Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973, S. 319 –Criminal Procedure Code, 1973, S. 244–Cross-examination–Right of cross-examination of the witnesses before the framing of the charge–If right to cross-examine under Section 244, CrPC not given to the newly joined accused then there would be a complete denial to such accused of an important right of cross-examination–Under Section 244, Cr.P.C. the accused has a right to cross-examine the witnesses and in the matter of Section 319, Cr.P.C. when a new accused is summoned, he would have similar right to cross-examine the witness examined during the inquiry afresh–Again, the witnesses would have to be re-heard and then there would be such a right–Merely presenting such witnesses for cross-examination would be of no consequence.

Nov 15, 2018 sclaw

  2010(1) LAW HERALD (SC) 294 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Criminal Appeal No. 28 of…

Cr P C

Indian Penal Code, 1860, S. 45 and 47–Criminal Procedure Code, 1973, S. 432, 433 and 433A–Premature release–Restriction on powers of remission or commutation in certain cases–A convict awarded life sentence has to undergo imprisonment for at least 14 years–While Sections 432 and 433 empowers the appropriate Government to suspend, remit or commute sentences, including a sentence of death and life imprisonment, a fetter has been imposed by the legislature on such powers by the introduction of Section 433A into the Code of Criminal Procedure by the Amending Act of 1978, which came into effect on and from 18th December, 1978–By virtue of the non-obstante clause used in Section 433A, the minimum term of imprisonment in respect of an offence where death is one of the punishments provided by laws or where a death sentence has been commuted to life sentence, has been prescribed as 14 years.  

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 125 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Dr. Justice B.S. Chauhan Special Leave Petition (Criminal) No. 4614…

Cr P C

Criminal Procedure Code, 1973, S 482–Prevention of Cruelty to Animals Act, 1960 , S. 11(1)(d)–Bombay Animal Preservation Act, 1954, S. 5, 6 and 8–Cruelty to Animals-Quashing Of FIR–Illegal and unauthorized transportation and slaughtering of animals–High Court arrived at a pre-mature conclusion that no offences under Section 279 IPC and under Sections 5, 6 and 8 of the Bombay Animal Preservation Act, 1954 were made out against the accused and quashed the criminal proceedings–Such a relief to the accused, who had not approached the High Court for quashing the FIR, could not have been granted in a petition filed by the owners of goats and sheep seeking custody of the live stock notwithstanding wide amplitude of power available under Article 226 of the Constitution–Order of HC , set aside.               

Nov 9, 2018 sclaw

2010(1) LAW HERALD (SC)  33 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2020 of…

Cr P C

Assault on Public Servant-Obscene Acts—Reduction in Sentence—Keeping in view age of appellant (60 years),  his spotless career throughout without any criminal antecedents and fact that he has already undergone one month jail sentence out of 3 months sentence for the offence committed 13 years ago; sentence reduced to already undergone subject to payment of enhanced fine

Oct 29, 2018 sclaw

2018(3) Law Herald (SC) 2294 : 2018 LawHerald.Org I486 IN THE SUPREME COURT OF INDIA                                                                Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Criminal…

Cr P C

On the basis of the plain language of the law and also as interpreted by several High Courts and in addition the resolution of the General Assembly of the United Nations, it is quite clear to us that a victim as defined in Section 2(wa) of the Cr.P.C. would be entitled to file an appeal before the Court to which an appeal ordinarily lies against the order of conviction

Oct 13, 2018 sclaw

Whether a ‘victim’ as defined in the Cr.PC. has a right of appeal in view of the proviso to Section 372 of the Cr.PC. against an order of acquittal in…

Cr P C

Criminal Procedure Code, 1973, S.362~Recalling of Order-However patently erroneous the earlier order be, it can only be corrected in the process known to law and not under Section 362 Cr.P.C.-The whole purpose of Section 362 Cr.P.C. is only to correct a clerical or arithmetical error. 

Sep 17, 2018 sclaw

2018(3) Law Herald (SC) 1902 : 2018 LawHerald.Org 1401 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Criminal Appeal No(S).…

Cr P C

Constitution of India, 1950, Article 141-Precedent-Judgments are not legislations, they have to be. read in the context and background discussions. Police Diary—Absence of entries in the General Diary concerning the preliminary enquiry would not be per se illegal or fatal to prosecution.

Sep 12, 2018 sclaw

(2018) 5 JT 387 : (2018) 7 SCALE 6492018(2) Law Herald (SC) 746 : 2018 LawHerald.Org 1023   SUPREME COURT OF INDIA DIVISION BENCH STATE BY LOKAYUKTHA POLICE — Appellant Vs. H. SRINIVAS —…

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Education

Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.

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Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

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I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw