Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Section 162 of the CrPC which prevents a Trial Judge from independently examining the contents of a chargesheet suo motu and himself using the statement of a person examined by the police recorded therein for the purpose of contradicting such person when he gives evidence in favour of the State as a prosecution witness

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MUNNA PANDEY — Appellant Vs. STATE OF BIHAR — Respondent ( Before : B.R. Gavai, J.B. Pardiwala and Prashant Kumar Mishra, JJ. ) Criminal…

Cr P C

(CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 498A – Allegations are mostly general and omnibus in nature, without any specific details as to how and when her brothers-in-law and mother-in-law, who lived in different cities altogether, subjected her to harassment for dowry – FIR quashed – Appeal allowed.

Sep 5, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH ABHISHEK — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Aniruddha Bose, Sanjay Kumar and S.V.N. Bhatti, JJ. ) Criminal Appeal…

Cr P C

Request for recall of the appellant as a witness under Section 311, CrPC was justified, as at the relevant point of time in his initial deposition, there was no occasion for him to bring the relevant facts relating to similarity of data before the Court, which arose after the CFSL expert was examined.

Sep 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATBIR SINGH — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti, JJ. ) Criminal Appeal…

Cr P C

Even in a case where the final report of the police under Section 173 is accepted and the accused persons are discharged, the Magistrate has the power to take cognizance of the offence on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report – Magistrate is not debarred from taking cognizance of a complaint merely on the ground that earlier he had declined to take cognizance of the police report

Sep 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ZUNAID — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 432 – Remission of sentence – Overemphasis on the presiding judge’s opinion and complete disregard of comments of other authorities, while arriving at its conclusion, would render the appropriate government’s decision on a remission application, unsustainable

Sep 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJO @ RAJWA @ RAJENDRA MANDAL — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : S. Ravindra Bhat and…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Ss 167, 173 and 272 – A charge sheet filed within the period provided either under Section 167 of CrPC or any other relevant statute in a language other than the language of the Court or the language which the accused does not understand, is not illegal and no one can claim a default bail on that ground – the investigating agency/officer to file charge sheet in the language of the Court determined in accordance with Section 272 of CrPC

Aug 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION AND OTHERS — Appellant Vs. NAROTTAM DHAKAD AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Constitution Cr P C

An accused is under an obligation to stand for identification parade – An accused cannot resist subjecting himself to the TIP on the ground that he cannot be forced or coerced for the same – Conduct of Test Identification Parade not violates the fundamental right of an accused under Article 20(3) of the Constitution

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUKESH SINGH — Appellant Vs. THE STATE (NCT OF DELHI) — Respondent ( Before : M.M. Sundresh and J.B. Pardiwala, JJ. ) Criminal Appeal…

Cr P C

To give threat to a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A of the IPC — Nowhere the first informant has stated that out of fear, she paid Rs. 10 Lakh to the accused persons – No offence under Section 386 of the IPC can be said to have been made out — FIR quashed.

Aug 19, 2023 sclaw

SUPREME COURT OF INDIA Before: B.R. Gavai & J.B. Pardiwala, JJ. Criminal Appeal No. 2344 of 2023 (Arising out of S.L.P. (Criminal) No. 3152 of 2023) Decided on: 08.08.2023 Salib…

Cr P C I P C

Held, in view of the decision rendered by the Constitution Bench in Lalita Kumari’s case (2014) 2 SCC 1, registration of FIR is mandatory u/s 154 of CrPC, if the information discloses commission of cognizable offence — Appeal allowed and direction given to concerned respondents to proceed further with the complaints filed by the appellant in accordance with law.

Aug 17, 2023 sclaw

SUPREME COURT OF INDIA Before: Bela M. Trivedi & Dipankar Datta, JJ. SLP (Crl.) No. 5883 of 2020) Decided on: 08.08.2023 Sindhu Janak Nagargoje – Appellant(s) Versus The State of…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw