Cr P C Archives - Page 5 of 61 - Supreme Court of India Judgements

October 30, 2026 3:10 am

Criminal Procedure, 1973 — Section 197 — Sanction for prosecution — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 217 — Delay in granting sanction — High Court’s direction for deemed sanction if authority fails to decide within one month — Supreme Court notes that the earlier judgment in Dr. Subramanian Swamy vs. Manmohan Singh (2012) 3 SCC 64 does not support the concept of deemed sanction, and a Coordinate Bench had also rejected such an argument in Suneeti Toteja Vs. State of Uttar Pradesh (2025 SCC OnLine SC 433). Supreme Court finds it appropriate to refer the matter to a larger Bench due to persistent complaints of lethargy or apathy in granting sanction. The High Court’s direction on deemed sanction is stayed until further orders

Feb 22, 2026 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE Vs. M.MUNEER AHAMED AND ANOTHER ( Before : Dipankar Datta and Satish Chandra Sharma, JJ. )…

Cr P C

Criminal Procedure Code, 1973 — Evidence Act, 1872 — Section 27 — Admissibility of information received from accused in custody leading to discovery of fact — Recovery of dead body and Scooty at the instance of the accused, based on memorandum statement, considered a distinct fact and sufficient to prove guilt when connected to other circumstances.

Feb 22, 2026 sclaw

2026 INSC 173 SUPREME COURT OF INDIA DIVISION BENCH NEELU @ NILESH KOSHTI Vs. THE STATE OF MADHYA PRADESH ( Before : Prashant Kumar Mishra and Vipul M. Pancholi, JJ.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 164 — Recording of confession — Duty of Magistrate — Magistrate must inform the accused of their right to legal assistance before recording confession — Failure to do so can render the confession suspect — In this case, Magistrate failed to inform the accused of their right to a lawyer, contributing to the unreliability of the confession.

Feb 1, 2026 sclaw

2026 INSC 85 SUPREME COURT OF INDIA DIVISION BENCH BERNARD LYNGDOH PHAWA Vs. THE STATE OF MEGHALAYA ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973 — Section 439 — Bail — Cancellation of bail — Supreme Court’s power to interfere with High Court’s bail order — Supreme Court ordinarily does not interfere with High Court orders granting bail, but will intervene if discretion was exercised without due application of mind or contrary to law — Factors to consider include prima facie view of guilt, nature/gravity of offence, and likelihood of obstruction/evasion of justice — Grant of bail balances public interest in justice with individual liberty.

Feb 1, 2026 sclaw

2026 INSC 98 SUPREME COURT OF INDIA DIVISION BENCH USMAN ALI Vs. STATE OF UTTAR PRADESH AND ANOTHER ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 154 — Information as to the commission of cognizable offence — Mandatory registration of FIR — Court reiterates the mandatory duty to register an FIR upon disclosure of a cognizable offence and reminds educational institutions of their civic and legal obligation to promptly lodge an FIR in case of a student suicide on campus. (Para 1)

Jan 17, 2026 sclaw

2026 INSC 62 SUPREME COURT OF INDIA DIVISION BENCH AMIT KUMAR AND OTHERS Vs. UNION OF INDIA AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 2(s) and 2(o) — Prevention of Corruption Act, 1988 — Andhra Pradesh Reorganisation Act, 2014 — Sections 2(f), 100, 101, 102 — Quashing of FIRs — Jurisdiction of Anti-Corruption Bureau (ACB) Police Station post-bifurcation of Andhra Pradesh — High Court quashed Anti-Corruption Bureau FIRs on hyper-technical ground of lack of specific notification under Section 2(s) CrPC for the relocated ACB office (Vijayawada) after the State Reorganisation — Held: The High Court’s approach leads to a travesty of justice by nipping investigations in the bud on hyper-technical grounds — Pre-bifurcation Government Order (G.O.Ms. No. 268 dated 12.09.2003) declaring ACB offices as Police Stations, coupled with the express provisions of the 2014 Act (Sections 100 and 102), ensures continuity of “law” (which includes notifications/orders) in the successor State of Andhra Pradesh without requiring fresh adoption or notification — Section 102 of the 2014 Act facilitates courts/authorities to construe the existing law to apply to the new State, even absent specific adoption — Subsequent clarificatory G.O.Ms. No. 137 (14.09.2022) merely restates the position and its non-retroactive application reasoning by High Court is untenable — Hyper-technical reasoning, ignoring the spirit of the law and the continuity mandated by the Reorganisation Act, cannot be sustained. (Paras 3, 5, 7, 9, 10, 16, 17, 21, 22, 24)

Jan 11, 2026 sclaw

2026 INSC 37 SUPREME COURT OF INDIA DIVISION BENCH THE JOINT DIRECTOR (RAYALASEEMA), ANTI-CORRUPTION BUREAU, A.P. AND ANOTHER ETC. Vs. DAYAM PEDA RANGA RAO ETC. ( Before : M. M.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent power of High Court to quash criminal proceedings — Principles governing exercise of power — High Court must exercise power sparingly, cautiously, and avoid usurping function of trial court or conducting mini-trial — Only requirement is to examine whether uncontroverted allegations in FIR, taken at face value, disclose commission of any cognizable offence — Reliability, sufficiency, or acceptability of evidence is not for summary determination under Section 482 CrPC; it is a matter for trial court — Where factual foundation for prosecution exists, criminal law cannot be short-circuited — Reference to Bhajan Lal case delineating categories for quashing (Paras 20-24, 30, 31).

Jan 11, 2026 sclaw

2026 INSC 39 SUPREME COURT OF INDIA DIVISION BENCH C.S. PRASAD Vs. C. SATYAKUMAR AND OTHERS ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Criminal Appeal No.…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 397 and 401 — Criminal Revision — Abatement on death of Revisionist (Informant/Complainant) — Rule of abatement applicable to appeals (Section 394) does not strictly apply to revision, particularly when revision is not initiated by an accused — If the main proceeding survives (e.g., trial is pending), the revision by an informant/complainant does not abate on their death — High Court erred in holding that the revision abates upon the death of the original revisionist (informant), especially since the trial against the accused was pending (Paras 17, 19)

Jan 4, 2026 sclaw

2025 INSC 1484 SUPREME COURT OF INDIA DIVISION BENCH SYED SHAHNAWAZ ALI Vs. THE STATE OF MADHYA PRADESH AND OTHERS ( Before : Sanjay Karol and Manoj Misra, JJ. )…

Bail Declined Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 439(2) — Cancellation of Bail — Annulment of Bail — Distinction — Cancellation of bail is generally based on supervening circumstances and post-bail misconduct; Annulment of an order granting bail is warranted when the order is vitiated by perversity, illegality, arbitrariness, or non-application of mind — High Court granted bail ignoring prior cancellation of bail due to commission of murder by accused (while on bail) of a key witness in the first case, and failed to consider the gravity of offenses (including under SC/ST (POA) Act) and threat to fair trial — Such omissions and reliance on irrelevant considerations (existence of civil dispute) render the bail order perverse and unsustainable, justifying annulment by the Supreme Court. (Paras 12, 12.1, 12.2, 12.4, 12.5)

Jan 1, 2026 sclaw

2025 INSC 1483 SUPREME COURT OF INDIA DIVISION BENCH LAKSHMANAN Vs. STATE THROUGH THE DEPUTY SUPERINTENDENT OF POLICE AND OTHERS ( Before : B.V. Nagarathna and R. Mahadevan, JJ. )…

Bail Declined Cr P C

Criminal Procedure Code, 1973 (CrPC) — Quashing of FIR — Protection from Arrest — Directions for time-bound investigation — High Court, while declining to quash the FIR, directed the completion of investigation within 90 days and granted protection from arrest till the court takes cognizance (following ‘Shobhit Nehra v. State of U.P.’) — ‘Legality’: Such directions granting protection from arrest while refusing to quash are contrary to the law established by the Supreme Court, particularly ‘Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra’ and ‘State of Telangana v. Habib Abdullah Jeelani’ — Granting protection from arrest in this manner amounts to an order under Section 438 CrPC (Anticipatory Bail) without satisfying the statutory conditions and is legally unsustainable and inappropriate — High Courts must scrupulously avoid passing blanket orders of “no arrest” or “no coercive steps” while dismissing or disposing of quashing petitions under Section 482 CrPC or Article 226 of the Constitution. (Paras 4, 15, 16)

Jan 1, 2026 sclaw

2025 INSC 1480 SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND ANOTHER Vs. MOHD ARSHAD KHAN AND ANOTHER ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

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Supreme Court of India Judgements

Category: Cr P C

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