Supreme Court of India Judgements

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Category: Evidence Act

Evidence Act

Dying Declaration—Need for Corroboration—Where the victim was administered sedative as pain killers before making the statement, the victim being in state of delusion cannot be ruled out—In such circumstance there is need for corroborative evidence for relying upon dying declaration.

May 12, 2019 sclaw

2019(2) Law Herald (SC) 1157 : 2019 LawHerald.Org 830 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S. A. Bobde Honble Mr. Justice Deepak Gupta Criminal Appeal Nos.…

Evidence Act

Evidence Act, 1872 – Section 27 – Abduction and murder – Merely because the actual recovery of the body happened before the accused lead the police to the scene, it does not, in the facts and circumstances of this case, negate the validity of the recovery based on a confession, in terms of Section 27 of the Evidence Act.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH PATTU RAJAN — Appellant  Vs.  THE STATE OF TAMIL NADU — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Indira Banerjee, JJ.…

Evidence Act

Evidence Law–May presume and shall presume–Difference between–In the former case the Court has an option to raise the presumption or not, but in the latter case, the Court must necessarily raise the presumption–If in a case the Court has an option to raise the presumption and raises the presumption, the distinction between the two categories of presumptions ceases and the fact is presumed, unless and until it is disproved–Evidence Act, 1872, Section 4.     

Feb 17, 2019 sclaw

2009(1) LAW HERALD (SC) 428 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2045 of 2008…

Evidence Act

Evidence Law–Confession–Extra Judicial Confession–Conviction made on basis of extra judicial confession–Held; While dealing with a stand of extra judicial confession, Court has to satisfy itself that the same was voluntary and without any coercion and undue influence–Extra judicial confession can form the basis of conviction if persons before whom it is stated to be made appear to be unbiased and not even remotely inimical to the accused

Feb 9, 2019 sclaw

2009(1) LAW HERALD (SC) 396 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. of 2009…

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Constitution

Constitution of India, 1950 — Articles 21, 32, 14, 142 — Prisoners, rights of — Elderly and terminally ill convicts — Continued incarceration despite advanced age (above 70 years) or terminal illness — Held, imprisonment does not suspend constitutional guarantees of dignity and humane treatment — Right to life under Art. 21 continues in custody and extends to protection from cruel, inhuman or degrading punishment — NALSA’s nationwide Special Campaign identifying 5,393 vulnerable prisoners, including 11 terminally ill and 84 above 70 years across 17 States and 1 Union Territory, disclosed systemic gap between executive policy and ground-level implementation — Continued detention causing avoidable suffering held constitutionally impermissible — Supreme Court, invoking Arts. 32 and 142, directed States/UTs to formulate uniform compassionate-release policy.

Jul 19, 2026 sclaw
I P C

Penal Code, 1860 (IPC) — Section 294(b) — Obscenity — Distinction between “obscene” and “abusive”/”vulgar” language — Test of — Held, to attract S. 294(b) IPC, prosecution must prove: (i) an obscene act done, or obscene word/song/ballad uttered, in or near a public place; and (ii) such act/utterance caused annoyance to others — Word “obscene” undefined under IPC but judicially construed, in the context of S. 292 IPC, to mean material which, taken as a whole, is lascivious, appeals to prurient interest, and tends to deprave and corrupt persons likely to be exposed to it — “Community standard test” (Aveek Sarkar) applicable, not the Hicklin test — Mere vulgarity, abuse or profanity, however distasteful, uncivil or shocking, does not ipso facto constitute obscenity — Vulgarity may evoke disgust or revulsion but lacks the depraving/corrupting tendency essential to obscenity — Appellant’s utterance of abusive and expletive-laden words against complainant during a quarrel, though coarse and offensive, held neither lascivious nor appealing to prurient interest nor shown to have caused annoyance to others in the public place — Conviction under S. 294(b) IPC set aside.

Jul 19, 2026 sclaw
Railways Act

Railways Act, 1989 — Sections 123(c)(2) and 124A — Compensation on account of untoward incidents — ‘No-fault’ liability — Accidental falling of a passenger from a running train constitutes an “untoward incident” — Liability under S. 124A arises irrespective of wrongful act, neglect or default of the Railway Administration, subject only to statutory exceptions such as suicide, self-inflicted injury or the passenger’s own criminal act — Provision held to be beneficial and welfare-oriented in nature.

Jul 19, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 31 — ‘Clean slate’ doctrine — Effect of approved Resolution Plan on claims — Upon approval under S. 31(1), claims provided in the Plan stand frozen and are binding on the Corporate Debtor and all stakeholders — Claims not incorporated in the Plan stand extinguished, withdrawn or abated — Resolution Applicant entitled to commence operations free from unforeseen liabilities — Ghanashyam Mishra & Sons v. Edelweiss ARC, (2021) 9 SCC 657, followed.

Jul 19, 2026 sclaw