I P C Archives - Supreme Court of India Judgements

November 21, 2024 4:50 pm

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).

Oct 9, 2024 sclaw

2024 INSC 750 SUPREME COURT OF INDIA DIVISION BENCH K. BHARTHI DEVI AND ANOTHER — Appellant Vs. STATE OF TELANGANA AND ANOTHER — Respondent ( Before : B.R. Gavai and…

I P C

Penal Code, 1860 (IPC) — Section 420 — Passports Act, 1967 — Section 12(2) — The appellant was convicted for abetting the issuance of a second passport to a person already possessing a passport — The Supreme Court set aside the conviction and acquitted appellant due to insufficient evidence proving her guilt beyond reasonable doubt — Conviction based on circumstantial evidence requires each circumstance to be proven beyond reasonable doubt and the circumstances taken together should lead to an irresistible inference of guilt — Under Section 12(2), the prosecution bears the burden of proving that the accused knowingly furnished false information or suppressed material information with the intent to secure a passport or travel document — The Supreme Court allowed the appeal, setting aside the judgments of the Trial Court and the High Court, and acquitted appellant of the offences alleged against her.

Oct 2, 2024 sclaw

2024 INSC 721 SUPREME COURT OF INDIA DIVISION BENCH YOGARANI — Appellant Vs. STATE BY THE INSPECTOR OF POLICE — Respondent ( Before : Sanjay Kumar and Aravind Kumar, JJ.…

I P C

Penal Code, 1860 (IPC) — Sections 302 and 304 Part I — Murder — Alteration of Sentence — The main issue was whether the appellants’ conviction under Section 302 IPC was justified or if it should be altered to a lesser offense — The appellants argued that there was a delay in lodging the FIR, contradictions in witness testimonies, and that the injuries sustained by the appellants were not explained by the prosecution —The respondent-State maintained that the prosecution had proved the case beyond reasonable doubt and that the conviction and sentence were justified —The Supreme Court altered the conviction from Section 302 IPC to Part-I of Section 304 IPC, sentencing the appellants to the period already undergone —The Court found that the incident occurred in a sudden fight without premeditation and that the prosecution failed to explain the injuries sustained by the appellants —The Court concluded that the case fell under Part-I of Section 304 IPC due to the lack of premeditation and the sudden nature of the fight —The appeals were partly allowed, and the appellants were ordered to be released forthwith if not required in any other case.

Sep 29, 2024 sclaw

2024 INSC 727 SUPREME COURT OF INDIA DIVISION BENCH SUNIL @ SONU ETC. — Appellant Vs. STATE NCT OF DELHI — Respondent ( Before : B.R. Gavai and K.V. Viswanathan,…

I P C

Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the charge of attempt to murder —The Supreme Court set aside the High Court’s order, directing the trial court to frame charges under Section 307 IPC —The intent to kill can be inferred from the circumstances and the doctor’s report suggesting the possibility of throttling —The extent of injuries is irrelevant if the intent to cause death is present, as per established legal precedents —The trial court must proceed with charges under Section 307 IPC, and the trial should be expedited.

Sep 28, 2024 sclaw

2024 INSC 731 SUPREME COURT OF INDIA DIVISION BENCH SHOYEB RAJA — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sanjay Karol,…

I P C

Penal Code, 1860 (IPC) — Sections 148, 302, and 307 — The appellants, armed with weapons, attacked the victims, resulting in serious injuries — The prosecution’s case is supported by eyewitness testimonies and medico-legal evidence —Whether the appellants acted with common intention to kill and if the absence of independent witnesses affects the prosecution’s case — The appellants claimed self-defense and alleged false implication due to a prior FIR filed by A-4’s daughter — The prosecution argued that the appellants had a common intention to kill, supported by consistent eyewitness testimonies and medical evidence —The High Court’s decision finding the appellants guilty under sections 148, 302, and 307, IPC read with section 34 is upheld —The court emphasized the reliability of injured eyewitnesses and the formation of common intention even moments before the act — The appeal is dismissed, affirming the High Court’s judgment.

Sep 28, 2024 sclaw

2024 INSC 738 SUPREME COURT OF INDIA DIVISION BENCH BALJINDER SINGH @ LADOO AND OTHERS — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Dipankar Datta and Augustine…

I P C Prevention of Money Laundering

Penal Code, 1860 (IPC) — Sections 406, 420, 467, 468, 447, 504, 506, 341, 323 and 34 — Prevention of Money Laundering Act, 2002 — Sections 3, 4 and 45 ——The Supreme Court granted bail to the appellant, emphasizing that bail is the rule and jail is the exception — The Court found that the prosecution failed to establish a prima facie case of money laundering against the appellant

Aug 29, 2024 sclaw

2024 INSC 637 SUPREME COURT OF INDIA DIVISION BENCH PREM PRAKASH — Appellant Vs. UNION OF INDIA THROUGH THE DIRECTORATE OF ENFORCEMENT — Respondent ( Before : B.R. Gavai and…

Acquittal I P C

Distinction Between Assault and Jostling/Struggling — The court distinguished between an assault, which involves an intentional application of force or a threat to apply force, and jostling or struggling that may occur during an attempt to resist arrest or escape — The mere act of jostling or struggling, without evidence of intent to assault or use criminal force, does not constitute an offence under Section 353 IPC. Necessity of Compliance with Section 195(1)(a)(i) Cr.P.C. for Prosecuting under Section 186 IPC —The court held that for prosecuting an offence under Section 186 IPC (obstructing a public servant in the discharge of public functions), it is mandatory to follow the procedure laid down in Section 195(1)(a)(i) of the Code of Criminal Procedure (Cr.P.C.), which requires a complaint or report by the public servant concerned or by some other person authorized by him in writing.

Aug 18, 2024 sclaw

2024 INSC 600 SUPREME COURT OF INDIA FULL BENCH MAHENDRA KUMAR SONKER — Appellant Vs. STATE OF MADHYA PRADESH ( Before : B.R. Gavai, K. V. Viswanathan and Nongmeikapam Kotiswar…

I P C

Penal Code, 1860 (IPC) — Sections 193, 376 and 504 — Establishing relations on the false pretext of marriage — Accused was granted bail, which the complainant sought to cancel — Whether the appellant’s denial in his affidavit constitutes an offence under Section 193 IPC (false evidence) — Petitioner argue that mere denial of averments does not constitute perjury — The court is not bound to make a complaint under Section 195(1)(b) unless it is expedient in the interest of justice — Respondent states that the appellant misrepresented facts and continued relations with the complainant despite being engaged to someone else —The Supreme Court set aside the High Court’s direction to file a complaint against the appellant for perjury —Denial simpliciter does not meet the threshold for perjury — No malafide intention or deliberate attempt was evident from the appellant’s statements —Prosecution for perjury should be initiated only in exceptional circumstances where there is deliberate falsehood on a matter of substance —The appeal was allowed, and the proceedings arising from the High Court’s direction were quashed — The decision does not affect the ongoing criminal case against the appellant.

Aug 18, 2024 sclaw

2024 INSC 601 SUPREME COURT OF INDIA DIVISION BENCH JAMES KUNJWAL @APPELANT Vs. STATE OF UTTARAKHAND AND ANOTHER — Respondent ( Before : B.R. Gavai, Sanjay Karol and K.V. Viswanathan,…

I P C

Penal Code, 1860 (IPC) — Sections 304 Part I and 304 Part II — Murder during a quarrel in family dispute — Modification of sentence — The main issue is whether the conviction should be under Section 304 Part I or Part II of the IPC — The petitioner argued that the incident was a result of self-defence and that the conviction should be set aside — The respondent supported the High Court’s decision and argued for the dismissal of the appeal — The Supreme Court upheld the High Court’s decision to alter the conviction from Section 304 Part I to Part II IPC but modified the sentence to the period already undergone by the appellant — The Court noted the emotional state of the young appellant and the non-premeditated nature of the incident — The Court emphasized the heat of the moment and the lack of control over anger leading to the incident — The appeal was partly allowed, modifying the sentence to the period already undergone while maintaining the conviction.

Aug 18, 2024 sclaw

2024 INSC 609 SUPREME COURT OF INDIA DIVISION BENCH HUSSAINBHAI ASGARALI LOKHANDWALA AND OTHERS — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Abhay S. Oka…

I P C

Penal Code, 1860 (IPC) — Sections 384, 389, 406 and 420 r/w Section 34 and 120B — Quashing of the summoning order and criminal proceedings — The appellant challenged the High Court of Jharkhand’s decision to quash the summoning order and criminal proceedings related to a fraud case — Whether the High Court was correct in quashing the summoning order and criminal proceedings — The appellant argued that the documents submitted by the respondents were forged and that the High Court overstepped its jurisdiction by quashing the summoning order —The respondents contended that the documents were not forged and that the appellant had ulterior motives — The Supreme Court quashed the High Court’s decision and remanded the matter back to the Judicial Magistrate for trial — The High Court exceeded its jurisdiction by delving into factual disputes that should be resolved during the trial — The Supreme Court emphasized that the High Court should not conduct a mini-trial at the stage of quashing proceedings —The appeals were allowed, and the matter was sent back for trial.

Aug 13, 2024 sclaw

2024 INSC 583 SUPREME COURT OF INDIA DIVISION BENCH DHARAMBEER KUMAR SINGH — Appellant Vs. THE STATE OF JHARKHAND AND ANOTHER — Respondent ( Before : Vikram Nath and Prasanna…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw

Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw

Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw

Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw

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