Supreme Court of India Judgements

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Category: I P C

I P C

Where the complainant was aware that the accused was married at the inception of the relationship, and the relationship was prolonged (spanning several years, even after both parties obtained divorces from their respective spouses), the consent given by a mature complainant is deemed reasoned and conscious, negating the element of “misconception of fact” — A subsequent breach of promise does not automatically convert the initial consent into one obtained by deceit under S. 375 IPC.

Apr 14, 2025 sclaw

2025 INSC 457 SUPREME COURT OF INDIA DIVISION BENCH JASPAL SINGH KAURAL Vs. THE STATE OF NCT OF DELHI AND ANOTHER ( Before : B. V. Nagarathna and Satish Chandra…

I P C

Penal Code, 1860 — Section 376 — Rape — Consent — Misconception of Fact — Promise to Marry — Consent to sexual intercourse given by a mature individual, fully aware from the outset that the promisor is already married (though separated), cannot be deemed to be vitiated by a “misconception of fact” under Section 375 IPC merely based on a promise to marry after obtaining a divorce

Apr 13, 2025 sclaw

2025 INSC 458 SUPREME COURT OF INDIA DIVISION BENCH BISWAJYOTI CHATTERJEE Vs. STATE OF WEST BENGAL AND ANOTHER ( Before : B. V. Nagarathna and Satish Chandra Sharma, JJ. )…

I P C

The judgment emphasizes that the accused’s intention to aid, instigate, or abet the deceased to commit suicide is essential for Section 306 IPC to apply — Furthermore, the alleged harassment should be so severe that the victim has no option but to end their life, and there must be evidence of direct or indirect incitement to commit suicide.

Feb 9, 2025 sclaw

2025 INSC 168 SUPREME COURT OF INDIA FULL BENCH AYYUB AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER ( Before : Sanjiv Khanna, CJI., Sanjay Kumar 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.

Feb 5, 2025 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,…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw