Supreme Court of India Judgements

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Category: I P C

I P C

Unlawful assembly and rioting with deadly weapons – Common object – The important ingredients of an unlawful assembly are the number of persons forming it i.e., five; and their common object. Common object of the persons composing that assembly could be formed on the spur of the moment and does not require prior deliberations – Course of conduct adopted by the members of such assembly; their behaviour before, during, and after the incident; and the arms carried by them are a few basic and relevant factors to determine the common object.

Sep 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANJIT SINGH — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Criminal Appeal No.…

I P C

Weights and Measures Act, 1976 – Sections 12 and 30 – Short delivery of petrol and diesel – Section 153 of the Indian Penal Code has been made inapplicable under the Act as power of search and seizure is vested with the designated authorities under the Act. Therefore, the entire Code is inapplicable in respect of the prosecution under the Act that the police cannot enter any place for the purpose.

Sep 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH — Appellant Vs. AMAN MITTAL AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

I P C

Abetment of Suicide—Eve Teasing—Tarnishing of self respect of victim–If the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1745 : 2019 LawHerald.Org 1216 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…

I P C

The Supreme Court today held that when the case of the prosecution is on the basis that the role of accused is that of conspirators but there is a failure to prove the charge of conspiracy, the appellants could not be convicted for the offence under Section 302 IPC. Such conviction will have caused not only prejudice but also a failure of justice.

Aug 22, 2019 sclaw

Is omission to frame charge for offence under Section 302 IPC a curable irregularity? SC answers Murali Krishnan August 22 2019 The Supreme Court today held that when the case of the prosecution is on…

I P C

“Where the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive the woman to convince her to engage in sexual relations, there is a “misconception of fact” that vitiates the woman’s “consent”, U/ s 375 IPC. On the other hand, a breach of a promise cannot be said to be a false promise.

Aug 22, 2019 sclaw

When would sexual relations induced on a broken promise of marriage amount to Rape?  To establish a false promise, the maker of the promise should have had no intention of upholding his word at the…

I P C

Weakness in defence cannot become strength of prosecution, “An accused is not required to establish or prove his defence beyond all reasonable doubt, unlike the prosecution. If the accused takes a defence, which is not improbable and appears likely, there is material in support of such defence, the accused is not required to prove anything further. ” Supreme Court

Aug 9, 2019 sclaw

Weakness in defence cannot become strength of prosecution,  “An accused is not required to establish or prove his defence beyond all reasonable doubt, unlike the prosecution. If the accused takes a defence, which…

I P C

Dowry Death—Causing disappearance of Evidence—Acquittal—Appellants were acquitted u/ s 304-B IPC but were convicted u/s 201 IPC-Conviction u/s 201IPC could not be made merely on an assumption that the cremation of the body of deceased was not possible without the active connivance of the Appellants—Appellants held entitled to benefit of doubt-­ Appellants acquitted under 201 IPC also.

Jul 14, 2019 sclaw

2019(2) Law Herald (SC) 1742 : 2019 LawHerald.Org 1021 IN THE SUPREME COURT OF INDIA Before Hon*ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Criminal Appeal No.…

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