I P C Archives - Page 38 of 59 - Supreme Court of India Judgements

April 26, 2025 4:05 pm

Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 134 : 2018 LawHerald.Org 2049 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. Ill…

I P C

Framing of Charge—Complainant sustained injuries on the nose and fracture of the nasal bone was found—Held; that the case may fall within the grievous hurt, hut it cannot be said that even, prima facie, a case is made out for the offence under Section 307 of the IPC

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 124 : 2019 LawHerald.Org 502 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice D. Y. Chandrachud Hon’ble Mr. Justice M. R. Shah Criminal Appeal…

I P C

Attempt to Murder—Compromise between Parties—Despite any settlement between the complainant and the accused, the criminal proceedings under Section 307 IPC cannot be quashed, as the offence is a non-compoundable offence

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 105 : 2019 LawHerald.Org 503 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice D. Y. Chandrachud Hon’ble Mr. Justice M. R. Shah Criminal Appeal…

I P C

Corruption—Criminal Conspiracy—Accused and Co-accused were acquitted under S.120-B IPC—Co-accused was also acquitted under Corruption Act—Accused also entitled for his clean acquittal under Corruption Act.

Feb 23, 2019 sclaw

2018(4) Law Herald (P&H) 2767 (SC) : 2018 LawHerald.Org 1617 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice InduMalhotra Criminal Appeal No.…

I P C

Identity of victim of sexual offences—Directions issued that no person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.

Feb 22, 2019 sclaw

2019(1) Law Herald (SC) 26 : 2018 LawHerald.Org 1938 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice Deepak Gupta Writ Petition (Civil)…

I P C

Cheating—Merely because the accused has not paid the amount due and payable under the agreement; no offence u/s 406 & 420 IPC is made out—Dispute is of civil nature—Complaint quashed.

Feb 22, 2019 sclaw

2019(1) Law Herald (SC) 50 : 2018 LawHerald.Org 1958 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice M. R. Shah Criminal Appeal…

I P C

Conviction–Case based on documents which were maintained by accused himself–Independent witness turned hostile–Trial cannot be held to be unfair.

Feb 18, 2019 sclaw

2009(1) LAW HERALD (SC) 443 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2086 of 2008…

I P C

Murder—Death Penalty—Every brutal murder does not fall within category of rarest of rare case to warrant death sentence

Feb 16, 2019 sclaw

2018(4) Law Herald (SC) 3216 : 2018 LawHerald.Org 1932 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr.…

I P C

Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.” “At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused.” If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.”

Feb 13, 2019 sclaw

“Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the…

I P C

According to Exception I to Section 300 IPC, culpable homicide is not murder if the offender causes the death of the person who gave the provocation, whilst deprived of the power of self-control by grave and sudden provocation. However, the First Proviso to Exception I provides that the provocation should be one which is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.

Feb 11, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATYA RAJ SINGH — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Abhay Manohar Sapre and Indu Malhotra, JJ. ) Criminal…

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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw

Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw

Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw

Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw

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