Supreme Court of India Judgements

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Category: I P C

Anticipatory Bail I P C

Prevention of Witch (Daain) Practices Act, 1999 – Sections 3 and 4 – Penal Code, 1860 (IPC) – Sections 341, 323, 354, 354 (B), 379, 504, 506 and 149 – – The respondent opposes anticipatory bail, asserting that the petitioner’s involvement is established – They contend that the seriousness of the charges warrants denial of bail – The court acknowledges that anticipatory bail is an extraordinary remedy – It emphasizes that such relief should be granted sparingly and only in exceptional circumstances – The court considers the petitioner’s status as an absconder and weighs the evidence against them – After thorough consideration, the court rules on the anticipatory bail application – Appeal Dismissed.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRIKANT UPADHYAY AND OTHERS — Appellant Vs. STATE OF BIHAR AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. )…

I P C

Penal Code, 1860 (IPC) – Section 376(2)(n) and 506 – Supreme Court allowed the appeal and quashed the FIR, holding that the complainant was a mature and intelligent woman who consented to the relations with the appellant during the subsistence of her earlier marriage – The Court also relied on a similar case, Naim Ahamed v. State (NCT of Delhi), where the accused was not held guilty of rape on false promise of marriage.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH XXXX — Appellant Vs. STATE OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Criminal Appeal…

Acquittal I P C SC/ST

Penal Code, 1860 (IPC) – Section 306 – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – Section 3(2)(v) – Abetment of suicide – Necessary ingredients – This court ruled that the charge under the SC/ST Act was unwarranted because the prosecution did not allege that the offence under the IPC was committed based on the deceased’s caste – The court also found that the allegations in the suicide note were not sufficient to establish abetment of suicide under Section 306 of the IPC – Appeal Allowed.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRABHAT KUMAR MISHRA @ PRABHAT MISHRA — Appellant Vs. THE STATE OF U.P. AND OTHER — Respondent ( Before : B.R. Gavai and Sandeep…

Food Safety and Standards Act I P C

Food Safety and Standards Act, 2006 (FSSA) – Sections 3(zz), 59 and 89 – Penal Code, 1860(IPC) – FSSA is a comprehensive and exhaustive legislation on all aspects of food and food safety, and that Section 89 of the FSSA gives an overriding effect to its provisions over any other law, including the IPC, in so far as the law applies to the aspects of food covered by the FSSA

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM NATH — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…

I P C

High court had not applied the correct standard of proof for invoking Section 319 CrPC, which requires more than a prima facie case but short of evidence that would lead to conviction – The supreme court also noted that the allegations against the appellants were vague and omnibus and that the trial court order was well reasoned and not perverse.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH N. MANOGAR AND ANOTHER — Appellant Vs. THE INSPECTOR OF POLICE AND OTHERS — Respondent ( Before : Vikram Nath and Satish Chandra Sharma,…

Cr P C I P C

Forging a power of attorney and a sale deed – High Court erred in assuming that there was no criminality involved in the alleged offences and that the matter was purely civil in nature – The Supreme Court also clarifies that the Sub-Registrar had the authority to initiate prosecution under the Registration Act, 1908, and that the quashing of the circular on which the Sub-Registrar relied did not affect the merits of the case.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAVIN KUMAR RAI — Appellant Vs. SURENDRA SINGH AND OTHERS — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal…

I P C

Respondent appears to have been hurt in view of the statements made by the petitioner generally about Gujarati people – Now, after the petitioner has explained the context in which he made the statements and after withdrawal of those statements, in the facts of the case, it is unjust to continue the prosecution – No purpose will be served by continuing the prosecution – Defamation complaint quashed – Appeal

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TEJASHWI PRASAD YADAV — Appellant Vs. HARESHBHAI PRANSHANKAR MEHTA — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Transfer Petition…

I P C

Deposition would reveal that after the other accused assaulted the deceased with sword, A-3 came thereafter and assaulted the deceased with stone lying there – Prosecution has not been in a position to establish that A-3 shared the common intention with the other accused to cause the murder of the deceased – Appeal of A-3 is allowed by altering the conviction under Section 302 to Section 304 Part II IPC.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VELTHEPU SRINIVAS AND OTHERS — Appellant Vs. STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) AND ANOTHER — Respondent ( Before : B.R. Gavai…

I P C

Rape with a 7 year old girl in temple – Petitioner-convict was aged 40 years on the date of occurrence and he took the victim to a temple, unmindful of the holiness of the place disrobed her and himself and then committed the crime – in terms of the provisions under Section 376 AB, IPC when a sentence of imprisonment for a term not less than 20 years which may extend upto life imprisonment is imposed, the convict is also liable to suffer a sentence of fine which shall be just and reasonable to meet the medical expenses and rehabilitation of the victim – Conviction under Section 376 AB, IPC was upheld with the sentence modified to 30 years of rigorous imprisonment – Petition partly allowed.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHAGGI @ BHAGIRATH @ NARAN — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ.…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw