State of Uttar Pradesh v. Ram Swaroop @ Barkat 2026 INSC 256 - S.222 CrPC - Ss. 302,364 IPC

Code of Criminal Procedure 1973 - Section 222 - The expression “minor offence” found in Section 222 is not defined under the Code, it can be discerned from the context which is not merely that the prescribed punishment is less than the major offence - If the two offences are cognate offences and the main ingredients are common, the offence punishable with lesser sentence can be considered as a minor offence with reference to the other offence - Indian Penal Code 1860 - Section 302, 364 - The offence under Section 364 IPC cannot be said to be a lesser offence in relation to the offence under Section 302 IPC to be brought within the meaning of Section 222 of Cr.P.C- Section 364 IPC would indicate that if a person kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered would be punishable with imprisonment for life or rigorous imprisonment for a term which may extend to 10 years. This provision when compared with Section 302 would clearly indicate that they are separate and distinct offences and by no stretch of imagination can be construed as cognate offences. [Context: The Supreme Court dismissed the State of Uttar Pradesh’s appeal against the Allahabad High Court decision acquitting the respondent, who had been convicted by the trial court under Section 364 IPC despite being charged only under Section 302 IPC.] (Para 8-11)

Code of Criminal Procedure 1973 - Section 222 ; Indian Penal Code 1860 - Section 302,304B - The composition of the offence under Section 304-B is vastly different from the offence of murder indicated under Section 302 IPC and hence the former cannot be regarded as a minor offence vis-a-vis the latter. (Para 10)