Criminal

A collection of 337 posts

Criminal

Sita Ram vs State Of Himachal Pradesh 2025 INSC 359 - Dying Declaration - Apprehension Of Death

Indian Evidence Act - Section 32- Admissibility of a dying declaration not dependent upon the person's having a consciousness of the approach of death. Even if the person did not apprehend that he would die, a statement made by him about the circumstances of his death would be

Criminal

Pradeep Nirankarnath Sharma vs State Of Gujarat 2025 INSC 350 - FIR - Preliminary Inquiry - Cognizable Offence

Code of Criminal Procedure 1973 - Section 154 - Clarified Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1: The scope of a preliminary inquiry is limited to situations where the information received does not prima facie disclose a cognizable offence but requires verification. However, in cases where

Criminal

Pradeep Nirankarnath Sharma vs Directorate Of Enforcement 2025 INSC 349 - PMLA - Threshold Value

PMLA Act - Money laundering is not a static event but an ongoing activity, as long as illicit gains are possessed, projected as legitimate, or reintroduced into the economy. Thus, the argument that the offence is not continuing does not hold good. (Para 25) The determination of the amount involved

Criminal

Vishnoo Mittal vs Shakti Trading Company 2025 INSC 346 - IBC - Moratorium - S. 138 NI Act

Negotiable Instruments Act - Section 138 - The cause of action arises only when the amount remains unpaid even after the expiry of fifteen days from the date of receipt of the demand notice- Insolvency and Bankruptcy Code - Section 14 ; Negotiable Instruments Act - Section 138 -In this case,

Criminal

Vindhyachal vs State Of Uttar Pradesh - S 378 CrPC - Appeal Against Acquittal

Code of Criminal Procedure, 1973 - Section 378 -Appellate Court while exercising its power under Section 378 as it then was, should be slow in reversing the order of acquittal. In other words, a Court of Appeal shall not substitute the view of the Trial Court, especially when the views

Criminal

Madan Lal vs State Of Rajasthan 2025 INSC 340 -S.20 Prevention Of Corruption Act

Prevention of Corruption Act 1988 - Section 20- When the prosecution has failed to establish beyond all reasonable doubt, the demand of bribe and its acceptance, in a trap laid by the trap team, there is no question of a presumption under Section 20 arising in this case. (Para 16)

Criminal

State Of Rajasthan vs Indraj Singh 2025 INSC 341 - Bail - Effect On Society

Code Of Criminal Procedure 1973 - Section 439- Bail - Lack of criminal antecedents and the period of custody are perfectly valid criteria for grant of bail, but the Court while giving due credence to them, cannot lose sight of the primary offence and its effect on society. (Para 9)

Criminal

Lok Mal @ Loku vs State Of Uttar Pradesh 2025 INSC 344 - S.376 IPC - Rape - Absence Of Injuries On Victim

Indian Penal Code 1860 - Section 376 -Absence of injuries on the private parts of the victim is not always fatal to the case of the prosecution - Merely because in the medical evidence, there are no major injury marks, this cannot a be a reason to discard the otherwise

Criminal

Gyanendra Singh @ Raja Singh Vs State Of U.P. 2025 INSC 335 - Ss. 42,42A POCSO Act

Protection of Children from Sexual Offences Act, 2012 - Section 42,42A - The fields of operation of Section 42 and Section 42A are in completely different spheres. Section 42 specifically deals with the quantum of punishment mandating that when a particular act or omission constitutes an offence, both under

Criminal

Yuvraj Laxmilal Kanther vs State Of Maharashtra 2025 INSC 338 - S.227 CrPC - Discharge - S. 304 Part II IPC

Code of Criminal Procedure 1973 - Section 227 - What Section 227 CrPC contemplates is that if upon consideration of the record of the case and the documents submitted therewith and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is

Criminal

Ramesh Maruti Gondhali vs State Of Maharashtra - S. 149 IPC

Indian Penal Code 1860 - Section 149 - While convicting a person charged with Section 149 IPC, which creates a vicarious liability, the Courts will have to be extra cautions- Though the provisions governing falsus in uno, falsus in omnibus may not have a strict application to the Courts in

Criminal

Joyi Kitty Joseph vs Union Of India 2025 INSC 327 - COFEPOSA Detention

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - While quashing a detention order, SC observed: The criminal prosecution launched and the preventive detention ordered are on the very same allegations of organised smuggling activities- When bail was granted by the jurisdictional Court, that too on conditions,

Criminal

State Of Himachal Pradesh vs Rajesh Kumar @ Munnu 2025 INSC 331 - Rape Cases - Non-Allowance Of Medical Examination By Rape-Victim

Indian Penal Code 1860 - Section 376 - Non- allowance of medical examination by an alleged rape- victim raises negative inferences against them. (Para 10) 2025 INSC 331 State Of Himachal Pradesh vs Rajesh Kumar @ Munnu - Rape Cases - Non-Allowance Of Medical Examination By Rape-Victim2025 INSC 331 State Of

Criminal

Jamin vs State Of Uttar Pradesh 2025 INSC 330 - S. 319 CrPC - Revisional Jurisdiction

Code of Criminal Procedure 1973 - Section 319, 397-401 -Unlike cases where an application under Section 319 is being decided in the first instance by the Trial Court, the conclusion of trial will have no bearing on the adjudication of an application under Section 319 in terms of the directions

Criminal

Shri Sendhur Agro & Oil Industries vs Kotak Mahindra Bank Ltd. 2025 INSC 328 - S. 142 NI Act - S. 406 CrPC - Transfer Petition

Code Of Criminal Procedure 1973 - Section 406 ; Negotiable Instruments Act 1881 - Section 138, 142- Section 142 of the N.I. Act in clear terms, provides the complainant with the right to lodge a complaint, before a court, within whose jurisdiction, the branch of the bank where the cheque

Criminal

State Of Chhattisgarh vs Ashok Bhoi 2025 INSC 256 - Last Seen Theory

Indian Evidence Act 1872 - Section 106 - Last Seen Theory - If the prosecution proves by leading reliable evidence that the accused was last seen with the deceased, the burden would be shifted on the accused to explain the said incriminating evidence either in his statement under Section 313

Criminal

Sanjay vs State Of Uttar Pradesh 2025 INSC 317 -Last Seen Theory -Circumstantial Evidence - Extra-judicial Confession

Criminal Trial - Last Seen Theory - Conviction cannot be solely based on last-seen theory. (Para 32) - Circumstantial Evidence - In a case based on circumstantial evidence, the prosecution must convince the Court that circumstances point towards the guilt of the accused alone and none else, as also lack

Criminal

M.S. Nagabhushan vs D.S. Nagaraja 2025 INSC 316 - S 138 NI Act - Liability

Note: No legal aspect discussed in the judgment - SC held that the complainant failed to lead evidence to conclusively establish that the entire amount under the post-dated cheques was a legally enforceable debt against the appellant- accused and therefore allowed appeal against HC judgment. 2025 INSC 316 M.S.

Criminal

Suresh @ Hanuman vs State (Govt. of NCT Delhi) 2025 INSC 324 - Murder Conviction Upheld

Note: No legal aspects discussed in the judgment - Supreme Court dismissed appeals filed by accused convicted in murder case. 2025 INSC 324 Suresh @ Hanuman vs State (Govt. of NCT Delhi) - Murder Conviction Upheld2025 INSC 324 Suresh @ Hanuman vs State (Govt. of NCT Delhi) - Murder Conviction Upheld.pdf224

Criminal

Patel Babubhai Manohardas vs State Of Gujarat 2025 INSC 322 - Abetment Of Suicide - Handwriting Expert Evidence -Poisoning

Indian Penal Code 1860 - Section 306 - Abetment to commit suicide involves a mental process of instigating a person or intentionally aiding a person in the doing of a thing. Without a positive proximate act on the part of the accused to instigate or aid in committing suicide, conviction

Criminal

Devinder Kumar Bansal vs State Of Punjab 2025 INSC 320 - Anticipatory Bail- Corruption Cases

Code of Criminal Procedure 1973 - Section 438 - BNSS - Section 482 - Anticipatory Bail- The presumption of innocence, by itself, cannot be the sole consideration for grant of anticipatory bail. The presumption of innocence is one of the considerations, which the court should keep in mind while considering

Criminal

Suresh Vs State 2025 INSC 318 - S.32 Evidence Act - Dying Declaration

Indian Evidence Act 1872 - Section 32 - Dying Declaration -In cases where the dying declaration is suspicious, it is not safe to convict an accused in the absence of corroborative evidence- That a dying declaration is an important piece of evidence and a conviction can be made by relying

Criminal

K. S. Mehta vs Morgan Securities And Credits Pvt. Ltd. 2025 INSC 315 - Ss. 138,141 NI Act - Non-Executive Directors

Negotiable Instruments Act 1882 - Section 138,141 - Non-executive and independent director(s) cannot be held liable under Section 138 read with Section 141 of the NI Act unless specific allegations demonstrate their direct involvement in affairs of the company at the relevant time - Mere designation as a

Criminal

Kamal @ Kamal Choudhary vs State Of Madhya Pradesh - Second Bail Application - Change Of Circumstances

Code of Criminal Procedure 1973 - Section 439 - Even if an earlier bail application is rejected, an accused can make a fresh application at a subsequent stage on the ground of material change in circumstances. [Context: In this case, after the first bail application was rejected, now all the

Criminal

C. Kamalakkannan vs State Of Tamil Nadu 2025 INSC 309

Summary: The appellant, C. Kamalakkannan, challenged his conviction under Sections 120B (criminal conspiracy), 468 (forgery for cheating), and 471 (using a forged document as genuine) of the Indian Penal Code (IPC). The case stemmed from a forged marksheet submitted by Kumari Amudha for MBBS admission, inflating her marks- The trial