Criminal

A collection of 337 posts

Criminal

Batlanki Keshav (Kesava) Kumar Anurag vs State Of Telangana 2025 INSC 790 - Rape Case Quashed

Code of Criminal Procedure 1973 - Section 482 - HC refused to quash criminal proceedings against accused - Allowing appeal, SC observed: Even assuming that the accused appellant retracted from his promise to marry the complainant, it cannot be said that he indulged in sexual intercourse with the de-facto complainant

Criminal

Central Bureau Of Investigation vs Sekh Jamir Hossain 2025 INSC 788 - Cancellation of Bail

Bail - Considerations for grant of bail and cancellation thereof are entirely different. Bail once granted to the accused should normally not be interfered with/cancelled unless there exist circumstances giving rise to an inference that the bail has been procured by practicing fraud or mis-representation; that the allegations against

Criminal

Padman Bibhar vs State Of Odisha 2025 INSC 751 - Last Seen Together - Murder Case

Criminal Trial - Circumstantial Evidence - In a case based on circumstantial evidence, the prosecution is obliged to prove each circumstance, taken cumulatively to form a chain so complete that there is no escape from the conclusion that within all human probabilities, crime was committed by the accused and none

Criminal

N.S. Gnaneshwaran vs Inspector Of Police 2025 INSC 787 - S.482 CrPC - Quashing On Settlement

Code of Criminal Procedure 1973 - Section 482 - HC dismissed petition seeking quashing of criminal proceedings against accused for offences under Section 120B read with Sections 420, 468, and 471 of the Indian Penal Code – Allowing appeal, SC observed: the present criminal proceedings to continue would serve no meaningful

Criminal

Ramji Prasad Jaiswal @ Ramjee Prasad Jaiswal vs State Of Bihar 2025 INSC 738 - S. 313 CrPC - Juvenile Justice

Code of Criminal Procedure 1973- Section 313 [Section 351 BNSS]- Principles discussed - Referred to Raj Kumar alias Suman Vs. State (NCT of Delhi) (2023) 17 SCC 95 , Ashok Vs. State of Uttar Pradesh (2025) 2 SCC 381. (Para 29-34) [Context: In this case, SC noticed that all the

Criminal

Sivankutty vs P.K Patra - S.468 CrPC - Starting Point Of Limitation

❓What is the starting point of limitation for the purpose of Section 468 CrPC ? Code of Criminal Procedure 1973 - Section 468 - In the absence of any indication provided by Section 468, Cr. PC as to the starting point of limitation, the periods of six months, one year and

Criminal

Hansura Bai vs State Of Madhya Pradesh 2025 INSC 711 - Transfer Of Criminal Investigation - Custodial Death

Criminal Investigation - Transfer - The credibility of investigating agency should be impeachable. Further, the power to transfer investigations to a certain investigating agency must be sparingly used in the interest of justice and to maintain public trust on the institution. If the investigating agency is privy to the dispute,

Criminal

Amol Bhagwan Nehul vs State Of Maharashtra 2025 INSC 782- S.376 IPC - Rape- False Promise To Marry

Indian Penal Code 1860 - Section 376- A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State. Such conduct not only burdens the Courts, but blots the identity of an individual accused of such a heinous offence. This Court has

Criminal

Kushal Kumar Agarwal vs Directorate Of Enforcement 2025 INSC 760 - PMLA - CrPC -BNSS

❓Does Section 223 BNSS apply to complaint filed under Section 44 PMLA? Prevention of Money Laundering Act, 2002 - Section 44; Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 223 - The provisions of Chapter XVI of BNSS, containing Sections 223 to 226, will also apply to a complaint (filed after

Criminal

HDFC Bank Limited vs State Of Maharashtra 2025 INSC 759- S.141 NI Act

❓What should complainant plead in Cheque Bounce complaint to attract Section 141 NI Act? Negotiable Instruments Act, 1881 - Section 138, 141 - The repetition of the exact words of the Section in the same order, like a mantra or a magic incantation is not the mandate of the law.

Criminal

K. H. Kamaladini vs State 2025 INSC 745 - CrPC - Framing Of Charge- Scope Of Hearing

💡What is the scope of hearing at the time of framing of the charge? Code of Criminal Procedure 1973 -Section 228 [Section 251 BNSS] - Scope of hearing at the time of framing of the charge - Firstly, at this stage, the Court can examine only the documents forming part

Criminal

S.C. Narang vs State (NCT Of Delhi) 2025 INSC 688 - S.75 Juvenile Justice Act

Juvenile Justice (Care and Protection of Children) Act, 2015- Section 75 -A person who can be punished for cruelty to a child must be shown to have either the actual charge of the child or control over the child. The reference to the child in Section 75 is to the

Criminal

Mohammed Asarudeen vs Union Of India 2025 INSC 746 - S.44(2) UAPA - Witness Protection

❓How not to make an application under Section 44(2) UAPA? Unlawful Activities (Prevention) Act, 1967 - Section 44(2) - Witness Protection -An omnibus application cannot be made by the Special Public Prosecutor for the grant of protection under Section 44 for all witnesses or a number of witnesses.

Criminal

Rajni vs State Of Uttar Pradesh 2025 INSC 737 - S.94 Juvenile Justice Act - Review Power

Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 94 - Only in the absence of the certificates under clause (i) and clause (ii) of sub- section (2) of Section 94 can the JJB order for an ossification test or any other medical test to determine the age

Criminal

State Of Lokayuktha Police, Davanagere vs C B Nagaraj 2025 INSC 736 - Prevention of Corruption Act

💡In cases under PC Act, can it be presumed that just because money changed hands, it was pursuant to a demand? Prevention of Corruption Act, 1988 - Sections 7, 13,20- Just because money changed hands, it cannot be ipso facto presumed that the same was pursuant to a demand,

Criminal

Sanjay Colaro vs State Of Karnataka 2025 INSC 686 - Probation of Offenders Act

Note: SC granted the benefit under the Probation of Offenders Act to appellant -convict and set aside the sentence by which he has been directed to undergo simple imprisonment for six months- compensation of Rs. 10,00,000/- (Rupees ten lakhs only) to paid in favour of the surviving

Criminal

Shaurabh Kumar Tripathi vs Vidhi Rawal 2025 INSC 734 - S.482 CrPC - Quashing Domestic Violence Cases

❓Can High Courts quash Domestic Violence cases by invoking Section 482 CrPC inherent power? Code of Criminal Procedure 1973 - Section 482 [Section 528 BNSS ] - Protection of Women from Domestic Violence Act, 2005 -Section 12 - High Courts can exercise power under Section 482 CrPC (Section 528 BNSS) for

Criminal

Sanjiv Kumar Rajendrabhai Bhatt vs State Of Gujarat 2025 INSC 588 - Bail

Note: No legal aspects discussed in this order - SC refused bail to appellant and observed thus : In this background and looking at the gravity and nature of the allegations, the position held by the appellant at the time of the incident and the overall facts and circumstances as permeating

Criminal

Shivappa Reddy vs S. Srinivasan 2025 INSC 729 - S.63 Partnership Act - Resignation

❓Is putting forth a resignation or the partners entering into an agreement or drafting a deed or/and accepting the resignation of a partner of the Firm sufficient for discharging the liability of a partner of the Firm.? Indian Partnership Act 1932 - Section 63 - Merely putting forth a

Criminal

Hakim vs State Of NCT Of Delhi 2025 INSC 728 - Acid Attack case - Concurrent Conviction Upheld

Constitution of India - Article 136 - while exercising jurisdiction under Article 136 of the Constitution of India, ordinarily refrains from re-evaluating the evidence afresh. Interference is warranted only if it is clearly demonstrated that the courts below failed to consider material evidence or that their conclusions suffer from perversity,

Criminal

Ravinder Singh Sidhu vs State Of Punjab 2025 INSC 727 - Multiple FIRs - Clubbing

Criminal Investigation - Multiple FIRs - Writ Petition seeking direction for clubbing and transferring the multiple First Information Reports (FIRs) registered against the petitioner in different States to the Court of competent jurisdiction at Panchkula, Haryana- SC observed: Multiplicity of proceedings will not be in larger public interest. Further, since

Criminal

P Krishna Mohan Reddy vs State Of Andhra Pradesh 2025 INSC 725 - CrPC - Evidence Act - Anticipatory Bail - Confession Of Co-accused

❓Can anticipatory bail be granted merely on the ground that custodial interrogation is not required ? Code of Criminal Procedure 1973 - Section 438 [Section 482 BNSS] - Anticipatory Bail - Custodial interrogation -Even in cases where custodial interrogation may not be required the court is obliged to consider the entire

Criminal

Raghunath Sharma vs State Of Haryana 2025 INSC 723 - Ss.362,482 CrPC - Recall Of Order Quashing

Code of Criminal Procedure 1973 - Section 362, 482 - [Sections 403,528 BNSS]-Once the criminal cases had been quashed, under Section 482 Cr.P.C. on the ground of compromise entered into between the parties, one of the parties violating terms thereof is a ground entirely foreign to

Criminal

Sachin vs State Of Maharashtra 2025 INSC 716 - Ss. 377,386,401 - Appeal against Conviction - Enhancement Of Sentence

Code of Criminal Procedure 1973 - Section 386,401 [Section 427,442 BNSS] - No appellant by filing an appeal can be worse-off than what he was - The appellate court, in an appeal filed by the accused cannot, while maintaining the conviction, enhance the sentence - In an appeal

Criminal

Nagarajan vs State Of Tamil Nadu 2025 INSC 703 -Prevention of Food Adulteration Act - Probation

Prevention of Food Adulteration Act, 1954 - The benefit that the Probation Act envisages is inapplicable to an offence committed under the PoFA Act, if the offence has been committed between introduction of Section 20AA in 1976 and its repeal in 2006 by the FSS Act. (Para 41) Interpretation of