Criminal

A collection of 337 posts

Criminal

N. Vijay Kumar vs Vishwanath Rao N. 2025 INSC 537 - Ss. 138,139 NI Act - Cheque Bounce Case - Probable Defence

Negotiable Instruments Act - Section 118,138,139- Section 118 (a) assumes that every negotiable instrument is made or drawn for consideration, while Section 139 creates a presumption that the holder of a cheque has received the cheque in discharge of a debt or liability. Presumptions under both are rebuttable,

Criminal

Central Bureau Of Investigation vs Ramesh Chander Diwan 2025 INSC 539 -S. 197 CrPC - Deputation

Code of Criminal Procedure 1973 - Section 197- Protection of sub-section (1) of Section 197, Cr. PC is available only to such public servants whose appointing authority is the Central Government or the State Government and not to every public servant. (Para 26) Service Law - Deputation - Where exigency

Criminal

Superintendent Of Prison vs Venkatesan @ Senu @ Srinivasan @ Baskaran @ Radio @ Prakasam 2025 INSC 541 - S. 428 CrPC - Interpretation - Referred to Larger Bench

Code of Criminal Procedure 1973 - Section 428 - The words ‘of the same case’- Interpretation of Section 428, Cr. PC is not found to be consistent and an authoritative decision seems to be the need of the hour - Referred to larger bench. (Para 10 -29) Precedents- Consistency,

Criminal

Chellammal vs State 2025 INSC 540 - S.4 Probation of Offenders Act - Ss. 360,361 CrPC - S. 498A IPC

Probation of Offenders Act, 1958 - Section 4 - Unless applicability is excluded, in a case where the circumstances stated in sub- section (1) of Section 4 of the Probation Act are attracted, the court has no discretion to omit from its consideration release of the offender on probation; on

Criminal

Janshruti (People's Voice) vs Union Of India 2025 INSC 536 - S. 498A IPC - Constitutional Validity Upheld

Indian Penal Code 1860 - Section 498A : Bharatiya Nyaya Sanhita, 2023 - Section 84 - Constitutional Validity upheld -While it is acknowledged that certain individuals may face hardship due to the misuse of the provision, it is equally important to look beyond these instances and recognize that the provision serves

Criminal

Aejaz Ahmad Sheikh vs State of Uttar Pradesh 2025 INSC 529 - S. 313 CrPC

Code of Criminal Procedure 1973- Section 313 : Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 351- When vital prosecution evidence is not put to the accused in statement under Section 313 of the CrPC, the Court becomes helpless, as due to the long lapse of time, the defect cannot be cured

Criminal

Balram Dangi vs Veer Singh Dangi - S. 389 CrPC - Suspension Of Sentence - Murder Case

Code of Criminal Procedure 1973 - Section 389; Indian Penal Code 1860 - Section 302 - The reason that the Appeals were not likely to be heard in near future also would not be a valid ground for suspending the sentence of the accused, who have been convicted for the

Criminal

Vinod Boob vs Dodballaur Spinning Mills Pvt. Ltd. 2025 INSC 522

Note: No legal aspects discussed in this order. 2025 INSC 522 Vinod Boob vs Dodballaur Spinning Mills Pvt. Ltd. 2025 INSC 522 Vinod Boob vs Dodballaur Spinning Mills Pvt. Ltd. .pdf266 KBdownload-circleLawLens - AI-Driven Legal Research for Indian LawsDiscover AI-powered legal research tools for Indian law professionalsAI-Driven Legal Research for

Criminal

Lilaben vs State Of Gujarat 2025 INSC 519 - S. 389 CrPC - Suspension Of Sentence

Code of Criminal Procedure 1973 - Section 389 -When an accused person applies to the Appellate Court for suspension of sentence and succeeds in getting the Court to make an order in his favour, what gets stayed is only the execution of the sentence and nothing more. The sentence remains

Criminal

Sachin vs State Of Maharashtra

Note: No legal aspects discussed in this judgment. Read the reasoning part of this order here. 2025 INSC 518 Sachin vs State Of Maharashtra 2025 INSC 518 Sachin vs State Of Maharashtra .pdf58 KBdownload-circleLawLens - AI-Driven Legal Research for Indian LawsDiscover AI-powered legal research tools for Indian law professionalsAI-Driven Legal

Criminal

B.S. Yeddiyurappa vs A. Alam Pasha 2025 INSC 515 - S.156(3) - Cognizance Taking

Code of Criminal Procedure 1973 - Section 156(3) - The petition raised this issue : Whether, while directing an investigation in terms of provisions under Section 156(3) of the CrPC, the Magistrate is applying his mind. In other words, whether the Magistrate takes ‘cognizance at that stage’? - Tagged

Criminal

D.B. Ravikumar vs G.S. Suresh 2025 INSC 514 - S. 482 CrPC -Quashing Power

Code of Criminal Procedure 1973 - Section 482 - While allowing the appeal, SC observed: The High Court could not have prematurely scuttled the entire investigation on the ground that the complainant/appellant, D.B. Ravikumar, sought to prosecute Respondent No. 1, G.S. Suresh, primarily because he held the

Criminal

Rikhab Birani vs State Of Uttar Pradesh 2025 INSC 512 - Criminal Proceedings - Civil Remedies

Indian Penal Code 1860 - Section 415-420 - Merely on the allegation of failure to keep a promise will not be enough to initiate criminal proceedings. Thus, the dishonest intention on the part of the party who is alleged to have committed the offence of  cheating should be established at

Criminal

Kamal vs State Of Gujarat 2025 INSC 504 - S. 482 CrPC -Quashing Power- Matrimonial Disputes

Code of Criminal Procedure 1973 - Section 482 -In matters arising from matrimonial disputes, particularly where the allegations are levelled after many years of marriage and, that too, after one party initiates divorce proceeding against the other, the Court must be circumspect in taking the allegations at their face value.

Criminal

Sushila vs State Of UP 2025 INSC 505 - S. 498A IPC - Implicating Husband's Relatives

Indian Penal Code 1860 - Section 498A ; Dowry Prohibition Act - Practice of involving the relatives of the husband in dowry related matters deprecated. (Para 10-12) 2025 INSC 505 Sushila vs State Of UP - S. 498A IPC - Implicating Husband's Relatives2025 INSC 505 Sushila vs State Of

Criminal

State Of Himachal Pradesh vs Shamsher Singh 2025 INSC 503 - S. 307 IPC

Indian Penal Code 1860- Section 307 - To attract Section 307 IPC, it is not necessary that the hurt should be grievous or of any particular degree. If hurt of any nature is caused and it is proved that there was intention or knowledge to cause death, Section 307 IPC

Criminal

Ankit Mishra vs State Of Madhya Pradesh 2025 INSC 501 - Anticipatory Bail Cancellation

Constitution 0f India - Article 136 ; Code of Criminal Procedure 1973 - Section 438 - Once the benefit of anticipatory bail has been given by the High Court, the consideration for its cancellation has to be tested on the anvil as to whether the High Court has committed any serious

Criminal

Subhash Aggarwal vs State Of NCT Of Delhi 2025 INSC 499 - Criminal Trial - Absence Of Motive

Criminal Trial - Motive - If the case is built solely upon circumstantial evidence, absence of motive will be a factor that weighs in favour of the accused. Just as a strong motive does not by itself result in a conviction, the absence of motive on that sole ground cannot

Criminal

Shahed Kamal vs A. Surti Developers Pvt. Ltd. 2025 INSC 502 - S. 499 IPC - Defamation - Ninth Exception

Consumer rights - A right to protest peacefully without falling foul of the law is a corresponding right, which the consumers ought to possess just as the seller enjoys his right to commercial speech. Any attempt to portray them as criminal offences, when the necessary ingredients are not made out,

Criminal

Nirmala Chauhan vs State Of Uttar Pradesh - Dowry Prohibition Act - Return Of Dowry Article - Acquittal Of Accused

Dowry Prohibition Act - Section 6(3) - The acquittal of the accused in criminal trial would not warrant rejection of the application for return of the dowry articles. If dowry articles are given without a demand, regardless whether an offence under the Act is committed, they still may have

Criminal

Directorate Of Revenue Intelligence vs Raj Kumar Arora 2025 INSC 498 - S.8 NDPS Act - S.216 CrPC - Doctrine Of Prospective Overruling

NDPS Act - All the psychotropic substances mentioned under the Schedule to the Act have potential grave and harmful consequences to the individual and the society at large, when abused. Some psychotropic substances mentioned under the Schedule to the NDPS Act are also mentioned under the D&C Act

Criminal

K. Shikha Barman vs State Of Madhya Pradesh 2025 INSC 497

Note:No legal aspects discussed in the judgment. 2025 INSC 497 K. Shikha Barman vs State Of Madhya Pradesh 2025 INSC 497 K. Shikha Barman vs State Of Madhya Pradesh .pdf234 KBdownload-circleLawLens - AI-Driven Legal Research for Indian LawsDiscover AI-powered legal research tools for Indian law professionalsAI-Driven Legal Research for

Criminal

Suresh C. Singal vs State Of Gujarat 2025 INSC 495 - S. 482 CrPC - Predominant Civil Character

Code of Criminal Procedure 1973- Section 482- The stage and timing of the settlement play a crucial role in determination as to whether to exercise power under Section 482 of the CrPC 1973 or not -Where settlement has arrived at either immediately or in close vicinity after the alleged commission

Criminal

State Of Karnataka vs Nagesh 2025 INSC 492 - S. 7 PC Act - Corruption

Prevention of Corruption Act - Section 7 - The prosecution is required to prove that: (i) The accused was a public servant at the material time; (ii) The accused accepted or obtained a gratification other than legal remuneration; and (iii) The gratification was for illegal purpose. (Para 13) [Context: Supreme

Criminal

R. Baiju vs State of Kerala 2025 INSC 488 - S.120B IPC - Conspiracy

Indian Penal Code 1860 - Section 120B,149- By the very nature of the offence of conspiracy, being hatched in secrecy, no evidence of the common intention of the conspirators can be normally produced before Court. The offence can be proved largely by inferences from the acts committed or words