Indian Penal Code

A collection of 148 posts

Criminal

Raju @ Nirpendra Singh vs State Of Madhya Pradesh 2025 INSC 392 - Gang Rape Conviction Upheld

Indian Penal Code 1860 - Section 376 - Once the age of the prosecutrix at the time of the incident is established to be that of minority, the question of consent per se becomes irrelevant and the act shall qualify as statutory rape nevertheless- Subjection to sexual intercourse under fear

Criminal

Jothiragawan vs State 2025 INSC 386 - Rape On Promise To Marry - Quashing

Indian Penal Code 1860 - Section 376 - Rape case quashed - SC observed: There is no promise of marriage to coerce consent from the victim for sexual intercourse; as forthcoming from the statements made by the victim. The promise if any was after the first physical intercourse and even

Criminal

Dhirubhai Bhailalbhai Chauhan vs State Of Gujarat 2025 INSC 381 - S 149 IPC - Unlawful Assembly

Indian Penal Code 1860 - Section 149 - Where the evidence on record establishes the fact that a large number of persons were present, it may be safe to convict only those persons against whom overt act is alleged - Plurality test -The conviction could be sustained only if it

Criminal

State Of Rajasthan vs Chatra 2025 INSC 360 - Rape Cases - Silence Of Prosecutrix

Indian Penal Code 1860 - Section 375 - If the prosecutrix is unable to testify, or for some justifiable reason remains unexamined, the possibility of conviction is automatically excluded - The testimony of the prosecutrix is present and forms an essential part of the conviction of an accused, but at

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

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

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

Hari Nandan Singh vs State Of Jharkhand 2025 INSC 305 - S 298 IPC - Calling 'Pakistani'

Indian Penal Code 1860 - Section 298 - FIR alleged that accused hurried the religious feelings of the informant by calling him “Miyan-Tiyan” and “Pakistani.” - Undoubtedly, the statements made are poor taste. However, it does not amount to hurting the religious sentiments of the informant. (Para 19) Context: According

Criminal

Hiralal Babulal Soni vs State Of Maharashtra 2025 INSC 266 - S 411 IPC - S 114 Evidence Act

Indian Penal Code 1860 - Section 411- In order to bring home the charge under Section 411 of the IPC, it is the duty of the prosecution to prove (i) that the stolen property was in the possession of the accused; (ii) that some persons other than the accused had

Criminal

Dr. Mohan vs State Of Tamil Nadu - S 304 IPC - Medical Negligence

Indian Penal Code 1860 - Section 304 Part 1 -Offence alleged against the accused - medical practitioner is of conveying/ instructing a staff nurse to administer an injection over telephone which injection when administered to the patient, apparently reacted, resulting into his death - HC refused to quash proceedings but

Criminal

Aluri Venkata Ramana vs Aluri Thirupathi Rao - S 498A IPC - Dowry Not Pre-Requisite For Cruelty

Indian Penal Code 1860 - Section 498A : BNS 2023 - Section 86 -An unlawful demand for dowry is not a pre- requisite element to constitute "cruelty" under Section 498A IPC - The absence of an explicit dowry demand does not negate the applicability of the provision where acts

Criminal

Jaideep Bose vs Bid And Hammer Auctioneers Private Limited 2025 INSC 241 - Freedom Of Speech & Expression - Defamation - S 200 CrPC

Constitution of India - Article 19(1)(a) - The right to freedom of speech and expression guaranteed under Article 19(1)(a) is paramount. At the same time, Those working in the media, particularly, individuals in key positions, authors, etc., must exercise utmost caution and responsibility before publishing any

Criminal

Tilku Alias Tilak Singh vs State Of Uttarakhand 2025 INSC 226 -Ss 363,366 IPC - Kidnapping

Indian Penal Code 1860 - Section 363, 366 - Bharatiya Nyaya Sanhita 2023 - Section 137(2), 87 -Accused convicted for the offences punishable under Sections 363 and 366 of the IPC - Allowing appeal, SC observed: Even if the finding that prosecutrix was between 16 to 18 years of

Criminal

Vasant @ Girish Akbarasab Sanavale vs State Of Karnataka 2025 INSC 221 - S 34 IPC - Common Intention

Indian Penal Code 1860 - Section 34 - Bharatiya Nyaya Sanhita 2023 - Section 3(5) -Although Section 34 IPC deals with a criminal act which is joint and an intention which is common, it cannot be said that it completely ignores or eliminates the element of personal contribution of

Criminal

Harmeet Singh vs State Of Himachal Pradesh - Ss 442,460 IPC - Human Dwelling - Hospital

Indian Penal Code 1860 - Section 442 and 460 - Where humans are dwelling, be it in a hospital, the place is called a ‘human dwelling’ for the purposes of Sections 442 and 460 IPC. Harmeet Singh vs State Of Himachal Pradesh - Ss 442,460 IPC - Human Dwelling

Criminal

Suman Mishra vs State of Uttar Pradesh 2025 INSC 203 - S 498A IPC - Quashing

Indian Penal Code 1860 - Section 498A - FIR registered under Sections 498A, 504, 506 IPC against Husband and his family - HC refused to quash FIR - Allowing appeal, SC observed: Initially the FIR was lodged alleging rape and no charge-sheet was filed for prosecuting the accused for the

Criminal

Akula Raghuram vs State Of Andhra Pradesh 2025 INSC 185 - S 366A IPC - Acquitted

Indian Penal Code, 1860 - Section 366A - Accused's appeal against concurrent conviction - Allowing appeal, SC observed; that Even if there is a consent, the accused cannot be absolved of a criminal liability if the child is a minor -Radiologist certifying her age to be between 16

Criminal

B.V. Ram Kumar vs State Of Telangana 2025 INSC 194 - S 504 IPC - Senior's Admonition At Workplace

Indian Penal Code 1860 - Section 504 - Senior’s admonition cannot be reasonably attributed to mean an ‘intentional insult with the intent to provoke’ within the means of Section 504, IPC, provided that the admonition relates to the matters incidental to the workplace covering discipline and the discharge of

Criminal

Naushey Ali vs State of U.P. 2025 INSC 182- S 482 CrPC - S 307 IPC - Attempt To Murder Cases - Quashing On Settlement

Code of Criminal Procedure 1973 - Section 482 - Indian Penal Code 1860 - Section 306 - Will the mere mention of Section 307 IPC in the criminal proceedings force the court to adopt a hands-off approach, when parties come forward with a settlement? Mere mention of Section 307 IPC

Criminal

2025 INSC 178 Hansraj vs State Of Chhattisgarh - S 302 IPC - Motive - Farsi

Indian Penal Code 1860 - Section 302 - Concurrent Murder conviction set aside- Motive - The issue of non-payment of wages is hardly material and is so trivial a matter so as to compel anyone to take an extreme step of committing a crime of such a grave nature. (Para

Criminal

Lalita vs Vishwanath 2025 INSC 173 - S 306 IPC - FIR By Deceased Person - Evidentiary Value

Indian Penal Code 1860 - Section 306 - Mere harassment or cruelty is not sufficient to infer abetement. There has to be some credible evidence that the accused persons aided or instigated the deceased in some manner to take the drastic step of putting an end to her life. (Para

Criminal

Ayyub vs State Of Uttar Pradesh 2025 INSC 168 - S 306 IPC - Abetment Of Suicide

Indian Penal Code 1860 - Section 306 -In order to make out an offence under Section 306 IPC, specific abetment as contemplated by Section 107 IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment

Criminal

Ganesan vs State 2025 INSC 158 - S 307 IPC - Punishment

Indian Penal Code 1860 - Section 307 - “attempt to murder” provides for a punishment of, either imprisonment for life or imprisonment of either description for a term which may extend to 10 years and fine. The threshold term of imprisonment, if life is avoided, can only be 10 years

Criminal

Ashok Saxena Vs State Of Uttarakhand 2025 INSC 148 - S 301 IPC - Doctrine Of Transfer Of Malice Or The Transmigration Of Motive

Indian Penal Code 1860 - Section 301 - Doctrine of transfer of malice or the transmigration of motive- Culpable homicide may be committed by causing death of a person whom the offender neither intended nor knew himself to be likely to kill. If the killing takes place in the course