Indian Penal Code

Amit Rana @ Koka vs State Of Haryana 2024 INSC 543 – S 307 IPC – Attempt To Murder =

July 22, 2024 / By

Indian Penal Code, 1860; Section 307 [Section 109 BNSS]-The victim need not suffer any kind of bodily injury. The offence to commit murder punishable under Section 307, IPC is constituted by the concurrence of mens rea followed by actus reus, to commit an attempt to murder though its accomplishment or sufferance of any kind of …

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Baba Natarajan Prasad vs M. Revathi 2024 INSC 523 – S 494 IPC – Bigamy – Sentencing

July 16, 2024 / By

Indian Penal Code, 1860; Section 494 [Section 82(1) BNS]- High Court after restoring conviction for the offence under Section 494 I.P.C., sentenced accused to undergo imprisonment till the rising of the court and to pay a fine of Rs.20,000/- each with default sentence to undergo simple imprisonment for a period of three months- Allowing appeal, …

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Suresh Dattu Bhojane vs State Of Maharashtra 2024 INSC 468

July 10, 2024 / By

Indian Penal Code, 1860; Section 149 [Section 190 BNS] -When the charge is under Section 149, the presence of the accused as part of the unlawful assembly itself is sufficient for conviction- Their presence with the other co-accused amounted to an unlawful assembly which is sufficient for conviction, even if they may have not actively …

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Surender Singh vs State (NCT Of Delhi) 2024 INSC 462 – Ss.299,300 IPC – S. 105 Evidence Act – S. 231 CrPC

July 4, 2024 / By

Indian Penal Code, 1860; Section 299,300- Provocation itself is not enough to reduce the crime from murder to culpable homicide not amounting to murder. In order to convert a case of murder to a case of culpable homicide not amounting to murder, provocation must me such that would temporarily deprive the power of self-control of …

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Madhusudan vs State Of Madhya Pradesh – S 34 IPC – Common Intention

May 28, 2024 / By

Indian Penal Code, 1860; Section 34 and 149 –A mere common intention per se may not attract Section 34 IPC without action in furtherance of such common intention- There is a significant distinction between Section 34 and Section 149 of IPC. Section 34 requires active participation and prior meeting of minds whereas Section 149 assigns …

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S Nitheen vs State Of Kerala 2024 INSC 420 – S 494 IPC – Bigamy

May 16, 2024 / By

Indian Penal Code, 1860; Section 494– The essential ingredients of this offence are: (1) that the accused spouse must have contracted the first marriage (2) that while the first marriage was subsisting the spouse concerned must have contracted a second marriage, and (3) that both the marriages must be valid in the sense that the …

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Dasari Srikanth vs State Of Telangana 2024 INSC 417 – Ss 354D, 506 IPC – Conviction Quashed As Accused-Complainant Married

May 16, 2024 / By

Indian Penal Code, 1860; Section 354D and 506- Appeal by accused against High Court judgment upholding his conviction for offences under Sections 354D and 506-Part I of the Indian Penal Code, 1860 – Allowing appeal, SC observed: The offences under Section 354D IPC and Section 506 IPC are personal to the complainant and the accused …

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C Subbiah @ Kadambur Jayaraj vs Superintendent Of Police 2024 INSC 416 – Benami – IPC

May 16, 2024 / By

Benami Transactions (Prohibition), Act 1988; Section 4(1)- Since by virtue of the provisions contained in Sections 4(1) and 4(2) of the Benami Act, the complainant is prohibited from suing the accused for a civil wrong, in relation to these benami transactions, as a corollary, allowing criminal prosecution of the accused in relation to the self-same …

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Anees vs State Govt Of NCT 2024 INSC 368 – Public Prosecutor – Ss 106, 165,27 Evidence Act- Ss 162 CrPC

May 4, 2024 / By

Public Prosecutor – There should not be any element of political consideration in the matters like appointment to the post of public prosecutor, etc. The only consideration for the Government should be the merit of the person. The person should be not only competent, but he should also be a man of impeccable character and …

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Achin Gupta vs State Of Haryana 2024 INSC 369 – S 498A IPC – S 482 CrPC

June 10, 2024 / By

Indian Penal Code, 1860; Section 498A – Referred to Preeti Gupta v. State of Jharkhand 2010 Criminal Law Journal 4303 – We request the Legislature to look into the issue as highlighted above taking into consideration the pragmatic realities and consider making necessary changes in Sections 85 and 86 respectively of the Bharatiya Nyaya Sanhita, …

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