Indian Penal Code

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 …

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

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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Sharif Ahmed vs State Of Uttar Pradesh 2024 INSC 363 – S 156(3), 173(2), 200-205 CrPC – Ss 406,420,506 IPC

June 10, 2024 / By

Code Of Criminal Procedure, 1973; Section 173(2)– It is the police report which would enable the Magistrate to decide a course of action from the options available to him. The details of the offence and investigation are not supposed to be a comprehensive thesis of the prosecution case, but at the same time, must reflect …

Sharif Ahmed vs State Of Uttar Pradesh 2024 INSC 363 – S 156(3), 173(2), 200-205 CrPC – Ss 406,420,506 IPC Read More »

Priyanka Jaiswal vs State Of Jharkhand 2024 INSC 357 – S 498A IPC – S 482 CrPC

April 30, 2024 / By

Code Of Criminal Procedure, 1973; Section 482- At the time of examining the prayer for quashing of the criminal proceedings, the court exercising extra-ordinary jurisdiction can neither undertake to conduct a mini trial nor enter into appreciation of evidence of a particular case. The correctness or otherwise of the allegations made in the complaint cannot …

Priyanka Jaiswal vs State Of Jharkhand 2024 INSC 357 – S 498A IPC – S 482 CrPC Read More »

Mohd Ahsan vs State Of Haryana 2024 INSC 338 – Murder Conviction Altered To S 304 Part I IPC

April 26, 2024 / By

Indian Penal Code, 1860; Section 299-304 -Allowing appeal against concurrent conviction for murder, SC observed: The incident occurred without premeditation, in a sudden fight, in the heat of passion and upon a sudden quarrel. The evidence would also not show that the accused-Appellant had either taken undue advantage or acted in a cruel or unusual …

Mohd Ahsan vs State Of Haryana 2024 INSC 338 – Murder Conviction Altered To S 304 Part I IPC Read More »

Kariman vs State Of Chhattisgarh 2024 INSC 335 – Murder Conviction Modified To 304 IPC

April 24, 2024 / By

Indian Penal Code, 1860; Section 300,302,304 -Appeal by accused against concurrent conviction under Section 302 IPC – The cause of death was opined as shock due to internal bleeding. Thus, by no stretch of imagination, can be it accepted that the accused had the intention to cause injury/injuries to the victim with the intention or …

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Yogesh @ Sonu Tharu vs State 2024 INSC 305 – Murder Case

April 17, 2024 / By

Indian Penal Code, 1860; Section 299,300, 304- Allowing appeal, SC observed: Evidence available would show that there was only a quarrel. All the parties assembled at the place of occurrence for the purpose of celebrating the birthday of PW-24. This fact is not in dispute. It is only while consuming liquor, a quarrel happened suddenly …

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State Of Karnataka vs MN Basavaraja CrA 503 Of 2013- S 304B IPC – Dowry Death

April 9, 2024 / By

Criminal Trial – A lady facing harassment and cruelty owing to her or her family’s failure to meet dowry demands would more often than not confide in her immediate family members. If the evidence of the family members in a case of dowry death is to be discarded on the ground that they are interested …

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