Indian Penal Code

Sanjay Upadhya vs Anand Dubey 2024 INSC 66 – Defamation Complaint Quashed

February 1, 2024 / By

Summary : Defamation Case filed by Advocate Against newspaper owner for report titled: “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj” – Supreme Court upheld Magistrate’s order rejecting the complaint observing that the news article was published in good faith and in exercise of the Fundamental Right of Freedom of Speech and Expression …

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Mariam Fasihuddin vs State 2024 INSC 49 :: [2024] 1 S.C.R. 623 – Ss 420,468,471 IPC – Cheating and Forgery- S 12(b) Passports Act -S 173(8) CrPC- Supplementary Report

February 16, 2024 / By

Indian Penal Code, 1860; Section 420 – In order to attract the provisions of Section 420 IPC, the prosecution has to not only prove that the accused has cheated someone but also that by doing so, he has dishonestly induced the person who is cheated to deliver property. There are, thus, three components of this …

Mariam Fasihuddin vs State 2024 INSC 49 :: [2024] 1 S.C.R. 623 – Ss 420,468,471 IPC – Cheating and Forgery- S 12(b) Passports Act -S 173(8) CrPC- Supplementary Report Read More »

Jay Shri vs State of Rajasthan 2024 INSC 48 – Ss 406,420 IPC -Converting Purely Civil Dispute Into Criminal Cases – Anticipatory Bail

February 1, 2024 / By

Indian Penal Code, 1860 ; Sections 420, 406 – Mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 1860, unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Code of Criminal Procedure, 1973 ; Section 438 – …

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Neeraj Sharma vs State of Chhattisgarh 2024 INSC 6 – S 364A IPC – S 32 Evidence Act – Injured Eye-Witness

February 4, 2024 / By

Indian Penal Code, 1860 ; Section 364A – In order to make out an offence under Section 364 A, three conditions must be met: A) There should be a kidnapping or abduction of a person or a person is to be kept in detention after such kidnapping or abduction; B) There is a threat to …

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Ajeet Singh vs State of Uttar Pradesh 2024 INSC 5 – S 375 IPC – S 482 CrPC – Rape By Giving False Promise To Marry

February 4, 2024 / By

Code of Criminal Procedure, 1973 ; Section 482 – Indian Penal Code, 1860 ; Section 375 – The allegation in the FIR is that the appellant maintained a physical relationship with the victim by giving her a false promise of marriage – The relationship between the appellant and the victim was a consensual relationship which …

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Maheshwari Yadav vs State of Bihar 2023 INSC 1068 – S 34 IPC – Eyewitnesses

December 14, 2023 / By

Indian Penal Code, 1860; Section 34,302 -Section 34 essentially introduces vicarious liability.  In a given case, where the offence is punishable under Section 302 of IPC, when the common intention is proved, but no overt act of assaulting the deceased is attributed to the accused who have been implicated based on Section 34, vicarious liability …

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Retrospective invalidation of consent to sex – a flawed position? [Column]

April 20, 2023 / By

While there is no doubt that the offence of rape has to be viewed very seriously and no offender must be spared, it is equally important to ensure that no consensual sex is misconstrued as rape except on grounds explicitly mentioned in the provisions themselves. However, the settled position of the law does not exactly …

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Section 482 CrPC – Quashing Of Criminal Proceedings/FIR [Section 354D IPC]

January 22, 2023 / By

Singaraju Somasekhar vs State Of Telangana [Telangana HC] : In order to attract Section 354D IPC, the contacting and attempt to contact shall be in respect of outraging the modesty of the woman. The intention here is to continue the relation with the de-facto complainant in spite of clear indication of her disinterest. Here both …

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S 198 CrPC – Is ‘Second Wife’ An Aggreived Person For A Complaint Alleging Offence Under S 495 IPC

January 4, 2023 / By

Chapter XX of the Indian Penal Code includes Sections 494 and 495 IPC Section 494 IPC reads thus: “Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of …

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