Contempt of Court – Advocate's Conduct – The Supreme Court upheld the conviction and sentencing of the appellant under Sections 2(c)(iii) and 12(1) of the Contempt of Courts Act 1971. The Court found that the appellant's behavior was thoroughly contemptuous and involved a clear attempt to obstruct the process of justice. The appellant's actions included preventing the execu...
Investigation – Preliminary Enquiry Report – The Supreme Court held that when the State has not claimed any specific privilege that bars the disclosure of material utilized in the preliminary investigation, the High Court should not have kept the report in a sealed cover. The appellant is entitled to the preliminary enquiry report and associated documents, ensuring a fair trial as ensh...
Criminal Law – Burden of Proof – High Court convicted appellants under Section 304(II) IPC, modifying conviction from Section 302 IPC – Supreme Court upheld High Court's decision – Emphasized Section 106 of the Evidence Act, shifting burden to appellants to explain circumstances leading to death – Chain of events established by prosecution sufficed to uphold convi...
Criminal Law – Bail – High Court granted bail to respondent-accused based on parity – Supreme Court reversed this decision – Emphasized that bail should not be granted mechanically and must consider the nature of the offence, severity of punishment, and prima facie involvement of the accused – Highlighted the need for reasoned orders reflecting judicial discretion and...
Criminal Law – Applicability of MCOCA – The High Court upheld the invocation of MCOCA against the appellant, who was involved in multiple cases of organised crime with the objective of gaining pecuniary and other advantages. The Supreme Court confirmed that the organised crime activities included violence, threats, and other unlawful means, satisfying the requirements under Section 2(1...
Criminal Law – Cognizability of Offence under Copyright Act – High Court held offence under Section 63 of the Copyright Act as non-cognizable, thus quashing criminal proceedings. Supreme Court overturns this, asserting the offence is cognizable and non-bailable. The punishment extends up to three years; thus, it falls under cognizable offences per Part II of the First Schedule of Cr.P....
Criminal Law – Road Rage – Voluntary Causing Hurt – The Supreme Court reviewed the sentencing of Navjot Singh Sidhu, who was convicted under Section 323 IPC for causing voluntary hurt leading to the death of a 65-year-old man in a road rage incident. The Court noted the physical fitness and strength of Sidhu, a former international cricketer, and the age disparity with the victim...
Governor’s Discretion – Non-Exercise of Article 161 – The advice of the State Cabinet is binding on the Governor in matters relating to commutation or remission of sentences under Article 161 of the Constitution – The Governor does not have the authority to refer the recommendation of the State Cabinet to the President of India – Inordinate delay in exercising such po...
Criminal Law – Quashing of FIR – Compromise in Financial Offences – Petitioners seek quashing of FIR based on compromise for offences under IPC and allegations of GST evasion. Held, offences under special statutes or involving financial and economic well-being of the State cannot be quashed on the basis of a compromise. Investigation may reveal offences under the GST Act, making ...
Narcotic Drugs and Psychotropic Substances Act – Regular Bail – Non-Commercial Quantity – Petition for regular bail where the petitioner was implicated based on the disclosure statement of a co-accused and a small quantity of 35 grams of heroin was recovered from him. Held, the petitioner was not named in the initial secret information, and the recovery from him is significantly ...