Contempt of Court – Imprisonment Term – Applicant (contemnor) in continuous custody from February 3, 2020, seeks clarification on the commencement date of the six-month imprisonment term imposed by the Supreme Court’s order dated September 22, 2022 – Applicant contends term should start from February 3, 2020 – Supreme Court rejects contention, holding that custody in ...
Criminal Appeal – Conviction under NDPS Act – Non-compliance with legal provisions and guidelines – Doubts about the place of recovery – Non-examination of independent seizure witnesses – Prejudice caused to the appellant’s defense.
Section 42(2) of NDPS Act – Compliance – Obligation to report information received and send a copy to supe...
Examination of accused under Section 313 of the Criminal Procedure Code - Importance of putting material circumstances to the accused - Failure to put incriminating evidence to the accused constitutes a serious irregularity - Prejudice caused to the accused - Curability of the defect depends on various factors, including the passage of time since the incident - Unjust to remand the case after a si...
Defamation – Criminal Law – Appeal against summoning order and complaint quashing – A news article titled "Mission Misconduct" published in INDIA TODAY magazine led to defamation complaints – The article reported allegations of sexual misconduct, corruption, and sale of passports by Indian officials – The complainant, a senior officer, sought action against ...
Criminal Law – Negotiable Instruments Act – Liability of Directors – High Court quashed proceedings against the director of a company under Section 138 NI Act due to the company not being made an accused and lack of averments in the complaint stating the director was responsible for the conduct of the business – Supreme Court affirmed, emphasizing the necessity of company b...
Criminal Law – Money Laundering – Appeal against quashing of proceedings under the PMLA – Respondent alleged to have handed over Rs.50,00,000 as bribe to a public servant – High Court quashed proceedings under PMLA on the ground that money assumed the character of proceeds of crime only upon receipt by the public servant – Supreme Court held that the intent to hand ov...
Criminal Law – Rape and Murder Conviction – Appellant challenges the acquittal of the respondent for the rape and murder of the victim – The trial court had convicted the respondent, but the High Court acquitted him – Supreme Court restores the conviction and sentence, emphasizing the probative value of the dying declaration and the irrelevance of the victim’s sexual ...
Criminal Procedure - Bail - Regular Bail - Grant of regular bail under Section 439 Cr.P.C. - Petitioner involved in FIR No.914 dated 22.11.2022, registered under Sections 148, 149, 323, 324, 506 IPC (Sections 307, 325, and 326 IPC added later) - Petitioner in custody for over 6 months - Allegations against petitioner emerged in supplementary statement of complainant after 3½ months - Co-acc...
Criminal Law – Anticipatory Bail – Appeal against the High Court’s order granting anticipatory bail to the respondent accused of sexually assaulting his 12-year-old niece – Supreme Court held that the High Court erred in granting anticipatory bail given the seriousness of the allegations and the statutory presumptions under Section 29 of the POCSO Act – Observations m...
Criminal Law – Abetment of Suicide – Disciplinary Action – The appellants, comprising college authorities, were charged under Section 306 IPC following the suicide of a student after disciplinary actions were taken against him for alleged misconduct – Supreme Court examined whether the actions of the appellants constituted abetment of suicide – It was held that there ...