Criminal Law – Section 307 IPC – Grievous Injury but No Intention to Kill – Conviction Modified – Appellants convicted for attempt to murder based on head injuries caused by hard and blunt object – Court found no intent or knowledge to cause death, no incised wounds, no bony fractures – Held: Injuries though grievous and dangerous to life, lacked ingredients for...
Criminal Revision - Domestic Violence – Shared Household – Relief under Section 18,19, 26, 36 of the Domestic Violence Act (DV Act) – 84-year-old mother alleged domestic violence by son and sought his removal from shared household – Magistrate allowed the prayer, but appellate court reversed the order citing pending civil suit and lack of direct evidence – Held: Relie...
Criminal Law - Anticipatory Bail – Conflicting Versions by Minor – FIR Under Section 376 IPC and Section 6 POCSO Act – Petitioner not named in initial FIR, which alleged rape by victim’s father—Later statement changed accusation to petitioner, a neighbourhood barber—Held: Considering conflicting versions of the victim and that petitioner joined investigation, cu...
Criminal Law - Dowry Death – Applicability of Section 304-B IPC – Conviction Upheld – The deceased died an unnatural death within 1 year and 4 months of marriage due to traumatic brain injuries – Consistent testimonies from father and brothers of the deceased established dowry harassment and monetary demands by the accused-husband – Held: Essential ingredients of Sect...
Criminal Law - Murder/Assault – Three Incidents – Culpable Homicide – Evidence Established – The appellants were involved in a series of assaults over a land dispute involving livestock, with the final incident leading to the death of the complainant’s father – Prosecution established three distinct incidents on 16.08.1983 through ocular and medical evidence &nd...
Bail Petition – Violation of Right to be Informed of Grounds of Arrest – Non-Compliance with Article 22(1) – Bail Granted – The petitioner challenged his custody citing violation of constitutional and statutory rights at the time of arrest – The Court found that the grounds of arrest were not communicated in writing as mandated under Article 22(1) and recent Supreme C...
Criminal Procedure – Transfer and Clubbing of FIRs – Multiple FIRs lodged against petitioner across 10 States for offences under IPC and local deposit protection laws – Petitioner initially sought transfer of all FIRs to Panchkula, Haryana – Court noted similar relief was denied in 2020 – Alternative prayer for consolidation within respective States allowed due to non...
Review Petition – Jurisdictional Error – Review Allowed – Petitioners sought review of common order dismissing writ petitions challenging the criminal proceedings under UAPA – This Court noticed that as per Section 21(2) of NIA Act, all such matters ought to be heard by a Division Bench and not by a Single Judge – Held: Since jurisdictional error goes to the root of t...
Bail - Sections 21-C, 25, 27-A, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - NDPS Act - Grounds of Arrest – Non-supply of Written Grounds – Arrest Held Illegal – Despite police contention, petitioner was not served written grounds of arrest as mandated under Article 22 of the Constitution and Section 47 BNSS – Court relied on Pankaj Bansal, Prabir Pu...
Bail Jurisprudence – Right to Liberty – Presumption of Innocence – Reinforced – The Court underscored that liberty is a constitutional right and detention is an exception – Courts must treat “bail as the rule and jail as the exception” – Arbitrary denial of bail due to systemic delays or financial inability to meet bail conditions was found to be vio...