Offence of stalking under Section 354-D IPC – Ingredients required to establish the offence – Intent to foster personal interaction despite clear disinterest – Legislative intention and concerns of misuse (Paragraphs 6, 10, 12, and 19).
Offence under Section 509 IPC – Requirement of prima facie establishment of intention to insult the modesty of a woman –...
Criminal Law – Conviction based on suspicion – An accused cannot be convicted on the basis of suspicion, no matter how strong – The prosecution must prove the guilt beyond a reasonable doubt – Conviction and sentence set aside due to lack of conclusive evidence and inconsistencies in the prosecution's case [Paras 1-21].
Extra-Judicial Confession – Cau...
Constitution of India – Article 226 – Criminal Procedure Code, 1973 – Section 482 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Quashing of FIR – Abuse of process of law – Misuse of provisions of the Act – Examination of scope and ambit of inherent powers of the High Court.
Scheduled Castes and Scheduled ...
Quashing of FIR – Section 482 CrPC – Appeal against High Court's dismissal of petition to quash FIR – FIR registered based on private complaint alleging offenses under IPC including cheating and breach of trust – Supreme Court finds no ingredients of alleged offenses made out in the complaint – FIR and charge-sheet quashed [Paras 1-19].
Commercial Dis...
Criminal Law – Murder Conviction – Benefit of Doubt – Appellants convicted under Section 302 read with 149 IPC – Prosecution evidence found with vital discrepancies and inconsistencies – Independent witnesses not examined – Recoveries of weapons used in the crime not corroborated – Appellants granted benefit of doubt – Appeals allowed, convictions se...
Contempt of Court – Summary Proceedings – Denial of Trial – Appeal against CAT’s conviction for contempt under Section 14 of the Contempt of Courts Act, 1971 – Appellant denied charges and sought trial – CAT proceeded without trial, relying on behavior observed in court – Supreme Court finds denial of trial improper under Section 14 and Rule 15 of the CAT ...
Criminal Law – Murder – Life Imprisonment – Appeal against High Court’s reversal of acquittal under Section 302 IPC – Prosecution charged 22 accused with forming an unlawful assembly and committing murder – High Court acquitted 20 accused but convicted appellants (A1 and A2) under Section 302 – Supreme Court finds inconsistencies in prosecution's evide...
Criminal Procedure – Summoning Witnesses – Section 311 CrPC – Appeal against High Court’s rejection of application to summon cellular nodal officers – Power under Section 311 CrPC to summon, examine, recall, or re-examine any material witness at any stage – Closing of prosecution evidence not an absolute bar – Essentiality of evidence for just decision of ...
Criminal Law – Initiation of Criminal Action – The Supreme Court emphasized the need for circumspection in initiating criminal proceedings in commercial transactions, highlighting the potential adverse economic consequences of frivolous actions against large corporations – The Court noted the importance of regulators acting as gatekeepers to prevent unwarranted prosecutions [Para...
Criminal Law – Copyright Infringement – Vicarious Liability – Court dealt with the issue of vicarious liability under the Copyright Act, 1957. The petition sought the quashing of proceedings against the petitioner, accused of copyright infringement in his capacity as AGM of a company. The Court examined the applicability of vicarious liability and the role of the company in the a...