Jurisdiction and Justiciability – Quashing of FIR and Chargesheet by High Court – Challenge against High Court order for quashing FIR and chargesheet related to creation of fake documents by a public servant – Supreme Court considering the necessity of sanction under Section 197 Cr.PC for prosecution. [Para 2, 8]
Criminal Conspiracy and Fabrication of Documents – Allegat...
Criminal Law – Voluntarily Causing Hurt by Dangerous Weapons – Appellants were convicted under Section 324 IPC and Section 27 of the Arms Act for causing injuries using firearms. High Court modified the conviction from Section 307 IPC to Section 324 IPC, affirming the use of firearms. Conviction under Section 27 Arms Act was confirmed. Arguments concerning lack of evidence for firearm ...
Criminal Law – Cancellation of Bail – The appeals arise from the High Court's orders granting bail to the accused-respondents, who are charged with multiple offenses including murder under Sections 143, 147, 148, 341, 307, 302, and 395 IPC. The Supreme Court scrutinized whether the High Court considered relevant material, the gravity of the offense, and societal impact before grant...
Criminal Law – Trial Court Procedures and Judicial Conduct – Examination of procedural violations in trial court proceedings leading to death sentence under Section 376AB IPC and Section 4 of POCSO Act, 2012 – Accused's rights to fair trial compromised due to expedited process without adequate representation and consultation – High Court set aside conviction and sentenc...
Criminal Law – Murder – Delay in FIR and Statement Recording – The importance of promptly sending FIR to the Magistrate and recording witness statements to prevent the introduction of fabricated evidence. Delays must be explained to avoid doubts about the investigation's integrity. The Court emphasized that unexplained delays could be detrimental but must be evaluated on a ca...
Criminal Law – Remission of Sentence – Judicial Review – The Court has the power to review the government's decision regarding the acceptance or rejection of an application for remission under Section 432 of the CrPC to determine whether the decision is arbitrary in nature. While the government has discretion to suspend or remit sentences, it cannot exercise this power arbitr...
Criminal Law – SC/ST Act – Appeal against the order directing registration of FIR and prosecution of public servant – Complaint by Respondent No. 2 alleging caste-based insults at an equestrian training academy – High Court directed registration of FIR and prosecution of the SHO for not acting on the complaint – Supreme Court quashed the FIR and set aside the prosecut...
Criminal Law - Compliance with Procedural Requirements - Appeal against High Court's decision confirming partial cognizance by Special Judge, NIA - High Court found that the complaint was in accordance with Section 4(1)(e) of CrPC, 1989 and that Section 196-B did not mandate a preliminary investigation - Held that Special Judge, NIA erred in concluding non-compliance with Section 196-A of CrPC...
Criminal Law – Dowry Death – Presumption under Section 113B – The presumption under Section 304B IPC, read with Section 113B of the Indian Evidence Act, comes into play once it is shown that the woman was subjected to cruelty or harassment for dowry soon before her death. This presumption can be rebutted by the accused by demonstrating that the ingredients of Section 304B IPC hav...
Criminal Law – Regular Bail under Section 439 Cr.P.C. – Appeal against High Court’s orders granting bail to accused in a double murder case – High Court’s orders set aside due to failure to consider the gravity of the offense, the role attributed to the accused, and the potential for witness tampering – Accused directed to surrender within two weeks [Paras 2, 6-...