Criminal Law – Prevention of Corruption Act, 1988 – Assets Disproportionate to Known Sources of Income – The Supreme Court considered the appeals of Puneet Sabharwal and R.C. Sabharwal against the judgment of the Delhi High Court. Both appellants were charged under the Prevention of Corruption Act, 1988, for possessing assets disproportionate to their known sources of income. The...
Criminal Law – Freedom of Speech and Expression – Obscenity and Decency – In an appeal challenging the FIR registered for alleged obscene content in a web-series, the Supreme Court delved into the nuances of Sections 67 and 67A of the IT Act. The Court examined whether the use of profane language in the web-series constituted obscenity or sexually explicit content warranting pros...
Attempt to Murder (Section 307 IPC) – Conviction and Sentence – Appellant convicted for attempted murder under Section 307 of IPC, with rigorous imprisonment of five years and a fine of Rs. 5,000; in default, simple imprisonment for one year. Accused 2 and 3 convicted under Section 114 read with Section 307 of IPC, sentenced to simple imprisonment for five years and a fine of Rs. 2,000...
Criminal Law – Defamation – Freedom of Speech – Court examined the legality of FIR of offences under Sections 153A, 500, 501, 504, 34, and 120B of the Indian Penal Code (IPC) against the appellant, the director of an e-newspaper, for allegedly publishing defamatory content. The bench evaluated the applicability of these provisions in the context of freedom of speech and the thres...
Criminal Appeal – Acquittal in Robbery Case – State challenges the acquittal of accused by the Sessions Court for offences under IPC Sections 392, 109, 413 – Appeal dismissed due to lack of corroborative evidence and discrepancies in witness testimonies. [Para 1, 22-23]
Prosecution's Case – Incident of robbery on 08.02.2012 involving snatching of a Mangalya...
Criminal Appeal – Bail Application – Misrepresentation and Suppression of Material Facts – Appeal against High Court’s rejection of bail – Appellant’s manipulative practices in filing multiple bail applications and concealing information from the court – Supreme Court’s emphasis on integrity in judicial proceedings. [Para 2, 11-12, 15-16, 18-19, 23]
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Distinction Between Civil and Criminal Disputes – Emphasized the need to differentiate between purely civil disputes and criminal offences – Civil disputes should not be converted into criminal cases – Referenced Sarabjit Kaur v. State of Punjab and Another, (2023) 5 SCC 360 and Indian Oil Corporation v. NEPC India Ltd. and Others, (2006) 6 SCC 736. [Para 2, 3]
Crite...
Criminal Law – Confessional Statements – Section 27 of the Evidence Act – Supreme Court criticized the tendency of prosecuting agencies to record entire confessions instead of only the part leading to the discovery of facts – Held that such practice leads to inadmissible confessions influencing judicial minds – Court emphasized strict adherence to the admissible porti...
Criminal Law – Default Bail – Right to Default Bail under Section 167(2) CrPC arises only if the charge-sheet has not been filed before the expiry of the statutory period – Supreme Court held that the filing of the charge-sheet within the stipulated period is sufficient compliance with Section 167(2) CrPC, and taking of cognizance is not material for this purpose – The High...
Supreme Court Acquits Accused in NDPS Act Case – Detailed Analysis of Procedural Non-Compliance – Supreme Court overturns conviction of Smt. Najmunisha and Abdul Hamid Chandmiya in narcotics case under NDPS Act. Elaborates on failures in lawful search and seizure, highlighting non-compliance with mandatory procedural requirements of Sections 41 and 42 of the NDPS Act. Identifies flaws ...