Right to Notice – Mandatory Nature – Appellant challenges the grant of bail to the first respondent on the grounds that mandatory notice under sub-sections (3) and (5) of Section 15A of the SC/ST Act was not issued – Supreme Court emphasizes the mandatory nature of these provisions, ensuring victims' right to notice and to be heard – The failure to issue notice invalida...
Conviction under Section 397 IPC – Requirement of Use of Deadly Weapon – Appellants challenge their convictions for not personally using deadly weapons during the commission of the robbery – Supreme Court upholds the need for the individual offender to have used the deadly weapon to be convicted under Section 397 IPC – Convictions under Section 397 IPC set aside, appellants...
Bail under UAPA – Mens Rea Requirement – Appellant challenges the denial of bail, arguing that mere association with a terrorist organization is insufficient for offenses under Sections 38 and 39 of UAPA without proving intent to further terrorist activities – Supreme Court agrees, emphasizing that the accused must have associated with the organization with the intention to furth...
Criminal Procedure Code, 1973 – Sections 227, 239 – Discharge of accused – Scope – At the stage of hearing on the charges, entire evidence produced by the prosecution is to be believed – Accused can be discharged only if no offence is made out – Truthfulness, sufficiency, and acceptability of the material produced can be evaluated only at the stage of trial &nda...
Cheque Issued as Security – Legal Enforceability – Appellant challenges the High Court's discharge of the respondent under Section 420 IPC while maintaining the complaint under Section 138 of the NI Act – Supreme Court emphasizes that a cheque issued as security can still be presented for payment if the debt becomes due and is not repaid by other means – Court distingui...
Criminal Appeal – Acquittal in Sessions Trials – Appeal against the judgment and order of acquittal – Allegations of political influence, witness tampering, and abduction – Detailed examination of events leading to the trial and subsequent proceedings – Grave concerns regarding fair trial and witness protection raised – Consideration of statements by key witness...
Criminal Appeal – Conviction under Sections 302 and 201 of the IPC – Appellant convicted and sentenced to life imprisonment – Impugned judgment of the High Court challenged – Prosecution based on extra-judicial confession, recovery of dead body, and weapon – Appeal allowed, and appellant acquitted due to lack of legal evidence and reasonable doubt on the prosecution&#...
Criminal Procedure Code, 1973 - Anticipatory Bail - Interim Protection - Contradictory Orders - Self-contradictory order passed by the learned Single Judge of the High Court - Grant of anticipatory bail rejected while simultaneously providing interim protection to the respondents for two months - Appeal against such order - Held, the High Court erred in granting interim protection after denying an...
Privacy – Right to Privacy – Allegations of unauthorized surveillance using Pegasus spyware – Supreme Court addresses concerns over privacy infringement and the potential chilling effect on freedom of speech and press – Emphasis on reasonable expectation of privacy and the necessity for restrictions to pass constitutional scrutiny [Paras 27-36].
Surveillance and National...
Criminal Appeal against conviction and sentence - Appellant acquitted of offense under Section 366 IPC - Conviction under Section 6 of the POCSO Act affirmed but sentence reduced - Appeal filed challenging the conviction and sentence. Kidnapping and sexual offenses alleged - Victim's statement contradicts prosecution's case - Victim's statement under Section 164 Cr. PC states that she ...