Criminal Law - Prisoner Transfer – Administrative Discretion – Section 29 of the Prisoners Act, 1900 – Validity of Transfer – Rule 770(B) of the State Jail Manual – The Inspector General of Prisons transferred the respondent, a life convict and a known gangster, to another jail citing administrative grounds, including the threat of gang wars and insufficient vigilance resources – Held: The transfer was lawful and justified under Section 29 of the Prisoners Act, 1900, as well as Rule 770(B) of the State Jail Manual – The decision was based on rational grounds to ensure prison safety and prevent gang violence – High Court’s reliance on precedents involving undertrial prisoners was misplaced [Paras 8–13, 16].

Prison Administration – Gang Violence – Security Measures in Prisons – Role of Jail Authorities – The jail authorities identified credible threats posed by the respondent and another notorious inmate, prompting the request for transfer – Held: Transfer of prisoners, particularly those with criminal antecedents or risks of gang influence, is a matter of prison security and administrative discretion – Such decisions must be respected unless they are arbitrary or violate specific provisions of law [Paras 9, 11, 16].

Fundamental Rights of Prisoners – Right to Safety – Article 21 of the Constitution – The fundamental rights of a prisoner, including the right to safety, are not absolute and must align with prison security requirements – Held: The transfer was a preventive measure aimed at safeguarding both the respondent’s life and the security of the prison environment – Such actions are permissible and consistent with Article 21 [Paras 15–16].

Judicial Oversight of Prison Administration – Limited Scope of Interference – The court reiterated that the place of detention is an administrative decision within the purview of prison authorities and should not be interfered with unless arbitrary, mala fide, or contrary to law – Held: The High Court erred in quashing the transfer order, which was backed by concrete security concerns and issued within the statutory framework [Paras 15, 16].

Prison Reform – Implementation of Model Prison Manual, 2016 – Role of States – Emphasized the need for states to adopt and implement the 2016 Model Prison Manual to standardize prison administration and ensure prisoner welfare – Directed the State of Jharkhand to formulate a State Jail Manual in line with the Model Prison Manual, 2016, and ensure its compliance [Paras 17–17.3].

Decision: The High Court’s order dated 21/08/2023 is set aside. The Inspector General of Prisons’ order/memo dated 17/05/2023 transferring the respondent is restored. Directions issued to the State of Jharkhand to expedite the formulation and implementation of a Jail Manual based on the 2016 Model Prison Manual. Appeal allowed [Paras 18–19].

Criminal Law – Quashing - Abetment of Suicide – Framing of Charges – Discharge of Accused - Mens Rea and Instigation Required – For an offence under Section 306 IPC, there must be evidence of direct or indirect acts of instigation, conspiracy, or intentional aiding by the accused to commit suicide – Held: Mere heated exchanges or demands for loan repayment do not constitute instigation or abetment in law. (Paras 12–17, 19)

Suicide Note and Transcripts – Threshold for Abetment Not Met – The deceased left a suicide note and audio recordings accusing the appellant of harassment related to a loan dispute. The court held that the appellant's conduct, even if heated, did not create circumstances that left the deceased with no option but to commit suicide. (Paras 5, 6, 19)

High Threshold for Section 306 IPC – The court reiterated the consistent jurisprudence requiring clear intent, proximate causation, and active participation to establish abetment of suicide – Held: The FIR and chargesheet failed to meet the legal threshold for framing charges under Section 306 IPC. (Paras 13–19)

Delay in Filing FIR – The FIR was lodged nearly 2 months and 20 days after the suicide, casting doubt on the veracity and credibility of the allegations. (Para 19)

Framing of Charges – Role of Trial Courts and Investigating Agencies – The court emphasized the need for caution and sensitivity by police and trial courts when dealing with cases under Section 306 IPC, to prevent abuse of process and baseless prosecutions. (Paras 20–21)

Discharge from Proceedings – Absence of Mens Rea and Proximate Cause – Held: The appellant was discharged as the case against him was found groundless for framing charges under Section 306 IPC. The trial court and High Court orders were quashed. (Paras 19, 21)

Decision:

Appeal Allowed:

i) The appellant is discharged from Sessions Case No. 19 of 2023 pending before the First Additional Sessions Judge, Khargone District, Mandleshwar.

ii) The High Court judgment dated 25.07.2023 in Criminal Revision No. 1142 of 2023 is set aside.

iii) Proceedings against the appellant under Section 306 IPC are quashed.

Criminal Law - Abetment of Rape – Essential Ingredients Not Satisfied – Conviction Set Aside – The appellant was convicted under Section 114 read with Section 376 IPC on the allegation that she harbored the prime accused (her husband) and the victim (a minor) in her house and prevented the victim from leaving – Held: For abetment under Section 107 IPC, it must be shown that the accused (i) instigated the crime, (ii) conspired to commit it, or (iii) intentionally aided in its commission – The victim's testimony did not establish that the appellant had any role in facilitating or encouraging the offence of rape – Mere presence in the house is not sufficient to establish abetment – Conviction under Section 114 read with Section 376 IPC quashed [Paras 4-6].

Harboring an Offender – Absence of Knowledge or Intent – Acquittal Ordered – The appellant was convicted under Section 212 IPC on the ground that she allowed the accused and victim to stay in her house – Held: To establish guilt under Section 212 IPC, it must be proven that the accused (i) had knowledge of the offence committed, and (ii) concealed or harbored the offender with the intention of screening them from punishment – The victim's testimony contradicted her own statement during cross-examination, where she admitted that she had not informed the appellant about being lured – Since there was no independent evidence proving the appellant's knowledge of the crime, her conviction under Section 212 IPC was unsustainable – Conviction under Section 212 IPC set aside [Paras 7-10].

Omission of Key Testimony in Initial Statements – Benefit of Doubt Given – The victim claimed in her examination-in-chief that she informed the appellant that she had been lured by the prime accused – However, in cross-examination, she admitted that she had not mentioned this to the police in her initial statement – Held: This was a material omission, amounting to a contradiction, making her claim an afterthought – Material contradictions weaken the prosecution’s case, entitling the accused to acquittal [Paras 11-12].

Acquittal Ordered – Bail Bonds Cancelled – Since the prosecution failed to prove that the appellant had instigated, conspired, or aided the crime, her conviction was quashed – The appellant was acquitted of all charges, and her bail bonds were cancelled – The Court clarified that the decision was limited to the appellant and did not affect the convictions of the co-accused [Paras 13-14].

Decision: Appeal Allowed – Conviction Set Aside – Appellant Acquitted.

Criminal Law - Magistrate’s Power – Scope of Section 156(3) of Cr.P.C. & 175 BNSS – Duty to Apply Judicial Mind – The Magistrate passed an order under Section 156(3) of Cr.P.C. directing police to register an FIR and investigate without properly analyzing whether the complaint disclosed cognizable offences – Held: A Magistrate is required to apply his mind to determine if the allegations disclose a prima facie case before ordering police investigation under Section 156(3) – A mechanical order for police investigation is unsustainable in law and must be set aside [Paras 12-13, 21].

Offence Under Section 294 IPC – Mere Abusive Language Not Sufficient – The Magistrate accepted the complainant’s contention without verifying whether the allegations met the ingredients of Section 294 IPC – Held: Mere abusive, humiliating, or defamatory words do not constitute an offence under Section 294 IPC; the words must have a lascivious element arousing sexual thoughts or feelings – No case made out under Section 294 IPC [Paras 14-16].

Offences Under Sections 504 & 506 IPC – Essential Ingredients Not Met – Allegations did not establish an intentional insult likely to provoke breach of peace (Section 504) or a threat causing alarm (Section 506) – Held: Mere use of abusive language without proof of intent to provoke or cause alarm does not attract Sections 504 or 506 IPC – No case made out for prosecution under these sections [Paras 17-19].

Offence of Defamation Under Section 500 IPC – Role of Magistrate – Defamation is a non-cognizable offence – Held: Magistrate erred in directing police to investigate under Section 156(3) for a non-cognizable offence without following due legal procedure [Para 20].

Judicial Scrutiny – Magistrate Not a Mere Post Office – Orders Under Section 156(3) Must Be Reasoned – The Magistrate must determine the necessity of police investigation before directing it – Held: Orders under Section 156(3) Cr.P.C. should not be passed mechanically; judicial scrutiny is mandatory to prevent abuse of process [Paras 23-25].

Impact of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Changes to Section 156(3) Equivalent Provision – The newly enacted Section 175 BNSS introduces safeguards requiring an affidavit, a mandatory application to the Superintendent of Police, an inquiry by the Magistrate, and consideration of police submissions before ordering an investigation – Held: These changes codify judicial safeguards developed through precedent to prevent frivolous complaints [Paras 28-35].

Decision – Appeal Allowed – The order of the High Court affirming police investigation under Section 156(3) of Cr.P.C. is set aside – Held: No prima facie case made out against the appellant – Investigation quashed as an abuse of process [Paras 36-37].

Criminal Law – Kidnapping and Abduction – Ingredients of Offence – Sections 363 and 366-A IPC – Held: Evidence adduced failed to establish kidnapping or abduction with intent for illicit intercourse – The prosecutrix testified that she accompanied the appellant voluntarily – Delay in filing FIR and absence of corroborating testimony of material witnesses undermined prosecution's case – Conviction quashed [Paras 6-10, 12].

Evidence – Medical Examination and Age Determination – Age Range of 16-18 Years – Held: Prosecution could not conclusively establish that the prosecutrix was a minor at the time of the alleged offence – Doctor’s opinion placed her age between 16-18 years, allowing possibility of her being 18 – Benefit of doubt extended to the appellant [Paras 7, 10].

Trial and Procedural Lapses – Failure to Examine Key Witness – Sarita, Sister of the Prosecutrix – Held: Prosecution’s decision not to present an essential eyewitness weakened the case – Procedural lapses highlighted as detrimental to a fair trial [Paras 6, 10].

Judicial Principles – Gender Sensitivity in Sexual Offences – Supreme Court Guidelines – Held: Court underscored the importance of avoiding stereotypes in evaluating victim testimony – However, in this case, prosecutrix’s clear assertion of voluntariness negated charges of forcible abduction or illicit intent [Paras 8-9].

Decision: Appeal allowed – Conviction under Sections 363 and 366-A IPC quashed – Appellant discharged from bail bond.

Constitutional Law – Right to Dignity and Hygiene – Article 21 of the Constitution – Right to life includes the right to a hygienic environment, ensuring access to clean and safe toilet facilities – PIL filed to mandate the construction and maintenance of separate toilets for men, women, transgender persons, and persons with disabilities in all courts and tribunals – Held: Providing clean and hygienic toilets is a constitutional obligation under Articles 21, 47, and 48A – Directions issued to all High Courts and States/UTs to ensure compliance [Paras 1-9, 24-25].

Judicial Infrastructure – Construction and Maintenance of Toilets in Courts – PIL exposed deplorable conditions of existing toilet facilities in court premises, particularly at the District Court level – Lack of separate toilets for genders, poor maintenance, and inadequate accessibility for persons with disabilities highlighted – Held: High Courts and State Governments directed to construct and maintain toilets with appropriate facilities for all stakeholders, ensuring transparency in fund allocation and regular monitoring [Paras 7-9, 24-25].

Rights of Transgender Persons – Separate Toilets and Accessibility – Transgender Persons (Protection of Rights) Act, 2019 and Rules, 2020 – Held: Provision of separate toilets for transgender persons is integral to protecting their dignity and addressing discrimination – High Courts directed to ensure adequate facilities, including gender-neutral toilets, with clear signage [Paras 8, 25].

Global Practices – Public Sanitation Standards – Comparison with international benchmarks such as Singapore’s Happy Toilet Programme, UK’s British Toilet Association, and Japan’s Universal Toilet Initiatives – Held: India must adopt global best practices to ensure public health and hygiene in judicial premises, incorporating eco-friendly and inclusive designs [Paras 8.18-8.23].

Cited Precedents – Judicial Recognition of Hygienic Sanitation as a Fundamental Right – Vincent Panikurlangara v. Union of India, AIR 1987 SC 990 – National Legal Services Authority v. Union of India, (2014) 5 SCC 438 – Common Cause v. Union of India, (2018) 5 SCC 1 – Bombay High Court in Milun Suryajani v. Pune Municipal Commissioner, 2015 SCC OnLine Bom 6256 – Additional references to global and national obligations for ensuring hygiene standards [Paras 8.12-8.16, 79-85].

Decision – Writ Petition Allowed – Directions issued to High Courts, States, and UTs to construct and maintain separate, functional, and hygienic toilet facilities in all court premises within four months – Committees to be formed in High Courts to oversee implementation – Status report to be filed after four months [Paras 9-9.2.1].

Civil Procedure – Bar under Order II Rule 2 CPC – Maintainability of Second Suit – Plaintiff filed a second suit for specific performance after a prior suit for permanent injunction – Issue regarding whether both suits were based on the same cause of action – Held: The second suit was not barred under Order II Rule 2 as the cause of action in the second suit arose from subsequent events and was distinct from the first suit’s cause of action – High Court rightly restored the plaint in the second suit – Appeal dismissed [Paras 34-51, 75-92].

Order II Rule 2 CPC – Principles of Cause of Action – Held: To invoke Order II Rule 2, the causes of action in both suits must be identical in substance, not merely overlapping – Reliefs in the second suit could not have been claimed in the first suit due to the impossibility of obtaining such relief at that time – Decisions of Rajasthan High Court in Ramjilal v. Board of Revenue, Rajasthan, and Allahabad High Court in National Security Assurance Co. Ltd. v. S.N. Jaggi, affirmed this principle [Paras 75-77, 86-87].

Order VII Rule 11(d) CPC – Rejection of Plaint – Plaintiff's omission to seek relief in the first suit – Held: A plaint cannot be rejected under Order VII Rule 11(d) unless it is evident from the plaints of both suits that the omitted relief was based on the same cause of action – High Court’s restoration of the plaint in the second suit upheld [Paras 41, 44, 89].

Constitutional Right to Property – Article 300-A – Sale Agreement and Public Interest Litigation – Plaintiff’s agreement to sell was hindered by a government order prohibiting land transfers to third parties other than the appellant – The High Court’s subsequent quashing of the order provided a new cause of action for the plaintiff to pursue specific performance – Held: Constitutional rights under Article 300-A protected [Paras 43, 79-81, 85].

Cited Precedents – Applicability of Order II Rule 2 – Mohammad Khalil Khan v. Mahbub Ali Mian, AIR 1949 PC 78 – Gurbux Singh v. Bhooralal, AIR 1964 SC 1810 – Virgo Industries (Eng.) Private Limited v. Venturetech Solutions Private Limited, (2013) 1 SCC 625 – Held: Causes of action must be materially distinct, and subsequent events can create new rights that justify a second suit [Paras 36-39, 86, 90].

Decision – Civil Appeals Nos. 372-373 of 2025 – Appeals dismissed – High Court’s order restoring the plaint in the second suit affirmed – Plaintiff entitled to pursue the second suit for specific performance and related reliefs – Trial Court to decide on merits within six months [Paras 87-92].

Service Law – Promotion to District Judge – Merit-cum-Seniority – Suitability Test – Jharkhand Superior Judicial Service Rules – Appellants challenged the denial of promotion despite qualifying the suitability test, asserting that promotions based on a comparative merit list contradicted the governing rules – Supreme Court held: Promotions under the 65% quota must be based on suitability and not comparative merit – High Court’s decision quashed, and appellants entitled to promotion from the same date as their juniors promoted under the 30/05/2019 notification [Paras 1-6].

Suitability Test – Interpretation of Rules 4 and 5 of Jharkhand Superior Judicial Services Rules – Held: Rules prescribe that candidates securing a minimum of 40 marks are eligible for promotion – Comparative assessment is contrary to the merit-cum-seniority principle for the 65% promotional quota – Relying on Ravikumar Dhansukhlal Maheta (2024 SCC Online SC 972), suitability should be judged individually and not by a merit list – Supreme Court affirmed appellants’ eligibility and ordered notional promotion with consequential benefits [Paras 4-6].

Promotion and Seniority – Retrospective Notional Promotion – Supreme Court directed the appellants’ promotion to be effective from the date their juniors were promoted under the disputed notification – Held: Appellants entitled to seniority, increments, and notional pay fixation but not back wages [Para 6].

Cited Precedents – Ravikumar Dhansukhlal Maheta v. High Court of Gujarat (2024 SCC Online SC 972) – Held: Promotions under the 65% quota are based on suitability and not comparative merit – Comparative merit assessment invalidates the distinction between the 65% and 10% promotional quotas – Case relied upon by the Court to grant relief to the appellants [Para 4].

Decision – Civil Appeal No. 299 of 2025 – Appeal allowed – High Court of Jharkhand’s order set aside – Appellants granted notional promotion from the date of their juniors’ promotion with consequential service benefits excluding back wages [Paras 5-6].

Service Law - Interpretation of Recruitment Rules and Post-Qualification Experience - G.O. dated 07th April, 2008 - Absence of Post-Qualification Stipulation for Teaching Cadre - Whether Post-Qualification Experience Is Implied - Held: No - Executive order G.O. dated 07th April, 2008, governing Medical Education Service recruitment, does not stipulate post-qualification experience for Branch II Teaching Cadre positions, unlike Branch I Administrative Cadre - High Court erred in applying Rule 10(ab) of KS and SSR when G.O. explicitly superseded earlier rules - Supreme Court reinstated Tribunal's dismissal of the original application challenging promotion to Associate Professor [Paras 12, 20-22, 29].

Golden Rule of Interpretation and Expressio Unius Principle - Experience Criteria in Recruitment Rules - Legislative Intent - Where rules explicitly differentiate qualifications for Administrative and Teaching Cadres, courts must uphold this distinction to respect legislative intent - The omission of post-qualification experience for Teaching Cadre in G.O. 07th April, 2008, is deliberate - The maxim "expressio unius est exclusio alterius" applied to reject the inference of implied post-qualification experience for promotions under Branch II [Paras 20, 22, 26].

Rule 10(ab) of KS and SSR - General Rule Versus Special Rules - Application of Recruitment Rules to Medical Education Service - Specific Government Order Supersedes General Rules - KS and SSR Rule 10(ab) does not override G.O. dated 07th April, 2008, which is a special rule for the Medical Education Service - The Tribunal's reliance on this distinction upheld - High Court's contrary interpretation overturned [Paras 20-22].

Precedential Value of Silpi Industries and Mahakali Foods Cases - Distinguishing Factors - Court Clarifies Applicability - Cited precedents requiring post-qualification experience are inapplicable when rules governing specific services do not stipulate such requirements - Differentiation between general and special rule frameworks emphasized [Paras 24-26].

Decision - Appeals Allowed - High Court's Orders Set Aside - Tribunal’s Dismissal of Applications Restored - No Costs Awarded - The Court ruled in favor of Dr. Sharmad and Dr. Sheela T.A., reinstating their promotions and dismissing rival claims due to misinterpretation of applicable rules [Paras 29-39].