IPC
IPC S. 306 – There has to be a clear mens rea to commit the offence.
The court opined that there should be intention to provoke, incite or encourage the doing of an act by the...
Read more[SC] IPC S. 302 – Acquittal – Possible views – Both versions as taken by the trial court and by the High Court appear to be the possible views – Circumstantial evidence – View taken by the High Court in extending the benefit of doubt to the accused persons appears to be the most plausible view . [2023 SCeJ 575]
ACQUITTAL -SECTION 302 OF IPC 1. Role and Credibility of the Sole Eyewitness (Complainant/Father): - The complainant, who is the...
Read moreIPC S. 34 – Common Intention – Can be formed even in the course of the incident – Would come into play where participation of the accused in a crime is proved and the common intention is also established. [PLRonline 482604]
Common intention is a psychological fact and it can be formed a minute before the actual happening of the incidence...
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IPC, Section 120B – Criminal conspiracy – Ingredients to constitute a criminal conspiracy
State through Superintendent of Police v. Nalini & Ors. (1999) 5 SCC 253 (3-Judge Bench). They are as follows: i....
Read moreIPC S. 302 – 302 – Murder Case – Police officer – Sole witness – Role of a police officer as a witness is nuanced and dependent on various factors, including the specifics of each case and the overall trustworthiness of the testimony – Hostile witness – Not always necessary that wherever the witness turned hostile, the prosecution case must fail – Acquittal – CrPC S. 378 -Perversity. [PLRonline 423501]
2012 SupremeCourtOnline 0112 SUPREME COURT OF INDIA Before:- A.K. Patnaik and Swatanter Kumar, JJ. Govindaraju @ Govinda v....
Read moreEvidence Act S. 32 – IPC S. 302 – Dying Declaration – Of the victim, who had 100% burn injuries, held valid and reliable – A dying declaration is admissible in evidence on the principle of necessity and can form the basis of conviction if it is found to be reliable – CrpC S. 378 – Appeal against order of acquittal – High Court, as an appellate court, can reevaluate evidence independently. [PLRonline # 310901]
2016 SupremeCourtOnline 0109 . . SUPREME COURT OF INDIA Before:- Justice A.K. Sikri and Justice Amitava Roy....
Read moreIPC S. 498A – Cruelty – Non-providing of proper medical aid is cruelty. [ 2023 PLRonline 419673]
(2023-3)211 PLR 308 , 2023 PLRonline 419673 JHARKHAND HIGH COURT AT RANCHI Before: Justice Ambuj Nath. RAM KRIPAL SINGH -...
Read moreIPC S. 399, 402 – Dacoity – Accused of planning and gathering for a robbery, granted bail due to the similarity in circumstances with co-accused – Found with a weapon and Rs. 30,000/- Involvement in two other cases – Taking into account previous detention time and equal treatment under the law with co-accused parties, bail granted. [2023 PLRonline 0113]
Surinder Singh @ Soni v. State of Punjab, 2023 PLRonline 0113 (P&H) PUNJAB AND HARYANA HIGH COURT Before: Pankaj Jain,...
Read moreIPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]
PANCHRAM v. THE STATE OF CHHATTISGARH , 2023 PLRonline 0100 IPC, S. 326, 307, 341, 506 – Grievous hurt -...
Read moreIPC S. 149 – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]
Surendra Singh v. State of Rajasthan & Anr., 2023 PLRonline 0009 LogIn to read Full text (click on the menu)...
Read moreCrPC, S. 313(1)(b) – Any failure to consider the accused’s explanation of incriminating circumstances, in a given case, may vitiate the trial and/or endanger the conviction. (2023-1)209 PLR 430, 2023 SCeJ 0037
2023 SCeJ 0037, (2023-1)209 PLR 430, 2023 PLRonline 441654 SUPREME COURT OF INDIA Ravindra Bhat,J. Dipankar Datta, J. S. Premchand...
Read moreCrPC S. 482 – Revisable order – Does not bar or prohibit jurisdiction of High Court under S. 482 when there is apparent illegality – If the initial action is not in consonance with law, all subsequent & consequential proceedings would fall
2022 PLRonline 0496 Punjab and Haryana High Court Before Vinod S. Bhardwaj, J. ASLOOP KHAN v. STATE OF HARYANA AND...
Read moreIPC, S. 323,324/34 – Concurrent findings of innocence, court will not interfere – Delay of 30 hours in FIR – No TIP – Acquitted.
Revisional jurisdiction - Concurrent findings of innocence of an accused could only be interfered with if there were grave factual...
Read moreIPC S. 188 – Where an “offence” is committed under S. 188 of the IPC, it would be mandatory on the part of the public servant concerned to file a complaint in writing before the jurisdictional Magistrate
Section 195 Cr.PC. opens up with the word “No Court” and thus, imposes an express bar for any Court to...
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IPC, S.498-A – Compromise – Armyman – High Court should have accepted the settlement and quashed all proceedings with annulment of the orders. [SC]
IPC S. 498-A – Settlement between the parties, maintaining of conviction of the appellant of the offence under Section 498-A...
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