The Supreme Court held that the appellate court cannot enhance the sentence in cases where the appeal is filed by the accused. The appellant trespassed into the house of his neighbour and hugged her. She later committed suicide. The Trial Court convicted the appellant under Sections 354 and 448 of Indian Penal Code, 1860 and […]
Appellate Court Cannot Enhance Sentence Read More »
The Supreme Court held that delivery of property is not necessary to charge a person under Section 387 of the Indian Penal Code, 1860 for “putting a person in fear of death or of grievous hurt, in order to commit extortion.” The Court clarified that Section 387 criminalises a step prior to the actual extortion where property
Threat of life or injury for extortion does not need transfer of property Read More »
The Supreme Court held that a consensual relationship, even if followed by a breach of a promise to marry, does not amount to rape under under Section 376 of Indian Penal Code, 1860, unless it is proved that the promise was false from the beginning. The appellant, Jaspal Singh Kaural, was accused of engaging in sexual
Breach of Promise to Marry is Not Always Rape-sec 376 IPC-Sec 227 CrPC Read More »
The Supreme Court held that it is not bound to limit its scope while hearing an appeal. It may expand the merits of the case if required, under its power to do “complete justice” under Article 142. The Court was hearing an appeal filed by Biswajit Das, a Development Officer of Life Insurance Corporation of India,
The Supreme Court emphasised the need for an impartial investigating agency in cases involving custodial deaths, citing the principle of ‘nemo judex in causa sua’ (‘no one should be a judge in his own cause’). 25-year old Deva Pardhi was taken into custody along with his uncle Gangaram Pardhi in connection with a theft investigation.
Transfer of Probe to Independent Agency When There Is Custodial Death Read More »
The Supreme Court held that the intention to cause death was essential for conviction for murder under Section 302 of the Indian Penal Code, 1860. An elderly man was killed and his two grandchildren injured in a fatal assault during a dispute over a place of worship in Madhya Pradesh. The trial court convicted the three
Charge for Murder and Homicide-Indian Penal Code, 1860. Read More »
Mere harassment, by itself, not sufficient to establish abetment of suicide S. 306 r/w Ss. 107 and 114, [Jayedeepsinh Pravinsinh Chavda v. State of Gujarat, (2025) 2 SCC 116]… CaseComment The Bench of Justice Vikram Nath and Justice Prasanna B. Varale observed, “Selling of gold ornaments and the same was followed by discord and harassment
Abetment of suicide- Penal Code, 1860 Read More »
Intention to cause death can easily be discerned from conduct of appellant and nature of fatal injury inflicted, which in ordinary course of nature was sufficient to cause death. Fulfilment of any one condition of S. 300 is enough to convict appellant under S. 302, but in present case not one but two conditions have
Intention and nature of fatal injury- Ss. 300 Firstly, Thirdly and 302 Read More »
By applying principles incorporated in S. 222(2) CrPC, the court can consider whether the accused has committed any other offence which is a minor offence in comparison to the offence for which he is tried. Causing grievous hurt by act endangering life or personal safety of others – At that relevant time, the bus was
Order of High Court reversing acquittal of appellant-accused and convicted him under S. 302 IPC for murdering his wife in case resting on circumstantial evidence, quashed and set aside. the dead body of an unknown married woman aged about 25 years was lying in a field on the side of the railway track at Ambalgisan
Penal Code, 1860 — S. 302 — Appeal against acquittal from Murder of wife alleged Read More »
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