Code of Criminal Procedure

Jangir Singh shot dead his colleague Jaswant Singh after a 15‑minute altercation during which the deceased pointed a rifle at him. The trial court acquitted Singh on the ground of private defence, but the High Court convicted him under Section 302 IPC and Section 27 of the Arms Act. On appeal, the Supreme Court examine…

Heem Singh, a Rajasthan police constable, was dismissed after a departmental enquiry found him guilty of misconduct for allegedly committing murder while on leave. He had been acquitted of the murder charge in a criminal trial because key witnesses turned hostile and the prosecution failed to prove guilt beyond reasona…

The appellant, a temporary constable in Uttaranchal, submitted an affidavit stating he had never been involved in any criminal case, while an FIR had been registered against him and later closed by the magistrate. The State discovered the pendency of the case during character verification and terminated his service wit…

Arun Kumar Yadav, a litigant, entered a courtroom on 5 September 2005 and shouted threatening, unparliamentary remarks at a Judicial Magistrate who was dictating an order. The magistrate lodged a complaint, and the Allahabad High Court framed a charge of criminal contempt under Section 12 of the Contempt of Courts Act,…

The Supreme Court examined the constitutional validity of the Juvenile Justice (Care and Protection of Children) Act, 2000 (as amended) after a 23‑year‑old woman was murdered and one of the accused, Raju, was a minor. Petitioners sought to have the Act read down so that juveniles who commit serious offences could be tr…

The appellants were convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and IPC for the murder of a Hindu leader. The Supreme Court examined whether the required prior sanction under Section 20‑A of TADA had been validly obtained. It found that the sanctioning authority had granted approval …

Two Italian marines were arrested by Kerala police for killing two Indian fishermen 20.5 nautical miles off the Kerala coast. The Supreme Court earlier held that the State of Kerala lacked jurisdiction and that only the Union of India could investigate and try the marines, pending a determination of the applicability o…

Captain Amarinder Singh, former Chief Minister of Punjab, was expelled from the Punjab Vidhan Sabha for the remainder of its 13th term after a Special Committee found him involved in an alleged illegal exemption of land during his tenure as Chief Minister in the 12th term. The appellant challenged the expulsion, arguin…

The Supreme Court examined a series of writ petitions filed under Article 32 seeking protection and relief for victims of the September 2013 Muzaffarnagar communal riots, including compensation for rape victims and accountability for the State's failure to prevent the violence. The Court found the State government negl…

The appellant, Sanjabij Tari, appealed against the High Court’s ex‑parte order acquitting Kishore S. Borcar (respondent No.1) under Section 138 of the Negotiable Instruments Act for a bounced cheque of Rs.7.5 lakh. The central issue was whether the High Court could overturn the concurrent findings of the trial and sess…

The appellant and the complainant, who are brothers, were involved in a pending partition suit where the appellant produced a deed that the complainant alleged was altered and forged. The complainant filed a criminal complaint under several sections of the Indian Penal Code alleging forgery and related offences. The Hi…

The husband (K. Srinivas Rao) appealed against a High Court order that set aside a decree of divorce in his favour. The Supreme Court examined whether the wife’s filing of false, indecent and defamatory complaints, and multiple criminal proceedings against him and his family, amounted to mental cruelty under s.13(1)(i‑…

The petitioner, Manjeet Singh Khera, sought a court order directing the prosecution to produce the original complaint filed with the Anti‑Corruption Bureau that had initiated the investigation leading to an FIR and charge‑sheet under the Prevention of Corruption Act, 1988 and IPC s.109. The prosecution contended that t…

During bail proceedings of a police officer (Respondent No.1) under Section 439 Cr.PC, the Karnataka High Court made adverse remarks against three appellants – a senior IPS officer (Appellant No.2) and a district collector (Appellant No.3) – who had no lis in the bail matter, and also directed the CBI to investigate th…

The daughter‑in‑law (R2) filed applications seeking recovery of arrears of maintenance and monthly maintenance from her father‑in‑law, Manmohan Gopal, after her husband Varun Gopal abandoned her and obtained a foreign divorce. The Supreme Court noted that the father‑in‑law and the husband had repeatedly defied earlier …

The suit was filed in 1982 by Urmila Devi to declare a sale deed void and claim possession of land. After her death in 2007, multiple applications were filed to substitute a legal representative, with Manoj Kumar Jain initially approved, later withdrawn, and Yashpal Jain seeking substitution. The trial court allowed Ya…

Sharad Hiru Kolambe was convicted under several IPC provisions (364A, 395, 397, 387) and three provisions of the Maharashtra Control of Organised Crime Act (MCOCA) and sentenced to imprisonment, hefty fines and default imprisonment for non‑payment of those fines. After serving the substantive term of 14 years, he was r…

The appellant, a former Cabinet Minister of Tamil Nadu, challenged the High Court's refusal to disclose a preliminary enquiry report prepared by a Superintendent of Police in a corruption case. The High Court had ordered the enquiry, received the sealed report, but closed the writ petition without furnishing a copy to …

The petitioner, a Mechanical Transport Driver in the Indian Air Force, was convicted by a district court‑martial of unauthorized absence under Section 39(a) of the Air Force Act, 1950 and sentenced to three months' rigorous imprisonment, dismissal from service and reduction in rank. He had been in custody since 1 Febru…

The case arose from a 1988 dispute over a right of way in Patiala where respondent No.1, a 25‑year‑old international cricketer, struck a 65‑year‑old man with his bare hands, resulting in the victim's death. The High Court convicted the cricketer under Section 304 Part II IPC, but the Supreme Court on appeal reduced the…

Kishore Samrite, a former MLA, filed writ petition No.111/2011 in the Allahabad High Court as a next friend of three residents of Amethi, alleging their illegal detention and a rape by Rahul Gandhi (respondent No.6). A second writ petition No.125/2011 was filed by Gajendra Pal Singh as a next friend of the same three p…

The appellant, Juveria Abdul Majid Patni, married Atif Iqbal Mansoori under Muslim rites in 2005 and alleged physical abuse and cruelty, leading her to file an FIR under Sections 498A and 406 IPC in 2007. She obtained an ex parte Khula (divorce) from a Mufti on 9 May 2008, which the respondent contested in family court…

The petition arose from the hardships faced by a child victim of sexual offence who, despite the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and its 2020 Rules, was not provided with an effective support person. The Court examined the statutory definition, duties and entitlements of …

The case arose from twin bomb blasts in Surat in 1993 for which several accused were convicted under the Indian Penal Code, the Explosives Substances Act and the Terrorist and Disruptive Activities (Prevention) Act (TADA). The trial court recorded the offences under TADA after obtaining approvals from the Additional Ch…

The Central Bureau of Investigation (CBI) filed a criminal case against Arvind Khanna for receiving Rs 9.04 crore from eight foreign entities without prior government permission, alleging violation of the Foreign Contribution (Regulation) Act (FCRA) 1976. The trial court took cognizance under the FCRA 2010, but the CBI…

The appellant Daulat Ram was convicted under Sections 302 read with 34 and Section 201 of the IPC for the murder of Zile Singh, based largely on the testimony of the victim's father and his relatives who claimed to have seen the accused throwing the dead body into a dry well. The prosecution's case relied on circumstan…

The State of Gujarat appointed the Secretary to the Government as President of the Gujarat Revenue Tribunal, a move challenged on the ground that the post is a judicial office and requires the High Court's consultation under Article 234 of the Constitution. The Gujarat High Court held that the Tribunal is a "court" and…

Kashmir Lal was arrested after police seized about 0.5 kg of opium from the toolbox of his scooter at a dhaba. He was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and sentenced to ten years' rigorous imprisonment and a fine of Rs.1 lakh. On appeal, he contended that the prosec…

Bimal Gurung, president of the Gorkha Janmukti Morcha, filed a writ petition under Article 32 seeking the transfer of investigation of all FIRs (over 100 cases) lodged against him and other GJM members to an independent agency such as the CBI or NIA, alleging political bias and threat to life. The State of West Bengal …

Jafar Imam Naqvi, a practising advocate, filed a writ petition under Article 32 seeking a mandamus directing the Election Commission of India to take stern action against politicians and parties making hate speeches during the election campaign, including cancellation of party recognition and candidature. The petitione…

The appellant Prakash was accused of murdering Gangamma on 5 November 1990 and of stealing her ornaments. The prosecution relied on circumstantial evidence: his alleged presence in the victim's house at 1 p.m., a fingerprint on a plastic cover, blood‑stained clothes matching the victim's blood group, recovery of orname…

The appellant, Ratnesh Kumar Pandey, was convicted of murdering his wife Suman under Section 302 of the Indian Penal Code. The prosecution relied on circumstantial evidence, including a knife and a blood‑stained sweater recovered from the scene, and a post‑mortem report showing twenty incised wounds. The appellant clai…

The Supreme Court examined an interlocutory application by Common Cause seeking to bar CBI Director Ranjit Sinha from interfering in coal‑block allocation investigations and to order a Special Investigation Team (SIT) to probe alleged abuse of authority. The Director had retired, rendering the recusal request moot, but…

The case arose from a 1997 incident in which Ramji Tiwari, armed with a double‑barrel gun, shot and killed several persons after being urged by co‑accused. The trial court convicted Ramji under Section 302 IPC and sentenced him to death, while the other four accused were convicted under Section 302 read with Section 10…

The appellant, a son, and his father were drinking together when a quarrel erupted on the night of 26-27 July 2010. The son attacked his father with a piece of Nagar wood, inflicting eleven severe injuries to the head, neck, chest and abdomen, leading to the father's death. He was convicted of murder under Section 302 …

The appellant, Vaneet Mahajan, alleged that he, his brother and an employee were brutally attacked by 10‑12 persons armed with swords, baseball bats and other deadly weapons, allegedly at the behest of a cabinet minister. The attack caused grievous and simple injuries, leading to an FIR and charge‑sheet that included S…

The appellant, a Sub‑Inspector of Uttar Pradesh Police, was ordered to withhold his integrity certificate for 2010 on the ground that he failed to record the past criminal history of an accused in a bailable offence. He challenged the order, arguing that withholding the certificate was not a punishment contemplated und…

The appellants were charged with murder under Section 302 read with Section 34 of the IPC, alleged to have killed two men during a land‑dispute. The trial court acquitted them, finding the FIR was delayed, the oral dying declarations unreliable, and the sole eye‑witness's testimony unnatural. The State appealed, and th…

A fire broke out on 10 April 2006 at the India Brand Consumer Show in Meerut, killing 65 people and injuring 161. The victims filed a writ petition under Article 32 seeking compensation from the event organizers (Mrinal Events and Expositions) and the State of Uttar Pradesh, alleging negligence and violation of the rig…

The Tamil Nadu government, after receiving a complaint from the Hindu Religious and Charitable Endowments Commissioner, ordered on 01.08.2018 that all idol‑theft investigations being handled by the Idol Wing of the CID be transferred to the CBI. The Madras High Court quashed that order and, under Article 226, appointed…

The Supreme Court examined whether Exception 2 to Section 375 of the Indian Penal Code, which exempts a husband from rape liability when his wife is aged 15‑18, violates the Constitution and conflicts with the Protection of Children from Sexual Offences (POCSO) Act. The Court held that the exemption creates an arbitrar…

The appellants Nanhar and others were convicted for the murder of Vijay under Sections 302 and 149 of the IPC, primarily on the basis of a note recovered from the deceased's pocket that the trial court treated as a dying declaration, and on circumstantial evidence. The Supreme Court held that the prosecution failed to …

The case concerned a bomb blast on a railway bridge in Tamil Nadu in 1992. The prosecution relied primarily on a confessional statement recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) by A1‑Senthilkumar, which he later retracted, and on the testimony of a hostile witness, PW…

An explosion on a Delhi bus in 1997 killed four people and injured twenty‑four. Mohd. Hussain @ Julfikar Ali, a Pakistani national, was charged under Sections 302, 307 IPC and Section 3 of the Explosives Substances Act and was convicted and sentenced to death. The trial proceeded for years with the accused largely unre…

The appellants Sunil Kundu and others were convicted of murder under IPC s.302 read with s.34 based mainly on three eye‑witnesses who were relatives of the deceased. The Supreme Court found serious inconsistencies between the eye‑witness accounts and the post‑mortem report, which showed no firearm injuries despite the …

The Supreme Court heard two writ petitions challenging the implementation of the Pre‑conception and Pre‑natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and its Rules. The petitioners sought directions for stricter enforcement, a centralised civil‑registration database, training of officials, and al…

The appellants Rakesh Kumar Goel and others purchased two government plots in Ghaziabad through an auction purportedly held under the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952. The High Court set aside the auction on the ground that the appellants failed to deposit the required 25% of the bid immed…

The State of Jharkhand challenged two writ petitions filed by Shiv Shankar Sharma as public‑interest litigations (PILs) that sought a mandamus directing investigative agencies to probe alleged money‑laundering through shell companies and to prosecute the Chief Minister for a mining lease. The Supreme Court examined whe…

The appellant, a mechanic, borrowed Rs 45,000 from the respondent, an engineer, and issued a post‑dated cheque for repayment. The cheque was presented but the bank returned it with a "payment stopped by drawer" memo after the appellant gave stop‑payment instructions. He failed to honour the cheque within the statutory …

The State of Gujarat charged Kishanbhai with kidnapping, rape, murder and theft of a six‑year‑old girl, Gomi, alleging that he abducted her, amputated her legs to steal her anklets and killed her. The trial court convicted him and sentenced him to death, but the Gujarat High Court acquitted him, citing numerous gaps in…

The Supreme Court upheld the convictions of eleven accused in a kidnapping‑for‑ransom case in Bihar, finding that the prosecution proved the elements of Section 364A IPC, including abduction, confinement and demand for ransom. The Court held that Section 368 IPC is a deemed offence under Section 364A, so the accused ch…

The appellant, Laxmichand, was involved in a quarrel with the deceased, Gyaniram Mahajan, who was intoxicated and refused to leave the appellant's house. The appellant dragged the deceased outside and struck him on the head with a spade, causing injuries that led to death after seven days. The appellant made several ex…

The appellants Rohtas and Surender Singh were convicted under Sections 302 and 34 of the IPC for stabbing the deceased Mohar Pal, based on the testimony of two eye‑witnesses (PW‑1 and PW‑2). They challenged the conviction in a special leave petition, alleging deficiencies in the investigation, delay in FIR registration…

The State of Himachal Pradesh appealed the acquittal of Sunil Kumar, who was found in possession of 2.3 kg of charas during a routine traffic check on a bus. The police, acting on a positive suspicion that the passenger was carrying contraband, conducted a personal search after he disembarked, leading to the discovery …

The appellant, a hostel warden, was accused of demanding Rs.2000 as illegal gratification from a student seeking re‑admission to the hostel. The student complained to the Lokayukta, leading to a sting operation where the money, marked with a chemical that turned pink, was recovered from the warden's pocket. The trial c…

The father of a deceased woman filed a complaint alleging dowry harassment and murder, leading to FIRs against seven family members, including the mother‑in‑law. The mother‑in‑law, after being declared a proclaimed offender and absconding for over two years, obtained anticipatory bail from the High Court on the basis t…

The appellant, Tanua Rabidas, was convicted of murder under section 302 IPC for allegedly pouring kerosene on his wife and setting her ablaze, leading to her death. The prosecution relied on two dying declarations: one recorded orally by a doctor and a nurse at the hospital, and another made in the presence of relative…

The appellant, Jayanta Sil, was alleged to have murdered Kandarpa with a sharp cutting weapon while returning from a feast. The prosecution relied on the testimony of six eyewitnesses, including the deceased's wife (PW1) and two other eye‑witnesses (PW5, PW6), as well as corroborative statements from PW2, PW3 and PW11,…

The appellant, a husband, was charged with murdering his wife by smothering her in their rented house. Medical evidence established death by asphyxia, not suicide or rape. The prosecution relied on circumstantial evidence: the wife was found dead in a locked room, the husband was present in the house the previous night…

The Voluntary Health Association of Punjab filed a writ petition seeking effective implementation of the Pre‑Conception and Pre‑Natal Diagnostic Techniques (Prohibition of Sex‑Selection) Act, 1994, alleging that many states had failed to enforce its provisions and that sex‑selective abortions continued unabated. The Co…

The State Election Commissioner of Bihar disqualified Janakdhari Prasad, an elected member of a Panchayat Samiti, on the ground that his appointment as an Assistant Government Advocate placed him in the service of the State Government under Section 139(1)(c) of the Bihar Panchayat Raj Act, 1993. The High Court and the …

The petitioner, Dharmendra Kirthal, challenged the constitutional validity of Section 12 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986, which mandates that trials before Special Courts have precedence over any other trial of the accused, keeping other proceedings in abeyance. He argue…

National Fertilizers Ltd. (NFL) paid $38 million for urea to a Turkish company, Karsan, but never received the product. The manager of Karsan, Tuncay Alankus, was extradited to India and faced criminal proceedings. The Supreme Court, on 4 September 2006 and again on 14 December 2006, restrained Alankus from withdrawing…

The Shree Shree Ram Janki Ji Asthan Tapovan Mandir Trust and its pujari challenged a Jharkhand High Court order that, based on a public‑interest writ, directed the Central Bureau of Investigation (CBI) to probe the alleged illegal transfer of land belonging to the deity. The High Court had held that the original trust …

The Supreme Court examined a batch of interlocutory orders by the Allahabad High Court that stayed criminal investigations and trials, resulting in cases remaining pending for years, some up to three decades. The Court held that while High Courts have the power under Article 226 and Section 482 of the CrPC to stay proc…

The State of Punjab appealed the acquittal of CRPF constable Dalbir Singh, who had been charged under Sections 302, 307 IPC and Section 27 of the Arms Act for firing a self‑loading rifle that resulted in the death of a senior officer. The High Court acquitted him on the basis of irreconcilable inconsistencies in the pr…