Code of Criminal Procedure

Kamal Kishore Saini was detained under section 3(2) of the National Security Act, 1980 on three criminal grounds. He challenged the detention before the Allahabad High Court, which quashed the order on the ground that he was not supplied with vital documents (statements under Sec. 161 CrPC, applications of co‑accused, …

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 appellants Raju Premji and Arun Kanungo were convicted under Sections 21, 28 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for abetting possession of heroin, based primarily on confessional statements recorded while they were in police custody and later handed over to customs officers. The tri…

Mis. Mediline India (P) Ltd obtained a loan of Rs.5,00,000 and issued two cheques which bounced for insufficient funds. A complaint under Section 138 of the Negotiable Instruments Act and Section 420 IPC was filed against two directors, Ashish Narula and Manish Arora, who were later convicted. While the case was pendin…

Kusum Lata died from severe burns and her husband Rakesh Kumar was convicted under IPC sections 304‑8 and 498‑A based on the testimony of her father and letters allegedly written by the deceased. The prosecution also relied on a dying declaration recorded by an Executive Magistrate, while the police failed to record it…

The petitioner, State of Madhya Pradesh, appealed against a High Court order that directed it to consider a prisoner's application for release on probation. The prisoner, convicted under IPC section 396, had applied under the Madhya Pradesh Prisoners' Release on Probation Act, 1954, but his request was rejected because…

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 deceased Yadav Navkar allegedly entered into a sale agreement for his land with the appellants, but a forged General Power of Attorney was later executed by accused No.1, leading to a sale deed in favour of the appellants. After Navkar went missing, his wife filed a report, a FIR was lodged under Sections 364 and 3…

The appellants, Malak Singh and Jaswant Singh, challenged the inclusion of their names in a police surveillance register maintained under the Punjab Police Rules, alleging that the entry was made without any material basis and violated their fundamental right to privacy under Articles 21 and 19(1)(d) of the Constitutio…

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 appellant, Dr. Jacob Mathew, was charged under Section 304A IPC for the death of a patient who died after an empty oxygen cylinder was attached to him in a private hospital. The trial court framed charges and the High Court dismissed the petition to quash the FIR. On appeal, the Supreme Court examined whether the d…

The appellant State of Haryana appealed the High Court's acquittal of Suresh, who had been convicted under Section 18 of the NDPS Act for possession of opium discovered in a false bottom of his attaché case. The High Court set aside the conviction on the ground that the search of the bag violated the mandatory requirem…

The appellant, Ram Suresh Singh, appealed against a High Court order that held the accused, Prabhat Singh, to be a juvenile on the basis of school admission register entries showing a birth date of 10‑02‑1987. The trial magistrate had appointed a Medical Board which estimated the accused's age to be over 20 years, but …

The appellant, Ranajoy Bose, was charged under the Prevention of Food Adulteration Act, 1954 for selling adulterated tea leaves. The prosecution was launched after obtaining consent from the District Health Officer (IV) under Section 20(1) of the Act, as per a state notification. The appellant challenged the validity o…

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…

Harpal Singh was apprehended with a kilogram of explosive powder. The police initially filed a charge-sheet under the Explosives Act, 1884, and later filed a supplementary charge-sheet adding offences under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Explosive Substances Act, 1908. The…

The Anti‑Corruption Bureau raided Natwarlal Damodardas Soni's residence and seized 100 gold biscuits of foreign origin concealed in a jacket; the Customs authorities subsequently took possession. Soni, who was absent at the time, was later convicted under sections 135(a) and (b) of the Customs Act, 1962 and the Defence…

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…

Navinchandra N. Majithia entered into a share‑sale agreement that was later terminated, after which the buyer filed a false complaint in Shillong, Meghalaya. Majithia filed a writ petition in the Bombay High Court under Article 226 seeking to quash the complaint or, alternatively, to direct the Meghalaya police to tran…

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 Central Bureau of Investigation (CBI) investigated former Himachal Pradesh minister Anil Sharma under Section 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. Sharma applied to the Himachal Pradesh High Court for anticipatory bail under Section 438 of the C…

The President of India referred a complaint under Article 317(1) to the Supreme Court alleging that a member of the Punjab Public Service Commission, G.K. Saini, slapped the Chairman, Santosh Chowdhary, without provocation. After extensive evidence, including affidavits of the Chairman, three other members, and the res…

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 Supreme Court examined the termination of over 150 civil and judicial officers appointed by the Punjab Public Service Commission during the tenure of its chairman, who was alleged to have taken bribes and corrupted the selection process. The appellants argued that their services were dismissed without due process, …

The appellant, Fida Hussain Bohra, was accused of embezzling approximately Rs. 26 crore and was granted anticipatory bail by an Additional Sessions Judge subject to conditions. He complied with those conditions, and the investigating agency later agreed to relax them. The High Court set aside the bail order, but the Su…

The trial court convicted Shantabai, her husband Sajan and their son Govind for the murder of Gunwant Dhumale based solely on circumstantial evidence, including an alleged illicit relationship and the discovery of the dead body in front of their house. The High Court affirmed the conviction, but the Supreme Court exami…

M/s. Rahul Builders entered into a construction contract with Mis. Arihant Fertilizers, which later defaulted on payments. The latter issued a cheque for Rs.1,00,000 that was returned unpaid because its account was closed. Rahul Builders sent a notice on 31‑Oct‑2000 demanding payment of the pending bills (Rs.8,72,409) …

Nazir Ahmad Bhatti, a bank manager, was arrested after a police raid recovered a cassette, stickers and floppies allegedly containing secessionist material. He gave a confession to the Deputy Commissioner of Police (PW‑4) under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The appellant…

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…

The State of Uttar Pradesh appealed to the Supreme Court against the High Court's order acquitting 24 of the 41 accused in a mass‑murder case that left 13 victims dead. The prosecution alleged a conspiracy by the accused to murder the victims during a sugar‑cane cutting, relying heavily on the testimony of several ocul…

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 appellant, an arrack shop in‑charge, complained to senior police officials that the Additional Superintendent of Police, K. Shanmuganan, was colluding with illicit distillers. The respondent summoned the appellant, beat him and later tortured him. The appellant filed a criminal complaint under several IPC sections.…

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…

The Supreme Court examined the murder of four family members allegedly committed by Ravi Virmani, who was convicted and sentenced to death by the Sessions Court and later to life imprisonment by the High Court. The prosecution's case relied mainly on the testimony of the two surviving brothers, without any independent …

Abdul Rashid Ibrahim Mansuri, an auto‑rickshaw driver, was arrested after police stopped his vehicle and found four gunny bags containing charas. The police officer who ordered the stop relied on verbal information and neither recorded it in writing nor forwarded it to his superior as required by Section 42(1) of the N…