Penal Code 1860 Archives

Interpreting S.468(3) CrPC in a way which considers relevant offences as one where summons is issued leads to absurdity; Delhi HC dismisses petition to quash complaint

“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 473¹ of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”

Cases Reported SCC Weekly

2024 SCC Vol. 10 Part 5

Special leave petition – Exemption from filing the certified copy of the impugned order of the High Court

Case Briefs High Courts

‘Proxy litigation in India to satisfy personal spite cannot be allowed, when disputes are settled abroad’: P&H HC highlights disturbing trend in matrimonial disputes by foreign nationals

The Court stated that it is baffling that FIR propped up in India, especially considering that the wife has never pursued any criminal complaint against the petitioners in India or in Australia in eight years of marriage.

Cases Reported Never Reported Judgments

NRJ Series| Circumstances corroborating retracted confession must implicate accused; not necessary that it should be independently sufficient for corroboration [(1954) 2 SCC 231]

This report covers the Supreme Court’s Never Reported Judgment, on corroboration of retracted confession, dating back to the year 1954.

Case Briefs High Courts

Delhi High Court dismisses Amtek Group promoter’s petition to quash his arrest and remand orders in money laundering case

It is not the petitioner’s case that he was not supplied with the grounds of arrest at the time of the arrest and prior to the remand being sought. The remand application was detailed, and contained, effectively the same set of facts as were stated in the grounds of arrest.

Case Briefs High Courts

‘No mention of accused persons awareness of caste at time of alleged incident; even otherwise remarks not made in public place’: P&H HC quashes SC/ST Act case

In the present case, the complaint remained pending for several years and no application was filed by Respondent 2. Now, no purpose would be served by ordering the prosecution of the accused persons, after a long delay of 14 years, when Respondent 2 and his co-accused have already been convicted in a criminal trial, relating to the same occurrence.

Case Briefs High Courts

‘Voluntarily accompanying accused in crowded place; no injury marks on body parts of victim’; Punjab and Haryana HC acquits rape accused in a POCSO case

The Court observed that the victim in her cross-examination had candidly spoken, that there was no talk between her and the accused regarding marriage proposal. Therefore, the sexual intercourse, if any, which occurred between them, is not a sequel of any allurement of marriage.

Cases Reported Never Reported Judgments

NRJ Series | When SC commuted death sentence to transportation for life after finding High Court’s confirmation to be based on subjective feelings and not positive evidence [(1954) 2 SCC 227]

This report covers the Supreme Court’s Never Reported Judgment, on commutation of sentence, dating back to the year 1954.

Case Briefs High Courts

‘Relationship gone wrong and sour’; Bombay HC quashes case under S.376(2)(n) IPC against advocate

If the criminal procedures are continued in the present case, it is not likely to result in conviction and will amount to abuse of process of law.

Cases Reported Never Reported Judgments

NRJ Series | Confession of co-accused not substantive evidence in itself but can be considered to lend assurance to existing circumstantial evidence [(1954) 1 SCC 625]

This report covers the Supreme Court’s Never Reported Judgment on, confession of co-accused, dating back to the year 1954.

Case Briefs High Courts

‘Mother’s presence essential for fostering stable environment’; P&H HC grants anticipatory bail to a mother of ten-year-old despite prima facie evidence against her

As parens patriae, the Court has the responsibility to safeguard the child’s interests and could not relinquish this duty by placing her welfare in the hands of relatives.

Case Briefs High Courts

‘Contradictory versions and sketchy evidence’; Jharkhand HC sets aside conviction and death sentence of a man convicted for murder of his pregnant wife and 15-months-old child

The prosecution case has crumbled like a house of cards. Neither the circumstances have been proved which can lead to a conclusion that the accused was complicit in offence, nor any consistent prosecution version has come which can be relied upon.

Case Briefs High Courts

Medical practitioners to be protected from frivolous and unjust prosecution, particularly which are for extracting unjust compensation: Bombay HC

The report submitted by the Committee nowhere suggests that prescription of irrational combination of medicines by applicant is responsible for brain hemorrhage and consequential death of complainant’s wife.

Op Eds OP. ED.

Need to Revisit the Doli Incapax Doctrine in India

by Arjun V. Harihar*

Case Briefs High Courts

Driving vehicle without number plate not cheating under Section 420 IPC; police can impose fine: Telangana High Court

It was stated that to attract Section 420 of the Penal Code, 1860, the accused must cheat and dishonestly induce the victim to deliver any property to any person or make, alter, or destroy a part of valuable property.

Case Briefs High Courts

WhatsApp news group will come within domain of ‘any form of media’; Jharkhand HC dismisses petition to quash charges against Local MLA accused of disclosing identity of rape victim

It is alleged that the local MLA-the petitioner and his supporters visited Hospital to show their sympathy to the victim and her family member and after taking name, address and photograph of victim, it was sent to media and other organization from the petitioner’s mobile number.

Case Briefs High Courts

DHFL Bank Fraud case| ‘Definitely required regular and periodical medical attention’; Delhi HC grants bail to Dheeraj Wadhawan on medical grounds

The Court stated that mere fact that at present hospitalisation was not required and the applicant can be treated on outpatient basis did not disentitle the applicant from grant of medical bail.

Case Briefs High Courts

‘No intention to disturb law and order or public order/peace’; Bombay HC grants anticipatory bail to person alleged to be a supporter of Naxalism

The intention to cause disorder or incite people to violence is sine qua non for the offence under Section 153-A¹ of the Penal Code, 1860.

Case Briefs High Courts

‘S.115(1) of Mental Healthcare Act overrides S.309 IPC’; Bombay HC quashes FIR u/s 309 IPC against woman who attempted to commit suicide under stress

Section 115 of the Mental Healthcare Act, 2017 stated that a person who tried to commit suicide, enjoyed a statutory presumption about mental stress and having regard to such presumption, is excluded from being put on trial.

Case Briefs High Courts

Punjab and Haryana HC directs State of Punjab to ensure that FIR must be registered whenever a complaint reflecting commission of cognizable offence is made

Prima-facie case for wrongfully restraining the team of doctors and restraining them from doing their official duties was made out and both these offences were punishable under Sections 341 and 353 of the IPC. However, despite disclosing commission of cognizable offences, the police did not register an FIR.