Thursday, September 10 – Supreme Court Acquits in POCSO Case: TIP Cannot Replace Dock IdentificationThe Supreme Court acquitted the appellant in a child sexual assault case, overturning concurrent convictions by lower courts due to critical flaws in the prosecution’s investigation and trial. The conviction was primarily based on a Test Identification Parade (TIP), but the victim failed to specifically identify the accused in court, rendering the TIP legally insufficient as substantive evidence. Furthermore, significant discrepancies in medical evidence regarding the injury’s timing, the…
Wednesday, September 9 – Inordinate Delay in Serving Summons Cannot Quash Criminal Proceedings After Charges are Framed: Madras HCThis criminal original petition filed by the petitioner as against the charge sheet and consequential proceedings pending before the District Munsif-cum-Judicial Magistrate Court, seeking to quash the same. The proceedings arose out of a complaint lodged by the complainant, who is the petitioner’s daughter-in-law, based on which a criminal case was registered in the year 2013 for offences under Sections 294(b), 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women…
Wednesday, September 9 – Sivakumar vs State: Mere Use of the Word ‘Bastard’ is Not an Offence Under Section 294(b) IPCSection 294 (b) IPC – Mere use of the word ‘bastard’, by itself, is not sufficient to arouse prurient interest of a person- such words are commonly used in modern era during heated conversations – Conviction under section 294(b) IPC set…
Tuesday, September 8 – Acquittal: Gunshot: Witnesses might have already planned to frame the accused since they know the accused owned licensed weaponThe Supreme Court reversed the concurrent convictions for murder under constructive liability and the Arms Act, extending the benefit of doubt to the appellants due to pervasive contradictions in the testimonies of related eyewitnesses and glaring investigative deficiencies. The prosecution’s narrative was discredited by medical evidence demonstrating that the fatal firearm wound was not instantaneously fatal as claimed, the highly unnatural conduct of taking the victim to the police station…
Tuesday, September 8 – Supreme Court Rejects ‘Falsus in Uno, Falsus in Omnibus’ and accused also well known to the witnessesIn an appeal concerning a fatal ambush, the Supreme Court reversed the High Court’s acquittal of two accused, ruling that holding the victim and exhorting the shooter attracts constructive liability under Sections 34 and 149 of the IPC. The Court reaffirmed that the maxim falsus in uno, falsus in omnibus does not apply in India, obligating courts to separate credible eyewitness and medical evidence from unproven allegations, thereby restoring the convictions of the two active participants while…
Tuesday, September 8 – Madras High Court Rules: Attacking Vital Body Parts is Attempted Murder, Even if Injuries are MinorBabu (Petitioner) and the State of Tamil Nadu represented by the Inspector of Police and Umamaheshwari…
Monday, September 7 – Strict Compliance Mandatory: The Necessity of Police Reports Before Directing Investigations Under Section 175(3) & (4) of BNSSA Magistrate cannot mechanically order an investigation under Section 175(3) or 175(4) of the BNSS without an affidavit, without calling for submissions/reports from the police, and without applying judicial mind to those…
Sunday, September 6 – Surrogacy Act: Magistrates Cannot Reassess Eligibility Certificates; Age Limit of “50 Years” Includes the Entire 50th Year: Madras High CourtThe Hon’ble Madras High Court ruled that Magistrates cannot second-guess surrogacy eligibility certificates issued by medical boards unless there is apparent fraud. Crucially, the Court clarified that the statutory upper age limit of “50 years” for intending mothers extends until their 51st birthday. Additionally, the Court held that examining the surrogate’s husband in court is unnecessary if his consent is already documented in the medical certificate, emphasizing that parentage proceedings…
Saturday, September 5 – Oral Hearing Is Non-Negotiable: Non-Cooperation by Defence Counsel Requires Amicus Appointment, Not Ex-Parte VerdictThe appellate court set aside a conviction because the trial court pronounced judgment without hearing defence arguments. Ruling that oral arguments are a mandatory, non-waivable facet of a fair trial under Article 21 and Section 235 of the Cr.P.C., the court held that a judge cannot skip oral hearings even if the defense is uncooperative. Instead, the trial court must appoint an amicus curiae. The case was remanded solely for hearing arguments, with instructions to recover amicus fees from the…
Friday, September 4 – Dowry death: Reversal of Acquittal with directionThe Supreme Court reversed an appellate acquittal and restored convictions under Sections 304-B and 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, holding that persistent demands reiterated a day prior to the bride’s unnatural burn death established cruelty “soon before her death” and triggered the mandatory, unrebutted presumption under Section 113-B of the Indian Evidence Act. Ruling that post-marital demands constitute dowry…
Friday, September 4 – Section 306 IPC: Acquittal: some disputes or discord in matrimonial life would not itself attract the provisions of Sections 306 r/w 107 IPCThe appeal arises from the overturning of an acquittal by the Sessions Court, where the appellant had initially been cleared of charges relating to cruelty and abetment of suicide concerning his wife, only for the High Court to reverse the decision and convict…
Friday, September 4 – Acquittal: Conviction cannot be based on confession to IO despite no Section 65B certificate for CCTV footageThe conviction was overturned because the prosecution relied on inadmissible confessions, failed to provide mandatory Section 65B certifications for vital electronic evidence, and could not prove the lease or ownership of the apartment where the body was found. Consequently, both the “last seen” theory and adverse inferences under Section 106 collapsed, leaving no substantive proof connecting the accused to the…
Wednesday, September 2 – Real estate is not an illegal business and the Indian Bank which kept the money sold in auction was not disbursed to the legal heirs is illegalThe Supreme Court acquitted a former bank manager of corruption and loan fraud due to a complete lack of evidence. Overturning the conviction, the Court highlighted a fundamentally flawed investigation, noted that higher authorities had actually authorized the loans, and observed that the bank fully recovered all debts with a massive…
Tuesday, September 1 – Sentencing: Fine: Forcing the Accused To Pay Duplicate Fines For the Same Sentence Would Be Amount To Double PunishmentHem raj vd state of Himachal…
Tuesday, September 1 – SC Shields Husband from Baseless DV Case; Dissolves Dead Marriage Citing Irretrievable BreakdownIn the Supreme Court dissolved the marriage under Article 142(1) due to its irretrievable breakdown. The Court also quashed the wife’s Domestic Violence complaint, determining it lacked specific allegations and was a baseless afterthought filed merely to prolong litigation after she backed out of a prior mutual…
Tuesday, September 1 – Section 156(3) CrPC: Mere existence of a civil remedy does not by itself bar criminal proceedings If Allegations prima-facie disclose a cognizable offenceThe Supreme Court restored criminal proceedings, ruling that a Magistrate ordering a police investigation under Section 156(3) Cr.P.C. only needs to verify if the complaint *prima facie* discloses a cognizable offence. The Court further clarified that the existence of a civil remedy does not bar criminal action, and High Courts should exercise extreme caution when quashing…
Thursday, August 27 – Limitation For Initiation Of Domestic Violence Proceedings: Revisiting The Ratio In KamatchiAuthor. Jegan.M. Advocate Practicing at Madurai Bench of Madras High Court….
Wednesday, August 26 – No ambiguity: Section 351 of BNS is a non-bailable offence in Tamil NaduThiru. Sunil Nisi Kumar A holds “B.A. LL.B. (Hons.) and LL.M” degrees, and is a practising advocate appearing before the “Hon’ble Madras High Court” and trial courts across Tamil Nadu. He completed his law degree at the *School of Excellence in Law, Chennai, and later earned an LL.M. in Intellectual Property and Trade Law from Christ University, Bangalore….
Wednesday, August 26 – Supreme Court again discouraging DV Act proceedings after a valid divorce compromiseThe Supreme Court ruled that reviving waived financial claims from a mutual divorce settlement through fresh Domestic Violence Act proceedings is an abuse of process. However, while the spouses are bound by their settlement, independent dependents—such as an adult daughter—retain their statutory right to pursue their own monetary…
Sunday, August 23 – Corroboration of testimony of child witness before a conviction is requiredDue to a lack of conclusive evidence, the Supreme Court has allowed the appeal, overturned the previous High Court judgment, and fully acquitted the appellant, discharging their bail…
Sunday, August 23 – Prosecution has proved the case through hostile witnessThe High Court overturned an acquittal and imposed a life sentence for murder based on reliable, corroborated eyewitness testimony. The ruling affirmed that minor medical discrepancies don’t invalidate credible eyewitnesses, a victim’s hospital statements hold evidentiary weight, and partially hostile witnesses can still support the prosecution by verifying recovery…
Saturday, August 22 – The facts of the present case can be brought under exception I of Section 300 of IPC and thus is punishable u/s. 304(I) of IPC and not u/s. 302 of IPCMURUGESH VS STATE REP BY INSPECTOR OF…
Saturday, August 22 – Recall: 70(2) CrPC: Only Revision lies against order issuing against NBW and not Crl.O.P jurisdiction [Editor’s note inside]Only a revision petition can challenge an order refusing to cancel an NBW. The High Court’s inherent power (Section 482) is not a substitute. Courts should handle recall applications quickly without automatically remanding the…
Saturday, August 22 – POCSO: Victim’s testimony before the Court is clear and cogent and almost the same as per the statement recorded u/s. 164 Cr.P.C and there has been no exaggeration or any inconsistencyHere is the revised excerpt with the party names removed:**Excerpt:** In this case, the High Court upheld the accused’s conviction under the POCSO Act, finding the victim’s testimony and medical evidence sufficient without requiring a DNA test. However, the Court reduced the sentence from 20 years to 10 years, ruling that applying the 2019 amendment’s enhanced penalties to an offence committed in 2014 is unconstitutional and barred by Article 20(1) of the…
Friday, August 21 – Discrepancy in the use of the complainant’s fingers (two or five) to pick up the demanded money from his pocket has some bearing while considering the entire evidenceThe Supreme Court held that the prosecution failed to prove the demand for illegal gratification beyond reasonable doubt and that mere recovery or possession of tainted money was insufficient to establish guilt. It also found the sanction against the first accused invalid, as it was not granted by the competent authority. Consequently, the convictions were set aside and both accused were…
Wednesday, August 19 – Rejecting the petition filed under section 156(3) CrPC does not prevent the police to register FIR inasmuch the poser of registering FIR flows from section 154 CrPCThe Court held that rejecting a plea for a court-directed investigation does not bar the subsequent registration of an FIR on similar allegations, as such threshold dismissals are not merit-based adjudications attracting res judicata. The police retain an independent statutory duty to register an FIR upon receiving information disclosing cognizable offences, meaning the present allegations of fraud and forgery must undergo a full investigation rather than being quashed at the…
Saturday, August 15 – Acquittal: Defence of the accused is that the deceased accidentally drowned and the post-mortem report did not suggest homicideThe Supreme Court acquitted the accused because the evidence showed accidental drowning was more likely than murder, as the medical report did not prove homicide, the FIR was delayed, the motive was weak, and the witnesses did not clearly prove…
Friday, August 14 – Alibi: Quash: The service certificate is not a disputed one thus the High Court can quash the criminal proceedings on the fact of alibi based on that certificateThe Supreme Court quashed criminal proceedings involving dowry death llegations, ruling that continuing the trial would constitute an abuse of the legal process. Indisputable Armed Forces service records confirmed the accused was on official duty elsewhere during the incident, and co-accused relatives were already acquitted on identical evidence. The Court emphasized that technical procedural rules cannot compel a trial when unimpeachable documentary evidence definitively disproves the…
Thursday, August 13 – Section 161 CrPC witness statements cannot be used to convict the accused only their testimony can be used to convict or acquit the accusedThe ratio decidendi is that a criminal conviction cannot be sustained solely on the basis of dying declarations and the invocation of Section 106 when major unexplained discrepancies in timing, medical contradictions rendering the victim’s physical capacity to make coherent statements highly doubtful, and the failure of the prosecution to independently establish a foundational chain of reliable incriminating circumstances collectively generate a reasonable doubt regarding the guilt of the…
Tuesday, August 11 – Rape of child: Acquittal based on the Forensic Lab Report which is inconsistent with the testimony of the witness before the courtThe Court said the conviction could not stand because the evidence and dying declarations were doubtful and not well supported. The prosecution had to clearly prove that the death was murder and prove all key facts beyond reasonable doubt. Since the medical evidence raised doubt about whether the victim could give a statement, and witnesses supported the possibility of suicide, the accused was entitled to acquittal. [Paragraphs 13,…
Monday, August 10 – Acquittal: A confession taken from a suspected person in police custody by using third-degree methods is not acceptable as evidence hence trial court conviction is set asideThe ratio decidendi established by the Court is that appellate courts cannot dismiss criminal appeals involving severe sentences like life imprisonment solely on the ground of delay or limitation. Also, institutional failure in processing jail appeals or providing effective legal representation to prisoners prejudices the fundamental right to personal liberty and a fair trial under Article 21 of the Constitution of India [paragraphs 2, 12,…
Sunday, August 9 – Acquittal: Since the limitation for a suit for money recovery has expired a criminal case cannot be used for money recoveryWhen a money recovery claim is time-barred, it should not be pursued through criminal proceedings unless there is clear proof of cheating from the…
Sunday, August 9 – Madras High Court Quashed: Section 69 and 351(2) BNS: Distinction between a promise to marry and a mere breach of promise due to later circumstances explained.PRAYER: Petition filed under Section 528 BNSS to call for the records pertaining to PRC.No.75 of 2025 on the file of the Judicial Magistrate No.III, Dindigul and quash the…
Sunday, August 9 – Hon’ble Madras High Court suggests the need for structured and digital handling practices for e-filing of final report by district registry staff and policePrayer: Criminal Original Petition filed under Section 528 of BNSS, to call for the records in Crime No.156 of 2020 on the file of the first respondent and quash the…
Sunday, August 9 – Sudalaimani case upheld & Selvam case distinguished: Confession given the police during investigation cannot be used in favour of the accused due to the bar u/s 162 Cr.P.CCriminal Appeal filed under Section 374(2) of Cr.P.C. to call for the entire records in connection with S.C.No.139 of 2015 on the file of the Mahalir Neethi Mandram (Fast Track Court), Tiruppur and set aside the conviction and sentence imposed by the Mahalir Neethi Mandram (Fast Track Court), Tiruppur by judgment dated 26.12.2019 in S.C.No.139 of…
Saturday, August 8 – Remedy and Challenges after the order of the Magistrate for FIR DirectionAuthor: Thiru. Jegan Manohar (Ms.No.1567/2020), Advocate, Practicing before the Madurai Bench of the Madras High court. Email.@jeganmanohar26@gmail.com. (Views and opinions are…
Saturday, August 8 – Madras High Court: 14% of the disproportionate assets is inconsistent with the known sources of income thus conviction upheldPrayer: Criminal Appeal filed under Section 374 of Code of Criminal Procedure, against the Judgment of the learned XIII Additional Judge for CBI Cases, Chennai made in C.C.No.38 of 2010 on his file dated 06.06.2014 convicting the accused / appellant herein under Section 13 (2) r/w 13 (1) (e) of the Prevention of Corruption Act, 1988 and sentencing him to undergo two years R.I.and to pay a fine of Rs.20,000/- in default to undergo 3 months simple…
Friday, August 7 – Cheque conviction: The accused has only relied upon plausible theories with conjectures and surmisesThis Supreme Court of India judgment concerns a criminal appeal involving the dishonour of a cheque under Section 138 of the Negotiable Instruments Act. The dispute originated from a loan of ₹4,50,000 provided by the appellant to the respondent, which resulted in a convicted status at the trial level after the repayment cheque was returned for insufficient funds. However, the Karnataka High Court later overturned this conviction, questioning the appellant’s financial capacity to provide such…
Wednesday, July 29 – Murder acquittal: No revision against the order of acquittal whereas the remedy of appeal is available in Cr.P.C after 2009 amendmentThe Supreme Court allowed the appeal and restored the trial court’s judgment of acquittal in a 1988 murder case, holding that an acquittal fortifies the presumption of innocence and cannot be disturbed or remitted under revisional jurisdiction when the trial court’s view is plausible. Upon re-evaluating the evidence, the Court found the eyewitness testimonies uncredible, the alleged dying declarations doubtful, and the scene of occurrence suspect. It held that the mere recovery of a…
Sunday, July 26 – Quashing of Multiple FIRs: A citizen of India may approach S.C through Article 32 is a fundamental right but may follow judicial principle and orderly procedure at firstThe petitioner Rutvij Bhagat Singh Wakhare instituted a writ petition under Article 32 before the Supreme Court seeking to quash or club multiple FIRs arising from cyber fraud, wherein the Court held that a direct Article 32 petition to quash criminal proceedings without establishing fundamental rights violations is not maintainable, and that clubbing multiple FIRs is impermissible when each relates to distinct transactions by different victims with no live…
Sunday, July 26 – Denovo Trial: Unusual recording of confession statements based on judicial directions and the doubt of subsequent insertion of statutory warning in the confession creates serious doubtsThis judgment adjudicates a batch of criminal appeals stemming from a devastating bomb explosion on a public transport bus in 1996, which resulted in fourteen fatalities and numerous injuries. The Supreme Court reviewed the convictions and sentences, including a death penalty, alongside appeals against the acquittal of several co-accused individuals. Upon thorough scrutiny, the Court found that the trial of the primary convicted individual was constitutionally flawed because they were denied…
Tuesday, July 21 – NDPS:Even if the independent witnesses to the seizure memo turned hostile conviction can be based on official witnesses if it inspires confidenceEven if the independent witnesses to the seizure memo turned hostile conviction can be based on official witnesses if it inspires…
Tuesday, July 21 – Appreciation of the quantum of sentence is explainedThe Supreme Court partly allowed the appeal strictly regarding the quantum of sentence for a conviction under Section 376-D IPC, reducing the punishment from imprisonment for the remainder of natural life to the statutory minimum of twenty years with remission benefits. Applying the doctrine of proportionality, the Court balanced the heinous nature of the crime against mitigating factors—such as the offender’s young age, lack of criminal antecedents, good prison conduct, and potential for…
Sunday, July 19 – If the Magistrate cannot direct the I.O to file a particular opinion (charge sheet) then the S.P has no power to direct the sameThe Supreme Court acquitted the accused, overturning the lower courts’ decisions regarding a dowry death conviction. The prosecution failed to prove beyond a reasonable doubt that the victim’s fatal burn injuries resulted from marital cruelty, lacking concrete evidence, an immediate FIR, and a postmortem report. Conversely, the defense provided uncontroverted proof of an accidental fire and a stable marriage, supported by an exculpatory dying declaration and joint financial records. Emphasizing…
Wednesday, July 15 – Murder: Conviction: Corpus delicti means that the offence has been committed and not that the dead body of the murdered person has been recoveredAppeal 1. The present criminal appeal is directed against the judgment and order dated 22.12.2022 passed by the Division Bench of the High Court of Gauhati at Guwahati in Criminal Appeal (J) No. 16/2019. By the impugned judgment and order, the High Court dismissed the appeal filed by the appellant and upheld the order of…
Tuesday, July 14 – As per section 21 POCSO Act only those who received credible information directly could be prosecuted for failure to report and not all the teachers or office bearers of the institution also no suppression of information is reportedThe Supreme Court of India partially overturned a High Court order that discharged school staff for failing to report a minor’s sexual assault under the POCSO Act and IPC. The Court ruled that under Section 19(1) of the POCSO Act, statutory “knowledge” of an offense includes receiving credible, direct information from a victim, rejecting the lower courts’ view that a lack of physical or medical evidence negates this knowledge. Emphasizing that mandatory reporting duties cannot be bypassed or…
Wednesday, July 8 – Anticipatory Bail is not needed in complaint cases if apprehension of arrest is only by the police1. We have heard learned counsel for the petitioners and also learned counsel for the State who has appeared on advance notice. 2. This anticipatory bail application arises out of a Complaint Case No. 410 of 2023 pending on the file of Learned Chief Judicial Magistrate, Division, Madhubani, State of Bihar. 3. This Court has…
Sunday, July 5 – Honour killing: The court must see whether a hostile witness is totally discredited if not the court should not discard his testimony entirelyIn an honour killing case, the Hon’ble S.C upheld the Madras High Court by giving a detailed research judgment, particularly handling the hostile…
