Penal Code, 1860 - Appeal against judgment of Allahabad HC which acquitted accused by setting aside conviction recorded by Trial Court under Section 302 and 148 IPC - Partly allowed - Accused convicted under Section 304 Part I r/w Section 149 IPC and for the offence under Section 148 IPC. State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6...
Penal Code, 1860 - Appeal against judgment of Allahabad HC which acquitted accused by setting aside conviction recorded by Trial Court under Section 302 and 148 IPC - Partly allowed - Accused convicted under Section 304 Part I r/w Section 149 IPC and for the offence under Section 148 IPC. State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6 SCC 508
Penal Code, 1860 - Appeal against judgment of Allahabad HC which acquitted accused by setting aside conviction recorded by Trial Court under Section 302 and 148 IPC - Partly allowed - Accused convicted under Section 304 Part I r/w Section 149 IPC and for the offence under Section 148 IPC. State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6 SCC 508
Penal Code, 1860 - Appeal filed by two accused concurrently convicted in a murder case by invoking Section 34 IPC - Allowed - They are entitled to the benefit of doubt on the ground that it cannot be with certainty held that they had common intention - Given the acts attributed to them, the assault by the main accused and the resultant outcome were unexpected. Krishnamurthy @ Gunodu vs State of Karnataka, 2022 LiveLaw (SC) 220 : 2022 (4) SCALE 176
Penal Code, 1860; Section 34 - A co -perpetrator, who shares a common intention, will be liable only to the extent that he intends or could or should have visualized the possibility or probability of the final act. If the final outcome or offence committed is distinctly remote and unconnected with the common intention, he would not be liable - Merely accompanying the principal accused may not establish common intention - A co -perpetrator, who shares a common intention, will be liable only to the extent that he intends or could or should have visualized the possibility or probability of the final act - The ambit should not be extended so as to hold a person liable for remote possibilities, which were not probable and could not be envisaged. (Para 13, 19) Krishnamurthy @ Gunodu vs State of Karnataka, 2022 LiveLaw (SC) 220 : 2022 (4) SCALE 176
Penal Code, 1860; Section 34 - A mere common intention per se may not attract Section 34 IPC, sans an action in furtherance - The word "furtherance" indicates the existence of aid or assistance in producing an effect in future. Thus, it has to be construed as an advancement or promotion - Scope of Section 34 IPC discussed. (Para 26, 28) Jasdeep Singh @ Jassu v. State of Punjab, 2022 LiveLaw (SC) 19 : AIR 2022 SC 805 : (2022) 2 SCC 545
Penal Code, 1860; Section 34 - Appeal against concurrent conviction of appellant by invoking Section 34 IPC - Allowed - The prosecution has failed to prove ingredients of Section 34 of IPC in this case - non examination of two crucial eye witnesses makes the prosecution case about the existence of a prior concert and prearranged plan extremely doubtful. Gadadhar Chandra v. State of West Bengal, 2022 LiveLaw (SC) 287 : (2022) 6 SCC 576
Penal Code, 1860; Section 34 - Common Intention - Once it has been established and proved by the prosecution that all the accused came at the place of incident with a common intention to kill the deceased and as such, they shared the common intention, in that case it is immaterial whether any of the accused who shared the common intention had used any weapon or not and/or any of them caused any injury on the deceased or not. (Para 4.2) State of MP v. Ramji Lal Sharma, 2022 LiveLaw (SC) 258 : AIR 2022 SC 1366
Penal Code, 1860; Section 34 - Common intention presupposes prior concert. It requires meeting of minds, a prearranged plan before a man can be vicariously convicted for the criminal act of another. The criminal act must have been done in furtherance of the common intention of all the accused. In a given case, the plan can be formed suddenly. (Para 9) Gadadhar Chandra v. State of West Bengal, 2022 LiveLaw (SC) 287 : (2022) 6 SCC 576
Penal Code, 1860; Section 34 - For Section 34 to apply, it is not necessary that the plan should be pre -arranged or hatched for a considerable time before the criminal act is performed. Common intention can be formed just a minute before the actual act happens. (Para 18) Krishnamurthy @ Gunodu vs State of Karnataka, 2022 LiveLaw (SC) 220 : 2022 (4) SCALE 176
Penal Code, 1860; Section 34 - Relevant Facts - The manner in which the accused arrived, mounted the attack, nature and type of injuries inflicted, the weapon used, conduct or acts of the co -assailants/perpetrators, object and purpose behind the occurrence or the attack etc. are all relevant facts from which inference has to be drawn to arrive at a conclusion whether or not the ingredients of Section 34 IPC are satisfied. (Para 18) Krishnamurthy @ Gunodu vs State of Karnataka, 2022 LiveLaw (SC) 220 : 2022 (4) SCALE 176
Penal Code, 1860; Section 34 - Section 34 IPC comes into operation against the co -perpetrators because they have not committed the principal or main act, which is undertaken/performed or is attributed to the main culprit or perpetrator. Where an accused is the main or final perpetrator, resort to Section 34 IPC is not necessary as the said perpetrator is himself individually liable for having caused the injury/offence. A person is liable for his own acts. (Para 18) Krishnamurthy @ Gunodu vs State of Karnataka, 2022 LiveLaw (SC) 220 : 2022 (4) SCALE 176
Penal Code, 1860; Section 34 - The expression "common intention" should also not be confused with "intention" or "mens rea" as an essential ingredient of several offences under the IPC - For some offences, mental intention is not a requirement but knowledge is sufficient and constitutes necessary mens rea. Section 34 IPC can be invoked for the said offence also - In some cases, intention, which is ingredient of the offence, may be identical with the common intention of the co -perpetrators, but this is not mandatory. (Para 18) Krishnamurthy @ Gunodu vs State of Karnataka, 2022 LiveLaw (SC) 220 : 2022 (4) SCALE 176
Penal Code, 1860; Section 45 and 53 - Constitution of India, 1950; Article 72 and 161 - Code of Criminal Procedure, 1973; Section 432, 433 and 433A - There can be imposition of life imprisonment without any remission till the last breath as a substitution of death sentence. (Para 3) Ravindra v. Union of India, 2022 LiveLaw (SC) 156
Penal Code, 1860; Section 96-106 - Right of Private Defence - Accused need not prove the existence of private self-defence beyond reasonable doubt and that it would suffice if he could show that the preponderance of probabilities is in favour of his plea, just as in a civil case. (Para 12) Ex.Ct. Mahadev v. Director General, Border Security Force, 2022 LiveLaw (SC) 551 : AIR 2022 SC 2986
Penal Code, 1860; Section 96-106 - Right of Private Defence - The right of private defence is necessarily a defensive right which is available only when the circumstances so justify it. The circumstances are those that have been elaborated in the IPC. Such a right would be available to the accused when he or his property is faced with a danger and there is little scope of the State machinery coming to his aid. At the same time, the courts must keep in mind that the extent of the violence used by the accused for defending himself or his property should be in proportion to the injury apprehended. This is not to say that a step to step analysis of the injury that was apprehended and the violence used is required to be undertaken by the Court; nor is it feasible to prescribe specific parameters for determining whether the steps taken by the accused to invoke private self-defence and the extent of force used by him was proper or not. The Court's assessment would be guided by several circumstances including the position on the spot at the relevant point in time, the nature of apprehension in the mind of the accused, the kind of situation that the accused was seeking to ward off, the confusion created by the situation that had suddenly cropped up resulting the in knee jerk reaction of the accused, the nature of the overt acts of the party who had threatened the accused resulting in his resorting to immediate action, etc. The underlying factor should be that such an act of private defence should have been done in good faith and without malice. Ex.Ct. Mahadev v. Director General, Border Security Force, 2022 LiveLaw (SC) 551 : AIR 2022 SC 2986
Penal Code, 1860; Section 120B - Criminal Conspiracy - To make out a case of larger criminal conspiracy, it is essential to establish a link indicative of meeting of minds of the concerned persons for commission of the crime(s). (Para 44) Zakia Ahsan Jafri v. State of Gujarat, 2022 LiveLaw (SC) 558 : 2022 (9) SCALE 385
Penal Code, 1860; Section 124A - Sedition - All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance. Adjudication with respect to other Sections, if any, could proceed if the Courts are of the opinion that no prejudice would be caused to the accused - If any fresh case is registered under Section 124A of IPC, the affected parties are at liberty to approach the concerned Courts for appropriate relief. The Courts are requested to examine the reliefs sought, taking into account the present order passed as well as the clear stand taken by the Union of India - We hope and expect that the State and Central Governments will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC while the aforesaid provision of law is under consideration. (Para 8) S.G. Vombatkere v. Union of India, 2022 LiveLaw (SC) 470 : (2022) 7 SCC 43
Penal Code, 1860; Section 124A - Sedition -Centre's affidavit that it has decided to re-examine and re-consider the provision - it is clear that the Union of India agrees with the prima facie opinion expressed by this Court that the rigors of Section 124A of IPC is not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime. In light of the same, the Union of India may reconsider the aforesaid provision of law. (Para 5) S.G. Vombatkere v. Union of India, 2022 LiveLaw (SC) 470 : (2022) 7 SCC 43
Penal Code, 1860; Section 148 - Merely because three persons were chargesheeted / charged / tried and even out of three tried, two persons came to be acquitted cannot be a ground to not to convict the accused under Section 148 IPC when involvement of six to seven persons in commission of the offence has been established and proved. (Para 12) State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6 SCC 508
Penal Code, 1860; Section 148 - Merely because three persons were chargesheeted / charged / tried and even out of three tried, two persons came to be acquitted cannot be a ground to not to convict the accused under Section 148 IPC when involvement of six to seven persons in commission of the offence has been established and proved. (Para 12) State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6 SCC 508
Penal Code, 1860; Section 149 - Code of Criminal Procedure, 1973; Section 464 - Mere non-framing of a charge under Section 149 on face of charges framed against appellant would not vitiate the conviction in the absence of any prejudice caused to them - Mere defect in language, or in narration or in the form of charge would not render conviction unsustainable, provided the accused is not prejudiced thereby - If ingredients of the section are obvious or implicit in the charge framed then conviction in regard thereto can be sustained, irrespective of the fact that said section has not been mentioned. [Referred to Annareddy Sambasiva Reddy Vs. State of Andhra Pradesh, (2009) 12 SCC 546] (Para 7) State of Uttar Pradesh v. Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6 SCC 508
Penal Code, 1860; Section 149 - Code of Criminal Procedure, 1973; Section 464 - Mere non-framing of a charge under Section 149 on face of charges framed against appellant would not vitiate the conviction in the absence of any prejudice caused to them - Mere defect in language, or in narration or in the form of charge would not render conviction unsustainable, provided the accused is not prejudiced thereby - If ingredients of the section are obvious or implicit in the charge framed then conviction in regard thereto can be sustained, irrespective of the fact that said section has not been mentioned. [Referred to Annareddy Sambasiva Reddy Vs. State of Andhra Pradesh, (2009) 12 SCC 546] (Para 7) State of Uttar Pradesh v. Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6 SCC 508
Penal Code, 1860; Section 149, 141 - It is an essential condition of an unlawful assembly that its membership must be five or more - Less than five persons may be charged under Section 149 if the prosecution case is that the persons before the Court and other numbering in all more than five composed an unlawful assembly, these others being persons not identified and unnamed. Mahendra v. State of M.P., 2022 LiveLaw (SC) 22
Penal Code, 1860; Section 285 - Essential requirement of Section 285 of IPC w as that the accused must have done something with fire or any combustible matter in a rash and negligent manner to endanger human life. Gurukanwarpal Kirpal Singh v. Surya Prakasam, 2022 LiveLaw (SC) 519
Penal Code, 1860; Section 300 - Point whether culpable homicide would tantamount to murder or not discussed. (Para 6) State of Uttarakhand v. Sachendra Singh Rawat, 2022 LiveLaw (SC) 131 : (2022) 4 SCC 227
Penal Code, 1860; Section 300 - The fact that the accused gave several blows/multiple blows on the vital part of the body – head which resulted into grievous injuries and he used "Phakadiyat" with such a force which resulted in Skull fracture and a frontal wound on left side and wounds with 34 stitches on the left side of the skull extended from mid of the left side of the skull along with coronal sutures of 16 cm, we are of the opinion that the case would fall under Clauses thirdly and fourthly of Section 300 IPC. (Para 7) State of Uttarakhand v. Sachendra Singh Rawat, 2022 LiveLaw (SC) 131 : (2022) 4 SCC 227
Penal Code, 1860; Section 300 and 376 – Rape and Murder - Death Sentence - Abhorrent nature of crime alone cannot be the decisive factor for awarding death sentence - Due consideration to be given to the equally relevant aspect pertaining to mitigating factors before arriving at a conclusion that option of any other punishment than the capital one was foreclosed. (Para 42) Pappu v. State of Uttar Pradesh, 2022 LiveLaw (SC) 144 : 2022 (3) SCALE 45
Penal Code, 1860; Section 302 - Appeal against concurrent conviction under Section 302 - Excessive number of injuries do not ipso facto lead to an inference about involvement of more than one person; rather the nature of injuries and similarity of their size/dimension would only lead to the inference that she was mercilessly and repeatedly stabbed by the same weapon and by the same person - The evidence of the eye -witness to the incident, remains unimpeachable and has been believed by the two Courts - Do not find the present one to be a case of manifest illegality so as to call for interference. Suresh Yadav @ Guddu v. State of Chhattisgarh, 2022 LiveLaw (SC) 217 : 2022 (4) SCALE 260
Penal Code, 1860; Section 302 - Appeal against High Court acquitting some of the accused in a murder case - Allowed - There are no material contradictions between the ocular and medical evidence. The presence of all the accused have been established and proved and the prosecution has also been successful in proving that all the accused shared the common intention - Trial Court judgment restored. State of MP v. Ramji Lal Sharma, 2022 LiveLaw (SC) 258 : AIR 2022 SC 1366
Penal Code, 1860; Section 302 - In order to convict an accused under Section 302, the court is required to first see as to whether the prosecution has proved the factum of homicidal death. (Para 8) Chandrapal v. State of Chhattisgarh, 2022 LiveLaw (SC) 529 : AIR 2022 SC 2542
Penal Code, 1860; Section 302 - Merely because no fracture was noticed and/or found cannot take the case out of Section 302 IPC when the deceased died due to head injury - Injury on the head can be said to be causing injury on the vital part of the body. (Para 7.2) State of U.P. v. Jai Dutt, 2022 LiveLaw (SC) 72 : (2022) 3 SCC 184
Penal Code, 1860; Section 302 - Trial Court does not have the jurisdiction to sentence an accused to life imprisonment which is to extend to the remainder of their life. Narendra Singh @ Mukesh @ Bhura v. State of Rajasthan, 2022 LiveLaw (SC) 247
Penal Code, 1860; Section 302 - Trial Court does not have the jurisdiction to sentence an accused to life imprisonment which is to extend to the remainder of their life. Narendra Singh @ Mukesh @ Bhura v. State of Rajasthan, 2022 LiveLaw (SC) 247
Penal Code, 1860; Section 304A - Doctrine of res ipsa loquitur stricto sensu would not apply to a criminal case - For bringing home the guilt of the accused, prosecution has to firstly prove negligence and then establish direct nexus between negligence of the accused and the death of the victim. Nanjundappa v. State of Karnataka, 2022 LiveLaw (SC) 489 : AIR 2022 SC 2374
Penal Code, 1860; Section 304-B - "Soon before" is not synonymous to "immediately before". (Para 15) State of Madhya Pradesh v. Jogendra, 2022 LiveLaw (SC) 37 : AIR 2022 SC 933 : (2022) 5 SCC 401
Penal Code, 1860; Section 304B - Demand for money raised on the deceased for construction of a house as falling within the definition of the word "dowry". (Para 12-14) State of Madhya Pradesh v. Jogendra, 2022 LiveLaw (SC) 37 : AIR 2022 SC 933 : (2022) 5 SCC 401
Penal Code, 1860; Section 307 - Appeal against Rajasthan High court judgment which partly allowed a criminal appeal by maintaining the conviction of the accused for the offence under Section 307 IPC, but by reducing the sentence from three years rigorous imprisonment to the period already undergone by him in confinement (44 days) - Allowed - Merely because a long period has lapsed by the time the appeal is decided cannot be a ground to award the punishment which is disproportionate and inadequate- trial Court had already taken a very lenient view while imposing the sentence of only three years' rigorous imprisonment. Therefore, the High Court ought not to have interfered with the same. State of Rajasthan v. Banwari Lal, 2022 LiveLaw (SC) 357 : 2022 (6) SCALE 71
Penal Code, 1860; Section 307 - There is no minimum sentence under Section 307 IPC - Discretion has to be exercised judiciously and the sentence has to be imposed proportionately and looking to the nature and gravity of the offence committed and by considering the principles for imposing sentence. (Para 9) State of Rajasthan v. Banwari Lal, 2022 LiveLaw (SC) 357 : 2022 (6) SCALE 71
Penal Code, 1860; Section 307, 324, 34 - Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Anuj Singh @ Ramanuj Singh @ Seth Singh v. State of Bihar, 2022 LiveLaw (SC) 402 : AIR 2022 SC 2817
Penal Code, 1860; Section 323 - Even though any harm might not be directly intended, some aggravated culpability must be attached if the person suffers a grievous hurt or dies as a result thereof. (Para 32) Jaswinder Singh v. Navjot Singh Sidhu, 2022 LiveLaw (SC) 498 : AIR 2022 SC 2441
Penal Code, 1860; Section 323 - The hand can also be a weapon by itself where say a boxer, a wrestler or a cricketer or an extremely physically fit person inflicts the same. This may be understood where a blow may be given either by a physically fit person or to a more aged person. (Para 24) Jaswinder Singh v. Navjot Singh Sidhu, 2022 LiveLaw (SC) 498 : AIR 2022 SC 2441
Penal Code, 1860; Section 324 - Arms Act, 1950 ; Section 27 - Once the charge against the appellants under Section 324 IPC of voluntarily causing injuries by firearm, which is a dangerous weapon stands established, they cannot escape the punishment for using arms prescribed by Section 27 of the Arms Act. (Para 22) Anuj Singh @ Ramanuj Singh @ Seth Singh v. State of Bihar, 2022 LiveLaw (SC) 402 : AIR 2022 SC 2817
Penal Code, 1860; Section 324 - The presence of following ingredients is a must which are as follows: 1. Voluntary hurt caused to another person by the accused, and 2. Such hurt was caused. (Para 21) Anuj Singh @ Ramanuj Singh @ Seth Singh v. State of Bihar, 2022 LiveLaw (SC) 402 : AIR 2022 SC 2817
Penal Code, 1860; Section 354 - Accused was convicted under Section 354 IPC - Sessions Court/ High Court dismissed his appeal/revision - Before Apex Court the accused submitted that a compromise has been entered into between him and the complainant/victim - Dismissing his SLP, the Supreme Court held: No reason to grant any credence to such compromise which is being entered into after the conviction has been confirmed by the High Court. Bimal Chandra Ghosh v. State of Tripura, 2022 LiveLaw (SC) 157
Penal Code, 1860; Section 366 - Appeal against High Court judgment which refused to quash criminal proceedings against the appellant accused of abducting/kidnapping a girl - Allowed - The abductee had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will - No fruitful purpose would be served by relegating the matter for conducting the trial as the same would not be conducive for either of the appellants. It would be a futile exercise. Mafat Lal v. State of Rajasthan, 2022 LiveLaw (SC) 362 : (2022) 6 SCC 589
Penal Code, 1860; Section 366 - Section 366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman. This offence also would not be made out once the abductee has clearly stated that she was in love with the accused and that she left her home on account of the disturbing circumstances at her parental home as the said relationship was not acceptable to her father and that she married the accused on her own free will without any influence being exercised by the accused. Mafat Lal v. State of Rajasthan, 2022 LiveLaw (SC) 362 : (2022) 6 SCC 589
Penal Code, 1860; Section 394 - Appeal by accused convicted under Section 394 IPC - Allowed - Prosecution has not been able to discharge the burden to such an extent that the presumption of innocence weighing in favour of the accused stands displaced. Venkatesh @ Chandra v. State of Karnataka, 2022 LiveLaw (SC) 387
Penal Code, 1860; Section 397 - If the charge of committing the offence is alleged against all the accused and only one among the 'offenders' had used the firearm or deadly weapon, only such of the 'offender' who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC. (Para 17) Ram Ratan v. State of Madhya Pradesh, 2022 LiveLaw (SC) 14 : AIR 2022 SC 518
Penal Code, 1860; Section 397 - The use of the weapon to constitute the offence under Section 397 IPC does not require that the 'offender' should actually fire from the firearm or actually stab if it is a knife or a dagger but the mere exhibition of the same, brandishing or holding it openly to threaten and create fear or apprehension in the mind of the victim is sufficient. (Para 17) Ram Ratan v. State of Madhya Pradesh, 2022 LiveLaw (SC) 14 : AIR 2022 SC 518
Penal Code, 1860; Section 405 - "Entrustment" - It extends to entrustments of all kinds whether to clerks, servants, business partners or other persons, provided they are holding a position of 'trust'. (Para 24) Vijay Kumar Ghai v. State of West Bengal, 2022 LiveLaw (SC) 305 : 2022 (5) SCALE 154
Penal Code, 1860; Section 405 - "Property" - The definition in the section does not restrict the property to movables or immoveable alone - There is no good reason to restrict the meaning of the word 'property' to moveable property only when it is used without any qualification in Section 405. (Para 25) Vijay Kumar Ghai v. State of West Bengal, 2022 LiveLaw (SC) 305 : 2022 (5) SCALE 154
Penal Code, 1860; Section 405, 406 - The sine qua non for attracting the provision is the entrustment of the property with the accused persons. Gurukanwarpal Kirpal Singh v. Surya Prakasam, 2022 LiveLaw (SC) 519
Penal Code, 1860; Section 406, 420 - A man, well versed in commerce, would certainly be expected to check the valuation of the property before entering into any transaction. Jayahari v. State of Kerala, 2022 LiveLaw (SC) 106
Penal Code, 1860; Sections 403, 415 - Appeal against Allahabad High Court order that refused to quash FIR registered against a tenant under Section 415,403 IPC - Allowed - No criminal offence is made out, even if we accept the factual assertions made in the complaint, which was registered as the First Information Report. Neetu Singh v. State of U.P., 2022 LiveLaw (SC) 281
Penal Code, 1860; Sections 403, 415 - Failure to pay rent may have civil consequences, but is not a penal offence under the Indian Penal Code. Neetu Singh v. State of U.P., 2022 LiveLaw (SC) 281
Penal Code, 1860; Sections 406, 420 - Appeal against the judgment of the Calcutta High Court refusing to quash an FIR registered against appellant - Allowed - Two simultaneous proceedings, arising from the same cause of action amounted to an abuse of the process of the law which is barred - It cannot be said that the averments in the FIR and the allegations in the complaint against the appellant constitute an offence under Section 405 & 420 IPC. Vijay Kumar Ghai v. State of West Bengal, 2022 LiveLaw (SC) 305 : 2022 (5) SCALE 154
Penal Code, 1860; Sections 406,420 - Breach of contract cannot give rise to criminal prosecution for cheating - Fraudulent or dishonest intention is the basis of the offence of cheating - A mere breach of contract is not in itself a criminal offence and gives rise to the civil liability of damages. (Para 34) Vijay Kumar Ghai v. State of West Bengal, 2022 LiveLaw (SC) 305 : 2022 (5) SCALE 154
Penal Code, 1860; Sections 406,420 - In order to attract the ingredients of Section of 406 and 420 IPC it is imperative on the part of the complainant to prima facie establish that there was an intention on part of the petitioner and/or others to cheat and/or to defraud the complainant right from the inception. Furthermore it has to be prima facie established that due to such alleged act of cheating, the complainant had suffered a wrongful loss and the same had resulted in wrongful gain for the accused. (Para 42, 23-36) Vijay Kumar Ghai v. State of West Bengal, 2022 LiveLaw (SC) 305 : 2022 (5) SCALE 154
Penal Code, 1860; Sections 416, 420 - Essential ingredients of the offence of cheating are deception on the part of the accused or dishonest inducement by them, resulting in any person delivering any property to such accused or alteration or destruction of whole or any part of valuable security. Gurukanwarpal Kirpal Singh v. Surya Prakasam, 2022 LiveLaw (SC) 519
Penal Code, 1860; Section 420 - To make out a case against a person for the offence under Section 420 of IPC, there must be a dishonest inducement to deceive a person to deliver any property to any other person. (Para 8) Rekha Jain v. State of Karnataka, 2022 LiveLaw (SC) 468 : AIR 2022 SC 2268
Penal Code, 1860; Sections 467, 471 - Evidence Act, 1872; Sections 45, 47, 73 - Appeal against Orissa High Court judgment which quashed the order taking cognizance passed by the Sub-Divisional Judicial Magistrate, under Sections 467 and 471 of the Indian Penal Code, on the ground that the opinion of the handwriting expert on the disputed signatures was non-conclusive - Allowed. Manorama Naik v. State of Odisha, 2022 LiveLaw (SC) 297
Penal Code, 1860; Section 494, 495 – Bigamy - Appeal against Gauhati HC order which dismissed petition seeking to quash criminal proceeding under Sections 494 and 495 of the Indian Penal Code (bigamy) despite the Family Court's finding that the wife did not have a subsisting prior marriage - Allowed - High Court was not justified in coming to the conclusion that the issue as to whether the appellant had a subsisting prior marriage was a 'highly contentious matter' which has to be tried on the basis of the evidence on the record. Musst Rehana Begum v. State of Assam, 2022 LiveLaw (SC) 86 : 2022 (2) SCALE 272
Penal Code, 1860; Section 498A - Allowing prosecution in the absence of clear allegations against relatives of husband would simply result in an abuse of the process of law - If allegations made against them are general and omnibus, they do not warrant prosecution. (Para 19 - 21) Kahkashan Kausar @ Sonam v. State of Bihar, 2022 LiveLaw (SC) 141 : AIR 2022 SC 820 : (2022) 6 SCC 599
Penal Code, 1860; Section 498A - Appeal against the order of the High Court denying permission to Appellant to leave the country - Allowed - The High Court has also not considered the allegations against the Appellant. There is not even any prima facie finding with regard to liability, if any, of the Appellant to the complainant. Deepak Sharma v. State of Haryana, 2022 LiveLaw (SC) 52
Penal Code, 1860; Section 498A - Concern over the misuse of section 498A IPC - the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in -laws of the husband when no prima facie case is made out against them. (Para 18) Kahkashan Kausar @ Sonam v. State of Bihar, 2022 LiveLaw (SC) 141 : AIR 2022 SC 820 : (2022) 6 SCC 599
Penal Code, 1860; Section 498A - Expected approach of the High Court in the event of bona fide settlement of disputes - The duty of the Court to encourage the genuine settlement of matrimonial disputes. (Para 8-9) Rajendra Bhagat v. State of Jharkhand, 2022 LiveLaw (SC) 34
Penal Code, 1860; Section 498A - General and omnibus allegations cannot manifest in a situation where the relatives of the complainant's husband are forced to undergo trial. It has been highlighted by this court in varied instances, that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged. (Para 22) Kahkashan Kausar @ Sonam v. State of Bihar, 2022 LiveLaw (SC) 141 : AIR 2022 SC 820 : (2022) 6 SCC 599
Penal Code, 1860; Section 498A - Incorporation of section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in -laws, by facilitating rapid state intervention. However, it is equally true, that in recent times, matrimonial litigation in the country has also increased significantly and there is a greater disaffection and friction surrounding the institution of marriage, now, more than ever. This has resulted in an increased tendency to employ provisions such as 498A IPC as instruments to settle personal scores against the husband and his relatives. (Para 12) Kahkashan Kausar @ Sonam v. State of Bihar, 2022 LiveLaw (SC) 141 : AIR 2022 SC 820 : (2022) 6 SCC 599
Penal Code, 1860; Section 498A - Taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A. Deepak Sharma v. State of Haryana, 2022 LiveLaw (SC) 52
Penal Code, 1860; Section 498A - When an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious offence. If a lady, i.e., the mother-in-law herein does not protect another lady, the other lady, i.e., daughter-in-law would become vulnerable. (Para 8) Meera v. State, 2022 LiveLaw (SC) 40 : AIR 2022 SC 355 : (2022) 3 SCC 93
Penal Code, 1860; Section 499 - Defamation - Exceptions. (Para 18) Shri Babuji Rawji Shah v. S. Hussain Zaidi, 2022 LiveLaw (SC) 213 : 2022 (4) SCALE 440
Penal Code, 1860; Sections 498A, 304B, 302, 306 - Evidence Act, 1872; Section 32(1) - Dying Declaration - In some circumstances, the evidence of a deceased wife with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC under Section 32(1) of the Evidence Act , subject to meeting certain necessary preconditions (1) That her cause of death must come into question in the matter - For instance, matters where along with the charge under Section 498A of the IPC, the prosecution has also charged the accused under Sections 302, 306 or 304B of the IPC - As long as the cause of her death has come into question, whether the charge relating to death is proved or not is immaterial with respect to admissibility. (2) Prosecution will have to show that the evidence that is sought to be admitted with respect to Section 498A of the IPC must also relate to the circumstances of the transaction of the death. How far back the evidence can be, and how connected the evidence is to the cause of death of the deceased would necessarily depend on the facts and circumstances of each case. No specific straitjacket formula or rule can be given with respect to this. Surendran v. State of Kerala, 2022 LiveLaw (SC) 482 : AIR 2022 SC 2322