The Complete Supreme Court Annual Digest- 2023 [Part-VIII]

Criminal Law

High Courts while exercising Section 482 Cr.P.C. power legally bound to see if accusations constitute any offence. Abhishek Saxena v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1072

No adverse inference against prosecution merely because witnesses are withheld. Maheshwari Yadav v. State of Bihar, 2023 LiveLaw (SC) 1063

Delay in filing fir not satisfactorily explained could be fatal to prosecution case. Sekaran v. State of Tamil Nadu, 2023 LiveLaw (SC) 1052

Mere absconding by accused and remaining untraceable for long can't establish guilt. Sekaran v. State of Tamil Nadu, 2023 LiveLaw (SC) 1052

Section 498A IPC - One trivial instance not sufficient for 'cruelty': Supreme Court quashes case against husband's sisters and cousins. Mahalakshmi v. State of Karnataka, 2023 LiveLaw (SC) 1041

Supreme Court restores cheating case against fugitive Mehul Choksi and wife; says Gujarat High Court erred in quashing FIR. Digvijaysinh Himmatsinh Jadeja v. State of Gujarat, 2023 LiveLaw (SC) 1039

A wrong may be civil wrong, or in a given case be a civil wrong and equally constitute a criminal offence. Digvijaysinh Himmatsinh Jadeja v. State of Gujarat, 2023 LiveLaw (SC) 1039

Court not obligated to frame charges if offences are not made out from admitted evidence of prosecution. Shashikant Sharma v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1037

Section 34 IPC - Common intention doesn't mean prior agreement, it can be formed even a minute before the incident. Ram Naresh v. State of U.P., 2023 LiveLaw (SC) 1036 : (2024) 1 SCC 443 : 2024 Cri LJ 628

Abetment of Suicide - Instigation must be in close proximity to suicide: supreme court quashes case under Section 306 IPC. Mohit Singhal v. State of Uttarakhand, 2023 LiveLaw (SC) 1035 : (2024) 1 SCC 417: 2024 Cri LJ 679

Section 307 IPC - 'Simple injuries, no repeated or severe blows': Supreme Court overturns conviction for attempt to murder. Sivamani v. State, 2023 LiveLaw (SC) 1024

The Supreme Court doubts precedent which limited the High court's scope in deciding discharge applications. Vishnu Kumar Shukla v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1019 : AIR 2024 SC 90

High Courts have a duty to quash vexatious criminal prosecutions. Vishnu Kumar Shukla v. State of Uttar Pradesh, 2023 LiveLaw (SC) 1019 : AIR 2024 SC 90

No expert opinion produced to show if adulterated mixture was sold instead of petrol & diesel : Supreme Court quashes chargesheet. Suresh v. State of M.P., 2023 LiveLaw (SC) 1017

Splitting of trial under Section 317(2) of Cr.P.C. can't be done when further investigation has already been ordered. S. Mujibar Rahman v. State, 2023 LiveLaw (SC) 1016

FIRs in multiple states can't be clubbed when offences under state enactments are also involved. Amandeep Singh Sran v. State of Delhi, 2023 LiveLaw (SC) 1012

Courts where the wife takes shelter after leaving matrimonial home due to cruelty can entertain Section 498a ipc complaint. Priya Indoria v. State of Karnataka, 2023 LiveLaw (SC) 996

Magistrate can't entertain a protest petition against own order taking cognisance. Ramakant Singh v. State of Jharkhand, 2023 LiveLaw (SC) 988

Supreme Court explains essentials to prove conspiracy while affirming life sentence to convicts in Kerala hooch tragedy. Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974

E-Copies of trial court records will help faster disposal of criminal appeals: Supreme Court suggests amendments to SC rules. Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974

No hard and fast rule that a convict must undergo a particular period of sentence before seeking its suspension. Vishnubhai Ganpatbhai Patel v. State of Gujarat, 2023 LiveLaw (SC) 955

For conviction under Section 149 IPC, no overt act needed; membership of unlawful assembly enough. Parshuram v. State of Madhya Pradesh, 2023 LiveLaw (SC) 953 : AIR 2023 SC 5685 : 2024 CriLJ 81

Accused can't be given opportunity to explain before filing final report : Supreme Court sets aside 'strange' HC Order. Shiv Kumar Sharma v. State of Madhya Pradesh, 2023 LiveLaw (SC) 950

Second petition under Section 482 Cr.P.C on grounds available at the time of first petition not maintainable. Bhisham Lal Verma V. State of Uttar Pradesh, 2023 LiveLaw (SC) 935

Section 313 Cr.P.C. - 'Right to remain silent not be used against accused' : Supreme Court summarises 12 principles. Indrakunwar v. State of Chhattisgarh, 2023 LiveLaw (SC) 932 : AIR 2023 SC 5221

Requirement for disclosures in criminal trial can't step over right to privacy : Supreme Court acquits woman accused of killing newborn. Indrakunwar v. State of Chhattisgarh, 2023 LiveLaw (SC) 932 : AIR 2023 SC 5221

SLPs in criminal cases don't divulge crucial information : Supreme Court says changes in rules of practice needed. Kulwinder Singh v. State of Punjab, 2023 LiveLaw (SC) 928

Court's duty to ensure witnesses are not under threat: Supreme Court cancels accused's bail after witnesses turn hostile, orders fresh examination. Munilakshmi v. Narendra Babu, 2023 LiveLaw (SC) 924 : AIR 2023 SC 5620

Criminal Justice System - The Courts are under an onerous duty to ensure that the criminal justice system is vibrant and effective; perpetrators of the crime do not go unpunished; the witnesses are not under any threat or influence to prevent them from deposing truthfully and the victims of the crime get their voices heard at every stage of the proceedings. (Para 21) Munilakshmi v. Narendra Babu, 2023 LiveLaw (SC) 924 : AIR 2023 SC 5620

Conviction under Section 498-A IPC can be upheld despite acquittal under Section 304-B IPC. Paranagouda v. State of Karnataka, 2023 LiveLaw (SC) 915

'Hurried trial' - Supreme Court sets aside death penalty given in child rape-murder case within 23 days; orders fresh trial. Naveen @ Ajay v. State of Madhya Pradesh, 2023 LiveLaw (SC) 908 : AIR 2023 SC 5254

Section 149 IPC - Prosecution must prove the accused was aware of offences likely to be committed to achieve common object. Naresh @ Nehru v. State of Haryana, 2023 LiveLaw (SC) 880

Accused has no right to produce any material at the time of framing of charge. State of Gujarat v. Dilipsingh Kishorsinh Rao, 2023 LiveLaw (SC) 874

Distinction between 'common intention' and 'common object' : Supreme Court explains while setting aside conviction in triple murder case. Chandra Pratap Singh v. State of M.P., 2023 LiveLaw (SC) 870 : (2023) 10 SCC 181 : AIR 2023 SC 5012

'If convict's advocate was absent, HC should've appointed a lawyer for him' : Supreme Court criticises High Court deciding criminal appeal without hearing. Chandra Pratap Singh v. State of M.P., 2023 LiveLaw (SC) 870 : (2023) 10 SCC 181 : AIR 2023 SC 5012

Section 313 CrPC - Failure to put incrimination circumstances to the accused will not vitiate trial if no prejudice is caused. Sunil v. State of NCT of Delhi, 2023 LiveLaw (SC) 815 : AIR 2023 SC 4822

High time to have code of investigation for police so that guilty don't walk free on technicalities. Rajesh v. State of Madhya Pradesh, 2023 LiveLaw (SC) 814 : AIR 2023 SC 4759

Supreme Court acquits two death row convicts, perplexed at trial court & hc awarding capital punishment despite loopholes in evidence. Rajesh v. State of Madhya Pradesh, 2023 LiveLaw (SC) 814

Supreme Court refuses to quash FIR against UP Congress leader over alleged 'Modi-Adani love affair' remark. Sachin Chaudhary v. State of U.P., 2023 LiveLaw (SC) 797

Criminal liability of transferee company for acts of transferor company after amalgamation: Supreme Court explains. Religare Finvest Ltd v. State of NCT of Delhi, 2023 LiveLaw (SC) 790 : AIR 2023 SC 4537 : (2024) 1 SCC 797

DBS bank directors can't be prosecuted for acts of Lakshmi Vilas bank before amalgamation: Supreme Court quashes criminal case. Religare Finvest Ltd v. State of NCT of Delhi, 2023 LiveLaw (SC) 790 : AIR 2023 SC 4537 : (2024) 1 SCC 797

'Can't convict one accused & acquit another when evidence is the same': supreme court acquits persons who didn't file an appeal. Javed Shaukat Ali Qureshi v. State of Gujarat, 2023 LiveLaw (SC) 782 : AIR 2023 SC 4444 : (2023) 9 SCC 164

Standard of proof to prove insanity is only 'reasonable doubt' : Supreme Court acquits man accused of killing his grandfather. Rupesh Manger (Thapa) v. State of Sikkim, 2023 LiveLaw (SC) 781 : AIR 2023 SC 4431 : (2023) 9 SCC 739

Supreme Court refers sedition law challenge to larger bench, says new bill to replace IPC can't affect past cases. S.G. Vombatkere v. Union of India, 2023 LiveLaw (SC) 780

The Supreme Court upholds life sentence for men who murdered woman alleging witchcraft. Bhaktu Gorain v. State of West Bengal, 2023 LiveLaw (SC) 779 : AIR 2023 SC 4386

'State assisted accused, failed to prosecute fairly': Supreme Court directs Bihar Govt to compensate victims in 1995 double murder case. Harendra Rai v. State of Bihar, 2023 LiveLaw (SC) 760 : AIR 2023 SC 4331

Judge is not a mere recording machine; must actively search for truth in trial : Supreme Court sends back death penalty matter to HC. Munna Pandey v. State of Bihar, 2023 LiveLaw (SC) 744

Section 162 CrPC does not prevent a trial court from putting questions to witnesses suo motu to contradict them. Munna Pandey v. State of Bihar, 2023 LiveLaw (SC) 744

Section 323 Cr.P.C. - Power can be invoked even after deposition / chief examination of witness. Archana v. State of West Bengal, 2023 LiveLaw (SC) 742

HC can act on Section 482 petition to quash FIR even if chargesheet has been filed during its pendency. Abhishek v. State of Madhya Pradesh, 2023 LiveLaw (SC) 731 : AIR 2023 SC 4209

'Far-fetched, vague allegations' : Supreme Court quashes Section 498A IPC case by wife against mother-in-law & brothers-in-law. Abhishek v. State of Madhya Pradesh, 2023 LiveLaw (SC) 731

Magistrate can take cognizance of a protest petition after rejecting the police final report. Zunaid v. State of U.P., 2023 LiveLaw (SC) 730 : AIR 2023 SC 4550

Remission shouldn't be denied solely on reports of presiding judge or police : Supreme Court lays down factors for premature release. Rajo @ Rajwa @ Rajendra Mandal v. State of Bihar, 2023 LiveLaw (SC) 717 : AIR 2023 SC 4084

Section 307 IPC - Conviction for attempt to murder can be sustained even if injuries to the complainant were very simple in nature. S.K. Khaja v. State of Maharashtra, 2023 LiveLaw (SC) 715

Chargesheet filed in a language which the accused does not understand is not illegal; translation can be given. Central Bureau of Investigation v. Narottam Dhakad, 2023 LiveLaw (SC) 708 : AIR 2023 SC 4066

Test identification parade not violative of Article 20(3) of Constitution; accused cannot refuse to join TIP. Mukesh Singh v. State (NCT of Delhi), 2023 LiveLaw (SC) 703 : AIR 2023 SC 4097

Section 202(1) Cr.P.C. procedure mandatory when one of the accused is a resident of a place outside magistrate's jurisdiction. Odi Jerang v. Nabajyoti Baruah, 2023 LiveLaw (SC) 702

'Great caution needed' : Supreme Court lists out factors to be considered while relying on dying declarations. Irfan @ Naka v. State of Uttar Pradesh, 2023 LiveLaw (SC) 698 : AIR 2023 SC 4129

Supreme Court acquits convict on death row; orders immediate release. Irfan @ Naka v. State of Uttar Pradesh, 2023 LiveLaw (SC) 698

Supreme Court sets aside order suspending conviction of Lakshadweep MP Mohammed Faizal; asks Kerala HC to decide afresh. U.T. Administration of Lakshadweep v. Mohammed Faizal, 2023 LiveLaw (SC) 690

Supreme Court on evaluating criminal revision petition - Presence of party not obligatory. Taj Mohammed v. State of Uttar Pradesh, 2023 LiveLaw (SC) 689

'Presumption of innocence a human right; life & liberty are not matters to be trifled with': Supreme Court acquits 1995 murder case accused. Suresh Thipmppa Shetty v. State of Maharashtra, 2023 LiveLaw (SC) 682

Principle “falsus in uno, falsus in omnibus” not applicable to Indian Courts : Supreme Court Reiterates. T.G. Krishnamurthy v. State of Karnataka, 2023 LiveLaw (SC) 671

Section 149 IPC - Cannot expect witness to speak about specific overt act by each accused with graphic detail. Bhole v. State of Madhya Pradesh, 2023 LiveLaw (SC) 669

"Shabby trial, tainted investigation": Supreme Court reverses acquittal of former MP Prabhunath Singh in 1995 double murder case. Harendra Rai v. State of Bihar, 2023 LiveLaw (SC) 664

'Prosecutor has duty to State, accused and Court; they are not representatives of any party. Harendra Rai v. State of Bihar, 2023 LiveLaw (SC) 664

Supreme Court allows former MP & murder convict Prabhunath Singh to appear virtually for hearing on sentence. Harendra Rai v. State of Bihar, 2023 LiveLaw (SC) 664

Supreme Court sentences former MP Prabhunath Singh to life imprisonment in 1995 double murder case. Harendra Rai v. State of Bihar, 2023 LiveLaw (SC) 664

Maharashtra Co-Operative Societies Act does not curtail power of police investigation under Cr.P.C. Dhanraj N. Asawani v. Amarjeetsingh Mohindersingh Basi, 2023 LiveLaw (SC) 652

If an escaped convict already serving life term is subsequently convicted, subsequent sentence will run concurrently with previous life sentence. State of Andhra Pradesh v. Vijayanagram Chinna Redappa, 2023 LiveLaw (SC) 647

Supreme Court orders release of vegetable vendor convicted for possessing 43 counterfeit ten rupees notes. Palanisamy v. State, 2023 LiveLaw (SC) 643

Correctness of witness statements cannot be decided in Section 482 Cr.P.C. proceedings. Manik B. v. Kadapala Sreyes Reddy, 2023 LiveLaw (SC) 642

To attract Section 306 IPC, there must be evidence to substantiate existence of suicide. Yaddanapudi Madhusudhana Rao v. State of Andhra Pradesh, 2023 LiveLaw (SC) 641

Registration of FIR mandatory if information discloses cognizable offence : supreme court reiterates. Sindhu Janak Nagargoje v. State of Maharashtra, 2023 LiveLaw (SC) 639

The Supreme Court sets aside directions issued by P&H High Court regarding appearance of prosecution witnesses. State of Haryana v. Darshan Singh, 2023 LiveLaw (SC) 638

Supreme Court sets aside Calcutta HC order allowing FIR against Suvendhu Adhikari; asks CJ to take fresh decision. Suvendu Adhikari v. State of West Bengal, 2023 LiveLaw (SC) 636

Sessions Court should first see if the case is of 'culpable homicide not amounting to murder' before proceeding with murder trial. Shaji v. State of Kerala, 2023 LiveLaw (SC) 625

Section 482 Cr.P.C. - Criminal antecedents of accused cannot be the sole consideration to decline to quash criminal proceedings. Mohammad Wajid v. State of U.P., 2023 LiveLaw (SC) 624 : AIR 2023 SC 3784

Supreme Court quashes Gujarat Police FIR against senior advocate & former ASG IH Syed after complainant says allegation was based on misconception. Iqbal Hasanali Syed v. State of Gujarat, 2023 LiveLaw (SC) 620

Threatening a person to withdraw fir/complaint or settle dispute will not attract offence under Section 195A IPC. Salib @ Shalu @ Salim v. State of U.P., 2023 LiveLaw (SC) 618

Section 482 Cr.P.C. - The High Court can try to read in between the lines while considering a plea to quash the FIR. Mahmood Ali v. State of U.P., 2023 LiveLaw (SC) 613 : AIR 2023 SC 3709

15 days police custody meant to be applied to the entire period of investigation as a whole : Supreme Court doubts 1992 precedent. V. Senthil Balaji v. State, 2023 LiveLaw (SC) 611

The Supreme Court vacated a stay order in a 16-year-old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments. Gulshan Bajwa v. Registrar, High Court of Delhi, 2023 LiveLaw (SC) 608

'Trivial' : Supreme Court quashes 2014 criminal case over petty office altercation. Sunil Kumar v. State of U.P., 2023 LiveLaw (SC) 606

The Supreme Court reduced the sentence awarded to a woman for assaulting a government official during a laborer's protest 30 years ago. Razia Khan v. State of M.P., 2023 LiveLaw (SC) 605

Judge also has a public duty to see that the guilty man does not escape : the supreme court upholds the conviction of a man for killing wife. Wazir Khan v. State of Uttarakhand. 2023 LiveLaw (SC) 601 : AIR 2023 SC 3778 : (2023) 8 SCC 597

Section 202(1) Cr.P.C. - Magistrate has to examine witnesses named in the complaint before dismissing the complaint u/Sec 203 Cr.P.C. Dilip Kumar v. Brajraj Shrivastava, 2023 LiveLaw (SC) 597

'Strictly follow Arnesh Kumar guidelines on arrest': Supreme Court directs High Courts & DGPs to ensure compliance. Md. Asfak Alam v. State of Jharkhand, 2023 LiveLaw (SC) 583 : AIR 2023 SC 3610 : (2023) 8 SCC 632

Not necessary to give opportunity of hearing to person summoned u/section 319 Cr.P.C. before adding him as accused. Yashodhan Singh v. State of U.P., 2023 LiveLaw (SC) 576 : AIR 2023 SC 3878 : (2023) 9 SCC 108

Section 319 Cr.P.C. - Merits of evidence has to be appreciated only during trial; not at the stage of summoning the accused. Sandeep Kumar v. State of Haryana, 2023 LiveLaw (SC) 573 : AIR 2023 SC 3648

Modality proposed by Calcutta High Court to CBI for filing appeals not a mandate. Central Bureau of Investigations v. S.R. Ramamani, 2023 LiveLaw (SC) 558

Teesta Setalvad case - 'What investigation was done in 24 hours? What was the State doing for 20 yrs?' : questions by Supreme Court to Gujarat Police. Teesta Atul Setalvad v. State of Gujarat, 2023 LiveLaw (SC) 554

'Guilty Intention' vs 'Guilty Knowledge' : Supreme Court explains fine distinction between two parts of Section 304 IPC. Anbazhagan v. State, 2023 LiveLaw (SC) 550 : AIR 2023 SC 3660

'No Overt Act' : Supreme Court set aside conviction under Section 323 r/w 34 IPC. Boini Mahipal v. State of Telangana, 2023 LiveLaw (SC) 546 : AIR 2023 SC 3544 : (2023) 8 SCC 398

Supreme Court upholds acquittal of three policemen in 36 year old murder case; dismisses CBI's appeal. Central Bureau of Investigation v. Shyam Bihari, 2023 LiveLaw (SC) 542

Death by accidental firing : Supreme Court converts conviction of cop from Section 302 to Section 304A IPC. Arvind Kumar v. State, NCT of Delhi, 2023 LiveLaw (SC) 539 : AIR 2023 SC 3653 : (2023) 8 SCC 208

Ballistic expert's evidence important in cases of murder caused by firearms. Pritinder Singh @ Lovely v. State of Punjab, 2023 LiveLaw (SC) 516

Attempt to culpable homicide - Conviction under section 308 IPC not sustainable if accused had no intention or knowledge to cause death. Abdul Ansar v. State of Kerala, 2023 LiveLaw (SC) 510

Continuing trend of projecting purely civil financial dispute as criminal matter 'extremely disturbing'. Gagan Baba v. Samit Mandal, 2023 LiveLaw (SC) 500

Section 180 IPC can't be applied against a person for refusing to sign statement given to police : Supreme Sourt castigates DYSP. Supriya Jain v. State of Haryana, 2023 LiveLaw (SC) 494 : AIR 2023 SC 3287 : (2023) 7 SCC 711

'Downright Bizarre' : Supreme Court on High Court Judgment resulting in different jail terms for convicts in the same offence. Uggarsain v. The State of Haryana, 2023 LiveLaw (SC) 492 : AIR 2023 SC 3105 : (2023) 8 SCC 109

Section 197 Cr.P.C. - Sanction required even for acts done in excess of official duty. A. Srinivasulu v. State of Rep. by the Inspector of Police, 2023 LiveLaw (SC) 485

Section 319 Cr.P.C. - Person not named in the FIR can be added as accused if there's sufficient evidence of his involvement. Jitendra Nath Mishra v. State of U.P., 2023 LiveLaw (SC) 480 : AIR 2023 SC 2757

'Courts below failed to properly evaluate evidence': Supreme Court acquits two convicts in 22 year old murder case. Ravi Mandal v. State of Uttarakhand, 2023 LiveLaw (SC) 470 : AIR 2023 SC 2554

Proposed accused has the right to be heard in revision filed against dismissal of petition under Section 156(3) Cr.P.C. Santhakumari v. State of Tamil Nadu, 2023 LiveLaw (SC) 465

Magistrate can direct collection of voice samples of accused. Pravinsinh Nrupatsinh Chauhan v. State of Gujarat, 2023 LiveLaw (SC) 463

Accused can be discharged only if no case is made out even after presuming entire prosecution evidence to be true. Captain Manjit Singh Virdi v. Hussain Mohammed Shattaf, 2023 LiveLaw (SC) 462 : AIR 2023 SC 2480 : (2023) 7 SCC 633

'Numerous lapses in investigation': Supreme Court frees man awarded death penalty in case for rape & murder of 6 year old girl. Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra, 2023 LiveLaw (SC) 461 : AIR 2023 SC 2938

'Unexplained inordinate delay crucial factor to quash complaint' : Supreme Court quashes criminal case against ISKCON Bangalore leaders. Chanchalapati Das v. State of West Bengal, 2023 LiveLaw (SC) 446

Supreme Court sets aside Bombay HC Order acquitting G.N. Saibaba, Remands appeals to HC for consideration by another Bench. State of Maharashtra v. Mahesh Kariman Tirki, 2023 LiveLaw (SC) 438

Supreme Court laments trial judges not using section 313(5) Cr.P.C.; asks judicial academies to take notice. Raj Kumar @ Suman v. State (NCT of Delhi), 2023 LiveLaw (SC) 434 : AIR 2023 SC 3113

Supreme Court sets aside conviction in 23 year old murder case; says prosecution failed to prove chain of circumstances. Santosh @ Bhure v. State (G.N.C.T.) of Delhi, 2023 LiveLaw (SC) 418

Supreme Court upholds acquittal of a death row convict by High Court. State of Madhya Pradesh v. Phoolchand Rathore, 2023 LiveLaw (SC) 408 : (2023) 5 SCR 601

The District Police Chief can't order further investigation without permission from the Magistrate or Higher Court. Peethambaran v. State of Kerala, 2023 LiveLaw (SC) 402

'Court not to sermonise on morality': SC allows premature release of woman convicted for killing sons while attempting suicide. Nagarathinam v. State through the Inspector of Police, 2023 LiveLaw (SC) 401 : AIR 2023 SC 2263

'Gives arbitrary powers to police': Supreme Court upholds quashing of TN decision to constitute anti-land grabbing cell. Government of Tamil Nadu v. R. Thamaraiselvam, 2023 LiveLaw (SC) 400 : (2023) 7 SCC 251

Supreme Court sets aside Magistrate's order directing police investigation into allegation of rape against BJP leader Kailash Vijayvargiya. Kailash Vijayvargiya v. Rajlakshmi Chaudhuri, 2023 LiveLaw (SC) 396

'Trial Judge shouldn't be a mute spectator; has duty to ask crucial questions' : Supreme Court while setting aside conviction in murder case. Dinesh Kumar v. State of Haryana, 2023 LiveLaw (SC) 395 : AIR 2023 SC 2795

Section 389 Cr.P.C. - Sentence can be suspended in appeal only if the convict has fair chances of acquittal. Omprakash Sahni v. Jai Shankar Chaudhary, 2023 LiveLaw (SC) 389 : AIR 2023 SC 2202 : (2023) 6 SCC 123

The Home Secretary cannot order further investigation or reinvestigation of case by another agency. Bohatie Devi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 376

Investigating officer did not meet the obligations': Supreme Court reverses murder conviction imposed by Trial Court, affirmed by High Court. Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358

Not necessary to review / recall / quash order accepting closure report before carrying out further investigation. State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365

Supreme Court commutes death sentence of man who murdered his sister & her lover from another caste; takes note of 'social pressure'. Digambar v. State of Maharashtra, 2023 LiveLaw (SC) 361 : AIR 2023 SC 2827

Supreme Court sets aside Telangana HC Order directing CBI to provide printed questions to YSRCP MP Avinash Reddy; says such orders gravely prejudice investigation. Suneetha Narreddy v. Y.S. Avinash Reddy, 2023 LiveLaw (SC) 355

If the prosecution proposes death sentence, it must produce before the Trial Court information about the background of the accused. Vikas Chaudhary v. State of Delhi, 2023 LiveLaw (SC) 336

Supreme Court shocked to see police filing closure report in case where FIR was quashed; directs to discontinue such practice. State of Uttarakhand v. Umesh Kumar Sharma, 2023 LiveLaw (SC) 335

Appellate Court should separately hear convict on quantum of sentence when acquittal is reversed. Fedrick Cutinha v. State of Karnataka, 2023 LiveLaw (SC) 326 : AIR 2023 SC 2102

Asaram Bapu Case : Supreme Court sets aside Rajasthan HC order to summon IPS officer Ajay Lamba as witness. State of Rajasthan v. Asharam @ Ashumal, 2023 LiveLaw (SC) 316 : AIR 2023 SC 2228

Trial Courts, Public Prosecutors should be vigilant while framing of charges against accused. Soundarajan v. State, 2023 LiveLaw (SC) 314 : AIR 2023 SC 2136

Accused not entitled to default bail when first extension (passed in absence of accused) wasn't challenged & second extension was passed in his presence. Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297 : AIR 2023 SC 1901 : (2023) 2 SCR 824

The High Court cannot quash criminal proceedings at Section 482 Cr.P.C. stage by saying charges aren't proved. Central Bureau of Investigation v. Aryan Singh, 2023 LiveLaw (SC) 292 : AIR 2023 SC 1987 : (2023) 2 SCR 819

Alleged lack of jurisdiction of court no ground to transfer case: Supreme Court dismisses PFI student wing leader's plea. Ka Rauf Sherif v. Directorate of Enforcement, 2023 LiveLaw (SC) 284

View that there cannot be police custody beyond 15 days from date of arrest should be reconsidered. Central Bureau of Investigation v. Vikas Mishra @ Vikash Mishra, 2023 LiveLaw (SC) 283 : AIR 2023 SC 1808 : (2023) 6 SCC 49

Power to transfer cases to be used sparingly; may cast unnecessary aspersions on state judiciary & prosecution agency. Afjal Ali Sha @ Abjal Shaukat v. State of West Bengal, 2023 LiveLaw (SC) 268 : (2023) 2 SCR 1090

'Possible that police set up false case after killing deceased in the process of arrest': Supreme Court acquits 4 in 1989 murder case. Pulen Phukan v. State of Assam, 2023 LiveLaw (SC) 265 : AIR 2023 SC 1639 : 2023 Cri LJ 1789

Constitutional Courts can impose life sentence for fixed term without remission even in cases where the death penalty wasn't imposed. Shiva Kumar @ Shiva @ Shivamurthy v. State of Karnataka, 2023 LiveLaw (SC) 252 : AIR 2023 SC 1774

Accused can't claim right of hearing before registration of FIR. State Bank of India v. Rajesh Agarwal, 2023 LiveLaw (SC) 243 : AIR 2023 SC 1859 : (2023) 6 SCC 1

Supreme Court allows plea of Delhi DG (Prisons); Directs prisoners who were released on covid-19 parole to surrender within 15 days. In Re: Contagion of COVID-19 Virus in Prisons, 2023 LiveLaw (SC) 238

Period of parole granted by HPC during COVID-19 can't be counted towards the actual sentence. Anil Kumar v. State of Haryana, 2023 LiveLaw (SC) 237 : AIR 2023 SC 1759 : (2023) 3 SCR 666

Smuggling & Foreign Exchange Manipulations - Necessary to deprive persons engaged in such acts of their ill gotten gains. Platinum Theatre v. Competent Authority, 2023 LiveLaw (SC) 226 : AIR 2023 SC 1614

The Supreme Court questions the practice of some trial courts to remand accused the moment they appear in response to summons. Mahdoom Bava v. Central Bureau of Investigation, 2023 LiveLaw (SC) 218 : AIR 2023 SC 1570

Supreme Court dismisses Cardinal George Alencherry's plea to quash criminal cases over land scam. Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203 : (2023) 2 SCR 1014

Section 438 Cr.P.C. - Can HCs refuse to entertain anticipatory bail pleas for not exhausting Sessions Court remedy? Supreme Court to Consider. Gauhati High Court Bar Association v. State of Assam, 2023 LiveLaw (SC) 177

Section 319 Cr.P.C. power is to be exercised only if strong & cogent evidence occurs against a person. Vikas Rathi v. State of U.P., 2023 LiveLaw (SC) 172 : (2023) 2 SCR 6

Sex with minor wife: Supreme Court acquits husband of rape relying on exception 2 to Sec 375 IPC. Siddaruda @ Karna v. State of Karnataka, 2023 LiveLaw (SC) 170

Section 313 Cr.P.C. - Written statement of the accused has to be considered in the light of prosecution evidence. Premchand v. State of Maharashtra, 2023 LiveLaw (SC) 168 : AIR 2023 SC 1487 : (2023) 5 SCC 522 : (2023) 2 SCR 119

Section 313 Cr.P.C.: Supreme Court Summarises 10 well-settled principles. Premchand v. State of Maharashtra, 2023 LiveLaw (SC) 168 : AIR 2023 SC 1487 : (2023) 5 SCC 522 : (2023) 2 SCR 119

Mere intimidation to silence kidnapped child victim not sufficient to prove threat to life & limb. Ravi Dhingra v. State Haryana, 2023 LiveLaw (SC) 167 : AIR 2023 SC 1243 : 2023 Cri LJ 1913 : (2023) 6 SCC 76 : (2023) 2 SCR 164

Mere breach of contract can't be the basis for a criminal case for cheating. Sarabjit Kaur v. State of Punjab, 2023 LiveLaw (SC) 157 : (2023) 5 SCC 360

Power to transfer cases to CBI should be used sparingly. Royden Harold Buthello v. State of Chhattisgarh, 2023 LiveLaw (SC) 154 : AIR 2023 SC 1231

Section 256 Cr.P.C. - Not proper to acquit the accused merely for the non-appearance of the complainant who was already examined. BLS Infrastructure Ltd. v. Rajwant Singh, 2023 LiveLaw (SC) 153 : (2023) 4 SCC 326 : (2023) 2 SCR 183

State should not be arbitrary in allowing premature release; policy must be applied equally to all. Rajkumar v. State of Uttar Pradesh, 2023 LiveLaw (SC) 144

Transfer of criminal case from one state to another implicitly reflect on the credibility of the State Judiciary & Prosecution Agency. Neelam Pandey v. Rahul Shukla, 2023 LiveLaw (SC) 141

'Mere framing of charges no bar to order further investigation; Victim has fundamental right of fair investigation'. Anant Thanur Karmuse v. State of Maharashtra, 2023 LiveLaw (SC) 136 : (2023) 5 SCC 802

Supreme Court upholds life sentence for mother who killed her 5-year old child. Vahitha v. State of Tamil Nadu, 2023 LiveLaw (SC) 132 : AIR 2023 SC 1165

Section 319 Cr.P.C.: Supreme Court reiterates procedural safeguards to prevent misuse of power to summon additional accused. Juhru v. Karim, 2023 LiveLaw (SC) 128 : AIR 2023 SC 1160 : (2023) 5 SCC 406 :(2023) 2 SCR 519

Criminal proceedings inter-se parties can be quashed if they have genuinely settled matrimonial disputes. Rangappa Javoor v. State of Karnataka, 2023 LiveLaw (SC) 74

To consider premature release of convict, State Policy prevailing on the date of conviction is relevant. Hitesh v. State of Gujarat, 2023 LiveLaw (SC) 72

Section 482 Cr.P.C. - Pendency of suit concealed, cloak of criminal offence given to civil dispute: Supreme Court quashes criminal proceedings. Usha Chakraborty v. State of West Bengal, 2023 LiveLaw (SC) 67 : AIR 2023 SC 688

Don't record witness testimonies in english translations alone; Follow sec. 277 Cr.P.C.: Supreme Court to trial courts. Naim Ahamed v. State (NCT of Delhi), 2023 LiveLaw (SC) 66

Chargesheets not 'public documents', Can't direct investigating agencies to upload them on websites. Saurav Das v. Union of India, 2023 LiveLaw (SC) 52 : AIR 2023 SC 615

Default bail can be cancelled on merits after presentation of chargesheet. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37 : AIR 2023 SC 457 : (2023) 4 SCC 253 : (2023) 1 SCR 741

View that default bail cannot be cancelled on merits will reward lethargic investigation. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37 : AIR 2023 SC 457 : (2023) 4 SCC 253 : (2023) 1 SCR 741

Grant of Remission - Presiding Judge should give adequate reasons while giving opinion under Section 432(2) Cr.P.C. Jaswant Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 33 : AIR 2023 SC 419

'Reasonable time should be given for investigation': SC sets aside madras HC order quashing FIR against youtuber Maridhas in 4 days. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25

"Private civil dispute converted to criminal proceedings": Supreme Court quashes complaint alleging offence under SC-ST (prevention of Atrocities) Act. B. Venkateswaran v. P. Bakthavatchalam, 2023 LiveLaw (SC) 14 : AIR 2023 SC 262

The Parole period can't be included in the period of actual imprisonment. Rohan Dhungat v. State of Goa, 2023 LiveLaw (SC) 10 : AIR 2023 SC 265 : (2023) 1 SCR 1029

Magistrate Must Examine If Complaint Constitutes Only A Civil Wrong Before Summoning Accused. Deepak Gaba v. State of Uttar Pradesh, 2023 LiveLaw (SC) 3 : AIR 2023 SC 228 : (2023) 3 SCC 423

"Burden to prove mental incapacity is on the defence": Supreme Court upholds conviction of man accused of killing his two sons. Prem Singh v. State of NCT of Delhi, 2023 LiveLaw (SC) 2 : AIR 2023 SC 193 : (2023) 3 SCC 372

Criminal Trial

Abscondence by a person against whom an FIR has been lodged and who is under expectation of being apprehended is not very unnatural. Mere absconding by the appellant after alleged commission of crime and remaining untraceable for such a long time itself cannot establish his guilt or his guilty conscience. Abscondence, in certain cases, could constitute a relevant piece of evidence, but its evidentiary value depends upon the surrounding circumstances. This sole circumstance, therefore, does not enure to the benefit of the prosecution. (Para 23) Sekaran v. State of Tamil Nadu, 2023 LiveLaw (SC) 1052 : AIR 2024 SC 397

Interference in concurrent convictions is only warranted when: i. The finding is perverse. ii. The finding is based or built on inadmissible evidence. iii. The Courts below have not considered or wrongly discarded vital pieces of evidence that would tilt the balance in favor of the accused. Sajeev v. State of Kerala, 2023 LiveLaw (SC) 974

Criminal Trial - Right to Privacy - The essence of a woman's fundamental right to equality and privacy, regarding private matters of bodily and psychological integrity is the ability to make autonomous decisions about her own body and reproductive choices. It is entirely within the realm of privacy of a woman to decide whether or not to bear a child or abort her pregnancy (within the framework of law). (Para 27) Indrakunwar v. State of Chhattisgarh, 2023 LiveLaw (SC) 932 : AIR 2023 SC 5221

Criminal Trial - Omission to frame charge does not disable the court from convicting the accused for the offence which is found to have been proved on the evidence on record. (Para 27) Paranagouda v. State of Karnataka, 2023 LiveLaw (SC) 915

Section 197 Cr.P.C. - Sanction required even for acts done in excess of official duty. A. Srinivasulu v. State of Rep. by the Inspector of Police, 2023 LiveLaw (SC) 485

Section 319 Cr.P.C. - Person not named in the FIR can be added as accused if there's sufficient evidence of his involvement. Jitendra Nath Mishra v. State of U.P., 2023 LiveLaw (SC) 480 : AIR 2023 SC 2757

'Courts below failed to properly evaluate evidence': Supreme Court acquits two convicts in 22 year old murder case. Ravi Mandal v. State of Uttarakhand, 2023 LiveLaw (SC) 470 : AIR 2023 SC 2554

Proposed accused has the right to be heard in revision filed against dismissal of petition under Section 156(3) Cr.P.C. Santhakumari v. State of Tamil Nadu, 2023 LiveLaw (SC) 465

Criminal Investigation – Voice Sample - Magistrate has the power to order the collection of a voice sample for the purpose of investigation. Pravinsinh Nrupatsinh Chauhan v. State of Gujarat, 2023 LiveLaw (SC) 463

At the stage of hearing on the charges, the entire evidence produced by the prosecution is to be believed and if no offence is made out, then only an accused can be discharged. Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial. At the stage of charge, the Court has to satisfy that a prima facie case is made out against the accused persons. Interference of the Court at that stage is required only if there is strong reasons to hold that in case the trial is allowed to proceed, the same would amount to abuse of process of the Court. (Para 11) Captain Manjit Singh Virdi v. Hussain Mohammed Shattaf, 2023 LiveLaw (SC) 462 : AIR 2023 SC 2480 : (2023) 7 SCC 633

The High Court has not even referred to the evidence collected by Investigating Agency produced alongwith chargesheet in its entirety. Rather there is selective reference to the statements of some of the persons recorded during investigation. It shows that there was total non-application of mind. The High Court had exercised the jurisdiction in a manner which is not vested in it to scuttle the trial of a heinous crime. (Para 20) Captain Manjit Singh Virdi v. Hussain Mohammed Shattaf, 2023 LiveLaw (SC) 462 : AIR 2023 SC 2480 : (2023) 7 SCC 633

'Numerous lapses in investigation': Supreme Court frees man awarded death penalty in case for rape & murder of 6 year old girl. Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra, 2023 LiveLaw (SC) 461 : AIR 2023 SC 2938

Supreme Court sets aside Bombay HC Order acquitting G.N. Saibaba, Remands appeals to HC for consideration by another Bench. State of Maharashtra v. Mahesh Kariman Tirki, 2023 LiveLaw (SC) 438

Supreme Court laments trial judges not using section 313(5) Cr.P.C.; asks judicial academies to take notice. Raj Kumar @ Suman v. State (NCT of Delhi), 2023 LiveLaw (SC) 434 : AIR 2023 SC 3113

Supreme Court sets aside conviction in 23 year old murder case; says prosecution failed to prove chain of circumstances. Santosh @ Bhure v. State (G.N.C.T.) of Delhi, 2023 LiveLaw (SC) 418

The District Police Chief can't order further investigation without permission from the Magistrate or Higher Court. Peethambaran v. State of Kerala, 2023 LiveLaw (SC) 402

'Court not to sermonise on morality': SC allows premature release of woman convicted for killing sons while attempting suicide. Nagarathinam v. State through the Inspector of Police, 2023 LiveLaw (SC) 401 : AIR 2023 SC 2263

Supreme Court sets aside Magistrate's order directing police investigation into allegation of rape against BJP leader Kailash Vijayvargiya. Kailash Vijayvargiya v. Rajlakshmi Chaudhuri, 2023 LiveLaw (SC) 396

The duty of the presiding judge of a criminal trial is not to watch the proceedings as a spectator or a recording machine but he has to participate in the trial by evincing intelligent active interest by putting questions to witnesses in order to ascertain the truth. (Para 11, 12) Dinesh Kumar v. State of Haryana, 2023 LiveLaw (SC) 395 : AIR 2023 SC 2795

Section 389 Cr.P.C. - Sentence can be suspended in appeal only if the convict has fair chances of acquittal. Omprakash Sahni v. Jai Shankar Chaudhary, 2023 LiveLaw (SC) 389 : AIR 2023 SC 2202 : (2023) 6 SCC 123

The Home Secretary cannot order further investigation or reinvestigation of case by another agency. Bohatie Devi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 376

Investigating officer did not meet the obligations': Supreme Court reverses murder conviction imposed by Trial Court, affirmed by High Court. Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358

Not necessary to review / recall / quash order accepting closure report before carrying out further investigation. State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365

Criminal Investigation - Criminal offence is considered as a wrong against the State and the Society even though it has been committed against an individual. Normally, in serious offences, prosecution is launched by the State and a Court of law has no power to throw away prosecution solely on the ground of delay. Mere delay in approaching a Court of law would not by itself afford a ground for dismissing the case. Though it may be a relevant circumstance in reaching a final verdict. (Para 84) State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365

Supreme Court commutes death sentence of man who murdered his sister & her lover from another caste; takes note of 'social pressure'. Digambar v. State of Maharashtra, 2023 LiveLaw (SC) 361 : AIR 2023 SC 2827

Supreme Court sets aside Telangana HC Order directing CBI to provide printed questions to YSRCP MP Avinash Reddy; says such orders gravely prejudice investigation. Suneetha Narreddy v. Y.S. Avinash Reddy, 2023 LiveLaw (SC) 355

If the prosecution proposes death sentence, it must produce before the Trial Court information about the background of the accused. Vikas Chaudhary v. State of Delhi, 2023 LiveLaw (SC) 336

Supreme Court shocked to see police filing closure report in case where FIR was quashed; directs to discontinue such practice. State of Uttarakhand v. Umesh Kumar Sharma, 2023 LiveLaw (SC) 335

Appellate Court should separately hear convict on quantum of sentence when acquittal is reversed. Fedrick Cutinha v. State of Karnataka, 2023 LiveLaw (SC) 326 : AIR 2023 SC 2102

Asaram Bapu Case - Supreme Court sets aside Rajasthan HC order to summon IPS officer Ajay Lamba as witness. State of Rajasthan v. Asharam @ Ashumal, 2023 LiveLaw (SC) 316 : AIR 2023 SC 2228

Criminal Trial - Right to speedy trial, including speedy disposal of an appeal, is not the exclusive right of an accused, but an obligation of the court towards the society in general, and the victim in particular. (Para 17) State of Rajasthan v. Asharam @ Ashumal, 2023 LiveLaw (SC) 316 : AIR 2023 SC 2228

Trial Courts, Public Prosecutors should be vigilant while framing of charges against accused. Soundarajan v. State, 2023 LiveLaw (SC) 314 : AIR 2023 SC 2136

Accused not entitled to default bail when first extension (passed in absence of accused) wasn't challenged & second extension was passed in his presence. Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297 : AIR 2023 SC 1901 : (2023) 2 SCR 824

The High Court cannot quash criminal proceedings at Section 482 Cr.P.C. stage by saying charges aren't proved. Central Bureau of Investigation v. Aryan Singh, 2023 LiveLaw (SC) 292 : AIR 2023 SC 1987 : (2023) 2 SCR 819

Alleged lack of jurisdiction of court no ground to transfer case: Supreme Court dismisses PFI student wing leader's plea. Ka Rauf Sherif v. Directorate of Enforcement, 2023 LiveLaw (SC) 284 : (2023) 6 SCC 92

View that there cannot be police custody beyond 15 days from date of arrest should be reconsidered. Central Bureau of Investigation v. Vikas Mishra @ Vikash Mishra, 2023 LiveLaw (SC) 283 : AIR 2023 SC 1808 : (2023) 6 SCC 49

Power to transfer cases to be used sparingly; may cast unnecessary aspersions on state judiciary & prosecution agency. Afjal Ali Sha @ Abjal Shaukat v. State of West Bengal, 2023 LiveLaw (SC) 268 : (2023) 2 SCR 1090

'Possible that police set up false case after killing deceased in the process of arrest': Supreme Court acquits 4 in 1989 murder case. Pulen Phukan v. State of Assam, 2023 LiveLaw (SC) 265 : AIR 2023 SC 1639 : 2023 Cri LJ 1789

The job of the prosecution is not to accept the complainant's version as Gospel Truth and proceed in that direction but the investigation must be made in a fair and transparent manner and must ascertain the truth. The evidence collected during investigation should then be analysed by the Investigating Officer and accordingly a report under Section 173(2) of the CrPC should be submitted. Further, the duty of the Trial Court is to carefully scrutinise the evidence, try to find out the truth on the basis of evidence led. Wherever necessary the Trial Court may itself make further inquiry on its own with regard to facts and circumstances which may create doubt in the minds of the Court during trial. If the investigation is unfair and tainted then it is the duty of the Trial Court to get the clarifications on all the aspects which may surface or may be reflected by the evidence so that it may arrive at a just and fair conclusion. If the Trial Court fails to exercise this power and discretion vested in it then the judgment of the Trial Court may be said to be vitiated. [Para 13] Pulen Phukan v. State of Assam, 2023 LiveLaw (SC) 265 : AIR 2023 SC 1639 : 2023 Cri LJ 1789

The Courts must refrain from committing such grave errors in the future, whereby innocent people are made to suffer incarceration for over a period of nearly two decades, without proper appreciation of evidence. (Para 19) Narendrasinh Keshubhai Zala v. State of Gujarat, 2023 LiveLaw (SC) 227 : (2023) 2 SCR 746

Delay in sending FIR - Unless serious prejudice is caused, mere delay in sending the FIR to the Magistrate would not, by itself, have a negative effect on the case of the prosecution. One of the external checks against ante-dating or antetiming an FIR is the time of its dispatch to the Magistrate or its receipt by the Magistrate. A dispatch of a copy of the FIR forthwith ensures that there is no manipulation or interpolation in the FIR. (Para 17.6) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023 LiveLaw (SC) 225 : (2023) 5 SCC 391 : (2023) 2 SCR 965

Delay in the FIR reaching the Magistrate - It is the settled position of law that each and every delay caused is not fatal to a case in the absence of demonstrated prejudice. In the present case, though, while there is reliance at the Bar on this principle no submission has been made to show prejudice having been caused to the accused. Statements sans adequate backing cannot sway the Court. Even the delay in the receipt of the FIR with the concerned Magistrate cannot be a reason to disbelieve the prosecution case. It is not a case of non-compliance of provisions equally the delay is not inordinate so as to cast any doubt. (Para 20) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023 LiveLaw (SC) 225 : (2023) 5 SCC 391 : (2023) 2 SCR 965

Power of Court of Appeal - The Court of appeal has wide powers of appreciation of evidence in an order of acquittal as in the order of conviction, along with the rider of presumption of innocence which continues across all stages of a case. Such Court should give due importance to the judgment rendered by the Trial Court. The High Court, being the First Appellate Court must discuss/re-appreciate the evidence on record. Failure to do so is a good ground enough to remand the matter for consideration. (Para 17.9) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023 LiveLaw (SC) 225 : (2023) 5 SCC 391 : (2023) 2 SCR 965

Preponderance of probabilities - To entitle a person to the benefit of a doubt arising from a duality of views, the possible view in favour of the accused must be as nearly reasonably probable as that against him. (Para 17.5) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023 LiveLaw (SC) 225 : (2023) 5 SCC 391 : (2023) 2 SCR 965

Constitutional Courts can impose life sentence for fixed term without remission even in cases where the death penalty wasn't imposed. Shiva Kumar @ Shiva @ Shivamurthy v. State of Karnataka, 2023 LiveLaw (SC) 252 : AIR 2023 SC 1774

Accused can't claim right of hearing before registration of FIR. State Bank of India v. Rajesh Agarwal, 2023 LiveLaw (SC) 243 : AIR 2023 SC 1859 : (2023) 6 SCC 1

Smuggling & Foreign Exchange Manipulations - Necessary to deprive persons engaged in such acts of their ill-gotten gains. Platinum Theatre v. Competent Authority, 2023 LiveLaw (SC) 226 : AIR 2023 SC 1614

Supreme Court questions practice of some trial courts to remand accused the moment they appear in response to summons. Mahdoom Bava v. Central Bureau of Investigation, 2023 LiveLaw (SC) 218 : AIR 2023 SC 1570

Supreme Court dismisses Cardinal George Alencherry's plea to quash criminal cases over land scam. Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203 : (2023) 2 SCR 1014

Section 438 Cr.P.C. - Can HCs refuse to entertain anticipatory bail pleas for not exhausting Sessions Court remedy? Supreme Court to Consider. Gauhati High Court Bar Association v. State of Assam, 2023 LiveLaw (SC) 177

Section 319 Cr.P.C. power is to be exercised only if strong & cogent evidence occurs against a person. Vikas Rathi v. State of U.P., 2023 LiveLaw (SC) 172 : (2023) 2 SCR 6

Sex with minor wife: Supreme Court acquits husband of rape relying on exception 2 to Sec 375 IPC. Siddaruda @ Karna v. State of Karnataka, 2023 LiveLaw (SC) 170

Section 313 Cr.P.C. - Written statement of the accused has to be considered in the light of prosecution evidence. Premchand v. State of Maharashtra, 2023 LiveLaw (SC) 168 : AIR 2023 SC 1487 : (2023) 5 SCC 522 : (2023) 2 SCR 119

Section 313 Cr.P.C.: Supreme Court Summarises 10 well-settled principles. Premchand v. State of Maharashtra, 2023 LiveLaw (SC) 168 : AIR 2023 SC 1487 : (2023) 5 SCC 522 : (2023) 2 SCR 119

Mere intimidation to silence kidnapped child victim not sufficient to prove threat to life & limb. Ravi Dhingra v. State Haryana, 2023 LiveLaw (SC) 167 : AIR 2023 SC 1243 : 2023 Cri LJ 1913 : (2023) 6 SCC 76 : (2023) 2 SCR 164

Mere breach of contract can't be the basis for a criminal case for cheating. Sarabjit Kaur v. State of Punjab, 2023 LiveLaw (SC) 157 : (2023) 5 SCC 360

Transfer of Investigation to CBI - The power to transfer the investigation is an extraordinary power. It is to be used very sparingly and in an exceptional circumstance where the Court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial without the intervention and investigation by the CBI or such other specialized investigating agency which has the expertise. Royden Harold Buthello v. State of Chhattisgarh, 2023 LiveLaw (SC) 154 : AIR 2023 SC 1231

Section 256 Cr.P.C. - Not proper to acquit the accused merely for the non-appearance of the complainant who was already examined. BLS Infrastructure Ltd. v. Rajwant Singh, 2023 LiveLaw (SC) 153 : (2023) 4 SCC 326 : (2023) 2 SCR 183

State should not be arbitrary in allowing premature release; policy must be applied equally to all. Rajkumar vs State of Uttar Pradesh, 2023 LiveLaw (SC) 144

Transfer of criminal case from one state to another implicitly reflect on the credibility of the State Judiciary & Prosecution Agency. Neelam Pandey v. Rahul Shukla, 2023 LiveLaw (SC) 141

'Mere framing of charges no bar to order further investigation; Victim has fundamental right of fair investigation'. Anant Thanur Karmuse v. State of Maharashtra, 2023 LiveLaw (SC) 136 : (2023) 5 SCC 802

Section 319 Cr.P.C.: Supreme Court reiterates procedural safeguards to prevent misuse of power to summon additional accused. Juhru v. Karim, 2023 LiveLaw (SC) 128 : AIR 2023 SC 1160 : (2023) 5 SCC 406 :(2023) 2 SCR 519

Criminal proceedings inter-se parties can be quashed if they have genuinely settled matrimonial disputes. Rangappa Javoor v. State of Karnataka, 2023 LiveLaw (SC) 74

Section 482 Cr.P.C. | Pendency of suit concealed, cloak of criminal offence given to civil dispute: Supreme Court quashes criminal proceedings. Usha Chakraborty v. State of West Bengal, 2023 LiveLaw (SC) 67 : AIR 2023 SC 688

Criminal Investigation - A defective investigation is not always fatal to the prosecution where ocular testimony is found credible and cogent. While in such a case the court has to be circumspect in evaluating the evidence, a faulty investigation cannot in all cases be a determinative factor to throw out a credible prosecution version -Non-examination of the Investigating Officer must result in prejudice to the accused; if no prejudice is caused, mere non-examination would not render the prosecution case fatal - Though mere defects in the investigative process by itself cannot constitute ground for acquittal, it is the legal obligation of the Court to examine carefully in each case the prosecution evidence de hors the lapses committed by the Investigating Officer to find out whether the evidence brought on record is at all reliable and whether such lapses affect the object of finding out the truth. (Para 28, 42) Munna Lal v. State of Uttar Pradesh, 2023 LiveLaw (SC) 60 : AIR 2023 SC 634 : 2023 Cri LJ 1726

Criminal Trial - The circumstance that most of the witnesses were related to the deceased does not per se exclude their testimony. (Para 14) Prasad Pradhan v. State of Chhattisgarh, 2023 LiveLaw (SC) 59 : AIR 2023 SC 643 : 2023 Cri LJ 1726

Chargesheets not 'public documents', Can't direct investigating agencies to upload them on websites. Saurav Das v. Union of India, 2023 LiveLaw (SC) 52 : AIR 2023 SC 615

Chargesheets - Supreme Court refuses to direct that chargesheets filed by investigating agencies should be uploaded on a public website for public access- Court says that the directions in Youth Bar Association of India vs Union of India (2016) 9 SCC 473 regarding uploading of FIR cannot be extended to chargesheets - Court directed the copies of the FIRs to be published within 24 hours on the police websites or on the websites of the State Government, looking to the interest of the accused and so that innocent accused are not harassed and they are able to get the relief from the competent court and they are not taken by surprise. Therefore, the directions issued by this Court are in favour of the accused, which cannot be stretch to the public at large so far as the chargesheets are concerned. (Para 4.1) Saurav Das v. Union of India, 2023 LiveLaw (SC) 52 : AIR 2023 SC 615

Default bail can be cancelled on merits after presentation of chargesheet. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37 : AIR 2023 SC 457 : (2023) 4 SCC 253 : (2023) 1 SCR 741

View that default bail cannot be cancelled on merits will reward lethargic investigation. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37 : AIR 2023 SC 457 : (2023) 4 SCC 253 : (2023) 1 SCR 741

Grant of Remission - Presiding Judge should give adequate reasons while giving opinion under Section 432(2) Cr.P.C. Jaswant Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 33 : AIR 2023 SC 419

'Reasonable time should be given for investigation': SC sets aside madras HC order quashing FIR against youtuber Maridhas in 4 days. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25

Supreme Court takes exception to Madras High Court quashing an FIR in four days without giving adequate time for investigation. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25

"Private civil dispute converted to criminal proceedings": Supreme Court quashes complaint alleging offence under SC-ST (prevention of Atrocities) Act. B. Venkateswaran v. P. Bakthavatchalam, 2023 LiveLaw (SC) 14 : AIR 2023 SC 262

Magistrate Must Examine If Complaint Constitutes Only A Civil Wrong Before Summoning Accused. Deepak Gaba v. State of Uttar Pradesh, 2023 LiveLaw (SC) 3 : AIR 2023 SC 228 : (2023) 3 SCC 423

"Burden to prove mental incapacity is on the defence": Supreme Court upholds conviction of man accused of killing his two sons. Prem Singh v. State of NCT of Delhi, 2023 LiveLaw (SC) 2 : AIR 2023 SC 193 : (2023) 3 SCC 372

Criminal Trial - Motive - If motive is proved, that would supply another link in the chain of circumstantial evidence but, absence of motive cannot be a ground to reject the prosecution case, though such an absence of motive is a factor that weighs in favour of the accused. (Para 15, 17.1) Prem Singh v. State of NCT of Delhi, 2023 LiveLaw (SC) 2 : AIR 2023 SC 193 : (2023) 3 SCC 372

Part 7: The Complete Supreme Court Annual Digest- 2023 [Part-VII]