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Supreme Court Annual Digest 2023 -Indian Penal Code

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10 Jan 2024 7:31 PM
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Indian Penal Code 1860

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Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in
cases where death penalty was not proposed - "Even in a case where capital
punishment is not imposed or is not proposed, the Constitutional Courts can always
exercise the power of imposing a modified or fixed-term sentence by directing that a
life sentence, as contemplated by “secondly” in Section 53 of the IPC, shall be of a
fixed period of more than fourteen years, for example, of twenty years, thirty years
and so on. (Para 13) 2023 LiveLaw (SC) 252 (https://www.livelaw.in/top-
stories/constitutional-courts-can-impose-life-sentence-for-fixed-term-without-
remission-even-in-cases-where-death-penalty-wasnt-imposed-supreme-court-
225055)
Penal Code, 1860 - Distinction between murder and the culpable homicide not
amounting to murder – Explained. (Para 54) 2023 LiveLaw (SC) 279
(https://www.livelaw.in/tags/balu-sudam-khalde-and-another-versus-the-state-of-
maharashtra-2023-livelaw-sc-279)
Penal Code, 1860 - That the accused has no antecedents, is no consideration by itself
for deciding whether the accused will fall in the category of the 'rarest of the rare'
cases. It all depends on several factors. The Court, while considering the possibility
of reformation of the accused, must note that showing undue leniency in such a
brutal case will adversely affect the public confidence in the efficacy of the legal
system. The Court must consider the rights of the victim as well. (Para 15) 2023
LiveLaw (SC) 252 (https://www.livelaw.in/top-stories/constitutional-courts-can-
impose-life-sentence-for-fixed-term-without-remission-even-in-cases-where-death-
penalty-wasnt-imposed-supreme-court-225055)
Penal Code, 1860 - Trial Court has no jurisdiction to sentence the accused to life
imprisonment for the remainder of their life, or life imprisonment without entitlement
to remission for a fixed term, in serious crimes which carry the death penalty apart
from life sentence as a sentencing option - The court took note that the Apex Court in
Union of India vs Sriharan @ Murugan & Ors., [2015] 14 SCR 613, has approved a
special category of sentence for serious crimes where death sentence is substituted
with life imprisonment for a fixed number of years which may be longer than the
minimum sentence specified in Section 433A of the Code of Criminal Procedure,
1973 (CrPC) and may extend to considerably long periods, such as 30 years.
However, Sriharan (2015) reserves the power to impose such special or fixed term
sentences only with the High Courts and the Supreme Court. 2023 LiveLaw (SC) 336
(https://www.livelaw.in/top-stories/if-prosecution-proposes-death-sentence-it-must-
produce-before-trial-court-information-about-background-of-accused-supreme-court-
226968)
Section 34 - Acts done by several persons in furtherance of common intention
Penal Code, 1860; Section 34 - for applying Section 34 IPC there should be a common
intention of all the co-accused persons which means community of purpose and
common design. Common intention does not mean that the co-accused persons
should have engaged in any discussion or agreement so as to prepare a plan or hatch
a conspiracy for committing the offence. Common intention is a psychological fact
and it can be formed a minute before the actual happening of the incidence or as
stated earlier even during the occurrence of the incidence. (Para 13) 2023 LiveLaw
(SC) 1036 (https://www.livelaw.in/supreme-court/supreme-court-judgment-common-
intention-section-34-ipc-ram-naresh-v-state-of-up-243653)
Penal Code, 1860; Sections 34 and 149 - Distinction between 'common intention' and
'common object' – A clear distinction is made out between common intention and
common object in that common intention denotes action in concert and necessarily
postulates the existence of a prearranged plan implying a prior meeting of the minds,
while common object does not necessarily require proof of prior meeting of minds or
preconcert. Though there is a substantial difference between the two sections, they
also to some extent overlap and it is a question to be determined on the facts of each
case whether the charge under Section 149 overlaps the ground covered by Section
34. Thus, if several persons numbering five or more, do an act and intend to do it,
both Section 34 and Section 149 may apply. If the common object does not
necessarily involve a common intention, then the substitution of Section 34 for
Section 149 might result in prejudice to the accused and ought not, therefore, to be
permitted. (Para 17) 2023 LiveLaw (SC) 870 (https://www.livelaw.in/tags/chandra-
pratap-singh-v-state-of-mp)
Penal Code,1860; Section 34 - In the absence of any incriminating material or other

corroborative evidence pointing to the participation of appellants in the incident, the
conviction of appellants under Section 323 read with Section 34 of IPC cannot be
sustained. (Para 12) 2023 LiveLaw (SC) 546 (https://www.livelaw.in/supreme-
court/supreme-court-sets-aside-conviction-joint-liability-accused-participation-crime-
233210)
Section 53 - Punishments
Penal Code, 1860; Section 53 - The majority view in the case of Union of India v. V.
Sriharan @ Murugan & Ors., 2016 (7) SCC 1 cannot be construed to mean that power
to impose fixed term sentence cannot be exercised by the Constitutional Courts
unless the question is of commuting the death sentence - When a Constitutional
Court finds that though a case is not falling in the category of 'rarest of the rare' case,
considering the gravity and nature of the offence and all other relevant factors, it can
always impose a fixed-term sentence so that the benefit of statutory remission, etc. is
not available to the accused. (Para 12) 2023 LiveLaw (SC) 252
(https://www.livelaw.in/top-stories/constitutional-courts-can-impose-life-sentence-
for-fixed-term-without-remission-even-in-cases-where-death-penalty-wasnt-imposed-
supreme-court-225055)
Section 80 - Accident in doing a lawful act
Penal Code, 1860; Section 80 - Defence of Accident rejected - The Trial Court and the
High Court held that the defense of accidental firing cannot be accepted and that the
act of firing bullets by the appellant was intentional. The Court rejected the defence
of the accident pleaded by the appellant by taking recourse to Section 80 of IPC.
(Para 8) 2023 LiveLaw (SC) 539 (https://www.livelaw.in/supreme-court/supreme-
court-modifies-conviction-death-accidental-firing-pistol-safety-position-233101)
Section 84 - Act of a person of unsound mind.
Penal Code, 1860; Section 84 - Evidence Act, 1872; Section 105 - The burden of
proving the existence of circumstances so as to bring the case within the purview of
Section 84 IPC lies on the accused in terms of Section 105 of the Evidence Act; and
where the accused is charged of murder, the burden to prove that as a result of
unsoundness of mind, the accused was incapable of knowing the consequences of
his acts is on the defence, as duly exemplified by illustration (a) to the said Section
105 of the Evidence Act - The mandate of law is that the Court shall presume
absence of the circumstances so as to take the case within any of the General
Exceptions in IPC. (Para 21) 2023 LiveLaw (SC) 2 (https://www.livelaw.in/top-
stories/supreme-court-mental-incapacity-murder-conviction-prem-singh-vs-state-of-
nct-of-delhi-217911)
Penal Code, 1860; Section 84 - Evidence Act, 1872; Section 105, 8 - The burden of
proof does lie on the accused to prove to the satisfaction of the Court that one is
insane while doing the act prohibited by law. Such a burden gets discharged based on
a prima facie case and reasonable materials produced on his behalf. The extent of
probability is one of preponderance. This is for the reason that a person of unsound
mind is not expected to prove his insanity beyond a reasonable doubt. Secondly, it is
the collective responsibility of the person concerned, the Court and the prosecution
to decipher the proof qua insanity by not treating it as adversarial. Though a person is
presumed to be sane, once there are adequate materials available before the Court,
the presumption gets discharged - The behaviour and conduct before, during and
after the occurrence has to be looked into. (Para 8-9) 2023 LiveLaw (SC) 71
(https://www.livelaw.in/top-stories/supreme-court-insanity-plea-preponderance-
probability-burden-prakash-nayi-sen-vs-state-of-goa-2023-livelaw-sc-71-220507)
Penal Code, 1860; Section 84 - Standard of proof to prove the lunacy or insanity is
only 'reasonable doubt - A distinction is to be made between legal insanity and
medical insanity. The court is concerned with legal insanity and not with medical
insanity. (Para 19 - 22) 2023 LiveLaw (SC) 781 (https://www.livelaw.in/supreme-
court/supreme-court-lunacy-insanity-reasonable-grounds-rupesh-manger-thapa-vs-
state-of-sikkim-2023-livelaw-sc-771-237753)
Penal Code, 1860; Section 84 - The existence of an unsound mind is a sine qua non to
the applicability of the provision. A mere unsound mind per se would not suffice, and
it should be to the extent of not knowing the nature of the act - A mere medical
insanity cannot be said to mean unsoundness of mind. There may be a case where a
person suffering from medical insanity would have committed an act, however, the
test is one of legal insanity to attract the mandate of Section 84 of the IPC. There
must be an inability of a person in knowing the nature of the act or to understand it to
be either wrong or contrary to the law. (Para 4-7) 2023 LiveLaw (SC) 71
(https://www.livelaw.in/top-stories/supreme-court-insanity-plea-preponderance-
probability-burden-prakash-nayi-sen-vs-state-of-goa-2023-livelaw-sc-71-220507)
Section 86 - Offence requiring a particular intent or knowledge committed by one who is

intoxicated.
Penal Code, 1860 - Section 86 - Once the killing was complete, the public had
thrashed and beaten him mercilessly and, therefore, when the SI PW6 examined him,
he could not speak. The inability to speak in such a situation would not be sufficient
indication that the level of intoxication was so high that he was unable to understand
and take a conscious decision. (Para 22) 2023 LiveLaw (SC) 1005
(https://www.livelaw.in/supreme-court/supreme-court-upholds-murder-conviction-
transferred-malice-doctrine-section-302-ipc-242786)
Penal Code, 1860 - Sections 86, 302 and 304 Part II - It may be true that the deceased
may have been killed accidently by the accused in the state of intoxication but there
is no iota of evidence to establish that due to intoxication he was incapable of
knowing the nature of his act or that the act which he was doing or likely to do was so
dangerous so as to cause death of any person. Thus, in the absence of such
evidence, coupled with the fact that it is not the case of the accused that he was
administered intoxication without his knowledge or against his will, the provision of
Section 86 IPC would not be applicable and he would not be entitled to reduction of
sentence from 302 IPC to one falling under Part-II of Section 304 IPC. (Para 25) 2023
LiveLaw (SC) 1005 (https://www.livelaw.in/supreme-court/supreme-court-upholds-
murder-conviction-transferred-malice-doctrine-section-302-ipc-242786)
Section 107 - Abetment of a thing
Penal Code, 1860 - Section 107- To attract the first clause, there must be instigation
in some form on the part of the accused to cause the deceased to commit suicide.
Hence, the accused must have mens rea to instigate the deceased to commit
suicide. The act of instigation must be of such intensity that it is intended to push the
deceased to such a position under which he or she has no choice but to commit
suicide. Such instigation must be in close proximity to the act of committing suicide.
court-judgment-explains-section-107-ipc-abetment-to-suicide-case-243649)
Section 120A - Definition of criminal conspiracy
Penal Code, 1860; Section 120A - One person alone can never be held guilty of
criminal conspiracy because one cannot conspire with oneself - The offence of
criminal conspiracy is committed only when two or more persons agree to do or
cause to be done an illegal act or legal act by illegal means. (Para 38) 2023 LiveLaw
(SC) 629 (https://www.livelaw.in/supreme-court/supreme-court-disclosure-
statements-section-27-evidence-act-manoj-kumar-soni-vs-state-of-andhra-pradesh-
2023-livelaw-sc-628-235066)
Section 120B - Punishment of criminal conspiracy
Penal Code, 1860 – Sections 120B, 420, 468, and 471 – Previous Sanction –
Contended that any act done by a public servant, which constitutes an offence of
cheating, cannot be taken to have been committed while acting or purporting to act in
the discharge of official duty – Distinguishing Parkash Singh Badal v. State of Punjab,
(2007) 1 SCC 1, held, observations contained are too general in nature and cannot be
regarded as the ratio flowing out of the said case or taken as judicially carving out an
exception to a statutory prescription – Also held, no public servant is appointed with
a mandate or authority to commit an offence and therefore, if the observations are
applied, any act which constitutes an offence under any statute will go out of the
purview of an act in the discharge of official duty – Appeal allowed. 2023 LiveLaw
(SC) 485 (https://www.livelaw.in/tags/a.-srinivasulu-v.-state-of-rep.-by-the-inspector-
of-police)
Penal Code, 1860; Section 120B - An offence punishable under Section 120B of IPC
will become a scheduled offence only if the conspiracy alleged is of committing an
offence which is otherwise a scheduled offence. (Para 25) 2023 LiveLaw (SC) 1021
(https://www.livelaw.in/top-stories/ed-cant-invoke-pmla-using-s120b-ipc-criminal-
conspiracy-isnt-linked-scheduled-offence-supreme-court-243246)
Penal Code, 1860; Section 120B - For the charge of criminal conspiracy to be
established, an agreement between the parties to do an unlawful act must exist. In
some cases, direct evidence to establish conspiracy may be absent, but when the
lack of evidence is apparent, it is not safe to hold a person guilty under this section.
To prove the offence of criminal conspiracy, it is imperative to show a meeting of the
minds between the conspirators for the intended common object. (Para 31) 2023
LiveLaw (SC) 358 (https://www.livelaw.in/top-stories/investigating-officer-did-not-
meet-the-obligations-supreme-court-reverses-murder-conviction-imposed-by-trial-
court-affirmed-by-high-court-227479)
Penal Code, 1860; Section 120B - the accused cannot be convicted of criminal
conspiracy solely for having concealed the location of the incriminating materials /
articles and, in the absence of any evidence establishing meeting of the minds. Given
that all the other coaccused have been acquitted by the courts below, meaning they
were innocent of the crime, the fundamental requirement of a criminal conspiracy is
not met. Needless to say, the charge of criminal conspiracy also fails on the ground
that a single person cannot hatch a conspiracy. (Para 32, 33) 2023 LiveLaw (SC) 358
(https://www.livelaw.in/top-stories/investigating-officer-did-not-meet-the-obligations-
supreme-court-reverses-murder-conviction-imposed-by-trial-court-affirmed-by-high-
court-227479)
Penal Code, 1860; Section 120B - The charge of criminal conspiracy requires meeting
of the minds prior to commission of offence, and with four of the five appeals being
allowed and only the present appellant being convicted, the basic requirement of the
section, that is of two or more persons agreeing to or causing to be done an illegal
act or an act which is not per se illegal but it is done by illegal means, is not met.
(Para 34) 2023 LiveLaw (SC) 358 (https://www.livelaw.in/top-stories/investigating-
officer-did-not-meet-the-obligations-supreme-court-reverses-murder-conviction-
imposed-by-trial-court-affirmed-by-high-court-227479)
Penal Code, 1860; Section 120B - To establish conspiracy it is necessary to establish

an agreement between the parties. Further, the offence of criminal conspiracy is of
joint responsibility, all conspirators are liable for the acts of each of the crimes which
have been committed as a result of the conspiracy. (Para 35 & 36) 2023 LiveLaw (SC)
974 (https://www.livelaw.in/top-stories/supreme-court-upholds-conviction-liquor-
poisoning-conspiracy-kerala-hooch-tragedy-state-vs-nalini-criminal-conspiracy-
242046)
Penal Code, 1860; Sections 120B, 201, 302, 364 and 403 - Arms Act, 1959; Section 25
- Unlawful Activities (Prevention) Act, 2004; Sections 16, 18 and 20 – Bail Application
- Appellant was arrested as far back as 17.06.2021 and has been in custody
throughout, except for the brief period when this Court had released him on interim
bail so as to attend to the medical treatment of his wife. He has been interrogated
and a charge sheet has been filed. Since all witnesses out of more than 300
witnesses named are to be examined and, in that regard, further investigation under
Section 173(8) is pending, and a supplementary charge sheet would be filed, the
process will not conclude in the near future. In so far as the role alleged against the
appellant, as already noted by the High Court the charge sheet does not disclose that
the appellant was involved in the conspiracy of planting gelatin sticks in the Scorpio
vehicle. As per the charge, the appellant is stated to have conspired with Sachin Waze
and others to eliminate Mansukh Hiren which is a matter of circumstantial evidence
to be proved by the prosecution. Though the High Court has arrived at the conclusion
that the appellant being a retired police officer, there is the likelihood of interference
in the course of trial, in our opinion the fact that he was a police officer and has
retired after rendering 37 years of service is a factor which should weigh in favour of
the appellant as he has strong root in Mumbai and would be available to stand trial.
The case is being prosecuted by a different agency-the NIA. That apart, there is no
adverse report about the conduct of the appellant while he was out on interim bail.
Further, he would also be aware that violating any of the conditions of bail would be
detrimental to his own interest. In addition, it has also been urged before us that he
has his mother aged about 93 years to care for, his wife who is also not enjoying
good health has to undergo a reversal of bariatric surgery. Therefore, if all the above
aspects are kept in view, taking note of the role assigned to the appellant as also the
circumstances stated to connect the appellant to the crime and also the fact that the
charge sheet has already been filed, there would be no purpose in continuing the
appellant in custody. Held, that the appellant is to be released on bail subject to
appropriate conditions being imposed by the trial court and the appellant diligently
adhering to the said conditions and participating in the process of trial. (Para 10 - 12)
2023 LiveLaw (SC) 699 (https://www.livelaw.in/top-stories/antilia-bomb-scare-case-
supreme-court-grants-bail-to-former-mumbai-police-officer-pradeep-sharma-235931)
Section 124A - Sedition
Penal Code 1860; Section 124A - Constitutional validity of Sedition Law - Held, the
provisions of Section 124A of the IPC continue to remain on the statute book. Even if
the new law which is proposed to be placed by the Government before the legislature
results in a modification of the existing provision of Section 124A, there is a
presumption that a penal statute would have prospective and not retrospective
effect. Existing prosecutions under Section 124A will likely be governed by that
provision. Consequently, the validity of the prosecutions which have been launched or
would be launched so long as Section 124A continues to remain on the statute would
have to be assessed under it. The issue of the validity of the provision for the period
that it continues to operate would, therefore, need to be determined. (Para 7 & 8)
2023 LiveLaw (SC) 780 (https://www.livelaw.in/top-stories/supreme-court-refers-
sedition-law-challenge-to-larger-bench-says-new-bill-to-replace-ipc-cant-affect-past-
cases-237574)
Penal Code 1860; Section 124A - In Kedar Nath Singh v. State of Bihar, 1962 Supp (2)
SCR 769 the Constitution Bench upheld the provisions of Section 124A. The
provisions of Section 124A have only been tested on the anvil of Article 19(1)(a). In
view of the development of law that has taken place in the six decades since the
judgment of the Constitution Bench in Kedar Nath Singh, it would be necessary to re-
evaluate the validity of Section 124A on the basis of the doctrines which have evolved
in those years particularly having a bearing on the ambit of Articles 14 and 21 of the
Constitution. The submissions which have been urged on behalf of the petitioners
would warrant consideration by a Bench of at least five Judges of this Court. Held,
the appropriate course of action for a three Judge Bench of this Court would be to
direct that the papers be placed before the Chief Justice of India so that, if so
considered appropriate, the batch of cases can be heard by a Bench of five or more
Judges, since the decision in Kedar Nath Singh's case (supra) was rendered by a
Constitution Bench. (Para 13) 2023 LiveLaw (SC) 780 (https://www.livelaw.in/top-
stories/supreme-court-refers-sedition-law-challenge-to-larger-bench-says-new-bill-to-
replace-ipc-cant-affect-past-cases-237574)
Section 142 – Being member of unlawful assembly
Penal Code, 1860; Sections 142 - Since the accused were members of the unlawful
assembly, it is not necessary that such a person, for being convicted, must have
actually assaulted the deceased. (Para 15) 2023 LiveLaw (SC) 953
(https://www.livelaw.in/supreme-court/for-conviction-under-section-149-ipc-no-overt-
act-needed-membership-of-unlawful-assembly-enough-supreme-court-241641)
Section 143 – Punishment for Unlawful assembly
Penal Code, 1860; Sections 143, 147, 148, 427, 448, 422, 324, 342, 307, 506 r/w. 149 -
Stay of Conviction - High Court has considered only one aspect of the matter, namely,
that the first respondent being a Member of the Parliament and a representative of
his constituency, any order of suspension of membership which is consequential
upon conviction would cause a fresh election to be conducted in so far as the Union
Territory of Lakshadweep is concerned which would result in enormous expenses.
The said aspect need not have been the only aspect which should have weighed with
the High Court. The High Court ought to have considered the application seeking the
suspension of conviction in its proper perspective covering all aspects bearing in
mind the relevant judgments rendered by this Court and in accordance with law. On
this short ground alone, set aside the impugned order and remanded the matter to
the High Court for reconsideration of the application filed by the first respondent
seeking suspension of conviction. In order to avoid a situation where there would be
vacuum created till the said application is considered by the High Court, the benefit of
the order impugned shall be extended to the first respondent herein for the said
period by way of an interim arrangement. 2023 LiveLaw (SC) 690
(https://www.livelaw.in/top-stories/supreme-court-sets-aside-order-suspending-
conviction-of-lakshadweep-mp-mohammed-faizal-asks-kerala-hc-to-decide-afresh-
235848)
Section 149 - Every member of unlawful assembly guilty of offence committed in prosecution
of common object.
Penal Code 1860; Section 149 - if an offence is committed by any member of

unlawful assembly in prosecution of the common object of that assembly, every
person who, at the time of that offence, is a member of the same assembly, is guilty
of that offence. (Para 10.2) 2023 LiveLaw (SC) 318 (https://www.livelaw.in/supreme-
court/supreme-court-judgment-unlawful-assembly-separate-trial-for-named-persons-
fir-common-object-criminal-trial-226654)
Penal Code, 1860; Section 149 - Cases involving several accused Persons - Section
149 of the Indian Penal Code is declaratory of the vicarious liability of the members
of an unlawful assembly for acts done in prosecution of the common object of that
assembly or for such offences as the members of the unlawful assembly knew would
be committed in prosecution of that object. If an unlawful assembly is formed with
the common object of committing an offence, and if that offence is committed in
prosecution of the object by any member of the unlawful assembly, all the members
of the assembly will be vicariously liable for that offence even if one or more, but not
all committed the offence. Again, if an offence is committed by a member of an
unlawful assembly and that offence is one which the members of the unlawful
assembly knew to be likely to be committed in prosecution of the common object,
every member who had that knowledge will be guilty of the offence so committed.
While overt act and active participation may indicate common intention of the person
perpetrating the crime, the mere presence in the unlawful assembly may fasten
vicariously criminal liability under Section 149. When a case involves large number of
assailants it is not possible for the witness to describe the part played therein by
each of such persons. It is not necessary for the prosecution to prove each of the
members' involvement especially regarding which or what act. (Para 17.8) 2023
LiveLaw (SC) 225 (https://www.livelaw.in/top-stories/murder-trial-credible-testimony-
of-a-single-eyewitness-sufficient-to-prove-case-beyond-reasonable-doubt-supreme-
court-224491)
Penal Code, 1860; Section 149 - For attracting the offence under Section 149 IPC, one
simply has to be a part of an unlawful assembly -Any specific individual role or act is
not material. No overt act needs to be assigned to a member of an unlawful
assembly. (Para 4) 2023 LiveLaw (SC) 573 (https://www.livelaw.in/supreme-
court/supreme-court-sec-319-crpc-merits-evidence-sandeep-kumar-vs-state-of-
haryana-2023-livelaw-sc-573-233873)
Penal Code, 1860; Section 149 - In a case involving 149 of the IPC one cannot expect
a witness to speak with graphic detail about the specific overt act that can be
attributed to each of the accused. (Para 5) 2023 LiveLaw (SC) 669
(https://www.livelaw.in/supreme-court/supreme-court-section-149-ipc-witness-bhole-
vs-state-of-madhya-pradesh-2023-livelaw-sc-669-235633)
Penal Code, 1860; Section 149 - Unlawful Assembly - Common Object - To convict a
person under Section 149 IPC prosecution has to establish with the help of evidence
that firstly, accused shared a common object and were part of unlawful assembly and
secondly, it had to prove that they were aware of the offences likely to be committed
is to achieve the said common object. (Para 10) 2023 LiveLaw (SC) 880
(https://www.livelaw.in/top-stories/s149-ipc-prosecution-must-prove-accused-was-
aware-of-offences-likely-to-be-committed-to-achieve-common-object-supreme-court-
239959)
Penal Code, 1860; Section 149 - When five persons were specifically named in the FIR
and five persons are facing the trial may be separately, Section 149 IPC would be
attracted. (Para 10) 2023 LiveLaw (SC) 318 (https://www.livelaw.in/supreme-
court/supreme-court-judgment-unlawful-assembly-separate-trial-for-named-persons-
fir-common-object-criminal-trial-226654)
Penal Code, 1860; Section 149 and 302 - Non-explanation of injuries on the persons
of the accused would create a doubt, as to, whether, the prosecution has brought on
record the real genesis of the incident or not. 2023 LiveLaw (SC) 953
(https://www.livelaw.in/top-stories/murder-trial-non-explanation-of-injuries-on-
accused-will-create-doubts-on-prosecution-version-supreme-court-241644)
Section 153A - Promoting enmity between different groups
Penal Code, 1860 - Sections 153A, 505(2) and 504 - Quashing of FIR - Abusive and
derogatory comments about holder of a high office - The law enforcement agency is
still investigating the alleged commission of offences and they ought to decide on
future course of action after completion of investigation. At this stage it is not a fit
case for interference. 2023 LiveLaw (SC) 797 (https://www.livelaw.in/supreme-
court/supreme-court-refuses-to-quash-fir-against-up-congress-leader-over-alleged-
modi-adani-love-affair-remark-237849)
Section 180 - Refusing to sign statement
Penal Code, 1860; Section 180 - Code of Criminal Procedure, 1973; Section 162 - No
statement made by a person to a police officer in the course of any investigation
under Chapter XII of the Cr.P.C., which is reduced to writing, is required to be signed
by the person making the statement - Section 180 of the IPC gets attracted only if a
statement is refused to be signed which a public servant is legally competent to
require the person making the statement to sign. (Para 22) 2023 LiveLaw (SC) 494
(https://www.livelaw.in/supreme-court/supreme-court-section-180-ipc-statement-
investigation-crpc-supriya-jain-vs-state-of-haryana-2023-livelaw-sc-494-231890)
Section 195A - Threatening any person to give false evidence
Penal Code, 1860; Section 195A - To give threat to a person to withdraw a complaint
or FIR or settle the dispute would not attract Section 195A - False evidence means
false evidence before the Court of law. On such false evidence if a person is
convicted and sentenced, then the person found guilty of administering threats would
be liable to be punished with the same punishment and sentence in the same manner
and to the same extent as such innocent person is punished and sentenced. The
word “false” in Section 195A should be read in the context with what has been
explained in Section 191 of the IPC which falls in Chapter XI – of False Evidence and
Offences Against Public Justice. (Para 16) 2023 LiveLaw (SC) 618
(https://www.livelaw.in/supreme-court/supreme-court-threaten-fir-withdraw-195a-ipc-
salib-shalu-salim-vs-state-of-u-p-2023-livelaw-sc-618-234800)
Section 279 - Rash driving or riding on a public way
Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of
sentence of convict – Object of Indian Penal Code is to punish offenders for offences
under the act – Indian Penal Code punitive and deterrent – Corrective measures
ought to be recognised while sentencing convict but deterrence became imperative
necessity under certain circumstances – Expressing undue sympathy by imposing
inadequate sentence harms justice system by causing the erosion of public
confidence in efficacy of law – Held, undue sympathy expressed by the high court
unsustainable and order liable to be quashed and set aside thereby restoring the
original sentence imposed by lower courts – Appeal allowed. 2023 LiveLaw (SC) 267
(https://www.livelaw.in/top-stories/high-court-sentence-reduction-motor-accident-
case-supreme-court-sc-undue-sympathy-aim-indian-penal-code-ipc-225470)
Section 299 - Culpable homicide
Penal Code, 1860; Section 299, 300 - Distinction between murder and culpable
homicide not amounting to murder - Locus classicus on the issue viz. Virsa Singh v.
State of Punjab [1958] S.C.R. 1495. (Para 16-17) 2023 LiveLaw (SC) 59
(https://www.livelaw.in/top-stories/murder-trial-mere-long-standing-pre-existing-
dispute-will-not-attract-exception-of-grave-sudden-provocation-supreme-court-
219904)
Penal Code, 1860; Section 299, 300, 302, 304 - A duty is enjoined upon the Court of
Sessions to undertake an exercise and to satisfy itself whether a case of culpable
homicide not amounting to murder is made out or not, before proceeding with the
trial of an accused for murder. (Para 6) 2023 LiveLaw (SC) 625
(https://www.livelaw.in/supreme-court/supreme-court-sessions-court-culpable-
homicide-murder-shaji-vs-state-of-kerala-2023-livelaw-sc-625-234946)
Penal Code, 1860; Section 299, 302 - Assuming that when the appellant approached
the deceased to stop him from using the telephone, he was aware that the change
lever was not in a safety position, it is not possible to attribute knowledge to him that
by his failure to keep SAF in the safety position, he was likely to cause the death of
the deceased. Thus, by no stretch of the imagination, it is a case of culpable
homicide as defined under Section 299 of IPC as the existence of none of the three
ingredients incorporated therein was proved by the prosecution. (Para 19) 2023
LiveLaw (SC) 539 (https://www.livelaw.in/supreme-court/supreme-court-modifies-
conviction-death-accidental-firing-pistol-safety-position-233101)
Penal Code, 1860; Sections 299, 300, 304 - Difference between the two parts of
Section 304 - Under the first part, the crime of murder is first established and the
accused is then given the benefit of one of the exceptions to Section 300 of the IPC,
while under the second part, the crime of murder is never established at all.
Therefore, for the purpose of holding an accused guilty of the offence punishable
under the second part of Section 304 of the IPC, the accused need not bring his case
within one of the exceptions to Section 300 of the IPC - If the act of an accused
person falls within the first two clauses of cases of culpable homicide as described
in Section 299 of the IPC it is punishable under the first part of Section 304. If,
however, it falls within the third clause, it is punishable under the second part of
Section 304. In effect, therefore, the first part of this section would apply when there
is 'guilty intention ', whereas the second part would apply when there is no such
intention, but there is 'guilty knowledge'. (Para 60) 2023 LiveLaw (SC) 550
(https://www.livelaw.in/supreme-court/supreme-court-guilty-intention-knowledge-
section-304-ipc-anbazhagan-vs-state-2023-livelaw-sc-550-233233)
Section 300 - Murder
Penal Code, 1860; Exception 4 to Section 300 - Essential requirement - Four

conditions must be satisfied to bring the matter within Exception 4 - (i) it was a
sudden fight; (ii) there was no premeditation; (iii) the act was done in the heat of
passion; and; that (iv) the assailant had not taken any undue advantage or acted in a
cruel manner - On a plain reading of Exception 4, it appears that the help of Exception
4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight,
(c) without the offenders having taken undue advantage or acted in a cruel or unusual
manner; and (d) the fight must have been with the person killed. To bring a case
within Exception 4 all the ingredients mentioned in it must be found. (Para 58 & 59)
2023 LiveLaw (SC) 279 (https://www.livelaw.in/tags/balu-sudam-khalde-and-another-
versus-the-state-of-maharashtra-2023-livelaw-sc-279)
Penal Code, 1860; Exception 4 to Section 300 - It is very difficult to accept the
submission that the case would fall within the Exception 4 to Section 300 of the IPC
and such benefit be extended to the accused. Assuming for the moment that the
incident had occurred in the heat of the moment and fight was also sudden, we
should not overlook the fact that the appellants herein inflicted as many as nine
blows with a dangerous weapon on the deceased who was unarmed and was
helpless. For cases to fall within clause (3) of Section 300 of the IPC, it is not
necessary that the offender intended to cause death, so long as the death ensues
from the intentional bodily injury or injuries sufficient to cause death in the ordinary
course of nature. (Para 61) 2023 LiveLaw (SC) 279 (https://www.livelaw.in/tags/balu-
sudam-khalde-and-another-versus-the-state-of-maharashtra-2023-livelaw-sc-279)
Penal Code, 1860; Exception 4 to Section 300 - The term 'cruel manner' is a relative
term. Exception 4 applies when a man kills another. By ordinary standards, this itself
is a cruel act - If we assign a meaning to the word 'cruel' used in exception which is
used in common parlance, in no case exception 4 can be applied. (Para 11) 2023
LiveLaw (SC) 571 (https://www.livelaw.in/supreme-court/supreme-court-section-300-
ipc-exception-cruel-lnk-gursewak-singh-vs-union-of-india-2023-livelaw-sc-571-
233803)
Penal Code, 1860; Exception 4 to Section 300, 302 and 498A- An offender who takes
undue advantage of a situation is not entitled to the application of Exception 4 to
Section 300 IPC. (Para 21) 2023 LiveLaw (SC) 948 (https://www.livelaw.in/supreme-
court/murder-trial-exception-4-to-section-300-ipc-not-applicable-if-accused-took-
undue-advantage-of-situation-supreme-court-241428)
Penal Code, 1860; Section 300 - The requirement of Section 300 thirdly is fulfilled if
the prosecution proves that the accused inflicted an injury which would been
sufficient to have resulted in death of the victim. The determinative fact would be the
intention to cause such injury and what was the degree of probability (gravest,
medium, or the lowest degree) of death which determines whether the crime is
culpable homicide or murder - When the nature of injury being so dangerous as to
result in death (Section 300 fourthly), accused's disregard to the consequences of the
injury, and an element of callousness to the result, denotes or signifies the intention.
(Para 18-19) 2023 LiveLaw (SC) 59 (https://www.livelaw.in/top-stories/murder-trial-
mere-long-standing-pre-existing-dispute-will-not-attract-exception-of-grave-sudden-
provocation-supreme-court-219904)
Penal Code, 1860; Section 300 - the sine qua non for the application of an Exception
to Section 300 always is that it is a case of murder but the accused claims the benefit
of the Exception to bring it out of that Section and to make it a case of culpable
homicide not amounting to murder. (Para 57) 2023 LiveLaw (SC) 279
(https://www.livelaw.in/tags/balu-sudam-khalde-and-another-versus-the-state-of-
maharashtra-2023-livelaw-sc-279)
Penal Code, 1860; Section 300 - The standard of reasonableness for applying the
“grave and sudden” provocation - mere long-standing preexisting dispute does not
attract the exception. (Para 23-24) 2023 LiveLaw (SC) 59 (https://www.livelaw.in/top-
stories/murder-trial-mere-long-standing-pre-existing-dispute-will-not-attract-
exception-of-grave-sudden-provocation-supreme-court-219904)
Penal Code, 1860; Section 300 - There can be no stereotypical assumption or formula
that where death occurs after a lapse of some time, the injuries (which might have
caused the death), the offence is one of culpable homicide. Every case has its unique
fact situation. However, what is important is the nature of injury, and whether it is
sufficient in the ordinary course to lead to death. The adequacy or otherwise of
medical attention is not a relevant factor. (Para 25-26) 2023 LiveLaw (SC) 59
(https://www.livelaw.in/top-stories/murder-trial-mere-long-standing-pre-existing-
dispute-will-not-attract-exception-of-grave-sudden-provocation-supreme-court-
219904)
Section 301 - Culpable homicide by causing death of person other than person whose death
was intended
Penal Code, 1860; Section 301 - the accused is guilty of committing an offence of
culpable homicide amounting to murder punishable under section 302 IPC and that
the intention to kill some other person is not material in as much as he had the
intention of committing the aforesaid offence though accidently he might have killed
another person. (Para 16) 2023 LiveLaw (SC) 1005 (https://www.livelaw.in/supreme-
court/supreme-court-upholds-murder-conviction-transferred-malice-doctrine-section-
302-ipc-242786)
Section 302 - Punishment for murder
Penal Code 1860; Section 302 - Murder Trial - Supreme Court reverses concurrent
findings of guilt entered by the trial court and High Court - Says exceptional case
where gross errors are committed, overlooking crying circumstances and well-
established principles of criminal jurisprudence leading to miscarriage of justice.
2023 LiveLaw (SC) 239 (https://www.livelaw.in/top-stories/supreme-cour-judgment-
on-circumstantial-evidence-two-views-possible-innocence-of-accused-
preponderance-of-probability-224764)
Penal Code, 1860 - Sections 302 r/w. 34 - In a case rested on circumstantial evidence
and 'last seen' theory is relied on as a link in the chain of circumstances, the evidence
relating the time at which the deceased was lastly seen with the accused has to be
proved conclusively as when it is proximate with the time of finding the dead body the
burden to establish the innocence would be that of the accused. (Para 24) 2023
LiveLaw (SC) 212 (https://www.livelaw.in/top-stories/supreme-court-last-seen-theory-
conviction-circumstantial-evidence-probability-or-conclusiveness-chain-of-
circumstances-224305)
Penal Code, 1860 - Sections 302, 307, 411, 436 and 120B - Explosive Substances Act,
1908; Section 5 - In view of the severity of the offence resulting in deaths of innocent
persons and the role played by each accused person, all these accused persons are
sentenced to imprisonment for life, without remission, extending to natural life. (Para
212- 213) 2023 LiveLaw (SC) 508 (https://www.livelaw.in/top-stories/ngt-cannot-
pass-directions-relying-on-recommendations-of-expert-committee-without-giving-
parties-a-chance-to-rebut-it-supreme-court-232624)
Penal Code, 1860; Section 300, 302 - Concurrent conviction of murder accused set
aside - There is a fair degree of uncertainty in the prosecution story and the courts
below appear to have somewhat been influenced by the oral testimony of PW-2 and
PW-3, without taking into consideration the effect of the other attending
circumstances, thereby warranting interference. 2023 LiveLaw (SC) 60
(https://www.livelaw.in/top-stories/supreme-court-benefit-of-doubt-murder-accused-
munna-lal-vs-state-of-uttar-pradesh-2023-livelaw-sc-60-219932)
Penal Code, 1860; Section 302 - Ante-timing of the FIR - Benefit of Doubt - In the
absence of any credible eye witness to the incident and the fact that the presence of
the accused at the place of incident is also not well established, we are constrained
to accord benefit of doubt to both the accused. Even if we ignore certain other minor
discrepancies in the oral evidence, the delay in conducting the post-mortem, the
difference in the name of the weapons of crime, i.e., “tabal” or “palkati” which are
more or less similar types of instruments for cutting crops, etc., it is a case where the
prosecution has miserably failed to prove that the accused appellants have
committed the offence beyond any reasonable doubt. 2023 LiveLaw (SC) 489
(https://www.livelaw.in/supreme-court/supreme-court-acquits-father-son-duo-old-
murder-case-benefit-of-doubt-231146)
Penal Code, 1860; Section 302 - Awarding the punishment of life imprisonment
requires due appreciation of evidence and cannot be awarded mechanically and in a
perfunctory manner. The law requires that the High Court, must, only after re-
appreciation of evidence confirm or overturn the findings of fact returned by the Trial
Court. (Para 7) 2023 LiveLaw (SC) 932 (https://www.livelaw.in/tags/indrakunwar-v-
the-state-of-chhattisgarh)
Penal Code, 1860; Section 302 - Having regard to the nature of the injuries caused by
dangerous weapons like sickle and sword which, were applied on the vital part of the
body, there is no escape from the conclusion that it is a case of Section 302 of the
IPC. (Para 60) 2023 LiveLaw (SC) 279 (https://www.livelaw.in/tags/balu-sudam-
khalde-and-another-versus-the-state-of-maharashtra-2023-livelaw-sc-279)
Penal Code, 1860; Section 302 - In the case of murder by poison, the prosecution
must prove following four circumstances: - (1) there is a clear motive for an accused
to administer poison to the deceased, (2) that the deceased died of poison said to
have been administered, (3) that the accused had the poison in his possession, (4)
that he had an opportunity to administer the poison to the deceased. (Para 20 & 26)
2023 LiveLaw (SC) 968 (https://www.livelaw.in/supreme-court/supreme-court-
acquits-accused-liquor-poisoning-case-medical-opinion-sharad-birdhichand-sarda-vs-
state-of-maharashtra-241978)
Penal Code, 1860; Section 302 - Murder Trial - In case of proven previous enmity, a
possibility of false implication cannot be ruled out. (Para 34) 2023 LiveLaw (SC) 186
(https://www.livelaw.in/top-stories/murder-trial-prosecutions-omission-to-explain-
injuries-on-accused-assumes-importance-when-evidence-consists-of-interested-
witnesses-supreme-court-223783)
Penal Code, 1860; Section 302 - Murder Trial - Omission on the part of the
prosecution to explain the injuries on the accused would assume greater importance
where the evidence consists of interested or inimical witnesses or where the defence
gives a version which competes in probability with that of the prosecution one. (Para
26) 2023 LiveLaw (SC) 186 (https://www.livelaw.in/top-stories/murder-trial-
prosecutions-omission-to-explain-injuries-on-accused-assumes-importance-when-
evidence-consists-of-interested-witnesses-supreme-court-223783)
Penal Code, 1860; Section 302 - Murder Trial - Supreme Court affirms sentence and
conviction of accused for murder based on solitary eyewitness testimony. 2023
LiveLaw (SC) 110 (https://www.livelaw.in/top-stories/quantity-of-witnesses-does-not-
matter-supreme-court-affirms-conviction-in-murder-case-based-on-solitary-
eyewitness-evidence-221643)
Penal Code, 1860; Section 302 - Murder Trial - Supreme Court sets aside conviction in
a murder case - Notes that the Trial Court and the High Court grossly erred in their
appreciation of evidence. 2023 LiveLaw (SC) 227 (https://www.livelaw.in/top-
stories/murder-trial-supreme-court-acquits-convict-witness-unbelievable-224553)
Penal Code, 1860; Section 302 - Murder Trial - When there is concurrent findings of
fact by the Trial Court and the High Court, the Apex Court ought not to re-appreciate
the evidence to examine the correctness of such findings of fact, unless there is
manifest illegality or grave and serious miscarriage of justice on account of
misreading or ignoring material evidence - Conviction and sentence of mother for
killing her 5-year old child upheld. 2023 LiveLaw (SC) 132 (https://www.livelaw.in/top-
stories/supreme-court-upholds-life-sentence-for-mother-who-killed-her-5-year-old-
child-222370)
Penal Code, 1860; Section 302 - Prosecution has failed to prove the real genesis of
the incident. There is absolutely no evidence to establish that the accused had any
motive to commit the murder of her own father. On the contrary, her father had
brought her to the house of PW.1 for treating her mental ailment. The prosecution has
utterly failed to establish that the act was done by the accused, with the intention to
cause the death of the deceased. The case would fall under Part-I of Section 304 of
the IPC and as such, conviction under Section 302 of the IPC would not be tenable.
Therefore, the appeal is partly allowed and the conviction under Section 302 of the
IPC is altered to Part-I of Section 304 of the IPC. Since the accused has been
incarcerated for a period of more than 12 years, the said sentence would subserve
the ends of justice for the offence punishable under Section 304, Part-I of the IPC.
2023 LiveLaw (SC) 322 (https://www.livelaw.in/supreme-court/supreme-court-orders-
release-of-daughter-suffering-from-mental-illness-after-12-year-sentence-for-
homicide-of-father-226835)
Penal Code, 1860; Section 302 - the circumstances in which the accused is said to
have administered poison to her two sons is clearly reflective of her being under a
state of tremendous mental stress. However, it is difficult to grant the benefit of
bringing the case under the ambit of culpable homicide not amounting to murder. Be
that as it may, the Court is not pursuaded to convert the conviction from Section 302,
IPC to one under Section 304 Part I, IPC. (Para 10) 2023 LiveLaw (SC) 401
(https://www.livelaw.in/supreme-court/court-morality-sc-allows-premature-release-
of-woman-convicted-for-killing-sons-228081)
Penal Code, 1860; Section 302 – the Supreme Court commutes death sentence of
accused who murdered his sister & her lover from another caste; takes note of 'social
pressure' - Accused, who has been sentenced to capital punishment, was a young
boy of about 25 years at the time of the incident. The medical evidence would further
reveal that the accused have not acted in a brutal manner, inasmuch as there is only
single injury inflicted on both the deceased. As such, the present case cannot be
considered to be 'rarest of rare' case. Thus, the Court after taking into consideration,
the young age of the accused at the time of incidence, the manner in which the crime
was committed, no criminal antecedent of the accused and the report of the
Probation Officer as well as the Superintendent of the Correctional Home in which the
accused is serving his sentence, commuted the death sentence imposed on the
accused to the life imprisonment. 2023 LiveLaw (SC) 361 (https://www.livelaw.in/top-
stories/supreme-court-commutes-death-sentence-of-man-who-murdered-his-sister-
her-lover-from-another-caste-227491)
Penal Code, 1860; Section 302 and 304 Part 1 - Appellant's conviction altered from
Section 302 IPC to Section 304 Part 1 IPC. 2023 LiveLaw (SC) 571
(https://www.livelaw.in/supreme-court/supreme-court-section-300-ipc-exception-
cruel-lnk-gursewak-singh-vs-union-of-india-2023-livelaw-sc-571-233803)
Penal Code, 1860; Section 302 r/w. 34 - Neither PW-3 nor PW-6 could identify any of
the three accused and they did not depose that the three policemen involved in the
crime were those who were facing trial. PW15's presence was not confirmed by PW3
and PW6 and his conduct of remaining silent for over a week creates a lingering
doubt as to whether he was a witness set up on advise, particularly, when in his first
statement was not to the investigating agency but made on an affidavit prepared by a
lawyer, who simultaneously prepared three affidavits identically worded. (Para 29)
upheld-acquittal-policemen-lack-complete-chain-circumstantial-evidence-233147)
Penal Code, 1860; Section 302 r/w. 34 - Prosecution has utterly failed to prove the
case as they need to prove the incriminating circumstances beyond reasonable
doubt. The evidence with regard to last seen theory is totally unreliable. The evidence
regarding the Call Detail Records (CDRs) also is one which does not inspire any
confidence. As such, the appeals deserve to be allowed. (Para 21) 2023 LiveLaw (SC)
617 (https://www.livelaw.in/supreme-court/sanctity-of-test-identification-parade-
doubtful-if-accused-are-already-shown-to-witnesses-in-police-station-supreme-court-
234794)
Penal Code, 1860; Section 302 r/w. 34 - The circumstance that the accused persons
were required to patrol that area and had left the police station for that end on that
fateful night is a circumstance which is not conclusive as to turn the tables on the
accused, inasmuch as the patrolling area covered two villages. It may be possible
that the accused arrived at the spot late, when the incident had already taken place,
and to chase away the miscreants, fired shots from their service rifles. The
circumstances ought to have formed a chain so far complete as to indicate that in all
human probability it were the persons facing trial and none else who committed the
crime. (Para 32) 2023 LiveLaw (SC) 542 (https://www.livelaw.in/supreme-
court/supreme-court-upheld-acquittal-policemen-lack-complete-chain-circumstantial-
evidence-233147)
Penal Code, 1860; Section 302 r/w. 34 - The deceased did not die of a rifle bullet
injury. Rather, he died from a .12 bore gunshot which could not be ascribed to rifles
issued to the accused persons. The continued presence of the accused at the spot is
a circumstance which goes in favour of the accused, being a conduct that belies a
guilty mind. According to the prosecution's own case, the accused persons, three in
number, had a rifle each with 50 rounds. Admittedly, some of the empty cartridges
found at the spot, as per the ballistic expert report, were not fired from the rifle issued
to the accused. This is indicative of presence of some other rifle also. Whose rifle it
was, the prosecution evidence is silent. Here the circumstances found proved do not
constitute a chain so far complete as to indicate that in all human probability it were
the accused persons and no one else who committed the crime. In such a situation,
there was no option for the trial court but to extend the benefit of doubt to the
accused. (Para 30, 31) 2023 LiveLaw (SC) 542 (https://www.livelaw.in/supreme-
court/supreme-court-upheld-acquittal-policemen-lack-complete-chain-circumstantial-
evidence-233147)
Penal Code, 1860; Section 302 r/w. 34 and 201 - Arms Act, 1959; Sections 4, 25 - the
case in hand is a quintessential case where to solve out a blind murder, occurring in a
forest in the darkness of night, bits and pieces of evidence were collected which
warranted a strict scrutiny before basing a conviction thereupon. On putting the
prosecution evidence to strict scrutiny and testing the same on the anvil of settled
legal principles, the evidence is not confidence inspiring as to uphold the conviction
of the accused. The courts below have failed to properly evaluate and test the
evidence by applying the correct legal principles. In such circumstances, the
judgments of the courts below are liable to be set aside. (Para 33) 2023 LiveLaw (SC)
470 (https://www.livelaw.in/supreme-court/supreme-court-acquittal-murder-convicts-
failed-prosecution-evidence-analysis-229582)
Penal Code, 1860; Section 302 r/w. 34 and 201 - Arms Act, 1959; Sections 4, 25 -
there was no disclosure in the FIR as to how the dead body was found in the forest -
who had seen the deceased in the company of the two persons was not disclosed in
the FIR - the prosecution made later improvements in the story and made deliberate
attempt to multiply the witnesses - all these circumstances taken cumulatively create
a doubt in our mind as to whether it is a quintessential case of a blind murder (i.e.
taking place at a secluded place in the darkness of night where no one could witness
the crime), therefore, to solve the case, while groping for witnesses, the prosecution
story kept evolving, either on the basis of information received from time to time, or
on guess work emanating from strong suspicion, or police suggestions. 2023
LiveLaw (SC) 470 (https://www.livelaw.in/supreme-court/supreme-court-acquittal-
murder-convicts-failed-prosecution-evidence-analysis-229582)
Penal Code, 1860; Section 302, 211 - Accused allegedly took his two sons, aged
about 9 years and 6 years, to Haiderpur Canal, and strangulated them. Thereafter, he
threw the dead bodies into the canal; and attempted to project as if it were a case of
accidental drowning - Concurrent conviction under Sections 302, 211 IPC upheld by
the Apex Court. 2023 LiveLaw (SC) 2 (https://www.livelaw.in/top-stories/supreme-
court-mental-incapacity-murder-conviction-prem-singh-vs-state-of-nct-of-delhi-
217911)
Penal Code, 1860; Section 302, 304 Part 1 - Conviction altered from S 302 to S 304
Part 1 - the possibility of the appellant causing the death of the deceased while being
deprived of the power of self-control, due to the provocation on account of the
deceased cannot be ruled out - The weapon used in the crime is a stick which was
lying in the house, and which, by no means, can be called a deadly weapon - it will
also be necessary to take into consideration the background in which the offence
took place. There used to be persistent quarrels between the deceased and the
appellant. (Para 13) 2023 LiveLaw (SC) 585 (https://www.livelaw.in/supreme-
court/supreme-court-murder-conviction-stick-nirmala-devi-vs-state-of-himachal-
pradesh-2023-livelaw-sc-585-234119)
Penal Code, 1860; Section 302/34 or 307/34 - To fasten liability with the aid of
Section 34 IPC what must necessarily be proved is a common intention to commit
the crime actually committed and each accused person can be convicted of that
crime, only if it is in furtherance of the common intention of all. Common intention
pre-supposes a prior concert, though pre-concert in the sense of a distinct previous
plan is not necessary as common intention to bring about a particular result may
develop on the spot. The question whether there was any common intention or not
depends upon the inference to be drawn from the proven facts and circumstances of
each case. The totality of the circumstances must be taken into consideration in
arriving at the conclusion whether the accused had a common intention to commit
an offence with which they could be convicted. (Para 29) 2023 LiveLaw (SC) 815
(https://www.livelaw.in/supreme-court/section-313-crpc-failure-to-put-incrimination-
circumstances-to-accused-will-not-vitiate-trial-if-no-prejudice-is-caused-supreme-
court-238480)
Penal Code, 1860; Sections 302 – Murder – Accused taking the deceased from home
on a bicycle - Even if we accept PW4 daughter's testimony that the accused, on that
fateful day, took the deceased on a bicycle to the fields that by itself is not conclusive
to indicate that he took her to kill her; because, admittedly, the accused held
agricultural holding and it is quite possible that he may have taken his wife to assist
him in the agricultural operations. It is common practice in villages for ladies to help
their menfolk in agricultural operations. The allegation that while taking her a
declaration was made that she would be killed does not inspire our confidence for the
reason that the motive set out by the prosecution for such a quarrel has not been
proved. (Para 24) 2023 LiveLaw (SC) 408 (https://www.livelaw.in/top-
stories/supreme-court-receipt-bribe-money-laundering-prevention-act-pmla-ed-
corruption-228903)
Penal Code, 1860; Sections 302 – Murder - Circumstantial Evidence - there is no

direct eye witness account of the murder. The body of the deceased was found in the
open on a railway track. In such circumstances to sustain a conviction the court
would have to consider — (i) whether the circumstances relied by the prosecution
have been proved beyond reasonable doubt; (ii) whether those circumstances are of
a definite tendency unerringly pointing towards the guilt of the accused; (iii) whether
those circumstances taken cumulatively form a chain so far complete that there is no
escape from the conclusion that within all human probability the crime was
committed by the accused; (iv) whether they are consistent only with the hypothesis
of the accused being guilty; and (v) whether they exclude every possible hypothesis
except the one to be proved. (Para 23) 2023 LiveLaw (SC) 408
(https://www.livelaw.in/top-stories/supreme-court-receipt-bribe-money-laundering-
prevention-act-pmla-ed-corruption-228903)
Penal Code, 1860; Sections 302 – Murder – Disclosure Statement and Recovery - The
prosecution placed heavy reliance on recovery of blood-stained clothes and stones
from the hut of the accused on the basis of disclosure made by him - All papers were
prepared at one go rendering the entire exercise of disclosure and consequential
discovery/recovery doubtful - the High Court was justified in doubting the recovery of
blood-stained clothes etc. at the instance of the accused from the hut and on the
basis of a disclosure statement made by him. (Para 24) 2023 LiveLaw (SC) 408
Penal Code, 1860; Sections 302 – Murder – Extra Judicial Confession - The alleged
extra judicial confession made by the accused to PW4 daughter was neither
disclosed in the FIR nor in the previous statement of PW4 made during investigation.
PW4 was confronted with that omission during her deposition in court. That apart,
the testimony of PW4 with regard to the accused returning home, making extra
judicial confession, changing clothes, washing blood-stained clothes and spreading
them to dry has been found unreliable and shaky by the High Court for cogent
reasons, which do not appear perverse as to warrant an interference. Thus, the
circumstance of extra judicial confession is also not proved beyond doubt. (Para 24)
2023 LiveLaw (SC) 408 (https://www.livelaw.in/top-stories/supreme-court-receipt-
bribe-money-laundering-prevention-act-pmla-ed-corruption-228903)
Penal Code, 1860; Sections 302 – Murder – Motive - the original motive for the crime
was a dispute arising from keeping of jewellery by the deceased with her sister,
whereas the statement of prosecution witnesses established that the jewellery had
been returned much before the incident, therefore, there existed no cogent motive for
the crime - the prosecution failed to prove the motive set out by it. No doubt absence
of motive by itself may not be sufficient to dislodge the prosecution case if the other
proven circumstances could form a chain so complete as to indicate that in all
human probability it is the accused and no one else who committed the crime but, in
a case based on circumstantial evidence, motive plays an important part. Because,
not only it makes the story believable but also helps the court in fortifying an
inference which may be drawn against the accused from other attending
circumstances. (Para 24) 2023 LiveLaw (SC) 408 (https://www.livelaw.in/top-
stories/supreme-court-receipt-bribe-money-laundering-prevention-act-pmla-ed-
corruption-228903)
Penal Code, 1860; Sections 302 – Murder – Quarrels and disputes between husband
and wife are everyday phenomena and not such an event which may create a strong
suspicion of an impending crime much less murder. (Para 24) 2023 LiveLaw (SC) 408
Penal Code, 1860; Sections 302 – Murder – The Supreme Court upheld the decision
of High Court which acquitted an accused who was awarded death sentence by the
Trial Court for the alleged murder of his wife on the ground that prosecution has
failed to prove the circumstances (i.e. motive, disclosure, recovery, and extra judicial
confession) beyond reasonable doubt. 2023 LiveLaw (SC) 408
Penal Code, 1860; Sections 302 and 201 - There is serious doubt about the
genuineness of the prosecution case regarding the recovery of a dead body and the
recovery of the alleged instrument of the offence at the instance of the accused.
Most importantly, it is not possible to accept the case of the prosecution which is
entirely based on the extra-judicial confession made by the accused. Thus, there was
no legal evidence on record to convict the accused. In any case, the guilt of the
accused has not been proved beyond a reasonable doubt. (Para 16) 2023 LiveLaw
(SC) 679 (https://www.livelaw.in/supreme-court/supreme-court-ruling-extra-judicial-
confession-evidentiary-value-murder-conviction-235773)
Penal Code, 1860; Sections 302 and 307 - Accused is liable to be convicted under
Sections 302 and 307 IPC for committing culpable homicide amounting to murder
and attempt to murder. The tainted investigation shows the highhandedness of the
accused, who was a powerful person, being a sitting M.P. of the Ruling Party. Adverse
inference against the accused is drawn in view of their subsequent conduct. (Para
114 (b), (j)) 2023 LiveLaw (SC) 664 (https://www.livelaw.in/tags/harendra-rai-v-state-
of-bihar)
Penal Code, 1860; Sections 302 read with 34 and 120B – Evidence Act, 1872; Section
106 - Apartment from where the dead body was found stood in the tenancy and
possession of accused - the prosecution has failed to prove a chain of incriminating
circumstances as to conclusively point out that in all human probability it was the
two accused or any one of them, and no one else, who had committed the murder. In
such circumstances, even if the accused failed to explain as to how the dead body of
the deceased was found in his apartment, an inference of his guilt cannot be drawn.
In a nutshell, it is a case where the prosecution failed to elevate its case from the
realm of "may be true" to the plane of "must be true" as is indispensably required for
conviction on a criminal charge. (Para 86) 2023 LiveLaw (SC) 418
(https://www.livelaw.in/supreme-court/supreme-court-sets-aside-conviction-in-
murder-case-due-to-incomplete-evidence-228423)
Penal Code, 1869; Section 302 - Appeal against concurrent conviction in a murder
case - Allowed - Conviction set aside - The time gap between when the deceased was
seen in the company of the accused on 09-10-1999 and the probable time of his
death, based on the post mortem report, which was conducted two days later, but
was silent about the probable time of death, though it stated that death occurred
approximately two days before the post mortem, is not narrow. Given this fact, and
the serious inconsistencies in the depositions of the witnesses, as well as the fact
that the FIR was lodged almost 6 weeks after the incident, the sole reliance on the
“last seen” circumstance (even if it were to be assumed to have been proved) to
convict the accused-appellants is not justified. 2023 LiveLaw (SC) 41
(https://www.livelaw.in/top-stories/supreme-court-last-seen-circumstance-murder-
conviction-jabir-vs-state-of-uttarakhand-2023-livelaw-sc-41-219218)
Section 304 - Punishment for culpable homicide not amounting to murder
Penal Code, 1860; Section 304 Part II and 149 - Different sentence for the convicts for
the same offence - The impugned judgment fell into error in not considering the
gravity of the offence. Having held all the accused criminally liable, under Section 304
Part II read with Section 149 IPC and also not having found any distinguishing feature
in the form of separate roles played by each of them, the imposition of the “sentence
undergone” criteria, amounted to an aberration, and the sentencing is for that reason,
flawed. This court is, therefore, of the view that given the totality of circumstances
(which includes the fact that the accused have been at large for the past four years),
the appropriate sentence would be five years rigorous imprisonment. (Para 16) 2023
LiveLaw (SC) 492 (https://www.livelaw.in/supreme-court/supreme-court-on-high-
court-judgment-resulting-in-different-jail-terms-for-convicts-in-same-offence-231845)
Section 304A - Causing death by negligence
Penal Code, 1860; Section 304A - There is a failure on the part of the appellant who
was holding a sophisticated automatic weapon to ensure that the change lever was
always kept in a safety position. This was the minimum care that he was expected to
take while he approached the deceased. Thus, there is gross negligence on the part
of the appellant which led to a loss of human life. (Para 20) 2023 LiveLaw (SC) 539
(https://www.livelaw.in/supreme-court/supreme-court-modifies-conviction-death-
accidental-firing-pistol-safety-position-233101)
Section 304B - Dowry Death
Penal Code, 1860 - Section 304B and 498A - Mere death of a wife under unnatural
circumstances, in a matrimonial home, within seven years of marriage is not
sufficient to convict the husband for dowry death. (Para 23) 2023 LiveLaw (SC) 341
(https://www.livelaw.in/supreme-court/supreme-court-dowry-death-section-304b-ipc-
unnatural-death-of-wife-in-matrimonial-home-within-seven-years-of-marriage-227111)
Penal Code, 1860; Section 304B - Dowry Death - Validity and credibility of dying
declaration - The High Court had partly upheld the conviction of the appellant /
husband under Section 304B IPC for dowry death. The primary evidence against the
appellant was the dying declaration of the deceased-wife, which alleged that the
appellant had set her on fire after a disagreement over dowry. Held, doubts regarding
the voluntary nature of the dying declaration and its recording, including
discrepancies in testimony concerning the deceased's fitness to provide such a
statement. The High Court's selective belief in the dying declaration (disbelieving
parts of it concerning father-in-law but relying on it for the husband) raised further
questions about its credibility. Evidence from the Investigating Officer suggested a
different conclusion concerning the circumstances of the incident. The testimonies
provided by the relatives of the deceased regarding harassment due to dowry were
vague, and no concrete evidence was presented to substantiate the claims. Given
these findings, the dying declaration was not free from doubt and that the charge
under Section 304B IPC (harassment due to non-fulfillment of dowry demand) was
not conclusively proven. The Court acquitted the appellant of all charges and set
aside the judgments of the trial court and the High Court. (Para 10 – 18) 2023
LiveLaw (SC) 833 (https://www.livelaw.in/supreme-court/supreme-court-judgment-
dying-declaration-reliability-dowry-death-cases-238936)
Section 306 - Abetment of suicide
Penal Code, 1860; Section 306 - Evidence Act, 1872; Section 113A - Mere fact of
commission of suicide by itself would not be sufficient for the court to raise the
presumption under Section 113A of the Evidence Act, and to hold the accused guilty
of Section 306 IPC. (Para 14) 2023 LiveLaw (SC) 149 (https://www.livelaw.in/top-
stories/supreme-court-113a-evidence-act-suicide-presumption-kashibai-vs-state-of-
karnataka-2023-livelaw-sc-149-222778)
Penal Code, 1860; Section 306, 107 - To attract the ingredients of Section 306 IPC,
there must be evidence to substantiate the existence of suicide. It should be followed
by abetment, as required under Section 107 of the IPC. (Para 9) 2023 LiveLaw (SC)
641 (https://www.livelaw.in/supreme-court/supreme-court-section-306-ipc-suicide-
yaddanapudi-madhusudhana-rao-vs-state-of-andhra-pradesh-2023-livelaw-sc-641-
235138)
Penal Code, 1860; Sections 306, 107 - In order to convict a person for the offences
under Section 306 IPC, the basic constituents of the offence namely where the death
was suicidal and whether there was an abetment on the part of the accused as
contemplated in Section 107 IPC have to be established - In order to bring the case
within the purview of 'Abetment' under Section 107 IPC, there has to be an evidence
with regard to the instigation, conspiracy or intentional aid on the part of the accused.
For the purpose proving the charge under Section 306 IPC, also there has to be an
evidence with regard to the positive act on the part of the accused to instigate or aid
to drive a person to commit suicide. (Para 6-10) 2023 LiveLaw (SC) 149
(https://www.livelaw.in/top-stories/supreme-court-113a-evidence-act-suicide-
presumption-kashibai-vs-state-of-karnataka-2023-livelaw-sc-149-222778)
Section 307 - Attempt to murder
Penal Code, 1860; Section 307 - Merely because the injuries sustained by the
complainant were very simple in nature, that would not absolve the
appellant/accused from being convicted for the offence under Section 307 of the
IPC. What is important is an intention coupled with the overt act committed by the
appellant/accused. (Para 8) 2023 LiveLaw (SC) 715 (https://www.livelaw.in/top-
stories/supreme-court-section-307-ipc-injuries-attempt-to-murder-s-k-khaja-vs-state-
of-maharashtra-2023-livelaw-sc-715-236332)
Section 308 - Attempt to commit culpable homicide
Penal Code, 1860; Section 308 - Attempt to Culpable Homicide - Conviction under
section 308 IPC not sustainable if accused had no intention or knowledge to cause
death. 2023 LiveLaw (SC) 510 (https://www.livelaw.in/supreme-court/supreme-court-
modifies-bus-conductor-conviction-causing-grievous-hurt-232139)
Section 323 - Punishment for voluntarily causing hurt
Penal Code, 1860 - Section 323, 504 and 506 - Office Altercation - Nature of
allegations are of very trivial nature - there is no progress made in the proceedings
since the chargesheet was filed in the year 2015 – Held, that continuing the
proceedings would be a persecution and harassment - As such a petty incident which
took place in their office should have been resolved by the parties on that day itself,
instead of stretching it so far. (Para 6) 2023 LiveLaw (SC) 606
(https://www.livelaw.in/supreme-court/supreme-court-quashes-chargesheet-petty-
offence-altercation-234524)
Penal Code, 1860 - Sections 323 and 504 - Muzaffarnagar school student slapping
case, in which a primary school teacher punished a Muslim boy by asking other
students to slap him. Held, the victim must have undergone trauma. The State
Government to ensure that proper counselling is extended to the victim of the offence
through an expert child counsellor. Even the other students, who were involved in the
incident, in the sense that they allegedly followed the mandate issued by the teacher
and assaulted the victim, need counselling by an expert child counsellor. The State
Government will take immediate steps to do the needful by providing services of an
expert child counsellor. 2023 LiveLaw (SC) 843 (https://www.livelaw.in/top-
stories/supreme-court-muzaffarnagar-child-slapping-uttar-pradesh-police-quality-
education-rte-act-238610)
Penal Code, 1860 - Sections 323 and 504 - Student slapping case - Physical
punishment inflicted upon a student who belongs to a minority community.
Considering the manner in which the Police have delayed action and especially the
fact that though a case of cognizable offence was made out, only a non-cognizable
case was reported, we direct that the investigation shall be conducted under the
supervision of a senior IPS Officer, nominated by the State Government. The IPS
Officer so nominated will go into the question of whether the second proviso to
Section 75 of the JJ Act is attracted and whether Section 153A of the IPC needs to be
applied. 2023 LiveLaw (SC) 843 (https://www.livelaw.in/top-stories/supreme-court-
muzaffarnagar-child-slapping-uttar-pradesh-police-quality-education-rte-act-238610)
Section 333 - Voluntarily causing grievous hurt to deter public servant from his duty
Penal Code, 1860; Sections 333, 353 and 451 – granted the benefit of probation to a
social worker who was convicted of assaulting a public servant and reduced her
sentence to 1 month. The incident related to 1992 when she had barged into the
office of the Directorate (Women and Child Development) and abused and pushed a
public official who got injured in her right finger. The matter was over 30 years old
where appellant was out on bail all these years. Now, she's an old lady of 62 years.
The court acknowledged that there was no scuffle as such and the appellant was
only raising the concerns of laborers. The court was cognizant that hurting a public
servant is a serious offense where a 10-year jail term can be granted. But the court
while considering all the factors in totality was of the view that leniency can be
shown to the appellant. The Court allowed the appeal partly by upholding the
conviction but at the same time reduced the jail term to 1-month simple
imprisonment for offenses under sections 333 and 451 IPC. It also imposed a fine of
25,000 to be given to the injured public servant. (Para 3 - 13) 2023 LiveLaw (SC) 605
(https://www.livelaw.in/supreme-court/supreme-court-grants-probation-social-
worker-public-servant-assault-case-234523)
Section 338 - Causing grievous hurt by act endangering life or personal safety of others
Penal Code, 1860; Section 338 - Causing grievous hurt by act endangering life or
personal safety of others - At that relevant time, the bus was overcrowded. There
were a number of passengers waiting at the bus stop. Therefore, it was the duty of
the conductor to take care of the passengers. Hence, before he rang the bell and gave
a signal to the driver to start the bus, he ought to have verified whether all passengers
had safely boarded the bus. He could have ascertained this from accused no.3 –
cleaner who was standing near the door of the bus. However, he did not take that
precaution and care which he was under an obligation to take. Therefore, the accused
acted rashly and negligently as he did not perform his duty of being careful. The
accused knew that at the relevant bus stop, a large number of students were waiting
to take the bus to reach their school and therefore, the accused ought to have verified
whether all the passengers had properly boarded the bus before giving the signal to
the driver. However, he did not verify whether the passengers had properly boarded
the bus. Therefore, he is guilty of negligence as he failed to perform his duty. In fact,
this was an act of recklessness on his part. The fact is that due to the negligence on
the part of the accused, human life was endangered. (Para 14) 2023 LiveLaw (SC)
510 (https://www.livelaw.in/supreme-court/supreme-court-modifies-bus-conductor-
conviction-causing-grievous-hurt-232139)
Section 341 - Making or possessing counterfeit seal
Penal Code, 1860; Sections 341, 302 r/w. 34 - All the five accused persons called the
deceased a witch who is the cause of trouble to the villagers as she used to indulge
in witchcraft. The nature of injuries which have been caused on the head of the
deceased with the deadly weapons proves that they had assembled with the
common intention and not merely to threaten her or to deter her from practicing
witchcraft. In the light of the clinching evidence and in the absence of any specific
lacuna in the testimony of the witnesses and the documentary evidence adduced,
held, that the trial court had not committed any error in convicting and sentencing the
accused persons with imprisonment of life. The conviction and sentence have rightly
been affirmed by the High Court. (Para 19) 2023 LiveLaw (SC) 779
(https://www.livelaw.in/supreme-court/supreme-court-upholds-life-sentence-for-men-
who-killed-woman-alleging-witchcraft-237748)
Section 342 - Punishment for wrongful confinement
Penal Code, 1860; Sections 342 and 376(2)(g) - Criminal Appeal against concurrent
conviction in rape case - There was no evidence brought on record to connect the
present appellants with the offence - Accused Acquitted. 2023 LiveLaw (SC) 592
(https://www.livelaw.in/supreme-court/supreme-court-rape-case-acquittal-avtar-
singh-vs-state-of-punjab-2023-livelaw-sc-592-234263)
Section 363 - Punishment for kidnapping
Penal Code, 1860 – Sections 363, 364A – Kidnapping for ransom vis-à-vis kidnapping
simpliciter – Proof of kidnapping for ransom – Punishable with death or
imprisonment for life and as such has a higher evidentiary threshold – Three stages
or components, namely, first, kidnapping or abduction of a person and keeping them
in detention; second, threat to cause death or hurt, and the use of kidnapping,
abduction, or detention with a demand to pay the ransom; and third, when the
demand is not met, then causing death – Fulfilment of second ingredient, namely,
threat to cause death or hurt – Intimidation of child victim, for the purpose of making
them silent not adequate – Held, prosecution's case did not prove second ingredient
beyond reasonable doubt as a result of the victim's statement being subsequently
modified to reflect crucial differences that would enable the prosecution to drive
home the kidnapping for ransom charge – Further held, conviction under Section
364A ought to be altered in exercise of power under Section 216 of Code of Criminal
Procedure into the lesser offence under Section 363 – Appeal partly allowed. 2023
LiveLaw (SC) 167 (https://www.livelaw.in/top-stories/mere-intimidation-prevent-
kidnapping-victim-shouting-help-insufficient-proof-threat-life-limb-supreme-court-
223252)
Section 364A - Kidnapping for ransom
Penal Code, 1860; Section 364A r/w. 120B, 302 and 201 - A young boy in the first
flush of youth was cruelly done to death and the wrongdoers necessarily had to be
brought to book for the injustice done to him and his family. However, the manner in
which the police tailored their investigation, with complete indifference to the
essential norms in proceeding against the accused and in gathering evidence; leaving
important leads unchecked and glossing over other leads that did not suit the story
that they had conceived; and, ultimately, in failing to present a cogent, conceivable
and fool-proof chain of events pointing to the guilt of the appellants, with no
possibility of any other hypothesis, leaves us with no option but to extend the benefit
of doubt to the accused. (Para 38) 2023 LiveLaw (SC) 814
(https://www.livelaw.in/tags/rajesh-anr-v-the-state-of-madhya-pradesh)
Penal Code, 1860; Section 364A r/w. 120B, 302 and 201 - It is indeed perplexing that,
despite the innumerable weak links and loopholes in the prosecution's case, the Trial
Court as well as the High Court were not only inclined to accept the same at face
value but went to the extent of imposing and sustaining capital punishment. No valid
and acceptable reasons were put forth as to why this case qualified as the 'rarest of
rare cases', warranting such drastic punishment. Per contra, held, that the yawning
infirmities and gaps in the chain of circumstantial evidence in this case warrant
acquittal of the accused by giving them the benefit of doubt. The degree of proof
required to hold them guilty beyond reasonable doubt, on the strength of
circumstantial evidence, is clearly not established. (Para 39) 2023 LiveLaw (SC) 814
(https://www.livelaw.in/tags/rajesh-anr-v-the-state-of-madhya-pradesh)
Section 375 - Rape
Penal Code 1860; Section 375 Exception 2 - Sex with minor wife aged 16 years -
Supreme Court acquits husband relying on exception 2 to Section 375 IPC. 2023
LiveLaw (SC) 170 (https://www.livelaw.in/top-stories/sex-with-minor-wife-supreme-
court-acquits-husband-of-rape-relying-on-exception-2-to-sec-375-ipc-223180)
Section 376 - Punishment for rape
Penal Code, 1860; Section 376 - Accused concurrently convicted under Section 376
IPC for rape - Allowing his appeal and acquitting him, the Supreme Court observed:
The prosecutrix being a married woman and the mother of three children was
matured and intelligent enough to understand the significance and the consequences
of the moral or immoral quality of act she was consenting to. Even otherwise, if her
entire conduct during the course of such relationship with the accused, is closely
seen, it appears that she had betrayed her husband and three children by having
relationship with the accused, for whom she had developed liking for him. She had
gone to stay with him during the subsistence of her marriage with her husband, to live
a better life with the accused. Till the time she was impregnated by the accused in
the year 2011, and she gave birth to a male child through the loin of the accused, she
did not have any complaint against the accused of he having given false promise to
marry her or having cheated her. She also visited the native place of the accused in
the year 2012 and came to know that he was a married man having children also, still
she continued to live with the accused at another premises without any grievance.
She even obtained divorce from her husband by mutual consent in 2014, leaving her
three children with her husband. It was only in the year 2015 when some disputes
must have taken place between them, that she filed the present complaint. The
accused in his further statement recorded under Section 313 of Cr.P.C. had stated
that she had filed the complaint as he refused to fulfill her demand to pay her huge
amount. Thus, having regard to the facts and circumstances of the case, it could not
be said by any stretch of imagination that the prosecutrix had given her consent for
the sexual relationship with the appellant under the misconception of fact, so as to
hold the appellant guilty of having committed rape within the meaning of Section 375
of IPC. 2023 LiveLaw (SC) 66 (https://www.livelaw.in/tags/naim-ahamed-vs-state-nct-
of-delhi-2023-livelaw-sc-66)
Penal Code, 1860; Section 376 - It would be a folly to treat each breach of promise to
marry as a false promise and to prosecute a person for the offence of rape under
Section 376 IPC - Difference between giving a false promise and committing breach
of promise by the accused - In case of false promise, the accused right from the
beginning would not have any intention to marry the prosecutrix and would have
cheated or deceited the prosecutrix by giving a false promise to marry her only with a
view to satisfy his lust, whereas in case of breach of promise, one cannot deny a
possibility that the accused might have given a promise with all seriousness to marry
her, and subsequently might have encountered certain circumstances unforeseen by
him or the circumstances beyond his control, which prevented him to fulfill his
promise. (Para 20) 2023 LiveLaw (SC) 66 (https://www.livelaw.in/tags/naim-ahamed-
vs-state-nct-of-delhi-2023-livelaw-sc-66)
Penal Code, 1860; Sections 376 - Since age was such a crucial factor in the present
case, the prosecution should have done a bone ossification test for determination of
the age of the prosecutrix. 2023 LiveLaw (SC) 937 (https://www.livelaw.in/supreme-
court/false-allegation-of-rape-cause-distress-humiliation-to-accused-supreme-court-
while-acquitting-man-in-rape-case-241263)
Penal Code, 1860; Sections 376 - The evidence of a prosecutrix in a case of rape is of
the same value as that of an injured witness. It is again true that conviction can be
made on the basis of the sole testimony of the prosecutrix. All the same, when a
conviction can be based on the sole testimony of the prosecutrix, the courts also
have to be extremely careful while examining this sole testimony. (Para 5) 2023
LiveLaw (SC) 937 (https://www.livelaw.in/supreme-court/false-allegation-of-rape-
cause-distress-humiliation-to-accused-supreme-court-while-acquitting-man-in-rape-
case-241263)
Penal Code, 1860; Sections 376 - the proof submitted by the prosecution with regard
to the age of the prosecutrix in the form of the school register was not sufficient to
arrive at a finding that 13 the prosecutrix was less than sixteen years of age,
especially when there were contradictory evidences before the Trial Court as to the
age of the prosecutrix. It was neither safe nor fair to convict the accused, particularly
when the age of the prosecutrix was such a crucial factor in the case. (Para 9) 2023
LiveLaw (SC) 937 (https://www.livelaw.in/supreme-court/false-allegation-of-rape-
cause-distress-humiliation-to-accused-supreme-court-while-acquitting-man-in-rape-
case-241263)
Penal Code, 1860; Sections 376, 377, 302 and 201 - Rape & Murder of 6-year-old girl -
Numerous lapses in investigation - the reasons why the investigation officers were
changed time and again from PW 6 to PW 12 and then to PW 13, is surprising and
unexplained. No reason stands given for having decided that there was no need to
comply with the provisions of Section 53A of CrPC. There is unexplained delay in
sending the samples collected for analysis. A premises already searched was
searched again, the reason for which is not borne from record. Lock panchnama is
not prepared. No samples of blood and semen of the accused can be said to have
been drawn by any medical or para medical staff, allegedly an additional sample is
taken from the accused more than a month after the arrest. Alleged disclosure
statement of the accused was never read over and explained to the accused in his
vernacular language. The accused was not residing alone at the place alleged to be
his residence. What was the basis of the accused being a suspect at the first
instance, remains a mystery. Persons who may have shed light on essential aspects
went unexamined. Such multitudinous lapses have compromised the quest to punish
the doer of such a barbaric act in absolute peril. Thus, the Court set aside the
conviction and sentences of death penalty and life imprisonment imposed on the
accused and set him at liberty. 2023 LiveLaw (SC) 461 (https://www.livelaw.in/top-
stories/supreme-court-sets-aside-death-sentence-life-imprisonment-minor-sexual-
assault-murder-case-229426)
Section 376 (D) - Gang Rape
Penal Code, 1860; Section 376(D), 228A, 506 and 120B – Cancellation of Bail -
Special leave to appeal has been filed by the victim assailing the correctness of the
order passed by the High Court granting bail to respondent no. 2 (Jitendra Narain),
Ex-Chief Secretary of Andaman and Nicobar Islands - The High Court noted that as
the accused Jitendra Narain, an IAS officer has already been transferred to Delhi, if
some stringent conditions are put, the Respondent No.2 would not be in a position to
influence any of the witnesses in the Islands. The Division Bench also noticed that
Jitendra Narain being in service, there would be no chance of him absconding. The
Court further noticed that there was no material to impress that in case he was
released, he would influence the witnesses or there would be any danger of justice
being thwarted. On such considerations, the Division Bench proceeded to grant bail,
subject to conditions. Held, not find reason to interfere with the Impugned
Judgments. (Para 4, 12) 2023 LiveLaw (SC) 718 (https://www.livelaw.in/top-
stories/supreme-court-affirms-bail-granted-to-former-andaman-chief-secretary-
jitendra-narain-in-port-blair-gang-rape-case-236050)
Section 386 - Extortion by putting a person in fear of death on grievous hurt
Penal Code, 1860; Section 386 - The victim must be induced to deliver to any person
any property or valuable security, etc. That is to say, the delivery of the property must
be with consent which has been obtained by putting the person in fear of any injury.
In contrast to theft, in extortion there is an element of consent, of course, obtained by
putting the victim in fear of injury. In extortion, the will of the victim has to be
overpowered by putting him or her in fear of injury. Forcibly taking any property will
not come under this definition. It has to be shown that the person was induced to
part with the property by putting him in fear of injury. (Para 22) 2023 LiveLaw (SC)
618 (https://www.livelaw.in/supreme-court/supreme-court-threaten-fir-withdraw-
195a-ipc-salib-shalu-salim-vs-state-of-u-p-2023-livelaw-sc-618-234800)
Section 390 - Robbery
Penal Code, 1860; Section 390 - Theft amounts to 'robbery' if, in order to the
committing of the theft, or in committing the theft, or in carrying away or attempting
to carry away property obtained by the theft, the offender for that end, voluntarily
causes or attempts to cause to any person death or hurt or wrongful restraint, or fear
of instant death or of instant hurt, or of instant wrongful restraint. Before theft can
amount to 'robbery', the offender must have voluntarily caused or attempted to cause
to any person death or hurt or wrongful restraint, or fear of instant death or of instant
hurt, or of instant wrongful restraint. The second necessary ingredient is that this
must be in order to the committing of the theft, or in committing the theft, or in
carrying away or attempting to carry away property obtained by the theft. The third
necessary ingredient is that the offender must voluntarily cause or attempt to cause
to any person hurt etc., for that end, that is, in order to the committing of the theft or
for the purpose of committing theft or for carrying away or attempting to carry away
property obtained by the theft. It is not sufficient that in the transaction of committing
theft, hurt, etc., had been caused. If hurt, etc., is caused at the time of the
commission of the theft but for an object other than the one referred to in Section
390, IPC, theft would not amount to robbery. It is also not sufficient that hurt had
been caused in the course of the same transaction as commission of the theft. (Para
14) 2023 LiveLaw (SC) 624 (https://www.livelaw.in/supreme-court/supreme-court-
criminal-proceedings-antecedents-mohammad-wajid-vs-state-of-u-p-2023-livelaw-sc-
624-234925)
Section 405 - Criminal breach of trust
Penal Code, 1860; Section 405, 406 - A mere dispute on monetary demand does not
attract the offence of criminal breach of trust - Mere wrong demand or claim would
not meet the conditions specified by Section 405 of the IPC in the absence of
evidence to establish entrustment, dishonest misappropriation, conversion, use or
disposal, which action should be in violation of any direction of law, or legal contract
touching the discharge of trust. (Para 15) 2023 LiveLaw (SC) 3
(https://www.livelaw.in/top-stories/supreme-court-summoning-order-clarification-
ambiguities-deepak-gaba-vs-state-of-uttar-pradesh-217979)
Section 415 - Cheating
Penal Code, 1860; Section 415, 420 - The sine qua non of Section 415 of the IPC is
“fraudulence”, “dishonesty”, or “intentional inducement”, and the absence of these
elements would debase the offence of cheating - For the offence of cheating, there
should not only be cheating, but as a consequence of such cheating, the accused
should also have dishonestly adduced the person deceived to deliver any property to
a person; or to make, alter, or destroy, wholly or in part, a valuable security, or anything
signed or sealed and which is capable of being converted into a valuable security.
(Para 17) 2023 LiveLaw (SC) 3 (https://www.livelaw.in/top-stories/supreme-court-
summoning-order-clarification-ambiguities-deepak-gaba-vs-state-of-uttar-pradesh-
217979)
Section 420 - Cheating and dishonestly inducing delivery of property
Penal Code, 1860; Section 420 - Code of Criminal Procedure, 1973; Section 438 - It is
considered appropriate to remind the high courts and the sessions courts not to be
unduly swayed by submissions advanced by counsel on behalf of the accused in the
nature of undertakings to keep in deposit/repay any amount while seeking bail under
section 438 of the Cr. PC. and incorporating a condition in that behalf for
deposit/payment as a pre-requisite for grant of bail. (Para 2) 2023 LiveLaw (SC) 496
(https://www.livelaw.in/supreme-court/supreme-court-dont-grant-bail-in-private-
cheating-cases-merely-because-accused-undertook-to-deposit-money-231892)
Penal Code, 1860; Section 420 - Code of Criminal Procedure, 1973; Section 438 - In
the context of grant of bail, all such conditions that would facilitate the appearance of
the accused before the investigating officer/court, unhindered completion of
investigation/trial and safety of the community assume relevance. However, inclusion
of a condition for payment of money by the applicant for bail tends to create an
impression that bail could be secured by depositing money alleged to have been
cheated. That is really not the purpose and intent of the provisions for grant of bail.
court-dont-grant-bail-in-private-cheating-cases-merely-because-accused-undertook-
to-deposit-money-231892)
Penal Code, 1860; Section 420 - Code of Criminal Procedure, 1973; Section 482 - A
breach of contract does not give rise to criminal prosecution for cheating unless
fraudulent or dishonest intention is shown right at the beginning of the transaction.
Merely on the allegation of failure to keep up promise will not be enough to initiate
criminal proceedings - The criminal Courts are not meant to be used for settling
scores or pressurise parties to settle civil disputes. 2023 LiveLaw (SC) 157
(https://www.livelaw.in/top-stories/mere-breach-of-contract-cant-be-basis-for-
criminal-case-for-cheating-supreme-court-223071)
Penal Code, 1860; Section 420 - Ingredients to constitute an offence of cheating -

Explained. 2023 LiveLaw (SC) 402
(https://www.livelaw.in/pdf_upload/135120208150344297judgement03-may-2023-
471316.pdf)
Penal Code, 1860; Section 420 - Looking to the averments and allegations in the
complaint, it is not appreciable at all, how the appellants are alleged to have
committed the offence of cheating. The ingredients for the offence of cheating are
not at all satisfied. There is no question of deceiving any person, fraudulently or
dishonestly to deliver any property to any person. Therefore, even on bare reading of
the averments and allegations in the complaint, no case even remotely for the
offence under Section 420 IPC is made out. (Para 5.6) 2023 LiveLaw (SC) 359
(https://www.livelaw.in/top-stories/supreme-court-prakash-singh-badal-akali-dal-
shiromani-akali-dal-227409)
Penal Code, 1860; Sections 420, 465, 466, 467, 468, 471 - Representation of People
Act, 1951; Section 29A – Allegation that the Memorandum annexed with the
application for registration was false – Held, Even the application under Section 29A
of the Act, 1951 was made as far as back in the year 1989 and thereafter even the
respondent No. 1 filed the complaint before the ECI, which came to be dismissed by
the ECI and thereafter the present complaint has been filed in the year 2009, i.e., after
a period of 20 years from the date of filing of the application for registration under
Section 29-A of the Act, 1951, which was made in the year 1989. Even assuming the
complaint's averments to be true, do not make out the ingredients of the offences, for
which the learned Trial Court has passed the summoning order. (Para 5.12, 6) 2023
LiveLaw (SC) 359 (https://www.livelaw.in/top-stories/supreme-court-prakash-singh-
badal-akali-dal-shiromani-akali-dal-227409)
Section 463 - Forgery
Penal Code, 1860; Sections 463, 464 and 471 - For the offence of forgery, there must
be making of a false document with intent to cause damage or injury to the public or
to any person. Therefore, making the false documents is sine qua non - Making a
false claim and creating and producing the false document both are different and
distinct. (Para 5.9) 2023 LiveLaw (SC) 359 (https://www.livelaw.in/top-
stories/supreme-court-prakash-singh-badal-akali-dal-shiromani-akali-dal-227409)
Section 464 - Making a false document
Penal Code, 1860; Section 464, 470 471 - The condition precedent of an offence
under Section 471 of the IPC is forgery by making a false document or false
electronic record or part thereof - A person is said to have made a 'false document':
(i) if he has made or executed a document claiming to be someone else or authorised
by someone else; (ii) if he has altered or tampered a document; or (iii) if he has
obtained a document by practising deception, or from a person not in control of his
senses. Unless, the document is false and forged in terms of Sections 464 and 470 of
the IPC respectively, the requirement of Section 471 of the IPC would not be met.
summoning-order-clarification-ambiguities-deepak-gaba-vs-state-of-uttar-pradesh-
217979)
Section 489C - Possession of forged or counterfeit currency notes or bank-notes
Penal Code, 1860; Section 489C - Accused-appellant found to be in possession of 43

counterfeit notes of denomination of Rs.10. He was a vegetable vendor - Sentence of
5 years imprisonment modified to the one already undergone while retaining the
conviction. 2023 LiveLaw (SC) 643 (https://www.livelaw.in/supreme-court/supreme-
court-vegetable-vendor-palanisamy-vs-state-2023-livelaw-sc-643-235193)
Section 498A - Husband or relative of husband of a woman subjecting her to cruelty.
Penal Code, 1860, Section 498A, 323 / 504 / 506 - Dowry Prohibition Act, 1961;
Section 3 & 4 - Code of Criminal Procedure, 1973; Section 438 - Matrimonial Offences
- Denial of anticipatory bail and a further direction to surrender before the Court and
seek regular bail – Held, there are no startling features or elements that stand out or
any exceptional fact disentitling the appellant to the grant of anticipatory bail. Once
the chargesheet was filed and there was no impediment, at least on the part of the
accused, the court having regard to the nature of the offences, the allegations and
the maximum sentence of the offences they were likely to carry, ought to have
granted the bail as a matter of course. However, the court did not do so but
mechanically rejected and, virtually, to rub salt in the wound directed the appellant to
surrender and seek regular bail before the Trial Court. Therefore, the High Court fell
into error in adopting such a casual approach. The impugned order of rejecting the
bail and directing the appellant, to surrender and later seek bail, therefore, cannot
stand, and is hereby set aside. (Para 12) 2023 LiveLaw (SC) 583
(https://www.livelaw.in/top-stories/supreme-court-arnesh-kumar-guidelines-arrest-
section-498a-high-court-director-general-of-police-notifications-234044)
Penal Code, 1860; Section 498A - Allegations are mostly general and omnibus in
nature, lacking specific details regarding how and when her brothers-in-law and
mother-in-law, who lived in different cities altogether, allegedly subjected her to dowry
harassment. After leaving her matrimonial home in February 2009, the wife took no
action until 2013 when she filed a complaint alleging dowry harassment, just before
her husband instituted divorce proceedings. The allegations seem so far-fetched and
improbable that no prudent person could conclude that there are sufficient grounds
to proceed against the in-laws. Permitting the criminal process to continue in such a
situation would undoubtedly result in a clear and patent injustice. This was a fit case
for the High Court to exercise its inherent power under Section 482 of the Cr.P.C. to
quash the FIR and the consequential proceedings. (Para 20 - 22) 2023 LiveLaw (SC)
731 (https://www.livelaw.in/tags/abhishek-v-state-of-madhya-pradesh)
Penal Code, 1860; Section 498A - When marriage has been found to be null and void,
the conviction under Section 498A IPC would not be sustainable. (Para 7) 2023
LiveLaw (SC) 116 (https://www.livelaw.in/top-stories/supreme-court-498a-ipc-null-
void-marriage-p-sivakumar-vs-state-2023-livelaw-sc-116-221803)
Penal Code, 1860; Sections 498A and 304B - Irrespective of the fact that accused
have been acquitted for the offence punishable under Section 304B, Section 498A
would cover the cases in which the wife is subjected to cruelty by husband or
relatives of the husband which may result in death by way of suicide or cause grave
injury or danger to life, limb or health (whether mental or physical). (Para 21) 2023
LiveLaw (SC) 915 (https://www.livelaw.in/top-stories/supreme-court-upholds-section-
498a-ipc-conviction-despite-acquittal-under-section-304b-ipc-240699)
Penal Code, 1860; Sections 498A and 304B - When dying declaration would not
suggest that there was any proximate nexus to the act of committing suicide on
account of preceding demand for dowry or in other words the demand of dowry on
any particular date having triggered the deceased to commit the suicide or forced her
to self-immolate, conviction of the accused under Section 304B cannot be sustained.
upholds-section-498a-ipc-conviction-despite-acquittal-under-section-304b-ipc-
240699)
Penal Code, 1860; Sections 498A, 304B r/w. 34 – Dowry Death - Poisoning - Absence
of detection of poison in the viscera report alone need not be treated as a conclusive
proof of the fact that the victim has not died of poison. In certain circumstances,
traces of poison may not be found in the body due to evaporation, vomiting, purging,
and detoxification processes. Where the deceased dies as a result of poisoning, it is
difficult to successfully isolate the poison and recognize it. Lack of positive evidence
in this respect would not result in throwing out the entire prosecution case, if the
other circumstances clearly point out the guilt of the accused. (Para 29, 30 & 33)
upholds-dowry-death-conviction-even-without-positive-viscera-report-237949)
Section 499 - Defamation
Penal Code, 1860; Exception 8 to Section 499 - It is not a defamation to prefer in good
faith an accusation against any person to any of those who have lawful authority over
that person with regard to the subject-matter of accusation - In this case, the accused
lodged a complaint in writing addressed to the Sub Divisional Magistrate stating that
a person had put up a shop by encroaching upon some land - Defamation complaint
quashed. 2023 LiveLaw (SC) 602 (https://www.livelaw.in/supreme-court/supreme-
court-defamation-allegations-complaint-kishore-balkrishna-nand-2023-livelaw-sc-602-
234499)
Penal Code, 1860; Section 499 – Criminal defamation case over the "why all thieves
have Modi surname" remark - Trial Judge has awarded the maximum sentence of
imprisonment for two years. Except the admonition given to the appellant by the
Apex Court no other reason has been assigned while imposing the maximum
sentence of two years. It is only on account of the maximum sentence of two years,
the provisions of Section 8(3) of the RP Act have come into play. Had the sentence
been even a day lesser, the provisions of Section 8(3) of the Act would not have been
attracted. Particularly, when an offence is non-cognizable, bailable and
compoundable, the least that the Trial Judge was expected to do was to give some
reasons as to why, in the facts and circumstances, he found it necessary to impose
the maximum sentence of two years. (Para 5, 6) 2023 LiveLaw (SC) 598
(https://www.livelaw.in/top-stories/supreme-court-congress-leader-rahul-gandhi-
conviction-stay-criminal-defamation-case-modi-thieves-remark-234384)
Penal Code, 1860; Section 499 – Defamation - Stay of Conviction - Though the
Appellate Court and the High Court have spent voluminous pages while rejecting the
application for stay of conviction, the reasons for maximum sentence have not even
been touched in their orders. No doubt that the alleged utterances by the appellant
are not in good taste. A person in public life is expected to exercise a degree of
restraint while making public speeches. May be, had the judgment of the Apex Court
in the contempt proceedings come prior to the speech, the appellant would have
been more careful and exercised a degree of restraint while making the alleged
remarks, which were found to be defamatory by the Trial Judge. (Para 7, 8) 2023
LiveLaw (SC) 598 (https://www.livelaw.in/top-stories/supreme-court-congress-leader-
rahul-gandhi-conviction-stay-criminal-defamation-case-modi-thieves-remark-234384)
Penal Code, 1860; Section 499 - Magistrate can dismiss defamation complaint by
applying the exceptions under section 499 IPC even before issuing summons to the
accused. (Para 44) 2023 LiveLaw (SC) 860 (https://www.livelaw.in/supreme-
court/magistrate-can-dismiss-defamation-complaint-by-applying-exceptions-under-
s499-ipc-before-issuing-summons-to-accused-supreme-court-239571)
Section 504 - Intentional insult with intent to provoke breach of the peace
Penal Code, 1860; Section 504 - Mere abuse, discourtesy, rudeness or insolence, may
not amount to an intentional insult within the meaning of Section 504, IPC if it does
not have the necessary element of being likely to incite the person insulted to commit
a breach of the peace of an offence and the other element of the accused intending
to provoke the person insulted to commit a breach of the peace or knowing that the
person insulted is likely to commit a breach of the peace. Each case of abusive
language shall have to be decided in the light of the facts and circumstances of that
case and there cannot be a general proposition that no one commits an offence
under Section 504, IPC if he merely uses abusive language against the complainant -
In judging whether particular abusive language is attracted by Section 504, IPC, the
court has to find out what, in the ordinary circumstances, would be the effect of the
abusive language used and not what the complainant actually did as a result of his
peculiar idiosyncrasy or cool temperament or sense of discipline. It is the ordinary
general nature of the abusive language that is the test for considering whether the
abusive language is an intentional insult likely to provoke the person insulted to
commit a breach of the peace and not the particular conduct or temperament of the
complainant. (Para 25- 26) 2023 LiveLaw (SC) 624 (https://www.livelaw.in/supreme-
court/supreme-court-criminal-proceedings-antecedents-mohammad-wajid-vs-state-
of-u-p-2023-livelaw-sc-624-234925)
Penal Code, 1860; Section 504 - One of the essential elements for constituting an
offence under Section 504 of the IPC is that there should have been an act or conduct
amounting to intentional insult. Where that act is the use of the abusive words, it is
necessary to know what those words were in order to decide whether the use of
those words amounted to intentional insult. In the absence of these words, it is not
possible to decide whether the ingredient of intentional insult is present. (Para 28)
criminal-proceedings-antecedents-mohammad-wajid-vs-state-of-u-p-2023-livelaw-sc-
624-234925)
Section 506 - Punishment for criminal intimidation
Penal Code, 1860; Section 506 - Before an offence of criminal intimidation is made
out, it must be established that the accused had an intention to cause alarm to the
complainant. (Para 27) 2023 LiveLaw (SC) 624 (https://www.livelaw.in/supreme-
court/supreme-court-criminal-proceedings-antecedents-mohammad-wajid-vs-state-
of-u-p-2023-livelaw-sc-624-234925)
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Supreme Court Annual Digest 2023 -Indian Penal Code

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Indian Penal Code 1860

Section 34 - Acts done by several persons in furtherance of common intention

Penal Code,1860; Section 34 - In the absence of any incriminating material or other

Section 80 - Accident in doing a lawful act

Section 86 - Offence requiring a particular intent or knowledge committed by one who is

Section 107 - Abetment of a thing

Section 120A - Definition of criminal conspiracy

Section 120B - Punishment of criminal conspiracy

Penal Code, 1860; Section 120B - To establish conspiracy it is necessary to establish

Section 124A - Sedition

Section 142 – Being member of unlawful assembly

Penal Code 1860; Section 149 - if an offence is committed by any member of

Section 153A - Promoting enmity between different groups

Section 195A - Threatening any person to give false evidence

Section 279 - Rash driving or riding on a public way

Section 299 - Culpable homicide

Section 300 - Murder

Penal Code, 1860; Exception 4 to Section 300 - Essential requirement - Four

Penal Code, 1860; Sections 302 – Murder - Circumstantial Evidence - there is no

Section 304 - Punishment for culpable homicide not amounting to murder

Section 304A - Causing death by negligence

Section 304B - Dowry Death

Section 306 - Abetment of suicide

Section 307 - Attempt to murder

Section 308 - Attempt to commit culpable homicide

Section 323 - Punishment for voluntarily causing hurt

Section 341 - Making or possessing counterfeit seal

Section 342 - Punishment for wrongful confinement

Section 364A - Kidnapping for ransom

Section 375 - Rape

Section 376 - Punishment for rape

Section 376 (D) - Gang Rape

Section 386 - Extortion by putting a person in fear of death on grievous hurt

Section 390 - Robbery

Section 415 - Cheating

Section 420 - Cheating and dishonestly inducing delivery of property

Penal Code, 1860; Section 420 - Ingredients to constitute an offence of cheating -

Section 463 - Forgery

Section 464 - Making a false document

Section 489C - Possession of forged or counterfeit currency notes or bank-notes

Penal Code, 1860; Section 489C - Accused-appellant found to be in possession of 43

Section 498A - Husband or relative of husband of a woman subjecting her to cruelty.

Section 499 - Defamation

Section 506 - Punishment for criminal intimidation

Supreme Court Judgments (https://www.livelaw.in/tags/supreme-court-judgments)

Indian Penal Code 1860 (https://www.livelaw.in/tags/indian-penal-code-1860)

#Yearly digest (https://www.livelaw.in/tags/yearly-digest)

Supreme Court 2023 (https://www.livelaw.in/tags/supreme-court-2023)

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