Indian Penal Code 1860

14th Apr, 2018

Defamatory allegations against office of Chief Minister to constitute an offence should have reasonable connection with the discharge of public duties of Chief Minister.

In a landmark judgment on law relating to Defamation, the Supreme Court, closed criminal proceedings against chief spokesperson of Indian National Congress for having made defamatory allegations against the Chief Minister. The reason for closure […]
7th Apr, 2018

Stay of proceedings ordinarily not to be granted beyond six months

The Supreme Court in a landmark case has directed that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry […]
7th Apr, 2018

Trial court can’t order accused to undergo life term beyond 14 years without chance for remission

The Delhi High Court has said the trial court cannot order an accused to undergo life imprisonment for a certain number of years beyond 14 years without being considered for remission. In the matter of […]
22nd Feb, 2018

Conviction for causing disappearance of evidence merely because of failure to inform Police about crime not justified.

It was held by the Hon’ble Supreme Court that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime.   It was so decided […]
10th Aug, 2017

Powers of Police under Section 498A IPC curtailed

The Hon’ble Supreme Court of India in the matter of Rajesh Sharma Vs. State of UP, Criminal appeal no. 1265 of 2017, decided on 27th July, 2017 inter-alia gave the following guidelines in regard to […]
20th May, 2016

Conviction cannot be based on the only circumstance of ‘last seen together’ #indianlaws

A conviction cannot be based on the only circumstance of last seen together. Normally, last seen theory comes into play where the time gap, between the point of time when the accused and the deceased […]
9th Dec, 2015

Proximate & live link between cruelty based on dowry demand and death is a must to prove dowry death #indianlaws

  To attract the provisions of Section 304B, one of the main ingredients of the offence which is required to be established is that “soon before her death” she was subjected to cruelty or harassment […]
6th Sep, 2015

Punishments should be proportionate to the nature and gravity of the offences#indianlaws

In a writ before the Supreme Court,a declaration was sought that Section 364A inserted in the Indian Penal Code (IPC) by Act 42 of 1993 was ultra vires the Constitution to the extent of prescribing […]
1st Aug, 2015

Complaint alleging breach of trust and cheating must convincingly prove entrustment and deception #indianlaws

To constitute an offence punishable under Section 406 IPC, the essential ingredient is the “entrustment” of the property.  It is only after entrustment is shown, it can be said that there was criminal breach of […]
21st Jun, 2015

Rights of convicts awarded with Death Penalty #indianlaws

The condemned prisoners also have a right to dignity and execution of death sentence cannot be carried out in an arbitrary, hurried and secret manner without allowing the convicts to exhaust all legal remedies.
2nd Jun, 2015

Freedom of speech and expression not absolute in the context of obscenity #indianlaws

Considering matter from the point of obscenity, contemporary community standards test is the main criterion and it has to be appreciated on the foundation of modern perception, regard being had to the criterion that develops […]
22nd Apr, 2015

Supreme Court comes down heavily against abuse of Section 498A of Indian Penal Code

A tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even […]