81. Subramanian Swamy VS Union of India - 13 May 16
Defamation and reputation defined.Constituent assembly debates can be taken aid of for the purpose of understanding the intention of the framers of the Constitution. In civil action common law right can be taken resort to.Noscitur a sociis is only a rule of interpretation. It is not applicable where intention of legislature in deliberately using wider words to make scope of the defined word correspondingly wider is clear.“Defamation” cannot be restricted by “incitement to an offence”.American decisions are inapplicable to interpretation of Articles 19(1)(a) and 19(2).Right to freedom of speech and expression are not absolute but subject to imposition of reasonable restrictions.Restriction on fundamental rights should not be excessive and it should be in public interest.No article in Part III of the Constitution is an island but part of a continent.Reputation which is an inherent component of Article 21, should not be allowed to be sullied solely to enable another individual to have its freedom (of expression).The main provision (Section 499) along with Explanations and Exceptions not being vague, excessive or arbitrary, cannot be called unreasonable and unconstitutional. No justification to declare the section 199, Cr PC ultra vires.Sections 499 and 500 of the Indian Penal Code and Section 199 of the Code of Criminal Procedure are constitutional.
Criminal defamation – Neither any FIR can be filed nor can any direction be issued under Section 156(3) CrPC – Therefore responsibility ... (a) Defamation – Indian Penal Code, 1860 – Section 499 – Defamation – Defamatory statement – A statement tending to lower a person ... 499 and 500 of the Indian Penal Code and Section 199 of the Code of Criminal Procedure held constitutional. ... Section 199(2) CrPC provides a different procedure for certain category of person and Court of Session to be the Court of first instance ... Section 199(1) CrPC which is intended to be a restriction on who may file a criminal complaint under Section 499/500 IPC has to be ... 499 IPC, there remains the problem of whether criminal prosecution for defamation under Section 499 and Section 500 IPC acts as
India - Crimes
82. State of Madhya Pradesh VS Surjan Singh - 23 Jul 92
Section 403 does not preclude the applicability of the rule of issue estoppel.
This appeal has been preferred by the State under section
India - Crimes
83. Sushil Suri VS State - 03 May 06
In the bailable offence under Section 138 of Negotiable Instruments Act, while allowing bail to accused no such condition could be imposed by Court that accused shall take permission of Court prior to going abroad but could direct accused to inform Court in writing when leaving for abroad.
Negotiable Instruments Act, 1881—Section 138—Criminal ... Procedure Code, 1973—Section 436—Offence of dishonour of cheque—Bail—Court’s power to impose condition ... 497 (5), Criminal P.C., of causing persons so released to be arrested and committed to custody, which sub-section he would apply ... 496, Criminal P.C., in case the condition was not fulfilled. ... 496, Criminal P.C., if bonds are furnished for the accused’s appearance.
India - Dishonour Of Cheque
84. STATE OF PUNJAB VS LABH SINGH - 17 Dec 14
A public servant cannot be prosecuted either under IPC or PC Act in absence of sanction by Government. Protection under section 19(1) PC Act ceases after retirement of the public servant. Thereafter sanction is not required. However, protection of section 197, CrPC continues even after retirement. Therefore a public servant cannot be prosecuted for offences punishable under IPC unless sanction from Government is obtained.
;The public servants namely Sikandar Singh and Labh Singh challenged the aforesaid order dated 07.06.2005 by filing Criminal ... Out of six charges framed, one pertained to the offence under section 13(1)© read with section Prevention of Corruption Act, 1988 – Section 19(1), – Sanction for prosecution – ... This appeal by special leave challenges the judgment and order dated 17.01.2006 passed by the High Court of Punjab and Haryana in Criminal ... The public servants namely Sikandar Singh and Labh Singh challenged the aforesaid order dated 07.06.2005 by filing Criminal Revision ... and under section 13(1)(C) read with section 13(1)(2) of the Prevention of Corruption Act, 1988 (‘POC’ Act, for short).
India - Supreme Court
85. Hemraj VS State of Rajasthan - 13 Sep 99
Vital consideration for grant of bail by suspension of sentence under Section 389, Cr. P.C. is that accused must have prima facie a good case but issue of delay occasioned by High Court's own inability to hear appeal cannot be ignored.
Criminal Procedure Code, 1973 - Section 389(2) - Suspension of sentence pending appeal and bail - Vital consideration is that accused ... - Issue of delay occasioned by High Court's own inability to hear appeal also can not be ignored Petitioner was convicted under Sections ... Sub-section (2) of Section 389, Cr. ... In the instant application under Section 389, Cr. ... 392 read with Section 397, I.P.C. to rigorous imprisonment for 10 years.
India - Crimes
86. Shri Bhagwan VS State of Rajasthan - 10 May 01
Important pointThough conviction under Sections 302, 392 and 397 IPC is confirmed but death sentence is modified to life sentence with further direction that appellant shall not be released unless he has served at least 20 years of imprisonment as crime is barbarous but not one of the rarest of the rare cases.
—Life imprisonment of 20 years under Section 57 IPC—Case law referred—Cr.P.C. Section 433(b) and 433-A reference. ... In the facts and circumstances, it is a fit case where the presumption under Illustration (a) to Section 114 of the Evidence Act ... Section 57 IPC provides that in calculating fractions of terms of punishment, imprisonment for life is to be reckoned as equivalent ... Procedure or the Prisons Act. ... The appellant was tried for offences under Section 302 and 392 read with Section-397 IPC and was found guilty. ... Question may arise—whether in view of the provision of Section 433(b) read with Section 433-A Cr.P.C. accused should be released
India - Crimes
87. Lal Singh VS State Of Gujarat - 09 Jan 01
Important points1. For convicting the accused under Section 3(3) TADA Act, it is not necessary that someone should be convicted under Section 3(2) for commission of a terrorist act.2. Section 15 TADA Act is an important departure from the ordinary law and must receive the interpretation which would achieve the object of that provision and not frustrate or truncate it.3. A confession recorded under Section 15 of the TADA Act is a substantive piece of evidence and can be used against a co-accused also.
Penal Code, 1860—Section 120-B—Criminal conspiracy for subversive and terrorist activities ... 3(3), 5—Indian Penal Code, 1860—Section 120B—Criminal conspiracy ... x) Terrorist and Disruptive Activities (Prevention) Act, 1987—TADA Rules—Rule 14—Procedure ... procedure and the rules or the guidelines framed by the Bombay High Court for recording the confession by a Magistrate under Section ... Saquib Nachan has filed Criminal No. 244/1997 and A 20 Shoaib Mukhtiar has filed Criminal Appeal No. 294/1997. ... He has deposed about the procedure of routine check up of passengers.
India - Supreme Court
88. Sri A. M. C. S. Swamy, ADE/DPE/Hyd (Central) VS Mehdi Agah Karbalai - 23 Jul 19
Special Court is empowered to take cognizance without there being order of committal as contemplated under Section 193 of Code of Criminal Procedure, 1973.
order passed by High Court of Judicature at Hyderabad in Criminal Petition, By that order, High Court has allowed Criminal Petition ... order is passed only on said ground, order impugned is liable to be set aside – Impugned order in Criminal Petition passed by High ... Present Criminal Appeal is filed by Officer of the State Distribution Utility Southern Power Distribution of Telangana Limited challenging ... It is true that as per the procedure under Section 193 of the Code of Criminal Procedure, 1973, no Court of Session shall take cognizance ... By the aforesaid order, the High Court has allowed the Criminal Petition No.13678 of 2011, which was filed under Section 482 of the ... This Criminal Appeal is filed by the Officer of the State Distribution Utility Southern Power Distribution of Telangana Limited (
India - Supreme Court
89. State through Superintendent of Police, CBI/SIT etc. VS Nalini, etc. etc. - 11 May 99
Very Important Points1. Court should always bear in mind that sentences are in almost every case intended to protect the public whether by punishing the offender or reforming him or deterring him and others, or all of those things.2. The most important ingredient of the offence of conspiracy is agreement between two or more persons to do an illegal act. The illegal act may or may not be done in pursuance of agreement but the very agreement is an offence and is punishable.3. Everyone of the conspirators need not have taken active part in the Commission of each and every one of the conspiratorial acts for the offence of conspiracy to be made out.Important points1. Confession made admissible under Section 15 of TADA can be used as against a co-accused only in the same manner and subject to the same conditions as stipulated in Section 30 of the Evidence Act.2. For an offence under Section 120 B, the prosecution need not necessarily prove that the perpetrators expressly agreed to do and/or caused to be done the illegal act, the agreement may be proved by necessary implication. 3. It is well-nigh settled that Section 10 of the Evidence Act is founded on the principle of Law of agency by rendering the statement or act of one conspirator binding on the other if it was said during subsistence of the common intention as between the conspirators. If so once the common intention ceased to exist any statement made by a former conspirator thereafter cannot be regarded as one made in reference to their common intention.
We have to see both the crime and the criminal. ... 14 - Indian Wireless Telegraphy Act, 1933 - Section 6 (1A) - Death Reference - Criminal conspiracy - Explosion of human bomb ... 14 - Indian Wireless Telegraphy Act, 1933 - Section 6(1A) - Death Reference - Criminal conspiracy - Explosion of human bomb resulting ... 300 of the Procedure Code. ... 221 of the Procedure Code. “221. ... 374, Criminal P.C., and when disposing of an appeal under Section 423, Criminal P.C., and that is that the High Court has to satisfy
India - Crimes
90. Jayan VS State of Kerala - 10 Aug 12
For the exercise of the jurisdiction under Section 319 of the Code in all cases cross-examination of the witness is not a must, and each case must be decided on its own facts in exercise of the judicial discretion of the court for adding a new accused.
The aforesaid question in relation to the term ‘evidence’ under sub- section (1) of Section 319 has come up for consideration before ... Criminal Procedure Code, 1973—Section 319—Petitioner summoned as additional accused in a case being tried by Magistrate for offence ... in treating it as evidence for the purpose of adding a new accused under the Section and how far the court is empowered to do so ... That Section of the Code reads thus: 319. ... Sub-section (3) of the Section ... State of Rajasthan3 analysing Section 319 of the Code, it has been held that the key words in the Section are “it appears from the
India - Crimes