Appellate Court Cannot Enhance Sentence
The Supreme Court held that the appellate court cannot enhance the sentence in cases where the appeal is filed by the accused. The appellant trespassed into the house of his…
Courts Must Compare Prosecution and Defence Statements in Cases of Circumstantial Evidence
The Supreme Court held that in cases where a court has relied on circumstantial evidence, it must compare the prosecution’s evidence with that of the defence. Where two views exist,…
Enforcement of PUCL Guidelines not Contingent on Direct Victim Participation
The Supreme Court held that the procedural safeguards laid down in People’s Union for Civil Liberties v State of Maharashtra (2014) for police encounters are binding and must be enforced regardless of…
Union to form a Committee to increase institutional accountability in POCSO Cases
The Supreme Court set aside the sentence awarded to a Protection of Children from Sexual Offences Act, 2012 (POCSO) convict, reasoning that it would cause further injustice to the victim, who was…
Separate Grounds not Required when Arrest is made with Warrant
The Supreme Court held that a warrant is adequate to constitute the grounds for arrest. A reading of the warrant to the detained person is sufficient to satisfy the requirement…
Direct Evidence not Necessary to Determine Conspiracy in Terror cases -NDPS, UAPA
The Supreme Court held that physical recovery of contraband is not necessary to determine conspiracy and facilitation of a crime in a narcotics smuggling operation. Harpreet Singh Talwar was accused…
Transfer of prisoner on grounds of security—valid—administrative decision—Prisoners Act 1900
The Supreme Court held that the transfer of a prisoner from one jail to another is an administrative decision. Therefore, Courts must interfere in the matter sparingly. A decision to…
Maintenance Despite Restitution of Conjugal Rights-section 125 CrPC
The Supreme Court held that a restitution of conjugal rights decree does not absolve a husband from paying maintenance under Section 125 of the Code of Criminal Procedure (CrPC), if the wife has valid…
Anticipatory Bail in cases of Financial Fraud- IPC/ CrPC / Companies Act 2013
The Supreme Court emphasised that anticipatory bail should not be granted to persons accused of serious economic fraud under Section 212(6) read along with Section 447 (Punishment for fraud) of…
Default Bail under Section 167(2) of CrPC
The Supreme Court clarified that 90-day default bail under Section 167(2)(a)(i) of the Code of Criminal Procedure, 1973 applies only to offences with a minimum punishment of 10 years. The…