Bharatiya Nyaya Sanhita, 2023 - Supreme Court Quarterly Digest Jan - Mar, 2026

Section 61(2) - Criminal conspiracy punishment

Section 120B IPC – Criminal Conspiracy – Demand and Acceptance of Bribe – Individual Liability vs. Collective Culpability – The Supreme Court held that even if a charge of criminal conspiracy (Section 120B IPC) fails due to lack of evidence regarding a prior meeting of minds or demand by one of the accused, the other accused can still be independently convicted for demand and acceptance under Section 7 of the PC Act if the evidence specifically establishes their individual role - The conduct of an accused person—such as turning pale, remaining "mum," or attempting to escape/dispose of the bribe money when challenged by the Trap Laying Officer—is admissible as relevant conduct under Section 8 of the Evidence Act. Central Bureau of Investigation v. Baljeet Singh, 2026 LiveLaw (SC) 228 : 2026 INSC 221

Section 63 - Rape definition

Distinction between False Promise and Breach of Promise — held that a breach of promise (where an initially serious intention is later hindered by unforeseen circumstances) is not a "false promise" (where there is no intention to marry from the beginning) - Supreme Court expressed concern over the "disquieting tendency" of giving broken relationships the color of criminality, noting that such misuse of the justice machinery trivializes the offense of rape and burdens the judiciary – Appeal allowed. [Relied on Naim Ahamed vs. State (NCT of Delhi), (2023) 15 SCC 38; Mahesh Damu Khare vs. State of Maharashtra, (2024) 11 SCC 39; Prashant vs. State of NCT of Delhi, (2025) 5 SCC 764; Samadhan vs. State of Maharashtra, 2025 SCC OnLine SC 2528; Paras 19-27] Pramod Kumar Navratna v. State of Chhattisgarh, 2026 LiveLaw (SC) 118 : 2026 INSC 124 : 2026 CriLJ 1016

Section 64 - Punishment for rape

Section 376(2)(n) IPC — Rape on false pretext of marriage — Consensual relationship vs. Misconception of fact — Quashing of FIR — The Supreme Court quashed the criminal proceedings against an advocate-accused where the complainant, also an advocate, was a married woman with a child and had pending divorce proceedings - held that since the complainant was already married and legally ineligible to enter into a second marriage under Section 5(i) of the Hindu Marriage Act, 1955, any alleged promise of marriage by the accused was legally unenforceable and could not be termed a "misconception of fact" to vitiate consent. Pramod Kumar Navratna v. State of Chhattisgarh, 2026 LiveLaw (SC) 118 : 2026 INSC 124 : 2026 CriLJ 1016

Scope of Section 376(2)(n) IPC — "Repeatedly" — The provision contemplates a series of separate acts of sexual assault committed at different points in time, often under fear, pressure, or continued deceit - Held that a consensual relationship turning acrimonious does not satisfy the ingredients of this section. Pramod Kumar Navratna v. State of Chhattisgarh, 2026 LiveLaw (SC) 118 : 2026 INSC 124 : 2026 CriLJ 1016

Section 376(2)(g) IPC - Solitary Testimony of Prosecutrix — Reliability — While conviction can rest on the solitary version of a prosecutrix, it must inspire the confidence of the Court - Supreme Court found material inconsistencies in the statements of the prosecutrix regarding the location of the incident (room vs. plot) and the distance from her house, which weakened the prosecution's case - held that the defense of prior enmity (water dispute) between the parties was not properly considered by the lower courts, which had given undue weightage to the prosecutrix's emotional outbursts - In the absence of immediate reporting, supporting evidence such as a medical report becomes crucial - there was a total lack of medical or corroborative evidence to prove the act – Appeal allowed. [Relied on Vijayan vs. State of Kerala (2008) 14 SCC 763; Paras 13-18] Rajendra v. State of Uttarakhand, 2026 LiveLaw (SC) 243 : 2026 INSC 238 : AIR 2026 SC 1490

Section 376(2)(g) and Section 506 IPC — Rape — Conviction Set Aside — Appreciation of Evidence — Delayed FIR and Solitary Testimony of Prosecutrix — The Supreme Court set aside the conviction of the appellants, holding that the prosecution failed to establish the case beyond reasonable doubt - Supreme Court observed that the FIR was lodged after a significant delay of over three months without a cogent explanation - noted that the prosecutrix's version failing to disclose the incident even to her husband but allegedly disclosing it later to a stranger who was never produced as a witness was contrary to natural human conduct. Rajendra v. State of Uttarakhand, 2026 LiveLaw (SC) 243 : 2026 INSC 238 : AIR 2026 SC 1490

Section 376 IPC - SC/ST (Prevention of Atrocities) Act, 1989 — Sexual Offences — Appreciation of Child Witness Testimony — Appeal against acquittal — The Supreme Court set aside the High Court's judgment of acquittal, restoring the conviction of the respondent - held that the High Court erred by prioritizing minor inconsistencies and "mathematical precision" regarding travel time over the credible, unshakeable testimony of the nine-year-old victim - Reiterated that there is no hard and fast rule for testing the competency of a child witness; it depends on the trial judge's satisfaction regarding the child's capacity to distinguish truth from falsehood - Corroboration is a rule of practical wisdom, not a legal necessity, and conviction can be based solely on a child's testimony if it inspires confidence and withstands cross-examination. [Para 7, 8, 10] State of Himachal Pradesh v. Hukum Chand @ Monu, 2026 LiveLaw (SC) 294 : 2026 INSC 290

Section 80 - Dowry death

Section 80(2) and 85 BNS — Bharatiya Sakshya Adhiniyam, 2023; Section 118 — Dowry Death — Grant of Bail — Sustainability of High Court Order — Supreme Court set aside the Allahabad High Court's order granting bail to the husband in a dowry death case where the marriage lasted only three months and the cause of death was asphyxia due to strangulation – Noted that the High Court failed to consider the gravity of the offense and the statutory presumption under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (erstwhile Section 113-B of the Evidence Act). Chetram Verma v. State of U.P., 2026 LiveLaw (SC) 141

Section 85 - Husband or relative of husband of a woman subjecting her to cruelty

Sections 498A and 304B IPC - Delay in Trial – Pendency of Revision Petitions – Judicial Discipline – Rights of Victims - The Supreme Court expressed deep concern over a 23-year delay in the High Court of Rajasthan deciding a Criminal Revision Petition challenging an order of framing charges – Noted that the Revision Petition, filed in 2003 against charges under Sections 498A and 304B IPC, remained pending with an interim stay on trial proceedings until it was finally dismissed by the High Court in 2025 - that if trials for serious offences like murder, dowry death, and rape remain stayed for decades, it results in a "mockery of justice" - Justice must be balanced between the accused and the victim/family members - Noted that "Injustice anywhere is a threat to justice everywhere" - The Supreme Court requested the Chief Justices of all High Courts to ensure that petitions involving interim stays on trials, particularly in sensitive and serious matters, are prioritized and heard immediately - The Registrar General of the Rajasthan High Court was directed to provide a detailed breakup of Criminal Revision Petitions filed and disposed of between 2001 and 2026, and the State was questioned on its failure to expedite the hearing during the 23-year interregnum. [Paras 21-23, 26-30] Vijay Kumar v. State of Rajasthan, 2026 LiveLaw (SC) 25

Section 100 - Culpable homicide

Section 299, 300 Clause (3), and 304 Part II IPC — Culpable Homicide vs. Murder — Vicarious Liability under Section 149 IPC — The Supreme Court set aside the High Court's judgment which had toned down the conviction of 19 accused persons from Section 302/149 IPC to Section 304 Part II/149 IPC - held that when an unlawful assembly waylays a victim with premeditation, uses lathis to inflict 29 injuries (including four bone-deep head fractures), and acts out of caste-based retaliation, the intention to cause such bodily injury as is sufficient in the ordinary course of nature to cause death is clearly established. Sitaram Kuchhbedia v. Vimal Rana, 2026 LiveLaw (SC) 189 : 2026 INSC 178

Section 101 - Murder

Section 300 Exception 4, Section 302 and Section 304 Part II IPC — Culpable Homicide Not Amounting to Murder — Free Fight and Private Defence — The appellant was initially convicted under Section 302/149 for the death of the deceased during a group clash - The High Court altered the conviction to Section 304 Part II, holding that in a "free fight" involving two rival groups where both sides sustained injuries, a common object for an unlawful assembly cannot be easily inferred - The Supreme Court upheld this alteration, noting that the appellant acted without premeditation in the midst of a sudden commotion - While the appellant's use of a lathi on the deceased's head established "knowledge" that the injury was likely to cause death, the lack of specific intent to cause death in the context of a group fight justifies the invocation of Section 304 Part II. Shrikrishna v. State of Madhya Pradesh, 2026 LiveLaw (SC) 35 : 2026 INSC 45 : 2026 (1) Crimes (SC) 242

Section 103 - Punishment for murder

Sections 302, 120-B, 201, 506 r/w 34 IPC – Circumstantial Evidence – Reliability of Sole Eye-Witness – In a case primarily resting on circumstantial evidence and the testimony of a purported eye-witness, Supreme Court found the evidence insufficient to sustain conviction - Noted significant discrepancies: the eye-witness failed to report the incident for 21 days, alleged threats were not substantiated, and the witness was treated as partially hostile - medical evidence regarding the time of death (10 days prior to post-mortem) conflicted with the prosecution's timeline (21 days prior) - held that the prosecution failed to establish a complete and unbroken chain of circumstances - Required – Conspiracy cannot be presumed and requires proof of a meeting of minds, prior agreement, and concerted action - Mere suspicion, association, or the existence of civil disputes cannot substitute for proof of a criminal conspiracy – Appeals allowed. [Relied on Babu Sahebagouda Rudragoudar v. State of Karnataka, 2024 (8) SCC 149; Rajesh Prasad v. State of Bihar, (2022) 3 SCC 471; Chandrappa v. State of Karnataka, (2007) 4 SCC 415; Ramesh v. State of Uttarakhand, 2020 (20) SCC 522; Paras 7, 24, 25] Tulasareddi @ Mudakappa v. State of Karnataka, 2026 LiveLaw (SC) 59 : 2026 INSC 67 : 2026 (1) Crimes (SC) 121 ; 2026 CriLJ 534

Section 302 r/w Section 34 IPC – Conviction for Murder – Non-recovery of weapons of assault – Effect of – Held, recovery of the weapons of assault is not a sine qua non for convicting an accused if the evidence on record, particularly reliable ocular testimony, establishes the guilt beyond reasonable doubt - Even if the Investigating Officer fails to bring on record the weapons described by eye-witnesses, this omission cannot benefit the accused when the version of eye-witnesses is found to be consistent, reliable, and corroborated by medical evidence. [Para 7, 8] Ghanshyam Mandal v. State of Bihar, 2026 LiveLaw (SC) 201 : 2026 INSC 194 : AIR 2026 SC 1445

Sections 302 and 201 IPC — Evidence Act, 1872; Section 27 — Circumstantial Evidence — Conviction Upheld — The Supreme Court dismissed the appeal against concurrent findings of conviction in a case of abduction, ransom, and murder - held that the prosecution successfully established an unbroken chain of circumstances, including the recovery of the deceased's body and her vehicle at the specific disclosure of the appellant. Neelu @ Nilesh Koshti v. State of Madhya Pradesh, 2026 LiveLaw (SC) 179 : 2026 INSC 173 : AIR 2026 SC 1085

Section 302 and Section 498A IPC - Evidence Act, 1872; Section 32 - Dying Declaration - Reliability of Dying Declaration in cases of high percentage of burns - Conviction Upheld – The Supreme Court upheld the High Court's reversal of an acquittal, affirming the conviction of the appellant for murdering his wife by pouring kerosene and setting her on fire - held that even with 80-90% burn injuries, a dying declaration is reliable if the attending doctors certify the patient was in a fit and conscious state to make a statement - The evidence of the victim's daughter (PW-3), who was an eyewitness to the appellant fetching kerosene and setting the deceased on fire, was found to be "clinchingly" credible - Supreme Court dismissed the defense's argument regarding inconsistencies in witness testimonies (PW-7 and PW-16), noting that the professional medical opinion of the treating doctors (PW-10 and PW-11) carries more weight regarding the deceased's mental capacity than the contradictory statements of other witnesses - noted that a mere discrepancy in the investigation officer's statements would not discredit the dying declaration when the doctor has approved the deceased's fit state of mind to give statements. [Paras 11-23] Subramani v. State of Karnataka, 2026 LiveLaw (SC) 255 : 2026 INSC 249

Sections 302/34 and 201 IPC [Sections 103(1)/3(5) and 238 of BNS, 2023] – Conviction based on circumstantial evidence – Requirements for conviction – Held that the "Panchsheel" principles governing circumstantial evidence - To sustain a conviction, the circumstances must be fully established and form a complete chain that excludes every possible hypothesis except the guilt of the accused - The mental distance between "may be guilty" and "must be guilty" is long and divides vague conjectures from sure conclusions. [Relied on Harad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116; Paras 27-28] Pooranmal v. State of Rajasthan, 2026 LiveLaw (SC) 227 : 2026 INSC 217

Section 105 - Punishment for culpable homicide not amounting to murder

Sentencing Policy — Advanced Age of Appellant — While upholding the conviction under Section 304 Part II, the Supreme Court reduced the sentence to the period already undergone (approximately six years and three months) – Held that since the appellant is now over 80 years old, sending him back to prison would be "harsh and inadvisable," emphasizing that courts should not be insensitive to the advanced age of convicts – Appeal dismissed. [Relied on Kesar Singh and Another vs. State of Haryana, (2008) 15 SCC 753; Paras 5, 6] Shrikrishna v. State of Madhya Pradesh, 2026 LiveLaw (SC) 35 : 2026 INSC 45 : 2026 (1) Crimes (SC) 242

Section 108 - Abetment of suicide

Section 306 IPC - Abetment of Suicide - Debt Recovery – Held a creditor making repeated phone calls or persistent demands for the return of money lent does not, by itself, constitute the offence of abetment of suicide - Such a demand is a lawful act - Supreme Court observed that in the absence of evidence showing the deceased was beaten or physically assaulted, mere demands for dues cannot be inferred as abetment - noted that the deceased might have committed suicide due to depression from being unable to clear the debt rather than due to the actions of the creditors. Dhirubhai Nanjibhai Patel Lotwala v. State of Gujarat, 2026 LiveLaw (SC) 270

Sections 306, 307, and 109 IPC — Abetment of Suicide — Suicide Pacts — Culpability of the Surviving Partner - Held: The survivor of a mutual suicide pact is legally culpable for the abetment of the other's suicide under Section 307 of the IPC - A suicide pact involves mutual encouragement and a reciprocal commitment to die together, where the survivor's presence and participation act as a direct catalyst for the deceased's actions - The resolve of each party is reinforced and strengthened by the participation of the other; if not for the active participation of both parties, the act would not occur - The law treats such conduct as abetment because the State has a fundamental interest in preserving life, and any assistance in ending it is a crime against the State. Gudipalli Siddhartha Reddy v. State C.B.I., 2026 LiveLaw (SC) 166 : 2026 INSC 160 : AIR 2026 SC 950

Section 115 (2) - Punishment for voluntarily causing hurt

Sections 323, 341, 506, and 34 IPC — Quashing of Proceedings — Code of Criminal Procedure, 1973 — Section 482 — Where allegations of assault and criminal intimidation rest solely on the statement of the complainant without independent corroboration and are contradicted by other witness statements, the basic foundation for the offences is missing - Held, that continuing such proceedings would amount to an abuse of the process of law. [Relied on Punjabrao vs. D.P. Meshram 1964 SCC OnLine 76; State of Haryana vs. Bhajan Lal 1992 Supp 1 SCC 335; K.P. Manu vs. Scrutiny Committee forVerification of Community Certificate 2015 4 SCC 1; Paras 40-60] Chinthada Anand v. State of Andhra Pradesh, 2026 LiveLaw (SC) 288 : 2026 INSC 283

Section 190 - Every member of unlawful assembly guilty of offence committed in prosecution of common object

Unlawful Assembly – Individual Role Attribution – Noted that the High Court erred in granting bail on the ground that the individual role or specific injury caused by each accused could not be ascertained - The Supreme Court clarified that where an offence is committed by an unlawful assembly, every member is equally responsible for acts done in furtherance of the common object - Under Section 149 IPC, the prosecution is not obligated to identify the specific weapon or injury attributable to a particular member at the bail stage. [Paras 27 - 30] Shobha Namdev Sonavane v. Samadhan Bajirao Sonvane, 2026 LiveLaw (SC) 188 : 2026 INSC 181 : 2026 (1) Crimes (SC) 278

Section 149 IPC – Unlawful Assembly and Vicarious Liability – Murder – The Supreme Court upheld the conviction of four appellants sentenced to life imprisonment for the murder of a Watershed Committee Chairman - Noted that to attract Section 149 IPC, two essential elements must be established: an "unlawful assembly" and a "common object" - Even in the absence of a specific overt act attributed to each member, the mere presence of the accused as part of an armed unlawful assembly is sufficient for conviction - noted that all accused alighting together from a bus while armed with firearms clearly established their common motive and participation in the unlawful assembly. [Paras 12, 13] Dablu v. State of Madhya Pradesh, 2026 LiveLaw (SC) 238 : 2026 INSC 224 : AIR 2026 SC 1319

Section 149 IPC — Vicarious Liability - Individual Attribution — Once the existence of an unlawful assembly and a common object to commit murder is established, the individual attribution of the fatal blow becomes inconsequential - Section 149 IPC fastens constructive liability on every member of the assembly, regardless of who delivered the "crucial act" or fatal injury - The High Court's reasoning that all accused could not be convicted under Section 302 because the specific assailant who caused the fatal head injury was unidentified was held to be "perverse" and "self-contradictory" as it ignored the fundamental principle of vicarious liability. Sitaram Kuchhbedia v. Vimal Rana, 2026 LiveLaw (SC) 189 : 2026 INSC 178

Section 316 (2) - Punishment for criminal breach of trust

Sections 406, 420, 467, 468, and 471 IPC – Civil Dispute given a criminal cloak – Abuse of process of law – The Supreme Court quashed an FIR lodged 11 years after the execution of a Joint Venture Agreement (JVA), holding that the dispute was essentially of a civil nature - While considering a prayer to quash an FIR, allegations are ordinarily taken at face value to assess if a prima facie cognizable offence is made out - where the cause is essentially civil, the Court must assess whether it has been given a "cloak of criminal offence." - In such cases, the Court is not restricted to the FIR's contents but may consider admitted facts and documents recited therein, such as the JVA - A delay of 11 years in lodging the FIR (JVA dated 2010; FIR lodged 2021) indicates the absence of dishonest intention from the inception. If a stark dishonest intention existed, it would have been reported promptly. [Relied on: Paramjeet Batra v. State of Uttarakhand and others, (2013) 11 SCC 673; Para 15, 25-27] Vandana Jain v. State of Uttar Pradesh, 2026 LiveLaw (SC) 200 : 2026 INSC 192

Section 406 IPC – Criminal Breach of Trust – Non-refundable Security Deposit – The allegation regarding non-refund of security money does not constitute a criminal offence when the JVA stipulates that the deposit is non-refundable and only adjustable against future sale proceeds - Non-fulfillment of such contractual obligations gives rise to a civil cause of action, not a criminal one. [Para 22 - 28] Vandana Jain v. State of Uttar Pradesh, 2026 LiveLaw (SC) 200 : 2026 INSC 192

Section 318 (4) - Cheating and dishonestly inducing delivery of property

Section 420 IPC – Cheating – Ingredients – Essential requirement of dishonest intention from the inception – The Supreme Court held that to constitute an offence of cheating, the intention to deceive must exist at the time the inducement was made - Mere failure to keep a promise subsequently cannot be the sole basis to presume dishonest intention existed from the beginning - Every breach of contract does not give rise to an offence of cheating unless deception was played at the very inception. V. Ganesan v. State, 2026 LiveLaw (SC) 269 : 2026 INSC 265 : AIR 2026 SC 1547

Section 420 IPC – Cheating – Absence of False Representation – No offence of cheating was made out as there was no false representation in the JVA - The agreement did not contain a specific statement that "no litigation was pending"; rather, it provided an indemnity to the second party for any loss due to disputes - The representation that no "restraint order" existed was not shown to be false. [Paras 20-26] Vandana Jain v. State of Uttar Pradesh, 2026 LiveLaw (SC) 200 : 2026 INSC 192

Section 338 - Forgery of valuable security, will, etc.

Sections 467, 468, 471 IPC – Forgery – Document not traceable in records – Merely because a document (such as a Tehsildar's letter) is not traceable in official records 11 years after its purported issuance, it cannot be deemed "forged" or "false" under Section 464 IPC. Official records are not always maintained in perpetuity. [Para 24] Vandana Jain v. State of Uttar Pradesh, 2026 LiveLaw (SC) 200 : 2026 INSC 192

Section 351 - Criminal intimidation punishment

Section 506 IPC – Criminal Intimidation – Mere threats without intention to cause alarm do not constitute an offence – Vague allegations and delayed improvements in statements weaken the prosecution's case - The Supreme Court allowed the appeal and quashed proceedings against the appellant (Accused No. 5), a lawyer, who was primarily charged under Section 506 of the Indian Penal Code (IPC) - Noted that the prosecutrix's initial statement under Section 161 of the CrPC did not mention any threats from the appellant - after a delay of seven to eight days, she improved her version in a statement recorded under Section 164 of the CrPC, making a vague reference to "an uncle" (the appellant) threatening her - held that for a charge of criminal intimidation to stand, there must be a clear intention to cause alarm, irrespective of whether the victim was actually alarmed - Vague allegations unsupported by prima facie cogent evidence do not satisfy the requirements of Section 506 IPC - noted that a lawyer discharging professional duties, such as giving advice or suggestions, cannot be deemed to be engaging in intimidation – Appeal allowed. [Relied on Naresh Aneja Vs. State of U.P., (2025) 2 SCC 604; Sharif Ahmad Vs. State of U.P., (2024) 14 SCC 122; Paras 6-8] Beri Manoj v. State of Andhra Pradesh, 2026 LiveLaw (SC) 92