Anticipatory Bail — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 18 — Cancellation of Anticipatory Bail - The Supreme Court allowed the appeals and cancelled the anticipatory bail granted to the respondents, observing that a prima facie case under the SC/ST Act was established - noted that while the High Court relied on the absence...
Anticipatory Bail — Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 18 — Cancellation of Anticipatory Bail - The Supreme Court allowed the appeals and cancelled the anticipatory bail granted to the respondents, observing that a prima facie case under the SC/ST Act was established - noted that while the High Court relied on the absence of casteist slurs in the initial FIR (lodged by a police official based on a social media video), it failed to exercise sufficient caution in examining other records - an affidavit filed by the Deputy Superintendent of Police and statements of various persons clearly alleged the use of casteist slurs and violence by the upper-caste respondents against marginalized community members over a drainage dispute – noted that the bar under Section 18 of the SC/ST Act, which precludes the grant of anticipatory bail, is applicable when the ingredients of the offence are prima facie disclosed - In this case, investigation reports indicated offences under the SC/ST Act, the Bharatiya Nyaya Sanhita, 2023, and the Arms Act - noted that mere attempts at reconciliation by the police cannot prevent the taking of cognizance for criminal acts - Supreme Court found that the High Court erred in concluding there was no prima facie culpability, as subsequent investigation reports and affidavits by high-ranking police officials corroborated allegations of caste-based abuse and firearm discharge – Appeals allowed. [Relied on Shajan Skaria v. State of Kerala, 2024 SCC OnLine SC 2249; Paras 8-15] Kuldeep Singh v. State of Punjab, 2026 LiveLaw (SC) 239
Bail – Cancellation of Bail – Dowry Death – Sections 103(1) and 80 of the Bharatiya Nyaya Sanhita, 2023 (BNS) – Appeal by the mother of the deceased challenging the High Court's order granting bail to the husband of the deceased – The deceased died within 1.5 years of marriage in suspicious circumstances with multiple external and internal injuries – Allegations of dowry harassment and threats by the accused prior to the death – High Court granted bail primarily noting the absence of criminal antecedents and the period of custody – Held: The High Court adopted a "mechanical approach" and failed to consider the gravity of the offence and the nature of the accusations – While criminal antecedents are a factor, they cannot outweigh the seriousness of a crime like dowry death where circumstantial evidence strongly points toward the accused – The Supreme Court emphasized that an appellate court can interfere with a bail order if relevant materials were ignored or the gravity of the offence was not considered. [Relied on P v. State of M.P., (2022) 15 SCC 211; Paras 14-27] Lal Muni Devi v. State of Bihar, 2026 LiveLaw (SC) 298
Bail – Foreign Nationals – Article 21 of the Constitution of India – Financial Constraints in furnishing Surety –The Respondent, a 32-year-old Ugandan national, was granted bail by the High Court on 15.09.2025 in a case involving the NDPS Act - Despite the Trial Court reducing the surety amount progressively from ₹1,00,000 to ₹25,000, the accused remained in Tihar Jail for months due to her inability to furnish a solvent surety - Held: Article 21 of the Constitution, which protects the right to life and personal liberty, applies equally to foreign nationals prosecuted in India - Once an accused has established a case for bail, financial difficulties or the inability to provide a solvent surety should not act as a barrier to their release - In cases where a foreign national cannot meet surety requirements due to financial constraints, they may be released on a personal bond and subsequently housed in a detention center to ensure they do not leave the country - Supreme Court explicitly grounded its reasoning in the constitutional mandate of Article 21 of the Constitution of India, emphasizing its universal application to any person within the territory of India, regardless of nationality. [Paras 4-13] Customs v. Faridah Nakanwagi, 2026 LiveLaw (SC) 278
Bail - The Supreme Court granted regular bail to an accused in the alleged multi-crore Andhra Pradesh liquor scam, invoking its plenary powers under Article 142 of the Constitution. Muppidi Avinash Reddy v. State of Andhra Pradesh, 2026 LiveLaw (SC) 274
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Section 173(3) – Registration of FIR – Preliminary Inquiry – Safeguard against mechanical registration – The Supreme Court quashed an FIR registered against a media executive, holding that the allegations were "absolutely vague," "speculative," and "inherently improbable" – Noted that Section 173(3) BNSS provides an additional safeguard for offences punishable between three and seven years - Unlike Section 154 CrPC, where a preliminary inquiry is limited to ascertaining if a cognizable offence is disclosed, Section 173(3) BNSS empowers police to conduct an inquiry to determine if a prima facie case exists even if the information ostensibly discloses a cognizable offence - The legislative intent is to prevent the registration of frivolous cases. In the instant case, the police acted with "unusual expediency" and registered the FIR in a mechanical manner without exercising the option of a preliminary inquiry despite the indeterminate nature of the allegations. [Paras 23-25] Ashish Dave v. State of Rajasthan, 2026 LiveLaw (SC) 258 : 2026 INSC 244
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Section 528 (corresponding to Section 482 CrPC) – Quashing of FIR – Abuse of Process – Supreme Court observed that the FIR was a "glaring example" of an influential media house managing to register a case against its own executive following a fallout - The complaint lacked specific victim names, dates, or instances of the alleged extortion and cheating - If the allegations, even taken at face value, do not constitute an offence or are so absurd that no prudent person could reach a conclusion of sufficient grounds for proceeding, the FIR must be quashed to prevent the abuse of the process of law – Appeal allowed. [Relied on State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335; Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1; Imran Pratapgadhi v. State of Gujarat, (2026) 1 SCC 721; Paras 19-28] Ashish Dave v. State of Rajasthan, 2026 LiveLaw (SC) 258 : 2026 INSC 244
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 — Quashing of Proceedings — Informant's Right to Hearing — The Supreme Court set aside a High Court order that quashed an FIR and consequential criminal proceedings without issuing notice to the informant - The High Court had quashed the case based on a general observation in a previous election-related writ petition suggesting parties withdraw all proceedings - The Supreme Court held that since the FIR disclosed a cognizable offence and a charge-sheet had already been submitted following investigation, the proceedings could not be quashed "straight-away" without giving the informant an opportunity to be heard - Matter restored for fresh consideration. [Relied on District Bar Association and Another vs. Bar Council of India Writ (C) No. 5973 of 2025; Paras 11-13] Suman Kumar Raghav v. Ravindra Kumar Sharma, 2026 LiveLaw (SC) 279
Code of Criminal Procedure, 1973; Section 215, 228, 464, and 465 — Framing of Charge — Procedural Irregularity vs. Fundamental Illegality — De Novo Trial — The Supreme Court set aside a High Court order directing a fresh trial due to an unsigned formal charge-sheet - held that the purpose of framing a charge is to provide the accused with precise notice of accusations to enable an effective defense, rather than being a "mere ritualistic formality" - Where the record indicates that charges were read over and explained to the accused in the presence of counsel, and the accused subsequently participated in the trial for over fourteen years by extensively cross-examining witnesses, there is substantial compliance with Section 228 Cr.P.C. - A procedural lapse, such as the omission of a signature on a formal charge document, constitutes a curable irregularity under Sections 215 and 464 Cr.P.C. unless it is demonstrated that the accused was misled or that a "failure of justice" was occasioned. Sandeep Yadav v. Satish, 2026 LiveLaw (SC) 296 : 2026 INSC 301
Code of Criminal Procedure, 1973; Section 482 - Quashing of Proceedings - Suicide Note – Held that criminal proceedings quashed where the suicide note lacked material particulars regarding the nature, time, and place of alleged threats – Noted that where a suicide note indicts multiple creditors (nine in this case) without specifying individual roles or showing they acted as a group, a trial based on such a note would be a "futile exercise" and an "abuse of the process of the Court" – Held that Mere evidence of frequency of calls (40 calls in six months) without audio recordings or records of the content of those calls to indicate threats is insufficient to sustain a prosecution under Section 306 IPC – Appeal allowed. [Paras 10-15] Dhirubhai Nanjibhai Patel Lotwala v. State of Gujarat, 2026 LiveLaw (SC) 270
Code of Criminal Procedure, 1973 - Exceptional Nature of De Novo Trials — A direction for a de novo trial is an exceptional measure and should not be resorted to for mere procedural lapses, especially when a trial has substantially progressed and key prosecution witnesses have since expired - Ordering a fresh trial in the absence of demonstrated prejudice irretrievably prejudices the prosecution and defeats the interests of timely justice. [Relied on Willie (William) Slaney v. State of Madhya Pradesh (AIR 1956 SC 116); Main Pal v. State of Haryana (2010) 10 SCC 130; Ajay Kumar Ghoshal v. State of Bihar (2017) 12 SCC 699; Paras 14-17] Sandeep Yadav v. Satish, 2026 LiveLaw (SC) 296 : 2026 INSC 301
Code of Criminal Procedure, 1973 – Section 157 – Procedural Lapses – Alleged non-compliance with the requirement of sending the FIR to the Magistrate under Section 157 CrPC is not, by itself, fatal to the prosecution case - Such procedural lapses are insufficient to overturn a conviction when the overall evidence establishes the guilt of the accused - The movement of multiple accused persons, arriving together armed with firearms and chasing the deceased into a private residence to execute the killing, is sufficient to draw an inference of a common object - The recovery of 40 pellets from the body and multiple entry/exit wounds corroborated the involvement of multiple shooters. [Paras 13, 17 - 20] Dablu v. State of Madhya Pradesh, 2026 LiveLaw (SC) 238 : 2026 INSC 224
Code of Criminal Procedure, 1973 – Section 313 - Examination of Accused – Duty of Court and Prosecutor – Impact of Inadequate Questioning - Held: It is the solemn duty of both the Trial Court and the Prosecutor to ensure all incriminating circumstances (motive, dying declarations, medical evidence) are put to the accused during their Section 313 examination - A casual or "scanty" examination that omits material circumstances falls short of the legal standard and can lead to the failure of the entire prosecution. Sanjay Kumar Sharma v. State of Bihar, 2026 LiveLaw (SC) 230 : 2026 INSC 223
Code of Criminal Procedure, 1973 – Section 313 – Prevention of Corruption Act, 1988 – Section 21 – Opportunity to Lead Defense Evidence – The appellant contended he was not afforded an opportunity to examine himself as a defense witness - Supreme Court rejected this, noting that the trial record showed the appellant's statement under Section 313 Cr.P.C. was recorded and he had the opportunity to avail himself of Section 21 of the P.C. Act but failed to do so during the trial. Raj Bahadur Singh v. State of Uttarakhand, 2026 LiveLaw (SC) 242 : 2026 INSC 239
Code of Criminal Procedure, 1973 – Section 319 – Scope of Judicial Scrutiny – Mini-Trial prohibited – The Supreme Court observed that while Section 319 is an extraordinary power to be exercised sparingly, the Trial Court must not conduct a "mini-trial" or a threadbare credibility assessment of minor contradictions at this stage - In the instant case, the Trial Court erred by overemphasizing minor inconsistencies in witness accounts, the absence of jail records, and the physical plausibility of the complainant escaping injury. Mohammad Kaleem v. State of Uttar Pradesh, 2026 LiveLaw (SC) 251 : 2026 INSC 251
Code of Criminal Procedure, 1973 – Section 319 – Summoning of additional accused – Standards of Evidence – Three-Tier Threshold – Supreme Court noted three distinct levels of evidence assessment: (i) Prima facie standard(lowest) for framing formal charges; (ii) Strong and cogent evidence (middle) for summoning additional accused under Section 319 CrPC, where evidence must be reliable and reasonably persuasive but not beyond reasonable doubt; and (iii) Proof beyond reasonable doubt (highest) required for conviction. Mohammad Kaleem v. State of Uttar Pradesh, 2026 LiveLaw (SC) 251 : 2026 INSC 251
Code of Criminal Procedure, 1973 – Section 482 – Quashing of Criminal Proceedings – Civil Dispute vs. Criminal Offence – Commercial Risk in Movie Production – Supreme Court observed that movie making is a high-risk business where fulfilment of a promise (sharing profits) is not entirely in the control of the promisor - If a transaction involves inherent risk and the conduct of the parties does not reflect dishonest intention from the beginning, the High Court should exercise its inherent powers to quash criminal proceedings and relegate the parties to civil remedies - In the present case, since the movie was actually completed and released, the promise to make the movie was not false, and the dispute regarding profit-sharing remains a civil cause of action. V. Ganesan v. State, 2026 LiveLaw (SC) 269 : 2026 INSC 265
Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – Forgery and Fraud – High Court quashed FIR at the threshold while investigation was ongoing and vital forensic evidence was awaited - Supreme Court held that when allegations of forgery are made and documents have been sent to a handwriting expert, quashing the FIR without awaiting the report is unjustified - Once the Court is apprised that the genuineness of signatures is under SFSL analysis, there is no reason to exercise jurisdiction under Section 482 CrPC to stifle the probe - Supreme Court's Observations – i. The High Court prematurely terminated the proceedings despite clear allegations establishing fraud, falsification of documents, and criminal breach of trust; ii. Subsequent SFSL reports confirmed that the signatures on bank nomination documents and sale deeds were forged/facsimile stamps and did not match the admitted signatures of the deceased; iii. The High Court's reliance on Mir Nagvi Askari v. CBI (2009) 15 SCC 643 was misplaced and irrelevant to the facts of the present case, as the proof of forgery was dependent on the then-pending handwriting expert's report - Held: The impugned judgment of the High Court was set aside - The Investigating Officer was directed to conclude the investigation and file the result before the concerned Court – Appeals allowed. [Relied on Mir Nagvi Askari v. CBI, (2009) 15 SCC 643; Paras 16-23] Sharla Bazliel v. Baldev Thakur, 2026 LiveLaw (SC) 256 : 2026 INSC 252
Code of Criminal Procedure (CrPC) – Section 482 - Quashing of Proceedings – Summoning of Accused – Copyright Infringement – Appeal against High Court order refusing to quash criminal proceedings for alleged copyright infringement of a film script - The Supreme Court observed that summoning an accused is a serious matter and should not be done as a matter of course - The Magistrate's order must reflect an application of mind to the facts and law, involving a careful scrutiny of the evidence to determine if an offence is prima facie made out - In the present case, the Chief Judicial Magistrate (CJM) failed to record satisfaction regarding any specific similarities between the appellant's film 'Kahaani-2' and the complainant's script 'Sabak' - The summoning order was passed in a mechanical manner. Sujoy Ghosh v. State of Jharkhand, 2026 LiveLaw (SC) 271 : 2026 INSC 267
Code of Criminal Procedure – Quashing of Proceedings – Section 482 of CrPC / Section 528 of BNSS – Offences under Sections 341, 323, 498A, and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act – General and Omnibus Allegations – Parity in Relief – The High Court quashed proceedings against the sister-in-law but refused to extend the same relief to the father-in-law and mother-in-law (appellants) despite identical allegations. Held: The Supreme Court found that the allegations against the appellants were general and omnibus, lacking specific dates, places, or overt acts – Held that Relatives of the husband cannot be prosecuted based on vague and general allegations without any specific overt act attributed to them - Supreme Court observed that since the allegations against the appellants and the sister-in-law were identical in substance, the High Court erred in applying different standards. Quashing the proceedings against the appellants - noted that criminal proceedings should not be used as a tool for harassment through improved and supplemental versions of events – Appeal allowed. [Relied on Preeti Gupta & Anr. v. State of Jharkhand & Anr., (2010) 7 SCC 667; Geeta Mehrotra & Anr. v. State of Uttar Pradesh & Anr., (2012) 10 SCC 741; Kahkashan Kausar @ Sonam & Ors. v. State of Bihar & Ors., (2022) 6 SCC 599; Paras 7 - 11] Dr. Sushil Kumar Purbey v. State of Bihar, 2026 LiveLaw (SC) 220 : 2026 INSC 212
Constitution of India, 1950; Article 226 — Code of Criminal Procedure, 1973; Section 482 — Bharatiya Nagarik Suraksha Sanhita, 2023; Section 528 — Quashing of FIR — Duty of High Court to Decide on Merits - The Supreme Court held that when a petitioner seeks the quashing of an FIR, the High Court must consider the merits of the challenge based on available material and applicable law, rather than disposing of the petition with general directions to follow arrest guidelines or concluding it without addressing the underlying grievance - Once jurisdiction for quashing is invoked, the High Court should decide the matter "one way or the other" on its merits. [Relied on Pradeep Kumar Kesarwani vs. State of Uttar Pradesh & Anr. (2025 SCC OnLine SC 1947; Pradnya Pranjal Kulkarni vs. State of Maharashtra & Anr. (2025 SCC OnLine SC 1948; Paras 5-8] Md. Mashood v. State of U.P., 2026 LiveLaw (SC) 264 : 2026 INSC 259
Constitution of India – Article 139A(1) – Withdrawal of cases from High Court – Substantial questions of general importance – Stagnation of Trial – Failure to pronounce judgment after reserving it – The Supreme Court exercised its extraordinary power under Article 139A(1) to withdraw three criminal revision petitions pending before the Allahabad High Court to itself – Noted that the revisions had been heard and judgment reserved on 05.02.2020, but no judgment had been pronounced for several years - The continuing stay on trial proceedings arising from a 1994 incident resulted in a "standstill" of the criminal process for decades, infringing upon the right to speedy justice. Jaideep Kumar Srivastava v. State of U.P., 2026 LiveLaw (SC) 211
Constitution of India – Article 32 and Article 21 – Right to Legal Representation and Personal Liberty – Transfer of Criminal Case – The Supreme Court deprecated the acts of hooliganism and violence by the District Bar Association, Barabanki, where members passed a resolution to not represent the accused and physically assaulted the office of an advocate who filed a bail application - held that the denial of bail for over two months in a case arising from a trivial scuffle at a toll plaza was unjustified and violative of Article 21 – Noted that denial of bail to the petitioners and the curtailment of their liberty for a period exceeding two months is absolutely unjustified and violative of the Fundamental Right of Liberty guaranteed under Article 21 of the Constitution of India warranting exercise of the extraordinary writ jurisdiction conferred upon this Court by Article 32 of the Constitution of India - To ensure a fair trial and proper legal representation - the Supreme Court directed the immediate release of the petitioners on bail and transferred the proceedings from Barabanki, Uttar Pradesh, to Tis Hazari Courts, New Delhi. Vishvjeet v. State of Uttar Pradesh, 2026 LiveLaw (SC) 257 : 2026 INSC 254
Criminal Administration of Justice – Fair Trial vs. Expeditious Disposal – Appointment of Amicus Curiae – The Supreme Court emphasized that while fast-tracking criminal appeals is necessary, it must not occur at the expense of basic fairness - Noted that in cases where an appeal is listed after a significant delay (two decades in this instance) and the appellant's counsel is absent, it is a "desirable precaution" for the High Court to issue notice to the appellant regarding the appointment of an Amicus Curiae - While the High Court's intention to render legal assistance is genuine, justice is better served if the convict is informed so they may provide instructions for a "real and meaningful" defence rather than a "token gesture". Bhola Mahto v. State of Jharkhand, 2026 LiveLaw (SC) 265 : 2026 INSC 257
Criminal Jurisprudence – Bail – Unlawful Activities (Prevention) Act, 1967 (UAPA) – Prevention of Money Laundering Act, 2002 (PMLA) – Article 21 of the Constitution of India – Prolonged incarceration of an undertrial accused – Appeal against Delhi High Court order denying bail – Appellant in custody since June 4, 2019, with a combined incarceration of 8 ½ years in NIA and ED cases – Trial proceeding at a "snail's pace" with only 34 out of 248 witnesses examined so far – Held, prolonged detention where a trial is unlikely to conclude within a reasonable time results in undue curtailment of personal liberty under Article 21 – Stringent bail provisions in special statutes (UAPA/PMLA) cannot be used to incarcerate an accused indefinitely without trial – The rigours of such statutory provisions melt down when there is no likelihood of the trial completing in a reasonable time and the accused has undergone a substantial part of the sentence – Considering the appellant's advanced age (74 years), medical ailments, and bleak chances of early trial disposal, Supreme Court enlarged the appellant on bail subject to stringent conditions – Appeal allowed. [Relied on V. Senthil Balaji v. Deputy Director, Enforcement Directorate, 2024 SCC OnLine SC 2626; Union of India v. K.A. Najeeb, (2021) 3 SCC 713; Paras 18-20] Shabir Ahmed Shah v. National Investigation Agency, 2026 LiveLaw (SC) 305
Criminal Law – Convicts on Bail – Duty of Appellant – Supreme Court noted that convicts often neglect to cooperate with the court once their sentence is suspended - Appellants enlarged on bail have a responsibility to keep track of their appeals; they cannot blame the court or an Amicus Curiae for not raising specific grounds if they failed to engage with the proceedings for decades. [Relied on Anokhi Lal vs. State of Madhya Pradesh (2019) 20 SCC 196; Paras 17 - 23] Bhola Mahto v. State of Jharkhand, 2026 LiveLaw (SC) 265 : 2026 INSC 257
Criminal Law – Grant of Bail – Delay in Trial – Incarceration without trial amounts to punishment – The Supreme Court granted bail to the appellant who had been in custody since April 13, 2024, for offenses under Sections 386, 307, 506, 120-B, 482, and 411 of the IPC, and Sections 25(6) and 27 of the Arms Act - Supreme Court observed that despite the prosecution proposing to examine 23 witnesses, none had been examined after almost two years of incarceration - Noted that when a trial is unlikely to conclude in the near future and the accused has undergone significant pre-trial detention, further detention is unnecessary as incarceration without trial amounts to punishment. [Paras 5-11] Pardeep Kumar @ Banu v. State of Punjab, 2026 LiveLaw (SC) 302
Criminal Law — Indian Penal Code, 1860 — Section 376(2)(g) and Section 506 — 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
Criminal Law — Sexual Offences — Appreciation of Child Witness Testimony — Section 376 of the Indian Penal Code, 1860 — SC/ST (Prevention of Atrocities) Act, 1989 — 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
Criminal Law — 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
Criminal Trial – Appreciation of Evidence – Fragmented vs. Cumulative Approach – Held, the Trial Court misdirected itself by treating inconsistencies in isolation rather than assessing the cumulative weight of testimonies and circumstances - Testimony on oath by three witnesses, including the complainant, is sufficient to meet the "strong and cogent" standard for summoning additional accused, even if minor inconsistencies exist which are matters for trial. [Relied on Hardeep Singh v. State of Punjab (2014) 3 SCC 92; Neeraj Kumar v. State of UP 2025 SCC OnLine SC 2639; Paras 7-12] Mohammad Kaleem v. State of Uttar Pradesh, 2026 LiveLaw (SC) 251 : 2026 INSC 251
Evidence Act, 1872 – Ocular Evidence vs. Unnatural Conduct – held that the testimony of related witnesses (brother, son, and nephews of the deceased) could not be discarded merely because they failed to intervene or take the victim to the hospital after the shooting - Such "unnatural behavior" does not invalidate their evidence when consistent with other facts, such as the established political rivalry and the forensic evidence of multiple gunshot wounds. [Paras 11 - 15] Dablu v. State of Madhya Pradesh, 2026 LiveLaw (SC) 238 : 2026 INSC 224
Evidence Act, 1872 – Production of Material Objects – Tainted Currency Notes – The appellant argued that the failure to produce tainted currency notes before the Court was fatal to the prosecution - Supreme Court dismissed this contention as it was raised for the first time during oral arguments at the Supreme Court and was never pleaded in the Trial Court, High Court, or the Special Leave Petition. Raj Bahadur Singh v. State of Uttarakhand, 2026 LiveLaw (SC) 242 : 2026 INSC 239
Evidence Act, 1872 – Section 27 [Proviso to Section 23 of BSA, 2023] – Recovery of currency notes and blood-stained shirt – Reliability - Currency Notes: A discrepancy in the amount recovered (Rs. 46,000/- vs Rs. 46,145/- counted in Court) casts a "grave cloud of doubt" on the factum of recovery - Mere recovery of money, without a clear nexus to the crime, is not an incriminating circumstance – Noted that it "highly improbable and unnatural" that an accused, who was at liberty for days, would meticulously conceal a blood-stained shirt in an iron box rather than destroying it or washing it. Pooranmal v. State of Rajasthan, 2026 LiveLaw (SC) 227 : 2026 INSC 217
Evidence Act, 1872 – Section 65-B [Section 63 of BSA, 2023] – Admissibility of Electronic Evidence (Call Detail Records) – Held that the certificate required under Section 65-B(4) is a condition precedent to the admissibility of electronic records. Oral evidence cannot substitute this mandatory requirement - Since the prosecution failed to prove the Section 65-B certificate, the CDRs indicating frequent contact between the accused were rendered inadmissible. [Relied on Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473; Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1; Paras 49-52] Pooranmal v. State of Rajasthan, 2026 LiveLaw (SC) 227 : 2026 INSC 217
Evidence Act - Section 32 - Dying Declaration – Conviction on the sole basis of dying declaration – Requirements and Caution - Held: While a dying declaration is a crucial piece of evidence that can form the sole basis for conviction without corroboration, it must inspire full confidence in the Court – Supreme Court must be satisfied that the deceased was in a fit state of mind, and the statement was not the result of tutoring, prompting, or imagination - If the declaration is suspicious or the deceased's physical/mental capacity is in doubt, it should not be acted upon without corroborative evidence - In the present case, multiple inconsistencies, the presence of interested relatives during recording, and the lack of medical certification regarding the victim's fit state of mind rendered the declarations unreliable. Sanjay Kumar Sharma v. State of Bihar, 2026 LiveLaw (SC) 230 : 2026 INSC 223
Evidence Law – Circumstantial Evidence – Recovery of Articles – Call Detail Records (CDR) – Section 65-B of Evidence Act – Indian Penal Code, 1860 – Sections 302/34 and 201 [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
Evidence Law – Forensic Science Laboratory (FSL) Report – Chain of Custody – Sanctity of Samples. For an FSL report to be reliable, the prosecution must prove an unbroken chain of custody from seizure to laboratory - In this case, contradictions between the Malkhana In-charge and Carrier Constable regarding the dates the samples were sent and returned from the FSL (due to unspecified "defects") breached the chain of custody – Noted that even if blood groups match, this circumstance in isolation cannot link the accused to the crime without other cogent evidence. [Relied on Karandeep Sharma alias Razia alias Raju v. State of Uttarakhand 2025 SCC OnLine SC 773; Paras 41-44] Pooranmal v. State of Rajasthan, 2026 LiveLaw (SC) 227 : 2026 INSC 217
Evidence Law – Witness Testimony – Hostile Witnesses – The testimony of "hostile" independent witnesses cannot be discarded in toto - Supreme Court must consider parts of the testimony that are creditworthy and corroborated by other evidence, such as the Trap Laying Officer's account and the recovery of marked currency. [Relied on Neeraj Dutta v. State (Govt. of NCT of Delhi), (2023) 4 SCC 731; Prakash Chand v. State (Delhi Administration), (1979) 3 SCC 90; State of Bihar v. Basawan Singh, AIR 1958 SC 500; Himachal Pradesh Administration v. Shri Om Prakash, (1972) 1 SCC 249; Paras 15-30] Central Bureau of Investigation v. Baljeet Singh, 2026 LiveLaw (SC) 228 : 2026 INSC 221
Frivolous and Vexatious Proceedings – Duty of Court – Held that when quashing is sought on grounds that proceedings are frivolous or malicious, the Court must examine the matter with "greater care" - The Court is not restricted to the averments in the complaint alone but must look into attending circumstances and "read in between the lines" - Noted that the appellant had registered the synopsis and scripts for the film between 2012 and 2013, well before the complainant allegedly met the appellant in June 2015 or registered his script in July 2015 - Since the appellant's work preceded the complainant's script, the question of infringement does not arise - the Screen Writers Association (SWA) Dispute Settlement Committee had already found no similarity between the works, a fact suppressed by the complainant - The proceedings were found to be manifestly frivolous and vexatious - The summoning order and the High Court's judgment are quashed and set aside - Appeal allowed. [Relied on Mohd. Wajid & Anr. v. State of Uttar Pradesh & Ors., (2023) 20 SCC 219; Pepsi Foods Ltd. & Anr. v. Special Judicial Magistrate & Ors., (1998) 5 SCC 749; Paras 13-20] Sujoy Ghosh v. State of Jharkhand, 2026 LiveLaw (SC) 271 : 2026 INSC 267
Gangsters and Anti-Social Activities (Prevention) Act, 1986 (Uttar Pradesh) – Joint Meeting Requirement – Under Section 5(3) of the Rules, the approval of the Gang Chart must occur after a joint meeting between the District Magistrate and the Superintendent of Police – Held that no indication of such a meeting in the records, which constitutes a violation of the prescribed rules - Relying on the principle that when a statute prescribes a thing to be done in a particular manner, it must be done in that manner or not at all - Noted that since the Act permits the mere naming of a person as a "gangster" with "perilous consequences" to individual liberty, the prescribed procedure must be followed scrupulously – Appeal allowed. [Relied on Vinod Bihari Lal v. State of Uttar Pradesh [2025 SCC Online SC 1216; Paras 8-12] Gabbar Singh v. State of U.P., 2026 LiveLaw (SC) 275 : 2026 INSC 271
Gangsters and Anti-Social Activities (Prevention) Act, 1986 (Uttar Pradesh) – Section 3(1) – Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 – Rules 5 and 16 – Quashing of FIR – Procedural Irregularity in Gang Chart – The Supreme Court quashed an FIR registered under the Act of 1986 on the grounds that the accompanying Gang Chart was not prepared in accordance with the statutory mandate – Held that a valid Gang Chart requires the recommendation of the Nodal Officer (SHO) and the Additional Superintendent of Police, followed by approval from the Superintendent of Police and the District Magistrate - These recommendations must be in written form and approvals must be evidenced by signatures - In the present case, a certified copy of the Gang Chart obtained from the Court lacked these necessary signatures and recommendations. Gabbar Singh v. State of U.P., 2026 LiveLaw (SC) 275 : 2026 INSC 271
Investigation - Lapses in Investigation – Failure to Secure Crime Scene and Independent Witnesses - Held: Overzealous or lethargic investigations are equally fatal to the prosecution - The failure of the Investigating Officer (I.O.) to draw a scene mahazar, conduct forensic examinations to rule out accidental fire (e.g., cylinder burst), or examine independent witnesses despite their presence at the scene constitutes a serious lacuna – Appeal dismissed. [Relied on Atbir v. Government of NCT of Delhi (2010) 9 SCC 1; Laxman v. State of Maharashtra (2002) 6 SCC 710; Paras 10-31] Sanjay Kumar Sharma v. State of Bihar, 2026 LiveLaw (SC) 230 : 2026 INSC 223
Medical Evidence vs. Ocular Testimony — Victim Anonymity — Section 228-A IPC — Held that medical evidence is corroborative and an expert opinion - While it may be ignored if it contradicts credible ocular evidence, in this case, the medical findings of lacerated wounds and a torn hymen squarely supported the victim's version - Supreme Court deprecated the practice of freely using the victim's name in court records, despite the 1983 amendment and subsequent mandates intended to prevent social stigma - Directed all Registrars General of High Courts to ensure strict compliance with the proscription of disclosing a victim's identity. [Relied on State of Rajasthan v. Chatra (2025) 8 SCC 613; State of M.P. v. Balveer Singh (2025) 8 SCC 545; State of Himachal Pradesh v. Manga Singh (2019) 16 SCC 759; State of U.P. v. Ajmal Beg 2025 SCC OnLine SC 2801; State of U.P. v. M. K. Anthony (1985) 1 SCC 505; Para 12- 15] State of Himachal Pradesh v. Hukum Chand @ Monu, 2026 LiveLaw (SC) 294 : 2026 INSC 290
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50 – Conditions under which search of persons shall be conducted – Non-compliance with mandatory requirements – Provision of "Third Option" for search – Noted that the High Court's acquittal of the accused was upheld where the Investigating Officer, while apprising the accused of his rights, provided a "third option" to be searched by the Police Officer instead of only a Magistrate or a Gazetted Officer - Such an option is contrary to the statutory mandate of Section 50, which only allows for search before a Gazetted Officer or a Magistrate – Held that although the contraband (11 kg 50 grams of Charas) was recovered from a bag carried by the accused, Section 50 was attracted because a personal search was also conducted alongside the search of the bag – noted that the prosecution's case was further weakened by the testimony of PW-8 (shopkeeper), who denied providing an electronic weighing scale as claimed by the police, stating he only possessed traditional scales - This discrepancy rendered the prosecution's version of events doubtful and untrustworthy. [Relied on State of Rajasthan v. Parmanand and Another (2014) 5 SCC 345; Suresh and Others v. State of Madhya Pradesh (2013) 1 SCC 550; Vijaysinh Chandubha Jadeja v. State of Gujarat (2011) 1 SCC 609; Paras 17-18] State of Himachal Pradesh v. Surat Singh, 2026 LiveLaw (SC) 246 : 2026 INSC 240
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Post-dated Cheques – Presumption of Cheating – Dishonour of a post-dated cheque by itself is not sufficient to presume the existence of a dishonest intention at the time of issuance - Post-dated cheques are often issued to discharge existing or future liabilities and do not carry a representation of sufficient funds at the time of issuance - While dishonour may trigger proceedings under Section 138 of the NI Act, it does not ipso facto amount to cheating under Section 420 IPC unless dishonest intention is proved from the start. [Relied on Iridium India Telecom Ltd. v. Motorola Inc. (2011) 1 SCC 74; Vesa Holdings Private Limited and Another v. State of Kerala and others (2015) 8 SCC 293; Paras 12-20] V. Ganesan v. State, 2026 LiveLaw (SC) 269 : 2026 INSC 265
Penal Code, 1860; Section 302 and Section 498A - 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
Penal Code, 1860; Section 306 - 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
Penal Code, 1860 – Section 149 – 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
Penal Code, 1860 – Section 420 – 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
Penal Code, 1860 — Sections 323, 341, 506, and 34 — 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
Prevention of Corruption Act, 1988 – Section 7 – Indian Penal Code, 1860 – Section 120B – 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
Prevention of Corruption Act, 1988 – Sections 7 and 13(2) – Illegal Gratification – Trap Proceedings – Evidentiary Value of Shadow Witness – Credibility of Independent Witnesses – The Supreme Court upheld the conviction of an Excise Constable caught in a trap for demanding and accepting a bribe of ₹500 - held that the testimony of a shadow witness (PW-2) cannot be branded as "interested" merely because they are acquainted with the complainant - To disqualify a witness as interested, the defense must provide specific material demonstrating actual hostility. Raj Bahadur Singh v. State of Uttarakhand, 2026 LiveLaw (SC) 242 : 2026 INSC 239
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3 — Constitution (Scheduled Castes) Order, 1950 — Clause 3 — Effect of conversion to Christianity on Scheduled Caste status —The Supreme Court upheld the High Court's decision to quash criminal proceedings under the SC/ST Act initiated by a person who had converted to Christianity and was practicing as a Pastor - Held, that as per Clause 3 of the Constitution (Scheduled Castes) Order, 1950, no person who professes a religion different from the Hindu, Sikh, or Buddhist religion shall be deemed to be a member of a Scheduled Caste - Since the appellant indubitably professed Christianity by performing pastoral duties for over a decade, his caste status as a member of the Madiga community stood "eclipsed in the eyes of law" upon conversion - once the foundational requirement of caste status is extinguished, the statutory protection under the SC/ST Act is no longer available. Chinthada Anand v. State of Andhra Pradesh, 2026 LiveLaw (SC) 288 : 2026 INSC 283
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Statutory vs. Non-Statutory Benefits — Reliance on State Government Orders (G.O.Ms. No. 341) extending benefits to converts is misplaced regarding central statutory enactments - Held, that such executive orders only apply to "non-statutory concessions" like economic support schemes and cannot override the Presidential Order or apply to statutory benefits/protections under Central Acts like the SC/ST Act. Chinthada Anand v. State of Andhra Pradesh, 2026 LiveLaw (SC) 288 : 2026 INSC 283
Sentencing – Mitigating Circumstances – Delay and Age – While sustaining the conviction, the Court modified the sentence due to the passage of time and the appellant's advanced age - The appellant was approximately 40 years old at the time of the offense (1990) and 75 years old at the time of the final judgment – Supreme Court reduced the sentence to the statutory minimums: 6 months for Section 7 and 1 year for Section 13(2) of the P.C. Act. [Paras 15-25] Raj Bahadur Singh v. State of Uttarakhand, 2026 LiveLaw (SC) 242 : 2026 INSC 239