Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. Here are the key highlights:1. Witness Statement Recorded In Absence Of Accused Can Be Used As Evidence If Conditions In S.299 CrPC Are Fulfilled : Supreme CourtCase Title: SUKHPAL SINGH VERSUS NCT OF DELHI, Citation : 2024 LiveLaw (SC) 359The Supreme Court held that the statements of the prosecution witness recorded in the absence of the accused can be read as a substantive piece of evidence when the prosecution witness could not be traced out and produced in the witness box for deposition during trial after the accused had been arrested. The Court observed that the statements of the prosecution witness recorded in the absence of the accused under Section 299 of Cr.P.C. (i.e., when an accused person has absconded, and there is no immediate prospect of arresting him) could be used against the accused after his arrest in the event of non-availability of the prosecution witness.2. Police Must Exercise Heightened Caution When Drawn Into Dispute Involving Unethical Transactions : Supreme CourtCase Details: DEEPAK KUMAR SHRIVAS & ANR. VERSUS STATE OF CHHATTISGARH & ORS., Citation : 2024 LiveLaw (SC) 129The Supreme Court observed that police should exercise "heightened caution" while registering a criminal case over a dispute involving unethical transactions between parties in which civil remedies are barred. The police should ensure that the parties are not resorting to criminal law remedies to achieve unscrupulous results in cases where civil remedies are barred.3. Case Of Accused Under S.313 CrPC Not Suggested To Victim In Cross-Examination; Supreme Court Refuses To Set Aside Conviction In Rape CaseCase Title: VIJAY KUMAR VS. THE STATE OF HIMACHAL PRADESH, Citation : 2024 LiveLaw (SC) 403The Supreme Court observed that the conviction can't be set aside if the accused statements recorded under Section 313 of CrPC (stating that there was a prosecutrix consent to perform sexual intercourse) are not put to use in evidence by the accused in the form of suggestion while cross-examining the prosecutrix.The court noted that suggestion about the victim's consent to the sexual intercourse was not put to her during her cross-examination denying her an opportunity to rebut the accused claim regarding there being victim's consent while doing an act of sexual intercourse.4. High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme CourtCase Title: NARESH KUMAR & ANR. VERSUS THE STATE OF KARNATAKA & ANR., Citation : 2024 LiveLaw (SC) 228The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction.5. Even If Chargesheet Is Filed During Pendency Of Petition To Quash FIR, High Court Can Examine If Offences Are Made Out : Supreme CourtCase Details: MAMTA SHAILESH CHANDRA VERSUS STATE OF UTTARAKHAND & ORS., Citation : 2024 LiveLaw (SC) 86The Supreme Court observed that if the charge sheet is filed against the accused during the pendency of the petition for quashing of the FIR, the High Court is not restrained from exercising its inherent jurisdiction and could still examine if offences alleged to have been committed were prima facie made out or not on the basis of the F.I.R., charge sheet and other documents.6. Magistrates Should Summon Accused Only After Recording Satisfaction About Sufficient Grounds To Proceed : Supreme CourtCase Details: SACHIN GARG VERSUS STATE OF U.P & ANR., Citation : 2024 LiveLaw (SC) 75The Supreme Court observed that a Magistrate, while issuing the summoning order, shall not act in a casual manner; rather they should be satisfied that there exists a sufficient ground for proceedings against the accused. The recording of the satisfaction of the Magistrate while issuing the summons should not be in a cryptic manner but only when a prima facie case is made out from the allegations.7. Moving HC Under Articles 226/227 To Release Seized Vehicle Without Approaching Magistrate Under Sec.451 CrPC Not Proper: Supreme CourtCase Title: KHENGARBHAI LAKHABHAI DAMBHALA vs. THE STATE OF GUJARAT, Citation : 2024 LiveLaw (SC) 289The Supreme Court held that approaching the High Court under Articles 226/227 of the Constitution for the release of the seized vehicle would not be a proper remedy without approaching the magistrate under Section 451 Code of Criminal Procedure (“Cr.P.C.”).8. Bail Can Be Cancelled By Same Court Which Granted It If There Are Serious Allegations Even If Accused Hasn't Misused Bail : Supreme CourtCase Title: AJWAR Versus WASEEM AND ANOTHER, Citation : 2024 LiveLaw (SC) 392The Supreme Court observed that the same Court that granted bail to an accused can cancel the bail if there are serious allegations against him although the accused has not misused the bail."If there are serious allegations against the accused, even if he has...

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Yash Mittal

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