Supreme Court Quarterly Digest 2026 - Bharatiya Nyaya Sanhita (BNS)

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 ...

Supreme Court Quarterly Digest 2026 - Bharatiya Nyaya Sanhita (BNS)

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