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Supreme Court Criminal Digest- March 2025
BailAnticipatory Bail - Condition for Automatic Custody Upon Charge-Sheet Submission - Such a specific direction, mandating coercive steps for custody, was improper. When granting anticipatory bail, the court should leave it open for the trial court to decide on bail after the charge-sheet is filed and the accused appears. (Para 3) Ritesh Kumar v. State of Bihar, 2025 LiveLaw (SC) 326Arrest...
High Courts Shouldn't Order CBI Investigation In A Routine Manner Or On Basis Of Vague Allegations: Supreme Court
The Supreme Court recently reiterated that mere bald allegations against the incompetence of the local police to investigate the case without any kind of substantiation would not justify the transfer of the investigation to the Central Bureau of Investigation (“CBI”). Relying on the constitution bench decision of State of W.B. v. Committee for Protection of Democratic Rights, (2010) 3...
Suit Can Be Dismissed As Time-Barred Even If No Specific Issue Regarding Limitation Was Framed : Supreme Court
The Supreme Court observed that a Court can dismiss a suit as time-barred, even if no specific issue regarding limitation was framed.This is because of the mandate of Section 3 of the Limitation Act, as per which a Court must dismiss any suit, appeal, or application that is time-barred, even if the defendant has not specifically raised the issue in the pleadings.“The object of framing an...
Is Sanction u/s 17A PC Act Needed When Magistrate Has Ordered Investigation u/s 156(3) CrPC? Supreme Court Reserves Judgment
While reserving judgment in one of the cases against former Karnataka Chief Minister BS Yediyurappa under the Prevention of Corruption Act, 1988 (PC Act), the Supreme Court identified certain questions of law, including whether after a Magistrate has ordered an investigation under Section 156(3) of the Code of Criminal Procedure, would a prior sanction of the Government be still required...
BREAKING | Delhi Court Remands Mumbai Terror Attack Accused Tahawwur Rana To 18 Days Of NIA Custody
A Delhi Court on Thursday remanded Mumbai 26/11 terror attack accused Tahawwur Hussain Rana to 18 days of National Investigation Agency (NIA) custody. Rana was produced late in the night around 10:45 PM before Special NIA judge Chander Jit Singh at Patiala House Courts amid heavy security following his extradition from the U.S.NIA had sought 20 days custody for Rana. The order was pronounced...
'JPC On Waqf Bill Violated Parliamentary Procedures' : TMC MP Mahua Moitra's Plea In Supreme Court
Mahua Moitra, Member of Parliament from Krishnanagar in Lok Sabha, has challenged the Waqf (Amendment) Act, 2025, on the grounds, inter alia, that the Parliamentary rules and practices were violated during the law-making process, contributing to the unconstitutionality of the 2025 Act.This is the first petition out of the many filed so far where it has been contended that the Chairperson of...
S.197 CrPC | Prior Sanction Mandatory To Prosecute Police Officers For Acts In Excess Of Duty If Reasonably Connected To Official Functions: Supreme Court
The Supreme Court recently reiterated that that prior sanction under Section 197 of the CrPC and Section 170 of the Karnataka Police Act is required to prosecute police officers even for acts exceeding their authority, as long as a reasonable nexus with their official duties existed.Section 170 of the Karnataka Police Act bars the institution of suits or prosecutions against certain...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – March 2025
Supreme Court:Supreme Court Mandates Preliminary Inquiry Before FIR On Certain Offences Related To Speech & ExpressionsCase Title – Imran Pratapgadhi v. State of GujaratCitation: 2025 LiveLaw (SC) 362With the aim of curbing frivolous FIRs against speeches, writings and artistic expressions, the Supreme Court on Friday mandated that a preliminary inquiry must be conducted before lodging...
Manipur MLA From NDA Ally Challenges Waqf Amendment Act In Supreme Court; Says It Violates Fundamental Rights Of Scheduled Tribes
Sheikh Noorul Hassan, Manipur MLA from Kshetrigao constituency and the leader of National People's Party India (NPP) party in Manipur Legislative Assembly approached the Supreme Court challenging the Waqf Amendment Act, 2025. Notably, NPP is an ally of the BJP as a member of the National Democratic Alliance (NDA).The petitioner in the plea has raised a concern over the amendment...
All India Muslim Personal Law Board, Bangalore Jama Masjid Imam Approach Supreme Court Against Waqf Amendment Act 2025
Mohamed Maqsoon Imran, chief imam of Jamia Masjid, Bengaluru City, has filed a writ petition challenging the Waqf(Amendment) Act, 2025 on the grounds that it violates Articles 14, 25 and 26 of the Constitution by completely altering the character and essence of the waqf, which is a form of permanent dedication of movable or immovable property for any purpose recognised by Muslim law as...
XII Rule 6 CPC | Judgment On Admission Can Be Passed Even Dehors Pleadings : Supreme Court
The Supreme Court recently clarified the legal position under Order XII Rule 6 of the Civil Procedure Code (CPC), holding that a 'judgment on admission' may be delivered at any stage of the suit, relying on oral or written admissions even those made outside the pleadings and without the need for a separate application to invoke the provision. Order XII Rule 6(1) CPC empowers the court...