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Showing posts with label S 302 of IPC. Show all posts
Showing posts with label S 302 of IPC. Show all posts
Sunday, 30 August 2026

Supreme Court: If prosecution case is that deceased has died by strangulation, it must prove beyond reasonable doubt that deceased has died as a result of strangulation and strangulation alone

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 We have given our anxious consideration to the submissions made by advocate Mr. Talekar, appearing for the accused. The Doctor (PW.4) was c...
Sunday, 26 July 2026

Supreme Court: Murder Is 'Heinous Offence' under JJ Act, Not 'Serious Offence'; S 302 IPC Implies Minimum Life Sentence

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i. The offence punishable Under Section 302 of the Indian Penal Code, which prescribes punishment of "death or imprisonment for life...
Friday, 29 May 2026

When the Body Speaks Louder Than the Defence: Supreme Court on Circumstantial Evidence in Matrimonial Murder

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 The Supreme Court’s decision of  Chetan Dashrath Gade Vs. The State of Maharashtra  delivered on 21 May 2026, 2026 INSC 522,  is an importa...

Supreme Court: Whether failure to prove motive in the case based on circumstantial evidence is fatal to prosecution case?

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It is trite law in the cases of circumstantial evidence when the chain of circumstances have been adequately proved to link to the culpabili...

Supreme Court: What will be effect of husband failing to give reasonable explanation for death of his wife in his statement under S 313 of CRPC?

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The learned Trial Court also considered the statement of the Accused Under Section 313 of Code of Criminal Procedure which needless to state...
Thursday, 28 May 2026

What are parameters for deciding bail application U/S 302 or 307 r/w S 149 of IPC If said offence is committed by unlawful assembly?

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  Bail in Unlawful Assembly Cases: When No Specific Act is Attributed to the Accused Critical Supreme Court Principle: Mere Presence ≠ Guil...
Saturday, 23 May 2026

Forensic Delay and the Duty of the Sessions Court: Judicial Control Over Missing Scientific Reports in Sessions Trials

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Delay in receipt of a material scientific report can paralyse a sessions trial, weaken the truth-finding process, and undermine the constitu...
Monday, 27 April 2026

Culpable Homicide and Murder under IPC: Law, Exceptions and Landmark Judgments

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 Under the IPC, every murder is culpable homicide, but every culpable homicide is not murder. The easiest interview formula is: first see wh...
Saturday, 18 April 2026

When there is charge U/S 302 of IPC, whether accused can be convicted U/S 304B of IPC?

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  Yes, in an appropriate case an accused charged under Section 302 IPC may still be convicted under Section 304B IPC, provided the facts nec...
Friday, 13 February 2026

What offence is made out if after killing his wife husband hangs her to show that she has committed suicide?

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The post-mortem report prepared on autopsy conducted by Dr. PC Jain (PW-8) shows that there was ligature mark on the neck of the deceased wh...
Saturday, 15 November 2025

Intent vs Knowledge: Video of The Supreme Court’s Guide to Sections 302 and 304 IPC

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 This video presents an expert analysis of a recent Supreme Court judgment clarifying the distinction between murder and culpable homicide u...
Wednesday, 12 November 2025

Distinguishing Murder from Culpable Homicide: A Supreme Court Clarification on Intention and Knowledge

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  A Supreme Court Analysis of the Critical Distinction Under Sections 302 and 304 IPC Citation: Nandkumar @ Nandu Manilal Mudaliar v. Sta...

Supreme Court: Intent Versus Knowledge: When a Knife Blow Becomes Culpable Homicide, Not Murder

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  The assailant used knife and inflicted serious injuries on the body of the deceased, including below the belly. Looking to the act on part...
Sunday, 2 November 2025

Supreme Court: What factors the court should consider while suspending sentence and releasing convict prosecuted for offence under S 302 of IPC?

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The principle is well-settled that in considering the prayer for bail in a case involving serious offence like murder, punishable under Sect...
Sunday, 24 August 2025

Supreme Court: Whether filing of charge sheet, existence of lengthy witness lists, or prospect of prolonged trial can justify grant of bail in heinous offences

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  Whether mere filing of charge sheet, existence of lengthy witness lists, or prospect of   prolonged   trial   can   justify grant   of   b...
Saturday, 9 August 2025

Bail Under Section 302 IPC: The Decisive Role of Vital Part Injuries and Weapon Used

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 When a court considers bail in murder cases under Section 302 of the Indian Penal Code (IPC) —especially after the chargesheet has been fil...

Bombay HC; Bail in Cases Involving Young Offenders: Balancing Justice, Rehabilitation, and Education

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 Before me is the case of a young offender and as held above his exclusion from the normal educational stream for a period of time brings ab...

Supreme Court: The court should suspend sentence under S 302 of IPC in exceptional circumstances

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In Vijay Kumar v. Narendra [Vijay Kumar v. Narendra, (2002) 9 SCC 364] and Ramji Prasad v. Rattan Kumar Jaiswal [Ramji Prasad v. Rattan Kuma...
Friday, 8 August 2025

What precautions a Session judge should take while deciding bail application for an offence under S 302 of IPC after chargesheet is filed?

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 Executive Summary When deciding bail applications for offences under Section 302 of the Indian Penal Code after the filing of a chargeshee...
Wednesday, 25 June 2025

When a Push Becomes Fatal: Understanding Murder vs Culpable Homicide Under Indian Law

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  A legal analysis of unintended deaths resulting from physical altercations Introduction In everyday disputes, a simple push might seem l...