Supreme Court: How to ascertain whether offence under S 307 of IPC is made out or not?

 Coming back to Laxmi Narayan (supra), this Court has

held that mere mention of Section 307 IPC in the FIR or the

charge-sheet should not be the basis for adopting a hands-off

approach. It has further held that it would be open for the court

to examine as to whether incorporation of Section 307 IPC is

there for the sake of it or whether there is evidence to back it. It

has been held that the courts may go by the nature of injuries

sustained; as to whether the injuries are inflicted on the vital/

delicate parts of the body and the nature of weapon used. It has

also been clarified that such an exercise would be permissible

after investigation and filing of chargesheet/framing of charges

or during the trial. {Para 12}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 660 OF 2025

(@ SLP Criminal No. 3432 of 2023)

Naushey Ali & Ors. Vs State of U.P. & Anr. 

K.V. Viswanathan, J.

Citation: 2025 INSC 182.

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

 When a court considers bail in murder cases under Section 302 of the Indian Penal Code (IPC)—especially after the chargesheet has been filed—two factors often weigh heavily in the judicial mind: whether injuries were inflicted on vital parts of the body and the nature of the weapon used. These forensic and evidentiary aspects are not just medical details—they are crucial legal indicators of intent and gravity and can make or break a bail application.

In this article, we explore what these factors mean, how courts assess them, and why they are pivotal in bail decisions.

1. Understanding “Vital Parts Involvement”

Definition

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