Supreme court judgements on 376 ipc. The Court high...

Supreme court judgements on 376 ipc. The Court highlighted the delay in filing the FIR and the lack of prima facie evidence of sexual intercourse under the misconception of fact. All Rights Reserved 9. 3 days ago · The Court said that a bare perusal of these allegations leaves no modicum of doubt that the accused persons proceeded with a pre-determined intent to commit an offence under Section 376 of the IPC. Oct 17, 2024 · This criminal appellate case challenges the order of the Allahabad High Court, which had upheld the registration of a First Information Report (FIR) under Sections 376 (Rape) and 313 (Abetment) of the Indian Penal Code (IPC). Learned counsel for the prosecutrix, also submitted that the prosecutrix throughout has maintained that the respondent gave her false assurance of marriage, and after making intimate relations with her, he refused to marry her. 2/Complainant protesting the non-inclusion of Section 376 IPC in the ch rge-sheet. The decisions in Nikhil Merchant vs. It is noteworthy that no protest petition has been filed by Respondent No. 3 in the case of Rambilas Singh and others -vs- State of Bihar reported in AIR 1989 SC 1593 (paragraph 7), the Hon'ble Supreme Court while considering the provisions of Sections 34 and 149 of IPC, held that there must be a material to show that the overt acts were done in Court’s Decision The Supreme Court allowed the appeals and quashed two FIRs—one involving allegations of sexual assault under Section 376 of the Indian Penal Code, and another concerning physical assault under multiple IPC sections. Our portal offers breaking news, in-depth analysis, expert interviews, and thought-provoking columns on judicial decisions, law firms, law schools, and legislative updates. 2023 0 Supreme (Jhk) 233 • India - Jharkhand DEEPAK ROSHAN No. In both the cases, arising out of FIR No. The Court quashed the case after noting that the In a landmark judgement on the quashing of POCSO cases by the Calcutta High Court, the Supreme Court ruled that even if the accused and the victim (who has now attained majority) were to come out with a settlement, the High Court could not have quashed the prosecution. Under the Indian Penal Code of 1860, specifically Sections 376, 363, and 366, which address the kidnapping and rape of a minor girl, the question arises whether a consensual relationship can serve as a defense against a charge of kidnapping a minor. By doing so, it restored the “attempt” framing and held that the allegations could not be pushed back into the safer, lower-stakes category of “preparation”. While doing so, the top court has also allowed the appeal filed against the high court decision and restored the original summons issued by the Special Judge (POCSO) Kasganj on charges of attempt to rape under Section 376 IPC read with Section 18 of the POCSO Act against the accused duo. The Supreme Court overturned Allahabad High Court's order that ruled breaking pyjama string, grabbing breasts of 11-yr-old girl was an not attempt to rape. Reasoning On a perusal of the contents of the FIR, the Bench noticed that the parties with consent had intimate relations and made certain financial transactions between them. The Court quashed the criminal proceedings, underscoring the distinction between a voluntary relationship and one vitiated by deceit. 16. 73. 03. 3 days ago · The apex court passed the order on February 10 on a suo motu plea in which it had taken cognisance of the Allahabad High Court order, which stated that mere grabbing of the breasts and pulling the string of a pyjama did not amount to the offence of rape. No. 76 of 88/639 of 02 - The court discussed the legal provisions of Section 376 IPC and the requirement of proving the case beyond Section 376 IPC - Criminal Appeal - S. Latest Supreme Court of India judgments for August 2025 with case details, judge names, and headnotes. The Supreme Court has decided to overturn a controversial Allahabad High Court ruling that held that ⚖️ The "False Promise of Marriage" & Consent: A Vital Reminder from the Supreme Court. The Court said that a bare perusal of these allegations leaves no modicum of doubt that the accused persons proceeded with a pre-determined intent to commit an offence under Section 376 of the IPC. 5000/- under section 366 IPC and Rs. Supreme Court: Rape Case Can Be Quashed if Parties Settle in Exceptional Cases The Supreme Court held that rape cases under Section 376 IPC can be quashed in exceptional circumstances if the complainant no longer wishes to pursue the matter and both parties have amicably settled. Supreme Court's Landmark Decision In Rape Case | Understanding Section 375 IPC & Section 63 BNS StudyIQ Judiciary #section 63 of bns #section 375 #supreme court decision #rape case judgment #section 375 ipc explained Streamed live on 2025. By quashing the FIR under IPC Sections 376 and 313, the Court has set a precedent emphasizing the necessity of a prima facie case for the continuation of criminal proceedings. Stay informed with the latest trends in Indian Penal Code 45 Of 1860 Section 376b - Judgment Search Results Home > Cases Phrase: indian penal code 45 of 1860 section 376b Page 1 of about 1,150,337 results (0. CBI, (2008) 9 SCC, 677, Manoj Sharma vs. ” The Apex Court held that the High Court erred in treating the alleged acts merely as “preparation” rather than an “attempt” to commit the offence. In view of the above and for the reasons stated above, we are of the opinion that both the Courts below have rightly convicted the appellantaccused under Section 376 of the IPC. However, the matter also involved an FIR registered by the petitioner against the respondent under Sections 376 and 506 of the Indian Penal Code, 1860 (IPC). Therefore, challenge to the impugned judgment and order passed by the learned Special Court convicting the accused for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code and under Sections 3 (A) and 4 of the POCSO Act fails. 0 likes, 0 comments - legaloutput on February 18, 2026: "In a landmark judgment, the Supreme Court has set aside the Allahabad High Court's verdict that grabbing a minor girl's breast and loosening her pyjama string did not amount to an attempt to commit rape. The trial Court framed charges against the appellant for the said ofences, who pleaded not guilty and claimed trial. The trial court has adopted the punishment prescribed as minimum for offences under Sections 376D and 376 (2) (l) IPC. Disagreeing that the acts were mere “preparation,” the Court said allegations showed clear intent. The Supreme Court set aside the Allahabad High Court ruling that diluted attempt-to-rape charges, restoring summons under Section 376 IPC and POCSO. A. It also tasked the National Judicial Academy with framing sensitivity guidelines for judges. C. 1567 of 2021 vide which the application filed by the respondent for quashing the proceedings under Section 376 of the Penal Code, 1860 (‘ IPC ’) and not against the individual alone. On completion of investigation, A-1 was chargesheeted for the offences punishable under Sections 363, 366, 368 and 376 of the Indian Penal Code (IPC); A-2 was chargesheeted under Sections 363, 366 and 368, IPC and A-3 under Sections 363 and 366, IPC. Legal news updates from Indian courts, legal developments, judgments, and expert insights. The appellant, Prithivirajan, challenged the Madras High Court’s refusal to quash the criminal proceedings initiated against him under Sections 417 (cheating), 376 (rape), and 506 Part I (criminal intimidation) of the Indian Penal Code (IPC). 2 days ago · The Court emphasised that the alleged offence did not progress further solely because of the intervention of third parties and therefore could not be. S Joshi vs. In the judgment relied upon by the learned counsel for Accused No. A bench led by Justice Suryakant , alongside Justices Joymalya Bagchi and N. In view of the judgments of the Supreme Court, which is binding on all Courts under Article 141 of the Constitution of India, this Court is not inclined to quash the FIR in which offence under Section 376 IPC has been levelled against the petitioner, for the reasons that an offence under Section 376 IPC is one against the society and High In the judgment relied upon by the learned counsel for Accused No. 01. We also maintain the conviction of the appellantaccused under Section 376 of the IPC. The Bench observed that courts cannot deliver "complete justice" if they overlook the vulnerabilities of litigants. The HC had modified the summons order, directing the accused be tried under Section 354B IPC (assault or use of criminal force with The Supreme Court has set aside the controversial judgment of the Allahabad High Court which had held that allegations of grabbing a minor girl's breast and loosening the string of her pyjama did Bar & Bench is India’s leading online platform for comprehensive legal news, providing up-to-date coverage of the Supreme Court, High Courts, and significant legal developments. 16 1만 442 90 StudyIQ Judiciary 1,180,000 The Supreme Court has directed the National Judicial Academy (NJA) to prepare comprehensive guidelines to inculcate sensitivity and compassion in judges while handling sexual offence cases and other matters involving vulnerable victims. In its judgment delivered on February 10, 2026, the Supreme Court warned that "complete justice" cannot be served if courts remain insensitive to the specific vulnerabilities faced by litigants. This judgment not only reinforces the principles of justice and fairness but also serves as a deterrent against the misuse of the legal system in personal disputes. 792 seconds) Oct 29 2020 (SC) The court consequently reduced the charges from rape under Section 376 of the IPC and attempted penetrative sexual assault under Section 18 of the Pocso Act to Section 354-B IPC (assault charges Indian Penal Code 1860 - Section 375 - Protection of Children from Sexual Offences Act, 2012 - Attempt to Rape ; Judiciary - Judgment -Guidelines to inculcate sensitivity and compassion in judges The Court found the three of them guilty of rape under Section 376 of the Indian Penal Code since she did not readily consent to the act. In the result, the impugned judgment of the trial court holding the appellants guilty and convicting them for offences under section 376 D, section 376 (2) (l), sections 366 and 323 read with section 34 IPC is upheld. 2025, whereby the High Court refused to quash an FIR registered against the appellant under Section 376 (2) (n) of IPC. Read more on Supreme Court’s reminder regarding mental distress to the accused due to false allegation of rape case while referring Section 376 of IPC and acquitting a man in a case for the The Supreme Court has recently quashed a criminal case against a man accused of raping a woman 150 times based on a false promise of marriage. Stay current with LiveLaw’s real-time legal coverage. Citation: 2026 INSC 124 Date of Judgement: 05. NAGARATHNA & JUSTICE UJJAL BHUYAN Background of the Case: The present appeal arose from an order of the Chhattisgarh High Court dated 03. IPC Sections 376 (2) (n) and 506 – Going by the allegations made in the First Information Report that the incident in question had occurred five months before the First Information Report was lodged and the attending circumstances, in our view, the case of anticipatory bail is made out. 8549 of 2023, examined the issue of consensual relationships and the implications of false promises of marriage in cases involving allegations of rape under Section 376 of the Indian Penal Code, 1860 (IPC). The intersection of personal relationships and criminal law in India is evolving rapidly. 3 days ago · The trial court had treated the incident as an attempt to rape or attempted penetrative sexual assault under the Protection of Children from Sexual Offences Act and summoned the accused under Section 376 of the IPC along with Section 18 of the POCSO Act. Judgements and Orders, High Courts of India Enter keywords, acts or any free text and find specific judgments and orders The Supreme Court set aside an Allahabad HC judgment that had diluted attempt-to-rape charges. A petition seeking review of a judgment or order passed by the Supreme Court may be filed under Article 137 of the Constitution before the Supreme Court within thirty days from the date of such judgment or order. 10,000/- under section 376 IPC and the fine so awarded is adequate and reasonable and the same is not required to be disturbed. News Judgements Articles About us Copyright © 2024 Edu Law. The Supreme Court has directed the National Judicial Academy (NJA) to prepare comprehensive guidelines to inculcate sensitivity and compassion in judges while handling sexual offence cases and other matters involving vulnerable victims. Fact of the Case: The appellant was convicted for the offence under Section 376 IPC for gang rape. The Supreme Court of India’s judgment in Mahesh Damu Khare v. V. The High Court convicted Gond under sections 376 (1) and 511 of the IPC, instead of section 376, and sentenced him to three years and six months' rigorous imprisonment. Investigation was concluded and the charge-sheet was filed against the appellant in the trial Court for the ofences punishable under Sections 376(2)(f) and 376(2)(i) of IPC and Sections 3/4/5 of the POCSO Act. As many as 9 witnesses were examined and 8 documents were under Section 376 of the Indian Penal Code which is considered to be an offence against the society, we do not deem it appropriate to interfere in our writ jurisdiction. Recently, the 7. T. The State of Maharashtra & Anr. The SC pulled up the HC while… No. Anjaria , restored the trial court's summons under Section 376 (rape) read with Section 511 IPC and Section 18 of the POCSO Act . [2024 INSC 897] delves into the complex interplay between consent, promises of marriage, and the criminality associated with allegations of rape under Section 376 of the Indian Penal Code (IPC). State of Punjab (Supra) has taken a view as follows: "57. The reliance placed on the order passed by a Division Bench of this Court sitting at Nagpur does not further the case of the petitioner as the facts involved in the said case In State of UP v Naushad, (2013) 16 SCC 651, the Supreme Court reversed the acquittal by the High Court and convicted the accused for the offence under section 376 of the IPC. State (2008) 16 SCC 1 and B. State of Haryana (Supra) were referred to a larger Bench of the Hon‟ble Supreme Court and the larger Bench of the Hon‟ble Supreme Court in the case of Gian Singh vs. 3 days ago · The Supreme Court has set aside a judgment passed by the Allahabad High Court which had modified a summoning order against accused persons from “attempt to rape” to a lesser charge of “assault with intent to disrobe. Thus, as per the judgment of the Hon’ble Apex Court entitled Yedla Srinivasan Rao vs. Therefore, what remains to be examined by this Court is whether the High Court has erred in finding that there are specific allegations in the FIR and Chargesheet after dropping 72. 02. [40]. 5000/- under section 363 IPC, Rs. 824 of 2020 registered at Police Station MehraulCourt of Delhi, thereby dismissing Criminal M. Supreme Court ruling, POCSO Act, attempt to rape, Allahabad High Court, preparation vs attempt, sexual offences law, minor protection, Section 376 IPC, criminal jurisprudence, suo motu cognizance, women's safety India, Indian judiciary news The Supreme Court, in this appeal, quashed the FIR filed under Section 376 IPC, citing the consensual nature of the relationship between the complainant and the accused, which spanned five years. 2026 Hon’ble Judges/Coram: JUSTICE B. It restored the original POCSO charges, ruling the accused's acts constituted an "attempt" and not The Chhattisgarh High Court has ruled that ejaculation without penile penetration does not amount to rape under Section 375 of the Indian Penal Code as it stood prior to the 2013 amendments, but instead constitutes an attempt to commit rape punishable under Sections 376 read with 511 IPC. The court ruled that since the victim was recov The learned trial court has further awarded fine of Rs. State of Andhra Pradesh7, the present case calls for invocation of Section 90 The Court directed that the trial proceed as if summons were under Section 376 IPC read with Section 18 of POCSO. The Supreme Court also established a set of guidelines for the trial of rape cases, ensuring protection and a sense of confidence to the rape victims. n 376 IPC. 3iwb2o, 7t8qb0, m4vc, dkl3, jbhi, dfd6e, vxbaa, fuumj, jwvyz, eqjw,