Here you will find the Indian Law according to the subject matters. Please go the to proper subject to read on the subject and case citations.

Materials contained in the charge sheet or the case diary do not constitute evidence

Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Summoning of additional accused – Evidence – Charge-sheet/ Case Diary -- Consideration of -- Trial court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the charge-sheet or the case diary, because such materials contained in the charge sheet or the case diary do not constitute evidence. Omi @ Omkar Rathore & anr. v. The State of Madhya Pradesh & anr. (SC) 2025 INSC 27 = (2025)

Consensual relations for years is not rape

Indian Penal Code, 1860 (45 of 1860), Section 376, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 406 – Constitution of India, Article 142 – Transfer petition -- Rape – Quashing of FIR -- Contents of the FIR clearly suggest that both the parties being adult had consensual relations for years before the complaint was filed alleging that there was backing out of promise to marry -- No case is made out u/s 376 IPC -- FIR and all proceedings subsequent thereto quashed. ABC v. XYZ, (SC) 2024 INSC 1052 = (2024).

Summoning of additional accused

Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Summoning of additional accused – Evidence – Charge-sheet/ Case Diary -- Consideration of -- Trial court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the charge-sheet or the case diary, because such materials contained in the charge sheet or the case diary do not constitute evidence.

Trial Court has jurisdiction at any stage of the proceedings on the evidence adduced that the persons who have not been arrayed as accused should face the trial -- Initially named in the F.I.R. as an accused, but not charge sheeted, can also be added to face the trial.

Omi @ Omkar Rathore & anr. v. The State of Madhya Pradesh & anr. (SC) 2025 INSC 27 = (2025)

Fraud has to be proven in accordance with law

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Fraud in policy – Onus of proof -- Insurance Company has not been able to prove that it had not received the money/premium prior to the accident and the only stand taken was that the insurance was fraudulently obtained -- Fraud vitiates everything, but merely alleging fraud does not amount to proving it -- For, it has to be proven in accordance with law by adducing evidence etcetera, the onus of which would also lie on the person alleging fraud. National Insurance Company Ltd. v. Maya Devi and others, (SC) 2024 INSC 1050 = (2024).

Testimony of single witness must inspire confidence of the Court

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 -- Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376, 342, 506 -- POCSO – Rape – Acquittal -- Prosecutrix 16 years and four months old -- In medical examination no injuries were detected on the body of the prosecutrix though her hymen was torn -- Prosecutrix in her examination-in-chief as well as in cross-examination has stuck to the fact that she was raped by the accused but the fact remains that she has contradicted her statement at more than one place -- She stated statement u/s 164 CrPC that she hit the accused on her head by Danda whereas in her examination-in-chief she stated that she hit the accused on his foot -- When the accused had surrendered none of these injuries were noticed on the body of the accused :
-- when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining such a witness and thus the testimony of such a witness must inspire confidence of the Court.
-- It is not believable that when the prosecutrix was caught by the accused who is known to the prosecutrix, she went with him quite a distance in the Bazaar and then to a shop, she never raised any alarm. The only reason she gave is that there was a knife with accused and he had threatened her that if she raises an alarm her brother and father would be killed.
Testimony of the prosecutrix does not inspire confidence, under these circumstances, Acquittal order, upheld.
State (GNCT of Delhi) v. Vipin @ Lalla, (SC) (2025)

MVA-When partial disability my be taken as 100%

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Injury case – Loss of one eye -- Dimond Cutting labourer – Disability assessed as 100% -- Diamond cutting is a task of immense skill which involves a great degree of precision and exactitude -- Seeing only with one eye, unquestionably makes it greatly difficult to effectively carry out these processes -- 65% as functional disability is insufficient -- Given the nature of the profession and the indispensability of the ability to see in carrying out the job required, facts and circumstances of the case warrant that disability of the claimant-appellant be taken as 100% -- Total compensation assed as Rs.15,98,000/- to be paid alongwith interest @ 8 % p.a payable from the claim petition. Jayanandan v. Varkey & ors., (SC) (2024).

Delay in Appeal may be considered depending on the reason of delay

Code of Criminal Procedure, 1973 (2 of 1974), Section 374 -- Indian Penal Code, 1860 (45 of 1860), Section 366, 376 (2)(n) – Constitution of India, Article 21 – Limitation Act, 1963 (36 of 1963), Section 5 -- Rape -- Appeal against conviction – Delay of 1637 days -- Condonation of delay – High court dismissed the appeal on delay – Held, right to appeal, particularly when it concerns the liberty of an individual, is a fundamental right under Article 21 of the Constitution -- High Court's order dismissing the appeal solely due to delay, without properly examining the reasons for the delay warrants reconsideration – Dismissal of the appeal was erroneous -- Delay of 1637 days condoned -- High Court requested to dispose of the Criminal Appeal on merits in accordance with law. Mahesh Singh Banzara v. State of Madhya Pradesh, (SC) (2025)

If wife start earning, there is not escape for husband to pay maintenance

Protection of Women from Domestic Violence Act, 2005 (43 of 2005) , Section 12 – Maintenance to wife/ children – Wife started earning – Effect of -- In case the wife in order to meet the responsibilities of herself and her two children started working at some place to make additional income, cannot be a reason for the husband to escape his liability to pay the maintenance.

Surender Kumar v. Smt. Neelam Rani and others (P&H HC) (Date of Decision: 27.09.2024)
2024 :PHHC: 129016 = (2024)

Life guaranteed by Article 21-Golden hour treatment-Cashless

Motor Vehicles Act, 1988 (59 of 1988), Section 2(12A), 162, 164B – Hit and run case – Golden hour treatment -- It is the obligation of the Central Government under Sub-Section (2) of Section 162 to make a scheme for cashless treatment of accident victims during the golden hour -- Such a scheme may contain provisions for creating a fund for such treatment.
-- Provision made in Section 162 for framing a scheme for providing cashless treatment in the golden hour seeks to uphold and protect the right to life guaranteed by Article 21 of the Constitution.
-- It is a statutory obligation of the Central Government to frame the scheme.
Central Government directed to make a scheme in terms of Sub-Section (2) of Section 162 of the MV Act as expeditiously as possible and, in any event, by 14th March 2025.

S. Rajaseekaran v. Union of India & ors. (SC) (Decided on: 08.01.2025)
2025 INSC 45 = (2025)