#IPC

The Gujarat High Court dismissed the State's appeal against acquittal of a husband and in-laws under Section 306 IPC, ruling that persistent harassment over childlessness, without proof of active instigation coupled with mens rea, does not constitute abetment of suicide. The decision raises the evidentiary bar for prosecutions linking domestic cruelty to suicide.

The Delhi High Court reduced a murder conviction to grievous hurt, holding that common intention to murder under Section 34 IPC requires proof of a prior meeting of minds and cannot be inferred from mere presence or flight where the fatal blow was inflicted by an armed co-accused and no overt act was attributed to the appellant.

The Supreme Court set aside consecutive life sentences for murder and rape imposed in a single trial, holding they must run concurrently under the Muthuramalingam Constitution Bench ruling. The court clarified that Section 31 CrPC does not permit consecutive life terms for offences arising from the same incident, and granted the appellant set-off from his 2010 arrest.

Advance under an agreement to sell is not 'entrustment' for criminal breach of trust (Section 406 IPC), and refusal to execute the sale deed lacks dishonest intent for cheating (Section 420 IPC) absent fraud at inception. The ruling bars criminalising civil property disputes without proof of dishonest intent from the outset, protecting parties from misuse of criminal process.

The Gujarat High Court upheld a Section 376 acquittal, holding that written live-in consent deeds raise a presumption of implied consent to sexual relations, and a marriage promise by a minor is legally unenforceable. The ruling establishes that documented cohabitation agreements can defeat 'false promise of marriage' rape charges when the accused was below marriageable age.

The Gujarat High Court upheld the murder acquittal of an accused who inflicted fist blows during a sudden quarrel, ruling that absent specific intent to cause death, such spontaneous violence falls outside Section 300 IPC. The court declined to interfere with the trial court's finding that the act constituted only voluntarily causing hurt under Section 323 IPC.

Uttarakhand HC ruled that dowry related cruelty or harassment must be shown to have occurred soon before the victim’s death to sustain a Section 304B conviction, rejecting any presumption from death within seven years of marriage alone. The decision clarifies the evidentiary burden in dowry death cases and affects both prosecution strategy and defence rights.

The Delhi High Court held that magistrates must independently apply their judicial mind before issuing summoning orders at the cognizance stage, upholding the summons against a director accused of diverting business proceeds under Sections 409 and 120-B IPC. This ruling reinforces procedural safeguards against mechanical issuance of process and affects magistrates, accused, and complainants in criminal proceedings.

The Patna High Court held that where money is paid for an illegal purpose (securing govt jobs), there is no entrustment under Section 406 IPC, so no criminal breach of trust exists. It quashed the cognizance order, calling the prosecution mala fide, protecting persons accused of cheating in job schemes from unfounded charges.

The Calcutta High Court held that generalized allegations without specific instances cannot sustain a Section 498A IPC prosecution and that relatives living separately cannot be implicated absent concrete evidence. The ruling clarifies the evidentiary threshold for matrimonial cruelty and shields distant family members from baseless implications.

The Gujarat High Court quashed the FIR against lenders for abetment of suicide and extortion, ruling that mere harassment does not meet the legal threshold for abetment under Section 306 IPC without proof of instigation or intentional aid. The decision clarifies that creditors’ pressure alone cannot attract criminal liability for abetment, protecting lenders from baseless prosecution while emphasizing the need for concrete evidence of suicide instigation.

Gujarat HC quashed FIR over Buddha-printed cloth, holding that Section 295A IPC liability needs deliberate malicious intent to outrage religious feelings. This clarifies mens rea standard for religious offence cases, affecting future deity-image complaints.

Uttarakhand HC upheld a father’s conviction for attempted rape under IPC 376 r/w 511 and POCSO §10, holding that lack of spermatozoa does not discredit the prosecutrix’s consistent, corroborated testimony. The ruling clarifies that victim testimony alone can sustain a conviction, affecting prosecutions where medical evidence is absent.

Delhi HC upheld conspiracy and cheating charges under Sections 120B/420 IPC on circumstantial evidence, quashed forgery charges for lack of proof, and held circumstantial evidence suffices to frame conspiracy charges at charge stage in economic offences.

The Gujarat HC held that post-warranty defects cannot ground criminal cheating or breach of trust charges, quashing the FIR as an abuse of process under Sec 482 CrPC to shield businesses from mala fide complaints in civil disputes.