Criminal Procedure Code, 1973—Section 216—Alteration or addition of charge—Scope—Held: Section 216 CrPC empowers the Trial Court to alter or add to any charge at any time before the pronouncement of judgment. In view of the wide statutory power vested in the Trial Court, interference by the Supreme Court at the interlocutory stage was held to be unwarranted. The Trial Court was directed to proceed with the case in accordance with law, keeping in view the provisions of Section 216 CrPC. (Paras 2 to 4) ...

Customs Act, 1962—S. 138C—Electronic records—Certificate of admissibility—Documents downloaded from cloud storage—Held: The appellant contended that documents downloaded from cloud storage stand on the same footing as documents retrieved from a hard disk or e-mails and, therefore, the mandatory requirement of a certificate under Section 138C of the Customs Act, 1962 applies equally to such electronic records. It was further contended that the authorities below erred in drawing a distinction between documents downloaded from a hard disk and those downloaded from e-mails. The Supreme Court issued notice on the applications for condonation of delay as well as on the main appeals. (Paras 2, 3) ...

Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Quashing of FIR—Interim protection—Earlier complaint closed after investigation—Delay in lodging subsequent FIR—Held: Where the petitioner contended that an earlier complaint relating to the same allegations had been investigated and closed in his favour and that the subsequent FIR was lodged five years after the alleged incident, the Supreme Court found the matter to require consideration and issued notice. Pending adjudication, it directed that no coercive action be taken against the petitioner in connection with the impugned FIR. (Paras 1 to 5) ...

A. Indian Succession Act, 1925—Section 63—Will—Proof—Suspicious circumstances—Held: The propounder of a Will must prove that the testator executed the Will voluntarily, while in a sound disposing state of mind and with full knowledge and understanding of its contents. Where the execution of the Will is surrounded by suspicious circumstances, the burden lies upon the propounder to remove every legitimate suspicion and satisfy the judicial conscience of the Court. Mere registration of the Will does not, by itself, dispel suspicious circumstances or establish its due execution, particularly where the document contains discrepancies or uninitialled cuttings. (Paras 27 to 32, 57 to 65) B. Civil Procedure Code, 1908—Section 100—Second appeal—Scope of interference—Held: The jurisdicti...

Civil Procedure Code, 1908—Order XXIII Rule 3—Compromise—Disposal of appeal—Held: Where the parties entered into a written compromise voluntarily and the respondent unequivocally undertook before the Supreme Court to comply with all its terms and conditions in letter and spirit, the undertaking was accepted and the respondent was held bound thereby. Consequently, the Civil Appeal was disposed of in terms of the compromise deed along with all pending applications. (Paras 1 to 5) ...

A. Child Custody—Interim custody arrangement—Best interest of child—Reference to mediation—Held: In a child custody dispute involving multiple proceedings pending between the parties before different fora, the Supreme Court, without expressing any opinion on the merits, referred the parties to the Supreme Court Mediation Centre in the paramount interest of the child. The Coordinator was directed to appoint a Mediator, and the parties were directed to participate in mediation. (Paras 2–3) B. Child Custody—Interim shared custody—Visitation and access—Held: Pending further consideration of the matter, the Court devised a detailed interim custody schedule balancing the child's welfare and the parental rights of both parties. The child was directed to remain primarily with the mother, with...

A. Code of Criminal Procedure—Anticipatory bail—Interim protection pending consideration of petition—Held: Where the petitioners contended that they had not faced any apprehension of arrest for several years after registration of the FIR and that the police had only recently begun visiting their residence, the Supreme Court granted interim anticipatory bail pending disposal of the petition. It was directed that, in the event of arrest, the petitioners be released on anticipatory bail to the satisfaction of the concerned Investigating Officer. (Paras 2–4) B. Code of Criminal Procedure—Anticipatory bail—Interim relief—Conditions—Held: While granting interim anticipatory bail, the Court directed the petitioners to cooperate with the investigation and made the protection operative till the ne...

A. Terrorist and Disruptive Activities (Prevention) Act, 1987—Section 3(3) read with Indian Penal Code, 1860—Section 120B—Suspension of sentence pending appeal—Held: Suspension of sentence and grant of bail pending disposal of the appeal is justified where the appellant has already undergone a substantial part of the sentence imposed and the appeal is not likely to be heard in the near future. In the present case, the appellant, sentenced to five years' rigorous imprisonment, had already undergone about three years and nine months of incarceration. Considering the period already undergone and the likelihood of delay in disposal of the appeal, the sentence was suspended and the appellant was directed to be released on regular bail on such terms and conditions as may be imposed by the Trial Court. (Paras 2–...

A. Indian Penal Code, 1860—Section 120-B—Suspension of sentence pending appeal—Long period on bail and incarceration—Held: Where the appellant, convicted under Section 120-B IPC, had remained on bail for nearly twenty years during the pendency of proceedings and had thereafter undergone more than five years and eight months of incarceration, the Supreme Court held that these circumstances justified suspension of sentence pending disposal of the appeal. (Paras 2–5) B. Criminal Procedure—Suspension of sentence—Pending appeal before Supreme Court—Relevant considerations—Held: Where leave had been granted and the appeal involved substantial questions of fact and law requiring adjudication, and the appellant had earlier remained on bail for a prolonged period without misuse of liberty be...

A. Indian Penal Code, 1860—Section 302—Conviction reversed in appeal against acquittal—Suspension of sentence pending appeal—Held: Where the Trial Court had acquitted the appellant of the charge under Section 302 IPC but the High Court reversed the acquittal and convicted him, sentencing him to imprisonment for life, the existence of conflicting findings by the two Courts, coupled with the period of incarceration already undergone by the appellant, constituted sufficient grounds for suspension of sentence pending disposal of the appeal. (Paras 1–2) B. Criminal Procedure—Suspension of sentence pending appeal—Life imprisonment—Relevant considerations—Held: While considering suspension of sentence in an appeal against conviction, the Court may take into account the divergent findings r...