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Criminal Minor Acts - Supreme Court Half Yearly Digest

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22 Dec 2023 11:49 AM

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Juvenile Justice (Care and Protection of Children)
Act, 2015

Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 9 (2) - Once
the applicant has discharged his onus, in support of his claim of juvenility by
producing the date of birth certificate from the school, the State had to come up with
any compelling contradictory evidence to show that the recordal of his date of birth in
the admission register was false. Narayan Chetanram Chaudhary v. State of
Maharashtra, 2023 LiveLaw (SC) 244 (https://www.livelaw.in/top-stories/supreme-
court-releases-death-row-prisoner-after-28-years-on-finding-him-to-be-a-juvenile-at-
the-time-of-offence-224905) : AIR 2023 SC 1826 : 2023 INSC 298

Juvenile Justice (Care and Protection of Children) Act, 2015; Section 9 (2) - Death
penalty case reopened to inquire into juvenility claim - Convict found to be a juvenile
after 28 years of offence - Supreme Court orders release. Narayan Chetanram
Chaudhary v. State of Maharashtra, 2023 LiveLaw (SC) 244
(https://www.livelaw.in/top-stories/supreme-court-releases-death-row-prisoner-after-
28-years-on-finding-him-to-be-a-juvenile-at-the-time-of-offence-224905) : AIR 2023 SC
1826 : 2023 INSC 298

Juvenile Justice (Care and Protection of Children) Act, 2015; Section 9 (2) - So far
as the procedure for making an inquiry by the Court, Section 9(2) of the 2015 Act
does not prescribe scrupulously following trial procedure, as stipulated in the 1973
Code and the Indian Evidence Act, 1872. Narayan Chetanram Chaudhary v. State of
Maharashtra, 2023 LiveLaw (SC) 244 (https://www.livelaw.in/top-stories/supreme-
court-releases-death-row-prisoner-after-28-years-on-finding-him-to-be-a-juvenile-at-
the-time-of-offence-224905) : AIR 2023 SC 1826 : 2023 INSC 298
Juvenile Justice (Care and Protection) Act, 2015; Section 18 - The JJB having found
a child to be in conflict with law who may have committed a petty or serious offence
and where heinous offence is committed, the child should be below 16 years, can
pass various orders under clauses (a) to (g) of sub-section (1) and also sub-section
(2). However, the net result is that whatever punishment is to be provided, the same
cannot exceed a period of three years and the JJB has to take full care of ensuring
the best facilities that could be provided to the child for providing reformative
services including 19 education, skill development, counselling and psychiatric
support. (Para 16) Karan @ Fatiya v. State of Madhya Pradesh, 2023 LiveLaw (SC)
159 (https://www.livelaw.in/top-stories/person-convicted-for-rape-murder-found-to-
be-juvenile-supreme-court-sets-aside-death-sentence-sustains-conviction-223085) :
AIR 2023 SC 1355 : (2023) 5 SCC 504 : (2023) 2 SCR 587 : 2023 INSC 197

Juvenile Justice (Care and Protection) Act, 2015; Section 9(3) - A trial conducted
and conviction recorded by the Sessions Court would not be held to be vitiated in law
even though subsequently the person tried has been held to be a child - It is only the
question of sentence for which the provisions of the 2015 Act would be attracted and
any sentence in excess of what is permissible under the 2015 Act will have to be
accordingly amended as per the provisions of the 2015 Act. (Para 30-33) Karan @
Fatiya v. State of Madhya Pradesh, 2023 LiveLaw (SC) 159
(https://www.livelaw.in/top-stories/person-convicted-for-rape-murder-found-to-be-
juvenile-supreme-court-sets-aside-death-sentence-sustains-conviction-223085) : AIR
2023 SC 1355 : (2023) 5 SCC 504 : (2023) 2 SCR 587 : 2023 INSC 197

Narcotic Drugs and Psychotropic Substances Act, 1985

Narcotic Drugs and Psychotropic Substances Act, 1985 - Definition of "ganja" under
the Act does not include ganja seeds - Ganja seeds not a banned contraband.
Hasubhai Kamabhai Thakor v. State of Gujarat, 2023 LiveLaw (SC) 354
(https://www.livelaw.in/supreme-court/ganja-seeds-not-banned-contraband-under-
ndps-act-supreme-court-227349)
Narcotic Drugs and Psychotropic Substances Act, 1985; Section 37 – Effect of delay
in trial – Grant of bail on ground of undue delay in trial not fettered by Section 37 –
Imperative of Section 436A of Code of Criminal Procedure Act – Requires inter alia
the accused to be enlarged on bail if the trial is not concluded within specified
periods – Applicable to offences under the NDPS Act – Held, special conditions as
enacted under Section 37 can only be considered within constitutional parameters
when the court is reasonably satisfied on a prima facie look at the material on record
that the accused is not guilty – A plain and literal would effectively exclude grant of
bail altogether - Further held, appellant deserves to be enlarged on bail – Appeal
allowed. Mohd. Muslim v. State (NCT of Delhi), 2023 LiveLaw (SC) 260
(https://www.livelaw.in/tags/mohd-muslim-v-state-nct-of-delhi-2023-livelaw-sc-260) :
AIR 2023 SC 1648 : 2023 INSC 311

Negotiable Instruments Act 1881

Negotiable Instruments Act 1881 - Section 138, 147 - The nature of offence under
section 138 of the N.I Act is primarily related to a civil wrong and is a compoundable
offence. (Para 10) B.V. Seshaiah v. State of Telangana, 2023 LiveLaw (SC) 75
(https://www.livelaw.in/top-stories/section-138-ni-act-conviction-cannot-be-
confirmed-overriding-agreement-between-parties-to-compound-the-offence-supreme-
court-220554) : AIR 2023 SC 717 : (2023) 2 SCR 293 : 2023 INSC 93

Negotiable Instruments Act 1881; Section 138 - Approval of resolution plan of

corporate debtor will not extinguish the liability of erstwhile director for dishonour of
cheque. (Para 17, 18 & 47, 52) Ajay Kumar Radheyshyam Goenka v. Tourism Finance
Corporation of India Ltd., 2023 LiveLaw (SC) 195 (https://www.livelaw.in/top-
stories/insolvency-resolution-of-company-will-not-extinguish-directors-liability-under-
section-138-ni-act-supreme-court-223952) : 2023 INSC 232

Negotiable Instruments Act 1881; Section 138 - Where the proceedings under
Section 138 of the NI Act had already commenced and during the pendency the plan
is approved or the company gets dissolved, the directors and the other accused
cannot escape from their liability by citing its dissolution. (Para 52) Ajay Kumar
Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., 2023 LiveLaw
(SC) 195 (https://www.livelaw.in/top-stories/insolvency-resolution-of-company-will-
not-extinguish-directors-liability-under-section-138-ni-act-supreme-court-223952) :
2023 INSC 232

Negotiable Instruments Act, 1881; Section 138 - by operation of the provisions of the
IBC, the criminal prosecution initiated against the natural persons under Section 138
read with 141 of the NI Act read with Section 200 of the CrPC would not stand
terminated. (Para 47) Ajay Kumar Radheyshyam Goenka v. Tourism Finance
Corporation of India Ltd., 2023 LiveLaw (SC) 195 (https://www.livelaw.in/top-
stories/insolvency-resolution-of-company-will-not-extinguish-directors-liability-under-
section-138-ni-act-supreme-court-223952) : 2023 INSC 232

Negotiable Instruments Act, 1881; Section 138 - Conviction cannot be confirmed

overriding the agreement between the parties to compound the offence- Terms and
conditions of the settlement entered into by the parties binds them to settle the
dispute amicably, or through an arbitration as has been stated in clause 8 of the
Memorandum of Understanding. In such a circumstance, the Appellants cannot be
convicted on the basis of the orders passed by the courts below, as the settlement is
nothing but a compounding of the offence- This is a very clear case of the parties
entering into an agreement and compounding the offence to save themselves from
the process of litigation. When such a step has been taken by the parties, and the law
very clearly allows them to do the same, the High Court then cannot override such
compounding and impose its will. (Para 8, 9, 11) B.V. Seshaiah v. State of Telangana,
2023 LiveLaw (SC) 75 (https://www.livelaw.in/top-stories/section-138-ni-act-
conviction-cannot-be-confirmed-overriding-agreement-between-parties-to-compound-
the-offence-supreme-court-220554) : AIR 2023 SC 717 : (2023) 2 SCR 293 : 2023
INSC 93
Negotiable Instruments Act, 1881; Section 138 - The offence under Section 138 is
complete upon dishonour of the cheque but prosecution in relation to such offence is
postponed, by virtue of the provisos therein, till the failure of the drawer of the cheque
to make the payment within 15 days of receiving the demand notice. (Para 5) Yogesh
Upadhyay v. Atlanta Ltd., 2023 LiveLaw (SC) 125 (https://www.livelaw.in/top-
stories/supreme-court-section-406-crpc-cheque-cases-transfer-yogesh-upadhyay-vs-
atlanta-limited-2023-livelaw-sc-125-222160) : AIR 2023 SC 1151 : (2023) 2 SCR 511 :
2023 INSC 150

Negotiable Instruments Act, 1881; Section 138, 142(2)(a) - Section 142(2)(a) vests
jurisdiction for initiating proceedings for an offence under Section 138 in the Court
where the cheque is delivered for collection, i.e., through an account in the branch of
the bank where the payee or holder in due course maintains an account. (Para 12)
Yogesh Upadhyay v. Atlanta Ltd., 2023 LiveLaw (SC) 125 (https://www.livelaw.in/top-
stories/supreme-court-section-406-crpc-cheque-cases-transfer-yogesh-upadhyay-vs-
atlanta-limited-2023-livelaw-sc-125-222160) : AIR 2023 SC 1151 : (2023) 2 SCR 511 :
2023 INSC 150

Negotiable Instruments Act, 1881; Section 139 - The standard of proof for rebutting
the presumption is that of preponderance of probabilities - once the execution of
cheque is admitted, Section 139 of the N.I. Act mandates a presumption that the
cheque was for the discharge of any debt or other liability - The presumption under
Section 139 is a rebuttable presumption and the onus is on the accused to raise the
probable defence. The standard of proof for rebutting the presumption is that of
preponderance of probabilities - To rebut the presumption, it is open for the accused
to rely on evidence led by him or the accused can also rely on the materials
submitted by the complainant in order to raise a probable defence - Inference of
preponderance of probabilities can be drawn not only from the materials brought on
record by the parties but also by reference to the circumstances upon which they rely.
Referred to Baslingappa v. Mudibasappa (2019) 5 SCC 418 (Para 12-20) Rajaram
Sriramulu Naidu v. Maruthachalam, 2023 LiveLaw (SC) 46
(https://www.livelaw.in/top-stories/sec-138-ni-act-accused-relies-on-income-tax-
returns-to-show-complainant-did-not-have-financial-capacity-supreme-court-affirms-
acquittal-219315) : AIR 2023 SC 471 : (2023) 1 SCR 809 : 2023 INSC 51

Prevention of Corruption Act, 1988

Prevention of Corruption Act, 1988; Section 13(1)(e) - Second proviso is in the

nature of additional safeguard for the public servant who are accused of the offence
punishable under Section 13(1)(e) of the 1988 Act against an investigation by a
police officer without the knowledge and consent of superior police officer not below
the rank of Superintendent of Police. A superior police officer of the rank of
Superintendent of Police or any officer higher in rank is required to pass an order
before an investigation, if any, for such offence is commenced. It is needless to point-
out that, before directing such investigation, the Superintendent of Police or an officer
superior to him is required to apply his mind to the information and come to an
opinion that the investigation on such allegations is necessary. (Para 88) State v.
Hemendhra Reddy, 2023 LiveLaw (SC) 365 (https://www.livelaw.in/supreme-
court/supreme-court-further-investigation-final-report-state-vs-hemendhra-reddy-
2023-livelaw-sc-365-227552) : 2023 INSC 460

Prevention of Corruption Act, 1988; Section 7 - To attract Section 7 of the PC Act, the
demand for gratification has to be proved by the prosecution beyond a reasonable
doubt. The word used in Section 7, as it existed before 26th July 2018, is
'gratification'. There has to be a demand for gratification. It is not a simple demand
for money, but it has to be a demand for gratification. If the factum of demand of
gratification and acceptance thereof is proved, then the presumption under Section
20 can be invoked, and the Court can presume that the demand must be as a motive
or reward for doing any official act. This presumption can be rebutted by the accused.
(Para 11) Soundarajan v. State, 2023 LiveLaw (SC) 314
(https://www.livelaw.in/supreme-court/supreme-court-framing-of-charges-public-
prosecutors-trial-courts-soundarajan-vs-state-2023-livelaw-sc-313-226596) : AIR
2023 SC 2136 : 2023 INSC 377
Prevention of Corruption Act, 1988 - Demand and recovery both must be proved to
sustain conviction under the Act - Conviction set aside as demand was not proved.
Jagtar Singh v. State of Punjab, 2023 LiveLaw (SC) 232 (https://www.livelaw.in/top-
stories/supreme-court-acquits-man-convicted-for-taking-rs-300-bribe-twenty-years-
ago-224599) : AIR 2023 SC 1567 : 2023 INSC 279

Prevention of Corruption Act, 1988 - In the present case, there are no circumstances
brought on record which will prove the demand for gratification. Therefore, the
ingredients of the offence under Section 7 of the PC Act were not established and
consequently, the offence under Section 13(1)(d) will not be attracted. Neeraj Dutta v.
State (GNCTD), 2023 LiveLaw (SC) 211 (https://www.livelaw.in/top-stories/supreme-
court-prevention-of-corruption-act-bribe-demand-prove-circumstantial-evidence-
absence-direct-oral-documentary-224268) : 2023 Cri. LJ 1856 : (2023) 2 SCR 997 :
2023 INSC 245

Prevention of Corruption Act, 1988 - the complainant did not produce a copy of the
application made by him for providing electricity meter - the complainant did not
clearly tell that he had given such application. In absence of proof of making such
application, the prosecution's case regarding demand of bribe for installing new
electricity meter becomes doubtful. (Para 18) Neeraj Dutta v. State (GNCTD), 2023
LiveLaw (SC) 211 (https://www.livelaw.in/top-stories/supreme-court-prevention-of-
corruption-act-bribe-demand-prove-circumstantial-evidence-absence-direct-oral-
documentary-224268) : 2023 Cri. LJ 1856 : (2023) 2 SCR 997 : 2023 INSC 245

Prevention of Corruption Act, 1988; Section 7 - Demand of Gratification - When we

consider the issue of proof of demand within the meaning of Section 7, it cannot be a
simpliciter demand for money but it has to be a demand of gratification other than
legal remuneration - Every demand made for payment of money is not a demand for
gratification. It has to be something more than mere demand for money. (Para 16, 17)
Neeraj Dutta v. State (GNCTD), 2023 LiveLaw (SC) 211 (https://www.livelaw.in/top-
stories/supreme-court-prevention-of-corruption-act-bribe-demand-prove-
circumstantial-evidence-absence-direct-oral-documentary-224268) : 2023 Cri. LJ
1856 : (2023) 2 SCR 997 : 2023 INSC 245

Prevention of Corruption Act, 1988; Sections 20 and 7 - The presumption under

Section 20 can be invoked only when the two basic facts required to be proved under
Section 7, are proved. The said two basic facts are 'demand' and 'acceptance' of
gratification. The presumption under Section 20 is that unless the contrary is proved,
the acceptance of gratification shall be presumed to be for a motive or reward, as
contemplated by Section 7. It means that once the basic facts of the demand of
illegal gratification and acceptance thereof are proved, unless the contrary are
proved, the Court will have to presume that the gratification was demanded and
accepted as a motive or reward as contemplated by Section 7. However, this
presumption is rebuttable. Even on the basis of the preponderance of probability, the
accused can rebut the presumption. (Para 11) Neeraj Dutta v. State (GNCTD), 2023
LiveLaw (SC) 211 (https://www.livelaw.in/top-stories/supreme-court-prevention-of-
corruption-act-bribe-demand-prove-circumstantial-evidence-absence-direct-oral-
documentary-224268) : 2023 Cri. LJ 1856 : 2023 INSC 245 : (2023) 2 SCR 997

Prevention of Corruption Act, 1988; Sections 7 and 13 – In absence of direct

evidence, the demand and/or acceptance can always be proved by other evidence
such as circumstantial evidence – Also, allegation of demand of gratification and
acceptance made by a public servant has to be established beyond a reasonable
doubt - the Constitution Bench ruling in Neeraj Dutta v. State, 2022 LiveLaw (SC) 1029
that direct evidence of demand or acceptance of bribe is not necessary for a
conviction under the Act does not dilute the requirement of proof beyond reasonable
doubt. (Para 14) Neeraj Dutta v. State (GNCTD), 2023 LiveLaw (SC) 211
(https://www.livelaw.in/top-stories/supreme-court-prevention-of-corruption-act-bribe-
demand-prove-circumstantial-evidence-absence-direct-oral-documentary-224268) :
2023 Cri. LJ 1856 : 2023 INSC 245 : (2023) 2 SCR 997
Prevention of Corruption Act, 1988; Sections 7 and 13 - The Constitution Bench was
dealing with the issue of the modes by which the demand can be proved and laid
down that the proof need not be only by direct oral or documentary evidence, but it
can be by way of other evidence including circumstantial evidence. When reliance is
placed on circumstantial evidence to prove the demand for gratification, the
prosecution must establish each and every circumstance from which the prosecution
wants the Court to draw a conclusion of guilt. The facts so established must be
consistent with only one hypothesis that there was a demand made for gratification
by the accused. (Para 14) Neeraj Dutta v. State (GNCTD), 2023 LiveLaw (SC) 211
(https://www.livelaw.in/top-stories/supreme-court-prevention-of-corruption-act-bribe-
demand-prove-circumstantial-evidence-absence-direct-oral-documentary-224268) :
2023 Cri. LJ 1856 : (2023) 2 SCR 997: 2023 INSC 245

Prevention of Corruption Act, 1988 - It is desirable that High Courts maintain a

"hands-off" approach and not quash FIRs relating to corruption cases at investigation
stage-This is because, it is difficult to form an opinion conclusively at the stage of
reading a first information report that the public servant is either in or not in
possession of property disproportionate to the known sources of his/her income. It
would all depend on what is ultimately unearthed after the investigation is complete -
The considerations that could apply to quashing of first information reports
pertaining to offences punishable under general penal statutes ex proprio vigore may
not be applicable to a P.C. Act offence. (Para 74) State of Chattisgarh v. Aman Kumar
Singh, 2023 LiveLaw (SC) 158 (https://www.livelaw.in/tags/state-of-chhattisgarh-vs-
aman-kumar-singh-2023-livelaw-sc-158) : AIR 2023 SC 1441 : 2023 INSC 189

Prevention of Corruption Act, 1988 - Zero Tolerance to Corruption - Though it is the

preambular promise of the Constitution to secure social justice to the people of India
by striving to achieve equal distribution of wealth, it is yet a distant dream. If not the
main, one of the more prominent hurdles for achieving progress in this field is
undoubtedly 'corruption'. Corruption is a malaise, the presence of which is all
pervading in every walk of life. (Para 49) State of Chattisgarh v. Aman Kumar Singh,
2023 LiveLaw (SC) 158 (https://www.livelaw.in/tags/state-of-chhattisgarh-vs-aman-
kumar-singh-2023-livelaw-sc-158) : AIR 2023 SC 1441 : 2023 INSC 189

Prevention of Cruelty to Animals Act, 1960

Prevention of Cruelty to Animals Act, 1960 - Jallikattu Law can't be termed arbitrary
merely because bulls lack natural ability to run like horses. Animal Welfare Board of
India v. Union of India, 2023 LiveLaw (SC) 447 (https://www.livelaw.in/tags/the-
animal-welfare-board-of-india-vs-union-of-india) : AIR 2023 SC 2612 : 2023 INSC 548

Prevention of Cruelty to Animals Act, 1960 - The Supreme Court has expressed its
disagreement with the 2014 division bench judgment in Animal Welfare Board of
India v. A. Nagaraja And Ors insofar as it held that Jallikattu is not a cultural practice
in Tamil Nadu. As per the materials placed before the Court, Jallikattu is going in
Tamil Nadu for at least the last one century and whether or not it as an integral part
of Tamil culture could not have been decided by the Court. When the legislature has
declared that Jallikattu is part of the cultural heritage of TN state, the judiciary cannot
take a different view. Legislature is best suited to decide that. The preamble to the
state amendment had stated that Jallikettu is a part of cultural heritage of the State.
We will not disrupt the view of the legislature that it is part of the cultural heritage of
the state. Animal Welfare Board of India v. Union of India, 2023 LiveLaw (SC) 447
(https://www.livelaw.in/tags/the-animal-welfare-board-of-india-vs-union-of-india) :
AIR 2023 SC 2612 : 2023 INSC 548

Prevention of Cruelty to Animals Act, 1960 - there is no precedent to show that the
Constitution of India recognises fundamental rights for animals. Animal Welfare
Board of India v. Union of India, 2023 LiveLaw (SC) 447
(https://www.livelaw.in/tags/the-animal-welfare-board-of-india-vs-union-of-india) :
AIR 2023 SC 2612 : 2023 INSC 548
Prevention of Money Laundering Act, 2002

Prevention of Money Laundering Act (Act 15 of 2003) – Section 3 – Registration of

ECIR – Effect of delay – Information about all complaints, the nature of the
complaints, and the amount of money allegedly collected towards illegal gratification
had all come into the public domain – Once a piece of information relating to the
acquisition of a huge amount of illegal gratification in the matter of public
employment has come into the public domain, it is the duty of the ED to register an
Information Report – Held, registration of ECIR does not amount to fishing expedition
– Further held, argument that there is no explanation for the delay in registering the
ECIR self-serving – Writ petition challenging ED investigation dismissed. Y. Balaji v.
Karthik Desari, 2023 LiveLaw (SC) 440 (https://www.livelaw.in/tags/y-balaji-vs-
karthik-desari-2023-livelaw-sc-440) : AIR 2023 SC 3171 : (2023) 8 SCR 1026 : 2023
INSC 542

Prevention of Money Laundering Act, 2002 - Mere fact that chargesheet has been
filed for the predicate offences is not a ground to release the accused on bail in
connection with the offences under the PML Act. Directorate of Enforcement v.
Aditya Tripathi, 2023 LiveLaw (SC) 433 (https://www.livelaw.in/top-stories/supreme-
court-pmla-money-laundering-accused-bail-chargesheet-predicate-offence-228703) :
AIR 2023 SC 2324 : 2023 INSC 531

Prevention of Money Laundering Act, 2003 – Sections 3 and 2(1)(u) – Offence of

Money Laundering – Definition of proceeds of crime – In offences of corruption,
criminal activity and generation of proceeds of crime go hand-in-hand – Wherever
there are allegations of corruption, the acquisition of proceeds of crime itself
tantamount to money laundering – Even if an intangible property is derived as a result
of criminal activity relating to a scheduled offence, it becomes proceeds of crime
under Section 2(1)(u) – Held, arguments that there are no foundational facts or
jurisdictional facts unsustainable and as such, proceedings before Enforcement
Directorate not illegal – Writ petition challenging ED investigation dismissed. Y. Balaji
v. Karthik Desari, 2023 LiveLaw (SC) 440 (https://www.livelaw.in/tags/y-balaji-vs-
karthik-desari-2023-livelaw-sc-440) : AIR 2023 SC 3171 : (2023) 8 SCR 1026 : 2023
INSC 542

Prevention of Money Laundering Act, 2002; Section 45 - Rigours under Section 45

are applicable to anticipatory bail applications. (Para 5) Directorate of Enforcement v.
M. Gopal Reddy, 2023 LiveLaw (SC) 138 (https://www.livelaw.in/top-stories/section-
45-pmla-conditions-applicable-to-anticipatory-bail-applications-for-money-laundering-
offence-supreme-court-222489) : 2023 INSC 163

Prevention of Money-laundering Act, 2002; Section 3 - The area in which the

property is derived or obtained or even held or concealed, will be the area in which the
offence of money laundering is committed. (Para 39-40) Rana Ayyub v. Directorate of
Enforcement, 2023 LiveLaw (SC) 86 (https://www.livelaw.in/tags/rana-ayyub-vs-
directorate-of-enforcement-2023-livelaw-sc-86) : AIR 2023 SC 875 : (2023) 4 SCC
357 : 2023 INSC 101

Prevention of Money-laundering Act, 2002; Section 44 - It is the Special Court

constituted under the PMLA that would have jurisdiction to try even the scheduled
offence. Even if the scheduled offence is taken cognizance of by any other Court, that
Court shall commit the same, on an application by the concerned authority, to the
Special Court which has taken cognizance of the offence of money-laundering. (Para
36) Rana Ayyub v. Directorate of Enforcement, 2023 LiveLaw (SC) 86
(https://www.livelaw.in/tags/rana-ayyub-vs-directorate-of-enforcement-2023-livelaw-
sc-86) : AIR 2023 SC 875 : (2023) 4 SCC 357 : 2023 INSC 101

Prevention of Money Laundering Act (Act 15 of 2003); Sections 3 and 44 –

Territorial Jurisdiction of Special PMLA Court – Place of commission of the offence
of money-laundering – The involvement of a person in any one or more of certain
processes or activities connected with the proceeds of crime, namely, concealment,
possession, acquisition, use, projecting as untainted property, or claiming as
untainted property, constitutes the offence of money-laundering – All the places
where any one or more of these processes or activities take place are the places
where the offence of money-laundering has been committed – Triable by the special
court(s) constituted for the area(s) in which the offence of money-laundering has
been committed – Held, the petition could not be entertained since the issue of
territorial jurisdiction could not be decided in a writ petition, especially in the
presence of a serious factual dispute about the place or places of commission of the
offence – Petition dismissed. (Paras 38 to 40) Rana Ayyub v. Directorate of
Enforcement, 2023 LiveLaw (SC) 86 (https://www.livelaw.in/tags/rana-ayyub-vs-
directorate-of-enforcement-2023-livelaw-sc-86) : AIR 2023 SC 875 : (2023) 4 SCC
357 : 2023 INSC 101

Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 - In a complaint filed under
the Protection of women from Domestic Violence Act, 2005, it is not open to the
Court to impose such onerous conditions upon the appellant, who claims to be a
victim of domestic violence. What the Appellate Court and the High Court have
ordered are actually in the nature of penalty for the appellant not proceeding with the
trial. In the first instance, it is impermissible in law. Bhawna v. Bhay Ram, 2023
LiveLaw (SC) 148 (https://www.livelaw.in/news-updates/supreme-court-domestic-
violence-act-payment-courts-should-not-impose-onerous-conditions-222683)

Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - The
officers, who institute an FIR, based on any complaint, are duty bound to be vigilant
before invoking any provision of a very stringent statute, like the SC/ST Act, which
imposes serious penal consequences on the concerned accused. The officer has to
be satisfied that the provisions he seeks to invoke prima facie apply to the case at
hand. We clarify that our remarks, in no manner, are to dilute the applicability of
special/stringent statutes, but only to remind the police not to mechanically apply the
law, dehors reference to the factual position. Gulam Mustafa v. State of Karnataka,
2023 LiveLaw (SC) 421 (https://www.livelaw.in/supreme-court/supreme-court-sc-st-
act-police-officers-be-vigilan-sri-gulam-mustafa-vs-state-of-karnataka-228519) : AIR
2023 SC 2999 : 2023 INSC 511

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989;
Section 3(1)(x) - Before subjecting an accused to a trial for alleged commission of
offence, it is desirable that the caste related utterances are outlined either in the FIR
or, atleast, in the chargesheet. The same would enable it to ascertain if a case is
made out for an offence under the SC/ST Act before taking cognisance of the matter.
Ramesh Chandra Vaishya v. State of Uttar Pradesh, 2023 LiveLaw (SC) 469
(https://www.livelaw.in/supreme-court/supreme-court-scst-act-desirable-to-outline-
caste-related-utterances-in-fir-or-chargesheet-229535) : (2023) 6 SCR 643 : 2023
INSC 569

Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -

Supreme Court refuses to interfere with HC order quashing FIR lodged by a Dalit IIT
faculty member against his colleagues alleging caste-based harassment - Court
favours a conciliatory approach and urges the Chairman of Board of Governor to
invite the complainant and the accused for talks - Court observes allegations and
counter-allegations damage the repute of a premier institution like IIT - Court
impresses upon them to ensure that they work together as a team in the best
interests of the institution and their students, and do not allow any unfortunate and
untoward incidents to occur which might hurt the sentiments, feelings, respect and
dignity of each other - Court says the continuation of criminal proceedings will be an
impediment to restoration of normalcy and bringing cordiality back between the
appellant and the respondents in their professional and personal capacities.
Subrahmanyam Saderla v. Chandra Shekhar Upadhyay, 2023 LiveLaw (SC) 126
(https://www.livelaw.in/top-stories/iit-kanpur-caste-discrimination-complaint-
supreme-court-favours-conciliatory-approach-urges-dalit-faculty-his-colleagues-to-
have-talks-222114)
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989;
Sections 3(1)(v) and (va) - Code of Criminal Procedure, 1973; Section 482 - Private
civil dispute between the parties is converted into criminal proceedings - Initiation of
the criminal proceedings therefore, is nothing but an abuse of process of law and
Court - Complaint and summoning order quashed. B. Venkateswaran v. P.
Bakthavatchalam, 2022 LiveLaw (SC) 14 (https://www.livelaw.in/top-
stories/supreme-court-sc-st-private-civil-dispute-b-venkateswaran-vs-p-
bakthavatchalam-2022-livelaw-sc-14-218283) : AIR 2023 SC 262 : 2023 INSC 18

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013 (PoSH Act) - Directions - To fulfil the promise that the PoSH Act holds out
to working women all over the country, it is deemed appropriate to issue the following
directions : (I) The Union of India, all State Governments and Union Territories are
directed to undertake a timebound exercise to verify as to whether all the concerned
Ministries, Departments, Government organizations, authorities, Public Sector
Undertakings, institutions, bodies, etc. have constituted ICCs/LCs/ICs, as the case
may be and that the composition of the said Committees are strictly in terms of the
provisions of the PoSH Act. (ii) It shall be ensured that necessary information
regarding the constitution and composition of the ICCs/LCs/ICs, details of the email
IDs and contact numbers of the designated person(s), the procedure prescribed for
submitting an online complaint, as also the relevant rules, regulations and internal
policies are made readily available on the website of the concerned
Authority/Functionary/Organisation/Institution/Body, as the case may be. The
information furnished shall also be updated from time to time. (iii) A similar exercise
shall be undertaken by all the Statutory bodies of professionals at the Apex level and
the State level (including those regulating doctors, lawyers, architects, chartered
accountants, cost accountants, engineers, bankers and other professionals), by
Universities, colleges, Training Centres and educational institutions and by
government and private hospitals/nursing homes. (iv) Immediate and effective steps
shall be taken by the authorities/ managements/employers to familiarize members of
the ICCs/LCs/ICs with their duties and the manner in which an inquiry ought to be
conducted on receiving a complaint of sexual harassment at the workplace, from the
point when the complaint is received, till the inquiry is finally concluded and the
Report submitted. (v) The authorities/management/employers shall regularly
conduct orientation programmes, workshops, seminars and awareness programmes
to upskill members of the ICCs/LCs/ICs and to educate women employees and
women's groups about the provisions of the Act, the Rules and relevant regulations.
(vi) The National Legal Services Authority (NALSA) and the State Legal Services
Authorities (SLSAs) shall develop modules to conduct workshops and organize
awareness programmes to sensitize authorities / managements / employers,
employees and adolescent groups with the provisions of the Act, which shall be
included in their annual calendar. (vii) The National Judicial Academy and the State
Judicial Academies shall include in their annual calendars, orientation programmes,
seminars and workshops for capacity building of members of the ICCs/LCs/ICs
established in the High Courts and District Courts and for drafting Standard
Operating Procedures (SOPs) to conduct an inquiry under the Act and Rules. (viii) A
copy of this judgment shall be transmitted to the Secretaries of all the Ministries,
Government of India who shall ensure implementation of the directions by all the
concerned Departments, Statutory Authorities, Institutions, Organisations etc. under
the control of the respective Ministries. A copy of the judgment shall also be
transmitted to the Chief Secretaries of all the States and Union Territories who shall
ensure strict compliance of these directions by all the concerned Departments. It 2
shall be the responsibility of the Secretaries of the Ministries, Government of India
and the Chief Secretaries of every State/Union Territory to ensure implementation of
the directions issued. (ix) The Registry of the Supreme Court of India shall transmit a
copy of this judgment to the Director, National Judicial Academy, Member Secretary,
NALSA, Chairperson, Bar Council of India and the Registrar Generals of all the High
Courts. The Registry shall also transmit a copy of this judgment to the Medical
Council of India, Council of Architecture, Institute of Chartered Accountants, Institute
of Company Secretaries and the Engineering Council of India for implementing the
directions issued. (x) Member-Secretary, NALSA is requested to transmit a copy of
this judgment to the Member Secretaries of all the State Legal Services Authorities.
Similarly, the Registrar Generals of the State High Courts shall transmit a copy of this
judgment to the Directors of the State Judicial Academies and the Principal District
Judges/District Judges of their respective States. (xi) The Chairperson, Bar Council
of India and the Apex Bodies mentioned in sub-para (ix) above, shall in turn, transmit
a copy of this judgment to all the State Bar Councils and the State Level Councils, as
the case may be. The Union of India and all States/UTs are directed to file their
affidavits within eight weeks for reporting compliances. (Para 77) Aureliano
Fernandes v. State of Goa, 2023 LiveLaw (SC) 424
(https://www.livelaw.in/tags/aureliano-fernandes-versus-state-of-goa-and-others) :
AIR 2023 SC 2485 : (2023) 7 SCR 772 : 2023 INSC 527

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013 (PoSH Act) - Central Civil Services (Classification, Control and Appeal)
Rules, 1965; Rule 14 - Non-framing of the articles of charge – Effect of - In the
instant case, though the Committee appointed by the Disciplinary Authority did not
hold an inquiry strictly in terms of the step-by-step procedure laid down in Rule 14 of
the CCS (CCA) Rules, nonetheless, we have seen that it did furnish copies of all the
complaints, the depositions of the complainants and the relevant material to the
appellant, called upon him to give his reply in defence and directed him to furnish the
list of witnesses that he proposed to rely on. Records also reveal that the appellant
had furnished a detailed reply in defence. He had also submitted a list of witnesses
and depositions. This goes to show that he was well-acquainted with the nature of
allegations levelled against him and knew what he had to state in his defence. Given
the above position, non-framing of the articles of charge cannot be said to be
detrimental to the interest of the appellant. (Para 70) Aureliano Fernandes v. State of
Goa, 2023 LiveLaw (SC) 424 (https://www.livelaw.in/tags/aureliano-fernandes-
versus-state-of-goa-and-others) : AIR 2023 SC 2485 : (2023) 7 SCR 772 : 2023 INSC
527
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013 (PoSH Act) - Inquiry Proceedings - Defects and the Procedural Lapses - In
fact, the glaring defects and the procedural lapses in the inquiry proceedings took
place only thereafter, in the month of May, 2009, when 12 hearings, most of them
back-to-back, were conducted by the Committee at a lightning speed. On the one
hand, the Committee kept on forwarding to the appellant, depositions of some more
complainants received later on and those of other witnesses and called upon him to
furnish his reply and on the other hand, it directed him to come prepared to cross-
examine the said complainants and witnesses as also record his further deposition,
all in a span of one week. Even if the medical grounds taken by the appellant seemed
suspect, the Committee ought to have given him reasonable time to prepare his
defence, more so when his request for being represented through a lawyer had
already been declined. It was all this undue anxiety that had led to short circuiting the
inquiry proceedings conducted by the Committee and damaging the very fairness of
the process. (Para 71) Aureliano Fernandes v. State of Goa, 2023 LiveLaw (SC) 424
(https://www.livelaw.in/tags/aureliano-fernandes-versus-state-of-goa-and-others) :
AIR 2023 SC 2485 : (2023) 7 SCR 772 : 2023 INSC 527

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013 (PoSH Act) - Inquiry Proceedings - Fairness of the Process - the appellant
3 cannot be faulted for questioning the process and its outcome. There is no doubt
that matters of this nature are sensitive and have to be handled with care. The
respondents had received as many as seventeen complaints from students levelling
serious allegations of sexual harassment against the appellant. But that would not be
a ground to give a complete go by to the procedural fairness of the inquiry required to
be conducted, more so when the inquiry could lead to imposition of major penalty
proceedings. When the legitimacy of the decision taken is dependent on the fairness
of the process and the process adopted itself became questionable, then the
decision arrived at cannot withstand judicial scrutiny and is wide open to
interference. It is not without reason that it is said that a fair procedure alone can
guarantee a fair outcome. In this case, the anxiety of the Committee of being fair to
the victims of sexual harassment, has ended up causing them greater harm. (Para
72) Aureliano Fernandes v. State of Goa, 2023 LiveLaw (SC) 424
(https://www.livelaw.in/tags/aureliano-fernandes-versus-state-of-goa-and-others) :
AIR 2023 SC 2485 : (2023) 7 SCR 772 : 2023 INSC 527

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013 (PoSH Act) - Inquiry Proceedings - Principles of Natural Justice - the
proceedings conducted by the Committee with effect from the month of May, 2009,
fell short of the “as far as practicable” norm prescribed in the relevant Rules. The
discretion vested in the Committee for conducting the inquiry has been exercised
improperly, defying the principles of natural justice. As a consequence thereof, the
impugned judgment upholding the decision taken by the EC of terminating the
services of the appellant, duly endorsed by the Appellate Authority cannot be
sustained and is accordingly quashed and set aside with the following directions: (i)
The matter is remanded back to the Complaints Committee to take up the inquiry
proceeding as they stood on 5th May 2009. (ii) The Committee shall afford adequate
opportunity to the appellant to defend himself. (iii) The appellant shall not seek any
adjournment of the proceedings. (iv) A Report shall be submitted by the Committee
to the Disciplinary Authority for appropriate orders. (v) Having regard to the long
passage of time, the respondents are directed to complete the entire process within
three months from the first date of hearing fixed by the Committee. (vi) The
procedure to be followed by the Committee and the Disciplinary Authority shall be
guided by the principles of natural justice. (vii) The Rules applied will be as were
applicable at the relevant point of time. (viii)The decision taken by the Committee and
the Disciplinary Authority shall be purely on merits and in accordance with law. (ix)
The appellant will not be entitled to claim immediate reinstatement or back wages till
the inquiry is completed and a decision is taken by the Disciplinary Authority. (Para
73) Aureliano Fernandes v. State of Goa, 2023 LiveLaw (SC) 424
(https://www.livelaw.in/tags/aureliano-fernandes-versus-state-of-goa-and-others) :
AIR 2023 SC 2485 : (2023) 7 SCR 772 : 2023 INSC 527
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976

Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 -

Object behind enacting the Act, 1976 is to provide for forfeiture of illegally acquired
properties of smugglers and foreign exchange manipulators, and at the same time to
ensure effective prevention of smuggling activities and foreign exchange
manipulation - It is necessary to deprive persons engaged in such activities and
manipulations of their ill-gotten gains. It also provides that such persons have been
augmenting such gains by violations of wealth tax, income tax or other laws or by
other means and have thereby been increasing their resources for operating in a
clandestine manner and to nail such persons who are holding the properties acquired
by them through such gains in the name of their relatives, associates and confidants.
(Para 9) Platinum Theatre v. Competent Authority, 2023 LiveLaw (SC) 226
(https://www.livelaw.in/top-stories/smuggling-foreign-exchange-manipulations-
necessary-to-deprive-persons-engaged-in-such-acts-of-their-ill-gotten-gains-supreme-
court-224515) : AIR 2023 SC 1614 : 2023 INSC 273

Unlawful Activities (Prevention) Act, 1967

Unlawful Activities (Prevention) Act, 1967 - The Supreme Court set aside an order of
the Bombay High Court acquitting former Delhi University professor and activist G.N.
Saibaba as well as others over their alleged Maoist links and remanded the matter
back to the high court to be considered afresh by a different bench. State of
Maharashtra v. Mahesh Kariman Tirki, 2023 LiveLaw (SC) 438
(https://www.livelaw.in/top-stories/supreme-court-sc-sets-aside-bombay-high-court-
hc-order-acquitting-gn-saibaba-remands-appeals-for-fresh-consideration-226692)

Unlawful Activities (Prevention) Act, 1967; Section 43D(5) - Materials placed on

record do not state reasonable grounds for believing that the accusations against the
appellants of commission of offence under the UAPA are prime facie true - bail
granted to two alleged Maoists. Yedala Subba Rao & Anr. v. Union of India, 2023
LiveLaw (SC) 317 (https://www.livelaw.in/supreme-court/uapa-no-reasonable-
grounds-to-believe-accusations-are-prima-facie-true-supreme-court-grants-bail-to-
two-alleged-maoists-226651) : (2023) 6 SCC 65 : 2023 INSC 382

Unlawful Activities (Prevention) Act, 1967 - Section 10(a)(i) does not suffer from any
vagueness and/or on the ground unreasonable and/or disproportionate. (Para 16.1)
Arup Bhuyan v. State of Assam, 2023 LiveLaw (SC) 234
(https://www.livelaw.in/tags/arup-bhuyan-vs-state-of-assam-2023-livelaw-sc-234) :
AIR 2023 SC 1685 : 2023 INSC 292

Unlawful Activities (Prevention) Act, 1967 - the view taken by this Court in the cases
of State of Kerala v. Raneef, (2011) 1 SCC 784; Arup Bhuyan v. Union of India, (2011)
3 SCC 377 and Sri Indra Das v. State of Assam, 2011 (3) SCC 380 taking the view that
under Section 3(5) of Terrorists and Disruptive Activities (Prevention) Act, 1987 and
Section 10(a)(i) of the Unlawful Activities (Prevention) Act, 1967 mere membership of
a banned organization will not incriminate a person unless he resorts to violence or
incites people to violence and does an act intended to create disorder or disturbance
of public peace by resort to violence and reading down the said provisions to mean
that over and 2 above the membership of a banned organization there must be an
overt act and/or further criminal activities and adding the element of mens rea are
held to be not a good law. (Para 18) Arup Bhuyan v. State of Assam, 2023 LiveLaw
(SC) 234 (https://www.livelaw.in/tags/arup-bhuyan-vs-state-of-assam-2023-livelaw-
sc-234) : AIR 2023 SC 1685 : 2023 INSC 292

Unlawful Activities (Prevention) Act, 1967 - Upholds the Constitutionality of Section

10(a)(i) - Overrules the judgments in Arup Bhuyan v. State of Assam, Indra Das v.
State of Assam and State of Kerala v. Raneef which held that mere membership of a
banned association is not sufficient to constitute an offence under the Unlawful
Activities (Prevention) Act 1967 or the Terrorism and Disruptive Activities
(Prevention) Act, unless it is accompanied with some overt violent-Court ought not to
have read down Section 10(a)(i) of the UAPA, 1967 more particularly when neither the
constitutional validity of Section 10(a)(i) of the UAPA, 1967 was under challenge nor
the Union of India was heard. (Para 11.5, 18) Arup Bhuyan v. State of Assam, 2023
LiveLaw (SC) 234 (https://www.livelaw.in/tags/arup-bhuyan-vs-state-of-assam-2023-
livelaw-sc-234) : AIR 2023 SC 1685 : 2023 INSC 292

Unlawful Activities (Prevention) Act, 1967 - When an association is declared

unlawful by notification issued under Section 3 which has become effective of sub-
section 3 of that Section, a person who is and continues to be a member of such
association is liable to be punished with imprisonment for a term which may extend
to two years, and shall also be liable to fine under Section 10(a)(i) of the UAPA, 1967.
(Para 18) Arup Bhuyan v. State of Assam, 2023 LiveLaw (SC) 234
(https://www.livelaw.in/tags/arup-bhuyan-vs-state-of-assam-2023-livelaw-sc-234) :
AIR 2023 SC 1685 : 2023 INSC 292

Unlawful Activities (Prevention) Act, 1967; Section 10(a)(i) - Mere possibility of

misuse cannot be a ground and/or relevant consideration while considering the
constitutionality. (Para 16) Arup Bhuyan v. State of Assam, 2023 LiveLaw (SC) 234
(https://www.livelaw.in/tags/arup-bhuyan-vs-state-of-assam-2023-livelaw-sc-234) :
AIR 2023 SC 1685 : 2023 INSC 292

Unlawful Activities (Prevention) Act, 1967; Section 10(a)(i) - Once an organization is

declared unlawful after due procedure and despite that a person who is a member of
such unlawful association continues to be a member of such unlawful association
then he has to face the consequences and is subjected to the penal provisions as
provided under Section 10 more particularly Section 10(a)(i) of the UAPA, 1967. (Para
14.5) Arup Bhuyan v. State of Assam, 2023 LiveLaw (SC) 234
(https://www.livelaw.in/tags/arup-bhuyan-vs-state-of-assam-2023-livelaw-sc-234) :
AIR 2023 SC 1685 : 2023 INSC 292

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