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Category: Supreme Court of India Judgment or Order or Notification

Ishwar Chand Sharma and Ors Vs State of U.P. on 29 May 2026

Posted on July 26 by ShadesOfKnife

A division bench of Apex Court passed this reportable judgment.

 

From Para 10.2,

10.2 It is pertinent to underscore the important role played by the legal fraternity in bringing down the overall pendency of the cases in the Family Courts and criminal cases which are an adjunct to matrimonial disputes by weeding out unimportant and vexatious proceedings undertaken in pursuance of a personal vendetta by unscrupulous litigants so as to fillip attention of the courts towards genuine litigation and pressing issues and adjudication of claims. This would lead to increasing the overall efficiency and disposal of cases while at the same time preventing infraction of the interests of justice and abuse of process of law.

Ishwar Chand Sharma and Ors Vs State of U.P. on 29 May 2026

Citations: [2026 INSC 587]

Other Sources:

 


Index of Quash Judgments here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court Advocate Antics CrPC 482 – Criminal Proceeding Quashed CrPC 482 – FIR Quashed CrPC 482 – IPC 498A Quashed Ishwar Chand Sharma and Ors Vs State of U.P. Judiciary Antics Reportable Judgement or Order | Leave a comment

Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr on 21 Jul 2026

Posted on July 26 by ShadesOfKnife

A division bench of Supreme Court held that, ‘Typographical Errors In Pleadings Cannot Trigger Proceedings U/S 340 CrPC Unless They Amount To Deliberate Falsehood’ and ‘Wrong Statement’ In Pleadings Not Necessarily A ‘False Statement’.

Note: This is a Criminal Appeal filed in 2015, got disposed in 2026. A full 12 years… Hope the parties are still alive. Right to speedy trail seems to be a myth in India.

From Para 7,

It is by now settled that while entertaining proceedings under Section 340 of the Cr.P.C., it must be borne in mind that the material produced before the Court ought to make out a prima facie case for an inquiry to be made into an offence referred to in Section 195(1)(b) of the Penal Code. Further, the Court has to also consider whether it is expedient in the interest of justice that such inquiry should be made into the alleged offence. Reference in this regard can be usefully made to the decision of the Constitution Bench in Iqbal Singh Marwah and another Vs. Meenakshi Marwah and another9.

From Para 10,

10. A reading of the aforesaid observations clearly indicates that the Court was prima facie satisfied that ‘wrong statements’ had been made by the defendant and his learned counsel in the miscellaneous appeal and, hence, a prima facie case for lodging a complaint had been made out.

From Para 11,

11. From the aforesaid provisions, it becomes clear that what is punishable is the giving of ‘false evidence’ under Section 193 or making of a ‘false statement’ under Section 199. What is thus required at the stage of directing initiation of proceedings for an offence punishable under the said provisions is a prima facie case of having given ‘false evidence’ or making a ‘false statement’ in a declaration which by law is receivable as evidence. As noted above, the Court for the purposes of directing the filing of a complaint recorded its prima facie satisfaction that ‘wrong statements’ had been made in the memorandum of appeal and the application for stay preferred by the defendant that was filed through his learned counsel. The order dated 19.01.2006 directing lodging of a complaint does not record any prima facie satisfaction that ‘false statement’ had been made in the aforesaid proceedings. There is a material difference between making a ‘wrong statement’ and ‘false statement’ in the context of Sections 199 and 200 of the Penal Code. A ‘wrong statement’ of fact may not always have the character of a ‘false statement’. While making of a ‘wrong statement’ may not fall within the ambit of Sections 199 and 200 of the Penal Code, a ‘false statement’ would qualify as relevant material for being considered as an offence under the said provisions. The threshold for initiating action for an offence punishable under Sections 199 and 200 of the Penal Code is the making of a ‘false statement’ and not the making of a ‘wrong statement’. It is so because a ‘false statement’ denotes a deliberate intention in making such statement; in other words, it is a wrongful or erroneous statement made intentionally to gain an undue advantage. Thus, the basic premise on which the Court proceeded to direct a complaint to be filed is erroneous and it does not satisfy the necessary threshold. It is, therefore, clear that no prima facie satisfaction was recorded by the Court that ‘false statements’ were made by the defendant and his learned counsel in the memorandum of appeal and in the application for stay, warranting initiation of proceedings for the offence punishable under Sections 193, 199 and 200 of the Penal Code.

From Para 12,

12. It is also pertinent to note that the Court failed to record its satisfaction that it was expedient in the interest of justice that an inquiry should be made into the alleged offence in view of such statements. Without recording any satisfaction that it was indeed expedient in the interest of justice to hold an enquiry, such a direction was issued. Section 340 (1) of the Cr.P.C. mandates that a Court before directing an inquiry to be made into any offence referred to in Section 195 (1) (b) of the Penal Code, it should form an opinion that it is expedient in the interests of justice that such inquiry is in fact necessary. This would indicate that on the mere making of a ‘wrong statement’, an inquiry cannot be ordered. The forming of an opinion by the Court that holding of an inquiry is in fact expedient in the interests of justice is also a must. Ordering an inquiry without formation of any opinion as required by Section 340 (1) of the Cr.P.C. would render the order bad in law being not in accordance with the mandate of Section 340 (1).

From Para 13,

13. The High Court in the appeal preferred by the appellants challenging the order directing initiation of criminal proceedings proceeded to record its satisfaction that the appellants had filed a false affidavit in support of the application for stay. Such prima facie finding not having been recorded by the court of first instance, the High Court in the appeal preferred by the appellants challenging that order could not have recorded such finding, especially when the plaintiffs had not challenged the said order. The appellants could not have been placed in a worse position by preferring an appeal. The court of first instance having prima facie found that it was a case of making ‘wrong statements’, the High Court went on to record a finding that the appellants had in fact filed a false affidavit. Further, the High Court also recorded a finding as to the expediency of filing a complaint in the interests of justice. This finding was absent in the original order. The High Court has, thus, proceeded to improve the impugned order in an appeal preferred by the appellants, who were in fact aggrieved by the same. Such course is not permissible in law.

From Para 14,

14. We may also note that the application under Section 340 of the Cr.P.C. came to be filed by the plaintiffs on 27.04.2005. Much prior thereto, on 20.09.2004 the defendant through his learned counsel moved an application seeking correction of the typing mistakes in the memorandum of appeal as well as the application for stay.

From Para 17,

17. Before parting, it may be noted that the Constitution Bench in Iqbal Singh Marwah and another (supra) was of the view that a direction for filing of a complaint normally ought not to be made during the pendency of the substantive proceedings before the Court but only when the proceedings conclude and the final judgment is rendered. The object is clear inasmuch as the main proceedings ought to be proceeded with and decided instead of diverting them with the aid of Section 340 of the Cr.P.C. It is noticed that at times, the aid of Section 340 of the Cr.P.C. is sought to be taken merely to delay the adjudication of the substantive proceedings, as also in the present case. The dictum of the Constitution Bench, thus, ought to be borne in mind by the Courts.

Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr on 21 Jul 2026

Citations: [2026 INSC 724]

Other Sources:

https://indiankanoon.org/doc/25151633/

https://www.casemine.com/judgement/in/6a5f599e5fc2952542506833

https://www.livelaw.in/supreme-court/wrong-statement-in-pleadings-not-necessarily-a-false-statement-supreme-court-quashes-perjury-case-542312

https://www.verdictum.in/supreme-court/prabhakar-yeshwant-masram-and-another-v-sou-tula-namdeorao-jaipurkar-and-another-2026-insc-724-1618292

The Perjury Threshold: Evaluating Wrong Statements in Pleadings


Index of Perjury Judgments here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 340 - Dismissed/Rejected Perjury Under Section 340 CrPC Prabhakar Yeshwant Masram and Anr Vs Sou Tula Namdeorao Jaipurkar and Anr Reportable Judgement or Order | Leave a comment

Prahlad Singh Bhati Vs N.C.T. Delhi and Anr on 23 Mar 2001

Posted on July 12 by ShadesOfKnife

A division bench of Supreme Court held as follows,

The jurisdiction to grant bail has to be exercised on the basis of well settled principles having regard to the circumstances of each case and not in an arbitrary manner. While granting the bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character, behaviour, means and standing of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public or State and similar other considerations. It has also to be kept in mind that for the purposes of granting the bail the Legislature has used the words “reasonable grounds for believing” instead of “the evidence” which means the court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not excepted , at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt.

Further,

The mere initial grant of anticipatory bail for lesser offence, did not entitle the respondent to insist for regular bail even if he was subsequently found to be involved in the case of murder. Neither Section 437(5) nor Section 439(1) of the Code was attracted. There was no question of cancellation of bail earlier granted to the accused for an offence punishable under Sections 498A, 306 and 406 IPC. The Magistrate committed a irregularity by holding that “I do not agree with the submission made by the Ld.Prosecutor in as much as if we go by his submissions then the accused would be liable for arrest every time the charge is altered or enhanced at any stage, which is certainly not the spirit of law”. With the change of the nature of the offence, the accused becomes disentitled to the liberty granted to him in relation to a minor offence, if the offence is altered for an aggravated crime. Instead of referring to the grounds which entitled the respondent-accused the grant of bail, the Magistrate adopted a wrong approach to confer him the benefit of liberty on allegedly finding that no grounds were made out for cancellation of bail.

Finally,

We would reiterate that in cases where the offence is punishable with death or imprisonment for life which is triable exclusively by a court of Sessions, the Magistrate may, in his wisdom, refrain to exercise the powers of granting the bail and refer the accused to approach the higher courts unless he is fully satisfied that there is no reasonable ground for believing that the accused has been guilty of an offence punishable with death or imprisonment for life.

Prahlad Singh Bhati Vs N.C.T. Delhi and Anr on 23 Mar 2001

Prahlad Singh Bhati Vs N.C.T. Delhi and Anr on 23 Mar 2001 (INSC)

Citations:

Other Sources:

https://indiankanoon.org/doc/1067439/

https://www.casemine.com/judgement/in/5609ada1e4b0149711411eb9


Index of Anticipatory Bail Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC Sec 438 - Anticipatory Bail Landmark Case Legal Procedure Explained - Interpretation of Statutes Prahlad Singh Bhati Vs N.C.T. Delhi and Anr Reportable Judgement or Order | Leave a comment

Pooja Ramesh Singh Vs JnK Bank and Anr on 02 Jul 2026

Posted on July 8 by ShadesOfKnife

A division bench of Apex Court was surprised to know that fake judgments mentioned in NCLT Judgment were not caught by NCLAT.

From Paras 15 and 16,

15. It is not in dispute that the judgments relied upon by the NCLT are non-existent, and some AI-generated paragraphs are wrongly attributed to genuine citations. An independent examination undertaken by us reveals the following about the judgments relied upon by the adjudicating authority: State Bank of India v. M/s Shree Ram Urban Infrastructure Ltd., 2020 SCC OnLine SC 341 (cited in para 44 of NCLT judgment) – Wrong citation of an existing reported judgment6 and a non-existent paragraph, Everest Kento Cylinders Ltd. v. Union of India (2015) 2 SCC 1 (cited in para 45 of NCLT judgment) – Correct citation but nonexistent paragraph, ICICI Bank Ltd. v. Urban Infrastructure Real Estate Ltd., (2019) 16 SCC 528 (cited in para 47 of NCLT judgment) – Nonexistent citation, V.S. Dempo & Co. Ltd. v. Reliance Communications Ltd., (2021) 10 SCC 176 (cited in para 49 of NCLT judgment) – Nonexistent citation, Canara Bank v. N.G. Subbaraya Setty & Anr., (2018) 16 SCC 228 (cited in para 51 of NCLT judgment) – Correct citation but non-existent paragraph and Sarbjit Singh v. Union Bank of India, (2022) 7 SCC 464 (cited in para 53 of NCLT judgment) – Non-existent citation.
16. Respondent No. 1 has filed an affidavit indicating that the alleged judgments relied on by NCLT were not cited by its counsel at the bar. The affidavit also indicates that the so-called precedents relied on by the adjudicating authority were obtained through its own research. What about the Appellate Tribunal? The fake, non-existent judgments escaped scrutiny by the first statutory appellate tribunal. Today’s courts and tribunals implicitly trust lawyers when referring to precedents cited before them. Imagine the hardship of a situation in which the Court must verify the authenticity of each judgment cited by an advocate.

Pooja Ramesh Singh Vs JnK Bank and Anr on 02 Jul 2026

Citations:

Other Sources:

 


Index

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Artificial Intelligence Tools Judiciary Antics Pooja Ramesh Singh Vs JnK Bank and Anr Reportable Judgement or Order | Leave a comment

Mohanlal Shamij Soni Vs UOI and Anr on 22 Feb 1991

Posted on July 6 by ShadesOfKnife

A division bench of the Apex Court held that under section 311 of Cr.P.C. (read along with the Section 165 of Evidence Act), a Criminal Court has wide power to summon any person as witness, at any stage of the case, even after completion of defence evidence and argument stages.

From Para 9,

9. The very usage of the words such as ‘any court’, ‘at any stage’, or ‘of any enquiry, trial or other proceedings’, ‘any person’ and ‘any such person’ clearly spells out that this section is expressed in the widest possible terms and do not limit the discretion of the court in any way. However, the very width requires a corresponding caution that the discretionary power should be invoked as the exigencies of justice require and exercised judicially with circumspection and consistently with the provisions of the Code. The second part of the section does not allow for any discretion but it binds and compels the court to take any of the aforementioned two steps if the fresh evidence to be obtained is essential to the just decision of the case.

Mohanlal Shamij Soni Vs UOI and Anr on 22 Feb 1991

Citations: [AIR 1991 SC 1346], [1991 CRILJ 1521], [1991 (1) CRIMES 818(SC)], [1991 (33) ECC 18], [1992 (61) ELT 521(SC)], [1991 (1) SCALE 401], [1991 SUPP (1) SCC 271], [1991 (2) UJ 43 (SC)], [1991 SCC(CRI) 595], [1992 CRIAPPR(SC) 73], [1991 (1) SCR 712], [1991 (1) GUJLH 11], [1991 (3) JT 17], [(1991) ALLCRIR 725], [(1992) SC CR R 51], [1991 CRILR(SC MAH GUJ) 286], [1992 CHANDLR(CIV&CRI) 421], [(1992) 1 CHANDCRIC 78], [(1991) 33 ECC 18], [(1991) 2 GUJ LR 974], [(1991) 3 RECCRIR 182], [(1991) MADLW(CRI) 284], [(1997) 68 ECR 783]

Other Sources:

https://indiankanoon.org/doc/171510013/

https://www.casemine.com/judgement/in/5609ac6be4b014971140ed29


Index

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 311 - Power to summon material witness or examine person present Landmark Case Legal Procedure Explained - Interpretation of Statutes Mohanlal Shamij Soni Vs UOI and Anr Reportable Judgement or Order | Leave a comment

Sachin Arora Vs Manju Arora on 02 Jul 2026

Posted on July 4 by ShadesOfKnife

A division bench of Supreme Court was not interested to interfere with the Delhi High Court Judgment.

Sachin Arora Vs Manju Arora on 02 Jul 2026

Citations:

Other Sources:

https://www.livelaw.in/supreme-court/supreme-court-refuses-to-interfere-with-delhi-hc-order-allowing-wife-to-seek-husbands-hotel-cdr-records-to-prove-adultery-539935


The following is the impugned Delhi High Court Judgment. The husband may have to have a serious discussion with his Counsel at Family Court, where the Reply was filed with certain admissions. Thoroughly self-sabotaging style drafting! Now, his only shield is Cross Examination Stage to bring out the truth. Hope it is handled at least now professionally and properly.

From Para 19,

19. … Moreover, in his written statement filed before the learned Family Court, the petitioner had taken a totally contrary stand claiming that he had gone to Jaipur on an official trip along with his female colleague for which purpose two rooms were reserved in Hotel Fairmont. This in itself, he contends is sufficient to prima facie show that the petitioner in order to conceal his adulterous acts is trying to take contradictory stands before the learned Family Court to somehow prevent disclosure of the details regarding his stay in the hotel being well aware that this disclosure would in itself show adultery on his part. In support of his plea, he seeks to place to reliance on a decision of the Andhra Pradesh High Court in Civil Revision Petition No.2385 and 2466 of 2018 titled K Srinivas Rao vs Nalam Naga Kamala.

From Para 32,

32. … Furthermore, what needs to be noted that the petitioner has taken contradictory stands regarding the presence of his lady friend in the hotel. While in his written statement he has stated that he was on an official trip to Jaipur, along with his female colleague and therefore, two rooms were booked for them in Hotel Fairmont, in response to the application he has claimed that he met the lady friend by chance in the hotel as she was also co-incidentally staying there. The respondent is the estranged wife of the petitioner who obviously does not has any direct evidence of her husband indulging in acts of adultery. By resort to Section 14 of the Family Courts Act, she is, only trying to seek production of evidence which she reasonably believes will prove her charge of adultery which by its very nature can be inferred only from circumstances.

From Para 39,

39. From the aforesaid, it is evident that it has been repeatedly held by the Apex Court that the right to privacy, as enshrined under Article 21, is not an absolute right. In the present case, the Court has on the one side, a husband who is taking contradictory stands in his pleadings…

Sachin Arora Vs Manju Arora on 10 May 2023
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Deepti Kapur Vs Kunal Julka Family Courts Act Sec 14 - Application of Indian Evidence Act 1872 Sachin Arora Vs Manju Arora | Leave a comment

Payal Sharma Vs State of Punjab and Anr on 26 Nov 2024

Posted on July 2 by ShadesOfKnife

A division bench of the Apex Court held as follows,

From Para 22,

22. The fact that the present complaint which ultimately culminated in the impugned order was filed by the complainant subsequent to the grant of divorce between the first accused and the complainant’s daughter, is a fact discernible and indisputable. This had occurred in Canada. A perusal of the final report would reveal that even after the investigation no material whatsoever worthy to connect the appellant with the offences was seen collected. Therefore, the question is whether the vague, and at the same time, highly exaggerated versions of FIR and the proceedings subsequent thereto can be permitted to be proceeded against accused Nos.5 and 6. In short, on a careful consideration of FIR and the final report and materials we have no hesitation to hold that there is nothing on record to suggest, even prima facie that they would constitute the alleged offences against the accused No.6.

From Para 23,

23. A scanning of the FIR and the subsequently filed final report would reveal that the allegation against accused No.5, who is the wife of accused No.6, are also of the same nature. It is relevant to note that she is related to the husband of complainant’s daughter only through her marriage with cousin brother of the first accused viz., accused No.6. When the subject FIR and all further proceedings pursuant therefrom were quashed against the said cousin brother viz., accused No.6, the same reasons must apply to the case of accused No.5 as well. We are of the considered view that the High Court ought to have interfered and quashed the subject FIR and all other proceedings therefrom in relation to accused No.5 viz., the wife of accused No.6 as well. To secure interest of justice in the circumstances obtained, we are of the considered view that filing of the chargesheet cannot be a reason for interfering with impugned order in respect of accused No.6 or rejecting the prayer of accused No.5 to quash the proceedings and to make them to argue or to raise the legal and factual issues at the stage of framing of the charges. It is evident that making them to face the trial based on the allegations or accusation as referred above would be nothing but an abuse of process of court.

Payal Sharma Vs State of Punjab and Anr on 26 Nov 2024

Citations: [2024 INSC 896]

Other Sources:

https://indiankanoon.org/doc/101620228/

https://www.casemine.com/judgement/in/67458986e8c0441261878a34

https://www.verdictum.in/court-updates/supreme-court/payal-sharma-v-state-of-punjab-2024-insc-896-over-implication-of-close-relatives-of-husband-in-alleged-dowry-cases-1559200

https://lawbeat.in/supreme-court-judgments/dowry-harassment-cases-supreme-court-stresses-courts-duty-check-exaggerated-versions

https://testbook.com/recent-judgements/payal-sharma-vs-state-of-punjab

PAYAL SHARMA V.  STATE OF PUNJAB & Anr, (26 November 2024)


Karnataka High Court relied on this Judgment in Crl.Pet.No.13296/2024 to grant interim stay.


Index of Quash Judgements is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court Catena of Landmark Judgments Referred/Cited to Non-Reportable Judgement or Order Payal Sharma Vs State of Punjab and Anr | Leave a comment

Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors on 30 Apr 2025

Posted on June 18 by ShadesOfKnife

A division bench of Supreme Court held that there was a violation of human rights on the part of the Police Inspector, who failed to register FIR and abused the mother of the complainant.

From Para 6,

6. The facts of this case, to say the least, are shocking. The third respondent visited the Police Station for lodging a complaint along with his parents. The complaint was handed over to a Sub-Inspector of Police who stated that since the transaction has taken place at three different places, he cannot accept the same and he could receive the same only after the Inspector of Police looks at it. He stated that the Inspector was not likely to come to the Police Station on that day. Therefore, he gave a cell phone number of the Inspector to the respondent. The third respondent’s mother on the same day tried to contact the present appellant who was the Inspector of Police. After talking to the third respondent’s mother, the appellant cut off the phone call. Therefore, as per the instructions received, the third respondent with his parents again visited the Police Station at 5.00 p.m. They were asked to wait till arrival of the appellant who was the Inspector of Police. Ultimately, he arrived at 8.30 p.m. Very objectionable language was used by the appellant while talking to the third respondent’s mother which is noted in paragraph (4) of the impugned judgment of the State Human Rights Commission.
7. All that the third respondent wanted is registration of FIR based on his complaint. Though law is well settled, the Sub-Inspector did not register the crime. The appellant being a senior officer ought to have immediately registered the FIR. However, not only he refused to do it but used very objectionable language, while talking to the third respondent’s mother.

Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors on 30 Apr 2025

Citations:

Other Sources:

 


The impugned Order of the Madras High Court is here.

Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors on 17 Aug 2022

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors Police Antics | Leave a comment

Pune Bar Association Vs Union of India on 22 May 2026

Posted on June 2 by ShadesOfKnife

A full bench of Supreme Court of India decided this issue, inconclusively.

Problem Statement, simply put is,

From Para 1,

1. Petitioner, Pune Bar Association, contends that Section 63(4) of Bharatiya Sakshya Adhiniyam, 20231, read with the Schedule thereto is unconstitutional as it imposes undue hardship on an ordinary litigant by requiring submission of a certificate prescribed in the Schedule comprising Part A which needs disclosure of the hash value of digital records, and Part B which must be signed by an expert. Ld. Counsel argues imposition of such pre-requisites for admissibility of electronic records is an extremely onerous obligation on a litigant and renders the provision manifestly arbitrary and unjust.

From Para 7,

7. If the two sub-sections are read harmoniously, it is possible to hold, in addition to entities notified as Examiner of Electronic Evidence under Section 79A, if the Court is satisfied, on the basis of unimpeachable material, that any other person has special skill and expertise in computer science and cyber forensics, opinion of such person may be held relevant as an expert with regard to electronic/digital record and such person may sign Part B of the Schedule as an expert. We are further fortified to make such observation as sub-section (2) of Section 39 (unlike 63(4) and erstwhile 65B) is not prefaced by a non-obstante clause so as to exclude the operation of sub-section (1) from the arena of electronic records. The High Court had deferred adjudication of such issue and directed the State to notify adequate number of persons under Section 79A. Under these circumstances, we hold that the finding of the High Court that Part B must be filled up by an expert notified under Section 79A of the IT Act shall not be treated as a binding precedent. As we are not inclined to admit the matter and issue notice upon the Union of India, we refrain from giving any conclusive opinion on this issue and keep the question of law open. With this clarification, the petition stands disposed of.

Pune Bar Association Vs Union of India on 22 May 2026

Citations: [2026 LiveLaw (SC) 551], [GIB-SC-2026-44]

Other Sources:

https://indiankanoon.org/doc/5836207/

https://taxguru.in/corporate-law/sc-upholds-section-634hash-requirement-ensures-authenticity-electronic-evidence.html

https://www.livelaw.in/top-stories/supreme-court-rejects-challenge-to-s634-bsa-mandating-hash-value-disclosure-for-electronic-evidence-535950

https://gstindia.biz/case-law/278/pune-bar-association-vs-union-of-india-and-others

https://www.lawweb.in/2026/05/section-634-bsa-supreme-court-clarifies.html


Index

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision BSA Sec 63 - Admissibility of electronic records Evidence Act 65B - Admissibility of electronic records Landmark Case Legal Procedure Explained - Interpretation of Statutes Pune Bar Association Vs Union of India Reportable Judgement or Order | Leave a comment

Parvinder Singh Khurana Vs Enforcement of Directorate on 19 May 2026

Posted on May 26 by ShadesOfKnife

A division bench of the Apex Court held that an accused must be given an opportunity of hearing under the first proviso to Section 223(1) of the BNSS, even where the prosecution complaint was filed before July 1, 2024. The Court clarified that non-compliance with this requirement makes the cognizance order void ab initio.

From Para 27,

27. Though Chapter XVI of the BNSS lays down the procedural law dealing with complaints made to a Magistrate, we hold that the aforesaid proviso is substantive in nature, as it does not merely regulate the manner in which the proceedings are to be conducted, rather it confers a right upon the accused to be heard before taking cognizance which forms a part of the right of an accused to a fair trial enshrined under Article 21 of the Constitution of India, 1950. We further hold that the word “shall” occurring in the said proviso has to be construed to be mandatory in nature, which enures to the benefit of an accused. Resultantly, cognizance of an offence taken by a Court without due compliance of the aforestated proviso would be void ab initio.

The Bench observed that the proviso grants a substantive right to the accused and is part of the guarantee of fair trial under Article 21 of the Constitution. It further held that the word “shall” in the proviso is mandatory in nature.

From Para 29,

29. A substantive right conferred under the BNSS would definitely enure to the benefit of an accused against whom none of the proceedings envisaged under Section 531(2)(a) of the BNSS has been initiated. One has to see the nature of right. It is not a case of either a retrospective or retroactive application, rather it is a prospective one when a better right has been conferred under the BNSS.

 

The Court also ruled that ministerial acts like numbering a complaint and posting it for cognizance do not amount to an “inquiry” under Section 2(1)(k) BNSS.

From Para 34,

34. A mere ministerial act cannot be termed as an “inquiry” under Section 2(1)(k) of the BNSS. Taking cognizance is nothing but an application of judicial mind. So long as the application of the judicial mind is not exercised, an inquiry cannot commence. It is the judicial notice of an offence by the Court which is relevant. While doing so, it is presumed that the Court would take note of the complaint along with the materials placed before it.

From Para 36,

36. As rightly held by this Court in Hardeep Singh (supra), even the stage of ensuring compliance with Sections 207 to 209 of the CrPC, 1973 cannot be termed as an inquiry because there is no application of judicial mind. In the facts of the instant case, the direction issued by the Special Court, vide order dated 24.06.2024, to number the complaint and, thereafter, post the matter on a future date for hearing on cognizance would certainly not come within the purview of an “inquiry” under Section 2(1)(k) of the BNSS. In such view of the matter, the aforestated contention raised by the learned ASG falls to the ground.

Parvinder Singh Vs Enforcement of Directorate on 19 May 2026

Citations: [2026 INSC 519]

Other Sources:

https://indiankanoon.org/doc/46844204/

https://www.casemine.com/judgement/in/6a0efbcf3da19f224cfa1ec5

https://www.verdictum.in/supreme-court/parvinder-singh-v-directorate-of-enforcement-2026-insc-519-pmla-complaints-filed-before-bnss-1614403

https://thelexpedia.com/judgements/parvinder-singh-v-directorate-of-enforcement-2026

Cognisance of Complaint under PMLA

 


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision BNSS 210 - Cognizance of Offences by Magistrate BNSS 223 - Examination of Complainant BNSS Sec 2(1)(k) - Definition of Inquiry Catena of Landmark Judgments Referred/Cited to Legal Procedure Explained - Interpretation of Statutes Parvinder Singh Khurana Vs Enforcement of Directorate | Leave a comment

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