ValkyaEditorial

Tagged “ipc”

8 articles on ipc.

Supreme CourtSupreme Court of India

Machhi Singh v. State of Punjab (1983): structuring the 'rarest of rare' death-penalty doctrine

Three years after Bachan Singh restricted the death penalty to the 'rarest of rare' cases, a three-judge Bench in Machhi Singh gave that open-textured standard a working structure — five categories of circumstance and a 'balance sheet' method for weighing aggravating against mitigating factors. A digest of the facts, the framework, and the doctrine's contested later trajectory.

Valkya Editorial··8 min
Supreme CourtSupreme Court of India

K.M. Nanavati v. State of Maharashtra (1961): grave and sudden provocation, and the case that ended India's jury trials

A naval officer shot his wife's lover and asked the Supreme Court to call it culpable homicide, not murder. In 1961 the Court refused — the gap between the provocation and the killing was time enough for passion to cool. A digest of the cooling-off test under Exception 1 to s.300 IPC and the trial that helped end the jury in India.

Valkya Editorial··7 min
Supreme CourtSupreme Court of India

Ashwini Kumar Upadhyay v. Union of India: dismissing the hate-speech batch

On 29 April 2026, a two-judge bench dismissed thirteen writs, two SLPs and eight contempts in the long-running hate-speech batch, holding that constitutional courts cannot create criminal offences, that no legislative vacuum exists in the IPC/BNS framework, and that police failure to register a suo motu FIR is not, by itself, contempt.

Valkya Editorial··9 min
Supreme CourtSupreme Court of India

Navtej Singh Johar v. Union of India: the unanimous decriminalisation of consensual same-sex conduct

On 6 September 2018, a five-judge Constitution Bench unanimously read down Section 377 of the Indian Penal Code in so far as it criminalised consensual sexual conduct between adults. The judgment overruled Suresh Kumar Koushal (2013), deployed the Puttaswamy privacy framework, and supplied four substantial concurring opinions on dignity, equality and constitutional morality. A digest of the holding, the reasoning, and the doctrinal lineage.

Valkya Editorial··10 min
Supreme CourtSupreme Court of India

Joseph Shine v. Union of India: the unanimous striking down of Section 497 IPC

On 27 September 2018 — three weeks after Navtej Singh Johar — a five-judge Constitution Bench unanimously struck down Section 497 IPC, the colonial-era adultery provision that had treated the wife as the husband's property and the consenting adulterer as a thief of marital chastity. Four concurring opinions deployed the dignity and equality framework to dismantle a provision that had survived more than a century and a half of constitutional silence. A digest of the holding, the doctrinal architecture, and the relationship with the BNS framework.

Valkya Editorial··10 min