CASE DETAILS v. STATE OF CHHATTISGARH
Case at a glance
Outcome
Disposed of
The appeal stands disposed of as above
Provisions considered
- Indian Penal Code, 1860 ss. 34, 53, 120B, 409, 420
- Code of Criminal Procedure, 1973 ss. 3(1)(c), 12, 26, 28, 29, 29(1), 31, 173(2), 300(1), 323, 325; ch. III, XIX, XVIII, XX
- Prize Chits and Money Circulation Schemes (Banning) Act, 1978
- Negotiable Instruments Act, 1881 s. 138
- Constitution of India art. 21
Judgment
Code of Criminal Procedure, 1973 – First Schedule to CrPC, surveyed – Court of competence in the hierarchy of Courts empowered to try a particular off ence where imprisonment for life or imprisonment for 10 years and fi ne is prescribed: Held : Barring very few off ences including s.409, IPC, in all cases, where the off ence concerned is punishable with imprisonment for life or imprisonment for 10 years and fi ne, the First Schedule to Cr. PC provides the Court competent to try such off ences as “Court of Session” – Barring some exceptions, it is essentially the severity of the punishment imposable and severe nature of the off ence that acts as the decisive factor in the matter of fi xing the forum in the hierarchy of Courts, for trying the diff erent off ences. [Paras 21, 24] 438 SUPREME COURT REPORTS [2023] 16 S.C.R. LIST OF CITATIONS AND OTHER REFERENCES Maneka Gandhi v. Union of India, AIR (1978) SC 597: [1978] 2 SCR 621; Abdul Rehman Antulay v. R.S. Nayak, AIR (1992) SC 1701: [1991] 3 Suppl. SCR 325; Budhan Choudhry v. State of Bihar, AIR (1955) SC 191: [1955] 1 SCR 1045 – followed.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal stands disposed of as above
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 53, 120B, 409, 420; Code of Criminal Procedure, 1973 — ss. 3(1)(c), 12, 26, 28, 29, 29(1), 31, 173(2), 300(1), 323, 325; Code of Criminal Procedure, 1973 — ch. III, XIX, XVIII, XX; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Negotiable Instruments Act, 1881 — s. 138; Constitution of India — art. 21.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.