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december 1967

Supreme Court of India · 1967-12-05

BHANWAR SINGH & ANR. vs STATE OF RAJASTHAN

Citation / case number
SC 1967/93
Court
Supreme Court of India
Petitioner
BHANWAR SINGH & ANR.
Respondent
STATE OF RAJASTHAN
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that a joint trial for offences under Sections 120-B, 467, and 420 IPC is valid even if some charges require sanction under Section 196-A(2) of the Code of Criminal Procedure, provided the main object of the conspiracy is to commit an offence that does not require such sanction. The Court clarified that the object of the conspiracy determines the necessity of sanction, and in this case, the object was to cheat, which falls under Section 420 IPC. Therefore, the trial was upheld as legal despite the absence of sanction for the non-cognizable offences.

BHANWAR SINGH & ANR. vs STATE OF RAJASTHAN · Niyam