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Rash and Negligent Driving/Death by Negligence: Conductor Signal – Bus Driver not responsible

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In the case of Mohammad Hanif Jainum Khalifa v. The State of Karnataka (2026 INSC 565), the Supreme Court of India examined the criminal liability and alleged negligence of a state transport bus driver convicted under Sections 279 and 304A of the Indian Penal Code (IPC). The prosecution alleged that the driver negligently started the bus while a female passenger was disembarking, causing her to fall and sustain fatal head injuries. The Supreme Court closely analyzed the role of a bus conductor as the primary regulator of a passenger vehicle’s movement. Based on the uncontroverted testimony of the conductor (PW6), who confirmed that he had whistled to signal the driver to restart the bus after believing the passengers had safely alighted, the Court held that the driver was merely acting upon proper institutional signals. Since the driver depended on the conductor’s indications while focusing on driving safety, criminal rashness or negligence could not be attributed to him. Consequently, the Supreme Court set aside the concurrent findings of the lower courts and acquitted the appellant.

1. Context and Procedural History

  • The Trial Court: The appellant, a driver with the Karnataka State Road Transport Corporation (KSRTC), was tried by the 1st Addl. Civil Judge & JMFC, Athani. On December 26, 2015, the trial court convicted him under Sections 279 (rash driving) and 304A (causing death by negligence) of the IPC, and Section 134 read with Section 187 of the Motor Vehicles Act, 1988. He was sentenced to four months and six months of simple imprisonment for the respective IPC offences.
  • The Appellate Court: The VII Addl. District & Sessions Judge, Belagavi (sitting at Chikodi) dismissed the appellant’s appeal (Criminal Appeal No. 12 of 2016) and upheld the conviction and sentence.
  • The High Court Revision: The appellant approached the High Court of Karnataka (Dharwad Bench) via a Criminal Revision Petition. On March 25, 2025, the High Court partly allowed the petition. Applying the doctrine of merger, it set aside the separate four-month sentence under Section 279 but maintained the conviction and the six-month sentence under Section 304A of the IPC. The appellant subsequently filed an appeal before the Supreme Court.

2. Prosecution Case and Evidence

  • The Incident: On April 17, 2011, around 4:30 PM, the informant (PW1), his sister-in-law Shobha (the deceased), and her mother Housabai (PW4) were traveling on a KSRTC bus from Athani. They requested to get off near the Mallayya Temple.
  • The Accident: According to the informant and the mother, as Shobha was in the process of stepping off the bus, the appellant-driver moved the vehicle forward in a rash and negligent manner. This caused Shobha to fall, resulting in grievous head injuries that led to her death.
  • Corroborating Witnesses: The prosecution heavily relied on the testimonies of PW1, PW4, and an independent motorcyclist (PW5) who was riding behind the bus and witnessed Shobha fall.

3. Key Testimony of the Bus Conductor (PW6)

The Supreme Court highlighted that the turning point in the evidence was the deposition of the bus conductor, Kalludeppa Muthappa Batakurki (PW6):

  • In his examination-in-chief, the conductor explicitly stated that when the passengers requested to alight, he whistled to give the stop signal.
  • The driver stopped the bus, and passengers began getting down.
  • Crucially, the conductor testified: “And after the passengers got down from the bus, I have told to the accused to move the bus…”. He further stated that it was only after the driver restarted the bus upon his instruction that he heard passengers screaming and realized a woman had fallen.
  • This version of events remained completely intact and unchallenged during his cross-examination.

4. Legal Analysis and Operational Logic by the Supreme Court

Justice N.V. Anjaria, delivering the judgment, applied common operational knowledge regarding public transport mechanics to evaluate criminal negligence:

  • Role of the Conductor: In a passenger bus, the conductor is the designated person-in-charge who regulates the vehicle’s stopping and moving. The driver depends entirely on the conductor’s physical signals (whistles or bells) to know when passengers have safely finished boarding or alighting.
  • Driver’s Duty Concentration: A driver’s core focus and mental application must remain fixed on navigating the road and ensuring driving safety. They cannot simultaneously monitor the rear door steps while managing a large commercial vehicle.
  • Absence of Negligence: Since the conductor explicitly signaled the driver to proceed after mistakenly believing all passengers had disembarked, the driver was merely acting in accordance with standard rules and established indications. Therefore, the element of rashness or absolute negligence required to sustain a conviction under Sections 279 and 304A IPC was completely missing.

5. Conclusion and Final Order

The Supreme Court determined that the lower courts had failed to properly weigh the material impact of the conductor’s testimony when establishing the driver’s criminal culpability. Because the driver acted purely upon the conductor’s whistle to restart the vehicle, he could not be held responsible for the unfortunate accident.

The Supreme Court allowed the appeal, set aside the judgments of the Trial Court, Appellate Court, and High Court, and acquitted the appellant of all charges.

2026 INSC 565

Mohammad Hanif Jainum Khalifa V. State of Karnataka (D.O.J. 27.05.2026)

2026 INSC 565 click here to view full text of judgment

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Admissibility of Deceased Witness Testimony Against Absconding Accused

July 18, 2026 No Comments

Supreme Court allowed the appeals filed by the State of West Bengal, ruling that the deposition of a deceased witness recorded in an earlier trial is admissible in a subsequent trial against an absconding accused, provided the requirements of Section 299 of the Code of Criminal Procedure (CrPC) are met. The Court clarified that the provision serves to preserve evidence when an accused deliberately absconds, preventing them from benefiting from the unavailability of material witnesses due to the passage of time. The Court set aside the High Court’s order, which had denied the admission of the victim’s testimony, confirming that the statutory preconditions—the accused absconding and no immediate prospect of arrest—were satisfied at the time the witness deposed.

  • Background: In a 2012 gang-rape case, the respondent and another accused were absconding while three others were tried and convicted. The victim, a key witness, testified in the first trial but passed away in 2015. After the respondent was arrested in 2016, the prosecution sought to admit the victim’s earlier deposition as evidence under Section 33 of the Indian Evidence Act read with Section 299 of the CrPC.
  • High Court Order: The High Court of Calcutta had rejected the application, observing that the prosecution had a duty to obtain a specific direction from the Trial Court to record evidence against the absconder during the first trial, and thus the earlier deposition could not be used against the respondent.
  • Interpretation of Section 299 CrPC: The Supreme Court held that Section 299 CrPC acts as an exception to the general rule requiring a witness to be examined in the presence of the accused. It does not mandate a formal, prior order from a Magistrate to record that the accused is absconding; rather, what is relevant is whether the conditions—that the accused is absconding and there is no immediate prospect of arrest—were established at the time the evidence was recorded.
  • Preventing Misuse of Process: The Court reasoned that taking a restrictive view of Section 299 would jeopardize the criminal justice system by incentivizing accused persons to wilfully abscond and await the death or unavailability of material witnesses.
  • Application to Facts: The Court noted that the respondent was a declared absconder when the victim’s testimony was recorded (2013), and he remained at large until his arrest in 2016. As the two essential conditions of Section 299(1) were met, the deceased victim’s evidence is admissible in the trial against the respondent.

Legislative Continuity: The Court noted that the legislature has maintained this principle in Section 335 of the recently enacted Bharatiya Nagarik Suraksha Sanhita, 2023, reinforcing the intent to ensure evidence is preserved against those who evade trial.

2026 INSC 718

The State of West Bengal v. Kader Khan – (D.O.J. 17.07.2026)

2026 INSC 718 click here to view full text of judgment

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Insolvency and Bankruptcy: Finality of Resolution Plans and Extinguishment of Sub-judice Claims

July 18, 2026 No Comments

Supreme Court allowed the appeals filed by the Successful Resolution Applicant (Appellant-SRA), ruling that upon the approval of a Resolution Plan under the Insolvency and Bankruptcy Code, 2016 (IBC), all claims—including those pending adjudication (sub-judice)—that are not specifically provided for in the plan stand extinguished. The Court held that the “clean slate” doctrine is fundamental to the IBC, preventing unresolved or contingent claims from resurfacing and undermining the revival of the corporate debtor. Consequently, the Court set aside the High Court orders and dismissed the civil suit and arbitration proceedings initiated by operational creditors, affirming that they are bound by the terms of the approved Resolution Plan.

  • Background: The Appellant-SRA challenged Bombay High Court orders that allowed a civil recovery suit and arbitration proceedings to continue against the corporate debtor (Bhushan Steel Limited) despite the approval of its Resolution Plan. The respondents, operational creditors, sought to pursue claims that were pending at the time of the Corporate Insolvency Resolution Process (CIRP).
  • Treatment of Claims: During the CIRP, the Resolution Professional admitted the respondents’ disputed claims at a notional value of Rupee One (1) each. The approved Resolution Plan stipulated that because the liquidation value was NIL, no amounts were due to operational creditors; however, a settlement fund was provided for those with admitted claims.
  • The “Clean Slate” Doctrine: The Court emphasized that a successful resolution applicant must start on a “clean slate,” free from “hydra-headed” surprise claims. Once a Resolution Plan is approved under Section 31(1) of the IBC, it becomes binding on all stakeholders, and claims not incorporated therein are deemed extinguished, withdrawn, or abated.
  • Finality of the Plan: The Court noted that the Final List of Creditors attained finality, and the respondents could not seek to reopen or question the commercial wisdom of the Committee of Creditors after the plan’s approval. The Court found no merit in the allegations of fraud, noting that no proceedings had been initiated under Rule 11 of the NCLT Rules to challenge the plan’s integrity.
  • No Express Carve-out: Upon a harmonious reading of the Resolution Plan, the Court concluded there was no express “carve-out” protecting sub-judice claims from extinguishment. The plan explicitly mandated that all legal proceedings relating to the period prior to the effective date stand extinguished, except to the extent of the specific settlement amount provided.
  • Observation on MSMEs: In an “Afterword,” the Court observed that the current insolvency framework does not adequately account for the position of small operational creditors and MSMEs, who are often placed at the bottom of the repayment waterfall. The Court suggested that the Legislature and Law Commission examine this to ensure a more balanced repayment mechanism.
  • Outcome: The Court allowed the appeals, set aside the contrary High Court orders, and dismissed the pending civil suit and arbitration proceedings, enforcing the finality of the Resolution Plan.

2026 INSC 717

M/S Tata Steel Ltd. v. Varsha & Anr. (D.O.J. 17.07.2026)

2026 INSC 717 click here to view full text of judgment

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Excluding Nominated Members from Local Authority Elections

July 18, 2026 No Comments

The Supreme Court upheld the High Court of Karnataka’s decision to exclude nominated members of Town Panchayats from participating in Legislative Council elections for Local Authorities’ Constituencies. The Court ruled that under the constitutional framework established by the 74th Amendment (Part IX-A), nominated members, who serve only in an advisory capacity, lack the democratic mandate of elected representatives. Consequently, their inclusion in the electoral roll was declared unconstitutional, and the Court affirmed the direction to conduct a recount of votes after segregating the invalid votes cast by these nominated members.

  • Background: The election to the Karnataka Legislative Council (Chikkamagaluru Local Authorities Constituency) was challenged because 12 nominated members from four Town Panchayats were included in the electoral roll and participated in the voting. The appellant, who won by a narrow margin of 6 votes, contended that the electoral roll’s finality should be respected.
  • Constitutional Interpretation: The Court held that while Article 171(3)(a) mentions “members” of local authorities, this must be interpreted through the lens of the 74th Constitutional Amendment. Article 243-R establishes that while nominated members may be appointed for their expertise, they are expressly barred from voting in municipal meetings, underscoring their advisory rather than representative role.
  • Democratic Representation: The Supreme Court emphasized that allowing nominated members to vote in Legislative Council elections would undermine the democratic nature of the electoral process, as they are not democratically elected. The Court affirmed that “members” in the context of electoral colleges refers to democratically elected representatives.
  • Finality of Electoral Rolls: While acknowledging the principle that electoral rolls typically attain finality, the Court distinguished this case by noting that the inclusion of the nominated members was void ab initio and unconstitutional. Therefore, the finality of the roll could not be used to validate an illegality that strikes at the core of the electoral college’s composition.
  • Secrecy of the Ballot: The Court rejected the argument that segregating these votes would violate the secrecy of the ballot. It maintained that the higher constitutional goal of preserving free and fair elections and ensuring the purity of the electoral process outweighs the requirement for absolute secrecy in this specific context.
  • Outcome: The Supreme Court dismissed the appeals and affirmed the High Court’s orders. The Court directed the authorities to proceed with the consequential actions based on the recount results already obtained, ensuring that the election outcome reflects only the valid votes cast by elected representatives.

2026 INSC 716

Pranesh M.K. v. Shanthegowda & Ors. – (D.O.J. 16.07.2026)

2026 INSC 716 click here to view full text of judgment

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Railway: Establishing Liability in Untoward Railway Incidents

July 18, 2026 No Comments

The Supreme Court set aside the concurrent dismissal of a compensation claim by the Railway Claims Tribunal and the High Court of Madhya Pradesh. The Court held that when a passenger dies in an “untoward incident” (falling from a running train), the absence of a recovered ticket does not automatically negate the status of a bona fide passenger. Emphasizing the “no-fault liability” principle under Section 124A of the Railways Act, 1989, the Court ruled that once the claimant establishes the foundational facts through an affidavit, the burden shifts to the Railways. Technical lapses and the inability to recover personal belongings should not defeat the humanitarian and welfare objectives of the legislation.

  • Background: The appellant filed a claim for compensation following the death of her husband, who fell from a running train while traveling from Raipur to Ahmedabad. The Railway Claims Tribunal and the High Court previously rejected the claim, citing a lack of proof regarding the deceased being a bona fide passenger (specifically due to the missing ticket).
  • Legal Principle (No-Fault Liability): The Court reiterated that Section 124A of the 1989 Act is a beneficial, “no-fault” provision. It is designed to provide expeditious relief to victims of untoward incidents without requiring proof of negligence by the Railway Administration.
  • Burden of Proof: Relying on Union of India v. Rina Devi and Doli Rani Saha v. Union of India, the Court clarified that:
    • The mere absence of a ticket does not disprove that a person was a bona fide
    • The initial burden is on the claimant, which is sufficiently discharged by filing an affidavit stating the facts.
    • Once this is done, the burden shifts to the Railways to disprove the claim based on attending circumstances.
  • Operational Concerns: The Court highlighted the critical issue of chronic overcrowding in Indian Railways. It noted that while the Railway Manuals contain detailed safety and ticketing protocols, the execution often fails. The Court suggested that Railways should increase manpower to better manage safety and ticketing, which could simultaneously reduce such tragedies and provide employment.
  • Constitutional Perspective: The Court observed that using terms like “second class passenger” is outdated and potentially offensive to the spirit of the Constitution of India; it suggested that class designations should refer to the “coach” rather than the “passenger.”

Decision: The Supreme Court allowed the appeal and set aside the lower court judgments. It ordered the Railways to pay compensation of ₹8,00,000 to the appellant within four weeks, failing which the amount would attract interest at 8% from the date of the original claim filing.

2026 INSC 715

Lata v. Union of India & Anr. – (D.O.J. 17.07.2026)

2026 INSC 715 click here to view full text of judgment

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