It has been written by Maithreyi Kannan Arayapakkam, a first-year law student of Sastra Deemed University.

Introduction:

The Indian Penal Code is one of the oldest laws in the country that has been in force since the time of the British. It was introduced in 1860 and came into force in 1862. Since then not a lot of changes have been made to the Act in the way of major amendments. The field of criminal law is a constantly changing one that has evolved a lot since 1860. The judiciary has been able to keep up with changing circumstances through the various cases that come up from time to time. These cases helped in pointing out the numerous flaws and inadequacies in the system and in ensuring that the law kept up with current situations and needs. The following are a few of the cases that changed the field of criminal law.

1.Mahbub Shah v. Emperor

The case of Mahbub Shah v. Emperor is a famous historical case that helped in providing a distinction between common intent and similar intent. The facts of the case are as follows: The accused,one Mahbub Shah and Wali Shah came running to help with guns in hand, after hearing shouts of help from a person Ghulam Shah, and accosted some trespassers. While the trespassers were trying to escape they shot at them thereby killing one and grievously injuring the other. Although the facts of the case do not involve much controversy it was still the first case to state the difference between common intention and same intention.

Same intention refers to the similar intention two parties have but without a prearranged plan and common understanding. On the other hand common intention, as given under Section 34 of IPC, refers to the planned act that results in the same liability as if the act was done alone. The main difference between the two is the impact on consequence. Same intention will result in a lesser liability than common intention.

2. K.M.Nanavati v. State of Maharashtra

The case of K.M.Nanavati is an immensely popular one whose judgement resulted in a significant impact being made to the criminal justice system. It was after this case that jury trials were abolished in India. K.M.Nanavati was a naval officer who killed the man who was having an affair with his wife. He proceeded to willingly give himself up to the police. The jury acquitted him with a 8:1 vote even though there was tons of evidence against him. The case gained wide media coverage and became a huge controversy due to the impartiality and media influence that acted in his favour. As a result after his trial the concept of jury trials was abolished in India.

3. Arnesh Kumar v. State of Bihar

This case was a landmark judgement given by the Supreme Court in the year 2014. It dealt with cruelty in marriage and section 498A of IPC. Section 498A of IPC states that any person,be it the husband or relative of the husband, will be imprisoned if they subject a woman to cruelty. The Supreme Court decided to intervene as multiple cases were being filed in the country under this section. In this particular case the true facts came to light and it was evident that the wife was filing false charges against her husband. Seeing the rising number of similar cases the Court decided to issue guidelines to police stations regarding the manner and diligence with which such cases should be handled.

4. Shakti Vahini v. Union Of India

This particular case majorly changed both the legal rules related to marriage as well as the society’s outlook on marriage. This case came to the light of the public as it involved various honour killings that took place in various parts of North India. A group of village elders would gather together and kill girls who were raped,lost their virginity before marriage,got into illegal relationships and various other similar instances in the name of upholding honour,name and prestige. The main issue that came forth in this case was whether people had the right to marry under Article 19 and 21 of the Constitution.Another issue arose on whether village panchayats had the power to commit such killings. The Court held that the right to marriage is a fundamental right given under Article 19 and 21 of the Constitution and that no one can interfere in between two consenting adults who wish to marry. This case helped in overcoming the age old notion of honour killings and criminalising such acts. This resulted in a drastic decrease in such acts being committed.

Conclusion:

Case laws ensure that although an act cannot be easily replaced, justice is still maintained in the country. Until the recent BNS,2023 the criminal laws in the country did not undergo any major changes. It is cases like these that revolutionised the industry and ensured that the law and society were able to keep up with the ever changing times and current global scenarios.


REFERENCES:

1. Lawbhoomi,’Mahboob Shah vs Emperor’(Lawbhoomi, May 17, 2024)<https://lawbhoomi.com/mahboob-shah-vs-emperor/>accessed July 25 2024)

2. textbook.com, ‘K.M. Nanavati v. State of Maharashtra’(Textbook, July 16 2024) <https://testbook.com/landmark-judgements/arnesh-kumar-vs-state-of-bihar/> (last visited July 27,2024)

3. textbook.com, ‘Arnesh Kumar vs State of Bihar’(Textbook, July 16 2024) <https://testbook.com/landmark-judgements/arnesh-kumar-vs-state-of-bihar/> (last visited July 29,2024)

4. indiankanoon.org, ‘Shakti Vahini vs Union Of India’ (Indian Kanoon, 27 March 2018)https://indiankanoon.org/doc/92846055/ (last visited July 26,2024)