The State Bank of India & Others. Versus P. Soupramaniane

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 7011 of 2009, Judgment Date: Apr 26, 2019

Meaning of crime involving moral turpitude- There can be no manner of doubt about certain offences which can straightaway be termed as involvin gmoral turpitude e.g. offences under the Prevention ofCorruption of Act, NDPS Act, etc. The question that arises for our consideration in this case is whether an offence involving bodily injury can be categorized as a crime involving moral turpitude. In this case, we are concerned with an assault.. It is very difficult to state that every assault is not an offence involving moral turpitude.A simple assault is different from an aggravated assault. All cases of assault or simple hurt cannot be categorized as crimes involving moral turpitude. On the other hand, the use of a dangerous weapon which can cause the death of the victim may may result in an offence involving moral turpitude. In the instant case, there was no motive for the Respondent to cause the death of the victims. The criminal courts below found that the injuries caused to the victims were simple in nature. On an overall consideration of the facts of this case, we are of the opinion that the crime committed by the Respondent does not involve moral turpitude. As the Respondent is not guilty of an offence involving moral turpitude, he is not liable to be discharged from service.

The State Bank of India & Others. Versus P. Soupramaniane