Hari Singh Gour, Indian Penal Code, 14 th Edition Disclaimer: This document is intended to provide information only. Disobedience to order duly promulgated by public servant. New offences for possession Section 6 and the making or supplying of Section 7 articles for use in fraud, are also included in the Act. The burden of establishing the plea of self-defence is on the accused and the burden stands discharged by showing preponderance of probabilities in favour of that plea on the basis of the material on record; Rizan v. Section 304B applies not only when death is caused by her husband or in-laws but also when death occurs unnaturally whoever might have caused it. To avenge they entered into a conspiracy to kill Mrs. He is guilty of an offence under this section.
Explanation The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section. Threat of injury to induce person to refrain from applying for protection to public servant. Such a case will be a case of sudden fight and conflict and has to be dealt with under Exception 4 to section 300 of the Code; Januram v. But does breaking up social promises amounts to cheating? Later if the horse turns out to be unsound, B will be guilty of fraud. The Court held that one of the injuries inflicted by the appellant was on a vital part of the body of the deceased whom the appellant had no intention to kill, at the same time though he had no intention to kill, the appellant must have known that he was inflicting such bodily injuries as were likely to cause death as a consequence of which death did happen.
Punishment On considering special facts of the case, i. . Public servant disobeying law, with intent to cause injury to any person. Illustrations a A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. Here Z has caused change of motion to Z by inducing the animals to change their motion. Neither the head of the law department nor the university authorities made proper scrutiny to discover the truth.
Punishment is imprisonment upto 2 years with or without fine and it is a bailable offence. As soon as the bullock begins to move, A has committed theft of the treasure. Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. Punishment for cheating by personation Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. It stunned the whole nation. Here Z, by attacking A under this misconception, commits no offence. The Act extends to the whole of India and except as otherwise provided, it also applies to any offence or contravention there under committed outside India by any person.
The Supreme Court held that no ground for quashing the charge was made out; Nem Chand v. This was held to be cheating. There are two classes of acts which the person deceived may be induced to do. Using as true a certificate known to be false Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. Right of private defence against the act of a person of unsound mind, etc.
State of Andhra Pradesh, 1997 4 Supreme 214. A has committed the offence defined in this section. Explanation It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence. Causing disappearance of evidence of offence, or giving false information to screen offender.
It will cover benami transactions. Sections 225A and 225B subs. Robbery, or dacoity, with attempt to cause death or grievous hurt. Words referring to acts include illegal omissions In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions. Being hired to take part in an unlawful assembly or riot Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in Section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both, or to go armed. Fraudulently obtaining decree for sum not due Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. It is the mental act of fraudulent misappropriation that distinguishes an embezzlement, amounting to a civil wrong or tort, from the offence of criminal breach of trust.
Section 424: Dishonest or fraudulent removal or concealment of property. Illustration A finds a Government promissory note belonging to Z, bearing a blank endorsement. If common intention is proved but no overt act is attributed to the individual accused, section 34 will be attracted as essentially it involves vicarious liability but if participation of the accused in the crime is proved and common intention is absent, section 34 cannot be invoked; Jai Bhagwan v. Explanation 4 A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. Benefit of doubt When ocular evidence in murder case is unreliable benefit of doubt to be given to all accused; Chandu Bhai Shana Bhai Parmar v.