Indian penal court sections. Section 397 of Indian Penal Code, 1860 2019-01-07

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Sections 498A and 406 of the Indian Penal Code = The allegations contained in the complaint and the charge sheet do not satisfy the definition of criminal breach of trust, as contained in Section 405 of the I.P.C. In view of the blurred allegations, and as we find that the complainant is only citing the incidents of unhappiness with her husband, no useful purpose will be served in continuing the prosecution against the appellants.= The record also does not disclose anywhere that the husband of the complainant acted, with a view to coerce her or any person related to her to meet any unlawful demand of any property or valuable security. The ingredients of criminal breach of trust are also not forthcoming from the records as against the appellants. where there is a total absence of allegations for the offences punishable under Section 498A and Section 406 of the I.P.C. In the matter on hand, the allegations made in the First Information Report as well as the material collected during the investigation, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute the offences punishable under Section 498A and 406 of the IPC against the accused/appellants. So also the uncontroverted allegations found against the appellants do not disclose the commission of the offence alleged and make out a case against the accused. The proceedings initiated against the appellants are liable to be quashed.

indian penal court sections

Act not intended and not known to be likely to cause death or grievous hurt, done by consent:Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. And I hereby direct that you be tried by this Court on the said charge. And I hereby direct that you be tried by this Court on the said charge. And I hereby direct that you be tried by this Court on the said charge. A administers the poison, Z dies in consequence. And I hereby direct that you be tried by this Court on the said charge.

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Indian Penal Code, IPC 1860 Bare Act [PDF Downloadble]

indian penal court sections

And I hereby direct that you be tried by this Court on the said charge. Offence committed in place of worship, etc. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. Resistance or obstruction by a person to his lawful appre­hension. And I hereby direct that you be tried by this Court on the said charge. Illustration A instigates B to murder Z.

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Section 377 Of The Indian Penal Code: All You Need To Know

indian penal court sections

Criminal breach of trust by clerk or servant:Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. A cheque upon a banker is a document. Imprisonment for life may be awarded under sections 121, 121-A, 122, 124-A, 125, 128, 130, 131, 132, 194, 195, 195-A, 222, 225, 232, 238, 255, 302, 304, 305, 307, 311, 313, 314, 326, 329, 364, 364-A, 371, 376, 377, 388, 389, 394, 396, 400. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. On 12 June 2009, India's new law minister Veerappa Moily agreed that Section 377 might be outdated.

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भारतीय दण्ड संहिता की धाराएं

indian penal court sections

Import or export of counterfeit coin. Punishment for voluntarily causing hurt:Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. And I hereby direct that you be tried by this Court on the said charge. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C. January 28, 2019 0 Comment As can be seen, the section prescribes a minimum mandatory sentence of imprisonment for seven years. A person is said to lose wrong­fully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. Persons subject to certain Acts.


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IPC (Indian penal code), 1860 the main penal code of India

indian penal court sections

The entire story narrated by the complainant does not attract the afore-mentioned provisions, as there has not been any dowry demand of the appellants or harassment to the second respondent. Concealing design to commit offence punishable with impris­onment. A lashes Z's horses, and thereby causes them to quicken their pace. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment. A administers the poison; Z dies in consequence.


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Section 53 of Indian Penal Code, 1860

indian penal court sections

Eventually, in a historic judgement delivered on 2 July 2009, Delhi High Court overturned the 150-year-old section, legalising consensual homosexual activities between adults. Making or selling false weight or measure:Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. . Disturbing religious assembly:Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 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. Here A has by an illegal omission concealed the existence of B's design, and is liable to punishment according to the provision of this section.

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Sections 498A and 406 of the Indian Penal Code = The allegations contained in the complaint and the charge sheet do not satisfy the definition of criminal breach of trust, as contained in Section 405 of the I.P.C. In view of the blurred allegations, and as we find that the complainant is only citing the incidents of unhappiness with her husband, no useful purpose will be served in continuing the prosecution against the appellants.= The record also does not disclose anywhere that the husband of the complainant acted, with a view to coerce her or any person related to her to meet any unlawful demand of any property or valuable security. The ingredients of criminal breach of trust are also not forthcoming from the records as against the appellants. where there is a total absence of allegations for the offences punishable under Section 498A and Section 406 of the I.P.C. In the matter on hand, the allegations made in the First Information Report as well as the material collected during the investigation, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute the offences punishable under Section 498A and 406 of the IPC against the accused/appellants. So also the uncontroverted allegations found against the appellants do not disclose the commission of the offence alleged and make out a case against the accused. The proceedings initiated against the appellants are liable to be quashed.

indian penal court sections

Accident in doing a lawful act:Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Forfeiture of property The Indian Penal Code provides the punishment of forfeiture of specific property for offences under sections 126, 127, 169 and 263-A of the Code. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. Illustrations Punishment for assault or criminal force otherwise than on grave provocation. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z to death. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. C has therefore committed the offence defined in this section and is liable to the punishment for murder.

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Sections 498A and 406 of the Indian Penal Code = The allegations contained in the complaint and the charge sheet do not satisfy the definition of criminal breach of trust, as contained in Section 405 of the I.P.C. In view of the blurred allegations, and as we find that the complainant is only citing the incidents of unhappiness with her husband, no useful purpose will be served in continuing the prosecution against the appellants.= The record also does not disclose anywhere that the husband of the complainant acted, with a view to coerce her or any person related to her to meet any unlawful demand of any property or valuable security. The ingredients of criminal breach of trust are also not forthcoming from the records as against the appellants. where there is a total absence of allegations for the offences punishable under Section 498A and Section 406 of the I.P.C. In the matter on hand, the allegations made in the First Information Report as well as the material collected during the investigation, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute the offences punishable under Section 498A and 406 of the IPC against the accused/appellants. So also the uncontroverted allegations found against the appellants do not disclose the commission of the offence alleged and make out a case against the accused. The proceedings initiated against the appellants are liable to be quashed.

indian penal court sections

Illegal purchase or bid for property offered for sale by authority of public servant:Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. Illustration A instigates B to resist by force a distress made by a public servant. A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse. A has com­mitted the offence defined in this section. A, not intending Z's death, but in good faith, for Z's benefit, performs the trepan before Z recovers his power of judging for himself.

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