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Showing posts with label IPC. Show all posts
Showing posts with label IPC. Show all posts
Sunday, 3 July 2022

Can S 4 and 5 of CRPC be applied to prosecution under IPC?

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  Sections 4 and 5 Cr.P.C. read as follows:- "4 Cr.P.C. Trial of offences under the Indian Penal Code and other laws.- (1) All offences...
Thursday, 7 April 2022

Whether on the same facts, the accused can be prosecuted twice, once under IPC and subsequently under the food safety Act?

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In Hat Singh's3 case this Court discussed the doctrine of double jeopardy and Section 26 of the General Clauses Act to observe that pros...
Wednesday, 26 January 2022

Whether police can file chargesheet against accused under Penal Code if he is found in possession of Guthkha?

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  There is no force in both the aforesaid submissions made for the applicant. This point was considered by the Apex Court in Criminal Applic...
Friday, 17 September 2021

Section 229A of IPC providing punishment for breach of bail condition of appearance before court is removed in BNSS 2023

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  Central Government Act Section 229A in The Indian Penal Code 233  [ 229A. Failure by person released on bail or bond to appear in Court .—...
Sunday, 17 January 2021

Whether a consensual affair can be a defence against the charge of kidnapping a minor?

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A perusal of Section 361 of IPC shows that it is necessary that there be an act of enticing or taking, in addition to establishing the  chil...
Thursday, 17 September 2020

Whether not working country-made pistol is a deadly weapon for S 398 of IPC?

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  The next issue to be examined is whether the country made pistol (katta) can be termed as a “deadly weapon” as contemplated  under Section...

Madras HC: Precaution to be taken by the magistrate before committal of accused of unsound mind to session court

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While so, the police completed the investigation and filed a final report in P.R.C.No.15 of 2017 against Kaliyappan for the offence und...
Thursday, 13 August 2020

Whether court should quash second FIR if it is based same facts with additional sections under IPC?

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The Respondent then filed an application Under Section 156(3) Code of Criminal Procedure which was forwarded by the Magistrate to the poli...
Friday, 31 July 2020

Supreme Court: Prosecution of accused for an offence under IPC can continue even if sanction for prosecution under Prevention of Corruption Act is not forthcoming

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We decline to deviate from the view taken by the High Court that the charge against the petitioner for offence punishable under the In...
Monday, 4 May 2020

Important Notes on Indian Penal Code

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1) Notes on S 34 and S149 IPC- Principle of constructive liability https://www.lawweb.in/2018/08/notes-on-s-34-and-s-149-ipc-principle...
Sunday, 19 January 2020

Whether Investigation In IPC Offences Can Be Quashed For Non Investigation Of SC-ST Offences By Competent Police Officer?

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Undisputedly, in the instant case, the respondents were charged under Sections 302/34, 404/34 IPC apart from Section 3(2)(v) of the Ac...
Tuesday, 31 December 2019

Calcutta HC: Knowledge of commission of dacoity is necessary to attract penal liability for harbouring dacoits U/S. 216-A IPC

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There is no evidence on record that the appellant was aware that they were planning to commit dacoity in the convent. Raucous and unbridl...
Saturday, 30 November 2019

Basic concept of fraction of life imprisonment

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Section 57 in The Indian Penal Code 57. Fractions of terms of punishment.—In calculating fractions of terms of punishment,  56  [impriso...
Monday, 16 September 2019

Whether Section 3 of the Legal Metrology Act bars prosecution of accused for offences under IPC?

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In the light of principles laid down, we find that Section 3 of the Act completely overrides the provisions of Chapter XIII of Indian Pena...
Monday, 12 August 2019

Whether person committing theft of electricity can be prosecuted under provisions of IPC?

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 Sections 378 and 379 IPC deal with the theft of movable property. Electricity is energy and not property. There is no provision in the IP...
Thursday, 20 September 2018

SC: Prosecution under IPC can be initiated in case of food safety violation

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 The High Court is clearly wrong in holding that action can be initiated against defaulters only under Section 55 of FSS Act or proceedin...
Sunday, 26 August 2018

Notes on offence of Forgery

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Forgery(S 463 of IPC){S 336(1) of BNS} Whoever makes any false document or a false electronic record or part of a document or electronic...
Sunday, 19 August 2018

Whether complainant can approach police in cheque dishonour case?

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 The NI Act provides for the procedure for filing a complaint under Section 138 of the NI Act. The object behind such proceedings is to br...
Sunday, 29 July 2018

Whether accused can be convicted with aid of S 34 of IPC if it is not possible to convict him U/S 149 of IPC?

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There cannot be any quarrel about the law laid down in the aforesaid judgments where subtle distinction is drawn between Section 34 and Se...
Sunday, 1 July 2018

Maharashtra amendment to CRPC and IPC 2018

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https://drive.google.com/file/d/1gK3XIEqCpY-GFBIwjPhJUJ5FZkd-auQR/view?usp=sharing