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Showing posts with label Mental Element Of Crime (Mensrea). Show all posts
Showing posts with label Mental Element Of Crime (Mensrea). Show all posts
Saturday, 11 February 2017

Whether accused can be convicted for offence of abetment of suicide if prosecution has failed to prove mensrea for offence?

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The pith and purport of Section 306 IPC has since been enunciated by this Court in Randhir Singh vs. State of Punjab (2004)13 SCC 129,...
Thursday, 29 December 2016

When offence of S 504 of IPC is not made out?

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Section 504 of the IPC under which cognizance has been taken by the learned Chief Judicial Magistrate reads thus :- “504 . Intentional in...
Sunday, 6 November 2016

When filing of forged and fabricated document amounts to contempt of court?

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 A reference to standard textbooks on contempt, to wit, C.J. Miller's Contempt of Court; Oswald's Contempt of Court; and Anthony ...
Saturday, 11 June 2016

Whether bringing second wife amounts to cruelty on first wife within meaning of S 498A of IPC?

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There is one more allegation which, according to prosecution, is quite serious and which, if proved, would require consideration from ...
Sunday, 15 May 2016

When prosecution for abetment to commit suicide is liable to be quashed?

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The Apex Court observed thus: “27. This Court in Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) (2009) 16 SCC 605 had an occas...
Wednesday, 11 May 2016

What is difference between 'intention' and 'knowledge' in Murder trial?

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The ‘intention’ and ‘knowledge’ of the accused are subjective and invisible states of mind and their existence has to be gathered from...
Saturday, 30 April 2016

Whether offence of rape can be distinguished on the basis of the intention of accused?

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 In view of the increasing offences against the women especially of rape, the legislature and judiciary both found it obligatory to deal...
Wednesday, 10 February 2016

Whether prosecution has to prove wilful conduct and mensrea for proving offence U/S 498A of IPC?

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Smt. Sirpurkar, the learned counsel for the the appellants/accused further submitted that considering the facts and circumstances merel...
Monday, 4 May 2015

Issue of false certificate -when offence U/S 420 of IPC is not made out?

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Criminal - Conviction - Challenge thereto - Sections 177 and 420 of Indian Penal Code, 1860 - Present appeal filed against order whereby...
Friday, 1 May 2015

Whether accused can be prosecuted on the ground that deceased died due to high blood pressure due to abuses given by them?

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                When the deceased died naturally, the applicants  can not be prosecuted on the specious allegations that due to  the...
Thursday, 13 December 2012

Principles of criminal liability

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Characteristics of a crime Harm Brought about by Human Conduct Sovereign state desires to prevent it Measure for prevention includ...

Whether seeking Divorce on ground that wife is suffering from cancer amounts to cruelty attracting S 498A of IPC?

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 It has been held by this Court in C. Veerudu v. State of A.P. (1988) 2 Andh LT 171 : 1989 Cri LJ NOC 52 that even in respect of the ...

Basic ingredient of offence punishable u/s 498A of IPC

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1989 CRI. L.J. NOC 52 (ANDH.PRA.)  BHASKAR RAO,J. C. Veerudu and another, Appellants and State of Andhra Pradesh, Respondent. C...
Friday, 21 September 2012

Basic ingredients of offence punishable under s. 498A IPC

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"The basic purport of the statutory provision in Sec. 498A is to avoid `cruelty' which stands defined by attributing a specific ...
Tuesday, 7 February 2012

Good legal article on Mental Element Of Crime (Mensrea)

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One of the main characteristic of our legal system is that the individual's liability to punishment for crimes depends, among other t...