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Showing posts with label
S 353 of IPC
.
Show all posts
Showing posts with label
S 353 of IPC
.
Show all posts
Sunday, 4 January 2026
Karnataka HC: How to prove that particular police officer was appointed as investigating officer in particular case?
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As per Rule 7 of SC/ST (Prevention of Atrocities) Act, 1989, an offence committed under the Act shall be investigated by a Police officer ...
Karnataka HC: How to appreciate prosecution evidence U/S 353 of IPC regarding performance of official duty by public servant?
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As per Rule 7 of SC/ST (Prevention of Atrocities) Act, 1989, an offence committed under the Act shall be investigated by a Police officer n...
Wednesday, 30 October 2024
Supreme Court: Shouting and threatening public servant does not amount to assault punishable U/S 353 of IPC
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It is on the basis of the above complaint that an FIR has been lodged against the appellant. However, the only allegation against the appe...
Sunday, 22 September 2024
What facts are to be proved for convicting an accused for an offence U/S 353 of IPC?
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To convict an accused under Section 353 of the Indian Penal Code (IPC), which pertains to assault or criminal force against a public servan...
Bombay HC: Accused intimidating public servant by threatening to defame him on social media site as well as engineering artificial protest falls with scope of criminal force as used in S 353 of IPC.
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Mr. Thobde contends that, the allegations in the F.I.R. do not make out any case for trial and that they are inherently improbable. He submi...
Under which circumstances the court can not convict accused based on her dock identification in absence of prior test identification parade?
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Undisputedly, the test identification parade was not conducted, after the arrest of the appellant, in this crime. The police officials ident...
Supreme Court: Jostling & Pushing To Wriggle Out Of Arrest Didn't Amount to Criminal Use Of Force for Convicting accused U/S 353 IPC
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Having considered the oral evidence and the medical evidence, we are constrained to conclude that the prosecution has not established that t...
Whether the court can convict an accused for an offence U/S 353 and S 332 of IPC if prosecution fails to prove that assault has link with discharge of duty by public servant?
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In the present case also it is seen that the complainant was questioned with regards to some complaint lodged by him against the accused. T...
Thursday, 25 April 2024
When prosecution U/ S 353 of IPC is liable to be quashed?
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A plain reading of this provision indicates that first and foremost requirement for attracting rigour of this provision is that the public s...
Friday, 24 July 2020
Whether court can convict accused of an offence U/S 353 of IPC on same facts if prosecution of accused U/S 186 of IPC is barred by S 195 of CRPC?
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In Satis Chandra Chakravarti v. Ram Dayal De MANU/WB/0191/1920 : 24 C.W.N. 982 it was held by Full Bench of the Calcutta High Court that w...
Supreme Court: Distinction between offence U/S 353 of IPC and S 186 of IPC
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It is true that most of the allegations in this case upon which the charge under s. 353, Indian Penal Code is based are the same as those ...
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