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Showing posts with label mens rea. Show all posts
Showing posts with label mens rea. Show all posts
Tuesday, 26 May 2026

Not Every Fracture Is ‘Attempt to Murder’: Supreme Court’s Practical Blueprint for Applying Section 307 IPC

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ROSHAN LAL Vs THE STATE OF HARYANA & ANR   2026 INSC 524, Dated: May 22, 2026 I. Why this judgment matters for Sessions Judges In day‑t...

Supreme Court: Gravity Of Injury Not Enough To Convict For Attempt To Murder U/ S. 307 IPC Without Proof Of Intention To Cause Death

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The essential ingredient of the offence of attempt to murder is the intention to cause death. Such intention exists prior to the actual atte...
Saturday, 31 May 2025

Understanding Inchoate Crimes: When Criminal Intent Meets Legal Intervention

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 In the realm of criminal law, not all offenses require complete execution to warrant punishment. The concept of inchoate crimes—literally m...
Thursday, 12 November 2020

Whether court can quash prosecution for abetment of suicide if suicide note bears name of accused?

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We now consider the facts of the present case. There are definite allegations that the first Respondent would keep on calling the wife of th...
Sunday, 16 December 2018

Whether a woman can be prosecuted for abetment of suicide of her husband if she has phone sex with friend of husband?

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The learned Senior Counsel Mr.Mundargi has made out a point that this communication was secretly done. It is true that this fact is ...
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...
Saturday, 29 October 2016

When accused can be discharged for offence of abetment to commit suicide?

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  The offence which has been sought to be charged against the applicant is the one which is punishable under Section 306 of the Indian Pe...
Saturday, 22 October 2016

When offence of criminal breach of trust is not made out?

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Mere retention of the amount for a short period, without the element of dishonesty cannot make it an offence of criminal breach of trus...
Sunday, 29 May 2016

Whether divorce can be refused to a party on ground that there was no deliberate or wilful ill- treatment to him or her?

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It is settled law that mens rea has no role to play to constitute cruelty as per number of decisions of Hon'ble Apex Court incl...
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...
Tuesday, 10 November 2015

Whether mensrea is required to be proved in prevention of food adulteration case?

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 For the offence made punishable under  section 7 , no  'mens rea' is required to be proved. Thus, in such a case, the prosecution...
Monday, 12 October 2015

What are essential ingredients of criminal breach of trust?

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The other aspects have also been considered by the Supreme Court on numerous occasions. In 2002 SCC (Cri) 129 (S.W. Palanitkar and others ...
Thursday, 14 May 2015

What are exceptions to normal rule that the burden of proof is upon prosecution?

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There are some exceptions to the normal rule that the burden of proof is upon the prosecution. The main exceptions are as follows. (1) W...
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

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...