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Showing posts with label minor offence. Show all posts
Showing posts with label minor offence. Show all posts
Tuesday, 3 December 2024

Supreme Court: Accused charged of a major offence can be convicted of minor offence if found guilty

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 Needless to mention, it is well settled by a catena of decisions of this Court that if an accused is charged of a major offence but is not ...
Tuesday, 25 May 2021

Whether court can convict an accused of a minor offence if he charged for a major offence?

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  28. We may also make a reference to another three-Judge Bench judgment of this Court in the case of Shamnsaheb M. Multtani vs. State of Ka...
Thursday, 6 August 2020

Whether Court can convict accused charged under S 302 of IPC for an offence of dishonestly receiving stolen property?

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The learned Public Prosecutor relying on sections 221 and 222 of the Code of Criminal Procedure, 1973 pressed for a conviction of the appe...

Leading Supreme Court Judgment on basic concept of minor offence under S 222 of CRPC

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Section 222(1) of the Code deals with a case "when a person is charged with an offence consisting of several particulars". The S...
Tuesday, 4 August 2020

Whether court can convict accused of an offence U/S 304B of IPC if he was charged only under S 302 of IPC?

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Be that as it may. The question raised before us is whether in a case where prosecution failed to prove the charge under Section 302 IPC, ...
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...
Sunday, 6 October 2019

Whether offence U/S 366 of IPC can be treated as minor offence to S 366A of IPC?

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Here it is useful to refer the decision in the case of Iqbal Vs State of Kerala (2008) Cri.L.J. 436 wherein the Hon'able Apex court i...
Sunday, 14 May 2017

Whether accused can be punished for major offence after being charged with minor offence?

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Section 215 Cr.P.C. provides that omission to frame charge will not be treated as material unless it has resulted in any failure of just...
Saturday, 14 January 2017

When it is permissible for court to convict accused of minor offence though he was not charged with it?

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  Section 222(1)  of the Code deals with a case when a person is charged with an offence consisting of several particulars. The Section pe...
Wednesday, 24 August 2016

Whether a person can be denied public employment on account of conviction in minor offence?

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In a growing democracy, where the systems are failing and the weak and the downtrodden are hardly given the opportunity to sharpen their...
Saturday, 4 April 2015

What is meant by “a minor offence” for the purpose of Section 222 of CRPC?

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What is meant by “a minor offence” for the purpose of Section 222 of the Code? Although the said expression is not defined in the Code ...
Thursday, 27 February 2014

Whether Accused who is released on bail for minor offence can be arrested again if offence converts in to non bailable offence?

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 Where such person already released on bail for a bailable offence is proceeded in the crime for a non bailable offence he becomes disen...