by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities
Indian Penal Code 271. Disobedience to quarantine rule Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the […]
Indian Penal Code 270. Malignant act likely to spread infection of disease dangerous to life. Whoever malignantly does any act which is, and which he knows or has reason to believe to […]
Indian Penal Code 269. Negligent act likely to spread infection of disease dangerous to life. Whoever unlawfully or negligently does any act which is, and which he knows or has reason to […]
The right of private defence is available for protection against apprehended unlawful aggression and not for punishing the aggressor for the offence committed by him.
Offence of Murder – In view of sudden fight without any premeditation, the conviction of the appellant for an offence under Section 302 is not made out. The cause of death of the deceased is knife blow on the chest of the deceased-Soman. Such injury is with the knowledge that such injury is likely to cause death, but without any intention to cause death. Thus, the death of Soman is a culpable homicide not amounting to murder as the death has occurred in heat of passion upon a sudden quarrel falling within Exception 4 of Section 300 of IPC. Therefore, it is an offence punishable under Section 304 Part I, IPC.
In case of inordinate delay in lodging FIR, Court may reject the case if delay is not satisfactorily explained-SC
CRIMINAL – Sections 365 and 352 of the Indian Penal Code – Normally, the Court may reject the case of the prosecution in case of inordinate delay in lodging the first information report because of the possibility of concoction of evidence by the prosecution. However, if the delay is satisfactorily explained, the Court will decide the matter on merits without giving much importance to such delay. The Court is duty bound to determine whether the explanation afforded is plausible enough given the facts and circumstances of the case. The delay may be condoned if the complainant appears to be reliable and without any motive for implicating the accused falsely – SUPREME COURT OF INDIA [ March 29, 2019 ]
What needs to be decided now is what offence has A2 committed. A2 has inflicted one stab wound on the deceased with a penknife after an altercation between the two sides. The […]
The penal laws in India are primarily based upon certain fundamental procedural values, which are right to fair trial and presumption of innocence. A person is presumed to be innocent till proven […]
It is relevant to point out that Section 364A had been introduced in the Indian penal code by virtue of Amendment Act 42 of 1993. The statement of objects and reasons are […]
GO IPC 76 – Act done by a person bound, or by mistake of fact believing himself bound, by law 77 – Act of Judge when acting judicially 78 – Act done […]
Pratibha Rani v. Suraj Kumar and Anr [1985 AIR 628, 1985 SCR (3) 191], wherein the Apex Court observed that the Courts prima facie satisfaction must be based only on the allegations […]