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- Words and Phrases

IPC S. 363, 366 – Abductee minor had clearly stated that she was neither taken away nor induced and that she had left her home of her own freewill – Section 366 IPC would come into play. [PLRonline #418506]

Criminal

IPC S. 34, 149 – Distinction and similarity between Section 34 and 149 of IPC and also the circumstances when both Sections are simultaneously applicable. [#212601]

Constitution of India

[SC] Bail – Merely because the appellant did not confess, it cannot be said that the appellant was not cooperating with the investigation. [2017 PLRonline 0301]

Criminal

[SC] IPC S. 306 – Mens Rea – Act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide – Instigation must be in close proximity . [PLRonline 478683]

Home Category Criminal IPC

IPC

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

Criminal

IPC S. 324, 307 – Sympathetic view – Compromise effect of – though not compoundable

IPC, 1860 - S. 324, 307 – CrPC, 1973, S. 320 – Compounding – Sympathetic view - Court has taken...

Criminal

CrPC S. 320 – Compounding under S. 324, 307 not permissible

IPC, 1860 - S. 324, 307 – CrPC, 1973, S. 320 – Compounding – Offence Under S. 324, 307 IPC...

Criminal

IPC S. 149 – Criminal Trial – Constructive liability of innocent bystander

IPC S. 149 - Criminal Trial - Constructive liability cannot be stretched to lead to the false implication of innocent...

Criminal

Sentencing – Possibility of reformation and rehabilitation .

Sentencing – Possibility of reformation and rehabilitation of the convict is an important factor which has to be taken into...

Constitution of India

Review – Court may review its judgment in Criminal proceedings on ground of an error apparent on face of record

Penal Code, 1860, S. 302, 34 – Constitution of India, Art. 137 – Supreme Court Rules (2013), O. 47, R....

Criminal

ejusdem generis – is a rule of construction and not a rule of law

Vikram Singh v. Union of India, (2015) 9 SCC 502, this Court was asked to construe the expression “government or...

COI Art. 227 – Revision – Scope of interference is limited.

Criminal

Conflict between provisions of the IPC and the IT Act

The conflict between provisions of the IPC and the IT Act came to the fore. In this case, on November...

CPA – Subsequent purchaser – Builder – Non delivery of flat – Is a consumer

Criminal

Nonobstante clause – Statutory Interpretation

Criminal trial Interpretation of Statutes - Statutory Interpretation - Settled principle of statutory interpretation that a clause or a Section...

Judicial restraint – Practice of summoning officers , deprecated

Criminal

Where an act or an omission constitutes for an offence under two enactments the offender may be punished under either or both enactment but was not liable to be punished twice for the same offence.

Criminal trial IPC, Section 420, 408, 379 - Information Technology Act, 2000 Section 66 - if the special enactment in...

Constitution of India

FIR – Complaint already filed – Merely because on the same set of facts with the same allegations and averments earlier a complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments

CrPC S. 210 - Merely because on the same set of facts with the same allegations and averments earlier a...

Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

IPC

Kidnapping – No ratio has been laid down in paragraph 92 that when an eight year old child (or a child of a tender age) is kidnapped/abducted for ransom there is inherent threat to cause death

In the case, an eight year old son of Doctor Mukesh Ramanlal Chandak (PW1) was kidnapped by the accused A1...

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IPC S. 363, 366 – Abductee minor had clearly stated that she was neither taken away nor induced and that she had left her home of her own freewill – Section 366 IPC would come into play. [PLRonline #418506]

IPC S. 34, 149 – Distinction and similarity between Section 34 and 149 of IPC and also the circumstances when both Sections are simultaneously applicable. [#212601]

[SC] Bail – Merely because the appellant did not confess, it cannot be said that the appellant was not cooperating with the investigation. [2017 PLRonline 0301]

[SC] IPC S. 306 – Mens Rea – Act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide – Instigation must be in close proximity . [PLRonline 478683]

IPC

IPC S. 324, 307 – Sympathetic view – Compromise effect of – though not compoundable

CrPC S. 320 – Compounding under S. 324, 307 not permissible

IPC S. 149 – Criminal Trial – Constructive liability of innocent bystander

Sentencing – Possibility of reformation and rehabilitation .

Review – Court may review its judgment in Criminal proceedings on ground of an error apparent on face of record

ejusdem generis – is a rule of construction and not a rule of law

Conflict between provisions of the IPC and the IT Act

Nonobstante clause – Statutory Interpretation

Where an act or an omission constitutes for an offence under two enactments the offender may be punished under either or both enactment but was not liable to be punished twice for the same offence.

FIR – Complaint already filed – Merely because on the same set of facts with the same allegations and averments earlier a complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments

Words – “and” is used as conjunction – The use of word “or” is clearly distinctive

IPC S. 364A – Not Guilty

IPC, 364A – Essential ingredients

IPC S. 364A – Condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved

Kidnapping – No ratio has been laid down in paragraph 92 that when an eight year old child (or a child of a tender age) is kidnapped/abducted for ransom there is inherent threat to cause death

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