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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]

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

IPC, S. 84 – Where Exception under Sec.84 is claimed

Criminal

IPC, S. 304-B, “Soon before” is a relative term which is required to be considered under specific circumstances

“15. … “Soon before” is a relative term which is required to be considered under specific circumstances of each case and...

Criminal

IPC 304-B, essential ingredients to be established

“10. To sustain the conviction under Section 304-B IPC, the following essential ingredients are to be established: (i) the death of...

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

Criminal

IPC, S. 304-B, “soon before” cannot be construed to mean ‘immediately before’.

Indian Penal Code, 1860 (45 of 1860), Section 304-B - “soon before” – The phrase “soon before” as appearing in...

Criminal

IPC S. 302 – Common intention

Common intention Penal Code, 1860 (IPC), Section 34, 302, 324, 325 and 323 - Murder - Common intention - The...

IPC S. 361 – Consent of the minor – Is immaterial for purposes of Section 361 of IPC

Criminal

IPC S. 417 – Sexual intercourse under false promise of marriage

Sexual intercourse under false promise of marriage IPC, Section 417 - When a woman is induced to part with her...

Court proceedings

IPC S. 415 – Hypertechnical approach

High Court seems to have adopted a strictly hypertechnical approach and sieved the complaint through a colander of finest gauzes...

Criminal

IPC S. 366 – Sentencing

IPC , Section 366 - Once the prosecution leads evidence to show that the kidnapping was with the intention/knowledge to...

Criminal

IPC S. 361 – Sentence – Whether the punishment awarded is just, and ought there be leniency given the unique circumstances?

Sentence – Whether the punishment awarded is just, and ought there be leniency given the unique circumstances? - Reduced –...

Criminal

IPC S. 361 – Mere recovery of a missing minor from the custody of a stranger would not ipsofacto establish the offence of kidnapping

It is necessary that there be an act of enticing or taking, in addition to establishing the child's minority IPC...

Criminal

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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. 304-B, “Soon before” is a relative term which is required to be considered under specific circumstances

IPC 304-B, essential ingredients to be established

IPC, S. 304-B, “soon before” cannot be construed to mean ‘immediately before’.

IPC S. 302 – Common intention

IPC S. 417 – Sexual intercourse under false promise of marriage

IPC S. 415 – Hypertechnical approach

IPC S. 366 – Sentencing

IPC S. 361 – Sentence – Whether the punishment awarded is just, and ought there be leniency given the unique circumstances?

IPC S. 361 – Mere recovery of a missing minor from the custody of a stranger would not ipsofacto establish the offence of kidnapping

IPC . S. 361 – Sentence – There cannot be any mechanical reduction of sentence

IPC S. 361 – Consent of the minor – Is immaterial for purposes of Section 361 of IPC

IPC S. 359 – Voluntary abandonment of home by a minor girl

IPC S. 359 – Mildness of the crime – Sentencing

IPC S. 302 – Circumstantial evidence

IPC S. 174 – Cheque bouncing – Proclaimed person

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