Indian Penal Code 1860 – Section 198-Mens rea is an essential ingredient of the offence. Only because the accused could not establish her caste claim before the Committee, one cannot conclude that the accused corruptly used the caste certificate. Moreover, corruptly using the certificate is not sufficient. The accused must have knowledge that the certificate …
Indian Penal Code 1860 – Section 420 – For bringing out the offence under the ambit of Section 420 IPC, the FIR must disclose the following ingredients: (a) That the appellant-bank had induced anyone since inception; (b) That the said inducement was fraudulent or dishonest; and (c) That mens rea existed at the time of …
HDFC Bank Ltd. vs State Of Bihar 2024 INSC 807 – Ss 409,420 IPC – Mens Rea Read More »
Indian Penal Code 1860 – Section 498-A – Essential ingredients: (a) The victim was a married lady (may also be a widow); (b) That she has been subjected to cruelty by her husband or relative(s) of her husband; (c) That such cruelty consisted of either (i) harassment with a view to coerce meeting a demand …
Constitution of India – Article 226- High Court could exercise its power of judicial review in Criminal matters and it could exercise the power either under Article 226 or under Section 482 CrPC to prevent the abuse of process of the court or otherwise to secure the ends of justice. Nomenclature under which a petition …
Indian Penal Code 1860 – Section 34 –For a person to be convicted under section 34, there must be an involvement of two or more persons with common intention to commit the crime. Mere presence of the accused at the scene of occurrence is not sufficient. (Para 17) Punishment -The object of punishment is not …
Sandeep vs State Of Uttarakhand 2024 INSC 771 – S 34 IPC – Object Of Punishment Read More »
Indian Penal Code,1860 –Section 306 [Section 108 of BNS,2023]-The basic ingredients to constitute an offence under Section 306 of the IPC are suicidal death and abetment thereof -The ingredients to constitute an offence under Section 306 of the IPC (abetment of suicide) would stand fulfilled if the suicide is committed by the deceased due to …
Indian Penal Code,1860; Section 34 [BNS 2023; Section 3(5)]– There cannot be a fixed timeframe for formation of common intention. It is not essential for the perpetrators to have had prior meetings to conspire or make preparations for the crime. Common intention to commit murder can arise even moments before the commission of the act. …
Baljinder Singh @ Ladoo vs State Of Punjab 2024 INSC 738 – S 34,149 IPC – Ss 464 CrPC – Read More »
Indian Penal Code,1860; Section 307 [ BNS 2013; Section 109]- Attempt to Murder -The essential ingredients required to be proved in the case of an offence under Section 307 are: (i) that the death of a human being was attempted; (ii) that such death was attempted to be caused by, or in consequence of the …
Summary: Appeal against concurrent conviction in murder case – Partly allowing appeal, SC noted: the possibility of the offence being committed by the appellants without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out. There is nothing on record to show that the appellants have taken …
Indian Penal Code,1860; Section 304B [BNSS,2023; Section 80] –To constitute a ‘dowry death’, punishable under Section 304- B7 IPC, following ingredients must be satisfied: i. death of a woman must have been caused by any burns or bodily injury or it must have occurred otherwise than under normal circumstances; ii. such death must have occurred …