Indian Penal Code, 1860; Section 304B – The ingredients of the offence : (a) death of a woman must have been caused by any burns or bodily injury or her death must have occurred otherwise than under normal circumstances; (b) such death must have occurred within seven years of her marriage; (c) soon before her …
Chabi Karmakar vs State Of West Bengal 2024 INSC 665 – S 304B IPC – Dowry Death Read More »
Indian Penal Code,1860; Section 149- [BNSS,2023; Section 190] –Section 149 IPC does not create a separate offence but only declares vicarious liability of all members of the unlawful assembly for acts done in common object – Section 149 IPC creates a constructive or vicarious liability of the members of the unlawful assembly for the unlawful …
Nitya Nand vs State Of U.P 2024 INSC 655 – S 149 IPC – Unlawful Assembly Read More »
Stridhan -Wife or woman being the sole authority in respect of ‘stridhan’ – A husband has no right, and it has to then be necessarily concluded that a father too, has no right when the daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of the recovery of her …
Indian Penal Code,1860; Section 307 – A conviction under Section 307 of the IPC may be justified only if the accused in question possessed intent coupled with some overt act in aid of its execution. Ascertaining the intention to kill or having the knowledge that death may be caused as a result of the overt …
Indian Penal Code,1860; Section 406, 415, 420-The offences of criminal breach of trust (Section 406 IPC) and cheating (Section 420 IPC) have specific ingredients. In order to constitute a criminal breach of trust (Section 406 IPC): – 1) There must be entrustment with person for property or dominion over the property, and 2) The person …
Code Of Criminal Procedure, 1973; Section 227- At the stage of consideration of an application for discharge, defence case or material, if produced at all by the accused, cannot be looked at all. Once “the record of the case and the documents submitted therewith” are before the Court they alone can be looked into for …
Indian Penal Code, 1860; Section 107,306 – There must be either an instigation, or an engagement or intentional aid to ‘doing of a thing’. When we apply these three criteria to Section 306, it means that the accused must have encouraged the person to commit suicide or engaged in conspiracy with others to encourage the …
Indian Penal Code,1860; Section 300 -If there was no intention on the part of the accused to cause bodily injury to the deceased and other injured witnesses, there was no reason for him to go back to his house and bring the weapon. He brought the billhook from his home, obviously to make an assault. …
Shanmugasekar vs State of Tamil Nadu 2024 INSC 504 Read More »
Indian Penal Code, 1860; Section 375 -The physical relationship between the prosecutrix and the appellant cannot be said to be against her will and without her consent. On the basis of the available materials, no case of rape or of criminal intimidation is made out – Criminal proceedings quashed.
Criminal Trial – The threshold for disbelieving a witness is not mere discrepancy or inconsistency but material discrepancy and inconsistency, which renders the account narrated by the witnesses so highly improbable that the same may safely be discarded altogether from consideration. (Para 15) Indian Evidence Act, 1872; Section 134 -No particular number of witnesses is …
Joy Devaraj vs State Of Kerala 2024 INSC 473 – Criminal Trial – S 300 IPC – Murder Read More »