Indian Penal Code

State Of Karnataka vs MN Basavaraja CrA 503 Of 2013- S 304B IPC – Dowry Death

Criminal Trial – A lady facing harassment and cruelty owing to her or her family’s failure to meet dowry demands would more often than not confide in her immediate family members. If the evidence of the family members in a case of dowry death is to be discarded on the ground that they are interested …

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Utpal Mandal @ Utpal Mondal vs State Of West Bengal SLP(Crl) Diary 8058 Of 2024 – POCSO – Victim Name Not Masked

POCSO Act ; Section 33(7) – Indian Penal Code, 1860; Section 228A – Mandatory requirements of Section 33(7) of the POCSO Act and Section 228A of the I.P.C. have not been followed in this case inasmuch as while recording statements of the victim under Sections 164 and 161 of the Cr.P.C., her name is mentioned, …

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Vikas Chandra vs State Of Uttar Pradesh 2024 INSC 261 – Ss 204, 482, 173(2) – Ss 306,107 IPC – Abetment Of Suicide

Indian Penal Code, 1860; Section 306 -Mere statement in suicide note that ‘ X will be responsible for his suicide’ would not be a ground at all to issue summons to X to face the trial for the offence under Section 306, IPC. (Para 24) Code Of Criminal Procedure, 1973; Section 204, 482- A petition …

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Sushil Kumar Gupta vs State Of West Bengal Cr A 1798 of 2024

Food Safety and Standards Act, 2006; Section 89,59 – Indian Penal Code, 1860; Section 272,273 – after the enactment of the Act, 2006, more particularly, keeping in mind the offence under Section 59 of the Act, 2006, there cannot be prosecution for the offences under Sections 272 and 273 respectively of the I.P.C. – Referred …

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Amudha vs State 2024 INSC 244- S 306 IPC – Suicide Abetment – Criminal Proceedings Quashed

Indian Penal Code, 1860; Section 306 – Allowing appeal filed by appellant -accused against Madras HC judgment refusing to quash criminal proceedings, SC held: Taking the charge sheet as correct, we find that there were no acts of incitement on the part of the appellant proximate to the date on which the deceased committed suicide. …

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AM Mohan vs State 2024 INSC 233 – Ss 415,420 IPC – S 482 CrPC

Indian Penal Code, 1860; Section 415,420 –For attracting the provision of Section 420 of IPC, the FIR/complaint must show that the ingredients of Section 415 of IPC are made out and the person cheated must have been dishonestly induced to deliver the property to any person; or to make, alter or destroy valuable security or …

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Shiv Prasad Semwal vs State Of Uttarakhand 2024 INSC 220 – S 153A IPC –

Indian Penal Code, 1860; Section 153A IPC- In order to constitute offence, the prosecution must come out with a case that the words ‘spoken’ or ‘written’ attributed to the accused, created enmity or bad blood between different groups on the ground of religion, race, place of birth, residence, language, etc., or that the acts so …

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Apoorva Arora vs State (Govt Of NCT Of Delhi) 2024 INSC 223 – S 67,67A IT Act – Vulgarity & Profanities Not Obscenity

Information Technology Act, 2000; Section 67 – Indian Penal Code, 1860; Section 292- “Obscenity” has been similarly defined in Section 292 and Section 67 as material which is: i. lascivious; or ii. appeals to the prurient interest; or iii. its effect tends to deprave and corrupt persons who are likely, having regard to all relevant …

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X vs A 2024 INSC 216 – Rape By Giving Promise To Marry – Quashing

Indian Penal Code, 1860; Section 375 – Rape by giving promise to marry – Appeal against HC judgment Quashing criminal proceedings against accused dismissed- The allegations in the FIR so also in the restatement made before the Dy. S.P.,, do not, on their face, indicate that the promise by accused No. 1 was false or …

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Periyasamy vs State 2024 INSC 212 – Right To Private Difference – Criminal Trial – Independent Witness

Indian Penal Code, 1860; Section 96-106- Right To Private Defence – (i) Self-preservation is the basic human instinct and is duly recognised by the criminal jurisprudence of all civilised countries. All free, democratic and civilised countries recognise the right of private defence within certain reasonable limits. (ii) The right of private defence is available only …

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