Indian Penal Code, 1860; Section 304 – High Court altered the conviction of the appellant from one under Section 304 Part I of the Indian Penal Code, 1860 (IPC) to one under Section 304 Part II IPC but, sentenced him to undergo rigorous imprisonment (RI) for five years while maintaining the sentence of fine – …
Hussainbhai Asgarali Lokhandwala vs State Of Gujarat 2024 INSC 609 – S 304 IPC Read More »
Indian Penal Code, 1860; Section 191, 193– (i) The Court should be of the prima facie opinion that there exists sufficient and reasonable ground to initiate proceedings against the person who has allegedly made a false statement(s); (ii) Such proceedings should be initiated when doing the same is “expedient in the interests of justice to …
James Kunjwal vs State Of Uttarakhand 2024 INSC 601 – Ss 191,193 IPC – False Statements Read More »
Indian Penal Code, 1860; Section 353- Concurrent conviction under Section 353 IPC – Allowing appeal, SC observed: There is no evidence to indicate that the accused assaulted or used criminal force on the trap party in execution of their duties or for the purpose of preventing or deterring them in discharging their duties. In short, …
Mahendra Kumar Sonker vs State Of Madhya Pradesh 2024 INSC 600 – S 353 IPC Read More »
Indian Penal Code, 1860; Section 307 [Section 109 BNSS]-The victim need not suffer any kind of bodily injury. The offence to commit murder punishable under Section 307, IPC is constituted by the concurrence of mens rea followed by actus reus, to commit an attempt to murder though its accomplishment or sufferance of any kind of …
Amit Rana @ Koka vs State Of Haryana 2024 INSC 543 – S 307 IPC – Attempt To Murder = Read More »
Indian Penal Code, 1860; Section 494 [Section 82(1) BNS]- High Court after restoring conviction for the offence under Section 494 I.P.C., sentenced accused to undergo imprisonment till the rising of the court and to pay a fine of Rs.20,000/- each with default sentence to undergo simple imprisonment for a period of three months- Allowing appeal, …
Baba Natarajan Prasad vs M. Revathi 2024 INSC 523 – S 494 IPC – Bigamy – Sentencing Read More »
Indian Penal Code, 1860; Section 149 [Section 190 BNS] -When the charge is under Section 149, the presence of the accused as part of the unlawful assembly itself is sufficient for conviction- Their presence with the other co-accused amounted to an unlawful assembly which is sufficient for conviction, even if they may have not actively …
Suresh Dattu Bhojane vs State Of Maharashtra 2024 INSC 468 Read More »
Indian Penal Code, 1860; Section 299,300- Provocation itself is not enough to reduce the crime from murder to culpable homicide not amounting to murder. In order to convert a case of murder to a case of culpable homicide not amounting to murder, provocation must me such that would temporarily deprive the power of self-control of …
Indian Penal Code, 1860; Section 34 and 149 –A mere common intention per se may not attract Section 34 IPC without action in furtherance of such common intention- There is a significant distinction between Section 34 and Section 149 of IPC. Section 34 requires active participation and prior meeting of minds whereas Section 149 assigns …
Madhusudan vs State Of Madhya Pradesh – S 34 IPC – Common Intention Read More »
Indian Penal Code, 1860; Section 494– The essential ingredients of this offence are: (1) that the accused spouse must have contracted the first marriage (2) that while the first marriage was subsisting the spouse concerned must have contracted a second marriage, and (3) that both the marriages must be valid in the sense that the …
S Nitheen vs State Of Kerala 2024 INSC 420 – S 494 IPC – Bigamy Read More »
Indian Penal Code, 1860; Section 354D and 506- Appeal by accused against High Court judgment upholding his conviction for offences under Sections 354D and 506-Part I of the Indian Penal Code, 1860 – Allowing appeal, SC observed: The offences under Section 354D IPC and Section 506 IPC are personal to the complainant and the accused …