False personation for purpose of act or proceeding in suit or prosecution Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. It should be of conclusive nature; Arvind v. In these offences, the discretion is with the Court. Intentional insult or interruption to public servant sitting in judicial proceeding Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Comments Thumb impression taken forcibly Forcibly taking the thumb-impression of a person on a blank piece of paper amounts to an offence of assault or use of criminal force punishable under this section; Jadunandan Singh v. Making atmosphere noxious to health Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.
When the complainant informed that he would lodge a report with the Police, respondent No. This makes it clear that there can be no circumstances when one's act can be read into this particular section in order to avail him the benefit of not being charged under section 299 to 302 of the I. Intention and knowledge It is fallacious to contend that when death is caused by a single blow, clause thirdly is not attracted and, therefore, it would not amount to murder. He must always keep in his mind the fear psyche that if he is convicted of the offence for causing death of human beings due to his callous driving of vehicle he cannot escape from jail sentence. Having possession of counterfeit Government stamp Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. She is married since Jan 2012.
A is guilty of an offence under this section. Abettor A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable of law of committing an offence with the same intention or knowledge as that of the abettor. A is moved to sudden and violent passion in consequence, and kills Z. Sections 225A and 225B subs. It is very much convincing that this section would have no applicability where the act is in its nature criminal. Illustrations a A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. The accused was armed with sword and had inflicted blows on the forehead, ear, back side of the head as well as on the left arm of the complainant.
A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. With the knowledge that he is likely, by such act, to cause death i In case of murder in which the conclusion of guilt is drawn by prosecution it must be fully established beyond all reasonable doubt and consistent with the guilt of the accused; S. The original words have successively been amended by Act 12 of 1891, sec. Title and extant of operation of the Code Act No. Added by Act 4 of 1898, sec.
Provisions under section 307 are: Section 307 of Indian Penal Code. Punishment Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six month, or with fine, or with both. But there is a negligible chance that the judiciary will get confused between section 304-A and the sections 299 to 302 of the I. These are two distinct offences; Abhaya Jena v. A has not yet committed the offence. A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. State Amendments In section 273, State Amendments are the same as under section 272.
Learned counsel for the petitioner has filed the present petition for cancellation of bail on the ground that concession of anticipatory bail was granted to the accused, whereas, as per opinion, the offence under was added. Illustration A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. The word likely in second clause of section 299 conveys the sense of probable as distinguished from a mere possibility. The act, namely, the bare physical act, must be an act capable of causing death, at any rate, not one intrinsically incapable of causing death. Comments Compensation of victims of crime Punishment and sentence both are clubbed together for their similarity in between; Ramesh Chandra v.
Offence Punishment Cognizance Bail Triable Attempt to murder 10 Years + Fine Cognizable Non-Bailable Court of Session If such act causes hurt to any person Imprisonment for Life or 10 Years + Fine Cognizable Non-Bailable Court of Session Attempt by life-convict to murder, if hurt is caused Death or 10 Years + Fine Cognizable Non-Bailable! There is a thin line of demarcation between the preparation for, and an attempt to, commit an offence. Intentional shooting at a fleeing person and hitting someone else to death comes under the section 300 read with section 301 of the I. A administers the poison; Z dies in consequence. Imprisonment to terminate on payment of fine The imprisonment which is imposed in default of payment of a fine shall terminate when ever that fine is either paid or levied by process of law. Added by Act 3 of 1894, sec. Explanation The last section is subject to the same Explanation as section 352.
. Only professionals like lawyers can help in dealing with matters like these effectively and this cannot be done by a layman. Consent known to be given under fear or misconception A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception ; or Consent of insane person if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or Consent of child unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age. Here, as the paper so signed may be converted into a valuable security. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception. State of Andhra Pradesh, 1997 Supreme Today 127. Negligent conduct with respect to explosive substance Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
In a case like this, the High Court should not have accepted the petition of the accused under Section 482 of the Code. Even in such a case, section 304B is attracted and this position is not disputed. There is no requirement of awarding any minimum sentence. Liability of agent of owner of occupier for whose benefit riot is committed Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject or nay dispute which gave rise to the riot, or who has accepted or derived any benefit there from, the agent or manager or such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same. A similar situation, as in the present case, was found to have arisen in the case of State of Rajasthan v. Certain laws not to be affected by this Act.