Indian penal code 138. Indian Penal Code, 1860 2019-01-08
Indian penal code 138 Rating:
5,2/10
1555
reviews
IPC 233
It has been extended under Section 5 of the same Act to the Lushai Hills, see Gazette of India, 1898, Pt. A has committed criminal breach of trust. And I hereby direct that you be tried by this Court on the said charge. And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number of figure in any such lottery, shall be punished with fine which may extend to one thousand rupees. There is no bill in the parliament about any amendments to the laws relating to rape currently. It has been held therein that once the conviction under Section 138 of N.
And I hereby direct that you be tried by this Court on the said charge. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. Resistance or obstruction by a person to his lawful apprehension:Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Even though the accused knew about this attachment order he reaped and removed the crop. Explanation — For the purpose of clause a , where the cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account. And I hereby direct that you be tried by this Court on the said charge.
Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. And I hereby direct that you be tried by this Court on the said charge. Right of private defence against the act of a person of unsound mind, etc:When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. And I hereby direct that you be tried by this Court on the said charge. A has committed no offence, though he knew it to be likely that the communication might cause the patient's death. Being member of unlawful assembly:Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly. Punishment for wrongful confinement:Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
A and B, intending to cause Z's death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Giving false evidence:Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Bhaskaran's Case and Harman's Case- A Slight Dilution. Here, as soon as A has severed the tree in order to such taking, he has committed theft. The appellants filed an application before the Judicial Magistrate contending that on the selfsame facts they could not be tried for the second time in view of Section 403 of the Code of Criminal Procedure, 1898 corresponding to Section 300 Cr. A's ball gives A a mortal wound. It is true that the cheques may have been issued by the accused at his place of residence or business, the Bank on which it is drawn being often located at a second spot and inevitably the complainant or the payee has his place of residence or business at yet another location.
Voluntarily causing hurt to extort confession, or to compel restoration of property:Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Murder:Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or - 2ndly. Union of India the question of double jeopardy as enshrined in Article 20 2 in light of section 138 and section 420 of the Indian Penal Code where the court held that: Offences under section 138 of the Negotiable Instruments Act and section 420 of the Penal Code are different and the ingredients are different and the ingredients are also different. The leniency thus, was the cause of much upheaval. State of Maharashtra 27 In a case before the Bombay High Court, two cheques were issued, one before the Gandhinagar branch of the State Bank of India and one before the Bank of Maharashtra. Here, as A has a right to use the horse, he does not dishonestly misappropriate it.
And I hereby direct that you be tried by this Court on the said charge. B kills Z with the knife. And I hereby direct that you be tried by this Court on the said charge. Illustrations a A shoots Z with the intention of killing him. Committing depredation on territories of Power at peace with the Government of India. B, in pursuance of the conspiracy, administers the poison to Z in A's absence and thereby causes Z's death. Here B may have committed only culpable homicide, but A is guilty of murder.
B takes the property out of Z's possession, in good faith, believing it to be A's property. Illustrations a A instigates a child to put poison into the food of Z, and gives him poison for that purpose. Periasamy Nadar that where has been a disobedience of an order of the civil court it is not necessary that a complaint should come from that court itself. He is guilty of an offence under this section. Failure by person released on bail or bond to appear in Court:Whoever, having been charged with an offence and released on bail or on bond wihtout sureties, fails without sufficient cause the burden of proving which shall lie upon him , to appear in Court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or wigh fine, or with both.
Personating a public servant:Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Dacoity with murder:If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. A has committed criminal breach of trust. The appeal is devoid of any merit and accordingly dismissed. And I hereby direct that you be tried by this Court on the said charge.
The forms of promulgation may be different, like reading an order in an open court, or publishing the same in the gazette etc. B in pursuance of the instigation stabs D. Illustration Z dies in possession of furniture and money. Illustration A institutes a suit against Z. Voluntarily causing hurt by dangerous weapons or means:Whoever, except in the case provided for by Section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Here A has not committed the offence defined in this section.
