Search Results for Tag : IPC
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SC: Charge Under Section 149 IPC Can be Altered to Section 34 IPC if Common Intention Proved(14.12.2020)
Supreme Court has held that it is permissible to alter a charge under Section 149 of the Indian Penal Code, 1860 (IPC) to a charge under Section 34 IP.....
Tags : Supreme Court, Charge u/s 149 IPC
Chhattisgarh HC Acquits Sarpanch U/S 354 IPC for Holding Hand of Prosecutrix(31.10.2022)
Chhattisgarh High Court has acquitted a former Sarpanch for offence under Section 354 IPC after holding that there is nothing on record to prove that .....
Tags : Chhattisgarh High Court, Bad Intention, IPC
SC: Conviction Under S. 302 IPC Cannot be Based Upon Statement of Untrustworthy Witness(15.01.2024)
Supreme Court while setting aside the conviction of a person in a murder case of 1999 has held that if a witness is branded as untrustworthy having al.....
Tags : Supreme Court, S. 302 IPC, Conviction, Untrustworthy Witness
Ker. HC: Trial Courts to Determine Whether Charges u/s 304A IPC to be Added in Motor Accidents Cases(18.01.2024)
Kerala High Court has held that whenever trial courts frame charges in deaths involving motor accidents it is for them to decide that whether an alter.....
Tags : Kerala High Court, Motor Vehicle, Section 304 IPC
Chh. HC: Second Wife Cannot File Complaint/FIR Against Husband and Her In-Laws u/s 498-A IPC(19.01.2024)
Chhattisgarh High Court has held that any complaint/FIR filed by the second wife under Section 498-A of Indian Penal Code, 1860 (IPC) against her husb.....
Tags : Chhattisgarh High Court, Section 498-A of IPC
MP HC: Casting Doubt on Conduct of Elections via Social Media not an Offence u/s 505(2) of IPC(22.01.2024)
Madhya Pradesh High Court has held that merely casting a doubt upon the conduct of free and fair Legislative Assembly elections through a social media.....
Tags : Madhya Pradesh High Court, Conduct of Elections, Social Media, Public Mischief, 505(2) of IPC
Bombay HC Issues Notice in Plea Challenging Distinction Between Accused Under IPC & Special Acts(06.04.2020)
Bombay High Court has issued notice to the State of Maharashtra, Maharashtra Prison Department, Director General of Prisons and the Undertrial Review .....
Tags : Bombay High Court, Distinction Between Accused Under IPC & Special Acts
Bombay HC Issues Notice in Plea Challenging Distinction Between Accused Under IPC & Special Acts(06.04.2020)
Bombay High Court has issued notice to the State of Maharashtra, Maharashtra Prison Department, Director General of Prisons and the Undertrial Review .....
Tags : Bombay High Court, Distinction Between Accused Under IPC & Special Acts
Bombay HC: Non-IPC Offences Punishable Up to 3 Years are Cognizable and Non-Bailable(08.03.2021)
Bombay High Court has reiterated that non-Indian Penal Code, 1860 offences punishable with "up to three years" will be categorised as cognizable and n.....
Tags : Bombay High Court, Non-IPC Offences
Kerala HC: Police is Not Competent to Register an Offence under Section 195A IPC(10.04.2023)
Kerala High Court while observing that when threat dealt in Section 195 of IPC is giving false evidence that is a matter to be considered by the court.....
Tags : Kerala High Court, Section 195A IPC, False Evidence
Patna HC: No Parent of Any Girl in Our Society Can Damage Reputation of His/Her Daughter(02.07.2024)
Patna High Court while upholding the conviction of an accused under section 3 of the POCSO Act and section 376 of IPC, has observed that no parent of .....
Tags : Patna High Court, POCSO Act, S. 376 of IPC
Keep Sedition Law In Abeyance Until Reconsidered: SC(11.05.2022)
Supreme Court has directed to put 152-year-old sedition law under Section 124A of the Indian Penal Code (IPC) in abeyance till the Union Government re.....
Tags : Sedition Law, Section 124A, IPC, Indian Penal Code
SC: Can’t Apply S.180 of IPC Against a Person for Refusing to Sign Statement Given to Police(05.07.2023)
Supreme Court has held that Section 180 of IPC gets attracted only if a statement is refused to be signed which a public servant is legally competent .....
Tags : Supreme Court, IPC, Statement, Police
Allahabad High Court: Contradiction in Medical Evidence and Eyewitness Creates Doubt(07.08.2024)
Allahabad High Court while setting aside the conviction of an accused under Section 304(1) of IPC, 1860 has observed that contradiction in medical evi.....
Tags : Allahabad High Court, S. 304(1) of IPC, Medical Evidence
Bom. HC: There is a Rampant Misuse of Section 498A of IPC(08.08.2024)
Bom. HC while raising concerns regarding misuse of Section 498-A of IPC, 1860, has stated that they do have sympathy for victim of the crime but fact .....
Tags : Bombay High Court, S. 498-A of IPC, Misuse
Ker HC: Public Place in S. 294 of IPC Include Even those Areas Which are in Vicinity of Public Place(12.08.2024)
Ker HC has held that the term public place in S. 294(a) of IPC include even those areas which are in vicinity of public place, meaning thereby that if.....
Tags : Kerala High Court, Public Place, S. 294 of IPC, Obscene Words
Supreme Court: Pushing a Person to Wriggle Out Arrest Not Criminal Use of Force(13.08.2024)
SC has observed that, to establish criminal force, intentional use of force to any person without their consent to commit offence, is required but an .....
Tags : Supreme Court, S. 353 of IPC, Public Servant
Kar. HC: Husband Allowed to Initiate Criminal Proc. Against Wife for Falsely Accusing Him of Cruelty(02.07.2024)
Karnataka High Court has observed that if the wife grossly misuses and abuses the process of law and falsely accuses the husband of cruelty, the husba.....
Tags : Karnataka High Court, Cruelty, S. 211 of IPC, Malicious Prosecution
Chh. HC: For Conviction u/s 364A IPC, Abduction with Demand for Ransom and Life Threat is Required(03.07.2024)
Chhattisgarh High Court has held that no conviction can be made out under Section 364A of IPC unless it is proved by the prosecution that abduction wa.....
Tags : Chhattisgarh High Court, S. 364A of IPC, Ransom
Sik. HC: Conviction of a 24-Year-Old for Committing Rape on His Grandmother, Upheld(05.07.2024)
Sik. HC has upheld the conviction of a man for committing rape on his grandmother under Sections 376(2)(f), 376(2)(n) of IPC & observed that there was.....
Tags : Sikkim High Court, 24 Year Old, S. 376(2)(f) of IPC
All. HC: Offences Can be Tried by Court Within Whose Juris. First Wife Takes Up Permanent Residence(10.07.2024)
Allahabad High Court has held that offences punishable under Sections 494 and 495 of the Indian Penal Code, 1860 can be tried by those courts within w.....
Tags : Allahabad High Court, S. 494 of IPC, S. 495 of IPC
SC: Can Consider Death by Single Stab as Murder if Ingredients of S. 300 IPC are Fulfilled(10.07.2024)
Supreme Court while upholding the conviction of an accused for murder, has held that causing the death of a person by a single stab can also be consid.....
Tags : Supreme Court, S. 300 of IPC, Single Stab, Murder
Ker. HC: In a Live-in Relationship, Woman’s Partner Can’t be Prosecuted u/s 498A of IPC(11.07.2024)
Ker. HC has held that to attract an offence punishable u/s 498(A) of IPC, essential ingredient is to subject a woman to cruelty by her husband or rela.....
Tags : Kerala High Court, S. 498A of IPC, Live-in Relationship, Legal Marriage
Karnataka HC: Rape on Woman's Dead Body Will Not Attract Section 376 of IPC(01.06.2023)
Karnataka High Court while acquitting a man of rape charges for committing sexual assault on dead body of a 21 years old girl, after murdering her has.....
Tags : Karnataka High Court, Dead Body, Section 376 IPC
Bom. HC: Even a Written Insulting Word Lowering Dignity of a Woman Can be Penalised(23.08.2024)
Bom. HC has observed that to book someone u/s 509 of IPC, the manner in which offender lowers dignity of a woman is not restricted to oral abuse or ge.....
Tags : Bombay High Court, S. 509 of IPC, Electronic Medium
SC: No Minimum Sentence Prescribed for Conviction Under Section 304(A) and 338 of IPC(06.09.2024)
Supreme Court has held that for conviction under Section 304(A) and Section 338 of the Indian Penal Code, 1860 , there is no minimum sentence prescrib.....
Tags : Supreme Court, Minimum Sentence, S. 304(A) of IPC
All. HC: Can’t Implicate Co-Accused u/s 149 when there is No Meeting of Mind Regarding Common Object(06.09.2024)
Allahabad High Court has held that when other co-accused are not present at the spot where the offence was committed and when there is no meeting of m.....
Tags : Allahabad High Court, Common Object, S. 149 of IPC, Co-accused
Raj. HC: Offences Under Section 420 and 405 of IPC Cannot be Invoked Together(10.09.2024)
Rajasthan High Court while hearing the petition of an individual charged under Section 420 and 405 of Indian Penal Code, 1860, has reiterated that the.....
Tags : Rajasthan High Court, S. 420 IPC, S. 405 IPC
Bombay High Court: Person Shaking Neck Towards Woman While Riding is Not Stalking(14.10.2024)
Bombay High Court has held that a person’s act of shaking of his neck i.e. grooving his neck while riding and simultaneously listening to the music, r.....
Tags : Bombay High Court, S. 354D IPC, Stalking
SC: Can’t Assign Ordinary Meaning of ‘Cruel’ in Exception 4 to Section 300 of IPC(28.07.2023)
Supreme Court has observed that if Court assigns a meaning to the word ‘cruel’ used in exception 4 which is used in common parlance, in no case except.....
Tags : Supreme Court, Cruel, IPC, Relative Term
SC Reduces Sentence as Man Convicted U/s 498A IPC Agrees to Pay Compensation to Wife & Children(01.09.2021)
Supreme Court has reduced sentence awarded to a man convicted under section 498A of Indian Penal Code, 1860 to period already undergone after he agree.....
Tags : Supreme Court, Man Convicted U/s 498A IPC
Guj HC: Divorcee Wife can File S.498A Complaint for Actions Meted Out During Subsistence of Marriage(21.08.2023)
Gujarat High Court has held that allegations of the offence u/s 498A of the IPC can be maintained at the instance of the divorcee wife, provided that .....
Tags : Gujarat High Court, Divorcee Wife, S.498A IPC
Kar. HC Sets Aside Conviction U/S 304B IPC Citing Discrepancies in Multiple Dying Declarations(21.07.2022)
Karnataka High Court has set aside the conviction handed down to a husband under Section 304-B of the Indian Penal Code (IPC), noting that there were .....
Tags : Karnataka High Court, IPC, Dowry Death
MP HC: In Absence of Allegations of Annoyance and Obscene Words, Section 294 IPC Won’t be Attracted(26.09.2023)
Madhya Pradesh High Court has held that he absence of allegations of annoyance and alleged stated words to be obscene words cannot attract the charge .....
Tags : Madhya Pradesh High Court, Obscene Words, Abuse, IPC
Supreme Court: ‘Error Of Judgment’ By Doctor Is Not Criminal Negligence(07.04.2017)
Supreme Court while quashing a criminal case lodged against a doctor has held that an ‘error of judgment’ by a doctor does not make him guilty of crim.....
Tags : Supreme Court, an ‘error in judgment’, IPC
Ker. HC: Abusing Over Phone Doesn’t Constitute Offence u/s 294(b) of IPC(16.10.2023)
Kerala High Court while relying on the dictum laid down in James Jose v. State of Kerala (MANU/KE/2645/2019) has held that even if the person uses abu.....
Tags : Kerala High Court, Abuse, IPC
CRIMINAL - Section 195A IPC is Not Restricted to Threatening of Witness Only by Accused: Karnataka HC(11.03.2019)
Karnataka High Court has said that Section 195 A of Indian Penal Code is not restricted to threatening only by accused and observed that Whoever threa.....
Tags : Karnataka High Court, Section 195A IPC
SC: Mere Quarrel on Day of Occurrence Does Not Attract Offence of Abetment of Suicide U/s 306 IPC(15.09.2021)
Supreme Court has observed that mere quarrel on the day of occurrence cannot attract the offence of abetment of suicide under section 306 of the India.....
Tags : Supreme Court, Offence of Abetment of Suicide U/s 306 IPC
Bom. HC: Following a Woman and Pushing Her With Bicycle is Not an Offence u/s 354 IPC(03.01.2024)
Bombay High Court while observing that the act of following a woman a couple of times, abusing and pushing her with a bicycle may be annoying but defi.....
Tags : Bombay High Court, Sense of Decency, Section 354 IPC
Cal. HC: Filing False Case u/s 498A IPC Amounts to Cruelty(03.01.2024)
Calcutta High Court while allowing the husband’s petition for grant of divorce, has held that the wife lodging a false criminal case under Section 498.....
Tags : Calcutta High Court, False Case, Section 498A IPC, Cruelty
SC: Section 300 Exception 4 of IPC Not Available When Offender Takes Undue Advantage of Situation(02.11.2023)
Supreme Court has held that accused cannot take the benefit of 300 Exception 4 of IPC if he takes undue advantage of the situation as the exception cl.....
Tags : Supreme Court, IPC, Exception, Undue Advantage
Del. HC: Throwing Any Liquid or Substance Other Than 'Acid' on Any Person Not an Offence U/S 326B IPC(10.11.2023)
Delhi HC while quashing an FIR registered against the petitioner has held that an offence under Section 326-B of the IPC is made out only if a person .....
Tags : Delhi HC, Section 326-B of IPC, Acid attack
Delhi HC: No Charge U/S 447 IPC Could Be Framed if Complainant Has No Possession of the Property(27.05.2019)
Delhi High Court has held that when there is no material to show that the possession was parted by the Petitioner or was handed over to the complainan.....
Tags : Delhi HC, IPC
Delhi HC: Every Retweet of Defamatory Content on Social Media Amounts to Defamation u/s 499 IPC(06.02.2024)
Delhi HC while ruling that every retweet of defamatory content on social media would amount to “publication” for attracting the offence of defamation .....
Tags : Delhi High Court, Defamatory Content, Social Media, Section 499 IPC
SC: Common Intention Not to Be Inferred Merely on the Basis of Presence of Accused Near Crime Scene(07.02.2024)
SC while observing that there wasn’t oral or documentary evidence to attribute accused with common intention of murder has held that inference was dra.....
Tags : Supreme Court, Common Intention, Section 34 IPC
SC: Advising Partner to Marry Someone Else Not Abetment to Suicide Under Section 306 IPC(12.02.2024)
Supreme Court has observed that merely advising partner to marry someone else on the advice of parents shall not amount to abetment of suicide and wil.....
Tags : Supreme Court, Abetment to Suicide, S. 306 IPC
Delhi HC: Paper Cutter Qualifies as 'Deadly Weapon' for Conviction Under Section 397 of IPC(05.02.2020)
Delhi High Court has held that a paper-cutter would qualify as a 'deadly weapon' to secure a conviction for committing robbery with an attempt to caus.....
Tags : Delhi High Court, Paper Cutter, 'Deadly Weapon' u/s 397 IPC
Karnataka HC: Woman’s Alleged Illicit Relationship With Complainant’s Husband Not Cruelty(19.02.2024)
Karnataka High Court has held that the accused is not a family member or in-laws in order to be implicated under Section 498A of Indian Penal Code the.....
Tags : Karnataka High Court, S. 498A IPC, Cruelty
All. HC: Removing Body from Murder Scene to Another Place Doesn't Come U/S 201 IPC(29.12.2022)
Allahabad High Court has observed that removing dead body from the scene of the murder to another place does not come within the ambit of Section 201 .....
Tags : Allahabad High Court, Murder Scene, 201 IPC, Evidence
Gau. HC: Conviction Under Section 489B of Indian Penal Code Set Aside For Lack of Mens Rea(29.02.2024)
Gauhati High Court has set aside the conviction of a man under Section 489B of the Indian Penal Code, 1860 on the ground that no mens rea on the part .....
Tags : Gauhati High Court, Section 489B of IPC, Counterfeited Notes
SC: Words Spoken in Anger Without Any Intention to Abet Suicide, Not Criminal Instigation(04.03.2024)
Supreme Court has held that a word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be ins.....
Tags : Supreme Court, Mens Rea, Instigation, S. 106 of IPC
Charging People U/S 295 IPC for Questioning Superstitions Violates Articles 14 & 19: Bombay HC(18.09.2018)
Bombay High Court has ruled that charging people under Section 295 of Indian Penal Code merely for questioning superstition and traditional authority .....
Tags : Madras High Court, Superstition, IPC
Ker HC: If Accused Holds Joint Possession of Property Then No Offence of Criminal Trespass Attracted(19.03.2024)
Kerala High Court has held that in cases where there is a property in question which is held by the accused under joint possession then no offence of .....
Tags : Kerala High Court, Section 449 of IPC, Joint Possession, Criminal Trespass
SC: Creating Enmity & Disharmony Between Two Communities Necessary for Offence Under Section 153 IPC(22.03.2024)
Supreme Court has held that to constitute an offence under Section 153 of the Indian Penal Code (IPC) words spoken or written must create enmity betwe.....
Tags : Supreme Court, Enmity, Disharmony, Section 153 IPC
SC: Section 34 IPC Not Applicable When Outcome is Remote, Unconnected with Common Intention(28.02.2022)
Supreme Court observed that Section 34 of the Indian Penal Code, 1860 does not attract when the final outcome or offence committed is distinctly remot.....
Tags : Supreme Court, Offence u/s 34 IPC
Kar. HC: Cannot Prosecute Second Spouse or Their Family for Bigamy Under Section 494 IPC(28.03.2024)
Karnataka High Court has held that only a husband or wife who gets married for the second time during the lifetime of the first spouse shall be prosec.....
Tags : Karnataka High Court, Bigamy, Section 494 IPC
Complaint Need Not be Filed U/S 498A IPC by Woman Subjected to Cruelty Herself: SC(01.05.2019)
Supreme Court has held that Section 498A of Indian Penal Code does not contemplate that complaint for offence under Section 498A should be filed only .....
Tags : Supreme Court, Cruelty, Section 498A IPC
Del HC: Abetm. of Suicide’s Trial Can’t Solely be Based on Mention of Person's Name in Suicide Note(11.04.2024)
Delhi High Court has held that mere mention of the name of certain individuals in the suicide note, stating therein that they are responsible for his .....
Tags : Delhi High Court, Suicide Note, Abetment of Suicide, Section 306 of IPC
SC: Rs. 5 Lakh Cost Imposed on Wife’s Father for Lodging Fake Cases at Diff. Places Against Husband(22.04.2024)
Supreme Court has imposed a cost of Rs. 5 Lakh on the wife’s father for filing false cases under Section 498A of the Indian Penal Code, 1860 at differ.....
Tags : Supreme Court, Section 498A of IPC, Fake Cases
All HC: No Bar on Anticipa. Bail to Accused Booked u/s 376(3) IPC through UP Amend. to S. 438 CrPC(15.05.2024)
All. HC has held that the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018 through which provision of anticipatory bail has been revived in.....
Tags : Allahabad High Court, S. 376(3) IPC, S. 438 CrPC
Kerala High Court: Power to Add Charges Remains With Court, Can’t be Done at Behest of Parties(16.05.2024)
Ker. HC has held that request for addition of the charge under Section 370 Indian Penal Code, 1860 (IPC), as it stood prior to 2013, cannot be made at.....
Tags : Kerala High Court, S. 370 of IPC, Addition of Charge
SC: Can’t Charge Friends/Relative for Offence of Bigamy by Mere Presence in Second Marriage(17.05.2024)
SC has observed that perusal of the penal provision would indicate that order framing charge against friends/relatives for bigamy is erroneous because.....
Tags : Supreme Court, Section 494 IPC, Bigamy
SC: Conviction for Stalking Quashed Due to Marriage Between Convict and Complainant(20.05.2024)
The conviction of a man for offence of stalking under Section 354D of the Indian Penal Code, 1860 was quashed by the Supreme Court on the ground that .....
Tags : Supreme Court, Section 354D of IPC, Stalking
P&H HC: Section 377 IPC Attracted When Penetration With Sexual Intent Happens on Any Part of Body(07.03.2022)
Punjab and Haryana High Court has held that this offence is attracted even in a situation where the penetration happens to be on any other part of the.....
Tags : Punjab and Haryana High Court, Section 377 IPC, Sexual Intent
Gujarat HC: Father Removing Child from Mother's Custody Not Kidnapping(10.03.2023)
Gujarat High Court while observing that father of a child is natural and lawful guardian, has held that removal by him of his son from his mother is n.....
Tags : Gujarat High Court, Kidnapping, IPC
SC: Can’t Apply Section 498A IPC Mechanically in All Cases of Ill-Treatment by Husband(06.05.2024)
SC has observed that in all cases, where the wife complains of harassment or ill-treatment, Section 498A of the Indian Penal Code, 1860 cannot be appl.....
Tags : Supreme Court, Section 498A IPC, Ill-Treatment, Cruelty
Ker. HC: Court Can Even Quash Criminal Proceedings u/s 376 of IPC by Invoking S. 482 of CrPC(25.06.2024)
Kerala High Court has observed that, in exceptional circumstances Court by exercising its inherent jurisdiction under Section 482 of Code of Criminal .....
Tags : Kerala High Court, S. 482 of CrPC, Inherent Jurisdiction, S. 376 of IPC
Ori. HC: Refusing to Marry Girl After Engagement Doesn’t Constitute Offence Under Section 306 of IPC(26.06.2024)
Ori. HC has observed that refusing to marry a girl after engagement does not constitute an offence of abetment of suicide under Section 306 of IPC. Su.....
Tags : Orissa High Court, S. 306 of IPC, Mens Rea
All. HC: Causing ‘Annoyance to Others’ A Prerequisite to Invoke Section 294 of IPC(31.05.2024)
Allahabad High Court has observed that in order to invoke Section 294 of the Indian Penal Code, 1860, mere performance of an obscene act is not suffic.....
Tags : Allahabad High Court, S. 294 of IPC, Obscene Act
Calcutta High Court: Under Section 354A IPC, Only Men Can be Prosecuted(29.07.2024)
Calcutta High Court has held that, it can be safely accepted that a female cannot be an accused under Section 354A of the IPC, 1860 as is evident from.....
Tags : Calcutta High Court, S. 354A of IPC, Gender Specific
Karnataka HC: Merely Inciting Feelings of One Community Cannot Attract Offence of Section 153A IPC(12.10.2020)
Karnataka High Court has quashed a First Information Report under Section 153A of the Indian Penal Code, 1860 observing that "merely inciting the feel.....
Tags : Karnataka High Court, Offence of Section 153A IPC
Chhattisgarh HC: No FIR Can be Registered for Offence Under Section 188 of IPC(14.10.2020)
Chhattisgarh High Court has held that the police cannot register a First Information Report for the offence under Section 188 of the Indian Penal Code.....
Tags : Chhattisgarh High Court, FIR for Offence u/s 188 IPC
Uttarakhand HC: Can’t Hold Husband Guilty for Unnatural Sex Under Section 377 of IPC(22.07.2024)
Utt. HC has held that Exception 2 to Section 375 IPC cannot be taken out from it while reading Section 377 IPC in relation to husband and wife. If an .....
Tags : Uttarakhand High Court, Unnatural Sex, S. 375 IPC, S. 377 IPC
Bom. HC: Can’t Include Allegations of Ill-treatment by Man Against his Family u/s 498A of IPC(23.07.2024)
Bombay High Court has held that allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section.....
Tags : Bombay High Court, S. 498A of IPC, Ill-treatment
Madras High Court Stays SIPCOT’s Order Cancelling Land Allotment(09.10.2018)
Madras High Court has ordered an interim stay on the cancellation order passed by SIPCOT against land allotment to Vedanta Group’s copper smelter unit.....
Tags : Madras High Court, SIPCOT