Search Results for Tag : Mens Rea

Judgments

Conviction under Section 306 of Indian Penal Code, 1860 can be sustained only on positive act on part of accused to instigate or aid in committing suicide(06.03.2017)

In facts of present case, Applicant submits that, even reading of suicide note as it is, it does not disclose any grudge and grievance against presen.....

Tags : Mens rea, Proceedings, Validity

CESTAT: Department's proclivity to raising purely interpretational disagreement(29.07.2015)

The CESTAT held that since no licence fee was payable nor was paid by customers to Oracle India (nor was any payable or paid by Oracle India to Oracle.....

Tags : customs, mens rea, non-commercial, interpretation

News

P&H HC: Unjust to Hold Driver Guilty of Offence Involving Moral Turpitude in Absence of Mens Rea(17.04.2023)

Supreme Court while observing that road accidents are often result of an error of judgment or mechanical failures or on account of fault of other vehi.....

Tags : Supreme Court, Mens Rea, Road Accident, Moral Turpitude

Patna High Court: 'Mens Rea' is Must for ‘Negligence’ to Amount to Offence(25.07.2023)

Patna High Court while quashing criminal proceedings against a doctor, who was accused of negligence during a hysterectomy in 2012 has observed that f.....

Tags : Patna High Court, mens rea

Blast from the Past

Terrorist laws cannot curtail or erode a person of the fundamental rights(11.03.1994)

Terrorism, and the outpouring of solidarity in the aftermath, may have a lay understanding today, but an appreciation of laws that enable a response i.....

Tags : Terrorism, confession, mens rea, abetment

Cal HC: Criminal Prosecution Can’t be Concluded Unless Fraudulent Intention Shown from Beginning(10.05.2023)

Calcutta High Court while quashing a criminal proceeding has held that mens rea is the crux of the offence and criminal prosecution for criminal breac.....

Tags : Calcutta High Court, Mens Rea, Dishonest Intention

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

HC can’t Examine Mens Rea Aspect Before Completion of Investigation: SC(29.11.2018)

Supreme Court has observed that before an investigation is complete, a high court, in a petition filed by the accused under Section 482 CrPC, can not .....

Tags : Supreme Court, Mens Rea

P&H HC: Unjust to Hold Driver Guilty of Offence Involving Moral Turpitude in Absence of Mens Rea(17.04.2023)

Punjab and Haryana High Court while observing that road accidents are often result of error of judgment or mechanical failures or on account of fault .....

Tags : Punjab and Haryana High Court, Mens Rea, Road Accident, Moral Turpitude

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

Supreme Court: HDFC Bank is a Juristic Person, Question of Mens Rea Does Not Arise(23.10.2024)

SC while quashing a criminal case against HDFC Bank Ltd. for violating IT Dept. order, has stated that the bank is a juristic person and question of m.....

Tags : Supreme Court, Mens Rea, Juristic Person