Search Results for Tag : IPC
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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