Indian Penal Code (IPC, Hindi: भारतीय द ड संिहता) is the main criminal code of India. Section 384 IPC contains the penalty for extortion whereas Section 385 of IPC entails the punishment for an attempt to commit extortion. Important Case Laws in Section 306: 1.) Twitter. The laws related to Extortion have been entailed in Section 383- 389 of IPC. Cases laws on Death Sentence (When Death Sentence has been Commuted to Life Imprisonment) (1) Om Prakash v State of Haryana. abduction-types, case laws-lawnn.com. Without knowledge or intention, there can be no abetment and the knowledge and intention must relate to the act said to be abetted, i.e. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. (Article by ClearIAS Team. May 10, 2018. Under sections 499 … Sunday, 27, Dec, 2020 Daniel Pearl Case: U.S. expresses ‘deep concern’ over Pakistan Court's ruling In case no intention can be imputed to the accused, the offence will not come within the purview of Section 354B IPC. Word, gesture or act intended to insult the modesty of a woman Sec.509 IPC 30. A warehouse used to store goods, which the taxpayer imported and exported, was not an industrial building. II SEM. The law offers certain defenses that exculpate criminal liability. suicide, in this case. By LAWNN.COM. Both Sections have been used for over a century to punish those disobeying orders issued for containing epidemics. There came Criminal Amendment Act, 2013, major changes were made in relation to trafficking made to section 370 of IPC and the newly added section 370 A. In the case of Om Prakash v State of Haryana, the accused named Om Prakash was guilty of seven murders, thereby the Sessions court held him guilty under Section 302 of IPC, which was upheld by the High Court of Punjab and Haryana. The definition of ‘Extortion’ is given under Section 383 of IPC. Knowledge How to Improve Study Skills: An Ultimate Guide To Know. Only involuntary intoxication is taken as a defence under IPC and voluntary intoxication is not exempted. The remedy for a civil defamation is covered under the Law of Torts. Sedition – Section 124A of the IPC GS2 – Significant provisions – Fundamental Rights. Chitresh Kumar Chopra v State( Govt. The offence is Cognizable, non-compoundable and non-bailable. The High court convicted the child under section 326 of IPC based on the circumstances revolving around the crime. Section 499 of IPC provides that whoever by words, spoken or written or by sign or by visible representation, makes or publishes any imputation concurring any person invading to harm or knowing or having reason to believe that such imputation will harm the reputation of such person is said, except in the case of hereinafter accepted, to defamed that person. The Indian Penal Code (IPC) is the official criminal code of India.It is a comprehensive code intended to cover all substantive aspects of criminal law.The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay. Here are a few landmark judgments to further illustrate in Section 306. There are two sections dealing with the intoxication laws in India that is Section 85 and Section 86 of IPC. What is section 498A of IPC :-Indian Penal Code 498A, 1983 is a criminal law which states that,“Whoever, being the husband or the relative of the husband of a woman, subjects woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Bogus websites , Cyber Frauds Sec .420 IPC 32. In the state of Jammu and Kashmir, the IPC is known as Ranbir Penal Code (RPC). Justice Verma Committee was set up after the after math of the tragic Delhi gang-rape incident. The test has been laid to see if a person is liable for the offence or not, i.e., is a foreseeability test. In a civil defamation case, a person who is defamed can move either high court or subordinate courts and seek damages in the form of monetary compensation from the accused. These defenses are based on the premise that though the person committed the offense, he cannot be held liable. After independence, Indian Penal Code was inherited by Pakistan (now called Pakistan Penal Code) and Bangladesh, formerly part of British India. It is a comprehensive code intended to cover all substantive aspects ofcriminal law. In one of the cases Delhi Sessions Court held that the bare reading of Section 354B IPC reflects that only if the accused has the intention to disrobe the victim or compel her to be naked then only Section 354B IPC is attracted. This page shows a summary of relevant case law. IPC section 302 punishment for murder: If the person commits murder shall be punished with death, or imprisonment for life and shall also be liable to fine. The provision of Dowry Death was added in the Indian Penal Code, 1860 in 1986 vide Criminal Law (Amendment) Act 43 of 1986. The case involved a charge of section 376 of the Indian Penal Code, which is an offence of rape. Sending threatening messages by e-mail Sec .503 IPC 29. It was drafted in 1860. Sending defamatory messages by e-mail Sec .499 IPC 31. The original Penal Code did not have any provision for dealing with death caused by negligence. Section 268 is a definitive section for criminal act of public nuisance. Some incidents from the past and present prove that Section 124A is being misused to stifle dissent and criticism. As mentioned in Section 268 IPC “A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. The code was drafted in … Class –LL.B (HONS.) Abduction: Types And Important Case Laws- IPC I LAWNN. Legal Provisions Regarding Insanity, Section 84 of IPC – Explained! LAWNN.COM-December 21, 2020 0. Section 370 of IPC has been totally reframed by the amendment Act. How to Improve Study Skills: An Ultimate Guide To Know Many students pile up their work till the last … Yes. The SC caveat, given in Kedar Nath case, on prosecution under the law can check its misuse. Cyber Law in India 28. E-mail Spoofing Sec .463 IPC 33. It had ruled that tendency to disturb public order was an essential element under Section 124A. Making a false document Sec.464 IPC 34. In Niharendu Dutt’s case [6], for sedition, the Federal Court had taken chance to interpret the Section 124A of the IPC in alignment with British Law. Overview. 2135. Critical Analysis of Grievous Hurt Section 320, 326, IPC: A Case Law offence was committed in the year 1997 and the accused- appellant is now said to be 63 years of age, Supreme This section involves crimes perpetrated with the knowledge of causing death but without any intention of doing the same. Pinterest. In this case, a 12-year-old boy along with two other people was convicted of murdering a person. Given the legal opinion and the views of the government in favour of the law, it is unlikely that Section 124A will be scrapped soon. There were two other accused but … Criminal cases are not compoundable except in case of exceptions as per Section 320 Cr.PC of IPC UNIT-I GENERAL . Section 370 of IPC, 1860 . The Indian penal Code, 1860 provides an opportunity for the defamed person to file a criminal case against the accused. Sections 76 to 106 of the IPC cover these defenses. Section 304 of IPC deals with the provision of culpable homicide not amounting to murder. Subject – IPC 3 3. Share. MCCAULEY ïS DRAFT BASED ESSENTIALLY ON BRITISH NOTIONS Indian Penal Code (IPC) is the main criminal code of India. The Privy Council held that the incitement to violence or a tendency to disturb public order was not necessary under section 124A. The Punishment is provided in section 290 which is only fine of Rs up to 200/-. Maco Door & Window Hardware (UK) Ltd v Revenue and Customs Commissioners 2008 STC 2594. WhatsApp. Dowry Death – Section- 304-B IPC. “It is settled law that under Section 498A of IPC, every cruelty is not an offence.” With regard to abetment, Court stated that, in order to amount abetment, there must be mens rea or community of intention. However, the section should not be misused as a tool to curb free speech. 2. Article shared by. To view the section of legislation to which the case law applies, click the link below: Return to Section 268; Case Law. This section 504 IPC deals with cases where a person intentionally insults other person to provoke breach of peace. Must read. The 12-year-old had struck the neck of the deceased with a sword and ran away after the act. Section 124A of the Indian Penal Code covers Sedition. Section 124A is considered as a ‘reasonable restriction on right to free speech’. 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