Ipc 409 case study. Section 409 in The Indian Penal Code 2019-02-21

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Sadhupati Nageswara Rao Vs. State of Andhra Pradesh

ipc 409 case study

It is advisable that a letter be written by the lawyer that at the time of his interrogation he should be allowed to meet him and his interrogation be made in his presence. False personation for purpose of act or proceeding in suit or prosecution Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both. Explanation 1 A statement is within the meaning of this section, whether it is made verbally or otherwise. A has committed no offence. Explanation 5 The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.

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Criminal Breach of trust Under IPC: A Critical Analysis

ipc 409 case study

Mens rea Mens rea is a legal phrase which used to define the mental state of a person while committing a crime and that should be intentional. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine. As the title to the offence itself suggests, entrustment or property is an essential requirement before any offence under this section takes place. For example, an ad manager should not complain directly to a restaurant critic whose review led an advertiser to cancel its account. Counterfeiting coin Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Communication made in good faith No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.


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Maximum punishment in Criminal 420 IPC case..

ipc 409 case study

A this enquiry is a stage of a judicial proceeding, A has given false evidence. Omission to produce document or electronic record to public servant by person legally bound to produce it. Illustration A sees Z commit what appears to A to be a murder. But complainant knowingly denying about the receipt of money and mentioning it as a mare receipt for skin saving. Explanation This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure.

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Section 409 in The Indian Penal Code

ipc 409 case study

Explanation It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. A has committed the offence defined in this section. He also pointed out that the prosecution failed to prove the fraudulent dishonest intention on the part of the appellant. It would be of great public interest to make a study whether Shri A. A is guilty of abetting B to commit murder.

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Embedded IoT Gateway

ipc 409 case study

Mischief by destroying, moving or rendering less useful a light-house or sea-mark Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Comments Allegations of conspiracy in committing murder by group of 30 to 40 persons even though a strong suspicion raised regarding involvement of respondent where incident led to murder, prosecution evidence inconsistent — reversal of acquittal was proper; State of Haryana v. This contention was rejected by the Andhra Pradesh High Court. She gives A money, food and clothes, which A knows to belong to Z her husband. Illustrations a A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. A is guilty of abetting that offence, and is liable to the same punishment as B.


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Criminal Breach of trust Under IPC: A Critical Analysis

ipc 409 case study

A has given in false evidence. Till now there was no order after that. Illustrations a A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. Abettor when liable to cumulative punishment for act abetted and for act done If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences. It should be of conclusive nature; Arvind v. Kidnapping or maiming a minor for purposes of begging.

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Section 420 IPC: Everything You Need To Know

ipc 409 case study

Orissa Section 292A Same as in Tamil Nadu. The offence under section 405 can be said to have committed only when all of its essential ingredients are found to have been satisfied. Punishment Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six month, or with fine, or with both. What are the chances of getting bail. There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.

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Section 409 of Indian Penal Code, 1860

ipc 409 case study

The accused searched him and found a bundle containing currency notes. The new standard brings clarity and serves as a communication method so everyone in the industry knows which parts are sensitive and in what ways they are sensitive, Krystek says. Illustrations a A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. The committee has helped solve a major problem. These are the panchsheel of a legal entrustment. The word likely in second clause of section 299 conveys the sense of probable as distinguished from a mere possibility.

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Case study: J

ipc 409 case study

Whoever, being a public servant,— a knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or b knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or c fails to record any information given to him under sub-section 1 of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind; he actually causes grievous hurt of another kind. Z is thereby prevented from passing. A power-of-attorney is a document. Using as true a certificate known to be false Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. Making or selling false weight or measure Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

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