B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment. Illustrations A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. It was submitted by him before the High Court that the dispute between him and the complainant has been settled amicably and therefore the proceedings must be quashed. A knowingly disobeys the order, and thereby causes danger of riot. Hence, the omission to mention section 34 in the charge had only an academic significance, and has not in any way misled the accused; Rawalpenta Venkalu v.
The intention and knowledge of the act being done is one of the major factors that is used to decide conviction under section 307 but it is not the only factor. Voluntarily causing hurt to extort confession, or to compel restoration of property Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, shall also be liable to fine. Having possession of instrument or material for counterfeiting Government stamp Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation I For the purposes of this section, the word scurrilous shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person: Provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of— i a public servant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further; or ii any person touching any public question, and respecting his character, so far as his character appears in that conduct and no further. When it is evidentially proved that accused were participating in loot and murder during transaction of offence, each of them is liable to be punished under section 396; Kunwar Lal v. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. That is in some cases the courts have ruled that even if the weapon used was dangerous but caused a simple wound, there would be no conviction under section 307 and in another case the court rules that even if no injury is caused the accused can be convicted if intention to kill is proved. Apart from the above, there was another wound 4 x 1 cm. A rash act is primarily an overhasty act. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. On 21-7-1997, the said person again telephoned him from Dubai. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object.
Injury which is likely to cause death and injury which is sufficient in ordinary course of nature to cause death i Accused inflicted 18 injuries in the arms and legs of the deceased with a gandasa. It is imperative to note that there is difference between rashness and negligence. Here A and B intentionally co-operates in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate. Wrongful confinement for three or more days Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Fraudulent use of false instrument for weighing Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment or either description for a term which may extend to one year, or with fine, or with both. Held accused exceeded right of private defence; Amar Singh v.
A has committed no offence. But in view of the social object of preventing social victimization or ostracism of the victim of a sexual offence for which section 228A has been enacted, it would be appropriate that in the judgements, be it of Supreme Court, High Court or lower court, the name of the victim should not be indicated; State of Punjab v. What is Attempt to murder? State of Andhra Pradesh, 1997 4 Supreme 214. An offence which is not a bailable offence is a non-bailable offence. In addition, a whole of cash is to be deposited to guarantee his appearance under the steady gaze of the Court, which generally stands relinquish. As per the section, if a person does any act with such intention or knowledge that, if the act were to be done sucessfully, he would cause death and would be guilty of murder, such a person can be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine, if the Court deems fit.
भारतीय दंड सहिंता की धारा 307 जब कोई इंसान किसी दूसरे इंसान की हत्या की कोशिश करता है. Explanation A person commits this offence who intending to practice deception, or knowing it to be likely that deception will thereby be practiced, causes a genuine coin to appear like a different coin. A has given in false evidence. Aggrieved by the aforesaid conviction and the sentence imposed, the appellant has filed the present appeal. He whipped out a pistol and said that since Rajiv Roy had taken a confrontation with Abu Salem, he would be finished.
Ten days later, Rajiv Roy received another telephone call from Dubai and asked his operator to talk to the caller. The accused was armed with sword and had inflicted blows on the forehead, ear, back side of the head as well as on the left arm of the complainant. Kidnapping or abducting with intent secretly and wrongfully to confine person Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. The operator tape recorded the conversation which pertained to a demand of Rs. If it does cause an injury and therefore hurt, it is punishable with imprisonment for life. Secondly, the attack and the injuries caused are with a deadly weapon which could have caused death if attack was fully successful.
Punishment On considering special facts of the case, i. Cheating and dishonestly inducing delivery of property Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Suicide is never to be presumed. Explanation 2 A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. The intended victim ate some of the sweets and threw the rest away which were picked up by two children who ate them and died of poisoning. It is sufficient in law, if there is present an intent coupled with some overt act in execution thereof.
Illustrations a A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. Explanation A person commits this offence who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination. Refusing to answer public servant authorised to question Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Police usually book a person under various charges. Commencement and continuance of the right of private defence of the body The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues. In this case, you've mentioned that there are injuries caused on the neck, which is a vital part of the body.