case laws sections Flashcards
culpable homicide amounting to murder
300
culpable homicide not amounting to murder
299
exceptions for section 300
grave and sudden provocation
exceeding the right to private defence
public servant exceeding his powers
sudden fight
death by consent
difference between murder and culpable homicide discussed in
Reg v Govinda
culpable homicide is the genus and murder is the specie
rampal singh v state of UP
grave and sudden provocation case law
KM Nanavati v State of Maharashtra
culpable homicide punishment
under 304
with intention: life imprisonment, up to ten years plus fine
with knowledge: life imprisonment, up to ten years or fine or both
two types of kidnapping
sec 359
kidnapping from india
360
kidnapping from lawful guardianship
361
abduction
362
diff between abduction and kidnapping
abduction has an element of force and/or deceit
when is abduction an offence
when it is combined with intent (364-369)
to murder, for ransom, to confine a person, to compel a woman for marriage, subject to grievous hurt or slavery, abduct a child to steal from their person
extortion (sec + definition)
section 383
intentionally put any person in fear of injury to that person or to any other and thereby dishonestly induces the to deliver to any person any property, or valuable security
Valuable security defined under
sec 30
document related to a legal right
injury which sec
44
illegal harm to person in body mind reputation or property
extortion punishment
three years, fine or both
tukaram v state of maharashtra
custodial rape case
said girl didnt resist and is habituated to sex so its not rape
resulted in criminal law amendment act 1983
burden of proof of proving consent was there is on the accused
custodial rape bought under the purview of rape disclosing the identity of the victim is punishable (S. 228 A)
Nirbhaya case
resulted criminal law (Amendment) Ordinance, 2013
based on the recommendations of Justice Verma committee
increased punishments for rape, increased punishment for voyeurism, acid attacks etc
stricter provisions for registering complaints for rape
bill of rights for women which gives dignity and respect to women for their sexual choices
Kathua rape case
resulted in criminal law amendment 2018
harsher punishment for rape, min punishment increased from 7 to 10 years
gang rape below 16 life imprisonment
below 12- min 20 years up to death penalty
provisions for speedy trial and appeals
no provision for anticipatory bail
if diff punishments in ipc and pocso then higher punishment will be given
rape section
375
inclusion of all kinds of penetration
Sakshi v UOI
punishment for rape
376
10 years to life imprisonment
rape of minor- 20- life and fine paid to victim
common intention
sec 34
common object
sec 149
common intention case
barendra kumar ghosh v king emperor (post masters case)
Acts done in furtherance of common intention is also common intention
shankar lal v state of gujrat
on spot meeting of minds
krishna govind v state of maharashtra
similar intention not the same as common intention
pandurang v state of Hyderabad
if common intention is not there what applies
sec 38
unlawful assembly
sec 141
pre concert of minds is not required in unlawful assembly
moti das v state of bihar
mistake of fact (bound by law)
76
justified by law to do an act
79
accident plus case law
80
jogeshar v emperor (baby punching case)
necessity sec
81
doli incapax
82
doli capax
83
doli capax case law
ulla mahapatra v king
act of a person of unsound mind
sec 84
M’Naughten case
man was delusional, killed secretary of PM
medical evidence of legal insanity required
man will be assumed to be sane unless proven otherwise
intoxication caused against his will
85
offence requiring a particular intent or knowledge committed by one who is intoxicated
86
act done on person without their consent but in good faith (eg doctors)
92
volenti non fit injuria
87
Private defence case law
Munney Khan v State
cant exercise private defence if there is sufficient time
should be reasonable apprehension of hurt
force used should not be more than reasonable required
force used should not be more than reasonable required
Rafiq v state of Maharashtra
nothing is an offence which is done in the right of a private defence
sec 96
right to priv defence over body and property
97
priv defence against person of unsound mind
98
acts against which there is no right to private defence
99
private defence of body amounting to death
100
private defence of property amounting to death
103
right to private defence against deadly assault when there is risk to an innocent
106
Hurt defined and essentials
319
bodily pain, disease and infirmity
punishment for hurt
323
324 by dangerous weapon
grievous hurt defined
320
punishment for grievous hurt
325
326 by dangerous weapon
grievous hurt conditions
emasculation
loss of eyesight
loss of hearing
privation of any member of joint
destruction or permanent impairing of the power of any member or joint
permanent disfiguration of head or face
fracture of bone or tooth
endanger life or severe pain and not able to do daily functions for 20 days
very thin line b/w grievous hurt which endangers life and culpable homicide
laxman v state of maharashtra
which section defines person
section 11
criminal conspiracy
sec 120
IPC enacted
6th oct 1860
IPC enforced
1st Jan 1862
death only in the rarest of the rare cases
bachhan singh v state of punjab
essentials of a crime
person
mens rea
actus reas
injury
stages of a crime
intention (not punishable)
Prep (not punishable as a general rule)
Attempt (punishable)
Commission (Punishable)
what prep stages are punishable
wage war, counterfeit coins and stamps, manipulating wealth, dacoity, possession of false documents
inchoate offences
attempt, criminal conspiracy, abetment
there is an element of encouragement or support when there are more people (case law)
Devendar Pal Singh v State NCT of Delhi
Abetment
section 107
very thin line between prep and attempt
abhaynand mishra v state of bihar
tests of attempt
proximity test
Locus poenitentiae test
equivocality test
attempt to do an impossible act
social danger test
proximity test case
state of maharashtra v mohd yakob (how close you are t committing the crime)
locus poenitentiae test case
Mulkiat singh v state of punjab
(backing out at the last moment)
Equivocality test
indicated unequivocally the criminal intention to accomplish the criminal object
abhaynand mishra v state of bihar
attempt to do an impossible act
still punishable
social danger
attempt that affects the society at large
eg- abortion w/o permission
essential ingredients of extortion case law
Dhananjay v state of bihar
offences against property which chapter
11
theft defined under
378
one need not take the property out of possession permanently, even if they intended to return it later it is theft (case law)
Pyare Lal Bhargava v State of Rajasthan
essentials for theft case law
KN Mehra v State of Rajasthan
essentials of theft
accused must have intention to take property away from the victim
property should be movable
property must be taken out of possession with dishonest intention
act of taking away must be done without consent of the person
property to actually be moved
criminal misappropriation of property
sec 24
intentional conduct that causes unlawful gain or loss to another person
define misappropriation
appropriation of property with dishonest intent for the purpose of capitalising it for one’s own benefit
this evolved from the concept of theft
essentials of criminal misappropriation of property
intention to deceive
must use it for personal use
complainant owned the movable property
punishment for criminal misappropriation of property
403
Robbery
sec 390
two types
theft that turns into robbery and extortion that turns into robbery
punishment for robbery
392
dacoity
391
when 5 or more people commit or attempt to commit robbery
in a dacoity the persons should be acting conjointly
Om Prakash v State
abetment defined in which case
sanju v state of madhya pradesh
aid, assist, give aid, to order, obtain, or counsel, or encourage etc someone to commit a crime
group liability
149
