The burden of establishing the plea of self-defence is on the accused and the burden stands discharged by showing preponderance of probabilities in favour of that plea on the basis of the material on record; Rizan v. Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine. In particular, allegations regarding demand of dowry as a condition precedent for performance of Nikah between the complainant's nephew and Ms Aliya-appellant No. Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Joseph Mingel Koli, 1997 2 Crimes 228 Bom. . Illustration A concerts with B a plan for poisoning Z.
Personating a public servant Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder. Imprisonment for 7 years and fine Non-Cognizable Non-cognizable Magistrate of the first class If punishable with imprisonment for life or with imprisonment for 10 years. A dishonestly sells the goods. Illustrations a A shoots Z with the intention of killing him. Rioting Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.
The Supreme Court held that, if it was natural death, there was no need for the appellants to act in such unnatural manner and cremate the body in great and unholy haste without even informing the parents. It is agreed that A shall administer the poison. Joseph Mingel Koli, 1997 2 Crimes 228 Bom. Non-Cognizable Bailable Triable By: 1. Resistance or obstruction by a person to his lawful apprehension Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Explanation 1 A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.
Cognizable or Non-cognizable :Cognizable Bailable or Non-bailable :Bailable. If offence charged be capital or punishable with imprisonment for life. True it is, the restriction does not relate to printing or publication of judgment by High Court or Supreme Court. The said decision came up for consideration before a three-Judge Bench of this Court in M. A plain reading of the above would show that there is a legal bar to any Court taking cognizance of offences punishable under Sections 193 to 196 both inclusive , 199, 200, 205 to 211 both inclusive and 228 when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court except on a complaint in writing, of that Court or by such officer of the Court as may be authorised in that behalf, or by some other Court to which that Court is subordinate.
A administers the poison; Z dies in consequence. Here A takes dishonestly; A has therefore committed theft. A is punishable under this section. Now see the Navy Act, 1957 62 of 1957. But A has the same right of private defence which he would have if Z were sane.
The plea was not sustained and it was held that the complainant had been subjected to indignity although the Court took a lenient view of the matter by merely admonishing the accused; Kishori Mohan v. Putting person in fear of injury in order to commit extortion Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. However there is a clear distinction between a false charge falling under Section 211 and false information given to the police falling under Section 182. According to Para 3 — Court of Session. Illustration A gives false evidence before a Court of Justice intending thereby to cause Z to be convicted of a dacoity. B kills Z with the knife.
Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered. Therefore, from an understanding of the legislative intent of section 300, I. Description of imprisonment for non-payment of fine The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence. The photograph was neither shown to the complainant nor published. Specialist advice should be sought about your specific circumstances.
Explanation 1 A statement is within the meaning of this section, whether it is made verbally or otherwise. 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. State Amendments In section 273, State Amendments are the same as under section 272. Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion or any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Punishment for voluntarily causing grievous hurt Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment for committing affray Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both. 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. Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Here Z has caused change of motion to Z by inducing the animals to change their motion. Exception This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. But if a person has been charged, the court cannot drop it 17.