However, the High Court will exercise it sparingly and with utmost care and caution. 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. Explanation A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section. It has been extended under Section 5 of the same Act to the Lushai Hills, see Gazette of India, 1898, Pt. Added by Act 3 of 1894, sec. The imputability arises from the neglect of the civic duty of circumspection.
You have a solid defence. Learned counsel submitted that the compounding provision therefore is to be made applicable mutanis mutains in the the offences punishable under section 279 of the I. Hiring, or conniving at hiring, of persons to join unlawful assembly:Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence. Act of Judge when acting judicially Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law. The intention and knowledge are the matters of inference from totality of circumstances and cannot be measured merely from the results; Ansarudin v.
Obstructing public servant in discharge of public functions:Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. And I hereby direct that you be tried by this Court on the said charge. Fraudulent use of false weight or measure:Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Both of them were waiting for the bus near the platform of stone near the bus stop which is situated at Bengi to Kasheli road. Blood stained article Presence of blood stains on floor of room of house and the shawl by themselves are not such circumstances to establish the guilt of accused, grant of benefit of doubt proper; Ramesh Chandra Sao v.
A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. Commencement and continuance of the right of private defence of property:The right of private defence of property commences when a reasonable apprehension of danger to the property commences. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly. C which are compoundable under sub section 1 of section 320 of the Code start from section 298 of the I. Illustrations a A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z, A has committed an assault.
He is not sure as to when he recorded the statements of witnesses. Hello All, I was met with an accident on 10th of october 2009. Fraudulent claim to property to prevent its seizure as forfeited or in execution:Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Punishment of criminal conspiracy 1120B. Explanation Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.
In order that an act, done with such knowledge, should constitute murder, it is necessary that it should be committed without any excuse for incurring the risk of causing the death or bodily injury. . A has committed no offence, though he knew it to be likely that the communication might cause the patient's death. In Annasahels Bandu Patil v. Furnishing false information Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, 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; or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both. The act of compounding the offence is always bilateral and not unilateral.
Now see the Navy Act, 1957 62 of 1957. The question truly falls for determination on the facts and circumstances of each case; Thakorilal D Vadgama v. A has committed the offence defined in this section. The mere fact that she became obedient to all the instructions of Sivarasan, need not be used for treating her conduct as amounting to rarest of the rare cases. Punishment The punishments to which offenders are liable under the provisions of this Code are— First. Dishonestly or fraudulently preventing debt being available for creditors:Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Hence this petition is filed to set aside and quash the proceedings under section 482 of the Cr.
Liability of person for whose benefit riot is committed Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land, respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit there from, such person shall be punishable with fine, if he or his agent of manage, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same. Acts done by several persons in furtherance of common intention. This is murder, in as much as the provocation was given by a thing done in the exercise of the right of private defence. . If a date for hearing has been assigned to you by the court then engage a lawyer so that this is given a burial. Z has committed an offence under this section. A, intending to cause Z's death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death.
A knows that this person can direct him to the person in whose favour the cheque was drawn. And I hereby direct that you be tried by this Court on the said charge. Archived from on 11 May 2014. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt,if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.