Local advocates don't know much about this section and procedure. By Which Court Triable :Magistrate of the First class Punishment :Simple imprisonment for 2 years, or fine , or both. Added by Act 20 of 1923, sec. Illustrations a A, under the influence of passion excited by a provocation given by Z, intentionally kills. 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. State Amendment Andhra Pradesh In Andhra Pradesh offence under section 298 is cognizable.
State of Orissa, 1997 2 Crimes 78 Ori. This means the case has to be filed where the opp. Right of private defence to cause death i Under what circumstances accused gave knife blow to the deceased could not be explained by accused, acquittal on ground of self defence not justified; State of Uttar Pradesh v. Section 17 of The Hindu Marriage Act, available at: , last accessed on 4th February, 2016. Consent known to be given under fear or misconception A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception ; or Consent of insane person if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or Consent of child unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.
Illustration A instigates B to murder Z. A has committed no offence. By Which Court Triable :Any Magistrate. Cognizable or Non-cognizable :Cognizable Bailable or Non-bailable :Non-bailable By Which Court Triable :Magistrate of the first class. Things done in private defence Nothing is an offence which is done in the exercise of the right of private defence. Magistrate of the First Class. 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.
Rarest of the rare cases i Undoubtedly brutality is involved in every incidence of murder but that brutality by itself will not bring it within the ambit of the rarest of the rare cases, for the purposes of the death penalty; Subhash Ramkumar Bina Vakil v. Cognizable or Non-cognizable :Cognizable Bailable or Non-bailable :Bailable. Cognizable or Non-cognizable :Cognizable Bailable or Non-bailable :Non-bailable By Which Court Triable :Magistrate of the first class. प्रथम श्रेणी के मेजिस्ट्रेट द्वारा। 3. Culpable homicide Who ever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Personation of a juror or assessor Whoever by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. That prayer was declined by the High Court who took the view that criminal proceedings before the Court became a criminal proceeding only when cognizance was taken and not before and since no proceeding was pending before the Court, the provisions of Section 195 1 b i were not attracted.
B refuses to accept the bribe. Dowry i Where the evidence revealed that accused—husband killed deceased—wife for not satisfying his dowry demand but nothing on record to show involvement of co-accused in-laws with the offence committed by the accused, co-accused in-laws are not guilty of offence under sections 304B; Patil Paresh Kumar Jayanti Lal v. Amount of fine Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. A knowingly disobeys the order, and thereby causes danger of riot. 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.
C is all that falls for determination. By Which Court Triable :Any Magistrate. Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Cognizable or Non-cognizable :Cognizable Bailable or Non-bailable :Bailable. 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. By Which Court Triable :Magistrate of the first class. Section 213 : Taking gift, etc.
The Legal Provisions The provisions regarding charge are contained in Sections 211 to 224 and 464 of the crpc. A this enquiry is a stage of a judicial proceeding, A has given false evidence. By Which Court Triable :Magistrate of the first class. However, those accused persons who came into the picture after the object of the criminal conspiracy, that is, assassination of a former Prime Minister of India, had been achieved, and they harboured and sheltered the main accused persons with full knowledge that they were involved in the assassination and also made efforts to destroy evidence were rightly convicted under section 212 of the Code. Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Giving false information respecting an offence committed. Wrongful confinement for ten or more days Whoever wrongfully confines any person for ten days, or more, shall be punished with imprisonment of either description for a term which any extend to three years, and shall also be liable to fine. Illustration b omitted by the A. Cognizable or Non-cognizable :Non-cognizable Bailable or Non-bailable :Bailable. Offence requiring a particular intent of knowledge committed by one who is intoxicated In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.