Showing : 91-100 of 153 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 95(1)-- Forfeiture of a publication - It is not the requirement of law that all requirements of the punishing sections including mens rea should be fully established - The requirement of the provision is that the ingredients of the offence should appear to the Govt. to be present...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 153A, Criminal Procedure Code, 1973, Section 95(1)-- Forfeiture of a publication - Offence u/s 153-A IPC - Intention to cause disorder or incite people to violence is the sine qua non of the offence u/s 153-A IPC - Prosecution has to prove prima facie the existence of mens rea on the part of the accused - Intention of the publication has to be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Customs Act, 1962, Section 135-- Fake currency notes - Recovery when accused entered India from Pakistan - Mens rea - Held, in such type of cases, it is not for the prosecution to prove mens rea on the part of the accused - Rather the presumption that the accused is guilty, operate against the accused...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227-- Abetment of suicide - Discharge of accused - Accused and deceased earlier having love affair - Accused persistently pushing his proposal to get married to deceased, but proposal did not materialize - Deceased in clear terms severed her relationship with accused and made clear to him that she no..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 500-- Defamation - Complaint against Chief Executive Officer of TV channel on allegation that news reader of TV channel while narrating reaction of complainant on murder of political leader said that complainant rebuked media in filthy language, lowering dignity of the complainant and thus defamed him..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 420-- Cheating - Mens rea - Allegation of cheating on account of dishonour of cheque - It was specifically stated in charge sheet that accused gave cheque fraudulently and dishonestly with a view to cheat respondent knowing fully well that there was not sufficient amount in his account - Held,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 420-- Cheating - Mens rea - It is a mixed question of law and fact - Absence of averment of mens rea - Court cannot expect complainant to speak about mens rea - It is for court to gather from evidence - Complainant cannot be thrown away at threshold for want of averments of mens rea...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 306-- For an offence u/s 306 IPC there has to be a clear mens rea to commit the offence - It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he committed suicide...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 107-- Abetment - In order to prove that the accused abetted commission of suicide by a person, it has to be established that: (i) the accused kept on irritating or annoying the deceased by words, deeds or wilful omission or conduct which may even be a wilful silence until the deceased reacted or pushed..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Indian Penal Code, 1860, Section 405-- Criminal breach of trust - Breach of trust simpliciter involves a civil wrong - However, a breach of trust with mens rea gives rise to a criminal prosecution as well - Element of `dishonest intention' is therefore an essential element to constitute the offence of criminal breach of trust - The..........

Showing : 91-100 of 153 Results