Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Objectionable communication through phone between accused/wife and his friend - When one partner does such activity clandestinely, then it pre-supposes guilty mind - However, such an act or guilty mind cannot be substituted for mens rea as required u/s 107 IPC - Guilty mind is necessarily to be linked with..........
Indian Penal Code, 1860, Section 499 -- Defamation - Exception 8 - Accused circulated contents of letters to students, lecturers and colleges staffs to defame complainant alleging that they illegally earned one lakh by conducting coaching classes - However, imputations in published letters found substantially true - Requisite mens rea, intent, knowledge to satisfy offence..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 173(8), Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 8, Haryana Panchayati Raj Act, 1994, Section 53, Constitution of India, 1950, Article 243 -- Misappropriation of funds - Disciplinary proceedings - Interpretation of `misconduct' committed by Sarpanch or a Panch is to be seen..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Accused acquitted in a complaint filed u/s 138 of the Act with a categoric finding that accused was not under any legally enforceable debt or liability - Therefore, there was no mens rea on the part of accused to cheat or that he had any dishonest intention qua the..........
Criminal trial -- Criminal proceedings should not be encouraged when mens rea is lacking in issue involved and transaction between parties is one of civil nature...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Love affair between deceased and accused - However, their relationship was strongly disapproved by parents of deceased - Deceased was tormented as she felt that she would not be able to continue with her relationship with accused due to various..........
Indian Penal Code, 1860, Section 84, 302, 307, 374 -- Unsoundness of mind - Murder - Defence of insanity - Appellant charged of throwing two boys and one girl into well, out of which one boy and a girl were dragged out but one boy could not be traced - Evidence of doctors who treated accused stated that she was suffering from mental disease known as premenstrual stress..........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Mens rea is necessary ingredient of offence u/s 153-A of the Act - It is necessary that at least two groups or communities should be involved - Merely inciting feelings of one community or group without any reference to any other community or group cannot attract provision of S.153-A IPC...........
Indian Penal Code, 1860, Section 336 -- Offence u/ss 336 IPC - Vicarious liability - Neither in investigation nor in evidence of complainant it has come on record that Hospital or its directors were involved in larger conspiracy or that they committed the offence with requisite mens rea required for offence alleged - Impugned order of summoning and proceedings pursuant..........
Indian Penal Code, 1860, Section 294 -- Obscene words - Mens rea is essential part and if any word is uttered unintentionally it cannot be said that there is intention to commit any criminal act...........
