Showing : 3761-3770 of 5756 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 109, 114-- Distinction between two provisions - S.114 applies where a criminal first abets an offence to be committed by another person, and is subsequently present at its commission - Active abetment at the time of committing the offence is covered by S.109, and S.114 is clearly intended for an abetment..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Right of - It is a right of defence, not of retirbutation, expected to repel unlawful aggression and not as retaliatory measure - It should not be allowed to be pleaded or availed as a pretext for a vindictive, aggressive or retributive purpose of offence - A right to defend does..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 109-- Abetment - Act abetted means the specific offence abetted - Mere help in the preparation for the commission of an offence which is not ultimately committed is not abetment within the meaning of S.109 - 'Any offence' in the provision means offence punishable under the IPC or any Special or Local..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent - Meaning - A negligent act is an act done without doing something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do or act which a prudent or reasonable man would not do in the circumstances attending it - A..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Intention and knowledge to cause death - When any of these two elements is found to be present, S.304-A has no application...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Right of - In order to find whether right of private defence is available or not, the injuries received by the accused, the imminence of threat to his safety, the injuries caused by the accused and the circumstances whether the accused had time to have recourse to public..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Death by rash and negligent driving - Bus driven enormously at a high speed near a school and death caused of a 10 year boy - Conviction u/s 304 Part II IPC on the ground that when accused was driving bus at enormous speed near a school and acted with knowledge that it was likely to cause death -..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 304A-- Provision applies to cases where there is no intention to cause death and no knowledge that the act done in all probabilities will cause death - It applies only to such acts which are rash and negligent and are directly the cause of death of another person - Rashness and negligence are essential..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105-- Private defence - Right of - Right commences, as soon as a reasonable apprehension of danger to the body arises from an attempt, or threat, or commit the offence, although the offence may not have been committed but not until there is that reasonable apprehension - The right lasts so long as the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Right of - There is no universal rule that whenever the injuries are on the body of the accused persons, a presumption must necessarily be raised that the accused persons had caused injuries in exercise of the right of private defence - The defence has to further establish that..........

Showing : 3761-3770 of 5756 Results