Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by accused, which must be in close proximity to the commission of suicide by deceased...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Mere allegation of harassment of deceased by another person would not suffice unless there is such action on the part of accused which compels the person to commit suicide...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - If acts and deeds are only of such nature which accused intended nothing more than harassment or a snap-show of anger, a particular case may fall short of offence of abetment of suicide - However, if accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - There is a clear gap of over a month between incident and commission of suicide - Prosecution has failed to prima facie establish that appellants had any intention to instigate or aid or abet deceased to commit suicide - No doubt that a young woman of 25 years has lost her life in an unfortunate incident -..........
Indian Penal Code, 1860, Section 193, 199, 200 -- Offence u/ss 193, 199, 200 - Offences were allegedly committed before a Tribunal - Tribunal is not defined as a Court - Therefore, it was not empowered to entertain such an application as prescribed under the law u/ss 195 r/w S.340 Cr.P.C - Only route available for appellant was to file a private complaint and Tribunal..........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Presence of informant or any person authorised by him or her is obligatory at the time of hearing of application for bail in an offence u/s 376(3), 376AB or S.376DA or S.376DB of IPC...........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Rape - Complainant was aware that petitioner was not interested in marriage but still continued the relationship being a major aged about 25 years at the time of incident - There is no allegation in the FIR/Charge sheet about any promise of marriage at the outset of their relationship in the year 2013 - No allegation..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Presence of dowry demand is not a prerequisite for establishing cruelty u/s 498-A IPC...........
