Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Ingredients to be established are : (i) committal of an offence; (ii) person charged with the offence under Section 201 must have the knowledge or reason to believe that an offence has been committed; (iii) person charged with the said offence should have caused disappearance of evidence and (iv) the act should..........
Indian Penal Code, 1860, Section 375, 90 -- Sexual relationship - Consent - Promise to marry - If at the very inception of making of promise, accused had no intention of marrying and the promise to marry was a mere hoax, then consent ostensibly given by the victim will be of no avail to the accused to exculpate him from the ambit of Section 375 clause second...........
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 previous to the actual commission..........
Indian Penal Code, 1860, Section 34 -- Common intention - If two or more persons intentionally do an act jointly, the position in law is just the same as if each of them has done it individually by himself - The existence of a common intention amongst the participants in a crime is the essential element for application of this Section - It is not necessary that the acts of..........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - Ingredients of the offence are : (1) The commission of robbery or dacoity as described in Section 392 and 395 respectively; (2) the accused - (a) used a deadly weapon, or (b) caused grievous hurt, or (c) attempted to cause death or grievous hurt; (3) he did so at the time of committing the robbery or dacoity...........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 4 -- Liability of Ex-husband to pay maintenance - Scope of - (1) A Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well. Such a reasonable and fair provision extending beyond the iddat period must be made by the..........
Indian Penal Code, 1860, Section 84 -- Mere absence of motive for a crime, howsoever atrocious it may be, cannot in the absence of plea and proof of legal insanity, bring the case within this section...........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Standard of proof - Standard to be applied adopted by reasonable men - Mere fact that an accused is conceited, odd irascible and his brain is not quite all right, or that the physical and mental ailments from which he suffered had rendered his intellect weak and had affected his emotions and will, or that he had..........
Indian Penal Code, 1860, Section 34 -- Common intention - Direct proof is seldom available - Can only be inferred from facts and circumstances of the case - To prove the charge of common intention prosecution has to establish by evidence, by direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are..........
Indian Penal Code, 1860, Section 85 -- Three propositions as regards the scope and ambit of Section 85 IPC are : (i) The insanity whether produced by drunkenness or otherwise is a defence to the crime charged; (ii) Evidence of drunkenness which renders the accused incapable of forming the specific intent essential to constitute the crime should be taken into account with..........
