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Results of mens rea

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Showing : 1-10 of 165 Results

KERALA HIGH COURT

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - An act of breach of trust simpliciter involves a civil wrong of which the person wronged may seek his redress for damages in a civil court but a breach of trust with mens rea gives rise to a criminal prosecution as well - Dishonest intention is an essential element to constitute an offence of criminal..........

UTTARAKHAND HIGH COURT

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to convict a person u/s 306 IPC, there has to be a clear mens rea to commit offence - It also requires an active act or direct act which led deceased to commit suicide seeing no option and this act must have been intended to push deceased into such a position that he/she committed suicide...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 499, 500 -- Defamation - Acquittal in a case u/s 138 Negotiable Instruments Act - Does not attract Ss.499 and/or S.500 IPC - Mens-rea is a mandatory prerequisite for the offence of defamation - Held, in the present case mensrea or criminal intention is lacking on the part of accused, hence, they cannot be held guilty of offence of..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Component of mens rea for offence falling u/s 489-B and/or 489-C IPC is knowledge or having reason to believe that currency note or bank note is forged or counterfeit, coupled with intention to use same as genuine or knowledge that it may be used as genuine...........

DELHI HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Age of prosecutrix - Prosecutrix stated that she had misrepresented her age to be eighteen years to accused just to accompany him - She categorically stated that had she not done so, accused would not have allowed her to accompany him -..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 120B, Unlawful Activities (Prevention) Act, 1967, Section 38 -- Criminal Conspiracy - Supporting terrorist activities - A1 was propagating ideology of ISIS and advocating among other things, war against no, Muslims, that classes were attended by A-2, videos relating to such speeches were found on her person when she was arrested and that..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - For conviction u/s 306 IPC, prosecution has to prove that : (i) deceased committed suicide; (ii) accused instigated or abetted for committing suicide; and (iii) Mens-Rea of accused...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - For conviction u/s 306 IPC there has to be a clear mens-rea to commit the offence - It also requires an active act or a direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide - No straight..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Use of abusive language alone without any mens rea does not amount to abetment of suicide...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 107 -- Abetment - Instigation is a part of abetment but instigation requires mental element of intention as well as mens rea...........

Showing : 1-10 of 165 Results