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Results of mens rea

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Showing : 11-20 of 165 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Street quarrel between deceased and petitioner, which erupted due to tortuous act of deceased - Deceased appeared to be a minor and he drove car in reverse motion which hit some part of house of petitioner and dismantled some flower pots belonging to petitioner - Petitioner abused deceased, reprimanded him..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

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

ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 416, 417, 418, 419, 34, Criminal Procedure Code, 1973, Section 482 -- Medical negligence - Quashing of proceedings - No allegation of gross negligence - Even there is no allegation of any mens rea - It is a case of surgery that in opinion of complainant went wrong - Even otherwise, without an independent impartial medical opinion,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 489C -- Offence u/s 489-C IPC - Mens rea - Neither there are allegations that fake currency notes were used by accused nor said currency notes have been offered to anybody - Prosecution failed to prove mens rea on part of accused as required by S.489-C IPC - Accused acquitted...........

ORISSA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, 304(Part I) - - Accused committed the act on spur of moment in a petty quarrel with his wife/deceased - He did not have requisite mens rea to commit offence of murder - Motive of crime not proved on record - But as he is a grown up man, he knew his actions of pressing neck would cause such bodily injury which may lead to death of..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 306 -- Abetment of suicide - `Go and die' - Mere utterance of word by accused towards deceased in a quarrel or on spur of moment that he should go and die cannot be considered as an instigation by accused for deceased to commit suicide, as no mens rea on part of accused in uttering those words can be gathered from evidence of PWs - Accused..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between two groups of people over digging of earth and incident of assault started - Incident occurred in a fit of anger on sudden provocation due to intervention of deceased during quarrel - Nothing on record to show that there was any such enmity between accused and deceased - No evidence..........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 32 -- Abetment of suicide - Dying declaration - PW17 who recorded dying declaration of deceased mentioned that deceased in her dying declaration stated that there was a quarrel with regard to accused going to work and accused directed deceased to stay at home or to go away - This utterance as indicated in..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 420 -- Cheating - Mere inability to return loan amount cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of transaction, as it is this mens rea which is the crux of offence...........

BOMBAY HIGH COURT

Year of decision: 2018
Details

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..........

Showing : 11-20 of 165 Results