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...........
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..........
Indian Penal Code, 1860, Section 304 Part I -- Nature of offence - Occurrence took place in the night in almost dark conditions with feeble light and attack was made indiscriminately - Appropriate conviction would be under Section 304 Part I, IPC...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Relevant considerations for grant of interim maintenance - (1) Status of the parties; (2) Reasonable wants of the claimant; (3) The independent income and property of the claimant; (4) The number of persons, the non-applicant has to maintain; (5) The amount should aid the applicant to live in a similar life..........
Indian Penal Code, 1860, Section 153A -- Promoting feeling of enmity or hatred between different classes of people - Prosecution has to prove prima facie the existence of mens rea on the part of the accused - The intention has to be judged primarily by the language of the book and the circumstances in which the book was written and published - The matter complained of..........
Indian Penal Code, 1860, Section 364A, Criminal Procedure Code, 1973, Section 181(2) -- Kidnapping for ransom - Offence u/s 364-A IPC is not covered under sub-section (2) of S.181 Cr.P.C...........
