Category: Essays

Legal provisions regarding punishment for Attempt to commit Culpable Homicide under section 308 of Indian Penal Code, 1860.Attempt to commit Culpable Homicide: Section 308 of the Indian Penal Code provides that: Image Source: s2.dmcdn.net ADVERTISEMENTS: “Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.Illustration: A, on grave and sudden provocation,…

The subject has already been discussed. It may here only be summarised:(1) An attempt to commit murder is the last proximate act necessary to constitute the completed offence, but an attempt under Section 511 may include such act as well as preceding acts. Image Source: appsgare.com ADVERTISEMENTS: (2) An attempt to commit murder ‘has all the ingredients of murder except death but an attempt under Section 511 may include acts which do not constitute any of the ingredients of the contemplated offence but tend towards its commission.There is a conflict of opinion on the point as to whether this section applies to attempts to commit murder. The Allahabad High Court has held that it does not, as such attempts are fully and exclusively covered by Section 307, while the Bombay…

Whoever assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two ^ears, or with fine, or with both. Image Source: ikwro.org.ukIntention or knowledge: ADVERTISEMENTS: Intention or knowledge being the essential ingredient of the offence, where an accused is tried for an offence under this section, and the prosecution succeeds in proving the assault by the accused, the next question that falls to be considered is whether he did so with intent to outrage the woman’s modesty or with knowledge that it would be outraged.Modesty of a woman—how and when outraged:The essence of a woman’s modesty is her sex. Whoever uses…

When any person offending under this section is under sentence of imprisonment for life, he may if hurt is caused by him, be punished with death. Image Source: static01.nyt.comIllustrations: ADVERTISEMENTS: (1) A, with the intention of causing the death of a child of tender years exposes it in a desert place. A has done an act which amounts to an attempt to commit murder. (2) A intending to murder Z, by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence here defined.A places the food on Z’s table or delivers it to Z’s servants to place on Z’s table, A has done an act amounting to an attempt to murder. (3) A shoots at Z with intention to…

Word, gesture or act intended to insult the modesty of a woman – Section 509 of IPC:Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending, that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Image Source: sevenarticle.com ADVERTISEMENTS: Modesty of a woman:In State of Punjab v. Major Singh, in interpreting the words used in Section 354, observed: ‘The essence of a woman’s modesty is her sex. The modesty of an adult female is a bit larger on…

Section 392 of the Indian Penal Code, 1860 – Punishment for Robbery:“Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if the robbery be committed on the highway between sunset and sunrise, the imprisonment may extend to fourteen years.” Image Source: digestiblepolitics.files.wordpress.com ADVERTISEMENTS: It has been held by the Supreme Court that the Court should not get swayed by the manner of perpetration of crime while dealing with a crime of robbery with murder.In Ezhil v. State of Tamil Nadu, the facts of the case were that the accused were charged for offences against Section 364. 392 and 302 read with Sections 34 and 120 B of the Indian Penal Code. The Supreme…

Public Documents (Sections 74-76):All documents are private (S. 75), except the following, which are public documents, viz. Image Source: freeline.bg1. Documents forming the acts or records of the acts: ADVERTISEMENTS: (i) Of the sovereign authority,(ii) Of official bodies and tribunals, and(iii) Of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth or of a foreign country. ADVERTISEMENTS: 2. Public records kept in any State of private documents. (S. 74):Certified copies of public documents (S. 76):Every public officer having the custody of a public document (which any person has a right to inspect) must, on demand and payment of legal fees therefor, give a copy of it with a certificate (dated, signed and sealed) at the foot that it is a true copy. A copy…

After a party examines his witness-in-chief, his opponent has a right to cross-examine him. A cross-examination follows upon the examination-in-chief, unless the Court, for some reason, postpones it. The essence of cross-examination is that it is the interrogation by one party of witness called by his adversary with the object either to obtain from such witness an admission favourable to his cause or to discredit him. Image Source: attorneyjournal.usThe idea behind cross-examination is two-fold: to weaken, qualify or destroy the case of the opponent, and to establish a party’s own cause by means of his opponent’s weakness. The main objects of cross-examination are to measure the accuracy, credibility and general value of the evidence given in chief, so as to sift the facts already stated by the witness, to detect…

One of the best methods of unique identification is codification. It is very useful for stores department. It saves lot of time and energy and is of great help in simplification, standardization, identification and classification of stores’ items or inventories. Today, we live in a coded world. We have telegraphic codes, assesses codes, trunk dialing codes and life insurance payees codes. image source: i.ytimg.comThe codification process could be obtained by the nature of items in grouping all items of the same metal content, say ferrous, non-ferrous etc. The system of codification could be built by the end use of items, that is, items grouped according to maintenance, spinning, weaving, packing, foundry, machine shop etc. ADVERTISEMENTS: The codification could be thought of on the basis of source of purchasing where items…

Extra-judicial confessions are those confessions which are made either to the police or to any other person other than judges and magistrates as such. The Supreme Court has observed in State of Punjab v. Bhajen Singh (1975 4 S.C.C. 472) that an extra-judicial confession is a very weak piece of evidence. Image Source: scottfillmer.files.wordpress.comAn extra-judicial confession, if voluntary, can be relied upon by the Court, along with other evidence, in convicting an accused. The confession will have to be proved just like any other fact. The value of evidence as to the confession, just like any other evidence, depends upon the veracity of the witness to whom it is made. (Mulk Raj. v. State of U.P. (A.I.R. 1959 S.C. 902) usually and as a matter of caution, Courts require some…