Category: Essays

Legal provisions regarding Meaning of Extortion (Extorsio) under section 383 of Indian Penal Code, 1860.The following are the essential ingredients of the offence of extortion: Image Source: f1.bcbits.com ADVERTISEMENTS: 1. Intentionally putting a person in fear of injury,2. The purpose of which is to dishonestly induce the person put in fear,3. To deliver property or valuable security.The offence of extortion is intermediary between the offence of theft and robbery. Extortion becomes robbery, if the offender at the time of committing the offence puts the person in fear and commits the extortion by causing fear of instant death, hurt or wrongful restraint. However, in robbery, the property can be removed by force without the person delivering the property. ADVERTISEMENTS: Before a person can be said to put any person in fear…

“Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.”Rash driving:There are about 14 sections of the IPC that deal with the offences resulting from criminal rashness or negligence. Section 279 deals with rashness and negligent driving of a vehicle or riding on a public way in a rash and negligent manner, as to endanger human life or likely to cause hurt or injury to any person. Section 279 requires: Image Source: farm5.staticflickr.com ADVERTISEMENTS: 1)…

Legal provisions regarding Voluntarily Causing Hurt under section 321 of Indian Penal Code, 1860.Voluntarily Causing Hurt: According to Section 321 of the Indian Penal Code, Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”. Image Source: i.ytimg.com ADVERTISEMENTS: The most essential component of Section 321 is ‘intention’ to cause hurt, or the ‘knowledge’ that the act is likely to cause hurt. If ‘intention’ or ‘knowledge’ is absent, then it will not amount to voluntarily causing hurt.The definition of the offence of ‘voluntary hurt’ given in Section 321 is but an echo of the definition of culpable…

Legal provisions regarding Causing Miscarriage without woman’s consent under section 313 of Indian Penal Code, 1860.Causing Miscarriage without woman’s consent: Section 313 of the Indian Penal Code provides that “Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” Image Source: localtvwiti.files.wordpress.com ADVERTISEMENTS: Section 313 of the Code is in continuation of Section 312. In the offence under Section 312, the pregnant woman’s consent is inherent. In the offence under Section 313, there is no consent of pregnant woman, hence only the person who causes the…

Legal provisions regarding Abetment of suicide of a person under section 306 of Indian Penal Code, 1860.Abetment of suicide of a person:The words ‘any person’ in Section 306 means an adult and a sane person but not a minor (under eighteen years of age), insane, delirious, idiot and a person in a state of intoxication. If any person instigates any other person to commit suicide and as a result of such instigation the other person commits suicide the person causing the instigation is liable to be punished under Section 306, IPC. Before a person be convicted of abetting the suicide of any other person, it must be established that such other person committed suicide. Image Source: cdn-13d6.kxcdn.com ADVERTISEMENTS: In Tej Singh v. State [AIR 1958 Raj], encouraging a widow to…

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…