Category: Violence

“Robbery”. It explains that in all robbery there is either theft or extortion. Sec. 390. Robbery In all robbery there is either theft or extortion. image source: media.graytvinc.comWhen theft is robbery:Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. ADVERTISEMENTS: When extortion is robbery:Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person…

The word “Affray” means a skirmish or fighting between two or more, and there must be a stroke given or offered, or a weapon drawn. An Affray is committed in a public offence to the terror of the people. image source: i.ytimg.comScope: Section 159 defines “Affray” and Sec. 160 prescribes punishment for committing affray. ADVERTISEMENTS: Sec. 159. Affray:When two or more persons, by fighting in a public place disturb the public peace, they are said to “commit an affray”.Important Points: ADVERTISEMENTS: A. Ingredients of Sec. 159:1. There must be a fighting between TWO or more persons.2. The fighting must be in a public place.3. As a result of the fighting, public peace must be disturbed. ADVERTISEMENTS: 4. Black Stone defines affray: “Affray is the fighting of two or more persons…

Section 105 of IPC – “Commencement and continuance of the right of private defence of Property.” Image Source: shareyouressays.com/wp-admin/post.php?post=119709&action=editUnder Section 105 the right of private defence of property commences when a reasonable apprehension of danger to the property commences. The right of private defence of property (i) against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered; (ii) against robbery continues, as long as the offender causes or attempts to cause to any person death, hurt or wrongful restraint or as long as the fear of instant death or instant hurt or instant personal restraint continues; (iii) against criminal trespass or mischief continues as long as the offender continues in the…

Section 351 of the Indian Penal Code, 1860 – Assault:Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture, or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Image Source: media.jrn.com ADVERTISEMENTS: Explanation:Mere words do not amount to an assault. But the words which a person uses may give to his gesture or preparation such a meaning as may make those gestures or preparations amount to an assault.In other words whoever makes (i) any gesture or preparation (ii) intending or knowing it to be likely (iii) that such gesture or preparation will cause any person present to apprehend (iv) that…

Legal provisions regarding Dispersal of assemblies by use of civil force under section 129 of the Code of Criminal Procedure, 1973.According to Section 129(1) of the Code of Criminal Procedure, any Executive Magistrate or officer-in-charge of a police station or, in the absence of such officer-in-charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.As per sub-section (2) of Section 129 of the Code, if, upon being, so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as…