Indian penal code 138. IPC 193 2019-02-10

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IPC 193

indian penal code 138

But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. This is murder, inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. While deciding the said case, the court placed reliance upon its earlier judgment in R. Punishment provided under section 138 too was enhanced from one year to two years.


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IPC 138: Section 138 of the Indian Penal Code

indian penal code 138

And I hereby direct that you be tried by this Court on the said charge. And I hereby direct that you be tried by this Court on the said charge. Form of Charge : Model Form of charge under Section 335 Same as in the case of an offence under Section 325 or 326, ante, as the case may be 336. And I hereby direct that you be tried by this Court on the said charge. Issuing or signing false certificate:Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence. And I hereby direct that you be tried by this Court on the said charge. A not intending to repay it.

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Section 188 of Indian Penal Code, 1860

indian penal code 138

Threat of injury to induce person to refrain from applying for protection to public servant:Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 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 be extended to fourteen years. Adulteration of food or drink intended for sale:Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, 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. D, after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here A is guilty of the offence defined in the later part of this section. In the facts of the case, doctrine of double jeopardy is attracted.

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Section 135 of Indian Penal Code, 1860

indian penal code 138

Unlawful return from transportation:Repealed by the Code of Criminal Procedure Amendment Act, 1955 26 of 1955 , Section 117 and Schedule, w. The Negotiable Instruments Act, 1881, 2015 Ed. Here even if the child is killed by the fall, A has committed no offence. It is an offence created by a legal fiction in the statute. Public servant in judicial proceeding corruptly making report, etc. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. The judgement of Suresh Kaushal v.

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IPC 138: Section 138 of the Indian Penal Code

indian penal code 138

A dishonestly misappropriates the property. As this enquiry is a stage of a judicial proceeding. The alteration in the law was thus welcomed as a much required change in prevalent laws as laid down by K. Fractions of terms of punishment:In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years. It is not necessary that all the above five acts should have been perpetrated at the same locality.

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Section 188 of Indian Penal Code, 1860

indian penal code 138

Act of a person of unsound mind:Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. We just need an active and efficient investigation agency, a brilliant prosecution and a dispassionate judge to decide based on facts presented. As this enquiry is a stage of a judicial proceeding, A has given false evidence. And I hereby direct that you be tried by this Court on the said charge. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property:Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.


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Doctrine of Double Jeopardy — Negotiable Instruments Act, 1881

indian penal code 138

The important part of this offence is that the accused must know that he is abetting something which is an act of insubordination. Here, as A does not take dishonestly, he does not commit theft. Financial institutions and banks pronounced difficulty in coping with the situation. Concealment of birth by secret disposal of dead body:Whoever, by secretly burying or otherwise disposing of the death body of a child whether such child dies before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. And I hereby direct that you be tried on the said charge. Being member of unlawful assembly:Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly. Z dies in consequence of the blow.

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Indian Penal Code

indian penal code 138

The appeal is devoid of any merit and accordingly dismissed. Negligent conduct with respect to fire or combustible matter:Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, 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. And I hereby direct that you be tried by this Court on the said charge. . Kidnapping or maiming a minor for purposes of begging: 1 Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purpose of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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