Indian penal code 406. Harbans Lal And Ors.… v. State Of Punjab…. 2019-02-27

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Quashing of False FIR registered under 498A and 406 of the Indian Penal Code

indian penal code 406

Illustration A writes his name on the back of a bill of exchange. Rather, a bald assertion has been made in the complaint that articles of ornaments and furniture, fully detailed in the annexure, were entrusted to the accused at the time of the marriage, for use of the complainant in the matrimonial home. C has therefore committed the offence defined in this section and is liable to the punishment for murder. Disturbing religious assembly:Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. The term employer in Explanation 2 to Section 405 must be understood as in ordinary parlance. And I hereby direct that you be tried by this Court on the said charge. Act of Judge when acting judicially:Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

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IPC 406, 407, 408, 409 Indian Penal Code

indian penal code 406

Here the ring is in Z's possession, and if A dishonestly removes it, A commits theft. And I hereby direct that you be tried by this Court or by the said Court on the said charge. Hiring, or conniving at hiring, of persons to join unlawful assembly:Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence. Negligent conduct with respect to explosive substance:Whoever does, with any explosive substance, 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 explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, 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. Negligent conduct with respect to poisonous substance:Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard any probable danger to human life from such poisonous substance, 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.

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Quashing of False FIR registered under 498A and 406 of the Indian Penal Code

indian penal code 406

A has committed the offence defined in this section. Making or selling false weight or measure:Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Receiving property taken by war or depredation mentioned in Sections 125 and 126:Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in Sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received. Intercourse by public servant with woman in his custody:Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. 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.


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Section 420 of the Indian Penal Code

indian penal code 406

A is liable to imprisonment of either description for seven years, and also to fine. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine. And I hereby direct that you be tried by this Court on the said charge. The right of private defence of property against house-breaking by night continues as long as the house-treaspass which has been begun by such house- breaking continues. Illustrations a Z is sitting in a moored boat on a river. He is guilty of an offence under this section.

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Quashing of False FIR registered under 498A and 406 of the Indian Penal Code

indian penal code 406

Here A has by an illegal omission concealed the existence of B's design, and is liable to punishment according to the provision of this section. And I hereby direct that you be tried by this Court on the said charge. When such an act is criminal by reason of its being done with a criminal knowledge or intention:Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention. Illustration A sees Z commit what appears to A to be a murder. And I hereby direct that you be tried on the said charge.

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Section 406 of Indian Penal Code, 1860

indian penal code 406

Here A has not committed murder, but merely culpable homicide. B, in consequence of the instigation, commits that offence. The Punjab and Haryana High Court has ruled that where the money deposited by members under a chit fund scheme started by the accused company was to be utilised by the company as its own money, and the depositor members would be entitled to get back their money along with interest after a certain time, this could not be held to be an entrustment within the meaning of section 405, and if the company failed to return the deposits of some members only a civil action would lie against the company. Illustration A, a coiner, delivers counterfeit Company's rupees to his accomplice B, for the purpose of uttering them. A common nuisance is not excused on the ground that it causes some convenience or advantage. A induces B to believe that the property belong to A. Extent to which the right may be exercised.

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Section 406 IPC

indian penal code 406

And I hereby direct that you be tried by this Court on the said charge. B is by this provocation excited to violent rage. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. Basically it would depend on fact situation of each case which would enable the court after reading the complaint as a whole whether allegations made therein at their face value bring out the ingredients made therein at their face value bring out the ingredients of the offence or whether these do not constitute the offence for which cognizance was taken by the magistrate and in the later case the court would be justified in quashing the complaint. Mischief by destroying, moving or rendering less useful a light-house or sea-mark:Whoever commits mischief by destroying or moving any light- house or other light used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light- house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. A trust is an obligation annexed to the ownership of property, and arising out of a confined reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another and the owner. Here, A is guilty of murder, although he may not have intended to cause Z' death.

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Section 405 in The Indian Penal Code

indian penal code 406

Illustrations a The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. And I hereby direct that you be tried by the said Court on the said charge. Act of a child under seven years of age:Nothing is an offence which is done by a child under seven years of age. Smt Kavita Arora, The Court can exercise extraordinary jurisdiction vested under section 482 of the Code of Criminal Procedure 1973 primarily to prevent the abuse of the process of the court or otherwise secure the ends of justice. Putting person in fear of death or of grievous hurt, in order to commit extortion:Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

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IPC 406, 407, 408, 409 Indian Penal Code

indian penal code 406

. Intercourse by any member of the management or staff of a hospital with any woman in that hospital:Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. Act of a child above seven and under twelve of immature understanding:Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. When such right extends to causing any harm other than death:If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in Section 99, to the voluntary causing to the assailant of any harm other than death. The offence under section 408 is cognizable, non-bailable and compoundable when the value of the property does not exceed two hundred and fifty rupees and permission is given by the court trying the case, and is triable by magistrate of the first class. A is guilty of the offence defined in this section.

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Harbans Lal And Ors.… v. State Of Punjab….

indian penal code 406

And I hereby direct that you be tried by this Court on the said charge. B takes the property out of Z's possession, in good faith, believing it to be A's property. And I hereby direct that you be tried by this Court on the said charge. Punishment for public nuisance in cases not otherwise provided for:Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees. Effacing, writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government:Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. And I hereby direct that you be tried by this Court on the said charge.

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