These are two distinct offences; Abhaya Jena v. They may be civil proceedings but their nature was different. Dishonestly or fraudulently preventing debt being available for creditors Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972, shall be a civil court for the purpose of S. According as offence is bailable or non-bailable. It is also well recognised that the inherent power is not to be exercised in a manner which will be contrary to or different from the procedure expressly provided in the Code. It should be of conclusive nature; Arvind v.
Abetment of suicide If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The words in italics were subs. Negligent conduct with respect to pulling down or repairing buildings Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, 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. Explanation 2 When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced. The section says that whoever joins or continues in any assembly of five or more persons likely to cause disturbance of the public peace with knowledge after such assembly has been lawfully commanded to disperse, shall be punished with simple or rigorous imprisonment for a term extending up to six months, or with fine, or with both, Under this section also the assembly must consist of at least five persons even though this assembly is not an unlawful assembly as it does not have a common object as stated under section 141 of the Code. A has used criminal force to Z.
Intention and knowledge It is fallacious to contend that when death is caused by a single blow, clause thirdly is not attracted and, therefore, it would not amount to murder. It of course depends on what the recruitment rules prescribe for a particular job. Conspiracy to commit offences punishable by section 121 1121A. Z has committed an office under this section. Punishment for wrongful restraint Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term, which may extend to one month, or with fine which may extend to five hundred rupees, or with both. Here B abets by instigation the apprehension of C. The requirements of the section are not satisfied by the act of homicide being one of extreme recklessness.
Here A has not committed the offence defined in this section. Nexus between common object and offence There must be nexus between the common object and the offence committed and if it is found that the same was committed to accomplish the common object every member of the assembly will become liable for the same; Allauddin Mian Sharif Mian v. 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. Rarest of the rare cases i Undoubtedly brutality is involved in every incidence of murder but that brutality by itself will not bring it within the ambit of the rarest of the rare cases, for the purposes of the death penalty; Subhash Ramkumar Bina Vakil v. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. It was held that the mere presence of a person armed with a deadly weapon at the spot of a crime does not necessarily make him a participator in a joint crime in every case, because for the purpose of section 34 only such presence makes a man a participant in a joint crime as is established to be with the intention of lending weight to the commission of a joint crime; Jamun v. I and Act 8 of 1882, sec.
But this assembly must be likely to cause disturbance of the public peace. Wrongful confinement for three or more days Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfer or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. Mischief by injury to public road, bridge, river or channel Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for traveling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Fraudulent use of false instrument for weighing Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment or either description for a term which may extend to one year, or with fine, or with both.
Using as true a certificate known to be false Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. Illustrations a A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a judge. A draws out a pistol. State Amendments Andhra Pradesh For section 354, the following section shall be substituted, namely— 354. State Amendment Andhra Pradesh Offence under section 186 is cognizable. The court has jurisdiction under S. 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 Supreme Court held that no ground for quashing the charge was made out; Nem Chand v. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play ; and if A, while playing fairly, hurts Z, A commits no offence. It is difficult to establish conspiracy by direct evidence; Vijayan v. D recovers from the wound. Imprisonment for 6 months, or fine, or both. It gives power to the court to pass such orders as it thinks fit.
A will be immediately discharged. Here A, whether the act be committed or not, is guilty of abetting an offence. Description of imprisonment for non-payment of fine The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence. B, in consequence of the instigation, causes grievous hurt to Z. The State of Uttar Pradesh: It has been held by their lordships of the Supreme Court in Padam Sen v. Counterfeiting coin Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Concealment of birth by secret disposal of dead body.