And I hereby direct that you be tried by this Court or by the said Court on the said charge. Indian Panel Code 2013 ed. Sections 52, 76 — 79 and 99. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. Mischief causing damage to the amount of fifty rupees:Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. But it is as easy to pull down or defile the temples of truth as those of falsehood. A person brought by illegal violence or constraint within the British frontier and delivered to a Magistrate, having com- mitted an offence beyond the frontier, is, it seems, liable to punishment under this Code for any offence which he may commit during his constrained residence here ; and this equally whether he is a person made amenable to our laws by Act I.
The Sessions Judge however has refused to follow that ruling and has followed instead the later ruling reported in 57 Mad. And I hereby direct that you be tried by this Court on the said charge. This led to some controversy, with some sections of the Jain community urging the Prime Minister to move the against the order. Abduction:Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. It is proved that A inflicted a slight wound on Z, a child who stood between him and a large property. It seems that some part of this im- pression must be, if not completed, yet sufficiently complete to shew the intention. And I hereby direct that you be tried by this Court on the said charge.
If the will concurs in causing the effect, but this concurrence arises from some erroneous impression on the mind, it is the same, — as if A shoot an innocent but unknown man, believing him to be a robber of whose attempt he has been apprised. And I hereby direct that you be tried by this Court on the said charge. There is no previous deliberation or determination to fight. Great stress is laid upon the statement in the confession that the deceased had died and that her dead body had been thrown into the well. The beating was administered in a brutal and reckless manner. Mischief committed after preparation made for causing death or hurt:Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. Bpt if grievous }iurt of any kind was contemplated, it is im- material as the Explanation and Illustration show whether the hurt caused is the hurt contemplated, provided only it is griev- ous.
Causing grievous hurt by act endangering life or personal safety of others:Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, 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. And I hereby direct that you be tried on the said charge. If he can show that he did not, or if the totality of circumstances justifies such an inference, then, of course, the intent that the section requires is not proved. And it seems difficult to conceive that circumstances which would be a full justification of any violence short of homicide should not be a mitigation of the guilt of homicide.
And I hereby direct that you be tried by this Court on the said charge. Accused 2 was an acquaintance of his, who was in need of money at the time. The offence may it seems be committed by persons other than the owners of the property. Actus Reus is an act - forbidden by law. The precise ofifence may be un- known to him.
And I hereby direct that you be tried on the said charge. As to what intentions constitute criminal trespass enumerated in the section itself, and beyond these no other intention will constitute criminal trespass. And should he cause A's death, the homicide will be mitigated under the present Exception. These ingredients being present, the punishment varies according as the probable con- sequences actually ensue or not. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault.
And I hereby direct that you be tried by this court on the said charge. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. The measure of defence must bear proportion to the quantum of force used by the attacker and which it is necessary to repel. A by taking it commits no theft, though he may commit criminal misappropriation of property. Exception :- There is one exception of this sec.
But we think that the intention demanded by the section must stand in some relation to a person who either is alive, or who is believed by the accused to be alive. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A charge brought under this Section must be supported by proof of the instigation or other mode of abetment see Section 107 , and of its object, i. Every day somewhere someone is breaking the rules. It appears to us that if such evidence were produced, A ought to be punished as a murderer. Z is this prevented from going along that path.
In murder there is greater intention or knowledge than in culpable homicide not amounting to murder. It seems that an absent and non-resident owner may be made liable under this Section for the misconduct of his local agents. A warm expression dropped in the heat of con- troversy, or an argument urged by a person, not for the pur- pose of insulting and annoying the professors of a different creed, but in good faith for the purpose of vindicating his own, will not fall under the definition contained in this Clause. It will be borne in miind that it is not necessary that the person abetted should have the same guilty intention as that of the abetter see Section 108, Explanation 3. We think that to treat a person guilty of such homicide as we should treat a murderer, would be a highly inexpedient course — a course which would shock the universal feeling of mankind, and Would engage the public sympathy on the side of the delinquent against the law.
Now looking at the facts of this case which we need not repeat again, we think that it is not possible to say that Mt. Offences committed prior to the 1st of January, 1862, will not come under the Code, at whatever time the offender may be arrested or tried. Such enactments are justified by the facility with which the life of an infant at its birth is extinguished, and the temp- tation to take it away in cases of bastard children. Law is concerned with intention, not with motive. 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. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. It does not seem certain whether persons amen- able to the jarisdiction of our Courts and convicted of any of the offences contained in this Chapter, would be properly deemed Prisoners of State.