Fraudulently suffering decree for sum not due Whoever fraudulently causes or suffer a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Court to make out efforts within judicial sphere to know truth; Mohan Singh v. Here, as the paper so signed may be converted into a valuable security. Chief Minister has no authority to release offenders from Jail, 2. Illustration A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. A court can entertain an application for restoration of an application dismissed for default under inherent powers.
Scope i Before an accused is held guilty and punished under first part or second part of section 304 a death must have been caused by the assailant under any of the circumstances mentioned in the five exceptions to section 300; Harendra Nath Mandal v. Explanation 1 A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The non-applicability of section is, therefore, no bar in convicting the accused under substantive section read with section 34 if the evidence discloses commission of an offence in furtherance of the common intention of them all; Nethala Pothuraju v. Circumstantial evidence — Importance It is well settled that if the evidence of the eye-witnesses are held to be reliable and inspire confidence then the accused cannot be acquitted solely on the ground that some superficial injuries found on the person of the accused concerned, had not been explained by the prosecution; A.
Here A has by his own bodily power moved his own person so as to bring it into contact with Z. Mere distancing from the scene cannot absolve the accused; Lallan Bhai v. Illustration Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. Punishment: Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. The court has power to act under S. Explanation 2 To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.
Intentional omission to give information of offence by person bound to inform Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. A would be guilty of murder. A has committed the offence defined in this section. Sentence — General Provisions of death sentence being an alternative punishment for murder is not unreasonable; Bachhan Singh v. Illustrations a A instigates a child to put poison into the food of Z, and gives him poison for that purpose. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. B in pursuance of the instigation stabs D.
The patient dies in consequence of the shock. Explanation 2 Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. They cannot mean that express provisions of the statute can be overridden at the dictates of what one might by private emotion or arbitrary preference call or conceive to be justice between the parties. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for. Fraudulently A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. It was held that the intention of the accused must be judged not in the light of the actual circumstances, but in the light of what he supposed to be the circumstances.
Offence requiring a particular intent of knowledge committed by one who is intoxicated In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will. Where a wrong order cannot be corrected under S. Punishment for theft Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Your arrest was not because you were convicted by any court of law. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
Illustration A is attacked by a mob who attempt to murder him. Here B may have committed only culpable homicide, but A is guilty of murder. If it appears that an applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. A dishonestly misappropriates the property. Further, the power under S. A has used criminal force to Z.
There must be existence of a proximate and live-link between the effect of cruelty based on dowry demand and the concerned death. Explanation A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section. A fires the gun at Z. She gives A money, food and clothes, which A knows to belong to Z her husband. Assault or criminal force in attempt wrongfully to confine a person Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. The court has jurisdiction under S.