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Home Bare Acts Phrase: culpable negligence Page 1 of about 840 results (0.009 seconds)Coroners Act, 1871 Complete Act
State: Central
Year: 1871
.....order the removal of the body to any place within his jurisdiction which may have been provided for that purpose - Coroners (Bombay Amendment) Act, 1954 (Bom. Act 69 of 1954), S. 4 (15-11-1954). SECTION 19: EVIDENCE TO BE ON OATH. EVIDENCE ON BEHALF OF ACCUSED - All evidence given under this Act shall be on oath, and the Coroner shall be bound to receive evidence on behalf of the party (if any) accused of causing the death of the deceased person. Interpreter. Witnesses unacquainted with the English language shall be examined through the medium of an interpreter, who shall be sworn to interpret truly as well the oath as the questions put to, and the answers given by, the witnesses. Questions suggested by jury. After each witness has been examined, the Coroner shall inquire whether the jury wish any further questions to be put to the witness, and, if the jury wish that any such questions should be put, the Coroner shall put them accordingly. State Amendments Maharashtra: For Section 19, substitute the following: 19. Evidence to be on oath.- (1) All evidence given under this Act, shall except in the case provided in sub-section (2), be on oath and the Coroner shall be.....
List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....
List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 16
Title: Of Offences Affecting the Human Body
State: Central
Year: 1860
..... 1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956). 2. Inserted by Act 27 of 1870, section 11. 3. Inserted by Act 12 of 1891, section 2 and Schedule II. Section 308 - Attempt to commit culpable homicide Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section. Section 309 - Attempt to commit suicide Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Complete Act
Title: Indian Penal Code (45 of 1860)
State: Central
Year: 1860
.....Court Section79 - Act done by a person justified, or by mistake of fact believing himself justified, by law Section80 - Accident in doing a lawful act Section81 - Act likely to cause harm, but done without criminal intent, and to prevent other harm Section82 - Act of a child under seven years of age Section83 - Act of a child above seven and under twelve of immature understanding Section84 - Act of a person of unsound mind Section85 - Act of a person incapable of judgment by reason of intoxication caused against his will Section86 - Offence requiring a particular intent or knowledge committed by one who is intoxicated Section87 - Act not intended and not known to be likely to cause death or grievous hurt, done by consent Section88 - Act not intended to cause death, done by consent in good faith for person's benefit Section89 - Act done in good faith for benefit of child or insane person, by or by consent of guardian Section90 - Consent known to be given under fear or misconception Section91 - Exclusion of acts which are offences independently of harm caused Section92 - Act done in good faith for benefit of a person without consent Section93 - Communication made in.....
List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 304A
Title: Causing Death by Negligence
State: Central
Year: 1860
1[304A. Causing death by negligence Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.] ___________________ 1. Inserted by Act 27 of 1870, section 12.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 299
Title: Culpable Homicide
State: Central
Year: 1860
.....but A has committed the offence of culpable homicide. (c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. Explanation I.--A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2.--Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3.--The causing of the death of child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought form, though the child may not have breathed or been completely born.
View Complete Act List Judgments citing this sectionWealth-tax Act, 1957 Section 35O
Title: Presumption as to Culpable Mental State
State: Central
Year: 1957
1[35O. Presumption as to culpable mental state (1) In any prosecution for any offence under this Act which requires a culpable menial state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused, to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation. -In this sub-section, "culpable mental state" includes intention, motive or knowledge of a fact, or belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] ________________________ 1. Inserted by Act 46 of 1986, section 39 w.e.f. 10-9-1986.
View Complete Act List Judgments citing this sectionGift-tax Act, 1958 [Cease to Have Effect on or After the 01.10.1998] Section 35D
Title: Presumption as to Culpable Mental State
State: Central
Year: 1958
1[35D. Presumption as to culpable mental state (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.-In this sub-section, "culpable mental state" includes intention, motive or knowledge of a fact, or belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] _________________________ 1. Inserted by Act 46 of 1986, section 41 w.e.f. 10-9-1986.
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 10C
Title: Presumption of Culpable Mental State
State: Central
Year: 1955
1[10C. Presumption of culpable mental state (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.--In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] ____________________________ 1. Inserted by Act 30 of 1974, section 8 (w.r.e.f. 22-6-1974).
View Complete Act List Judgments citing this sectionCustoms Act, 1962 Section 138A
Title: Presumption of Culpable Mental State
State: Central
Year: 1962
1[138A. Presumption of culpable mental state (1) In any prosecution for an offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation:-- In this section "culpable mental state" includes intention, motive, knowledge of a fact and believe in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] ________________________ 1. Inserted by Act 36 of 1973, section 9 (w.e.f. 1-9-1973).
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