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Start Free TrialIndian Penal Code (45 of 1860) Section 110
Title: Punishment of Abetment if Person Abetted Does Act with Different Intention from That of Abettor
State: Central
Year: 1860
Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been commuted if the act had been done with the intention or knowledge of the abettor and with no other.
View Complete Act 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) Chapter 11
Title: Of False Evidence and Offences Against Public Justice
State: Central
Year: 1860
.....by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above. 4. The words "or under the Fugitive Offenders Act, 1881," omitted by Act 3 of 1951, section 3 and Schedule. Section 216A - Penalty for harbouring robbers or dacoits 1[Penalty for harbouring robbers or dacoits Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. Explanation.--For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without2[India]. Exception.--This provision does not extend to the case in which the harbour is by the husband or wife of the offender.] _______________________ 1. Inserted by Act 3 of 1894, section 8. 2. The words "British India" have successively been substituted by the A.O. 1948, the A.O. 1950 and.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 14
Title: Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals
State: Central
Year: 1860
.....in good faith anything whatever respecting the conduct of-- (i) a public servant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further; or (ii) any person touching any public question, and respecting his character, so far as his character appears in that conduct and no further, Explanation.II-- In deciding whether any person has committed an offence under this section, the court shall have regard inter alia, to the following considerations-- (a) The general character of the person charged, and where relevant the nature of his business; (b) the general character and dominant effect of the matter alleged to be grossly indecent or scurrilous or intended for blackmail; (c) any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts specified in this section. ______________________ 1. Substituted by Act 8 of 1925, section 2, for the original section. 2. Inserted by Act 36 of 1969, section 2 (w..e.f. 7-9-1969). 3. Section 292 renumbered as sub-section (2) of that section by Act 36 of 1969, section 2 (w.e.f. 7-9-1969). 4......
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 17
Title: Of Offences Against Property
State: Central
Year: 1860
.....intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. 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 for Z. A cheats. Section 416 - Cheating by personation A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.--The offence is committed whether the individual personated is a real or imaginary person. Illustration (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 4
Title: General Exceptions
State: Central
Year: 1860
.....being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. Section 77 - 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. Section 78 - Act done pursuant to the judgment or order of Court Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice; if done whilst such judgment or order remains in force, is an offence, ' notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. Section 79 - Act done by a person justified, or by mistake of fact believing himself justified, by law Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration A sees Z commit what appears to A to be a murder. A, in.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 5
Title: Of Abetment
State: Central
Year: 1860
.....abetment, A is liable to the punishment provided for murder. Section 112 - Abettor when liable to cumulative punishment for act abetted and for act done If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences. Illustration A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt. B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each of the offences. Section 113 - Liability of abettor for an effect caused by the act abetted different from that intended by the abettor When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 191
Title: Giving False Evidence
State: Central
Year: 1860
.....whether it is made verbally or otherwise. Explanation 2.--A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by slating that he knows a thing which he does not know. Illustrations (a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B's claim. A has given false evidence. (b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows it be false, and therefore gives false evidence. (c) A, knowing the general character of Z's handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A's statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence. (d) A, being bound by an oath to state.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 415
Title: Cheating
State: Central
Year: 1860
.....likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat". Explanation,--A dishonest concealment of facts is a deception within the meaning of this section. Illustrations (a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay, A cheats. (b) A, by pulling a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that me article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps on money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. (e) A, by pledging as diamonds article which he knows.....
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