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Indian 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.....

Indian Penal Code (45 of 1860) Section 6

Title: Definitions in the Code to Be Understood Subject to Exceptions

State: Central

Year: 1860

Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions" though those exceptions are not repeated in such definition, penal provision, or illustration. Illustrations (a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. (b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement for he was bound by law to apprehend Z and therefore the case falls within the general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it".

The 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.....

Indian 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.....

Indian Penal Code (45 of 1860) Chapter 21

Title: Of Defamation

State: Central

Year: 1860

.....in a good faith any opinion whatever respecting the conduct of 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. Third Exception.--Conduct of any person touching any public question It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharges of the duties of which the public is interested. Fourth Exception.--Publication of reports of proceedings of Courts It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any.....

Indian Penal Code (45 of 1860) Section 499

Title: Defamation

State: Central

Year: 1860

.....in a good faith any opinion whatever respecting the conduct of 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. Third Exception.--Conduct of any person touching any public question It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharges of the duties of which the public is interested. Fourth Exception.--Publication of reports of proceedings of Courts It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any.....

Indian Penal Code (45 of 1860) Chapter 2

Title: General Explanations

State: Central

Year: 1860

.....words which refer to acts done extend also to illegal omissions. Section 33 - "Act", "Omission" The word "act" denotes as well a series of acts as a single act : the word "omission" denotes as well as series of omissions as a single omission. Section 34 - Acts done by several persons in furtherance of common intention 1 [34. Acts done by several persons in furtherance of common intention When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.] ___________________ 1. Substituted by Act 27 of 1870, section 1, for the original section. Section 35 - When such an act is criminal by reason of its being done with a criminal knowledge or intention Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention. Section 36 - Effect caused partly by act and partly by omission .....

Indian Penal Code (45 of 1860) Section 300

Title: Murder

State: Central

Year: 1860

.....defence. Explanation.--Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. Illustrations (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z"s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to, A, A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A's deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A.....

The Societies Registration Act 1860 Complete Act

State: Central

Year: 1860

THE SOCIETIES REGISTRATION ACT 1860 THE SOCIETIES REGISTRATION ACT 1860 (Act XXI of 1860) An Act for the Registration of Literary, Scientific and Charitable Societies WHEREAS it is expedient that the provisions should be made in improving the legal condition of societies established for the promotion of literature, science or the fine arts or for the diffusion of useful knowledge, the diffusion of political education, or for charitable purposes; It is enacted as follows: SECTION 01: SOCIETIES FORMED BY MEMORANDUM OF ASSOCIATION AND REGISTRATION .- Any seven or more persons associated for any literary, scientific, or charitable purpose of for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar form themselves into a society under this Act. '[IA. Interpretation.--In this Act, unless there is anything repugnant to the subject or context, the expression "Registrar" means the Registrar of Societies appointed under section 1-B and includes other officers appointed under the said section to exercise the powers and to perform the duties and functions of the said.....

Indian Penal Code (45 of 1860) Section 89

Title: Act Done in Good Faith for Benefit of Child or Insane Person, by or by Consent of Guardian

State: Central

Year: 1860

Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person: Provisos-Provided-- First.--That this exception shall not extend to the intentional causing of death, or to the attempting cause death; Secondly.--That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; Thirdly.-- That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity; Fourthly.- -That this exception shall not extend to the abetment of any offence, to the committing of whichoffence it would not extend. Illustration A, in good