Bare Act Search Results

Companies Act, 2013, Section 212

Title: Investigation into Affairs of Company by Serious Fraud Investigation Office

State: Central

Year: 2013

..... (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offences covered under sub-sections (5) and (6) of section 7, section 34, section 36, subsection (1) of section 38, sub-section (5) of section 46, sub-section (7) of section 56, subsection (10) of section 66, sub-section (5) of section 140, sub-section (4) of section 206, section 213, section 229, sub-section (1) of section 251, sub-section (3) of section 339 and section 448 which attract the punishment for fraud provided in section 447 of this Act shall be cognizable and no person accused of any offence under those sections shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail, if the Special Court so directs: Provided further.....

Public Servants (Inquiries) Act, 1850 Complete Act

State: Central

Year: 1850

.....uniform throughout India." Bih. Act 34 of 1951, S. 2 (28-11-1951). SECTION 01: SHORT TITLE 5This Act may be called the Public Servants (Inquiries) Act, 1850. SECTION 02: ARTICLES OF CHARGE TO BE DRAWN OUT FOR PUBLIC INQUIRY INTO CONDUCT OF CERTAIN PUBLIC SERVANTS Whenever the Government shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehaviour by any person in the service of6[the Government, not removable from his appointment without the sanction of the Government,] it7[may] cause the substance of the imputations to be drawn into distinct articles of charge, and7[may] order a formal and public inquiry to be made into the truth thereof. SECTION 03: AUTHORITIES TO WHOM INQUIRY MAY BE COMMITTED NOTICE TO ACCUSED The inquiry may be committed either to the Court, Board or other authority to which the person accused is subordinate, or to any other person or persons, to be specially appointed by the Government, commissioners for the purpose notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry. SECTION 04: CONDUCT OF GOVERNMENT PROSECUTION.....

Indian 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.

Prevention of Corruption Act, 1988 Chapter III

Title: Offences and Penalties

State: Central

Year: 1988

.....on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation. For the purposes of this section, "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant. (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine. Section 14 - Habitual committing of offence under sections 8, 9 and 12 Whoever habitually commits (a) an offence punishable under section 8 or section 9; or (b) an offence punishable under section 12,shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to fine. Section 15 - Punishment for attempt Whoever attempts to commit an offence referred to in.....

Prevention of Corruption Act, 1988 Section 7

Title: Public Servant Taking Gratification Other Than Legal Remuneration in Respect of an Official Act

State: Central

Year: 1988

.....a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or forrendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine. Explanation. (a) "Expecting to be a public servant." If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will when serve them, be may be guilty of cheating, but he is not guilty of the offence defined in this section. (b) "Gratification." The word gratification" is not restricted to pecuniary gratifications or to gratifications estimable in money. (c) "Legal remuneration." The words "legal remuneration" are not restricted to.....

Anti Hijacking Act 1982 Chapter III

Title: Miscellaneous

State: Central

Year: 1982

.....to be done in pursuance of the provisions of this Act. Amending Act 1 - ANTI-HIJACKING (AMENDMENT) ACT, 1994 THE ANTI-HIJACKING (AMENDMENT) ACT, 1994. [Act, NO.39 of 1994.] [29th June, 1994.] An Act further to amend the Anti-Hijacking Act, 1982. BE it enacted by Parliament in the forty-fifth Year of the Republic of India as follows:- 1. Short title and commencement.- (1) This act may be called the Anti-Hijacking (Amendment) Act, 1994. (2) I shall come into force on such date as the Central government may, by notification in the Official Gazette, appoint. 2. Insertion of new section 5A.- After section 5 of the Anti-Hijacking Act, 1982.(65 of 1982).(hereinafter referred to as the principal act,) the following section shall be inserted, namely:- "(5A). Conferment of powers of investigation etc.--(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, for the purposes of this act, the Central Government may, by notification in the Official Gazette, confer on any officer of the Central government, powers of arrest, investigation and prosecution exercisable by a police officer under the code of criminal Procedure, 1973 (2 of 1974). .....

Judges (Inquiry) Act, 1968 Complete Act

State: Central

Year: 1968

JUDGES (INQUIRY) ACT, 1968 JUDGES (INQUIRY) ACT, 1968 An Act to regulate the procedure for the investigation and proof of the misbehavior or incapacity of a Judge of the Supreme Court or of a High Court and for the presentation of an address by Parliament to the President and for matters connected therewith. Be it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE AND COMMENCEMENT (1) This Act may be called The Judges (Inquiry) Act, 1968. (2) It shall come into forefront such date2as the Central Government may, by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "Chairman" means the Chairman of the Council of States; (b) "Committee" means a Committee constituted under section 3; (c) "Judge" means a Judge of the Supreme Court or of a High Court and includes the Chief Justice of India and the Chief Justice of a High Court; (d) "prescribed" means prescribed by rules made under this Act; (e) "Speaker" means the Speaker of the House of the People. SECTION 03: INVESTIGATION INTO MISBEHAVIOR OR INCAPACITY OF JUDGE BY COMMITTEE (1) If notice is.....

The Kerala Public Servants (Inquiries) Act, 1963 Complete Act

State: Kerala

Year: 1963

.....commissioner the articles of charges or any of them are not drawn up with sufficient clearness and precision of if in the course of an inquiry new facts and circumstances necessitating the modification or alteration of the articles, of charges or any of them come to light, the commissioner may amend, alter or modify the articles of charges or any of them as is deemed necessary and may adjourn the inquiry for a reasonable time to enable the accused to submit written statement of his defence in respect of the charges modified, amended or altered. The commissioner may also, if he thinks fit, adjourn the inquiry from time to time on the application of either the prosecutor or the person accused on the ground of sickness or unavoidable absence of any witness or other reasonable cause. When such application is made and refused the commissioner shall record the application and his reasons for refusing to comply with it. 22. Report of commissioner's proceedings .- After the close of the inquiry the commissioner shall forthwith report to the Government his proceedings and shall send with the record thereof his opinion upon each of the articles of charges separately and his.....

Indian Penal Code (45 of 1860) Section 111

Title: Liability of Abettor when One Act Abetted and Different Act Done

State: Central

Year: 1860

When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: Proviso.--Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. Illustrations (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A's instigation, and the act done was under the circumstances a probable consequence of the abetment. A is liable in the same manner and to the same extent as if he had instigated me child to put the poison into the food of Y. (b) A instigates R to burn Z's house, B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the.....

Judges (Inquiry) Act, 1968 Section 6

Title: Consideration of Report and Procedure for Presentation of an Address for Removal of Judge

State: Central

Year: 1968

(1) If the report of the Committee contains a finding that the Judge is not guilty of any misbehaviour or does not suffer from any incapacity, then, no further Steps shall be taken in either House of Parliament in relation to the report and the motion pending in the House or the Houses of Parliament shall not be proceeded with. (2) If the report of the Committee contains a finding that the Judge is guilty of any misbehaviour or suffers from any incapacity, then, the motion referred to in sub-section (l) of section 3 shall, together with the report of the Committee, be taken up for consideration by the House or the Houses of Parliament in which it is pending. (3) If the motion is adopted by each House of Parliament in accordance with the provisions of clause (4) of article 124 or, as the case may be, in accordance with that clause read with article 218 of the Constitution, then, the misbehaviour or incapacity of the Judge shall be deemed to have been proved and an address praying for the removal of the Judge shall be presented in the prescribed manner to the President by each House of Parliament in the same session in which the motion has been adopted.