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Code of Criminal Procedure (Amendment) Act 2008 Section 23
Title: Amendment of Section 320
State: Central
Year: 2008
.....a trade or property mark used by another. 483 Ditto. Knowingly selling, or exposing or possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. 486 Ditto. Criminal breach of contract of service. 491 The person with whom the offender has contracted. Adultery. 497 The husband of the woman. Enticing or taking away or detaining with criminal intent a married woman. 498 The husband of the woman and the woman Defamation, except such cases as are specified against section 500 of the Indian Penal Code (45 of 1860) in column 1 of the Table under sub-section (2). 500 The person defamed. Printing or engraving matter, knowing it to be defamatory. 501 Ditto. Sale of printed or engraved substance containing defamatory 502 Ditto. matter, knowing it to contain such matter. Insult intended to provoke a breach of the peace. 504 The person insulted. Criminal intimidation. .....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 153AA
Title: Punishment for Knowingly Carrying Arms in Any Procession or Organising, or Holding or Taking Part in Any Mass Drill or Mass Training with Arms
State: Central
Year: 1860
1[Whoever knowingly carries arms in any procession or organizes or holds or takes part in any mass drill or mass training with arms in any public place in contravention of any public notice or order issued or made under Section 144-A of the Code of Criminal Procedure, 1973 (2 of 1974) shall be punished with imprisonment for a term which may extend to six months and with fine which may extend to two thousand rupees. Explanation.-"Arms" means articles of any description designed or adapted as weapons for offence or defence and includes firearms, sharp edged weapons, lathis, dandas and sticks.] _________________________ 1. Inserted by the Code of Criminal Procedure (Amendment) Act, 2005.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 4
Title: Savings
State: Central
Year: 1908
(1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force. (2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the lime being in force for the recovery of rent of agricultural land from the produce of such land.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 211
Title: Contents of Charge
State: Central
Year: 1973
.....charged. (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case. (6) The charge shall be written in the language of the Court. (7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact date and place of the previous, conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed. Illustrations (a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 219
Title: Three Offences of Same Kind Within Year May Be Charged Together
State: Central
Year: 1973
(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local laws: Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 329
Title: Procedure in Case of Person of Unsound Mind Tried Before Court
State: Central
Year: 1973
.....and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. 1[(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-- (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college.] 2[(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 320
Title: Compounding of Offences
State: Central
Year: 1973
.....of the Table next following may be compounded by the persons mentioned in the third column of that Table. 3[TABLE Offence Section of the Indian Penal Code applicable Person by whom offence may be compounded 1 2 3 Uttering words, etc., with deliberate intent to wound the religious feelings of any person. 298 The person whose religious feelings are intended to be wounded. Voluntarily causing hurt. 323 The person to whom the hurt is caused. Voluntarily causing hurt on provocation. 334 Ditto. Voluntarily causing grievous hurt on grave and sudden provocation. 335 The person to whom the hurt is caused. Wrongfully restraining or confining any person. 341, 342 The person restrained or confined. Wrongfully confining a person for three days or more 343 The person confined. Wrongfully confining a person for ten days or more. 344 Ditto. Wrongfully confining a person in secret. 346 .....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 354
Title: Language and Contents of Judgment
State: Central
Year: 1973
.....for such sentence. (4) When the conviction is for an offence punishable with imprisonment for a term of one year of more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the ease was tried summarily under the provisions of this Code. (5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. (6) Every order under section 117 or sub-section (2) of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 198
Title: Prosecution for Offences Against Marriage
State: Central
Year: 1973
.....with the provisions of sub-section ( 4 ) may make a complaint on his behalf; (c) where the person aggrieved by an offence punishable under1[section 494 or section 495] of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's, brother or sister2[, with the leave of the Court, by any other person related to her by blood, marriage or adoption]. (2) For the purpose of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said Code: Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on hi s behalf. (3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic,.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 328
Title: Procedure in Case of Accused Being Lunatic
State: Central
Year: 1973
.....(1A) is a person with mental retardation, the Magistrate shall further determine whether the mental retardation renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 330,] _____________________________ 1. Inserted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009. 2 Substituted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009 previous text was:- "(3) If such Magistrate is of opinion that the person referred to in sub-section (1) is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and shall postpone further proceedings in the case."
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