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Sakshi Vs. Union of India (Uoi) and ors.
Supreme Court of India
May-26-2004
CivilConstitution
Constitution of India - Articles 13, 14, 15(3), 17, 18, 19, 20(1), 21 and 32; ;Indian Penal Code (IPC), 1860 - Sections 354, 375, 376, 376(2), 376A to 376D, 377, 506 and 511; ;Criminal Law (Amendment) Act, 1983; Dowry Prohibition Act - Sections 2; ;Foreign Exchange Regulation Act - Sections 35 and 35(2); Customs Act - Sections 104; ;Sexual Offences (Amendment) Act, 1976 - Sections 1(1); Offences against Person Act, 1861 - Sections 18, 20, 42 and 47; ;Aliens Control Act, 1991 - Sections 25(5); ;Code of Criminal Procedure (CrPC) - Sections 167(1), 167(2), 273, 327(1), 327(2) and 715.1
AIR2004SC3566; 2004(2)ALD(Cri)504; 2004(2)BLJR1378; 98(2004)CLT491(SC); 2004CriLJ2881; 112(2004)DLT457(SC); 2004(77)DRJ390; RLW2004(3)SC402; 2004(6)SCALE15; (2004)5SCC518; 2004 INSC383
set out in prayer (A) aforesaid as offences under Section 375, 376 and 376A to 376D of the Indian Penal Code, 1860;C) Issue such other writ order or direction as this Hon'ble Court may deem appropriate in the present facts
Tag this Judgment! AI Brief & AskState of Madhya Pradesh Vs. Babbu Barkare @ Dalap Singh
Supreme Court of India
May-13-2005
Criminal
Indian Penal Code , 1860 - Sections 375, 376, 376A, 376B, 376C, 376D, 376(1) and 376(2); Constitution of India - Article 136; Criminal Law (Amendment) Act, 1983
AIR2005SC2846; 2005CriLJ3117; JT2005(11)SC257; 2005(4)MPHT1; 2005(II)OLR(SC)414; (2005)5SCC413
factual aspects is unnecessary.3. The respondent faced trial for alleged commission of offences punishable under Section 376 of the Indian Penal Code, 1860 (in short the 'IPC') The respondent- accused Babbu was sentenced to undergo rigorous imprisonment for a period of … heading for 'Sexual offence', which encompasses Sections 375, 376, 376-A, 376-B, 376-C, and 376-D. 'Rape' is defined in Section 375. Sections 375 and 376 have been substantially changed by Criminal Law (Amendment) Act, 1983, and several new sections
Tag this Judgment! AI Brief & AskNaz Foundation Vs. Government of Nct and ors.
Delhi
Jul-02-2009
CriminalConstitution
Buggery Act, 1533; Sexual Offences Act, 1967; The Criminal Tribes Act, 1871; Punjab Excise Act, 1914 - Sections 30; Indian Penal Code (IPC), 1860 - Sections 292, 366, 377 to 376E and 497; Tasmanian Criminal Code - sections 122 and 123; Code of Criminal Procedure (CrPC) , 1997; Code of Criminal Procedure (CrPC) , 1973; Constitution of India - Sections 10 - Articles 2, 2.2, 3, 8, 12, 13, 14, 15, 15(1), 15(2), 15(5), 16, 17, 19, 19(1), 19(2), 21, 246(1) and 372
2010CriLJ94; 160(2009)DLT277
Non Governmental Organisation (NGO) as a Public Interest Litigation to challenge the constitutional validity of Section 377 of the Indian Penal Code, 1860 (IPC), which criminally penalizes what is described as 'unnatural offences', to the extent the said provision criminalises consensual … the another person except carried out for proper hygienic or medicinal purposes.The recommended provision to substitute the existing Section 375 IPC reads thus:375.Sexual Assault: Sexual assault means - (a) penetrating the vagina (which term shall include the labia
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State of Rajasthan Vs. Hemraj and anr.
Supreme Court of India
Apr-27-2009
Criminal
Juvenile Justice Act, 2000; Indian Penal Code (IPC), 1860 - Sections 34, 342, 375, 376 and 376(2)
AIR2009SC2644; 2009(57)BLJR1882; JT2009(6)SC87; 2009(6)SCALE586; (2009)12SCC403; 2009(5)LC2299(SC); 2009AIRSCW4068
as follows:Respondents were facing the trial for alleged commission of offence punishable under Section 342 and 376(2) of the Indian Penal Code, 1860 (in short the `IPC'). PW1 was the victim. The trial court noticed that it was the accused Chandan … have committed gang rape within the meaning of this Sub-section.xx xx xx xx xx7. A bare reading of Section 375 makes the position clear that rape can be committed only by a man. The section itself provides as
Tag this Judgment! AI Brief & AskKoppula Venkat Rao Vs. State of Andhra Pradesh
Supreme Court of India
Mar-10-2004
Criminal
Indian Penal Code (IPC), 1860 - Sections 122, 375, 376, 399 and 511
AIR2004SC1874; 2004CriLJ1804; JT2004(3)SC328; 2004(3)SCALE96; (2004)3SCC602
Trial Court and upheld by Learned Single Judge of the Andhra Pradesh High Court under Section 376 of the Indian Penal Code, 1860 (in short 'the IPC'). He was sentenced to undergo 10 years RI by the Trial Court which was … without penetration constitutes an attempt to commit rape and not actual rape. Definition of 'rape' as contained in Section 375 IPC refers to 'sexual intercourse' and the Explanation appended to the Section provides that penetration is sufficient to
Tag this Judgment! AI Brief & AskBhupinder Singh Vs. U.T. of Chandigarh
Supreme Court of India
Jul-10-2008
Criminal
Indian Penal Code (IPC), 1860 - Sections 375, 376, 417, 420 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 357
2008CriLJ3446; 2008(10)SCALE3
passed by learned Additional Sessions Judge, Chandigarh, convicting him for offences punishable under Sections 376 and 417 of the Indian Penal Code, 1860 (in short `the Code'). He was sentenced to undergo rigorous imprisonment for seven years and to pay a … wife and nominee.7. The High Court found that the case at hand was covered by Clause 'Fourthly' of Section 375 IPC and, therefore, was guilty of the offence and was liable for punishment under Section 376 IPC. Accordingly,
Tag this Judgment! AI Brief & AskArjun Singh Vs. State of H.P.
Supreme Court of India
Feb-06-2009
Criminal
Evidence Act, 1872 - Sections 35; Criminal Law (Amendment) Act, 1983; Indian Penal Code (IPC), 1860 - Sections 100, 107, 109, 120A, 120B, 363, 365, 366, 375, 376, 376A, 376B, 376C, 376D and 511
AIR2009SC1568; 2009CriLJ1332; JT2009(2)SC413; 2009(2)SCALE302; (2009)4SCC18; 2009(2)ShimLC83; 2009(2)LC651(SC); 2009AIRSCW1096; 2009(3)KCCRSN161
the appellant for offences punishable under Sections 376, 511, 363 and 366 as well as Section 100 of the Indian Penal Code, 1860 (in short the IPC). He was sentenced to undergo rigorous imprisonment for 7 years, 3 years, 4 years, … heading for 'Sexual offence', which encompasses Sections 375, 376, 376A, 376B, 376C, and 376D. 'Rape' is defined in Section 375. Sections 375 and 376 have been substantially changed by Criminal Law (Amendment) Act, 1983, and several new sections
Tag this Judgment! AI Brief & AskBhupinder Sharma Vs. State of Himachal Pradesh
Supreme Court of India
Oct-16-2003
Criminal
Indian Penal Code 1860 - Sections 34, 228A, 342, 375, 376, 376(1), 376(2), 376(2)(1), 376A, 376B, 376C and 376D; ;Evidence Act - Sections 114A; Criminal Law (Amendment) Act, 1983
AIR2003SC4684; 2004CriLJ1; (2004)1GLR761; JT2003(Suppl2)SC493; 2003(8)SCALE735; (2003)8SCC551; 2004(1)LC495(SC)
as done by the Himachal Pradesh High Court for an offence of rape punishable under Section 376 of the Indian Penal Code 1860, (in short 'the IPC') is the subject matter of challenge in this appeal.2. We do not propose to … heading for 'Sexual offence', which encompasses Sections 375, 376, 376-A, 376-B, 376-C, and 376-D. 'Rape' is defined in Section 375. Sections 375 and 376 have been substantially changed by Criminal Law (Amendment) Act, 1983, and several new sections
Tag this Judgment! AI Brief & AskRamkripal S/O Shyamlal Charmakar Vs. State of Madhya Pradesh
Supreme Court of India
Mar-19-2007
Criminal
Indian Penal Code (IPC), 1860 - Sections 122, 354, 375, 376, 399 and 511
2007CriLJ2302; JT2007(4)SC393; 2007(I)OLR(SC)803; 2007(4)SCALE438; 2007AIRSCW2198; (2007)3Crimes115(SC)
the learned III Additional Sessions Judge, Satna. Appellant was found guilty of offences punishable under Section 376 of the Indian Penal Code, 1860 (in short the 'IPC') and was sentenced to undergo RI for seven years.3. Prosecution version as unfolded during … without penetration constitutes an attempt to commit rape and not actual rape. Definition of 'rape' as contained in Section 375 IPC refers to 'sexual intercourse' and the Explanation appended to the Section provides that penetration is sufficient to
Tag this Judgment! AI Brief & AskState of Madhya Pradesh Vs. Munna Choubey and anr.
Supreme Court of India
Jan-24-2005
Criminal
Indian Penal Code (IPC), 1860 - Sections 109(1), 375, 376, 376(1), 376(2), 376A, 376B, 376C, 376D and 450; Constitution of India - Article 136; Criminal Law; Criminal Law (Amendment) Act, 1983 - Sections 375, 376A, 376B, 376C and 376D
AIR2005SC682; 2005(1)ALD(Cri)510; 2005(1)BLJR330; (2005)3CALLT62(SC); 2005CriLJ913; JT2005(2)SC122; (2005)2SCC710
aspects is unnecessary.3. The respondents faced trial for alleged commission of offences punishable under Sections 450, 376(1)/109(1) of the Indian Penal Code, 1860 (in short the 'IPC') The respondent-accused Munna was sentenced to undergo rigorous imprisonment for a period of seven … heading for 'Sexual offence', which encompasses Sections 375, 376, 376-A, 376-B, 376-C, and 376-D, 'Rape' is defined in Section 375. Sections 375 and 376 have been substantially changed by Criminal Law (Amendment) Act, 1963, and several new sections
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