Court : Orissa
Reported in : 1985(II)OLR535
..... of such power in certain cases, is prohibited by the provisions of secs. 195 to 199 of the code unless the conditions mentioned therein are complied with. under the criminal law (amendment) act, 1952 (no. xlvi of 1952), special judges are appointed to try offences under secs. 161,162, 163,164, 165 or section 165a of the indian penal code ..... a prosecution in respect of an offence under section 161 of the indian penal code by a public servant, sanction is not necessary under section 197 of the code of criminal procedure, in view of the decision of the privy council in the case of h.h.b. gill v. the king, a. i. r. 1948 privy council ..... constable making allegations that they committed offences under sections 161, 342, 384, 504 and 506, indian penal code. the complainant was examined under section 100, code of criminal procedure, and thereafter the learned magistrate directed to hold an enquiry under section 202 of the code. several witnesses were examined in course of the said enquiry and the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2009CriLJ2035
..... 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 were introduced by the new act, i.e. 376-a, 376-b, 376-c and 376-d. the fact that sweeping changes were introduced reflects the legislative intent to ..... of rape 'carnal knowledge' means the penetration to the slightest degree of the organ alleged to have been carnally known by the, male organ of generation (stephen's 'criminal law' 9th ed.p.262). in 'encyclopedia of crime and justice' (volume 4, page 1356) it is stated '...even slight penetration is sufficient and emission is unnecessary'. ..... displayed by the complainant, the father of the prosecutrix and p.w. 6-mohammad azad that a large number of criminals go unpunished. this gives encouragement to the criminals resulting in lowering the majesty of law, causing a deep scar on the social fabric of the society, forcing the helpless victim to suffer pain and mental agony .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC559; (1956)58BOMLR995; 1956CriLJ1104; [1956]1SCR506
..... (1) [1950] s.c.r. 519. of state of madras v. v. g. row(1), section 15(2)(b) of the indian criminal law (amendment) act, 1908, as amended by the indian criminal law amendment (madras) act, 1950, was held to be unconstitutional as the restrictions imposed on the fundamental right to form associations were not held to be reasonable in spite of the ..... send him to the nearest magistrate for such action which he considers fit or as may be feasible under sections 107 to 110 of the criminal procedure code. section 57 of the act constitutes a very wide departure from such a provision and there must be clear justification for so serious an encroachment on personal liberty as is ..... acting in a way which may be a repetition of his criminal propensities. in doing so the state may have to curb an individual's activities and put fetters on his complete freedom of movement and residence in order that the greatest good of the greatest number may be conserved. the law is based on the principle that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC107; 1958CriLJ254; (1958)IILLJ1SC; (1958)IIMLJ45(SC); (1958)36MysLJ(SC)189
..... the exercise of such power in certain cases is prohibited by the provisions of sections 195 to 199 of code unless the conditions mentioned therein are complied with. under the criminal law (amendment) act, 1952 (xlvi of 1952), special judges are appointed to try offences under s. 161, 162, 163, 164, 165 or s. 165a of the indian penal code or s. 5(2 ..... of 1947), hereinafter referred to as the act. criminal appeal no. 25 of 1956 was not so limited and additional points were raised for our consideration, to which reference will be made when that appeal is specifically dealt with.2. the question of law, common in both these appeals, is whether there was any necessity for a sanction under s. 6 of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2210; 1973CriLJ1196; (1973)1SCC751; [1973]3SCR728
..... pardon. it would seem, therefore, that the district magistrate is empowered to tender a pardon even after a commitment if the court so directs. under section 8(2) of the criminal law (amendment) act, 1952, the special judge has also been granted power to tender pardon. the conferment of this power on the special judge in no way deprives the district magistrate of his ..... the offence was triable exclusively by the court of the special judge. having regard to the provisions of the criminal law (amendment) act, 1952 and the scheme of section 337 of the criminal procedure code, this court held that as the court of the special judge was in law a court of session, the district magistrate had power to grant pardon. the contention that under such circumstances the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1928; JT2009(2)SC419; RLW2009(1)SC483; 2009(2)SCALE704; 2009AIRSCW1538
..... . cruelty has been defined in the explanation for the purpose of section 498a. substantive section 498a ipc and presumptive section 113b of the evidence act have been inserted in the respective statutes by criminal law (second amendment) act, 1983. it is to be noted that sections 304b and 498a, ipc cannot be held to be mutually inclusive. these provisions deal with ..... and the same is ex. p/6 and on this report, laxman singh (p.w.13) registered marg fir no. 6/88 under section 174 of the code of criminal procedure, 1973 (in short the `code') and started investigation.during investigation, post mortem of the dead body of the deceased was conducted by dr. r.k. gupta (p ..... acquittal of the appellant inter-alia holding as follows:(i) it has not been proved by the prosecution that the deceased has been subjected to cruelty and single act of cruelty or beating is not sufficient.(ii) since the deceased had undergone tubectomy operation after delivery of 3rd child and because of that she was not in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC366; 1979CriLJ154; (1979)3SCC4; [1979]2SCR229
..... court.4. we might, state, to begin with, that so far as the present case (offences committed under the prevention of corruption act) is concerned it is regulated by the procedure laid down by the criminal law amendment act under which the police has to submit a charge-sheet directly to the special judge and the question of commitment to the court of ..... against the accused. the presumption of the guilt of the accused which is to be drawn at the initial stage is not in the sense of the law governing the trial of criminal cases in france where the accused is presumed to be guilty unless the contrary is proved. but it is only for the purpose of deciding prima facie ..... trials are concerned, two important facts may be mentioned. in the first place, the code has introduced substantial and far-reaching changes in the code of 1898 as amended in 1955 in order to cut out delays and simplify the procedure, has dispensed with the procedure for commitment enquiries referred to in section 206 to 213 of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2865; 2003(2)ALD(Cri)184; 2003CriLJ3711; 105(2003)DLT705(SC); II(2003)DMC206SC; 2003(69)DRJ714; JT2003(7)SC596; RLW2003(4)SC541; 2003(5)SCALE445; (2003)8SCC80; 200
..... defined in the explanation for the purpose of section 498-a. substantive section 498-a ipc and presumptive section 113-b of the evidence act have been inserted in the respective statutes by criminal law (second amendment) act, 1983. it is to be noted that sections 304-b and 498-a, ipc cannot be held to be mutually inclusive. these ..... also relevant for the case at hand. both section 304-b ipc and section 113-b of the evidence act were inserted as noted earlier by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths. section 113-b reads as follows:-'113-b: presumption as to dowry ..... the dreams. in-laws are characterized to be outlaws for perpetrating a terrorism which destroys matrimonial home. the terrorist is dowry, and it is spreading tentacles in every possible direction.2. with a view to curb the spiralling number of cases where demand for dowry leads to loss of life. dowry prohibition (amendment) act 1986 brought about sweeping .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3400; 1997(2)ALD(Cri)753; 1997CriLJ4059; 1997(3)Crimes301(SC); (1998)1GLR793; JT1997(7)SC695; 1997(5)SCALE667; (1997)7SCC622; [1997]Supp3SCR705
..... local authority, a corporation establish by or under a central, provincial or other state act or a government company as defined in section 617 of the companies act, 1956.11. clause twelfth was added by the criminal law (amendment) act (2 of 1958) and was substituted, in its present form, by anti-corruption laws (amendment) act, 1964 (11 of 1964). the definition of 'public servant', as set out in ..... section 21 of the ipc, has been adopted by the act so that there is no difference between the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIIAD(SC)609; 1997(1)ALD(Cri)230; 1996(4)Crimes209(SC); JT1996(10)SC792; 1996(8)SCALE503; (1996)11SCC61; [1996]Supp9SCR53
..... to the f.i.r. that was recorded on the complaint of a sub inspector of police for offences punishable under sections 332, 307 and 427 ipc, 7 of the criminal law amendment act and sections 3 and 4 of tada.3. after having given our anxious consideration to the above contention of mr. ramaswamy we are unable to accept the same. it is ..... charges that have been framed against him by the designated judge, meerut under sections 307, 332 and 427 ipc, section 14 of the foreigners act and sections 3 and 4 of the terrorist and disruptive activities (prevention) act, 1987 ('tada' for short).2. mr. ramaswamy, the learned counsel for the appellant, submitted that the entire proceedings initiated against the appellant, including the .....
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