Court : Orissa
Reported in : 66(1988)CLT575; 1989CriLJ224
..... (1984) 53 cut lt 1 and after referring to section 7(3) of the criminal law amendment act, it has been observed that when the trial before the special judge relating to the offence under section 5(2) of prevention of corruption act is held to be no trial at all due to want of valid sanction under section 6 of the prevention of corruption act, the special judge would have 10 further jurisdiction under section 7 of the criminal law amendment act to try the offences under sections 467 and 477a, i. p.c. ..... hussain's case had not kept in his mind the provision of section 7(3) of the criminal law amendment act. ..... mohanty, the learned counsel, for the appellant relying upon the self-same decision of baikutnanath mohanty's case (1985) 1 orissa lr 263 : 1985 cri lj 563 contends that once the conviction under section 5(2) of the prevention of corruption act fails, then the special judge would have no further jurisdiction to continue the trial in respect of two other offences of the indian penal code and therefore the conviction on those counts also must fail ..... appellant who was the cashier of the division office of the forest corporation stood charged under sections 5(1)(c) and 5(1)(d) read with section 5(2) of the prevention of corruption act as well as under sections 409 and 477a of the indian penal code. ..... for six months for the offence under the prevention of corruption act as well as six months each for the offence under sections 409 and 477a, i.p.c, and the sentences have been directed to run .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ174; 1994(II)OLR430
..... stantive section 498a, ipc and presumptive section 113a of the act have been inserted in the respective statutes by criminal law (second amendment) act, 1983 ..... both sections 304b, ipc and section 113b of the act were inserted by the dowry prohibition (amendment) act 43 of t986 with a view to combat the increasing menace ..... for dowry, such death snail be called 'dowry death', and such husband or relative shall be deemed to have caused her death.explanation-for the purpose of this sub-section 'dowry' shall have same meaning as in section 2 of the dowry prohibition act, 1961,(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seve years but which may extend to imprisonment for life' ..... 'soon before' is very relevant where section 113b of the act and section 304b ipc are pressed into service. ..... or any relative of her husband,(iv) such cruelty or harassment should be for or in connection with demand for dowry,(v) such cruelty or harassment is shown to have been meted out to the woman soon before her death.section 113b of the indian evidence act, 1872 (in short, the 'act') is also relevant for the case at hand. ..... as per the definition of 'dowry death' in section 304b, ipc and the wording in the presumptive section 113b of the act, one of the essential ingredients, amongst others, in both the provisions is that the concerned woman must have been (soon before her death) subjected to cruelty or harassment(for or in connection with the demand .....
Tag this Judgment!Court : Orissa
Reported in : 1985(II)OLR535
..... the criminal law (amendment) act, 1952 ..... (1) no court shall take cognizance of an offence punishable under section 161 or section 164 or section 165 of the indian enal code (45 of 1860), or under sub-section (2) or sub-section (3-a) of section 5 of this act, alleged to have been committed by a public servant, except with the previous sanction,(a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save ..... 220, held that even though for 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 ..... the learned counsel for the petitioner, contends that in view of the provisions of section 6 of the prevention of corruption act, 1947 (hereinafter referred to as the 'act'), no court can take cognizance of an offence under section 161, indian penal code, without the previous sanction as contained in section 6 of the act, since admittedly the petitioner was a public servant on the date the alleged offence was committed and continued to be a public servant when cognizance ..... examined in course of the said enquiry and the learned magistrate on being satisfied that prima facie a case has been established under section 161, indian penal code, took cognizance of the same and issued summons to the accused persons fixing 27.2 1984 for their appearance. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2009CriLJ2035
..... 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 ..... in the crime 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). ..... after recording the evidence of the prosecution, the accused was examined under section 313 of the code of criminal procedure. ..... on 13-6-1997 sahun, the appellant, was summoned for trial for offence under section 376(f) of the indian penal code for committing rape upon sahina aged about 6/7 years ..... 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 throughout the life.24 ..... in parikh's text book of medical jurisprudence and toxicology, the following passage is found:sexual intercourse-in law, this term is held to mean the slightest degree of penetration of the vulva by the penis with or without emission of semen ..... counsel for the appellant has next submitted that the doctor had found that the hymen of sonia was intact and, therefore, the charge for rape under section 376, ipc as defined in section 375, ipc has not been made out. ..... per the police proceedings, on the aforementioned statement, an offence punishable under section 376(f) of the indian penal code was found to be made out. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC559; (1956)58BOMLR995; 1956CriLJ1104; [1956]1SCR506
..... 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 fact that there was a provision for ..... was likely again to engage in the commission of similar offences and saying that he was satisfied about the matters contained in the previous notice, the first respondent directed the petitioner under section 57 of the act to remove himself outside the limits of greater bombay within two days from the date of the final order in the case pending against him, as noted in the order, for a ..... , though the procedural portion of the law as provided in sections 59 and 61 of the act may not be open to serious criticism, the substantive portion of the law relating to content of the power as provided under section 57 of the act cannot be held to be in the nature of reasonable restriction of ..... section is plainly meant to prevent a person who has been proved to be a criminal from acting in a way which may be a repetition of his criminal ..... take preventive action under section 57 of the act the legislature has entrusted police officers or magistrates of the higher ranks to examine the facts and circumstances of each case brought before them by the criminal investigation department. ..... against' section 57 of the act is directed both against the procedural part of the law and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC107; 1958CriLJ254; (1958)IILLJ1SC; (1958)IIMLJ45(SC); (1958)36MysLJ(SC)189
..... under the criminal law (amendment) act, 1952 (xlvi of 1952), special judges are appointed to try offences under ..... this sub-section was inserted into the act by the prevention of corruption (second amendment) act, 1952, and it purported to finally settle any doubts which may arise as to which authority should grant the sanction in the case of a public servant who had committed an offence mentioned in ..... previous sanction necessary for prosecution : (1) no court shall take cognizance of an offence punishable under section 161 or section 164 or section 165 of the indian penal code (act 45 of 1860), or under sub-section (2) of section 5 of this act, alleged to have been committed by a public servant, except with the previous sanction, (a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or ..... (2) where for any reason whatsoever any doubt arises whether the previous sanction as required under sub-section (1) should be given by the central or state government or any other authority, such sanction shall be given by that government or authority which would have been competent to remove the public servant from his office at the ..... section 190 of the code of criminal procedure confers a general power on a criminal court to take cognizance of offences, but 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2210; 1973CriLJ1196; (1973)1SCC751; [1973]3SCR728
..... 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. ..... under section 8(2) of the criminal law (amendment) act, 1952, the special judge has also been granted power to tender pardon. ..... (3) in any event, the grant of pardon by the district magistrate is only an irregularity, which is cured by clause (g) of section 529 of the criminal procedure code; and as such the high court was in error in interfering with the said order.9. mr. b.p. ..... rana, learned counsel for the state, has raised three contentions:(1) the power under section 337 of the criminal procedure code exercisable by the various magistrates mentioned therein is concurrent and the district magistrate in the circumstances of this case was competent to grant pardon to respondent no. 2. ..... both respondents 2 and 3 made applications on december 17, 1964, under section 337 of the criminal procedure court before the first class magistrate praying for grant of pardon. ..... the present case is covered by the proviso to section 337 and not by section 338 of the criminal procedure code. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1928; JT2009(2)SC419; RLW2009(1)SC483; 2009(2)SCALE704; 2009AIRSCW1538
..... section 498a ipc and presumptive section 113b of the evidence act have been inserted in the respective statutes by criminal law (second amendment) act ..... or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.explanation - for the purpose of this section 'cruelty' means -(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the ..... 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 ..... counsel for the appellant submitted that the marriage took place some time in1976 and the date of occurrence is july, 1998 and therefore section 113b of the indian evidence act, 1872 (in short the `evidence act') has no application. ..... further as per section 113a of the evidence act when the question as to whether commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of ..... of section 113a of the indian evidence act cannot ..... period of operation of section 113b of the evidence act is seven years, presumption arises when a woman committed suicide within a period of seven ..... section 498a ipc and section 113b of the evidence act include .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC366; 1979CriLJ154; (1979)3SCC4; [1979]2SCR229
..... 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 session does not arise, but the sessions judge has nevertheless to follow the procedure prescribed for trial of sessions cases and the consideration governing the interpretation of section 227 of the code apply mutatis mutandis ..... 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 code, of 1898 and has made commitment more or less a legal formality. ..... to take evidence of the prosecution witnesses after giving opportunity to the accused to cross-examine the witnesses and was then required to hear the parties and to commit the accused to the court of session unless he chose to act under section 209 and found that there was no sufficient ground for committing the accused person for trial. ..... 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. .....
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
..... 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. ..... dowry prohibition (amendment) act 1986 brought about sweeping change sin the penal statutes, and sections 304-b of the indian penal code, 1860 (in short the 'ipc') and section 113b of indian evidence act, 1872 (in short the 'evidence act') came to be enforced.3. ..... 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. ..... the expression 'soon before her death' used in the substantive section 304-b ipc and section 113-b of the evidence act is present with the idea of proximity test. ..... the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. ..... as per the definition of 'dowry death' in section 304-b ipc and the wording in the presumptive section 113-b of the evidence act, one of the essential ingredients, amongst others, in both the provisions is that the concerned woman must have been 'soon before her death' subjected to cruelty or harassment 'for or in connection with the demand of dowry'. ..... (v) such cruelty or harassment is shown to have been meted out to the woman soon before her death.section 113-b of the evidence act is also relevant for the case at hand. .....
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