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Home Dictionary Name: penal code Page: 3Wilfully
Wilfully, 'wilfully' as used ins. 477A of the Indian Penal Code, 1860 means 'intentionally' or 'deliberately'. Intent to defraud contains two elements viz., deceit and injury. A person is said to deceive another when by practising 'suggestion falsi' or 'suppressio veri' or both he intentionally induce another to believe a thing to be true, which he knows to be false or does not believe to be true, S. Harnam Singh v. State (Delhi Admn.), AIR 1976 SC 2140: (1976) 2 SCC 819. (Penal Code, 1860, s. 477A)Pre-supposes a conscious action, while even by negligence one can allow another to do a thing, Om Prakash Gupta v. State of Uttar Pradesh, AIR 1957 SC 458 (464). (Penal Code, 1860 s. 405)Wilfully, means deliberately and intentionally, R. v. Senior, (1899) 1 QB 283: 68 LJ QB 175....
Object held sacred
Object held sacred, the word 'object' has to be interpreted 'ejusdem generis' with a place of worship. Interpreted like that,it would mean that the section would apply only to cases where an idol in a temple is sought to be destroyed, damaged, or defiled. The words 'any object held sacred by any class of persons' even otherwise will apply only to idols in a temple or when they are carried out in processions on festival occasions, A. Veerabhadran Chettiar v. E.V. Ramaswami Naicker, AIR 1955 Mad 550. (Indian Penal Code, s. 295)Any object however trivial or destitute of real value in itself, if regarded as sacred by any class of persons would come within the meaning of the Penal Section, Veerabadran Chettiari v. E. V. Ramaswami Naicker, AIR 1958 SC 1032 (1035): 1959 SCR 1211. (Indian Penal Code, s. 295)...
Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
Charge
Charge (i) the instructions of a judge to a jury; the judge's summing up of the evidence at a trial by jury; the periodical address of a bishop or archdeacon to his clergy; the taking proceedings against a prisoner; a commission.To lay a duty upon any one, to acquaint any with the nature of their duty. See CHARGE SHEET. The clerk of arraigns gives te prisoner 'in charge' to the jury, by reading an abstract of the indictment, and they are bound to proceed to deliver him until they are discharged. To prefer an accusation against any one.A burden, duty, or trust, when attached to property; see MORTGAGES AND CHARGES, DEBENTURE, LAND CHARGES, ADMINISTRATION, REGISTRATION OF LAND.Includes any head of charge when the charge contains more heads than one. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (b)]Means expenditure, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, (1971) 1 SCC 85: AIR 1971 SC 530: (1971) 3 SCR 9.See also K. Muthuswami Gounder...
code
code [Old French, from Medieval Latin codex, from Latin caudex codex tree trunk, set of wood writing tablets, book] 1 : a systematic compilation or revision of law or legal principles that is arranged esp. by subject: as a : one that contains the law of a specific jurisdiction or topic promulgated by legislative authority [U.S. Code] [Code of Massachusetts Regulations] [building ] see also Important Laws in the back matter compare case law, digest, statute b : one that serves as a model for legislation but is not itself a law [Model Penal Code] 2 : a set of rules or regulations that is promulgated by a body (as a professional organization) and that regulates its industrial or professional practices [ABA Code of Professional Responsibility] ...
In order to
In order to, the words 'in order to' have been used in s. 449, Penal Code to mean with the purpose of. Whether or not the purpose was actually accomplished is quite irrelevant, Matiullah Sheikh v. State of West Bengal, AIR 1965 SC 132 (133): (1964) 6 SCR 978. (Indian Penal Code, s. 449)...
Right of private defence
Right of private defence, the right of private defence of person and property is recognised in all free, civilised, democratic societies within certain reasonable limits. Those limits are dictated by two considerations: (1) that the same right is claimed by all other members of the society and (2) that it is the State which generally undertakes the responsibility for the maintenance of law and order. The citizens, as a general rule, are neither expected to run away of safety when faced with grave and imminent danger to their person or property as a result of unlawful aggression, nor are they expected, by use of force, to right the wrongs done to them or to punish the wrongdoer for commission of offences. The right of private defence serves a social purpose and as observed by the Supreme Court more than once there is nothing more degrading to the human spirit than to run away in face of peril. But this right is basically preventive and not punitive, Gottipulla Venkata Siva Subbrayanam v...
Keeping
Keeping, The use of the word 'keeping' in the context connotes the idea of charge, protection, maintenance and control: further the guardian's charge and control appears to be compatible with the independence of action and movement in the minor, the guardian's protection and control of the minor being available, whenever necessity arises, State of Haryana v. Raja Ram, (1973) 1 SCC 544: AIR 1973 SC 819 (822). (Indian Penal Code, s. 361)The words 'takes or entices any minor... out of the keeping of the lawful guardian of such minor' in s. 361, are significant. The use of the word 'keeping' in the context connotes the idea of charge, protection, maintenance and control; further, the guardian's charge and control appears to be compatible with the independence of action and movement of the minor, the guardian's protection and control of the minor being available, whenever necessity arises, Parkash v. State of Haryana, (2004) 1 SCC 339 (342). (Indian Penal Code, s. 361)...
Lawful guardian
Lawful guardian, the words 'lawful guardian' in section 361 of the Penal Code are wider than the expression 'legal guardian'. That word would mean that wherever the relationship of a guardian and a ward is established by means which are lawful and legitimate that relationship is intended to be included, State v. Ramji Vithal Chaudhari, AIR 1958 Bom 381 (384).The words 'lawful guardian' in this section include any person lawfully entrusted with the care or custody of such minor or other person, Indian Penal Code, 1860, s. 361 Expl.Lawful increase means an increase in rent permitted under the provisions of this Act. [Delhi Rent Act, 1995 (33 of 1995), s. 2(f)]...
Lurking house-trespass
Lurking house-trespass, whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit 'lurking house-trespass'. (Penal Code, 1860, s. 443)Means that the accused took some active means to conceal their presence. The accused would take some steps to escape notice, Nasiruddin v. State of Assam, AIR 1971 SC 1254 (1255): (1971) 3 SCC 408. (Penal Code, 1860, s. 457)...
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