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Wrongful confinement

(1972) 1 SCC 764 (770): (1972) 3 SCR 422. (Indian Penal Code, s. 342) Whoever wrongfully restrains any person in such a … circumscribing limits, is said 'wrongfully to confine' that person. (Indian Penal Code, s. 340)

Wrongful gain

v. Union of India, AIR 1959 SC 1390 (1392). (Indian Penal Code, s. 24) Wrongful gain is gain by unlawful means of … to which the person gaining is not legally entitled. (Indian Penal Code, s. 23)

Wrongful restraint

to proceed, is said wrongfully to restrain that person. (Indina Penal Code, s. 339) Whoever voluntarily obstructs any person so as to … not an offence within the meaning of this section. (Indian Penal Code, s. 339)

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Intent and knowledge

'knowledge' in the ingredients of s. 299 of the Indian Penal Code postulate the existence of positive mental attitude and this mental … (1524): (1976) 2 SCC 788. Knowledge in s. 304, Indian Penal Code, Part II is the knowledge of likelihood of death and

Criminal trespass

trespass within the meaning of s. 441 of the Indian Penal Code. In order to satisfy the conditions of s. 441 it … Kishore, (1983) 3 SCC 25: AIR 1983 SC 159 (161). [Penal Code, 1860, s. 441]

In furtherance of the common intention

common intention, to invoke the aid of s. 34 Indian Penal Code, 1860 success-fully, it must be shown that the criminal act … AIR 1965 SC 1260 (1262): 1965 Cri LJ 226. (Indian Penal Code s. 34)

Criminal Act

the Criminal Act mentioned in s. 34 of the Indian Penal Code is the result of the concerted action of the more … 1965 SC 1260 (1262): (1965) 2 Cri LJ 226. (Indian Penal Code, 1860, ss. 34 and 301)

substantial capacity test

the requirements of the law called also ALI test Model Penal Code test compare diminished capacity, irresistible impulse test, m'naghten test NOTE: … test NOTE: This test was first formulated in the Model Penal Code and has been adopted by many jurisdictions.

Abduction

whenever these elements are present the clause will be applicable (Penal Code 1860), Vishwanath v. State of Uttar Pradesh, (1960) 1 SCR

Adequate and special reasons

State of Himachal Pradesh, (2003) 8 SCC 551 (558). (Indian Penal Code, 1860, s. 376) --the expression 'adequate and special reasons'[ indicates … v. State of Himachal Pradesh, AIR 2000 SC 1920 (1925). [Penal Code, 1860, s. 376(2), proviso] Means the reason has not only

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