GOVERNMENT OF INDIA, MINISTRY OF LAW. Page 2. Page 3. Page 4. Page 5. Page 6. Page 7. Page 8. Page 9. Page Page Page Page called the Indian Penal Code, and shall 3*[extend to the whole of. India 4*[except the State of Jammu and Kashmir]]. 2. Punishment of offences committed within. OFFENCES RELATING TO DOCUMENTS. AND TO [***] PROPERTY .. subject to Indian Penal Code for an act committed within Esop.- Jilendranath Gohsoh v.
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This Act shall be called the Indian Penal Code, and shall Any person liable, by any 7*[Indian law], to be tried for an offence than the documents described in section of this Code, intending that such device or mark. Collected by the All India Christian Council, meatfharfuhandsi.ga Page 1 of THE INDIAN PENAL CODE, ACT NO. 45 OF 1*. [6th October. IPC, Indian Penal Code a.k.a IPC Bare Act Updated to Include Criminal Code of Conduct (Amendment) Act, New Updated Good Color Scheme.
When an offence takes place and or is reported and the investigation is initiated such investigation under Section of the Cr. To understand the concept better it can be said that from the stage of filing of FIR to framing of charge the Charge, the various stages are within the ambit of Pre Trial Stage.
Trials: To understand how the trials are differentiated, one has to understand the concept of the offence and the types of offences.
Simply offences wherein bail is granted as of right are called as 4 Bailable offences and wherein bail is not granted as of right are generally Cognizable offences. Furthermore, the offences are classified as Cognizable and Non Bailable.
The offences where punishment is more than 7 years till death, such offences are tried as Warrant Trials which includes Sessions and where punishment is not more than 2 years such offences are tried as Summary or Summons trials.
Section 420 of the Indian Penal Code
Warrant Trials are of two types: a Upon Police Report i. The difference between the two is that once the FIR is registered and Final Report if submitted by police before the Magistrate the same has to be considered as State Case and the same is the baby of the Public Prosecutor whereas in complaints filed before the Court and procedure under Section , etc is followed and evidence is lead by the private party the same becomes a private case where the state does not have any role to play whereas in a private complaint filed by a Complainant, upon pleading for 3 i.
Cases triable by Sessions Court are considered as Sessions Trial. This is an important stage wherein the prosecution provides a list of documents like panchanamas, FIR, statements of witnesses, etc thereby calling upon the defence to admit or deny the contents of the same.
Admitting any of the documents at this stage by the defence amounts to admitting the contents of the documents thereby relieving the prosecution of its burden of proving that particular 7 document and the same is considered as proved and hence read in evidence.
Herein the accused is explained the various offences he has been charged by explaining the section or the contents of the same in the language the accused understands thereby giving an opportunity to the accused to understand what he is going to be proved against him and what is he facing the trial for. The various methods used by the defence to impeach the credit of the witness can be either by eliciting the truth from the 8 mouth of the witnesses or bringing on record the contradictions, omissions and improvements on record with the help of Section of the Indian Evidence Act.
The evidence is recorded by the Court in the language of the Court English and the vernacular. At this juncture the Indian Evidence Act can come to the aid of the prosecutor and the defence to show what is relevant, irrelevant, what is admissible and what is not admissible and hence good knowledge of the Evidence Act comes handy for the lawyers. The said procedure is not conducted by tendering oath to the accused as the same would be against the basic principles of self-incrimination.
After considering the of the accused the defence counsel would decide whether to tender any witnesses or evidence on behalf of the accused.
In short burden upon prosecution to prove the case is heavy. The accused has to bring his case within the parameters of preponderance of probabilities i.
The prosecution has to prove the case either to be black or white but the defence has to bring the case in the grey area. Sections from to lay down the general principles of burden of proof.
Acts Relating to Police Forces
Further provides the concept of presumption and adverse inference upon failure to provide evidence. There is a concept of Estoppel i. Also one most important cardinal rule of Indian Evidence Act 10 is that documentary evidence shall prevail over oral evidence. Important provisions of rules of evidence are that under the chapter of relevancy of facts and it is one of the most complex chapters which even I have to understand in totality.
One has to understand what admissibility is and what is relevancy as there exists a deep connection between what is admissible and what is relevant. The law had come under sharp criticism for treating women as possession of men.
He contended that the law is discriminatory.
The combined reading of the adultery laws allowed the aggrieved husband of the married woman in adulterous relationship to file a complaint. But same right was not available to an aggrieved wife if her husband wsa found to be in an adulterous relationship.
Indian Penal Code 1960
Petitioner contended that the adultery law violated the fundamental right of equality guaranteed under Articles 14 and 15 of the Constitution. The dominant argument in the court hearing was that Section , governing adultery law, discriminated against men by not making women equally culpable in an adulterous relationship.
It was also argued that adultery law gave a license to women to commit the crime. It held that Section did not give a license to women to commit adultery. The judgment said that making a special provision for women to escape culpability was constitutionally valid under Article 15 3 that allows such a law.
Moreover, in an interesting observation, the Supreme Court said in the judgment that "it is commonly accepted that it is the man who is the seducer, and not the woman. However, despite declaring women as "victim only" in the occurrence of the crime of adultery, the court did not allow them to file a complaint.
Timeline: The struggle against section 377 began over two decades ago
In Sowmithri Vishnu case, the Supreme Court held that women need not be included as an aggrieved party in the name of making the law even handed. It also explained as to why women should not be involved in prosecution in the cases of adultery. The Supreme Court held that men were not allowed to prosecute their wives for the offence of adultery in order to protect the sanctity of marriage.
For the same reason, women could not be allowed to prosecute their husbands.
The judgment retained the offence of adultery as a crime committed by a man against another man. The Supreme Court also rejected the argument that unmarried women should be brought under the purview of the adultery law.Referring to the earlier judgements, the bench said it was clearly indicated that punishment provided under section A of Below are the details of the IPC section and POCSo Act under which Asaram has been convicted.
But Section 27 of the Act allows or permits so much of such which leads to the discovery of fact i.
As far as our laws are concerned the origin of our law are morals, customs, rituals, etc and subsequently the said morals, customs and traditions took the place of statutes in our law books.
Hence to conclude, it is necessary to understand the various aspects of Indian Penal Code, Criminal Procedure Code and the Indian Evidence Act in a holistic manner to conduct a trial and as well the brief knowledge of the same to each individual is necessary to understand what and how the system works and functions.
By Maria Thomas September 6, In a landmark decision, the supreme court has finally struck down a 19th century law criminalising homosexuality in India.
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