'Voluntary Provocation' Cannot Attract Exception To Offence Of Murder: SC [Read Judgment]
6 years, 1 month ago

'Voluntary Provocation' Cannot Attract Exception To Offence Of Murder: SC [Read Judgment]

Live Law  

The Supreme Court has observed that if the provocation was voluntary on the part of the accused, it would not attract exception 1 to Section 300 of the Indian Penal Code. The bench comprising Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul set aside a High Court judgment that had converted the conviction of the accused from under Section 302 IPC to Section 304 Part I, IPC. In appeal, the High Court, while converting the conviction to Section 304 Part I, IPC, observed that the intervention of the deceased in the quarrel between the two factions had made the accused lose self control and this resulted in grave and sudden provocation. The court said that the High Court committed a serious error in converting the conviction from under Section 302 IPC to under Section 304 Part I IPC, without proper appreciation of the scope of Section 300 IPC.

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History of this topic

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration
3 weeks, 2 days ago

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration

Live Law  

The Supreme Court recently discharged two persons accused of not providing safety equipment to their employees, leading to their deaths due to electrocution while working on a signboard by using an iron ladder. The Trial Court and High Court rejected the appellants' discharge application, holding that there was sufficient material to proceed with the trial under Section 304 Part II …

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC
1 month, 2 weeks ago

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC

Live Law  

The Calcutta High Court has held that a mere threat of implicating someone in a false criminal case, without any positive act that pushes the victim over the edge, would not be sufficient to attract the offence of abetment to suicide under Section 306 of the IPC.Justice Ajoy Kumar Mukherjee held: "There is no material against the petitioners of such …

Senior's admonition at workplace not criminal offence: SC
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1 month, 2 weeks ago

Senior's admonition at workplace not criminal offence: SC

Deccan Chronicle  

New Delhi: Senior's admonition at the workplace does not amount to an "intentional insult" requiring criminal proceedings, the Supreme Court has held.The top court said allowing criminal charges to be pressed against individuals in such cases may lead to disastrous consequences, crippling the entire disciplinary atmosphere required in the workplace. A bench of Justices Sanjay Karol and Sandeep Mehta said …

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains
1 year, 2 months ago

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains

Live Law  

The Supreme Court, in a crucial judgment with respect to section 27 of the Evidence Act, reiterated the three conditions to invoke this provision. Additionally, it must be noted that, in the present case, the Court clarified that discovery of fact also includes knowledge of the accused person. “However, we must clarify that Section 27 of the Evidence Act, as …

Supreme Court Rejects Defence Of Intoxication In Murder Case, Says Accused Walking Properly & Returning To Shoot Indicated Alert Mental State
1 year, 4 months ago

Supreme Court Rejects Defence Of Intoxication In Murder Case, Says Accused Walking Properly & Returning To Shoot Indicated Alert Mental State

Live Law  

The Supreme Court recently upheld the conviction of a convict for the offence of murder under Section 302 of the Indian Penal Code after carefully considering the impact of intoxication on him at the time of the incident. Thus, in the absence of such evidence, coupled with the fact that it is not the case of the appellant that he …

Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC
1 year, 8 months ago

Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC

Live Law  

The Supreme Court recently converted the conviction of a Delhi Police guard under Section 302 IPC to Section 304A in the case related to the death of a constable due to accidental firing. The court finally held that “the prosecution has failed to prove that the appellant had either any intention of causing the death of the deceased or the …

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court
2 years, 5 months ago

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court

Live Law  

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under Section 306 of the Indian Penal Code.In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the …

Murder Charge Can Be Added Against Accused If Injured Victim Dies Due To Septicemia Days After Being Discharged From Hospital: MP High Court
2 years, 7 months ago

Murder Charge Can Be Added Against Accused If Injured Victim Dies Due To Septicemia Days After Being Discharged From Hospital: MP High Court

Live Law  

The Madhya Pradesh High Court recently refused to interfere with the decision of the trial court to add charge for offence of Murder punishable under Section 302 IPC against the accused after the injured person died 13 days subsequent to being discharged from the hospital. Taking note of the law laid down by the Supreme Court in the case of …

Murder Trial - Supreme Court Applies "Sustained Provocation Principle"; Gravity Of "Provocation" Can Be Assessed Based On History Of Abuse
2 years, 7 months ago

Murder Trial - Supreme Court Applies "Sustained Provocation Principle"; Gravity Of "Provocation" Can Be Assessed Based On History Of Abuse

Live Law  

The Supreme Court observed that, for the purpose of Exception 1 of Section 300 IPC, the last provocation has to be considered in light of the previous provocative acts or words, serious enough to cause the accused to lose his self-control.The bench comprising Justices Sanjiv Khanna and Bela M. Trivedi also clarified that this principle does not do away with …

Abetment Of Suicide | "Positive Act" Of Instigation Necessary For Conviction U/S 306 IPC: Gujarat High Court Reiterates
3 years ago

Abetment Of Suicide | "Positive Act" Of Instigation Necessary For Conviction U/S 306 IPC: Gujarat High Court Reiterates

Live Law  

The Gujarat High Court has reiterated that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction under Section 306 of the Indian Penal Code cannot be sustained. "The essential ingredients of the offence under Section 306 IPC are: the abetment; the intention of the accused to aid or instigate or abet …

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains
3 years, 1 month ago

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains

Live Law  

In a recent judgment, the Supreme Court discussed the circumstances which can be used to infer if there was an intention to cause death in a murder case under Section 302 of the Indian Penal Code.A Bench of Justice MR Shah and Justice BV Nagarathna was considering the State of Uttarakhand's appeal challenging High Court's order setting aside the conviction …

Mere Quarrel On The Day Of Occurrence Does Not Attract Offence Of Abetment Of Suicide U/s 306 IPC: Supreme Court
3 years, 6 months ago

Mere Quarrel On The Day Of Occurrence Does Not Attract Offence Of Abetment Of Suicide U/s 306 IPC: Supreme Court

Live Law  

The Supreme Court observed that mere quarrel on the day of occurrence cannot attract the offence of abetment of suicide under section 306 of the Indian Penal Code.The bench of Justices MR Shah and Aniruddha Bose reiterated that mere harassment without any positive action on the part of the accused proximate to the time of occurrence which led to the …

Charges For Both Murder And Abetment Of Suicide Cannot Coexist, Charge In The Alternative Can Be Framed Against An Accused: Kerala High Court
4 years ago

Charges For Both Murder And Abetment Of Suicide Cannot Coexist, Charge In The Alternative Can Be Framed Against An Accused: Kerala High Court

Live Law  

In an order rendered on Tuesday, the Kerala High Court emphasised that a person could not be charged for murder as well as abetment of suicide simultaneously. A Single Judge Bench of Justice R Narayana Pisharadi underscored that the offences of murder and suicide, punishable under Sections 302 and 306 respectively, were 'mutually exclusive' and could not coexist. While Section …

Death Occurred Due To Single Stab Injury Can Also Attract Section 302 IPC (Murder): SC [Read Judgment]
4 years, 6 months ago

Death Occurred Due To Single Stab Injury Can Also Attract Section 302 IPC (Murder): SC [Read Judgment]

Live Law  

The Supreme Court has observed that even in cases when death occurs due to single stab injury, Section 302 of the Indian Penal Code can be attracted.There is no hard and fast rule that in a case of single injury Section 302 IPC would not be attracted, said the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah …

Offence Of Abetment To Suicide (Sec 306 IPC) May Attract When Accused Played Active Role In Tarnishing Self Respect Of Deceased Victim: SC [Read Judgment]
5 years, 8 months ago

Offence Of Abetment To Suicide (Sec 306 IPC) May Attract When Accused Played Active Role In Tarnishing Self Respect Of Deceased Victim: SC [Read Judgment]

Live Law  

The Supreme Court has observed that if the accused is found to have played in an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, he can be held guilty of abetment of suicide.The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari observed thus while affirming the conviction …

Case Of Death By Single Blow On Vital Part Of Body May Fall Under Section 302 IPC (Murder), Reiterates SC [Read Judgment]
5 years, 10 months ago

Case Of Death By Single Blow On Vital Part Of Body May Fall Under Section 302 IPC (Murder), Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that, even in a case of death by a single blow, but on the vital part of the body, the case may fall under Section 302 of the Indian Penal Code. The bench comprising Justice MR Shah and Justice AS Bopanna were considering an appeal filed by the State of Madhya Pradesh against alteration of …

Attempt Under Indian Penal Code
5 years, 10 months ago

Attempt Under Indian Penal Code

Live Law  

Try and try, till you succeed. But, an unsuccessful attempt also renders one liable under offences that specifically punish an "attempt to commit the offence". Where Section 121 punishes attempts to wage war as severely as waging war itself, Section 307 imposes a lighter sentence for attempting to commit murder as against committing murder. Scope of Attempts and the Basic …

Proof Of Grievous/Life Threatening Hurt Not Necessary For Conviction Under Section 307 IPC [Attempt To Murder]: SC [Read Judgment]
6 years, 1 month ago

Proof Of Grievous/Life Threatening Hurt Not Necessary For Conviction Under Section 307 IPC [Attempt To Murder]: SC [Read Judgment]

Live Law  

The Supreme Court has observed that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 of the Indian Penal Code. In the appeal filed by the state, the bench examined the provisions of Section 307 IPC and observed: The first part of Section 307 refers to "an act with such intention …

Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC: SC
6 years, 2 months ago

Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC: SC

Live Law  

The Supreme Court reiterated that conviction under Section 306 of the Indian Penal Code is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide. The bench comprising Justice L. Nageswara Rao and Justice MR Shah …

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]
8 years, 2 months ago

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]

Live Law  

The Supreme Court, in Saloni Arora vs. State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio.A bench comprising Justice AK Sikri and Justice AM Sapre observed that such a …

Sufficiency of Injury to cause death must be proved to sustain a conviction under Section 302 IPC; SC [Read Judgment]
9 years, 2 months ago

Sufficiency of Injury to cause death must be proved to sustain a conviction under Section 302 IPC; SC [Read Judgment]

Live Law  

The Supreme Court has held that the sufficiency of injury to cause death must be proved to sustain a conviction under Section 302 of Indian Penal Code and that cannot be inferred from the fact that death has taken place. However the court observed "The emphasis in clause three of Section 300 IPC is on the sufficiency of the injury …

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