Trilok Gupta's Blog

 Jurisdiction of Criminal Courts:  The Jurisdiction of the Criminal Courts is:  1. Territorial Jurisdiction (Sec-2)       a) Personal Jurisdiction       b) Intra-Territorial Jurisdiction  2. Extra- Territorial Jurisdiction       a) Extension of the Code to the Extra- Territorial offences (Sec-4(1))       b) Admiral Jurisdiction (Sec-4(2))  3. Certain Laws not to be affected by IPC (Sec-5)  4. Exceptions.  1. Territorial Jurisdiction: (sec-2)  It means the power of the state to exercise the jurisdiction within its territory of India. According to sec-2, any person who is found guilty of committing an offence within the territory of India including the territorial waters is punishable.  The territorial Jurisdiction is divided into 2 types:  a) Personal Jurisdiction  b) Intra- Territorial Jurisdiction a) Personal Jurisdiction:  According to Sec-2 of IP...

  THEFT (Section 378) Sec-378 Indian Penal Code defines theft. A person is guilty of theft is he takes with dishonest intention, any moveable property, out of the possession of any person, without his consent and moves with the property. 1)  If an item is attached to the earth, it cannot be stolen, but if it is freed from the earth it may be stolen. 2)  Moving the property is essential. Removing an obstacle amounts to theft. Eg: 1) A cuts down a -tree from the field of Z with a view to dishonestly taking the 2) tree. He has committed theft. A meets a bullock cart carrying valuable articles, he causes it to be moved in a different direction with a dishonest intention to take it. This is theft. Essentials: 1. Dishonest taking. 2. Moveable property 3. Out of the possession of the person 4. Without consent 5. Moving with the property 1. Dishonest Taking: The dishonest intention is the gist of the offense. The accused must make wrongful gain or wrongful loss. The taking must b...

Force (Section 349): A is said to use force to B, if A causes motion or change of motion to B, or if A causes with any substance such a motion or change of motion so as to make that substance has come in contact with the body of B or anything he is carrying so as to affect his sense of feeling. provided that the person causing the motion, or change of motion or cessation of motion, causes that motion , change of motion or cessation of motion in one of the three ways described, they are: 1) By A, with his own bodily power. 2) By setting the substance in motion without further acting on it. 3) By inducing any animal to move. Criminal force (Section 350) Using criminal force is an offence punishable under I.P.C.Any person who intentionally uses 'force' on another without his consent with a view to commit an offence or knowingly uses force to cause injury, fear or annoyance to him, is guilty of using criminal force. The term “battery” of English law is also included in Criminal for...