Trilok Gupta's Blog

Different stages of Crime It involves 4 stages: 1) Intention 2) Preparation 3) Attempt 4) Accomplishment Different Stages of Crime: 1. Intention: It is the first stage in the commission of an offence. Intention means to do an act in the future. Criminal intention means designing of doing an act that is forbidden by the criminal law without Just Cause or excuse. It is difficult for a prosecution to prove the guilty intention of a person to commit an offence. Intention to commit the crime is not punishable unless it is made to know to other either by words or by conduct. Eg: Waging War against the Government, sedition etc. 2. Preparation: The second stage in commission of a crime is “Preparation”. Preparation means “to arrange the means or measures which are necessary for the commission of the criminal act”. Preparation is the action of preparing or getting ready. It is very difficult for the prosecution to prove that necessary preparation has been made for the commission of the offence....

WRONGFUL RESTRAINT AND CONFINEMENT (Section 339-340) Wrongful restraint and wrongful confinement are two offences according to the I.P.C. under Sec- 339 and 340, which punishes the individuals for the violation of a person's movements. Wrongful restraint (Section 339): A person who voluntarily obstructs another, so as to prevent him from proceeding in any direction in which that person had a right to go, is guilty of wrongful restraint. Exception: A person who, in good faith, believes that he has a right to pass. Eg: 1) A removed the ladder and prevented B from getting down the roof of a house. 2) A builds a wall across a path along which B had a right to pass. In all these cases the accused is guilty of wrongful restraint. Punishment (Sec- 341): Sec-341 provides punishment for wrongful restraint. It is simple imprisonment for a term, which may extend to one month or with a fine which may extend up to Rs.500 or both.           In Sobha Rani V The King The accuse...

  Rape (Section 375): A man is said to commit rape. Who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions— 1)  Against her will. 2)  Without her consent 3)  With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. 4)  With her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. 5)  With her consent, when at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. 6)  With or without her consent, when she is under 16 years of age. E...

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...

Public Servant (Section 21) Section 21:- Public servant …….. The words public servant denotes a person falling under any of the descriptions hereinafter following namely: First: - Repealed Second: - Every commissioned officer in the military Naval or Air Forces of India Third: - Every judge including any person empowered by law to discharge, whether by himself or as a member of any body of person any adjudicatory functions; Fourth: - Every officer of a court of justice whose duty is, as such officer to investigate or report on any matter of law or fact or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process or to administer any oath, or to interpret or to preserved order in the court and every person specially authorized by a court of justice to perform any of such duties Fifth: - Every juryman assessor or member of a panchayat assisting a court of justice or public servant. Sixth: - Every arbitrator or other ...

Public Nuisance (Section 268): Nuisance : It is an act or omission, interfering with the rights of another to enjoy some property by causing damage or physical discomfort. There are 2 types: 1) Private Nuisance 2) Public Nuisance 1. Private Nuisance: Private Nuisance causes an injury, damage or discomfort to an individual or to a group of individuals. Eg: Listening to Radio in loud Sound causing disturbance to the neighbors. 2. Public Nuisance: Public nuisance causes injury or damage or inconvenience to the public at large and people in general. Eg: Obstructing a public way by digging a trench on highway. Sec-268 defines Public Nuisance as, “A person is guilty of a public nuisance, who does an act, which causes any injury, danger to the people in general”. In Re. Venkata Reddy Case, In this case, the accused in front of his house built a cross bund across the road. As a result, the flow of rain water was stagnated causing inconvenience to the public. It was held that it was a clear cas...

The Right of Private defense: (Section 96 to 106): One of the fundamental principles of law is that every individual has a right to defend himself and his property. This is the doctrine of self-defense or self-preservation. Sec. 96 to 106 has recognized this rule and have provided for the limits within which it may be exercised. This may be discussed under two heads: a) Right of person b) Right of property 1. Right of person: A) Every person has a right to defend his own body and the body of any other person against any person. (Sec-97) B) Against a madman etc: The right extends in all circumstances against anyperson who is insane, drunk or who by a reason of youth immaturity is excused under law (Sec- 98) Eg: Z under madness attempts to kill A.A may defend and even kill Z if circumstances so warrant. C) Extension of the right: Sec-100 provides as follows :A person who is under a reasonable apprehension that his life is in danger,may to defend himself, voluntarily cause the death of th...