The Supreme Court ruled in a recent case that Section 301 of the Indian Penal Code applied the principle of 'transferred intent'. The Court stressed that, to put it colloquially, Homicide or murder is not simply a matter of slaying another human. Its implementation in reality is realized by an accumulation of facts showing as to who did what and how well equipped they were for doing it. What might appear on first blush to be unwarranted actions to an uninformed observer actually fulfill the criteria for an award of homicide at law. The Supreme Court's judgment referred to past cases where the doctrine had been used, and established that even if the appellant had no intent to kill the deceased he could still be found guilty on charges of Section 302 Indian Penal Code (murder). The Court did make an exception under Section 300 (fourth exception), however, which asserts that culpable homicide is not murder if committed without premeditation in a sudden fight.
The Bombay High Court has recently decided that the period of limitation in section 468 of the Code of Criminal Procedure (CrPC) for offenses falling under Section 498-A Indian Penal Code (IPC) starts with some last instance marital cruelty. This section deals with cruelty to brides.According to the court, the delay in registration of an FIR as well as later taking cognizance of tobacco mechanisms were not so great as to rule out a case. If one considers that nearly one month passed before the Women's Grievance Redressal Cell made a complaint all possible challenges could be deflected with three exceptions; and it lasted for three and half months from when an officer took sponsorship.
In a case in point, his Mercedes-Benz was allegedly stolen and improperly insured. This sentence was written to show that it was alleged from the use In its judgement, the court recommended an investigation by a special police team or crime branch to look into this case and pointed out exploding-crime-term insurance scams lying further mischief of taking things off-line further The court also said that when the guilty are caught, they must be given heavier penalties. It blamed a coup d'etat for a Wrong sentence, I deleted it The court also noted another characteristic of this thievery: people report their stolen or damaged cars three days later than the policy allows to keep payment down, and because one such policy has never been recovered in its entirety.
The Supreme Court recenly discussed how far the police may go in further investigations under Section 173(8) of Criminal Procedure Code (CrPC).The court also affirmed that even if a charging document has been submitted and trial started--further inquiry should still be carried out.Whether or not there was such subpoena, the primary consideration is to get at the truth.Many a times it comments sharply upon this repeated statement and emphasizes what it really means, rather than simply give lip service to something untrue or why an error is quite explicable.Further investigation can come however after a charge sheet has been filed and trial has commenced: for the prime consideration now becomes arriving at the truth and doing substantial justice.
he Orissa High Court has recently ruled that a Magistrate must hear submissions of the police officer when they refuse to register a First Information Report (FIR). This Court mandates that the Magistrate consider the police officer’s reasons for refusal, along with the complainant’s affidavit to the Superintendent of Police, and ensure a proper inquiry before ordering an investigation. The ruling came in response to a petition from an individual whose FIR was not registered, leading her to directly approach the High Court instead of the judicial Magistrate.
On Friday (February 8), the Supreme Court dismissed a Public Interest Litigation challenging the electoral manual provisions that allowed students studying out of their constituency to transfer their names from electoral rolls to where they are studying. This matter was being heard by the bench of CJI Sanjiv Khanna and Justice Sanjay Kumar. For students studying outside of their resident constituency, he said, they would either have to travel home for voting or else change their electoral location to where they are studying.