Criminal Law
Read the Passage carefully and answer the Questions that follow. Do note that no extra information or knowledge has to be applied.
(Qs 01 - 06): Passage 1
Section 304 of the Indian Penal Code provides punishment for culpable homicide not amounting to murder (Section 299 IPC), it states that whoever causes death with intention or causes such bodily injury as is likely to cause death or with the knowledge that death is likely to be caused because of the act, shall be liable for life imprisonment or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine (Section 304(1) IPC). Secondly, whoever causes death without the intention of causing death or such bodily injury as is likely to cause death or doesn’t have the knowledge that his act could cause death shall be sentenced to imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine(Section 304(2)IPC).If the act which causes death is done without the intention of causing death but with the knowledge that death is likely to be caused by such act, the person shall be sentenced to imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
In the case of Shanmugam v. State of T.N., it was held that offences under Section 304 can be considered as cognizable, non-bailable and triable by the Court of Sessions. In this, there arose a quarrel between the accused and the deceased In course of the quarrel the accused stabbed the deceased with a spear in the abdomen and the chest resulting in the death of the victim because of septicemia. The accused was sentenced to life imprisonment under part I of Section 304 of IPC.
Culpable homicide is:
1. Causing Death of a Person
2. With Mala Fide Intention
3. By an act sufficient to cause grievous hurt
4. done in such a manner as is likely to cause death
Culpable homicide is:
1. Causing Death of a Person
2. With Mala Fide Intention
3. By an act sufficient to cause grievous hurt
4. done in such a manner as will cause death in all probability.
“All murders are culpable homicide but not all culpable homicides are murders” this is a very common phrase used to establish a difference between culpable homicide and murder. Also, as evident from the definition, there is a difference between both the offences in their manner of commission.
Taken with edits from: https://blog.ipleaders.in/culpable-homicide-under-indian-penal-code
Section 124A of the Indian Penal Code lays down the punishment for sedition. The Indian Penal Code was enacted in 1860, under the British Raj. Section 124A forms part of Chapter VI of the Code which deals with offences against the state. Chapter VI comprises sections from 121 to 130, wherein section 121A and 124A were introduced in 1870. The then British government in India feared that Muslim preachers on the Indian subcontinent would wage a war against the government. Particularly after the successful suppression of Wahabi/Waliullah Movement by the British, the need was felt for such law. Throughout the Raj, this section was used to suppress activists in favour of national independence, including Lokmanya Tilak and Mahatma Gandhi, both of whom were found guilty and imprisoned.
According to the Indian Penal Code,
Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
The first known registered case under the section was in Calcutta High Court in 1891; Queen Empress v Jogendra Chunder Bose. Bose's article, published in his own Bengali magazine Bangobasi, criticized the Age of Consent Act, 1891. The Act was described as "forced Europeanisation" and a gag on Hindus, who were described as legally incapable and prevented from rebelling against the Act. The authorities put forth a claim that Bose had incited rebellion; in his instructions to the jury, the Chief Justice William Comer Petheram explained the meaning of "disaffection" as "a feeling contrary to affection, in other words, dislike or hatred" and linked it with disobedience towards the government.[5] Bose was nevertheless released on bail, and the case was dropped.
Taken with edits from: https://webcache.googleusercontent.com/search?q=cache:UnmxZON5eGEJ:https://en.wikipedia.org/wiki/Section_124A_of_the_Indian_Penal_Code+&cd=1&hl=en&ct=clnk&gl=in
