Penal Code

Threat of life or injury for extortion does not need transfer of property

The Supreme Court held that delivery of property is not necessary to charge a person under Section 387 of the Indian Penal Code, 1860 for “putting a person in fear of death or of grievous hurt, in order to commit extortion.” The Court clarified that Section 387 criminalises a step prior to the actual extortion where property […]

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Supreme Court’s power to expand the scope of appeal under Article 142-IPC- Prevention of corruption Act

The Supreme Court held that it is not bound to limit its scope while hearing an appeal. It may expand the merits of the case if required, under its power to do “complete justice” under Article 142. The Court was hearing an appeal filed by Biswajit Das, a Development Officer of Life Insurance Corporation of India,

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Penal Code, 1860 — S. 308 or S. 338 — Permissibility for Alteration of conviction from S. 308 to one under S. 338

By applying principles incorporated in S. 222(2) CrPC, the court can consider whether the accused has committed any other offence which is a minor offence in comparison to the offence for which he is tried. Causing grievous hurt by act endangering life or personal safety of others – At that relevant time, the bus was

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Defamation ? -Penal Code, 1860 — S. 499 Exception 8 and S. 500 r/w S. 52

In case of complaint filed before authority concerned with accusations of creating nuisance by opening shop that attracted anti-social elements and road romeos, and created all sorts of problems, whether could amount to defamation, discussed. Applicability of S. 499 Exception 8, determined. The learned Magistrate committed a serious error in taking cognizance on a complaint,

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