Section 428 ipc. under Section 325 IPC. jail sentence can not be substituted by fine= The High Court, in our view, ought to have either upheld the award of jail sentence of four years awarded by the Sessions Court or reduce the jail sentence to any reasonable term but it had no jurisdiction to fully set aside the jail sentence and substitute it by imposing only fine of Rs.10,000/ 2019-02-19

Section 428 ipc Rating: 6,6/10 391 reviews

How are sections 428 and 429 of Indian Penal Code not applicable to meat selling?

section 428 ipc

Attempts to bring about changes in the status of women either through legislation or judicial activism can achieve little success without a simultaneous movement to transform the social and economic structures and the culture values, ideologies and attitudes of society. The houses of accused persons and Ram Lagan were situated in the same cluster and were in the close vicinity of each 2 3 other. And for that, the investigating agency is the only agency which can remedy this. The Court observed that Section 428, in clear and unambiguous words, provides that the period of sentence on conviction is to be reduced by the extent of detention already undergone by the convict during investigation, enquiry or trial of the same case. The accused is then got remanded to judicial custody by the Sion police in the Sion case.

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Section 498 IPC

section 428 ipc

This provision is not ultra vires. Section 304B does not contain its meaning but the meaning of cruelty or harassment as given in section 498-A applies in section 304-B as well. The amount of ten rupees is too meagre an amount these days. Police also pick up relatives of men who are not even named in the complaint, they are illegally detained by police and forced to give their statements. In other words, the award of punishment would include both, i.

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IPC 428: Section 428 of the Indian Penal Code

section 428 ipc

But Delhi High Court negatives this contention and held that this section does not create situation for double jeopardy. This is the sensible view which can be taken when there is plurality of cases against the very same accused person. Drinking and late coming habits of the husband coupled with beating and demanding dowry have been taken to amount to cruelty within the meaning of this section, but this section has been held not to include a husband who merely drinks as a matter of routine and comes home late. The extent of the evil has been commented upon by the Joint Committee of the Houses to examine the work of the Dowry Prohibition Act, 1961. Tribhuwan then went to his house after threatening Ram Lagan and his son that he would come back soon to teach them a lesson. In a landmark judgment, the Delhi High Court has ruled that lodging false dowry complaints against men amounts to cruelty and can be a ground for dissolution of marriage.


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IPC 428: Section 428 of the Indian Penal Code

section 428 ipc

This law will be yet another weapon in the hands of unscrupulous women who will misuse it at the slightest opportunity. जुलाई 2017 माह में उत्तरी केरल की कन्नूर पुलिस ने युवा कांग्रेस के 16 सदस्यों के खिलाफ आई. I have a keen interest in issues related to Women and Human Rights. This incident, unfortunately, aggravated and led to filthy verbal exchanges between Ram Lagan, Shobh Nath and Tribhuwan. Savitri Devi had filed a case urging her brothers-in-law and sister-in-law be arrested for demanding dowry.


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Section 498 IPC

section 428 ipc

Learned counsel urged that respondent No. Article shared by Legal Provisions of Section 429 of Indian Penal Code, 1860. He added: The ground realities have persuaded this court to recommend to the authorities and law makers to have a review of the situation and legal provisions. Thomas both from the High Court of Kerala initially and from the Supreme Court of India subsequently reflects the correct position in situations where the same accused person while in judicial custody faces trial in two or more cases. C was also allowed for the pre-conviction detention undergone in that case. Dissenting from the view expressed by the two-Judge Bench of the Supreme Court in Raghbir Singh v.

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Section 428 of Indian Penal Code, 1860

section 428 ipc

In other words, if the convict was in prison, for whatever reason, during the stages of investigation, enquiry or trial of a particular case and was later convicted and sentenced to any term of imprisonment in that case the earlier period of detention undergone by him should be counted as part of the sentence imposed on him. Fifty rupees is too meagre an amount in the present day. Misuse of section 498-A has also been called as legal terrorism by the Supreme Court of India. In our considered opinion, the High Court was, therefore, not right in setting aside the entire jail 17 18 sentence of respondent No. This incident attracted many persons living in the area and who were passing on the road.

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Set Off Under Section 428 Cr.P.C

section 428 ipc

It was, therefore, his submission that such imprisonment can be taken as imposing jail sentence of 40 days to respondent No. In many cases, men have even committed suicide, when their wives have harassed them to approach police or court, to send them behind jail, for no reason. It is not permissible in law and hence to this extent, the judgment of the High Court deserves to be set aside and the order of the Sessions Judge be restored. Selling Meat is pure commerce under laws of the country and the Butcher is not killing or maiming the animals out of intent to cause mischief or cruelty - so the following can bedone without criminal implications: i Euthanesia of animals on grounds of suffering ii Kiling of Animals for meat iii Killing a rabid dog is legal. Hindu Women and Marriage Law' by Monmayee Basu 3. A Division Bench of the Kerala High Court, comprising of Justice K. They cannot follow any strait jacket formula in the matters relating to dowry tortures, deaths and cruelty.

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under Section 325 IPC. jail sentence can not be substituted by fine= The High Court, in our view, ought to have either upheld the award of jail sentence of four years awarded by the Sessions Court or reduce the jail sentence to any reasonable term but it had no jurisdiction to fully set aside the jail sentence and substitute it by imposing only fine of Rs.10,000/

section 428 ipc

C, the prisoner should show that he had been detained in prison for the purpose of investigation, inquiry or trial of the case in which he is later on convicted and sentenced and, therefore, if a person is undergoing the sentence of imprisonment imposed by a Court of law on being convicted of an offence in one case during the period of investigation, inquiry or trial of some other case, he cannot claim that the period occupied by such investigation, inquiry or trial should be set off against the sentence of imprisonment which is imposed on him in the other case even though he was under detention during such period. The Dadar Court secures the presence of the accused on a production warrant and tries him. This appeal is now survived only against Tribhuwan respondent No. After sometime, Ram Lagan succumbed to his injuries in the hospital whereas Baij Nath survived. So far as the State is concerned, they did not file any cross appeal against that part of the order of the Sessions Court by which one accused person-Jogendra was acquitted of the charges and other accused persons though convicted for other offences but stood acquitted of the charge of murder. However, once the accused is convicted and sentenced to imprisonment in any of those cases, set off can be given in such cases at the time of subsequently imposing a sentence of imprisonment. Description: Mischief causing damage to the amount of fifty rupees : In this section states that whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with impris­onment of either description for a term which may extend to two years, or with fine, or with both.

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Section 429 of Indian Penal Code, 1860

section 428 ipc

The High Court, in our view, ought to have either upheld the award of jail sentence of four years awarded by the Sessions Court or reduce the jail sentence to any reasonable term but it had no jurisdiction to fully set aside the jail sentence and substitute it by imposing only fine of Rs. Hence a person can be prosecuted in respect of both the offences punishable under section 4 of the Dowry Prohibition Act and this section. Such third party cookies may track your use on Oneindia sites for better rendering. N Phukan, considered the question again. Period of detention undergone by the accused to be set off against the sentence of imprisonment. Unfair is a subtle word to describe a situation in which an innocent man, along with his family, is tortured by misuse of law. It has always been emphasised that ten guilty person's can be acquainted rather punishing a single innocent person.


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