Category: criminal law
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Supreme Court on obscenity (Bandit Queen Judgment)
A Remarkable judgment outlining the law of obscenity as it stands in India, in a nutshell, while holding Bandit Queen to have been rightly…
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Transfer of Malice under Indian Penal Code.
CASE NOTE : A true classic on Transmigration of Motive/Transfer of Malice cases. In this case the accused gave poisoned halwa to X who having…
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Murder under Supposed Circumstances
Comment : The Court summed up the law on death caused under supposed circumstances. The Law in a nutshell is examine the initial mens rea…
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Emporer v. Dhirajia – On Murder S.300 IPC
Allahabad High Court Emperor vs Mt. Dhirajia on 4 June, 1940 Equivalent citations: AIR 1940 All 486 Author: Braund JUDGMENT Braund, J. 1.…
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Virsa Singh v. State of Punjab – SC on Murder S.300 IPC
Comment : The Court held that to bring a case under section 300 IPC Part 3 – the prosecution need not prove that the accused…
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The Law on Common Intention S.34 Indian Penal Code
A landmark decision on the domain of S.34 as a principle of constructive criminality, where a lot many persons do a thing in furtherance…
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Supreme Court on Rash & Grossly Negligent.
Supreme Court of India Rathnashalvan vs State Of Karnataka on 11 January, 2007 Author: D A Pasayat Bench: D A Pasayat, S Kapadia CASE…
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Murder v. Culpable Homicide – R v Govinda
Comment : The distinction drawn by Melville J. in this cause celebre, has been accepted. In a nutshell – as Culpable Homicide is the genus…
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Issue Estoppel in a Criminal Trial !
Comment : In this case the Court applied the principles of issue estoppel. The accused was earlier acquitted in a 399/402/25 Arms Act Case because…