Fraud includes two elements – deceit – and injury to person decieved – in absence of latter no fraud

Facts : Dr. Vimla purchased a car in the name of her minor daughter Nalini aged about 6 months. The price of tile car was paid by her. The transfer of the car was notified in the name of Nalini to the Motor Registration Authority. The insurance policy already issued was transferred in the name […]

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 enough to make him sick, threw it away – which was eaten by two children who died. Accused was held liable for death of these two children by aid of :- […]

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 ? and not the latter one because when the person takes another to be dead and then hangs him up to potrray this as a suicide he has mens rea only […]

Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.

Comment : In this case the Court was faced with a situation where a railway employee was arraigned u/s 420 IPC for having cheated railway by making it give money as T.A (Travel Allowance) when indeed the employee did not travel at all. His guilt was sought to be established by putting on him the burden […]