Cipe Kiran
Cipe Kiran
Cipe Kiran
RV College of
Engineering
Issues
The issue was whether the offence committed by the petitioner fell under section 302 of the
IPC or section 304 of the IPC having regard to the provisions of section 86 of the IPC.
Judgement
• In section 86 of the IPC the first part speaks of intent or knowledge, the latter part deals
only with knowledge which raised a certain element of doubt. So the court referred to
various precedents of English Courts as to whether the intent is also presumed to be
present even when intoxicated
• The court held that so far as knowledge is concerned, we must attribute to the intoxicated
man the same knowledge as if he was quite sober. But so far as intent or intention is
concerned, we must gather it from the attending general circumstances of the case
paying due regard to the degree of intoxication.
RV College of
Engineering Case Study - 1
• In the present case the court found that although the accused was under the
influence of drink, he was not so much under its influence that there was incapacity
in him to form the required intention as stated.
• This was proved from facts like the accused was capable of moving himself and
talking coherently. He walked by himself to the darwaza and also decided for a chair
to sit on. He after shooting the deceased tried to escape and after realizing what he had
done also asked for an apology. He also did not require any support while he was at the
police station.
• Although the accused was under the influence of drink, he was not so much under
its influence that his mind was so obscured by the drink that there was incapacity in
him to form the required intention as stated. So, the offence was not reduced from
murder to culpable homicide not amounting to murder under the second part of
section 304 of the Indian Penal Code. The conviction and sentence were held right.
RV College of
Engineering Chapters and Sections in IPC
RV College of
Engineering Chapters and Sections in IPC
RV College of
Engineering Some Important Sections in IPC
IPC Section 509. Word, gesture or act intended to insult the modesty of a woman
Whoever, intending to insult the modesty of any woman, utters any words, makes any
sound or gesture, or exhibits any object, intending that such word or sound shall be heard,
or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy
of such woman, 1[shall be punished with simple imprisonment for a term which may
extend to three years, and also with fine].
RV College of
Engineering Some Important Sections in IPC
IPC Section 304. Punishment for culpable homicide not amounting to murder
Whoever commits culpable homicide not amounting to murder shall be punished
with 1[imprisonment for life], or imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine, if the act by which the death
is caused is done with the intention of causing death, or of causing such bodily injury
as is likely to cause death,
or with imprisonment of either description for a term which may extend to ten years,
or with fine, or with both, if the act is done with the knowledge that it is likely to
cause death, but without any intention to cause death, or to cause such bodily injury
as is likely to cause death.
RV College of
Engineering Recent Amendments
The Criminal Law (Amendment) Bill, 2018
•The Bill amends the IPC, 1860 to increase the punishment for rape of girls. However,
punishment for rape of boys has remained unchanged. This has resulted in greater
difference in the quantum of punishment for rape of minor boys and girls.
•The Bill imposes death penalty for rape of girls below the age of 12 years. There are
differing views on death penalty for rape. Some argue that death penalty has a deterrence
effect on the crime and therefore helps prevent it. Others argue that death penalty would
be disproportionate punishment for rape.
RV College of
Engineering Debated Provisions of the IPC
This Section, among other things, punished consensual sexual acts between consenting adults belonging to the same
sex. With the advent of time, several voices advocated for the decriminalisation of this part which punishes
homosexuality. The Supreme Court, finally in the case of Navtej Johar, obliged and decriminalised the portion of
this Section which punished consensual acts of this nature.
This Section prescribed punishment of up to one year for attempting suicide. There is a longstanding
recommendation of the Law Commission to decriminalise attempting suicide by dropping Section 309
from the statute books. But the amendment to this effect has not been carried, albeit, the use of the
provision has minimized, by the coming into force of the Mental Healthcare Act, 2017.
RV College of
Engineering Debated Provisions of the IPC
This Section, among other things, punished consensual sexual acts between consenting adults belonging to the same
sex. With the advent of time, several voices advocated for the decriminalisation of this part which punishes
homosexuality. The Supreme Court, finally in the case of Navtej Johar, obliged and decriminalised the portion of
this Section which punished consensual acts of this nature.
This Section prescribed punishment of up to one year for attempting suicide. There is a longstanding
recommendation of the Law Commission to decriminalise attempting suicide by dropping Section 309
from the statute books. But the amendment to this effect has not been carried, albeit, the use of the
provision has minimized, by the coming into force of the Mental Healthcare Act, 2017.
RV College of
Engineering Case Study - 2
Issue Raised:
1.Whether this flight to Pakistan is intentional or not?
2.Whether this offence comes within the category of Section 378 of IPC, 1860?
Judgement:
• There were evidences which showed that Mehra was not satisfied with his word and
was seeking employment in Pakistan.
• The Supreme Court upheld the view of the respondent and changed the punishment
given by the trial court.
• The trial court convicted both of them under Section 378 of IPC, 1860. They both
were sentenced, simple imprisonment of 18 months along with a fine of Rs. 750/-.
If they fail to pay, they would have to undergo 4 months additional imprisonment.