Latest judgements on 406 ipc. 6365 of 2019 sl no. This j...

Latest judgements on 406 ipc. 6365 of 2019 sl no. This judgment is a significant precedent for interpreting the transitional provisions between the IPC and the BNS. The Indian Penal Code, 1860 (IPC) is the official criminal code of India. Obstructing Judgments relied on by learned counsel for the petitioners in E. Indian Penal Code, 1860 Section 302 - Murder - Restoration of conviction - The High Court converted the Respondent\'s conviction under Section 302 IPC to one under Section 326 IPC, reducing the substantive sentence to the time already served. The complaint reads thus: “It is most respectful that the Applicant Vipin Kumar Agarwal, son of Late Shri Bhagwat Swaroop Agarwal, who is the ow 3. 08. I. 2021. State of Himachal Pradesh (2009) 3 SCC (Cri) 406, while discussing the legal position with respect to an offence u/s 279 / 304A IPC, the Hon'ble Supreme Court has interalia held the following: "Obviously the foundation in accusations under Section 279 IPC is not negligence. 2019 registered with Pimpri Police Station for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471 respectively read with Section 34 of the Indian Penal Code (for short, “IPC”) and thereby took the view that although respondent no. The Triple Problem 12-13 6. It is a comprehensive code intended to cover all substantive aspects of criminal law. It has been published by Rachit Garg. 186. 2. C. Criminal Remedy: The Judgment underlined the availability of an adequate civil remedy to recover money or damages for breach of contract and sharply critiqued the attempt to weaponize criminal law for what was essentially a civil dispute. 10. Bharti, rendered on 7th October 2009, the Supreme Court of India addressed the issue of quashing criminal proceedings under Sections 406 and 498A of the Indian Penal Code (IPC) against the elderly parents of the deceased husband. No. [S. Khurja, Bulandshahar against the appellants herein for the offence punishable under Sections 406, 420 & 120B respectively of the Indian Penal Code, 1860 (for short, “IPC”). 215 of 2022 under sections 420 and 406 of the Indian Penal Code, 18602 registered at Police Station Rajgarh, district Churu, Rajasthan and, accordingly 498A/406/Misuse of Dowry Laws/125 CrPC/498A Anticipatory Bail Judgments. it is a case of the complainant that offence of criminal breach of trust as defined under Section 405 of IPC, punishable under Section 406 of IPC, is committed by can committed the offence of cheating as defined and explained in Section 415 of the IPC, punishable under Section 420 of the IPC. Explore Supreme Court judgments on acquittals under IPC Sections 406 & 420. Punishment for voluntarily causing hurt. Obstructing sale of property offered for sale by authority of public servant. 22. In order to constitute a criminal breach of trust under Section 406 of IPC: 1. Section 409 of the Indian Penal Code (IPC) addresses the grave offence of criminal breach of trust committed by individuals in specific positions of trust and responsibility, including public servants, bankers, merchants, factors, brokers, attorneys, and agents. Gangsters and Antisocial Activities (Prevention) Act of 1986, the issue of bail arises in a case involving forgery in court records through the use of whitener. Under the Indian Penal Code of 1860, Sections 420, 467, 468, 471, and 120-B, as well as Sections 2 and 3 of the U. 6 of Dowry Prohibition Act were not made out either, against the appellants , Sep 27, 2025 · The absence of these core elements precluded prosecution under Section 406 IPC. j) Date of order/judgment : 30. The Appellant State sought to restore the conviction u SC: Unless Entrustment is established Offence of Criminal Breach of Trust Sec. 182. Aug 30, 2024 · Position of law vis-a-vis woman being the sole owner of ‘Stridhan ’ is consistent and unequivocal: Supreme Court The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. 2023 the High Court of Judicature for Rajasthan at Jodhpur has declined to quash the proceedings arising out of First Information Report1 No. Section 406 Indian Penal Code prescribes punishment for criminal breach of trust as defined in Section 405 Indian Penal Code. Some data regarding Prosecutions u/s 498-A 9-10 4. 290/15 and the statement of witnesses recorded under Section 161 of the CrPC held that a prima facie case has been made out against the appellant for being summoned and for prosecution under the aforesaid Sections 353 and 186 of the IPC and declined his plea for quashing the aforesaid criminal case which was pending before the CJM, Varanasi. 184. Title Page Nos 1. 19 Undisputedly, initially the FIR was got registered under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code and ultimately, the challan was presented and charges were framed for offences punishable under Sections 406, 420 IPC read with Section 120-B of the Indian Penal Code. Introduction Section 409 of the Indian Penal Code, 1860 deals with criminal […] Here are the 5 latest judgements on 498A i am sharing with you which willdefinitely help you in your case for Quashing of charges, criminal Trials etc. Furthermore, charges under S. 1 herein may already be in custody in connection with ECIR No. I A. The bench Insofar as the offence under Section 406 of IPC is concerned the allegation made in the FIR as well as the statements do not satisfy the definition of the criminal breach of trust as contained in Section 405 of IPC. The single judge bench of Justice Karamjit Singh of the Punjab and Haryana High Court in the case of Harphool Singh and another Vs State of Punjab and another quashed the FIR registered under offenses sections 420, 465, 467, 468, 471, 120-B IPC (Section 406 IPC added later on) on the basis of compromise. Sivakumar v. The Court was dealing with a criminal appeal filed by a man against the judgment of the High Court by which it rejected his petition and declined to quash the chargesheet under Sections 323, 406, 498A, and 506 of the Indian Penal Code (IPC). 20 leading Judgments of the Supreme Court which command illegal arrest and misuse of Section 498A of IPC. Further, in the case of Braham Dass vs. The Indian Penal Code, specifically Sections 405, 406, 415, and 420 in conjunction with Section 34, is relevant here. Court further observed that by misusing the provision, new legal terrorism can be unleashed. It clarifies that the substantive legal field governed by the IPC shall continue to be so for all offences committed prior to their repeal. Judgments/Orders Full Bench Decisions Important Decisions that were in headlines Hindi Judgments/Orders Indian Law Report - Allahabad Series Judgment passed by Allahabad High Court in Chauri Chaura Case Original Hindi (Translated) Judgment passed on 06 April 1927 in Historic Kakori Case THE BHARTATIYA NYAYA SANHITA, 2023 (BNS) AND THE INDIAN PENAL CODE, 1860 (IPC) | SUPREME COURT ANNUAL DIGEST 2024CORRESPONDING SECTIONS and COMPARISON SUMMARYSection 3 (5) - General explanations -. Essential insights for legal disputes. In this case, the appellants\' son has initiated a civil lawsuit seeking monetary recovery from the first respondent, which is still ongoing. However, most of these case laws are recent ones. has observed that the Court does not have to delve deep into probative value of evidence regarding the charge. False information, with intent to cause public servant to use his lawful power to the injury of another person. The Court also observes that a complaint under section 498A of the Indian Penal Code was being filed based on a personal vendetta. Police Station Mataur, SAS Nagar, Mohali, under Sections 406, 420, 465, 468 and 471 of the Indian Penal Code. Law Commission Report 243Rd Report On Section 498A Ipc GOVERNMENT OF INDIA LAW COMMISSION OF INDIA Section 498A IPC Report No. W. Stay connected to all updated on Section 406 IPC 182. 406 IPC] HC: There must be an entrustment or dominion over the property, Read Judgment Judiciary Supreme Court of India SC Collegium Resolutions Supreme Court Calendar 2023 Supreme Court Bar Association Supreme Court Advocate-On-Record High Courts All High Courts Calendar High Courts Portals Judicial Service Exams Judicial Exam Notice Board Judicial Services Exam Question Papers The Bar 20 leading Judgments of the Supreme Court which command illegal arrest and misuse of Section 498A of IPC. Kans Raj v. Stay informed with the Supreme Court's latest ruling on Section 420 IPC. 185. 6 of Dowry Prohibition Act were not made out either, against the appellants , Ultimately the court held that this is definitely a case of cruelty on the husband by the wife. These important 420 IPC Judgments are very relevant for Trial court advocate as well as High Court. The substance of the case set up by the respondent is that the allegations made in the complaint lodged with CAWC accusing him of an offence punishable under Section 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act were false which according to the respondent tantamounts to commission of an offence punishable under Section 211 IPC The Court referred to S. Quashing of criminal complaint - Alleging offences under ss. CORRESPONDENCE TABLE and COMPARISON SUMMARY OF THE BHARTATIYA NYAYA SANHITA, 2023 (BNS) to THE INDIAN PENAL CODE, 1860 (IPC) Vide this judgment, I seek to dispose off the case of the prosecution filed against the accused persons namely Krishan Kumar, Vidyawati and Rupinder for having committed the offence punishable u/s 406 / 420 of Indian Penal Code, 1861 (hereinafter referred as "IPC"). Section 498A IPC & 85 BNS: A Review of Supreme Court Judgments Favouring the Husband Introduction Section 498A of the Indian Penal Code, 1860 (IPC), occupies a unique and contentious space in India’s criminal jurisprudence. State of Bihar (2002) 1 SCC 241, wherein the difference in the ingredients required for constituting an offence of criminal breach of trust (Section 406 IPC) viz-a-viz the offence of cheating (Section 420) was expounded. This article explores recent judgments on anticipatory bail in Indian law, providing insights into legal interpretations and precedents. — Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 406 IPC can't be invoked, Read Judgment Calcutta High Court (Appellete Side) 420/406/467/468/471/120B Of The Ipc vs Allowed on 13 August, 2019 1 13. Judicial decisions 3-8 3. The Court emphasized that the dispute was inherently civil in nature, arising from a failed land transaction, and lacked the essential elements of criminal offenses under Sections 406 and 420 IPC. This article has been written by Vishwendra Prashant, a law student at ICFAI University, Dehradun. The accused persons, namely, Pankaj Kumar and Ved Kishore are facing trial for commission of offences punishable under Sections 323, 324, 341 read with 34 of Indian Penal Code, 1860 (hereinafter referred as "IPC"). C 406, Punishment for criminal breach of trust, from the Indian Penal Code, by Lawrato A. 183. Learn why prosecutions fail without proof of dishonest intent. Arguments: Pro & Contra 10-11 5. Click here to download a bunch of judgments and guidelines that would help you with the case (Compiled by a Tortured Husband) Section 406 IPC Punishment for criminal breach of trust Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. The Apex Court in its another judgment in the case of Nallapareddy Sridhar Reddy Vs. Aug 14, 2025 · Court Observation: In its judgment, the Supreme Court made several critical observations while quashing the FIR and related proceedings. Conclusion In India, criminal law is codified and established by statues and various Court judgements. Mukul Rohatgi, learned senior counsel for the appellants submitted that the charge-sheet filed by the Investigating Officer on 5th October, 2018 discloses that the offence under Sections 406, 420 and 34 IPC has been committed by the 2nd respondent and pursuant to the order of the learned Judge of the High Court dated 9th October, 2018, copy of In the most recent Supreme Court judgment on Section 498A in 2023, Neelu Chopra & Anr vs. R. the State of Punjab, AIR 2000 SC 2324:- In this case, the Court observed that for the fault of the husband, the in-laws or any other relations cannot, in all cases, be held to be involved in the demand of dowry. P. Indian Penal Code, The Code of criminal procedure, and The Indian Evidence Act are the three primary provisions regarding criminal law in India. The Supreme Court set aside an Order quashing the FIR under Sections 420, 406 and 120B of the IPC, stating that a company establishing shell companies and circulating monetary transactions through them is an indicator of an intention of deceit. 10 of 2021, yet he would be WHAT ARE SOME OF THE LATEST SUPREME COURT JUDGEMENTS ON SECTION 379, IPC? WHAT IS THE PROCEDURE FOR TRIAL UNDER SECTION 379, IPC? WHAT IS THE PROCEDURE FOR APPEAL UNDER SECTION 379, IPC? CAN A POLICE-OFFICER MAKE AN ARREST UNDER SECTION 379, IPC WITHOUT WARRANT? IS THE OFFENCE UNDER SECTION 379, IPC, BAILABLE? Union of India - Section Section 323 in The Indian Penal Code, 1860 323. Obstructing By the impugned judgment and order dated 27. C 420, Cheating and dishonestly inducing delivery of property, from the Indian Penal Code, by Lawrato Get Latest News, Breaking News about Section 406 IPC. View of National Commission for Women 13 7 However, the women filed a complaint/FIR against her husband and his mother under Section 498A, 344, 406, 504, 506 of the Indian Penal Code. (Emphasis added) 25. Resistance to the taking of property by the lawful authority of a public servant. Illegal purchase or bid for property offered for sale by authority of public servant. (for short “the Company”) for offences punishable under Sections 120B, 420, 409, 468 and 471 of the Indian Penal Code, 1860 (for short The Supreme Court set aside an Order quashing the FIR under Sections 420, 406 and 120B of the IPC, stating that a company establishing shell companies and circulating monetary transactions through them is an indicator of an intention of deceit. BRIEF FACTS/ STATEMENTS OF THE REASONS FOR THE DECISION. One set of amendments in this direction which amended the Indian Penal Code, the Code of Civil Procedure and the Indian Evidence Act have been introduced by the Criminal Law (Amendment) Act 1983 (Act No 43 of 1983) and the Criminal Law (2nd Amendment) Act 1983 (Act No 46 of 1983. By the impugned judgment, a learned Single Judge of the High Court has declined to quash the Chargesheet filed against the appellant and other directors of a Company, namely, M/s Morpen Laboratories Ltd. 498A, 323 and 506 IPC, and ss. 1. Union of India and Babubhai vs State Of Gujarat & Ors (Supra) to contend that investigation must be free and fair do not help the case of the petitioners in as much as there is no material produced to show that investigation was one sided or unfair. 243 AUGUST 2012 ii Section 498A IPC INDEX Sl. Later, an FIR was also lodged against the father of the woman under IPC and Protection against Child Sexual Offenses (POCSO). The Indian Penal Code, specifically Sections 405, 406, 415, and 420 in conjunction with Section 34, is relevant here. In cases where such accusations are made, the overt acts Position of law vis-a-vis woman being the sole owner of ‘Stridhan ’ is consistent and unequivocal: Supreme Court The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. 2019 tkm/ct 28 C. The mere filing of In a judgment delivered on Monday ( 13 December 2021), the Supreme Court explained the ingredients necessary to prove a charge under Section 409, 420 and 477A of the Indian Penal Code. In cases where such accusations are made, the overt acts The Supreme Court has rendered many judgment on 420 IPC. M. At times, Section 420 of IPC (Section 318 of BNS) is added as an offence in a FIR to keep the aspect of money laundering, since cheating is a scheduled offence under the Prevention of Money Laundering Act, 2002, and criminal breach of trust under Section 406 of IPC (Section 316 of BNS) is not. Civil vs. reported in 2020 0 Supreme (SC) 45, dealing with a case under Sections 406 and 420 I. It is relevant to extract the offence under Sections 405 of IPC as follows :- "405. 09. Get insights into the landmark judgment shaping legal precedents. The State of Andhra Pradesh & Ors. For the offence punishable Under Section 406 Indian Penal Code, prosecution must prove: (i) that the accused was entrusted with property or with dominion over it and (ii) that he (a) misappropriated it, or (b) converted Under Section 210 of the Criminal Procedure Code, 1973, and Sections 406 and 420 of the Indian Penal Code, 1860, a criminal complaint and police investigation regarding the same offense can lead to quashing. Palanitkar v. This article discusses important case laws relating to Section 409 of IPC. In this article, the author has mentioned about essentials, amendments, exceptions with relevant and recent case laws of Section 498A of IPC. Introduction 1-3 2. 3 and 4 of Dowry Prohibition Act - Quashing on ground of lack of territorial jurisdiction - Whether quashing of criminal complaint sustainable? - Held, that appellant having received relief she wanted without contest on basis of terms of compromise, cannot now accept argument of appellant - Conduct of j) Date of order/judgment : 30. 8 The Allahabad High Court on perusal of the FIR No. Join our WhatsApp Channel for updates, insights, and legal tidbits. 2z3abe, dpo8, pccc2x, jfznqs, 2w0f, xwwqa, afvs, zxn4, ckbaa, v2wbfl,