Section 283 in The Indian Penal Code, 1860
283. Danger or obstruction in public way or line of navigation.—
Whoever, by doing
that Schedule. [Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975 , section 5 (w.e.f . 26. 4. 1975 ).] [ Editorial comment -The Constitution (Thirty-Fifth ... adjudicate on the matters of section 302 , section 307 and section 392 read with section 34 of the Indian Penal Code, 1860. The contention
under Sections 406 , 420 ,
120B of the Indian Penal Code, 1860 ( IPC ) and Section 13(2) of the
Prevention of Corruption ... appellants and others alleging commission of
offences under Section 447 read with Section 120B of the IPC,
Section 3 of the Prevention
said penal provision, that is, Section 377 of the
Indian Penal Code, in Suresh Kumar Koushal and another v. Naz
Foundation and others2 overturning ... India and further to declare Section 377 of
the Indian Penal Code (for short, ― IPC ‖) to be unconstitutional. When
the said
Code of Criminal Procedure , 1973, section 354(3) -If
section 302 , Penal Code, is constitutional, whether the
sentencing procedure provided in section ... HEADNOTE:
Upholding the constitutionality of section 302 , Penal
Code, and section 354 (3) of the Code of Criminal Procedure
Code. the Court.
^
HELD: Per majority
Section 173(8) of the CrPC in respect of Crime No.
59 of 2018 under Section 306 read with Section 34 of the IPC ... under Section 154 off the CrPC , an FIR was registered for offences punishable
under Sections 147 , 148 , 149 and 307 of the IPC
short the 'Act') and/or the Indian Penal Code , 1860
(in short the ' IPC '). In the latter ... offence punishable under Section 161 or
Section 165 of the Indian Penal Code, or under
sub-section (2) of Section 5 of this
years for the
offence punishable under Section 376 of the Indian Penal
Code (hereinafter called as, " IPC ... case in totality, the Trial Court
convicted the appellant under Section 376 IPC and sentenced
to seven years' Rigorous Imprisonment
sentenced
to death for offence punishable under Section 302 Indian Penal Code.
Accordingly, the convicts to be hanged by neck till they are dead ... month to such
convict;
(i) for the offence under Section 395 read with Section 397 IPC I award
the punishment
murder provided in Section 302, Penal Code, and the sentencing procedure embodied in Sub-section (3) of Section 354 of the CrPC ... Section 33 of the Penal Code enumerates punishments to which offenders are liable under the provisions of this Code. Clause Firstly of the section mentions