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1 - 10 of 17 (0.31 seconds)Section 306 in The Indian Penal Code, 1860 [Entire Act]
The Indian Evidence Act, 1872
Section 498A in The Indian Penal Code, 1860 [Entire Act]
Section 107 in The Indian Evidence Act, 1872 [Entire Act]
Section 108 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
Naresh Kumar vs State Of Haryana & Ors on 14 November, 2014
In the case of Naresh Kumar versus State of Haryana; (2024)3 SCC 573, it has been held that for applicability of Section 306 read with Section 107 I.P.C., twin conditions of foreseeing the consequences of the act and its desirability to let it happen are the twin conditions required. The relevant paragraph is as follows:
Prakash Nishad @ Kewat Zinak Nishad vs The State Of Maharashtra on 19 May, 2023
In the case of Prakash v. State of Maharashtra & Ors.; 2024 SCC Online SC 3835, the following has been held:
Hans Raj vs State Of Haryana on 26 February, 2004
In this connection, we may refer to the judgment of this Court in Hans Raj v. State of Haryana (2004) 12 SCC 257: (AIR 2004 SC 2790: 2004 AIR SCW 1283), wherein this Court has examined the scope of Section 113-A of the Evidence Act and Sections 306, 107, 498-A etc. and held that, unlike Section 113-B of the Evidence Act, a statutory presumption does not arise by operation of law merely on the proof of circumstances enumerated in Section 113-A of the Evidence Act. This Court held that under Section 113-A of the Evidence Act, the prosecution has to first establish that the woman concerned committed suicide within a period of seven years from the date of her marriage and that her husband has subject her to cruelty. Even though those facts are established, the Court is not bound to presume that suicide has been abetted by her husband, Section 113-A, therefore, gives discretion to the Court to raise such a presumption having regard to all other circumstances of the case, which means that where the allegation is of cruelty, it can consider the nature of cruelty to which the woman was subjected, having regard to the meaning of the word 'cruelty' in Section 498-A IPC."