accused persons on 14.5.2002. Charges
were framed under various sections of Indian Penal Code (for short ' IPC '), the
Prevention of Terrorism ... taking cognizance
of any offence punishable under Chapter VI of the Indian Penal Code except
with the previous sanction of the Central Government
citizen of Afghan origin should not be discriminated against those of an Indian origin. Caste – Discrimination on the basis of caste is also prohibited ... section 307 and section 392 read with section 34 of the Indian Penal Code, 1860. The contention brought before the court was that these provisions
Bench of
this Court to the said penal provision, that is, Section 377 of the
Indian Penal Code, in Suresh Kumar Koushal and another ... Constitution of India and further to declare Section 377 of
the Indian Penal Code (for short, ― IPC ‖) to be unconstitutional. When
the said
Upholding the constitutionality of section 302 , Penal
Code, and section 354 (3) of the Code of Criminal Procedure
Code. the Court.
^
HELD: Per majority.
Sarkaria ... Indian
Constitution were fully aware of the existence of death
penalty as punishment for murder, under the Indian Penal
Code , if the 35th Report
said Executive Magistrate on the charge
under Section 302 of Indian Penal Code and shielding the S.P. who
also ordered firing which caused ... report under Section 173(2) Cr.P.C. It would
clearly be beyond the purview of Sections 154 and 156
under this act, or under sections 272 to 276 of the Indian Penal Code (45 of 1860), it shall not be necessary in such proceeding ... under this Act or under sections 272 to 276 of the Indian Penal Code (45 of 1860): [Provided that any document purporting
Section 276 in The Indian Penal Code, 1860
276. Sale of drug as a different drug or preparation.—
Whoever knowingly sells, or offers or exposes
Sections
365 / 366 / 376(2)(g) / 377 / 307 / 302 IPC and/or Sections 396 / 395 IPC read with
Sections ... Kaalu are sentenced
to death for offence punishable under Section 302 Indian Penal Code.
Accordingly, the convicts to be hanged by neck till they
Judges of High
Court/Supreme Court--Issuance of guidelines by Court.
Indian Penal Code , 1860: Ss. 19, 21--"Judge"--Whether
includes a High ... pression "public servant" as given in the Indian Penal Code .
[266E-F]
2.2 No person is above the law. In a proceeding under
Section 309 of
Digitally signed by
SUBHASH CHANDER
Date: 2018.03.09
the Indian Penal Code
D.2 Gian Kaur’s case – The question ... humanize our penal laws.
D.2 Gian Kaur’s case – The question of
unconstitutionality of Section 306 of the Indian
Penal Code:
18. The dictum
