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
Section 1208 read
with Sections 409 , 420 , 467 , 468 and 471 Indian Penal Code.
In the second FIR dated 12.6.1989 field by the
superintendent ... case of an offence by a
public servant punishable under
Section 409 , I.P.C. the acquisition
of dominion or control over the
property must
Section 39 in The Code of Criminal Procedure, 1973
39. Public to give information of certain offences.
(1) Every person aware of the commission ... offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely - (i) Sections 121 to 126, both inclusive
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
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
constitutes offences under Section 379/114 and other
provisions of the Indian Penal Code . In other words, whether the
provisions of Mines and Minerals ... explicitly or impliedly excludes the
provisions of Indian Penal Code when the act of an accused is an offence
both under the Indian Penal Code
Nature,
constitutional position and status of Minister or Chief
Minister.
Indian Penal Code 1869- S. 21(12) -Public servant &
Criminal Procedure Code ... force" which manifestly includes the
Central Acts, namely, the Indian Penal Code, the Corruption
Act and the Criminal Law (Amendment) Act. Thus, the
Legislature
said to
be an act done without consent, the Indian Penal Code
categorizes these two expressions under separate heads in
order to be as comprehensive ... course, the
ultimate conclusion depends on the facts of each case.
Indian Penal Code does not define 'consent' in positive
terms, but what
