that Schedule. [Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975 , section 5 (w.e.f . 26. 4. 1975 ).] [ Editorial comment -The Constitution (Thirty ... matters of section 302 , section 307 and section 392 read with section 34 of the Indian Penal Code
said penal provision, that is, Section 377 of the
Indian Penal Code, in Suresh Kumar Koushal and another v. Naz
Foundation and others2 ... India and further to declare Section 377 of
the Indian Penal Code (for short, ― IPC ‖) to be unconstitutional. When
offence described in Section 463 or punishable under Section 471 , Section
475 or Section 476 IPC is alleged ... Cr.P.C. The High Court dismissed the petition holding
that Section 463 cannot be construed to include Section 467 IPC
section (3) of section 376 or section 376 AB or
section 376 DA or section 376 DB of the Indian ... section (3) of section 376 or section 376
AB or section 376 DA or section 376 DB of the
Indian
Code of Criminal Procedure , 1973, section 354(3) -If
section 302 , Penal Code, is constitutional, whether the
sentencing procedure provided in section ... Upholding the constitutionality of section 302 , Penal
Code, and section 354 (3) of the Code of Criminal Procedure
Code. the Court.
^
HELD
under Sections
172 to 188 (both inclusive) of the Indian Penal
Code (45 of 1860), or
........
except on the complaint in writing ... Section 195(a)(i) Cr.PC bars the court from taking
cognizance of any offence punishable under Section 188 IPC
report under Section 173(2) Cr.P.C. It would
clearly be beyond the purview of Sections 154 and 156 ... Cr.P.C., as the
case may be, and forward the report/reports under Section 173(2) or
Section 173(8)
Section 5 of Prevention of Corruption Act, 1947 as also under
Sections 383 and 420 I.P.C. read with Sections ... mentioned in Section 6(1) (a) and (b) of 1952 Act (which include offences
punishable under Sections 161 and 165
Indian
Penal Code and section 188 of the Criminal Procedure Code,
which are extra-territorial in operation could not have been
brought into ... 21 of
the Indian Penal Code even before this amendment. Clause 9
of section 21 , Indian Penal Code, shows that every
268
ACT:
Indian Penal Code , ss. 396 and 302/149, conviction and death
sentence under-Admitted enmity between accused and family of
deceased-Independent ... guilt of the four assailants awaiting their
death sentence under section 396 IPC or 302/149 IPC