Questions tagged [indian-penal-code]
Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law.
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Would keeping someone at home under fear of violence be abduction under Indian Penal Code section 364A?
IPC 364A states
Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives ...
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Would gagging fall within the scope of Indian Penal Code (IPC) section 375?
List item
IPC section 375 states
A man is said to commit "rape" if he--
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so ...
user49663
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Is physical contact without motion to the person not covered under Indian penal code 349 ? (plain reading)
From a plain meaning perspective would it be considered covered?
Section 349 Indian Penal Code (IPC) states the following
A person is said to use force to another if he causes motion, change of ...
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how is familial rape treated in Indian law?
Section 376, Indian Penal Code (IPC) states the punishment for rape commited by a..
...relative, guardian or a person in position of trust and authority
shall be rigiourous imprisonmment for minimum ...
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How "risky" it is if I lose my passport? Will police investigate how I lost it?
I have some stamps on my passport that are not really good, and I don't want any of my family members to see it.
Now, if I lose my passport somehow, and apply for a new passport, would I get a clean ...
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can unprotected sexual activity be considered attempt to murder in this section of IPC?
IPC 307 states
Attempt to murder.—Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be ...
user49663
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what does "force" and "criminal force" apply to in Indian Penal Code?
how is "force" interpreted in section 349 Indian Penal Code?
Force.—A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or ...
user49663
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Rights of remand prisoner in India to visit ailing sick mother [closed]
A remand prisoner in India having criminal cases in multiple states.
In remand for over 8 years.
The prisoner's mother is very sick with various health issues and wanted to spend few days with mother ...
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What parts of the Code of Criminal Procedure deal with appeal from a sentence?
I've been browsing through the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPc) and there doesn't seem to be any provision for appeals from sentencing (reduction) there seems to be ...
user49663
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What does "unlawfully compels" mean in IPC section 374
IPC section 374 states
Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one ...
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could compelling someone to have sex with them with the threat of other harm be considered rape?
IPC section 375 states this
A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any ...
user49663
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What is the scope of Indian Penal Code section 354?
The Indian Penal Code (IPC) section 354 criminalises criminal force or assault with the intent to outrage a woman's modesty. What does this cover? Is this broad? And does it apply equally in all ...
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Is section 13 of the POCSO act read together with section 67-B of IT act 2000?
so the two acts have related provisions in regards to CP offences.
Section 13 of the POCSO act states that
Whoever, uses a child in any form of media (including programme or advertisement telecast by ...
user49663
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how is presumption of mens rea in POCSO act dealt with (india)?
the act states
[ (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special Court shall presume the existence of such mental ...
user49663
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What does the term "falls under two or more seperate definitions of an offence" mean in IPC section 71?
Indian Penal Code section 71 states
Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or
...
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The Prevention of Corruption Act in India
The section 7A of the Prevention of Corruption Act in India states:
Taking undue advantage to influence public servant by corrupt or
illegal means or by exercise of personal influence.
Whoever ...
user49663
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How is sexual intent proven or disproven in Indian criminal law?
The Indian Penal Code states that
physical contact and advances involving unwelcome and explicit sexual overtures
is guilty of sexual harassment. Pikewise, POCSO act sections 7 and 11 state
Whoever,...
user49663
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in India can courts pass less than minimum sentences in India?
case law - https://www.google.com/amp/s/www.thehindu.com/news/national/courts-cant-reduce-minimum-sentence-says-sc/article26231284.ece/amp/
is this true ? there have been cases where supreme court has ...
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how is "force" in Indian law interpreted based on section 349 of the Indian penal code?
Indian penal code defines "force" as
A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance ...
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what does the term "makes her to do so with him or any other person" mean in IPC section 375 and in what contexts is it used?
IPC 375 relates to rape, and says
A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or ...
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are there any exceptions to CrPc 433A ? (Indian law)
the article states
Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the ...
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Does Indian criminal law have provisions for post-conviction release from sentences?
I am researching the Indian penal system and it appears that the only provisions for this are Criminal Procedure Code (CrPC) Sections 360, 432, and 433. However, neither of these seem to apply to ...
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In India, consent based on a misunderstanding of the facts is not considered valid (S. 90 of the Penal Code). How widely can this rule be applied?
Section 90 of the Indian Penal Code says:
Consent known to be given under fear or misconception.
A consent is not such a consent as is intended by any section of this Code, if the consent is given by ...
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Are there any exceptions to ipc article 7 ? (Indian law)
Do words that have been explained in one part of the act have to neccesary be assigned the same meaning in another act ?
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Are second level cousins considered "Sapindas" in India's Hindu Marriage Act?
Are second level cousins considered Sapindas in India's Hindu Marriage Act?
Please refer the following screenshot in which the highlighted SINDHUJA [Y] (Red in color) and RAJ [M1] (White in color) may ...
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Is it non constitutional to remove identity based laws from the Indian constitution?
In the beginning pre-amble of Indian constitution it is written that it is a secular country. However this secular is not used in the sense of the Western secularism but that of Nehru's. The idea, as ...
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What is the basic structure of Indian Law?
Recently, I read the constitution of India and it was great. However, I'm unable to understand how Acts are made, what current classifications are. I find quite some overlap in laws, patchwork, ...
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How are Indian laws classified and how many types of law are there?
As a common man, with a limited to no knowledge about the Indian legal system...
How are Indian laws classified? (Covering every law in India.)
If I were to search and know about a law in India, ...
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What exactly is Contempt of Court Acts in 1971, in Indian law?
Recently some people are trying sue people who criticized Indian SC.
Plea seeks contempt of court proceedings against three for criticising
SC's comments
Read more here
I thought one could easily ...
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As IPC 497 is struck down - can any married person now file a divorce based on the fundamental 'right to choose'?
Supreme Court of India has struck down IPC section 497:
A five-judge bench of the court ruled that section 497 of the Indian Penal Code violates
women’s right to equality and treats them like the ...
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Is justifying communal violence not illegal?
India, unfortunately, has a history of communal violences mostly between two largest religious communities.
Violence due to separatism, casteism, terrorism etc also have similar histories.
There are ...
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is it necessary for India to have a war crimes act to prosecute war criminals in India too?
Many EU nations have a war crimes act in their countries to prosecute e g. Germany and the UK.
war crime act 1991
war crime act in india
Section 120A and 120B of IPC,1860 says that when two or more ...
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How does a court infer marriage in India?
Since in India marriages are not legal contracts, how does a court infer marriage in India?
As living together is legal in India without marriage, having a biological child cannot be the proof of ...
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Section 112 in The Indian Evidence Act, 1872 still valid and enforceable, in the face of DNA testing telling that the child is illegitimate?
Here is Section 112 in The Indian Evidence Act, 1872.
Central Government Act Section 112 in The Indian Evidence Act, 1872
112. Birth during marriage, conclusive proof of legitimacy.—The fact that any ...
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A beggar forced me to give money
Backstory:
A beggar beat (very hard) the gate of my room (a rental room in a residential building). I opened the gate and refused to give money. When I tried to close the door they forcefully entered ...
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What legal remedy available for Proprietor firm an accused to deal with138 of NI act Dishonor of cheque
A proprietor firm "ABC Traders" continuously do's the business with a Private Limited Company. The "ABC Traders" gets credit upto 70 Lakh from the said Private Limited Company. ...
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Jurisdiction of file a complaint of a party who fraudulantly denies the contract
The complainant started working for a company as a freelancer, there is no duly signed document but the complainant has the confirmation message in Skype conversation. Also he has all the conversation ...
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If a witness claims his signature was taken on blank paper and then statements were written would that become null and void?
This is in relation to the Aryan Khan's Case in which one of the witness claims his signature was taken on a blank paper and he was not aware of what was going to be written on it. He signed it ...
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Is there a law in India that determines the punishment on the basis of quantity of narcotic drugs possessed by a person?
Suppose a person was found with 1kg of a narcotic drugs and another person with say 1000kgs does the punishment for the crime differ for both the people accused?
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Noise complaint to neighbouring shop
How do I approach to neighboring shop which does carpentry work throughout the day? The local area is in Gujarat and it's not a housing society. It's a kinda lane where many of the local shops are ...
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Is keeping weed/ganja for one time usage (for one person) a crime in India?
Is it illegal to possess an amount equal to a one-time usage for one person?
Is there any specific law for this?
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Remedy for employee regarding Provident Fund
What are the possible charges an employee can take against an employer regarding Provident Fund - An employee works in a company for a short duration i.e., less than a year. Employee who was able to ...
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Consequences of violation of employment contract in India
What legal action can an employer take against the employee who used the company laptop to work on a freelancing project? Duration maybe max of 10 days.
Possibility of allegation from employer is for ...
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Can Indian Company file a Civil Suit against a Foreigner
A common foreign client is simultaneously in discussion with Company A and Company B in India. The so called client states that Company B product is a copy of Company A's product during the demo ...
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Is marriage rejection on the basis of caste a criminal offence?
I am a Brahmin and my girlfriend is Schedule caste, and my parents are denying our marriage because of caste. Will it be considered a criminal offence under Indian caste discrimination law, if any?
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If someone does not downvote defamatory post does that mean they endorse it?
If someone does not downvote defamatory posts on Stackexchange are they liable for defamation under Indian Penal code? I am refering to section 499 and section 500.
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What's the minimum age of consent for sexual matters in India
I'm confused about the age of consent for sexual relations. Is it 18 or 16?
IPC (1860) has various sections like 375 which criminalises sex with girl under 18years of age even with her consent. But ...
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Is online lottery legal in India?
Is a person from Noida, Uttar Pradesh, India allowed to play an online lottery? I know playing the lottery is banned in Uttar Pradesh, India, but what about playing the online lottery of other states ...
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Is there any specific IPC section for torture/torture before crime
This question is specifically related to the Indian Constitution
So, I have been wondering if a criminal tortures the victim before committing a crime like rape or murder. Would it include additional ...
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Violating Non-Compete Agreement with my Employer
I'm currently employed in a startup in India. I have been working here for 1 year, and have signed non-compete agreement (electronically or digitally).
Recently a person contacted me in Linkedin ...
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