Rajput women burning themselves in ceremony, during the siege of Chitor. From Akbarnama. The Section 309 in the lays down the punishment for. There have been appeals to remove the section from different sources. In the Gian Kaur Case in 1996, a five judge bench of the had ruled that the section 309 was not violative of article 21 of the. The law commission of India had also recommended removal of the section from the statute. A bill in this regard was introduced in the parliament, but was not made into law.
The Supreme court in 2011 recommended to Parliament to consider the feasibility of deleting this section from the statute. Even though the section has not been removed, the Mental Healthcare Act, 2017 and Rules under the act have effectively decriminalized attempted suicide with effect from July 2018. Contents. Text 309.
Attempt to commit suicide: Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both. Decriminalization Section 309 of the Indian Penal Code was set to be limited in effect by the Mental Health Care Bill, 2013. The Mental Health Care Bill was introduced to the Rajya Sabha on 19 August 2013 and provides, in article 124, that 'Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to be suffering from mental illness at the time of attempting suicide and shall not be liable to punishment under the said section.' It also provides that the Government shall have the duty to provide medical care to any such person attempting suicide.
The Bill, therefore, does not repeal Section 309 of the Indian Penal Code, but merely provides the presumption of mental illness. The bill was referred by the Rajya Sabha to a Standing Committee on 18 September 2013, which submitted a report on 20 November 2013. In its report, the Standing Committee had three concerns on this provision: firstly, that the presumption of mental illness would subject persons to 'mental health treatment', secondly, concerns about the consequences on Section 306 of the Penal Code, which concerns abetment to suicide, and thirdly, concerns regarding the 'institutionalization in silencing victims of domestic violence.'
In response, the Ministry proposed amendments which would change the language of this provision to one concerning the 'presumption of severe stress in case of attempt to commit suicide'. The Committee accepted this recommendation, noting that there was still ambiguity regarding the stage at which this presumption would operate. In response to a question by Vivek Gupta in the Rajya Sabha on decriminalization of suicide on 10 December 2014, the Minister of State for Home Affairs, replied that 'it has been decided to delete Section 309 of IPC from the Statute book.' However, pending the passage of the Mental Health Care Bill 2013, Section 309 of the Indian Penal Code was yet to be limited or repealed. On 24 February 2015, the Minister of State in the Ministry of Home Affairs, Haribhai Parathibhai Chaudhary, said that a proposal to delete Section 309 from the Indian Penal Code had been sent to the Legislative Department of the Ministry of Law and Justice for drawing up a draft Amendment Bill. Attempted suicide was decriminalized with the passage of the Mental Healthcare Bill.
The Rajya Sabha passed the Bill on 8 August 2016, and the Lok Sabha on 27 March 2017. The relevant provision of the Mental Healthcare Bill states, 'Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.' See also. Notes.
Indian Kanoon. Retrieved 2015-12-09. Jai, Janak Raj (2003). Retrieved 15 July 2014. Venkatesan, J. 8 March 2011. Retrieved 15 July 2014.
India Kanoon. Retrieved 2017-03-28. Ministry of Health and Family Welfare.
Union of India. Retrieved 10 December 2014. The Indian Express.
Retrieved 2015-12-09. The Times of India. Retrieved 2015-12-09., Available at Learning the Law.
Parliamentary Research Service India. 20 November 2014. Retrieved 10 December 2014. Press Bureau of India. Government of India. 10 December 2014. Retrieved 10 December 2014.
Press Bureau of India. Ministry of Home Affairs, Government of India. 24 February 2015. Retrieved 26 February 2015., Available at Learning the Law.
The Indian Express. Retrieved 2017-03-27.
. Maximum punishment in Criminal 420 IPC case. I want to know:- What is the maximum punishment in criminal case @? The case is related to house/property fraud.money was taken as Amanat and returned back on demand (Receipt on stamp paper of Rs. 25/- and notarised by oath commissioner).
But complainant knowingly denying about the receipt of money and mentioning it as a mare receipt for skin saving. Can she deny the receipt on notarised stamp-paper? If a person sell his property at Rs.
8.00 lacs (sales deed), then can he claim it as Rs. 26.00 Lacs, without any evidences? Just for the sake of FIR @ 420?
Title and extant of operation of the Code Act No. This Act shall be called the Indian Penal Code, and shall 1extend to the whole of India 2except the State of Jammu and Kashmir. ———————— 1. The original words have successively been amended by Act 12 of 1891, sec. 1937, the A.O.
1948 and the A.O. 1950 to read as above.
By Act 3 of 1951, sec. 3 and Sch., for “except Part B States”. Punishment of offences committed within India Every person shall be liable punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall be guilty within 1India 2. ——————————- 1. The original words “the said territories” have successively been amended by the A.O.
1937, the A.O. 1948, the A.O.
1950 and Act 3 of 1951, sec. 3 and Sch., to read as above. The words and figures “on or after the said first day of May, 1861” rep. By Act 12 of 1891, sec. Punishment of offences committed beyond, but which by law may be tried within, India Any person liable, by any 1(Indian law) to be tried for an offence committed beyond 2(India) shall be dealt with according to the provisions of this Code for any act committed beyond 2(India) in the same manner as if such act had been committed within 3India. ——————————– 1. 1937 for “law passed by the Governor General of India in Council”.
The original words “the limits of the said territories” have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec.
3 and Sch., to read as above. The original words “the said territories” have successively been amended by the A.O. 1937, the A.O. 1948, the A.O.
1950 and Act 3 of 1951, sec. 3 and Sch., to read as above. Extension of Code to extra-territorial offences 14. Extension of Code to extra-territorial offences. The provisions of this Code apply also to any offence committed by 2(1) Any citizen of India in any place without and beyond India; (2) Any person on any ship or aircraft registered in India wherever it may be. Explanation.In this section the word “offence” includes every act committed outside 3India which, If committed in 3India, would be punishable under this code.
4 Illustration 5. A, 6who is 7a citizen of India, commits a murder in Uganda.
He can be tried and convicted of murder in any place in 3India in which he may be found. 8. —————————- 1 Subs. By Act 4 of 1898, sec. 2, for the original section. 1950, for clauses (1) to (4). 3 The words “British India” have been successively amended by the A.O.
1948, the A.O. 1950 and Act 3 of 1951, sec. To read as above. By Act 36 of 1957, sec.
II, for “Illustrations” (w.e.f. 5 The brackets and letter “(a)” omitted by Act 36 of 1957, sec. 1948, for “a coolie, who is a Native Indian subject”. 1950, for “a British subject of Indian domicile”. 8 Illustrations (b), (c) and (d) omitted by the A.O.
Certain laws not to be affected by this Act 15. Certain laws not to be affected by this Act.- Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law. 1950, for the original section. Definitions in the Code to be understood subject to exceptions Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or illustration.
Illustrations (a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age can not commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. (b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement for he was bound by law to apprehend Z and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”. Sense of expression once explained Every expression, which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation. Gender The pronoun “he” and its derivatives are used of any person, whether male or female. Number Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.
Man, Woman The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age. Person The word “person” includes any Company or Association or body of persons, whether incorporated or not. Public The word “public” includes any class of the public or any community. Queen Definition of “Queen”.
Rep. Servant of Government 114. “Servant of Government”.- The words “servant of Government” denote any officer or servant continued, appointed or employed in India by or under the authority of Government. ——————————— 1.
1950, for the original section. British India Definition of “British India”. Rep. Government of India Rep. Government 117. “Government”.- The word “Government” denotes the Central Government or the Government of a 2. State.
1950, for the original section. The word and letter “Part A” omitted by Act 3 of 1951, sec. India.- “India” means the territory of India excluding the State of Jammu and Kashmir. —————————— 1 Subs. By Act 3 of 1951, sec. 3 and Sch., for the former section which was ins. The original section 18 was rep.
Judge “Judge”.–The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a judge. (c) A member of a Panchayat which has power, under 1Regulation VII, 1816, of the Madras Code, to try and determine suits, is a judge.
(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a judge. By the Madras Civil Courts Act, 1873 (3 of 1873). Court of Justice The words “Court of Justice” denote a judge who is empowered by law to act judicially alone, or a body of judges, which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially Illustration A panchayat acting under 1Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice. By the Madras Civil Courts Act, 1873 (3 of 1873).
Contents. Classification Patent publications from all of the Contracting States (and also most others) are each assigned at least one classification symbol indicating the subject to which the invention relates and may also be assigned further classification symbols and indexing codes to give further details of the contents.
Ipc Section List In English
Each classification symbol is of the form A01B 1/00 (which represents 'hand tools'). The first letter represents the 'section' consisting of a letter from A ('Human Necessities') to H ('Electricity'). Combined with a two digit number, it represents the 'class' (class A01 represents 'Agriculture; forestry; animal husbandry; trapping; fishing'). The final letter makes up the 'subclass' (subclass A01B represents 'Soil working in agriculture or forestry; parts, details, or accessories of agricultural machines or implements, in general'). The subclass is followed by a one-to-three-digit 'group' number, an oblique stroke and a number of at least two digits representing a 'main group' or 'subgroup'.
A assigns classification symbols to patent application or other document in accordance with classification rules, and generally at the most detailed level which is applicable to its content. A: Human Necessities B: Performing Operations, Transporting C: Chemistry, Metallurgy D: Textiles, Paper E: Fixed Constructions F: Mechanical Engineering, Lighting, Heating, Weapons G: Physics H: Electricity History The origin of the International Patent Classification is the 'International Classification' created under the. The first edition of the International Classification became effective on September 1, 1968.
It consisted of eight sections, 103 classes, and 594 subclasses, as compared with the IPC eighth edition consisting of eight sections, 129 classes, 639 subclasses, 7,314 main groups, and 61,397 subgroups. In 1967, WIPO's predecessor, and the began negotiations aiming to 'internationalize' the International Classification.
Their efforts bore the Strasbourg Agreement in 1971. For the first seven editions of the IPC, the classification was updated approximately every five years. With the eighth edition, which came into force January 1, 2006, the system was revised and the classification was divided into 'core' and 'advanced' levels.
The core level was to be updated on a three-yearly basis. The advanced level provided more detailed classification and was updated more frequently (probably every three months). International Patent classification edition 8 was designed to allow patent offices the choice between a simpler to implement but more general classification using the core classifications, or a more detailed but more complex to maintain advanced classification. This division into core and advanced levels was reversed with the 2011 version of IPC, IPC2011.01.
The IPC is under continual revision, with new editions coming into force on January 1 of every year. The current version is IPC2016.01. See also.
Ipc In Hindi Pdf
(CPC). (ECLA). References.