OFFENCE AGAINST HUMAN LIFE (SEC 349-377)

  1. Criminal force and assault (Section 349- 358)
  • Force (Section 349): the section lays that a person is said to use force to another if he causes motion, with anything which that other is carrying or with anything so situated that such contact affects that other’s sense of feeling.
  • Assault (Section 351): This section defines any expression or preparation intending, or knowing it to be likely, that such gesture or preparation will cause any person present to use criminal force to the latter, is alleged to commit an assault.

Some aggravated forms of assault:

  • Section 353: to stop a public servant from discharging his duty.
  • Section 354: to a woman with intent to outrage her modesty.
  • Section 355: with intent to dishonor a person.
  • Section 356: in attempting theft.
  • Section 357: to a person, in attempting wrongfully to confine that person.
  • Assault with intent to outrage the modesty of a woman (Section 354).
  1. Kidnapping, Abduction, Sale of minors, slavery and forced labor
  1. Kidnapping from India (Section 359-360 and 363): any person beyond the limit of India, without the consent of that person or of some person legally authorized to consent on behalf of that person.
  2. Abduction (Section 362)

It means intention to commit an offence is penalized. Abduction with the intention to rob or to murder becomes an offence. Two essentials of abduction are one is forcible compulsion or inducement and second is the object of such compulsion or inducement must be to make the person go from any place.

  1. Kidnapping from lawful guardianship (Section 361-363) means
  • A minor male who is under 16 years of age
  • A minor female who is under 18 years of age
  • A person of unsound mind
  1. Slavery and Trafficking (Section 370-371)

This section covered the offences which are given below:

  • Trafficking of a person
  • Exploitation of a trafficked persons
  • Habitual dealing in slaves
  1. Sale or purchase of minors for immoral purposes (Section 372-373)
  2. Unlawful compulsory labor ( Section 374) 
  1. Section 375- Offence of Rape

Section 375 of the Indian Penal Code states that, Sexual Intercourse with women without her consent is an offence of rape.

  1. Against her will or consent.
  2.  With her consent, but when someone forcing and doing it forcefully and she agreed in fear of death or of hurt.
  3.  With her consent but when the man knows that he is not her husband and the girl believes that she is lawfully married to him and gives consent to him.
  4. With her consent but that time she was intoxicated or in the state of unsound mind.
  • Exceptions to Section 375 of Indian Penal Code:

(1) If a woman does not deny, then it will be regarded as the sexual activity.

(2) A medical procedure shall not be considered as an offence of rape.

(3) If wife is older than 18 years of age then Sexual intercourse by a man with his wife not considered as a rape.

Case Law- Tulsidas Kanolkar v. The State of Goa

Facts: 

In this the victim was not mentally stable and that’s the reason accused took advantage of her mental condition and has sexual intercourse.no one was aware about this even not her family also. When the girls found pregnant then family knows about incident and the case was filed against accused.

Judgment:

The judgment was passed in favor of victim. And he was held liable that he took advantage of her condition. In such incident no question of consent arises. He was liable for punishment with fine of rs. 10000 and 10 years of imprisonment.

  1. Unnatural offence (Section 377)

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment for life or for 10 years and fine.

This section provides punishment for what is called as sodomy, buggery and bestiality.

Offences against human life

  1.  Abetment of suicide (Section 305 and 306)
  • Section 305 – abetting suicide committed by a person under 18 years of age, or by an insane or a delirious person, or an idiot or a person in a state of intoxication. Such offences are punishable by death or imprisonment for life, or imprisonment for 10 years and fine.
  • Abetting suicide committed by any other person. 
  1.  Attempt to commit murder, culpable homicide or suicide (section 307-309)
  2. Attempt to commit murder (S.307)

If a person does any act with such intention or knowledge and under such circumstances that if he by that act caused death, he would by guilty of murder; the person is punishable with imprisonment to ten years and fine.

  1. Attempt to commit culpable homicide (S. 308)

Attempt to commit culpable homicide is penalized by section 308 means doing any act with such intention or knowledge and under such circumstances that if the offender caused death by the act, the person  would be guilty of culpable homicide not a murder.

  1. Attempt to commit suicide (S.309)

Attempting to commit suicide and doing an act towards the commission of the offence is punishable with simple imprisonment for one year, or fine or both.

  1. Being a Thug (Section 310 and 311)

A thug is a person who has been habitually associated with others for the purpose of committing robbery or child-stealing by means of, or accompanied with murder. Gangs of person habitually associated for the purpose of murdering travellers of others in order to take their property are called thug. 

Habitual association with others with the intention of committing either robbery or child stealing accompanied with murder, constitutes this offence. If it is proved that the thug has committed murder, he will be punishable for murder.

  1. Offences relating to the birth, death, exposure of children (S. 312-318)

Offences relating to the birth, death of children are sub-divided into the following.

  1. Causing miscarriage ( Section 312-314)

-Voluntarily causing a woman with child to miscarry, otherwise than in good faith for the purpose of saving the life of the woman and without her consent.

-Act done with intention and cause a miscarriage.

  1. Injuries to unborn child (section 315-316)

– Section 315: doing an act which is not act in a good faith, with intention to prevent a child being born or to cause it to die after birth.

-Section 316:  intentionally create situation which caused the death of a quick unborn child by an act amounting to culpable homicide.

– Section 317: exposure and abandonment of infants (a child under 12 years) by parents or persons having care of the child, with the intention of wholly abandoning it is an offence.

– Section 318: intentionally hide the birth of a child and by secretly burying or otherwise disposing of the dead body of the child, and after such incidents child dies before or after or during the birth, is an offence under section.

  1. Subjecting wife to cruelty (Section 498 A)

If a husband or any relative of the husband of a woman subjects the woman to cruelty, he becomes punishable with imprisonment for three years.

  • Any intentional act which is dangerous in nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health.
  • Harassment of the woman, whether such harassment is with a view to coercing her to meet any unlawful demand for any property or valuable security or is on account of her failure to meet such demand.
  • The greed for dowry is at the root of the offence where the husband continuously held out threats of taking away the son and harassing the wife to meet his dowry demands, to the extent of compelling the wife’s parents to sell away their property, it was held that such treats and harassments are punishable under section.

Offences against Human Life Ss. 299-318

  1. Culpable Homicide [Section 299,301 and 304]

The first offences against human life are culpable homicide. Causing the death of an animal is not murder; it comes under the head of offence of mischief or to cruelty to animals under the cruelty to animals act. Life and death of a human being is a homicide.

There are two kinds of homicide namely lawful and unlawful homicide. 

The cases of lawful homicide fall under general exceptions. For example: when death is caused by accident or in the exercise of the right of private defense of the body. Unlawful homicide: 

  • Culpable homicide not amounting to murder (Section 299)- it is a less serious offence than murder and it is punishable with death or imprisonment for life. Culpable homicide can be analyzed with the intention of causing death, with the intention of causing such bodily injury as is likely to cause death, with the knowledge that he is likely, by such act, to cause death. 
  1. Murder (Section 300) – second offence is offence against human life.

             Culpable homicide can be murder and it is analyzed under:

  1. If the act done with the intention of causing death.
  2. If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused.
  3. If it is done with the intention of causing bodily injury and the bodily injury intended to be afflicted is sufficient, in the ordinary course of nature, to cause death.
  4. If the offender knows that the act causes a dangerous death, or any bodily injury as is likely to cause death and commits such act without any excuses for incurring the risk of causing death or any such injury.

When culpable homicide is not murder (Section 300, Exceptions 1 to 5)

  1. Grave and sudden Provocation (Exceptions 1)

Culpable homicide is not murder, if the offender, whilst deprived of the power of self-control by grave and sudden provocation, cause the death of the person who gave the provocation 

  • Is not sought or voluntarily provoked as an excuse for killing or doing harm
  • Is not given by anything done
  1. Exceeding right of private defense (Exception 2)

Culpable homicide is not murder if the offender, in the exercise in good faith of right of private defense, exceeds the legal limit and causes the death of the person without any intention of doing more harm than necessary.

  1. Public servant exceeding his power

Culpable homicide is not murder if the offender is a public servant and breaks his legal powers and caused death by any act believes by him in good faith, to be lawful and necessary for the due discharge of his duty and without ill will towards the person killed.

  1. Sudden fight (Exception 4)
  • Without premeditation
  • In a sudden fight
  • In the heat of passion
  • Upon a sudden quarrel 
  • Without taking undue advantage
  • Without acting in a cruel manner
  1. Death caused with victim’s consent 

If the consent of death is being caused then, the offence is not that of murder, but a case of culpable homicide not amounting to murder.

  1. Death causing by rash or negligent act (Section 304 A)

Rashness and negligence are not the same thing. A simple negligence cannot be construed to mean rashness. There are degrees of negligence and rashness, and in order to amount to criminal rashness or has been of such a degree as to amount to taking hazard, knowing that the thereby.

Criminal rashness is very a dangerous or a wanton act with the knowledge that it is so and that it may cause injury, but without any intention to cause injury, and knowledge that it will probably be caused. 

Criminal negligence is the culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury.

  1. Causing Dowry death (Section 304 B)

In this section:

  • Death of a woman caused by any burns or bodily injury or occurs otherwise than under normal circumstances within the seven years of her marriage.
  • It is shown that before her death; she was being tortured by her husband subjected to cruelty or harassment by her husband or any relative of her husband, for or in connection with any demand for dowry.

The offence of dowry death is a cognizable and non-bail able offence. 

Important factors of section 304B

  1. The wife should have died because of burns or any bodily injury
  2. Her death should have occurred otherwise than under normal circumstances.
  3. Such death should have taken place within seven years from the date of her marriage.
  4. Soon before her death, she should have been subjected to cruelty or harassment by her husband or any of his relatives.
  5. Such cruelty or harassment should be for, or in connection with, any demand for dowry.

Offences related to Election section

  1. Bribery -As per Section 171B a person is said to commit bribery when he/she gives gratification to someone with the object of inducing such person with regards to practicing his/her electoral right, or as a reward, after such person has exercised his/ her electoral right after being induced. The person taking such bribe and being induced into practicing his/her electoral right differently is also guilty of the offence of bribery.

For this section, a person is said to give gratification when they offer/attempt to give/ offer or attempt to procure gratification. The person accepting or attempting to get gratification for changing his/her pre-decided course and acting according to the wish of the one giving such gratification shall be said to have received gratification.

  1. Undue influence at an election –Section 171C deals with undue influence at an election. It refers to the voluntary interruption or an attempt to interrupt the free exercise of an electoral right. Interference with the free exercise of an electoral right as per this provision includes-

-Threatening (with injury of any kind) a candidate or a voter or a person in whom a candidate/voter is interested in, or;

-Misleading or attempting to induce a candidate/voter to believe that they, or any person that they are interested in, shall be subjected to Divine displeasure or spiritual censure.

Exercise of a legal right without any mala fide intent to interfere with someone’s voting right, declaration of public policy or a promise of public action does not count as interference as per the meaning of this section.

As per Section 171F, undue influence at an election is punishable with imprisonment which may extend to one year, or a fine, or both.

  1. Personating at an election-

Section 171D says that a person attempting to vote twice or vote by using unfair means is guilty of the offense of personating. Each one is to cast their own vote. For example, a person applying for a voting paper by using someone else’s name, whether living or dead, or under a fictitious name, or has voted in such an election and wants to vote again is guilty of personation. A person abetting or attempting to procure a voting paper by using any other person for their cause shall also be guilty of the offense of personation.

It is important to note that a person authorized to vote as proxy for an elector under any law which is at force at that time shall not be guilty of this offence.

  1. False statement in connection with an election-

Section 171G states that whoever makes/publishes a statement in public, knowing/believing it to be false or not believing it to be true, and disguising it to be a statement of fact, with an attempt to malign the character or conduct of a candidate to disrupt the result of elections shall be punishable with fine.

  1. Illegal payments in connection with elections –

As per  Section 171H, a person responsible for incurring/authorizing expenses to promote their election campaign, which may include holding public meetings, press conferences, advertising, circulars or publications, without any general or special authority in writing of a candidate shall be punishable with a fine which may extend to Rs. 500.

However, if such a person, who has borne expenses not exceeding Rs. 10 without authority manages to obtain authority in writing of the candidate within days from the date on which such expenses were incurred, this provision would not be applicable as such person would be deemed to have acted with the permission of the candidate.

  1. Failure to keep election accounts-

As per Section 171 of the Code, a person who is responsible for keeping an account for the expenses incurred in connection with an election, as per the law which is in force at that time or as per a rule which has the force of law, when fails to do so, shall be punishable with a fine which may extend up to Rs. 500.

Offences against State Under IPC section 121-130.

  1. Section 121-It basically says that whoever wages war against the government of India or attempts to wage such war or abets the waging of such war shall be punished with death or imprisonment for life shall also be liable to fine.

Ingredients of section 121-

-Accused must wage war 

-Attempt to wage war 

-Abet the waging of such war 

-Against the government of India

Under, Section 121 it has been made clear that ‘war’ is not conventional warfare between countries, however, joining or organising an insurrection against the Government of India is a form of war. Waging war is a way to accomplish any purpose of public nature by violence. In this offence waging war intention and purpose are considered to be the most important factors.

  1. Collecting arms with the intention of waging war against the Government of India-To invoke Section 122 of the Code following ingredient must be satisfied

    (1) A person collects a men, arms or ammunition, or otherwise prepares to wage war,; and

(2) He does so with the intention of either waging war against the  Government of India or being prepared to wage war against Government of India.

 The offence under Section 122 of The Indian Penal Code is Cognizable, non-compoundable, non-bailable and triable by Court of Session.

  1. Assault on a higher official –

Section 124 deals with an assault on the President, Governor and other members of the government. This is an extension of the second clause of section 121A which makes conspiracy to show criminal force to the Government of India or any State Government punishable and it specifically deals with the executive powers such as the President and the Governor. The principle that this section lies on is the one where the heads of the State should be free from fear of personal harm and injury while discharging their legal duties. This protection is not to be considered absolute and extends only as long as they discharge their official functions.

  1. Escape of a State Prisoner-

Section 128 to 130 deals with State prisoners; State prisoners are those who have been arrested to maintain peace and tranquillity with other friendly nations and for the security of the Indian State. Sections 128 & 129 make it an offence for a public servant to voluntarily allow a prisoner of State or war to escape. It is punishable with life imprisonment up to 10 years and fine. If the prisoner escapes due to the negligence of the public servant, this is punishable with simple imprisonment for a term up to three years and fine. Section 130 applies to all persons who aid and assist a state prisoner to escape, not just a public servant.

  1. Sedition –

Sedition in the ordinary sense means a stirring up of rebellion against the Government. Sedition is thus a crime against society frequently leading to treason. The essential ingredients of Section 124A are, there is a bringing or attempting to bring into hatred or exciting or attempting to excite disaffection against the Government of India, such act or attempt may be done by words, either spoken or written or by signs or by visible representation & this act must be intentional.

-Essentials of section  124A-

-Sedition can be made in various ways- by words, written or spoken, by signs, or by visible representation. Seditious deeds include music, publications, performances (films and puppets), sculptures, photographs, cartoons, paintings and any other method.

-Brings or attempts to bring into hatred or contempt -The expression ‘brings or attempts to bring into hatred or contempt’ attempts to not interfere or interfere less with the freedom of speech.

-Excite Disaffection-The term ‘disaffection’ includes disloyalty and all other feelings of enmity. In order to amount to sedition, an act of disaffection must be excited among the people. In other words, the feeling of disaffection must be stirred among the people of the State.

As per this Section, the disaffection can be excited in several ways, such as:

  • Poem,
  • Allegory,
  • Historical or philosophical discussion,Drama, etc.

In order to amount to sedition, the publication is necessary. The publication can be of any kind and manner, including posts.

-Government Established by law -This expression refers to the existing political system which includes the ruling authority and its representatives. In other words, it refers to the people who are authorised by law to administer the Executive Government in any part of India. It includes the State Government as well as the Central Government. 

An offence to come under this section must be directed toward the Government of India.

Criminal Conspiracy Section 120A-120B

  1. Definition of Criminal Conspiracy under section 120A-The criminal conspiracy as it now stands is the agreement of two or more persons to do an illegal act or to do legal act by illegal means .A joint evil intent is necessary to constitute crime .No physical action need to take place .No consummation of crime need to be achieved or even attempted .
  2. Ingredients under section 120A –There should be an agreement between two or more person who are alleged to conspire. –The agreement should be to do or cause to be done an illegal act or an act which may not itself be illegal by illegal means.
  3. Nature and scope of section 120A –

-The presence of the agreement itself between two or more persons to carry out a crime gives orgin to the offence irrespective such act has been  committed or not.

-Meeting of minds is required for commission of crime .

-The section does not state that for conspiracy to be committed the conspirators must agree to commit an illegal act rather the conviction of the individuals is established when they agree to be a part of one of such illegal acts .

-In case Mohd Hussain Umar Kochra Vs KS Dalip Singhji The Apex Court has elucidated on the part played by each member in a conspiracy 

Commission of conspiracy might not exist when different persons act in the same manner but independently just because of the fact the methods they applied were similar for committing the illegal act.

Every individual who has participated in the commission of a crime in  furtherance of a conspiracy id guilty for all the acts of its conspirators if they were directed towards accomplishing a single object.

  1. Proof of conspiracy –It is very difficult to provide primary evidence for providing a charge of conspiracy. Further “A mere suspicion without the presence of any direct or indirect evidence instituting the prior meeting of minds , cannot be the grounds for conviction” was held PK Naryana Vs State of Kerela

Certain conditions as provided in section 10 of the Indian Evidence Act ,1872 that is required to be proof –

-The involvement of the parties forming an agreement must be proved by prima facie evidence .

-If this is satisfied than anything written , done or said in furtherance of the common intention will be evidence against all the parties.

-Anything done ,written or said by any of the conspirators post the formation of common intention by any of the parties would be admissible. This is the principle of collective liability which has been discussed under section 34 of the IPC.

-In case Sachin Jena and Another Vs State of west Bengal-The supreme court recognised that direct evidence of common intention is rarely available and therefore is to be inferred from the proven facts /circumstances of the case .Circumstantial evidence can be used to ascertain the guilt of the accused and to proof common intention.

  1. Punishment of criminal conspiracy under section 120B of IPC-

                       Section 120-B prescribes the punishment for the commission of the crime of criminal conspiracy. According to Section 120-B, if the parties involved in the conspiracy, conspired to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or more, shall be punishable in the same manner as if he/she had abetted the commission of such an offence, if no explicit punishment for the commission of such a conspiracy has been provided for, by the Code.

However, if the parties involved in the conspiracy, conspired to commit an offence punishable with terms not prescribed previously, such persons shall be sentenced to imprisonment for a term not exceeding six months, or a fine, or both.

abetment SS 109-120 OF IPC

  • Punishment for different kind of abetment (Section 109-120)
  1. If the act abetted is committed in consequence of the abetment, that is when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitute the abetment, and no express provision is made for the punishment of such abetment, the punishment which is prescribed is the same as for the offence abetted.
  2. If the person abetted does the act with a different intention or knowledge, then the abettor is to be punished as if the crime has been done with the intention or knowledge of the abettor.
  3. If the act committed is different from the act abetted but is a probable consequence of the abetment and is done under the influence is constituted the abetment.
  4. If the act is committed together with another act which is the probable consequence of the abetment and is done under the influence of the instigation, the abettor is liable to be punished for each of the crimes. 
  5. If the effect caused by the act abetted is different from the effect intended by the abettor but the abettor is known for the cause then the abettor is liable for the effect.
  6. If the abettor is present when the offence is committed then he is consider to commit such offence.

Abetment of serious offences (Section 115-117)

This section states that the imprisonment for abetting offences punishable with death, imprisonment for life and imprisonment.

  1.  A person abets of an offence is punishable with death penalty or imprisonment for life Even if the offence is not committed, then he is punishable with imprisonment for seven years with fine. The abettor is liable to imprisonment up to 14 years with fine if the act of abetment causes to hurt any person.
  2. If a person commit an offence and punishable with imprisonment and if that offence is not committed in consequences of the abetment. He is punishable with imprisonment for that offence for a term upto one-fourth of the longest term.
  3. Section 117 punishes abetment of commission of an offence by the public generally or by more than ten people with three years with fine.

Other punishment for abetment (Sections 118-120)

  1. If a person intending to facilitates the commission of an offence punishable with death penalty or life imprisonment for concealing or facilitating the commission of an offence.
  • If the crime is committed then the person is liable for the punishment up to seven years and fine
  • If the crime is not committed then the person is punishable with imprisonment up to three years and fine.
  1. If any public servant intending to hide a crime by any act or omission or the use of encryption or any other information hiding tool with intent to facilitate the commission of the offence.
  • Then the person is punishable with imprisonment up to one-half of the longest term provided for that offence, or with such fine as is provided of that offence.
  • And if the offence is punishable with death penalty or life imprisonment then he is punishable with imprisonment of 10 years.
  1. If any person intending to facilitate to commission of an offence punishable with imprisonment and makes any false representation is punishable. 
  • If offence is committed then imprisonment up to one fourth of the imprisonment prescribed for that offence, or with fine.
  • And if offence is not committed the imprisonment up to one-eighth of the imprisonment prescribed for that offence or fine.

Abetment Ss. 107-108 OF IPC

Abetment 

Abetment means instigate, to encourage, to help. It consists three acts laid down in section 107.

  1. Instigating a person to commit an offence. {Section 107 Clause (1)}

A person instigates the doing of a thing that instigates any person to do that thing. A person instigates the other person the doing of a thing who by willful misrepresentation or willful concealment of a material fact which he is bound to disclose. The crime of abetment is complete as soon as the abettor has incited another to commit a crime, whether the latter consent or not, and whether having consented, he actually commits the crime or not.

E.g.:- A was not armed with a stick, but B gave a general order to beat, whereupon A picked up a stick and used it. It was held that B was guilty of abetting the assault.

  1. Engaging in a conspiracy to commit it. {Section 107 Clause (2)}

Conspiracy consist the agreement of two or more persons to do any unlawful act or to do a lawful act by it is sufficient if he engages in the conspiracy. by engaging in conspiracy for committing a crime.

In one case Emp. V. Punday, (1871 3 N.W.P. 3106), the accused represented to a women who prepared herself to commit suicide in their presence, that if she were to say ‘Ram Ram’, she would become sati. The pyre was set on fire, and the women died. It was held that accused person was guilty of abetment of suicide.

  1. Intentionally aiding a person to commit it.{Section 107 Clause (3)}

The third one is abetment by intentionally aiding the doing of that thing. A person is said to aid the doing of an act that, either prior at the time of the duty of an act, does anything in order to facilitate the duty of that act and thereby facilitates the duty thereof.       

General Provisions:

  1. To constitute the crime of abetment, it is not necessary that the act abetted should be committed or that the effect requisite to constitute the crime should be caused.
  2. To constitute the crime of abetment, it is not necessary that the person abetted should be capable by law of committing a crime.
  3. To constitute the crime of abetment by conspiracy, it is not necessary that the abettor should concert the crime with the person who commits it. It is sufficient if he engages in the conspiracy and commits a crime.
  4. The abetment of the illegal omission of an act may amount to a crime, although the abettor may not himself be bound to do that act.
  5. When the abetment of a crime is an crime, the abetment of such an abetment is also an crime.

Offences against Religion Ss. 295-298

Offences against religion are described in section 295-298 on one principle that is “That every person should be allowed to profess his own religion and that no man should insult the religion of another.”

There are five provisions of the Indian penal code which deal with offences relating to religion.

  1. Section 295- Damaging or defiling, destroying any place of worship, or any object( not animate object it refers inanimate object like churches, temples or any stone marble which represent god)  held sacred by any class of persons, with intent to insult the religion of any class of person. Person is punishable with imprisonment of two years or fine or both.
  2. Section 295A – Deliberately or maliciously hurt the religious feeling of any class of citizens of India by words, by spoken or written or by signs or by  any visible marks, or otherwise insulting the religion or the religious beliefs of that class. Punishment for this offence is imprisonment for three years or fine or both.
  3. Section 296 – voluntarily causing disturbance to any assembly lawfully engaged in the performance of religious worship or ceremony. The person for this offence is punishable for imprisonment for one year or fine or both.

In one case, it has been held that if cows flesh is openly carried around a village in an uncovered state, with the intention of hurting the feelings of the Hindus of that village, it would be an offence [Rahaman, (1893) 13 AWN 144]

  1. Section 297 – trespassing in a place of worship or any burial place or offering any indignity to a corpse, or disturbing a person performing funeral ceremonies with intent to insult the religion or hurt the sentiments of any person or with the knowledge that the feelings of any person are likely to be wounded.
  2. Section 298 – uttering any word or making any weird sound, in the hearing of any person, or making any gesture or placing any object in the sight of any person deliberately wounding his religious feelings. Intention must be deliberate. Intention may be come with acts or words.

In one case The Allahabad High Court gives judgment certain Hindus present at a caster dinner were parking of the food, when other members of the caste came and told them to move to another place. When they refused to do so, a shoe was thrown at those who were eating. The court held that the person who threw the shoe was not guilty under section 298 of the code.

Agreement without Consideration (S.25)

Usually without consideration a contract is not valid, but there are exceptions too.

These are the exceptions:

1. Case of natural love and affection: (S.25(1)) If an agreement is made without consideration, it can be valid if

a. Parties are very closely related

b. Due to love and affection

c. Registered

d. In writing

Example: (Venkataswamy Vs Rangaswamy) In love and affection the elder brother, promised to clear the debts of his younger brother. The agreement was in writing and it was registered. It was held by the court that the elder one was liable to the creditors.

2. Past voluntary service: (S.25(2)) A promise to compensate wholly or in part a person who has already voluntarily done some thing for the promisor is enforceable. In other words a promise to pay for a past voluntary service is binding.

Example: A finds B’s book and gives it to her and B promises to pay A Rs. 100. In so doing, there is a valid contract in such cases, although A’s act was voluntary.

3. Payment of a time-barred debt: (S.25(3)) A promise to pay a time barred debt is enforceable. The promise should be in writing. It should be signed by the promisor or by his agent generally or specially authorized in that behalf. The promise may be to pay the whole or any part of the debt. The debt must be such of which the creditor might have enforced payment but for the law for the limitation of suits. As per Balkrishna v. Jayshankar, promise to pay time barred debt has to be an express promise to pay, and not merely an implied promise.

4. Gift actually made: (S.25 Explanation 1) For validity of a gift, which is not an agreement, does not require a consideration. The provision as to consideration does not affect, as between donor and the donee, the validity of any gift which has actually been made.

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