Friday, July 26, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

IPC

CASE LAWSIPCLEGAL AFFAIRS

SEC 397 IPC

ISSUE – 1) Whether the contention that the firearm had not been put to use and therefore the charge under Section 397 IPC is not sustainable 2) Whether the contention that the charge under Section 397 even otherwise would not be sustainable against the appellant since there is no material or evidence to indicate that the appellant had used the firearm, even if it is held that the incident had occurred as alleged.

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CASE LAWSIPCLEGAL AFFAIRS

SEC 498A IPC

GUIDELINES – In order to ensure what we have observed above, we give the following direction: (1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC……

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