mens rea Archives

Guj HC | Will the Act of demanding repayment of money bring a case within the meaning of S. 306 IPC? HC throws light on ingredients of abetment to suicide

Gujarat High Court: Gita Gopi, J., while addressing an issue with regard to abetment to suicide held that in accordance with the ingredients

Case Briefs High Courts

Bom HC | “Easy to accuse somebody of ill-treatment after someone dies, but not wise to convict somebody based on general statements”; Every Cruelty is not an offence under S. 498A IPC

Bombay High Court: K.R. Shriram, J., while deciding the appeal filed impugning the order and judgment passed with regard to acquittal for

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Requirement of mens rea is a sine qua non for imposing a penalty on Customs Broker under Ss. 112 and 114AA of the Customs Act

Customs, Excise and Service Tax Tribunal (CESTAT): Justice P. Dinesha (Judicial Member) allowed the appeal filed by a shipping company against the

Case Briefs High Courts

Ker HC | Conviction for murder altered and appellant released as he had already undergone more detention than imposed by law

Kerala High Court: A Division Bench comprising of A. Hariprasad and A.Anil Kumar, JJ., released the appellant as no intention to commit

Case Briefs High Courts

Bom HC | Mere giving an aid does not make the act of abetment of an offence, if the person who gave the aid did not know that offence was being committed or contemplated

Bombay High Court: A.M. Badar, J. addressed the present appeal challenging the Judgment and order of the trial court by setting aside

Case Briefs High Courts

Ker HC | Mens rea on part of accused needed to initiate a proceeding for abetment of suicide – bank official denying education loan to student cannot be said to abet her suicide

Kerala High Court: R. Narayana Pisharadi, J. allowed a petition filed by bank official praying for quashing proceedings initiated against him for

Case Briefs High Courts

Del HC | Handing over of iron rod to assailant when asked for, to teach lesson to the injured, held sufficient to prove common intention developed on spur of the moment

Delhi High Court: Sanjeev Sachdeva, J. dismissed a petition filed against the order of the trial court whereby it had rejected petitioner’s application

Case Briefs High Courts

Tri HC | Mere possession of counterfeit currency not sufficient to prove commission of offence punishable under S. 489-C IPC

Tripura High Court: S. Talapatra, J. allowed an appeal against the decision of the Sessions Judge whereby the appellant was convicted under Section

Case Briefs High Courts

P&H HC | Heavy costs imposed on petitioners as a ‘deterrent measure’ for mocking Jain monk on Twitter, even where FIR against them quashed

Punjab and Haryana High Court: The Bench of Arvind Singh Sangwan J., imposed the fine on Vishal Dadlani and Tehseen Poonawala of

Case Briefs High Courts

SCC Times

mens rea

Guj HC | Will the Act of demanding repayment of money bring a case within the meaning of S. 306 IPC? HC throws light on ingredients of abetment to suicide

Bom HC | “Easy to accuse somebody of ill-treatment after someone dies, but not wise to convict somebody based on general statements”; Every Cruelty is not an offence under S. 498A IPC

CESTAT | Requirement of mens rea is a sine qua non for imposing a penalty on Customs Broker under Ss. 112 and 114AA of the Customs Act

Ker HC | Conviction for murder altered and appellant released as he had already undergone more detention than imposed by law

Bom HC | Mere giving an aid does not make the act of abetment of an offence, if the person who gave the aid did not know that offence was being committed or contemplated

Ker HC | Mens rea on part of accused needed to initiate a proceeding for abetment of suicide – bank official denying education loan to student cannot be said to abet her suicide

Del HC | Handing over of iron rod to assailant when asked for, to teach lesson to the injured, held sufficient to prove common intention developed on spur of the moment

Tri HC | Mere possession of counterfeit currency not sufficient to prove commission of offence punishable under S. 489-C IPC

P&H HC | Heavy costs imposed on petitioners as a ‘deterrent measure’ for mocking Jain monk on Twitter, even where FIR against them quashed

Madras HC | IT Department should not launch prosecution in haste since law of limitation under S. 468 CrPC is excluded

Conviction altered from Section 302 to 304 (II) IPC in absence of mens rea

‘Live link’ between the act of appellant and the act of deceased is necessary for conviction under Section 306 IPC