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Sixthly —Fine. Construction of reference to transportation. Commutation of sentence of death. Commutation of sentence of imprisonment for life. Sentence of Europeans and Americans to penal servitude.
Proviso as to sentence for term exceeding ten years but not for life. Fractions of terms of punishment. Offenders sentenced to transportation how dealt with until transported.
Transportation instead of imprisonment. Sentence may be in certain cases of imprisonment wholly or partly rigorous or simple. Sentence of forfeiture of property. Amount of fine. Sentence of imprisonment for non-payment of fine. Description of imprisonment for non-payment of fine. Imprisonment for non-payment of fine, when offence punishable with fine only. Imprisonment to terminate on payment of fine. Termination of imprisonment on payment of proportional part of fine.
Here, if seventy-five rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged.
If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. Fine leviable within six years, or during imprisonment—Death not to discharge property from liability. Limit of punishment of offence made up of several offences. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow.
But he is liable only to one punishment for the whole beating. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which. Solitary confinement. Limit of solitary confinement. Act done by a person bound, or by mistake of fact believing himself bound, by law.
Illustrations a A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence. Act of Judge when acting judicially. Act done pursuant to the judgment or order of Court. Illustration A sees Z commit what appears to A to be a murder. A has committed no offence, though it may turn out that Z was acting in self-defence.
Accident in doing a lawful act. Illustration A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.
Act likely to cause harm, but done without criminal intent, and to prevent other harm. Illustrations a A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down to boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear.
Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.
He does this with the intention in good faith of saving human life or property. A is not guilty of the offence. Act of a child under seven years of age. Act of a child above seven and under twelve of immature understanding. Act of a person of unsound mind. Offence requiring a particular intent or knowledge committed by one who is intoxicated.
Act not intended and not known to be likely to cause death or grievous hurt, done by consent. Illustration A and Z agrees to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence. Act done in good faith for benefit of child or insane person, by or by consent of guardian. Consent known to be given under fear or misconception.
Exclusion of acts which are offences independently of harm caused. Illustration Causing miscarriage unless caused in good faith for the purpose of saving the life of the woman is an offence independently of any harm which it may cause or be intended to cause to the woman. Illustrations a Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. People below hold out a blanket. Here, even if the child is killed by the fall, A has committed no offence.
Communication made in good faith. The patient dies in consequence of the shock. Act to which a person is compelled by threats. Explanation 1. Explanation 2. Act causing slight harm. Things done in private defence. Right of private defence of the body and of property. Right of private defence against the act of a person of unsound mind, etc.
Illustrations a Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. Here Z, by attacking A under this misconception, commits no offence. Acts against which there is no right of private defence.
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities. Extent to which the right may be exercised. When the right of private defence of the body extends to causing death. When such right extends to causing any harm other than death. Commencement and continuance of the right of private defence of the body. When the right of private defence of property extends to causing death.
Uttar Pradesh. Commencement and continuance of the right of private defence of property. The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.
Right of private defence against deadly assault when there is risk of harm to innocent person. Illustration A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.
Abetment of a thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Illustrations a A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.
Explanation 3. Illustrations a A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.
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Unnatural Offences Sodomy - Section [ edit ] Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. The Bench said: "We hold that Section does not suffer from Naz Foundation is overruled.
Indian Penal Code