Section 298 ipc. Indian Penal Code (IPC) Section 298 2022-10-25
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Section 298 of the Indian Penal Code (IPC) deals with the offense of uttering, in the presence of the deceased person, any words or making any sound or gesture, with the intention of wounding the religious feelings of any person. This offense is punishable with imprisonment of up to one year, or fine, or both.
The section was introduced in the IPC in the year 1860 and has remained unchanged since then. It is often used to prosecute cases of hate speech and religious slurs, which are seen as offenses against the sentiments of a particular community. The section aims to protect the religious feelings of individuals and ensure that they are not hurt or offended by the actions of others.
In order to establish the offense under this section, the following elements must be proved:
The accused uttered certain words or made a sound or gesture in the presence of the deceased person.
The words, sound, or gesture were intended to wound the religious feelings of any person.
The accused knew that the words, sound, or gesture would wound the religious feelings of the person.
It is important to note that the offense under this section is committed only if the words, sound, or gesture are made in the presence of the deceased person. This means that the offense is not committed if the words, sound, or gesture are made in the absence of the deceased person.
The offense under this section is considered to be a cognizable and non-bailable offense, which means that the police have the authority to arrest the accused without a warrant and the accused cannot be released on bail unless the charges are dropped or the case is dismissed by a court of law.
In conclusion, Section 298 of the IPC serves as a deterrent against hate speech and religious slurs that can hurt the religious feelings of individuals. It is a necessary provision to ensure that individuals are able to practice their religion freely and without fear of being offended or hurt by the actions of others.
What is Section 298 IPC?
The court held Mushnooru liable for murder on the basis of S. The definition of rape has undergone changes after the 2013 amendment act. For offenders who are young enough and eligible for probation, a lengthy term of supervised probation is also a possible outcome. Motive however is relevant For example, when one feels hungry the motive is to satisfy hunger by eating. The burden of proving crime is more onerous and difficult to discharge in criminal litigation and all benefit of any doubt present in the mind of the court is reaped by the accused.
Attempt to commit robbery or dacoity when armed with deadly weapon. The State There was a dispute between two brothers. Prior to 2013 amendment, the meaning of sexual intercourse was confined to only penile-vaginal intercourse. Those possible sentences represent a rather broad spectrum of possible outcomes for offenders so a variety of sentencing factors are relevant to the ultimate sentence in any given case. Unempolyed as he was, he used to ask Chheddi for money. He was charged under the Sedition Act, convicted and sentenced to 24 months of supervised Clearly, inciting violence on the basis of race falls foul of both the Sedition Act and section 298A of the Penal Code, as well as several other provisions. Bhupinder alongwith the other accused was acting in furtherance of common intention to rape the victim, therefore the mere fact that he himself did not physically rape did not amount to innocence for the act.
Asgarali promised marriage to her and she agreed to have sexual relations with him. They are thought to be intentionally vague so as to allow courts a wide discretion in determining from all the relevant facts, what kind of activity is likely to cause disharmony, enmity, hatred, etc. Lakshmi used to take drugs and wine and used to beat his wife and mother. Therefore, the need to criminalise adultery was slowly turning redundant and it was defeating the purpose for which it was criminalised. The Indian Penal Code only punishes people who are capable of taking responsibility for their actions. After Narain fell, Alakh and Jadunandan hit Sheonandan.
It did this by undermining the validity of other religions, specifically Islam and Catholicism. Only humans are liable under the Indian Penal Code. However, a similar right was not conferred on a wife to prosecute the woman with whom her husband has committed adultery. Punishment for voluntarily causing hurt. Since many religions across the world including Hinduism, Islam, Christianity and Judaism have condemned adultery and criminalised it, the modern trend has inclined towards decriminalising it.
Indian Penal Code (IPC) detailed Notes and Study Material
Kinds of Mens Rea Intention Intention means desired objective or desire to achieve certain purpose. State of Karnataka v. Attempt Attempt is the third or the penultimate stage of a criminal offence. Emperor, 1919 42 Mad 547. The Indian Penal Code deals with bad or guilty intentions of human beings.
The Supreme Court struck down the adultery law under Section 497 IPC : Is it justified
Explanation 1 A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Nanavati was very upset but he calmed down and took his wife and children to a movie theatre. As of the date of writing, this has not yet occurred so it is unclear whether a court would find that the Nair siblings had the intention of wounding the racial feelings of Chinese people, as AGC alleged, or whether all the elements of an offence under sections 298 or 298A could be made out. Mistake of fact is a bonafide mistake in good faith along with a belief that you are also justified by law to do something. No Mens Rea + Actus Reus The decision of the court was that Palani is not liable for Murder. Therefore as intention to kill was missing, and knowledge of whether she was dead was absent — Palani was acquitted of Murder but was convicted for grievous hurt S.
If you are convicted of an offence under section 298, it will not result in a On the other hand, if you are convicted of an offence under section 298A, you may or may not have a criminal record. Enraged, he murdered both his wife and her paramour. The mental element is called Mens Rea. My name is Ankur. Murder distinguished from culpable homicide "Culpable homicide" is genus, and "murder" is the specie.
Explanation 2 It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Burden of proof in crimes The In civil litigation however the burden of proof is different than in criminal litigation. Mushnooru prepared a Halwa with a cocktail of poisonous arsenic and mercury. He had thus crossed over from preparation to attempt. Explanation 2 Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.
Section 298 IPC (Indian Penal Code): Uttering, words, etc.
State of Orissa, 1997 2 Crimes 78 Ori. This has significantly enlarged the scope of rape. HURT AND GRIEVOUS HURT Hurt S. At the instance of his friend, Pyarelal removed a file from the office of the Chief Engineer. This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working.
