crimes case laws

Law

indian caselaws for BNS

Sample Data

Front Abhyanand Mishra v. St of Bihar
Back A applied to Patna Uni for permission to appear at M.A. English exam as a private candidate representing that he was a graduate having completed his B.A degree. Believing him, Uni gave him permission and generated admission card. it was later found out that A was neither a graduate nor a teacher as represented by him and had been de-barred from taking uni exams fr a certain no. of years.held - the moment he commences to do an act with necessary intention, attempt is commenced.
Front RIT Foundation v. UOI 2022
Back facts - multiple petitions challenged exception 2 of section 374 IPC, which states that sexual intercourse by a man with his own wife, who is not under the age of 18, is not rape. Petitioners argued that this marital rape exception (MRE) violates fundamental rights of married women under articles 14,15,19,21. Respondaents contended that striking down MRE would destabilise marriage, that issues of consent within marriage are for the legislature.held - Shakdher J held the Marital Rape Exception unconstitutional for violating women’s autonomy and equality, Hari Shankar J upheld it as a legitimate legislative classification essential for preserving marital privacy and conjugal expectations. v.imp case, need to know whole thing
Front priya patel v. state of MP
Back accused met priya at station and told that her father asked him to pick her up. since she had fever she went with him to his house, got raped. when this was going on, his wife reached there. not listening to her beggings, the wife slapped her, closed the door and left the place of incident.held - act must have common intent, but here woman cannot commit rape, so not joint liability
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