Section 506 of IPC

SECTION 506 OF IPC AND 504 OF IPC | EXPLANATION

SECTION 506 OF IPC AND 504 OF IPC EXPLANATION

Hey, This is Rohit, and today we will talk about Section 506 of IPC and Section 504 of IPC. First of all I have stated the Section which is given in the Indian Penal Code and then I have explained each section in easy language. The section talks about the Criminal Intimidation. (In Hindi it means DHAMKI or DHAMKANA kisi ko)

Section 503 in The Indian Penal Code

  1. Criminal intimidation.—Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation.—A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.

EXPLANATION

 Criminal intimidation or Section 502 and 504 of IPC is non-cognizable offence and it is bailable offence – Criminal Itimidation is defined under section 503 of Indian Penal Code. The question arises here that what is Criminal Intimidation – If someone threatens to do something unpleasant to you, or if they threaten to harm your property or they say or imply that they will do something unpleasant to your reputation, then it will be considered as criminal intimidation.

SECTION 504 OF IPC

Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

EXPLANATION

It means that if any person insult another person intentionally or he force another person to do any crime then he will be liable under section 504 of IPC. In easy words if some one knows that if I insult that person in then he will react and commit crime then the person who is insulting other person will be held liable under section 504 of IPC

PUNISHMENT FOR INSULT AND CRIMINAL INTIMIDATION

Section 506 in The Indian Penal Code

  1. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

 EXPLANATIONThe punishment for criminal intimidation ( Section 504 of IPC and Section 503of IPC Punishment) is defined under section 506 of Indian Penal code (IPC) in which for criminal Intimidation the punishment will be for two years but if someone giving threaten to kill you or to burn your house or to do grievous hurt then under section 506 of IPC the punishment will be for seven years.

But there is one problem with this section. People miss use the section 506 of IPC. Police receive many fake complaint of criminal intimidation. Lot of cases are already pending in courts and this section is one of the reason.

 IT IS A NON-COGNIZABLE OFFENCE AND IT WILL TRY BY ANY MAGISTRATE

Also Read:-

RAPE SECTION OF IPC 376, 375 | MARITAL RAPE | PUNISHMENT

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IPC 376 RAPE

RAPE SECTION OF IPC 376, 375 | MARITAL RAPE | PUNISHMENT

What is IPC 376, 375 | RAPE | PUNISHMENT | LIVING RELATIONSHIP CASE

BEFORE STARTING WITH THE EXPLANATION I WILL TELL ABOUT THE RAPE STATS OF INDIA.

RAPE STATS IN INDIA

    • According to the  (NCRB) 2013 annual report, 24,923 rape cases were reported across India in 2012 that means 24923 cases were registered under IPC 376 section.

NUMBER OF RAPE REGISTERED IN INDIA YEAR

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

REGISTERED RAPE

1948

20737

21467

21397

22172

 24923

 33707

36735

34210

38947

WHAT IS SECTION 376 IPC- RAPE SECTION OF IPC 376

Rape against any women comes under one of the heinous crime in India. This type of act done by any person will have to face harsh punishment. If any person has done Rape, then under section 376 of IPC he will be punished by the court.

First of all, we will talk about section 376 of IPC. Any person who has done rape with any female then under IPC 376, he will be prosecuted. If the offence is proved then minimum punishment he will get is 7 years of Imprisonment and the maximum sentence is 10 years of imprisonment but now it has changed to death also. It depends on the heinousness of the crime committed by the offender and the court can also impose fine.

Marital rape is also coming under IPC 376 where if any husband has done rape with his wife then he will also be punished under section IPC 376. Minimum sentenced for marital rape is 2 years of imprisonment and court can also impose fine. If the court find any reasonable facts or evidence then the court can reduce the punishment.

ACCORDING TO SECTION 375 OF INDIAN PENAL CODE

 A man is said to commit “rape” if he-—

  1. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
  2. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
  3. manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any ~ of body of such woman or makes her to do so with him or any other person; or

applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:— First.—Against her will. Secondly.—Without her consent.
What is section 375 of IPC EXPLANATION

 Section 375 OF IPC give the definition of rape. When any person without taking consent or by using power or by any threat or he pretend as his husband or by mixing any drugs in her drink or he taands benefit of her unsound mind and, if he does sex then the act is called as Rape in Hindi its called Balatkar. If the female is under 16 years then consent or without consent will be treated as Rape. If the act is done completely or partially then it is called also rape.

This section is divided in various category which is Section 375, 376, 376a, 376b, 376c, 376d.

Section 375(2) if any Government Officer or Police officer cannot use their power to do sex with her Junior female officer or any female who is working under him or any female who is in custody. If he is miss using his power for full feeling his own sexual need then it will also be treated as Rape. Section 375(2) is also applicable to Hospitals, Jail and Government offices. Under section 375 every person who is violating this section will be punishable of minimum 10 years of imprisonment.

ALSO READ – WHAT IS SUMMONS

Now we will talk about, what if any girl do sex with her Consent? Will it come under Rape (balatkar) or Not?

I will discuss two cases which will explain this point:-

A girl from Bombay having 2 years of relationship with a boy. After 2 year the boy broke the relationship with the girl. After the breakup, girl sues him that he promised to marry with her and because of this promise she gave her consent to do sex. But in this case Bombay high court said that the girl is well educated and mature. She know about physical relationship. So, she cannot put Rape Charges on him as there is a consent behind sex.

Further, The High Court of Bombay pronounced that if a girl who is 18 years old and having a relationship and doing sex with her consent and then she cannot put rape charges after the breakup. If the girl is not giving her consent but doing sex then it will also be taken as her consent and further, she cannot put rape charges on his partner.

RAL STORY OF TWO LOVE BIRDS

  • A boy and a girl are in love with each other from last 3 years
  • They were staying together.
  • After a few months, the girl asks to do marriage but boy refuse to do that and told her that he is not eligible now because he is not earning so much.
  • He also gave much reason which is not admissible but the girl has to except because she doesn’t have an option.
  • Now she returned back to home and told all the story to his parents.
  • By taking consent of his parent she sues the boy in the court and put rape charges on him.
  • The boy files an appeal in the High court to save from punishment.
  • He told in the High court that he is ready to marry with the girl but court refuses his words and told that, you are marring to save yourself from the punishment which is not admissible reason.
  • Court put rape section which is section 375 of IPC, “IPC 376”.

HERE IS THE VIDEO FOR YOU WHO WANT TO KNOW ABOUT RAPE IN HINDI OR SECTION 376 IN HINDI

ALSO READ:-

SECTION 125 OF CRPC

CODIFICATION OF LAW

WHAT IS ARREST WARRANT

ARTICLE 18 OF INDIAN CONSTITUTION

HOW TO FILE CONSUMER COMPLAINT

CONCLUSION

I HAVE  EXPLAINED ALL ABOUT RAPE AND IF YOU WANT TO KNOW MORE THEN COMMENT DOWN BELOW OR IF YOU WANT TO ADD SOMETHING THEN CONTACT US AT [email protected]

COGNIZABLE OFFENCE

Meaning of cognizable offence and Non Cognizable offence | Difference

The Meaning of Cognizable offence is given in section 2 (c)of Criminal Procedure Code whereas the non-cognizable offenses are given in section 2 (I) Criminal Procedure Code.

 

Non-cognizable offence are those offences in which police can arrest anyone without a warrant. If police get any information about cognizable offence then police immediately file an FIR and start investigating about the offence, if police found any evidence against the culprit or have any doubt on any person then police will arrest him without warrant cognizable offence are generally serious in nature which include murder, rape, dowry death etc. In this type of cognizable offence police don’t have to take permission from higher authority and FIR and Investigation is also not required. In cognizable offence police has a power to arrest any person in appreciation of doubt. They can arrest without filing FIR or warrant.

 

In non-cognizable offence police cannot arrest any person without a warrant. They have to take warrant from appropriate authority and after taking the authority then the police can arrest. Non-cognizable offence are less serious in nature like cheating, fraud, hurt etc. As soon as police know that any Non cognizable offence had taken place, then he will not file any FIR he write the matter in GR Diary and he arrest the offender and present him before the court.

People of state also have the power to complain about non cognizable offence. So,We can also complain about non cognizable offence directly to the Judicial Magistrate. After reading our complain and hearing from the evidence which we have presented before the court, if judicial magistrate feels that this is true, then Judicial magistrate can take cognizance of the offence and order opposite party to present before the court and if Judicial magistrate finds that there is requirement of investigation then he can order appropriate police station to investigate on the matter and present the charge sheet in the court as soon as possible. In non cognizable offence police cannot investigate without the permission of court, they cannot arrest without the permission of the court.

DIFFERENCE BETWEEN COGNIZABLE AND NON COGNIZABLE OFFENCE

Difference between cognizable and non cognizable

POWER TO INVESTIGATE NON COGNIZABLE OFFENCE

 

When a police officer receives about commission of non cognizable offence within the territory of his police or within the jurisdiction of his police station then police office will write the substance in a book which is maintained in a form notified by the appropriate government and the police office will concerned the Magistrate about commission of  such non cognizable offence or about the information which is received by the information. Subsection 2 to 155 of crpc puts a bar on the powers on the police officer to investigate non cognizable offence. It states that no police officer shall investigate the non cognizable offence without the order of the magistrate.

 

There is exception to the bar that when the police officer has a direction or order of the magistrate then the police officer exercise the power to investigate to non-cognizable offence. Subsection 3 to section 155 of crpc, states that a police officer investigated a non cognizable offence shall have the same power as that have a police officer investigating the non cognizable offence. Except that the police officer investigating the non cognizable offence shall not have power to arrest without warrant.

(Also read:- What is Warrant)

Types of cognizable offence and non-cognizable offence

Here are some cognizable offence example

Murder, Robbery, Theft, Rioting, Counterfeiting etc. are some examples of cognizable offences.

Here are some Non-cognizable offence examples which include Public Nuisance, Causing Simple Hurt, Assault, Mischief etc. The Police cannot register criminal cases or cause arrests with regard to non-cognizable offence. In all such cases, the Police have to take permission from a magistrate for registration of a criminal case.

Also Read:-

(What is summons)

(what is False Imprisonment)

Cognizance of offence

Cognizance of offence means to take consideration or to consider the matter by the magistrate. Now the matter is to the magistrate and magistrate take cognizance means

Magistrate take in cognizance which means magistrate taken in his custody the case and now whatever the police will anyone will do or have to do after the direction of the magistrate. So whatever the police did or whatever happened in the case whether by the complaint by the police report or sumo to it came in knowledge of the magistrate. Cognizance offence in simple words it means that magistrate will take matter to himself that will give the direction for such matter.

List of bailable and non bailable offence

AbetmentDepends on the offence
Criminal conspiracy to commit an offence punishable with deathDepends on the offence. E.g. for Punishment for murder, Non-bailable
Waging or attempting to wage war, or abetting the waging of war, against the Government of IndiaNon-bailable
Sedition.Non-bailable
Abetting mutiny or attempting to seduce a soldier, sailor or airmanNon-bailable
Wearing soldier’s garb, sailor, airmanBailable
Punishment for unlawful assemblyBailable
Owner or occupier of land on which unlawful assembly is heldBailable
Being hired to be part of unlawful assembly or riotBailable
Public servant disobeying direction under lawbailable
Public servant framing incorrect documentBailable
Absconding to avoid service of summonsNon bailable
Furnishing false informationBailable
False statement on oath to public servants

 

 

Bailable
Disobedience to order duly promulgated by public servantBailable
The threat of injury to public servantBailable
Giving false evidenceBailable
Threatening any person to give false evidence

 

 

Bailable
Giving false information respecting an offenceBailable
Fraudulently making false claim in courtBailable
Taking gift, to screen an offender from punishmentBailable
Escape from confinement or custody negligently suffered by public servantBailable
Intentionally insult or interruption to public servant sitting in judicial proceedingBailable
Counterfeiting Indian coinNon bailable
Import or export of counterfeiting Indian coinNon bailable
Fraudulently diminishing weight of coinNon bailable
Negligent act likely to spread infectious disease dangerous to lifeBailable
Adulteration for food or drink intended for saleBailable
Adulteration of drugNon bailable
Misconduct in public by drunken personBailable
Word, gesture or act intended to insult the modesty of a womanBailable
Criminal intimidationBailable
Punishment for DefamationBailable
Husband or relative of husband of a woman subjecting her to crueltyNon bailable
Enticing or taking away or detaining with criminal intentBailable
Marriage ceremony fraudulently gone through without lawful marriageBailable
Marrying again during lifetime of husband or wifeBailable
Marriage ceremony fraudulently gone through without lawful marriageBailable
Marrying again during lifetime of husband or wifeBailable
Possession of forged currency notes or banknotesBailable
Counterfeiting currency notes or banknotesNon bailable
Falsification of accountsBailable
ForgeryBailable

 

CONCLUSION:-

I have given my 100% in this article. i have tried each and everything to convey you about cognizable offence. if i have not mention then please let me know in the comment box, that will be really helpful for me. A cognizable offence is not so small topic its really a huge topic so it is very difficult to describe each and everything but i have tried my level best.

IF YOU HAVE ANY QUESTION OR QUERY THEN PLEASE COMMENT DOWN BELOW.

SECTION 125 OF CRPC

Section 125 of CrPC Talks about Maintenance Of Child, wife, Parents

SECTION 125 OF CRPC

Section 125 of crpc provide for a fast and effective,  It provides a remedy against those persons who refuse to maintain their dependent wives, children and parents. Though the subject matter of Section 125 of crpc is civil in nature. The primary justification for their inclusion in the Criminal Procedure CodeSection 125 provides remedy, not punishment. The person who wants to claim maintenance has to claim under this act

Maintenance Under Section 125 CrPC and Domestic Violence Act :-

    • It is applicable to those persons belonging to all religions and has no relationship with the personal law of the parties.
    • It may also be noted that as the exercise of the powers to grant maintenance is of a judicial character, only Judicial Magistrates of the First Class have been empowered to deal with such matters of maintenance.
    • Sections 125-128 provides a self-contained speedy procedure for a man to maintain his wife, children and parents. Though the relief given under this act 125 is essential of a civil nature.
    • The findings of the magistrate are not final and the parties can legitimately agitate their rights in a civil court even after the order of the magistrate.
  • The amount of maintenance under section 125 of crpc will be decided on the basis of the living before the separation and income of the husband.

WHICH WIFE CANNOT CLAIM MAINTENANCE UNDER SECTION 125 OF CRPC

    1. If she had remarried to someone else then she cannot claim for maintenance under section 125 of crpc.
    1. If she is practicing adultery.
    1. she has sufficient means to maintain herself.
    1. she refuses to stay with her husband without any sufficient cause.
  1. there is a separation due to mutual consent.

WHAT DO YOU MEAN BY UNABLE TO MAINTENANCE HERSELF UNDER SECTION 125 CRPC

The lifestyle or status before separation. She should get maintenance to enjoy the same lifestyle or status after separation. If the wife is not sufficient to maintain herself, then the husband is liable to provide maintenance.

A person entitled to claim maintenance under  Sections 125 of CrPC

  • wife
  • legitimate or illegitimate child
  • legitimate or illegitimate abnormal child who has attained majority
  • father or mother

His wife 

The term ‘wife’ appearing in “Sections 125 of CrPC’ means only a wedded Wife.

The fact of the parties have lived together as husband and wife for a long time would be relevant to raise only a presumption in law of their being husband and Wife.

However, such a presumption is rebuttable on the proof of the invalidity of the marriage.

The consideration of the other provisions of Section 125 of CrPC would strengthen the above View. firstly, the section while specifically providing for both legitimate and illegitimate claims of their wives by just divorcing them under the above said personal law.

Section 125 of CrPC applies both to women who have been divorced before or after the new Code came into force. Under section 125, a present right has been conferred in relation to a past event and it will not make the section retrospective.

Apart from that, the section is both remedial and beneficial in character and in such circumstances, it is the duty of the judge to construe it in such a manner as to suppress the mischief and advance the remedy.

His legitimate or illegitimate child:

If the child is minor it is immaterial whether it is married or not. For the purposes of this chapter, Explanation (a) to Section 125 of Crpc clause (1) defines minor as meaning “a person who, under the provisions of the Indian Majority Act, 1875, is deemed not to have attained his majority”.

The child may be male or female. A minor married girl may be entitled to claim maintenance from her husband or her father (or may be from both) provided the other necessary conditions are satisfied.

A Muslim father’s obligation like that of a Hindu father, to maintain his minor children as contained in Section 125 is absolute and is not at all affected by Section 3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

His legitimate or illegitimate abnormal child who has attained majority:

Where such child is by reason of any physical or mental abnormality or injury unable to maintain itself. However a married daughter is not entitled to maintenance under Section 125 if she has attained majority. In such cases the responsibility of maintaining her is that of the husband and not of the father. His father or mother:

It is not quite clear from the section whether father or mother will also mean the adoptive father or mother or stepfather or stepmother. According to Section 3(20) of the General Clauses Act, 1897, the word ‘father’ shall include an adoptive father and though the term ‘mother’ has not been similarly defined, it has been held that the term ‘mother’ includes ‘adoptive mother.

Interim maintenance under section 125 crpc:-

Interim maintenance means the maintenance which is provided to the wife, children and parents in the course of court proceedings.

While the suit is going on, the husband has to pay interim maintenance to the wife for fulfillment for her basic needs. She should get maintenance because she can survive and fight the case with full power.

If she has a child then she also gets maintenance for his children also.

Application for maintenance under section 125 of Crpc.

The application of maintenance can be filled to the magistrate and you can give an application for this. After that you will be given a date of hearing. On that date, you have to appear before the court and the opposite party also have to appear before the court on the same date.

Also Read-

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India Article 25 of Indian Constitution

CODIFICATION OF LAW

 RAPE SECTION 276 IPC

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