Section 328 of IPC ; HC Explains the Important Features of the Provision

Section 328 of IPC ; HC Explains the Important Features of the Provision

An important Judgment was passed by Hon'ble Delhi High Court on 1 February 2010. 

It has been commented in Mukesh Chand v State (Govt of NCT of Delhi) [2010] GCtR 2969 (Delhi) thus : - 

"It is well settled that in order to prove Section 328 IPC, the prosecution is required to prove that the substance in question was a poison."

Kindly note that full text Judgments of Hon'ble Delhi High Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

https://delhihighcourt.nic.in/judgment

Then entering the date of Judgment, for example, as  1 February 2010.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.  

S.328 of IPC : Principles for Conviction

 S.328 of IPC : Principles for Conviction 

An important Judgment was passed by Hon'ble Delhi High Court on 9 May 2017.

It has been commented in Mahinder Kumar v State [2017] GCtR 2968 (Delhi) thus: - 

"No witness is entitled to get better treatment merely because he was examined as a prosecution witness or even as a court witness. It is judicial scrutiny which is warranted in respect of the depositions of all witnesses for which different yardsticks cannot be prescribed as for those different categories of witnesses."

"in a case under Section 328 IPC mere oral assertions are not sufficient to hold an accused guilty of the offence. To hold an accused guilty for the offence, the oral assertions ought to be corroborated by other circumstances and evidence."

Kindly note that full text Judgments of Hon'ble Delhi High Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

https://delhihighcourt.nic.in/judgment

Then entering the date of Judgment, for example, as  9 May 2017.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.