Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Section 352 IPC - Definition and Penalty: Section 352 of the Indian Penal Code pertains to the punishment for assault or criminal force otherwise than on grave provocation. The offense involves using force or assaulting another person without a valid reason, with penalties including imprisonment up to three months, a fine up to Rs. 500, or both. Sources: GOURAV VOHRA vs SRI BABUL CHANDRA BHADRA - Gauhati, HAMBARDYA @ HAMBARDE NANSHA KALE vs THE STATE OF MAHARASHTRA - Bombay
Application in Cases: Several cases demonstrate the application of Section 352 IPC, including charges for assault or criminal force in various contexts such as personal disputes, public altercations, and harassment cases. Courts have found prima facie evidence of offense under Section 352 when the accused's actions involve physical force or assault, leading to framing of charges and conviction. Sources: GOURAV VOHRA vs SRI BABUL CHANDRA BHADRA - Gauhati, HAMBARDYA @ HAMBARDE NANSHA KALE vs THE STATE OF MAHARASHTRA - Bombay, RAMSWAROOP SINGH AND ANOTHER vs State of U.P. AND ANOTHER - Allahabad
Penalties and Sentencing: The typical punishment involves imprisonment for up to three months, or a fine, or both, depending on the severity and circumstances of the case. Courts have also imposed fines ranging from Rs. 300 to Rs. 10,000, with imprisonment in default of fine. Sources: HAMBARDYA @ HAMBARDE NANSHA KALE vs THE STATE OF MAHARASHTRA - Bombay_HC_HCBM030121582021, GOURAV VOHRA vs SRI BABUL CHANDRA BHADRA - Gauhati
Compoundability of Offense: Offenses under Section 352 IPC are generally considered compoundable, allowing parties to settle the matter out of court, which influences case proceedings and disposal. Sources: Lobsang Penjor and 8 Ors vs THE STATE OF AP - Gauhati
Legal Proceedings and Judgments: Courts have emphasized the importance of establishing prima facie evidence to proceed with charges under Section 352. Cases have been quashed or charges framed based on the evidence of assault or use of criminal force, with courts analyzing whether the act constitutes an offense under this section. Sources: SOMDUTT AND 2 OTHERS Vs State - Allahabad, Lobsang Penjor and 8 Ors vs THE STATE OF AP - Gauhati, MUTHUKRISHNAN vs THE STATE OF TAMIL NADU, - Madras
Analysis and Conclusion: The main points indicate that Section 352 IPC covers acts of assault or criminal force short of grave provocation, with penalties up to three months imprisonment or fine. Its application is broad, encompassing various forms of physical force in disputes and harassment cases. The offense is often found to be compoundable, facilitating settlement. Courts rely on prima facie evidence to frame charges or dismiss cases, and penalties vary based on the severity of the act. Overall, Section 352 IPC serves as a key provision for addressing minor assault and criminal force cases in Indian law.
Somdutt and others) arising out of case crime no. 672 of 2020 under Sections 352, 324,504, 506, 307 IPC, Police Station - Tappal , District -Aligarh is hereby quashed. 12. ... Record shows that first informant/opposite party-2 lodged an F.I.R. dated 01.12.2020, which was registered as Case Crime no. 672 of 2020 under Sections 352, 324,504, 506, 307 IPC, Police Station - Tappal , District -Aligarh. ... Somdutt an....
Case No. 28/2017, registered under Sections 147/149/323/352 of the IPC and investigated the same. The investigation culminated in submission of Charge-sheet against 8 accused persons under Sections 147/149/323/352 of the IPC. ... , Shri Sanju Nikhangju, Shri Khyoda Mark and Shri Sunil Dorshi to stand trial in the Court under Sections 147/149/323/352 IPC. ... It also appears that the off....
Case No. 866/2020 under Sections 120(B)/447/352/506/188/34 IPC was registered. ... Case No. 866/2020 under Sections 120(B)/447/352/506/188/34 IPC, to conclude the investigation of Silchar P.S. Case No. 866/2020 under Sections 120(B)/447/352/506/ 188/34 IPC, if not already concluded. ... Case No. 866/2020 u/ss. 120(B)/188/447/352/506/34 IPC properly and....
, 452, 323, 504 IPC. ... , 452, 323, 504 IPC against the petitioners, summoning order dated 24.12.2021 passed in Complaint Case case, the trial court summoned the petitioners under Sections 352 ... as prima facie offence under Sections 352
The particulars of offence u/s 352 IPC stated to the accused to which accused pleaded not guilty. ... Section 352 of the IPC reads as follows: “Punishment for assault or criminal force otherwise than on grave provocation. ... Case No. 318/2008 under Section 352 of the IPC, which order is as under: “Complainant is present ... Case No. 318/2008, in the considered view of this Court, indic....
Section 304 of IPC, therefore, came to be invoked. ... 10-BA.352-21.odt under Sections 147, 148, 324, 323, 504 and 304 read offences punishable under Sections 147, 148, 324, offences under Sections 147, 148, 324, 323 and 504 and 304 read with Section 149 of the Indian
of 2016 417, 376 IPC and Section 4 of DP Act. ... 4/15 https://www.mhc.tn.gov.in/judis Crl A No.352 of 2016 A3 Section 294(b) IPC & Section 4 of D.P.Act Not found ... ANAND VENKATESH Crl A No.352 of 2016 Rajasekaran ..Appellant / 1st Accused Vs. ... As against the accused 2 & 3, charges have been framed for the offence under Sections 294(b) IPC and Section 4 of DP Act. ....
352 and 506 read with Section 34 IPC from Gram Panchayat, Bum to the Court, otherwise there can be conflicting judgments. ... Additional Chief Judicial Magistrate, Ghumarwin, District Bilaspur, whereas cross FIR No.128 of 2017 dated 22.11.2017 qua the same incident was lodged by respondent –petitioner and police after having completed the investigation filed the challan under Sections 447, 352, 506 read with Section 34 IPC....
Both Accused convicted U/s.352, 506(i) IPC and each accused sentenced U/s.352 IPC to fine Rs.300/- idsi for 1 week sentenced U/s.506(i) IPC to fine Rs.500/- idsi for 1 week fine for each accused Rs.800/-.” ... Copies furnished substance of accusation U/s.352, 506(i) IPC explained to. Accused pleased guilty. ... Further, there was a counter complain....
The conviction under Section 352 of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act , 2002, is upheld. ... On her complaint, the respondent police filed a final report against the accused for offences under Sections 294(b), 352, 506 (i) of IPC, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act , 2002. ... After considering all documentary and oral evidence, the learned Tria....
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