AI Overview...
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Section 401 and Previous Convictions - To prove an offense under Section 401 of the Indian Penal Code (IPC), evidence must establish both association with the accused and previous convictions related to the offense, such as theft or dacoity. The presence of prior convictions can influence the severity of sentencing and the strength of the case Mankura Pasi VS Queen-Empress - Calcutta, AMDU MIYAN VS EMPEROR - Nagpur, Gomathi vs The State Represented by The Inspector of Police, Kumbakonam, West Police Station, Crime No.1197 of 2021 - Madras.
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Role of Prior Convictions in Legal Proceedings - Evidence of previous convictions, including for similar offenses like theft or dacoity, is admissible and can be used to substantiate current charges or enhance sentences. Courts consider such evidence relevant, especially in cases involving habitual offenders AMDU MIYAN VS EMPEROR - Nagpur, Gomathi vs The State Represented by The Inspector of Police, Kumbakonam, West Police Station, Crime No.1197 of 2021 - Madras.
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Legal Precedents and Judicial Interpretation - Courts have clarified that proof of previous convictions is necessary for establishing habitual nature and for certain procedural aspects under Section 401. The courts also recognize that the number of prior convictions required depends on the context and the nature of the offense Ashok Kumar VS State of U. P. - Allahabad, Shankar Lal Singh VS Shri Lachhaman - Crimes.
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Use of Section 401 in Revisions and Appeals - Under the Criminal Procedure Code, Section 401 is invoked in revisional powers to set aside convictions or to review cases involving habitual offenders. The courts have held that previous convictions can be a basis for revising or confirming judgments, but a conviction cannot be directly converted into an acquittal solely based on prior convictions Shankar Lal Singh VS Shri Lachhaman - Crimes, Gandi Doddabasappa @Gandhi Basavaraj VS State of Karnataka - Supreme Court.
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Additional Insights - The evidence of prior convictions is also relevant in cases involving licensing, animal keeping, or other specific statutory requirements, where prior convictions or character evidence influence legal decisions G. Arun Prasanna VS Elango - Madras.
Analysis and Conclusion
Section 401 of the IPC pertains to habitual offenders and requires proof of association and previous convictions to establish the offense. Courts generally consider prior convictions as relevant evidence that can influence sentencing and the adjudication process. There is no fixed number of previous convictions necessary; rather, the relevance depends on the case context. Evidence of prior convictions is admissible and often pivotal in cases involving repeated offenses or habitual offenders, and it plays a significant role in revisionary and appellate proceedings.
References: - Mankura Pasi VS Queen-Empress - Calcutta - AMDU MIYAN VS EMPEROR - Nagpur - Gomathi vs The State Represented by The Inspector of Police, Kumbakonam, West Police Station, Crime No.1197 of 2021 - Madras - Ashok Kumar VS State of U. P. - Allahabad - Shankar Lal Singh VS Shri Lachhaman - Crimes - Gandi Doddabasappa @Gandhi Basavaraj VS State of Karnataka - Supreme Court - G. Arun Prasanna VS Elango - Madras
Search Results for "Indian Penal Code s 401 is Number of Previous Conviction Necessary"
1899 0 Supreme(Cal) 135 • India - Calcutta
PRINSEP, HILL
Some of them had previous convictions for theft and were required to furnish security for good behavior. ... Association - Habitual Theft - Penal Code Section 401 - The court held that to prove an offense under Section 401 of the Penal ... Ratio Decidendi: To prove an offense under Section 401 of the Penal Code, there must be proof of association and proof that ... However suspicious the circumstances in this case....
1936 0 Supreme(Nagpur) 165 • India - Nagpur
GRUER
Indian Penal Code - Conviction under Section 401 - Summary of Acts and Sections: Indian Penal Code, Section 401; Evidence Act, ... Fact of the Case: This is a joint appeal by 14 parsons convicted under Section 401 of the Indian Penal Code for being ... Emperor, 1925 AIR(Cal) 872 in which it was recognized that evidence of previous convictions of dacoity and of orders under Section 110, Criminal Procedure Code, is admissible for th....
2025 Supreme(Online)(MAD) 15884 • India - High Court of Madras
K.K.RAMAKRISHNAN, J
(A) Indian Penal Code, 1860 - Section 379 - Criminal Procedure Code, 1973 - Section 397 r/w 401 - Conviction and sentence under theft ... previous convictions justified the maximum sentence imposed. ... charges - Accused were found guilty of theft from a bus, with evidence of previous offenses and modus operandi established - The ... So far as the sentence of imprisonment of maximum period of imprisonment is concerned, the learned trial judge has taken into account the previo....
2021 0 Supreme(All) 1283 • India - Allahabad
VIKAS BUDHWAR
also be verified by the learned Magistrate, regard being had to nature of allegations of case – Court are compelled to say so as a number ... 386, 401, 439, 389, 390, 391,156(3) and 154(3) - Indian Penal Code,1860 - Section 193 and 196 - Essential Commodities Act, 1955 ... Constitution of India,1950 - Article 226 - Criminal Procedure Code,1973 - Sections 154(1), 397/401, 398, ... Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. ... In....
• India - Crimes
R.P.SHUKLA
Indian Penal Code, 1860-Sections 302/ 34-Criminal Procedure Code, 1973-Section 401-Private Party Revision against order of acquittal ... against 3 accused Dismissed in limine against two - Whether in exercise of it revisional power under Section 401, Criminal Procedure ... Relying on its two previous decisions viz., D Stephens v. Nosi Btlla2 and Logendra Nath Jha v. Sri Polai Lal Hiswas3 in the case of K. Chinnaswami Reddy v. ... it cannot itself directly convert a finding of acquittal into a finding of convict....
1984 0 Supreme(All) 536 • India - Allahabad
R.P.SHUKLA
court acquitted all three accused persons on the grounds that the prosecution case was doubtful regarding the time, place, and number ... the trial court did not err in acquitting the accused persons as the prosecution case was doubtful regarding the time, place, and number ... The accused were charged with murder under Section 302 of the Indian Penal Code, read with Section 34 of the Indian Penal Code. ... Relying on its two previous decisions viz. , D Stephens v. Nosi Btlla and Logendra Nath Jha v. Sr....
2022 Supreme(Online)(KER) 27917 • India - High Court of Kerala
K.HARIPAL, J
Criminal - Assault - Cr.P.C Sections 397, 401, IPC Sections 294(b), 341, 323, 324 - The court upheld the conviction based on the ... Fact of the Case: The accused were charged with assaulting the victim based on previous animosity after a confrontation ... The appellate court upheld the conviction, indicating sufficient grounds and corroborative medical evidence. ... It is alleged that the accused persons, four in number, in furtherance of their common intention, wrongfully restraine....
2022 0 Supreme(Mad) 148 • India - Madras
D.BHARATHA CHAKRAVARTHY
(c) the offence for which the conviction was made was committed in an area in which under the law for the time being in force a licence is necessary for the keeping of any such animal as that in respect of which the conviction was made. ... In order to answer the above said questions, it is necessary to consider the law on the subject. ... (4) No order under sub-section (3) shall be made unless (a) it is shown by evidence as to a previous conviction or as to the character of the said ....
2017 2 Supreme 693 • India - Supreme Court
KURIAN JOSEPH, A.M.KHANWILKAR
it will be duty of Apex Court to decide the same irrespective of fact that accused does not want to prosecute his appeal against conviction ... Criminal Procedure Code, 1973 – Sections 386, 397 and 401 ... (A) Indian Penal Code, 1860 – Section 304, Part I – Culpable homicide ... The legislature determined, as long ago as 1872, presumably after due consideration of the pros and cons, that it shall not be necessary for proof or disproof of a fact, to call any particular number of witnesses. ... Section 13....
2023 0 Supreme(P&H) 2479 • India - Punjab and Haryana
ANOOP CHITKARA
NIA )has come up before this Court under Section 401 , Code of Criminal Procedure, (CrPC) for setting aside of judgment of conviction affirmed by appellate Court. ... State of Haryana, (1983) 1 SCC 368, Hon'ble Supreme Court, in a matter arising against the conviction under section 325 IPC, held, [5]. ... State of Tamil Nadu, [2009] 13 SCC 790, after the conviction and sentence under section 302 IPC, the deceased's family had compromised the matter with the accused. ... State of Madhya....
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