AI Overview...
Sec 411 IPC Latest Judgments - Summary
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Convictions and Sentences: Multiple judgments confirm that convictions under Section 411 IPC, relating to dishonestly receiving or possessing stolen property, are upheld when evidence is sufficient. Sentences vary from simple imprisonment for periods like two or three years, depending on the case (e.g., State VS Lalaram - Rajasthan, State VS Lalaram - Rajasthan, RAJINDER KUMAR VS STATE OF DELHI - Delhi).
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Appropriateness of Sentences: Courts have held that sentences awarded to accused persons such as A-2 and A-3 in relevant cases were appropriate based on the facts and evidence presented, including the nature of the stolen property and the accused's involvement (State VS Lalaram - Rajasthan).
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Proof and Evidence Requirements: The recovery of stolen articles and proof of possession are critical. Courts emphasize that recovery must be proved beyond reasonable doubt, and establishing that the property was stolen and in the possession of the accused is essential for conviction (State VS Lalaram - Rajasthan, RAJINDER KUMAR VS STATE OF DELHI - Delhi).
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Legal Principles: Courts rely on the interpretation of stolen property under Sec 410 IPC, which includes property obtained through criminal breach of trust, and emphasize adherence to procedural safeguards during searches and seizures under the NDPS and Arms Acts (Aditya Multicom Pvt. Ltd. VS State of Bihar - Patna, HIMATBHAI PETHABHAI VANKAR VS STATE - Gujarat).
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Judicial Discretion and Appeal: Several judgments reflect that appeals against convictions and sentences are considered on merits, with courts sometimes affirming or modifying sentences based on the facts and procedural compliance (State VS Lalaram - Rajasthan, RAJINDER KUMAR VS STATE OF DELHI - Delhi, Charanjit Singh Alias Channa VS State Of Punjab - Punjab and Haryana).
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Additional Insights: Cases involving detention under the National Security Act and procedural violations during searches highlight the importance of following due process, especially regarding the presence of witnesses during searches (Abdul Rashid VS State of Rajasthan - Rajasthan, HIMATBHAI PETHABHAI VANKAR VS STATE - Gujarat).
Analysis and Conclusion
The latest judgments under Section 411 IPC consistently affirm that convictions hinge on clear proof of possession or receipt of stolen property, with courts emphasizing procedural correctness and the sufficiency of evidence. Sentences are generally upheld as appropriate when supported by facts. Procedural safeguards during searches, as per statutory requirements, are critical to uphold convictions. These judgments reinforce the importance of meticulous evidence collection and adherence to legal protocols in cases involving Section 411 IPC.
References: - State VS Lalaram - Rajasthan - State VS Lalaram - Rajasthan - RAJINDER KUMAR VS STATE OF DELHI - Delhi - Subbiah alias Tiruvotiyur Subbaiyah alias Mahadevan VS The Commissioner ofPolicc, Madras and another - Madras - RATILAL AMARSHI CHAWDA VS STATE - Gujarat - Charanjit Singh Alias Channa VS State Of Punjab - Punjab and Haryana - Abdul Rashid VS State of Rajasthan - Rajasthan - Aditya Multicom Pvt. Ltd. VS State of Bihar - Patna - HIMATBHAI PETHABHAI VANKAR VS STATE - Gujarat
Search Results for "Sec 411 Ipc Latest Judgements"
2008 0 Supreme(Raj) 1199 • India - Rajasthan
DEO NARAYAN THANVI, A.M.KAPADIA
The Court held that the sentence of A-2 and A-3 for the offence under Section 411 IPC was appropriate. ... Whether the sentence of A-2 and A-3 for the offence under Section 411 IPC was appropriate? Ratio Decidendi: 1. ... Accused Bhana Ram (A-2) and Budha Ram (A-3) were convicted for the offence under Section 411 IPC and sentenced to simple imprisonment ... Kamla Devi, cousin sister of deceased Bhimnath, therefore, both accused were also booked for the offence under Sec#HL_EN....
2008 0 Supreme(Raj) 1195 • India - Rajasthan
A.M.KAPADIA, DEO NARAYAN THANVI
. 374(2); Penal Code, Sec. 411 — Appeal against conviction — Punishment of three years imprisonment — Quantum challenged to — Offence ... esa ifjofrZr fd;kA ¼in la[;k 29 o 34½ ... (b) Cr.P.C., 1973, Sec ... knowing it to be stolen — Recovery of articles not proved beyond reasonable doubt — Held — Maximum punishment for offence u/S. 411 ... property knowing it to be stolen, punishable under Sec.411 IPC, they were chargesheeted in the Court of learned CJM, Pali. ... K....
1982 0 Supreme(Del) 240 • India - Delhi
AVADH BEHARI ROHATGI
IPC to prove (i) that the stolen property was in the possession of the property before the accused, (ii) that some person ... I. for three months under sec. 392. 00 34 Indian Penal Code Rattan Lal was convicted under sec. 411 Indian Penal Code He was sentenced to RI for two years. From the order of the trial judge these four convicted persons appealed to this court against their sentence and conviction. ... ... ( 2 ) FOUR persons Rajinder Kumar, Balbir Singh, Rattan Lal and Joginder L....
1993 0 Supreme(Mad) 68 • India - Madras
SRINIVASAN, THANGAMANI
The relevant passages in the Judgment read as follows: ... "Though the grounds of detention referred to the latest criminal activity as the ground on which the detention order has been made and the earlier criminal activity is only referred to as cases in which the detenu came to adverse ... A case was registered in E-1 Mylapore police station in Crime No.2294/92 under Sec.4(1)(a) of the Tamil Nadu Prohibition Act, 1937 and Secs. 147, 363 and 302, Indian penal Code. The case was. taken up for investigation. ... Each of the Judges deliver....
1992 0 Supreme(Guj) 301 • India - Gujarat
J.N.BHATT
read with Sec. 401 of the Code is very much circumscribed. ... ... The jurisdictional sweep of the revisional court under sec. 397 ... The order passed by the learned trial Magistrate under sec. 452(1) of the Code with regard to the disposal of the muddamal article ... This Court, in the aforesaid decision in the case of Ganchi Ibrahim Billy (supra) had also placed reliance on the latest decision of this Court (Coram : J. N. Bhatt, J.) in the case of soni Bhagwandas Narbheram v. ... ... ( 5 ) RESPONDENT No. 2 (accused)....
2006 0 Supreme(P&H) 1372 • India - Punjab and Haryana
MEHTAB S.GILL, AJAI LAMBA
C., and Sec.27 of the Arms Act - [302/149 I. P. C., 148 I. P. ... Conviction - Appeal against conviction under Sections 302/149 I. P. C., Sec.148 I. P. ... C., 27 of the Arms Act] - The court upheld the conviction of the appellants under Sections 302/149 I. P. C., Sec.148 I. P. ... They were also convicted under Sec.148 i. P. C. and sentenced to undergo RI for one year. Gurpreet Singh alias Gop....
1987 0 Supreme(Raj) 98 • India - Rajasthan
S.N.BHARGAVA, I.S.ISRANI
(a) National Security Act, 1980, Sec. 3(2)—Number of criminal cases pending against detenue—Detenue absconded for one year—No continuity ... (b) National Security Act, 1980, Sec. 3(2)—S.P. recommended after one year of the report—District Magistrate took more than 2-1/2 ... He also drew our attention to the latest decision of the Supreme Court in Ramveer Jatva Vs. State of U. ... State of Punjab(6), where a case under Section 307, 411 and 414 IPC was registered on 17th February, 1980. He was ordered to ....
2025 0 Supreme(Pat) 460 • India - Patna
CHANDRA SHEKHAR JHA
Bihar Mineral (Concession, Prevention of illegal mining, transportation & Storage) Rules, 2019 – Rules 11, 39 and 56 – Indian ... /420 IPC & Bihar Miniral (Concession, Illegal Mining’ Transportation, Provesoty of Storage) Rule 2019, Sec 42/39/56 and S.I. ... Hossain further submitted that for purpose of Section 411 IPC, property obtained through criminal breach of trust is included within the definition of “stolen property” under section 410 of IPC and, therefore, squarely falls wi....
1960 0 Supreme(Pat) 17 • India - Patna
S.C.MISRA, K.SAHAI, H.K.CHAUDHURI
This proceeding has been started against Sri Basanta Chandra Ghosh, an Advocate of this Court, to show cause why he should not be committed for contempt of Court in respect of an article published in the latest morning edition of the Searchlight, a Patna daily, in its issue of March 8, 1959. ... the Judicial Code, 28 USCA Sec.385. ... upon the provisions of Sec.342 of the Code of Criminal Procedure. ... Even if contempt proceedings are judicial proceedings within the meaning of Sec.1, Evidence Act, they are outside the s....
1999 0 Supreme(Guj) 523 • India - Gujarat
M.R.CALLA, RAVI R.TRIPATHI
Narcotic Drugs and Psychotropic Substances Act, 1985 - Secs. 20(b)(ii) & 50 - Bombay Prohibition Act, 1949 - Sec. 66(b) - Conviction ... and sentence challenged - Violation of Sec. 50 NDPS Act - Search and seizure in presence of panch witnesses by PSI - Held, despite ... with the procedure - Right of accused to be searched in presence of Gazetted Officer or Magistrate violated - Non- compliance with Sec ... This is the latest decision of the Supreme Court in a case decided on 21/07/1999 by a Bench of 5 Judges and the la....
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