| Author: sreevijay 17 May 2009 | Member Level: Bronze | Rating:  Points: 2 |
you may visit the following site and find answers to all your questions
http://www.netlawman.co.in/acts/indian-penal-code-1860.php.
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| Author: Finix77 20 Sep 2009 | Member Level: Bronze | Rating: Points: 6 |
You have four questions, among them third and second questions are answered firstly, there after first, and lastly fourth.
Each case comes with facts and circumstances and if charge sheet was sent to the court then it is lis-pen dance. No one can say about acquittal. Hence one can tray to find out the lacuna's in complaint and charge sheet. Apply those lacuna's in court at the time of hearing, by this way accused may be acquitted from the acquisition of those sections. So also bail is granted up on the facts and circumstances.
Here I will quote only provisions of the above mentioned sections for your guidelines.
S.420.Cheating and dishonestly inducing delivery of property-
“Whoever cheats and thereby dishonestly induce the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
The offence is cognizable, non-bailable, and compoundable by the person cheated, with the permission of the court and is triable by a magistrate of the first class.
S.458.Lurking house-trespass or house breaking by night after participation for hurt, assault or wrongful restraint.-
“Whoever commits lurking house trespass by night, or house breaking by night, having made preparation for causing hurt to any person or for assaulting any person or wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.”
The of fence is cognizable, non-bailable, non-compoundable and is triable by a magistrate of the first class.
S.465.Punishment for forgery-
“Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
The offence is cognizable, bailable, non-compoundable and is triable by a magistrate of the first class.
S.470.Forged document-
A false document made wholly or in part by forgery is designated “A forged document”
S.471. Using as genuine a forged document-
“Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document.”
The offence is cognizable, bailable, non-compoundable and may be tried by a magistrate of the first class.
S.149.Every member of unlawful assembly guilty of offence committed in prosecution of common object-
“If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.”
Lastly the police prepares charge sheet by investigating the matter and they come to conclusion that offence is committed up on facts and circumstances.
Note – This answer is for only guideline, publisher is not responsible for the result of any action on the basis of this answer/article one should get detailed opinion by consult ting with their lawyer.
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