🏆 Section 201 ipc. Indian Penal Code (IPC) Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender.. 2022-11-07

Indian Penal Code (IPC) Section 201

In the instant case the fact that the severed head of the deceased-Navarasu was recovered from the specific place which was indicated and identified by the accused. Mahendra Singh 1974 , about the right to use water from a tube well. Causing disappearance of evidence of offence, or giving false information to screen offender. There has to be some solid evidence on file to demonstrate that the accused dealt with the evidence in order to spare another person, known or unknown. You can click on this link and join: Follow us on.

Section 201 IPC : complete overview with case laws

His body was being carried on by some persons on a cot so as to admit him to a hospital. The person in the dock and who was accused of the crime was another senior student in the same campus. Where certain ornaments belonging to the deceased woman were recovered from the possession of a person, this by itself did not prove that he, along with other accused persons, was guilty of murder or causing disappearance of evidence, read with section 34 of the Code. There must also be substantial and compelling reasons for holding that the trial court was wrong. Oral threat or inducement allegedly given by lawyers to the approver not to give any statement against the accused cannot amount to commission of offence. Illustration A, knowing that Bhas murdered Z, assists Bto hide the body with the intention of screening Bfrom punishment. Court of Session for causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence ; Magistrate of the first class If punishable with imprisonment for life or imprisonment for 10 years.

IPC Section 201: Causing Disappearance Of Evidence Of Offence, Or Giving False Information, To Screen Offender

They took fuel from a vehicle, sprayed it on some wood, lit it on fire, and tossed the five bodies into the flames. We may also make a reference to a decision of this Court in C. He also submitted that the trial court was wrong in holding the respondent guilty for evidence adduced by the prosecution to prove that the deceased was last seen with the accused replete with inherent improbabilities and inconsistencies. The college authorities and the father were of the opinion that Navarasu had not left for Diwali to Madras. He also submitted that the High Court was not justified in disbelieving the recording of confession merely because of the omission to mention the same in the case diary. CASE ON CIRCUMSTANTIAL EVIDENCE 19.

Section 201 of Indian Penal Code, 1860

The message of his surrender was conveyed to the Annamalai Nagar PS, which got the police custody for five days of the accused from 18. The Orissa High Court went to the extent of holding that a charge under section 201. The deceased had been cruel to her. State, the Supreme Court quashed the conviction of the accused person under this section by a three to two majority judgment because even though there were many facts which pointed towards the direction of the accused having killed a mother and her child, there were some reasonable doubts as well, and the prosecution could not establish the charge that the appellant had removed or concealed the dead bodies. Secondly, the language used in sections 201 and 202 does not suggest that the sections would apply to a person who has committed an offence.

IPC Section 201

At the same time, if the lower Court's decision is based on erroneous views and against the settled position of law, then such an order of acquittal should be set aside. State of Uttar Pradesh 1975 , Shamim, a college student, had an illegitimate affair with the deceased, a doctor. However, under Section 201, IPC, mere knowledge that someone has caused the disappearance of evidence by disposing of a body is not a crime. He also made up a bogus storey about a person who was later shown to be non-existent, claiming that he arrived in the hamlet with two prostitutes offering them film roles and that they got into a dispute after which both prostitutes left him. Its power of reviewing evidence is wide and the appellate court can reappreciate the entire evidence on record. Thereafter PW-3 made enquiries on the incident and submitted a report about the incident of ragging to the higher officials which is marked as Exhibit P-3.

Indian Penal Code (IPC) Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender.

After the surrender of the accused on 14. With the fraudulent and dishonest intent of fooling his superiors, he created phoney and counterfeit records. A is liable to imprisonment of either description for seven years, and also to fine. LEGAL POSITION:-APPEAL AGAINST ACQUITTAL 12. There is no law which casts a duty on a criminal to give information which would incriminate himself. From the evidence of all the abovesaid witnesses it is also clear that the deceased was last seen alive in the company of the accused on 06. It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused.

IPC 201

They are: SCC p. In a recently delivered judgment of this Court in State of U. The decapitated heads were taken home as mementoes. On conclusion of the arguments, the High Court held that the prosecution has failed to prove the guilt of the accused and accordingly the High Court acquitted the respondent of all the charges vide its judgment and order dated 05. In Jayendra Saraswatlii Swamigal, Tamilnadu v. As a result, no offence under Section 201 was deemed to have been established. Thereafter, after producing the accused before the Doctors of Govt.

IPC 201 Section of Indian Penal Code

The said recovered torso was sent for post-mortem after inquest. . The High Court acquitted the respondent under Sections 302, 364, 201 and 342 of the Indian Penal Code, 1860 for short "IPC" by reversing the Judgment and order dated 11. In the present case, in the chain of events, the first point which arises for our consideration is the MOTIVE behind the alleged crime done by the accused-John David. ADVERTISEMENTS: In Palvinder Kaur v. It states that whoever, either knowing or having reason to believe that an offence has been committed, causes disappearance of evidence of the commission of that offence, with the intention either of screening the offender from punishment under law, or with intention gives any information in respect of the offence about which he has knowledge or belief that it is false, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine, if the offence which he knows or believes to have been committed is punishable with death; and shall be punished with simple or rigorous imprisonment for a term extending up to three years, and shall also be liable to fine, if the offence is punishable with imprisonment for life, or with imprisonment extending up to ten years; and shall be punished with imprisonment of that description which is provided for the offence for a term extending up to one-fourth part of the longest term of imprisonment which has been provided for the offence, or with fine, or with both, if the offence is punishable with imprisonment for any term extending up to less than ten years.

Removing Dead Body From Scene Of Murder To Another Place Doesn't Come Under Ambit Of S. 201 IPC: Allahabad High Court

No other direct or circumstantial evidence existed which established that the brothers were present at the time of the beating or they had any knowledge of it. The Madhya Pradesh High Court convicted the accused under this section on the basis of his admission that he was associated with others in the dead body being tied to a scooter and then thrown into a well, even though because of lack of concrete evidence it could not be said that he was also associated with the murder despite the fact that, the body was recovered from the well at his instance. The following principles have to be kept in mind by the appellate court while dealing with appeals, particularly against an order of acquittal: i. Also it has been admitted by the Trial Court as also by the High Court that at no stage of trial there is any allegation of torture of the accused in the hands of the police, which clearly proves that the statement made by the accused on 19. Imprisonment for a quarter of the longest term provided for the offence, or fine or both. Devahari Devasingli Pawar, HIV contaminated blood was supplied by the blood bank to a government hospital. For proving the said fact that the deceased was last 25seen alive in the company of the deceased, the prosecution has placed reliance upon the evidence of V.

Section 201 Indian Penal Code, 1860

Removing a dead body from one place to another does not necessarily mean causing disappearance of evidence. PW-40, student of the college stated that on 08. Before we enter into the merit of the case, we are required to deal with the contention of the counsel appearing on behalf of the respondent regarding the scope and ambit of an APPEAL AGAINST ACQUITTAL. State, the main accused, a young college girl, fell in love with the deceased, a married doctor and father of three children. State, a husband had allegedly beaten his wife to death and his brothers, living separately in the same village, had allegedly carried the dead body to the cremation ground. On such review, the appellate Court would consider the manner in which the evidence was dealt with by the lower Court.

Section 201 ipc. Section 201 of Indian Penal Code, 1860 2022-11-07