The Proof of Forgery

“Section 465 provides punishment for the commission of the offence of forgery. In order to sustain a conviction under Section 465, first it has to be proved that forgery was committed under Section 463, implying that ingredients under Section 464 should also be satisfied. Therefore unless and until ingredients under Section 463 are satisfied a […]

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Section 499 of the IPC IV

The Fourth Chapter is intriguingly titled ‘Bloodless Murder: Defamation‘. Senior Advocate Pinky Anand and her daughter Gauri Goburdhun have stood by Sections 499 & 500, IPC in Trials of Truth: India’s Landmark Criminal Cases, (Shobhaa Dé Books, Penguin, 2017). Here is brief excerpt from pages, 61 to 79: “The origin of defamation can be traced to […]

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Section 499 of the IPC III

I had earlier defended Explanation 1 to Section 499 of the IPC (‘How do you criminally defame a corpse? Ask the SC’) and the judgment in Subramanian Swamy v. Union of India, [Writ Petition (Criminal) No. 184 of 2014], in the wake of strong arguments that Section 499 criminalizes what is essentially a private wrong, and thus […]

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The Finesse of a Trial Judge

Justice Arvind Kumar Mishra of the Allahabad High Court commenting on (Retd.) Justice Shyam Lal, in Nupur Talwar v. State of U.P., [Criminal Appeal No. 293 of 2014]: “The Learned Trial Judge has prejudged things in his own fashion, drawn conclusions by embarking on erroneous analogy conjecturing to the brim on apparent facts telling a different […]

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