Very well Forgery explained, Many THANKS especially for 8 types of Mens Rea... Which many Experts knows but have not properly mentioned that any one is sufficient to bring home the Charge. Vijay 9820073101
This is the least I could for my invaluable students. The pleasure is wholly mine. I think you must be talking about the mens reas discussed under the offence of murder under section 300 and not forgery. and those are nine in number, instead of eight. Great.
The succinctnes in your bare language is beyond imagination . The moment you start interpreting I wish you to be unstoppable. May the God shine your future .
O my God! A whole lot of words of me. Phew... The best compliment of the day, rather year. Thank you. I shall try to adhere to the goodness if it is there and , if it is not, try to inculcate that.
Respected Sir, thank you very much for the valuable information that you have provided in the Video. I want to ask you one thing , if a accused is falsely implicated in a case and also the accused have not prepared any forged documents and also he was not having any knowledge about the forged documents rather the main accused in the case have done forgery. The Co-accused who is falsely implicated in the case is shown as VICTIM as well in the charge sheet after the final investigation by IO. Is that Co-accused is still liable to face the charge under Section 471 IPC or he will get discharged from the Honourable Court as he was not having any guilty intention. Kindly let me know Sir
Dear Gaurav, thanks for the compliment. It is indeed a reality that in the zeal of getting an accused convicted, investigation authorities often rope in and press for severe charges against (accused/apprehended) persons; and so often against a luckless victim. However, when the standard of proof, quality of evidence and other things are weighed in a court of law, innocent people are fortunately exonerated and saved from the rigour of law. As far charges under section 471 are concerned, it needs a burden of subjective knowledge (knowing or having reason to believe) of the accused that rests on the prosecution. In such a case if the lawyer is a smart one, the unblameworthy accused might get a lease of acquittal.
Dead person's signature appears on a document after 45 years of, his, demise by accuse party, now his original signature is not there at all any where in this world and also not, in possession with the complainant, now issue, is, that how to prove that a false document is having forged signature. Pls help me urgently.
This is more a case of evidence than of penal law. Sections 32, 67 and 73 are highly pertinent in this case. But, my dear, in order to prosecute a person based on such set of facts wherein an allegation subsists on the basis of a suit, you will need to get a decree first in the civil suit so as to show that signatures have been forged. If the facts were more elaborate, may be I could help more!
In relation to such offences which bear a reference to "place used for the custody of property" (e.g. sections 103, 380, 436 and 442), the expression "custody" has not been defined in the Penal Code . In legal lexicons custody means "the care and control of a thing or person for inspection, preservation, or security." Therefore, this term has to be understood in addition to places of human dwelling, tents vessels etc. as mentioned in those sections. It is most understandably a reference towards such places where property (movable property or documents, valuables etc.) are kept for custody like malkhana in a police station, cloak rooms on railway stations and bus stands, banks for keeping valuables, places of revenue records bearing an account of land titles etc. You can find such a reference in Criminal Procedure Code as well as in sections 102 and 451 (rather entire chapter XXXIV of Crpc-451-459). These penal sections are intend to protect places where properties have been kept in lawful custody by the State for any reason whatsoever, like places where seized vehicles, unclaimed or recovered objects and articles, etc. are kept. In short, this expression is intended to act as an additive to the places of the description already mentioned in those sections i.e. any place apart from building, tent or vessel used as a place of human dwelling. Because not only are buildings of human dwelling/human habitat important to be secured against offences like theft, fire, mischief etc some, used merely for the purpose of custody of property, are equally vital. That is the reason that the expression uses the term "place" instead of "building" because the property may be even stored in an open ground also as in the case of car parking etc. I hope it clears something.
Sir (A) with the intention of committing theft enters into the house of (B) through window with the help of ladder and does so . Sir will he be punished under section 379 read with 442 and 445 or only under 379 .
Well the answer is as much complex as the question, if not less. Let's deal with it layer by layer. 1. The facts are not clear if the offender has actually succeeded in the commission of the offence of theft or not. Therefore, if he has not succeeded, in case of theft the punishment attracted will be under section 380 (and not 379 as section 380 specifically deals with theft in dwelling house) read with section 511. 2. On the point of trespass the offence is much deeper than it appears. Firstly, it seems a clear case of house-breaking (see section 445-illustration (c). Secondly, coupled with the offence of theft the severity takes the offence to either section 454 (if done during daytime) or section 457 (if committed during night). I hope the explanation helps somewhat.
That is always tricky if you don't understand it well. All penal provisions have a basic definition clause, the ingredients of which are applicable in every case irrespective of the ultimate punishment clause. So, in this case 378 will always be attracted to prove the ingredients/elements of the offence (in this case theft) and the punishment will be inflicted under the appropriate clause depending upon the form of the basic offence (which in the instant case is section 380).
Very well Forgery explained, Many THANKS especially for 8 types of Mens Rea... Which many Experts knows but have not properly mentioned that any one is sufficient to bring home the Charge. Vijay 9820073101
This is the least I could for my invaluable students. The pleasure is wholly mine. I think you must be talking about the mens reas discussed under the offence of murder under section 300 and not forgery. and those are nine in number, instead of eight. Great.
Vv nice sir this is best one lecture regarding Forgery
The succinctnes in your bare language is beyond imagination . The moment you start interpreting I wish you to be unstoppable. May the God shine your future .
O my God! A whole lot of words of me. Phew... The best compliment of the day, rather year. Thank you. I shall try to adhere to the goodness if it is there and , if it is not, try to inculcate that.
Valuable information.
Very well explained 😊😊
Aww.... Such a valuable compliment. Thank you.
Thanks a million.....very well explained...more power to you
Welcome a zillion.
Thank you sir..👏👏
Really valuable class .. please upload videos of forgery upto 477A
Respected Sir, thank you very much for the valuable information that you have provided in the Video. I want to ask you one thing , if a accused is falsely implicated in a case and also the accused have not prepared any forged documents and also he was not having any knowledge about the forged documents rather the main accused in the case have done forgery. The Co-accused who is falsely implicated in the case is shown as VICTIM as well in the charge sheet after the final investigation by IO. Is that Co-accused is still liable to face the charge under Section 471 IPC or he will get discharged from the Honourable Court as he was not having any guilty intention. Kindly let me know Sir
Dear Gaurav, thanks for the compliment. It is indeed a reality that in the zeal of getting an accused convicted, investigation authorities often rope in and press for severe charges against (accused/apprehended) persons; and so often against a luckless victim. However, when the standard of proof, quality of evidence and other things are weighed in a court of law, innocent people are fortunately exonerated and saved from the rigour of law. As far charges under section 471 are concerned, it needs a burden of subjective knowledge (knowing or having reason to believe) of the accused that rests on the prosecution. In such a case if the lawyer is a smart one, the unblameworthy accused might get a lease of acquittal.
Very nice Sir
Thanks and welcome
Dead person's signature appears on a document after 45 years of, his, demise by accuse party, now his original signature is not there at all any where in this world and also not, in possession with the complainant, now issue, is, that how to prove that a false document is having forged signature. Pls help me urgently.
This is more a case of evidence than of penal law. Sections 32, 67 and 73 are highly pertinent in this case. But, my dear, in order to prosecute a person based on such set of facts wherein an allegation subsists on the basis of a suit, you will need to get a decree first in the civil suit so as to show that signatures have been forged. If the facts were more elaborate, may be I could help more!
Awesome sir
very well explained sir.. thkuuu so much sir
My pleasure Garima. Wishes.
@@StareDecisis sir can u plz expalin what does the place refer to
.. as often used in many sections... place for the custody of property
In relation to such offences which bear a reference to "place used for the custody of property" (e.g. sections 103, 380, 436 and 442), the expression "custody" has not been defined in the Penal Code . In legal lexicons custody means "the care and control of a thing or person for inspection, preservation, or security." Therefore, this term has to be understood in addition to places of human dwelling, tents vessels etc. as mentioned in those sections.
It is most understandably a reference towards such places where property (movable property or documents, valuables etc.) are kept for custody like malkhana in a police station, cloak rooms on railway stations and bus stands, banks for keeping valuables, places of revenue records bearing an account of land titles etc. You can find such a reference in Criminal Procedure Code as well as in sections 102 and 451 (rather entire chapter XXXIV of Crpc-451-459). These penal sections are intend to protect places where properties have been kept in lawful custody by the State for any reason whatsoever, like places where seized vehicles, unclaimed or recovered objects and articles, etc. are kept. In short, this expression is intended to act as an additive to the places of the description already mentioned in those sections i.e. any place apart from building, tent or vessel used as a place of human dwelling. Because not only are buildings of human dwelling/human habitat important to be secured against offences like theft, fire, mischief etc some, used merely for the purpose of custody of property, are equally vital. That is the reason that the expression uses the term "place" instead of "building" because the property may be even stored in an open ground also as in the case of car parking etc.
I hope it clears something.
@@StareDecisis thnkuuu so much sirr.....it was very important to know.... thnku not only for giving the content but also ur tym
Always welcome. The more we share the knowledge, the more we get of it.
Sir, you are great. I love your lecture... Thank a lot
Smiles.
Sir (A) with the intention of committing theft enters into the house of (B) through window with the help of ladder and does so . Sir will he be punished under section 379 read with 442 and 445 or only under 379 .
Well the answer is as much complex as the question, if not less. Let's deal with it layer by layer.
1. The facts are not clear if the offender has actually succeeded in the commission of the offence of theft or not. Therefore, if he has not succeeded, in case of theft the punishment attracted will be under section 380 (and not 379 as section 380 specifically deals with theft in dwelling house) read with section 511.
2. On the point of trespass the offence is much deeper than it appears. Firstly, it seems a clear case of house-breaking (see section 445-illustration (c). Secondly, coupled with the offence of theft the severity takes the offence to either section 454 (if done during daytime) or section 457 (if committed during night).
I hope the explanation helps somewhat.
@@StareDecisis as sir I said with (intention) . This could not be found in 380 . This section will be excluded.
That is always tricky if you don't understand it well. All penal provisions have a basic definition clause, the ingredients of which are applicable in every case irrespective of the ultimate punishment clause. So, in this case 378 will always be attracted to prove the ingredients/elements of the offence (in this case theft) and the punishment will be inflicted under the appropriate clause depending upon the form of the basic offence (which in the instant case is section 380).
@@StareDecisis thank you.... sir for being helpful. May you live an extreme prosperous life
Hello sir. Very well explained and a detailed video. 🙌🏻 Thank you so much sir.
Hello. Much thanks. It is wonderful if it is really worth it. Long live the lawfulness😃🙌
Thanks a lot sir