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WELCOME TO LEGAL WORLD

Sunday, October 10, 2010

498-A I.P.C. AND 304 B IPC AND 12[1] PASSPORT ACT

WHEN FIR IS NOT DISCLOSING NO DETAILS OF OFFENCE AND WHEN THE DECEASED AND ACCUSED ARE LIVING SEPARATELY FOR THE PAST ONE AND HALF YEAR SEPARATELY, EVEN THOUGH DEATH OCCURRED WITHIN 7 YEARS OF MARRIAGE, IT CANNOT BE ASSUMED AS DOWRY DEATH AS THE MEDICAL RE PORT SAYING THE DEATH IS NATURAL, AND FIR ALSO NOT DISCLOSING ANY THING AGAINST THE ACCUSED. SUPPRESSION MARITAL STATUS AND FALSE EDUCATIONAL QUALIFICATIONS GIVEN BY ACCUSED WHILE ISSUING A PASSPORT IS NOT AN OFFENCE UNDER SEC.12[1] OF PASSPORT ACT. IN TOTO ACQUITTAL IS JUST 154. Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informants and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer Subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

Section 304B. Dowery death
1[304B. Dowery death.

(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death" and such husband or relative shall be deemed to have caused her death.

Explanation:-For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 ( 28 of 1961).

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]


PASS PORT ACT

12. Offences and penalties. (1) Whoever–

(a) contravenes the provisions of section 3; or

(b) knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or

(c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or

(d) knowingly uses a passport or travel document issued to another person; or

(e) knowingly allows another person to use a passport or travel document issued to him,
———————————————————————
1. Subs. by Act 35 of 1993, s. 5 (w.e.f. 1-7-1993)

34.shall be punishable with imprisonment for a term which may extend to
1*[two years or with fine which may extend to five thousand rupees]
or with both.

1*[(1A) Whoever, not being a citizen of India,-

(a) makes an application for a passport or obtains a passport by suppressing information about his nationality, or

(b) holds a forged passport or any travel document,

shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees.]

(2) Whoever abets any offence punishable under 1*[Sub-section (1)
or sub-section (1A)] shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided in that sub-section for that offence.

(3) Whoever contravenes any condition of a passport or travel document or any provision of this Act or any rule made thereunder for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

(4) Whoever, having been convicted of an offence under this Act, is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence.

2010 [1] ALD CRI. 953.

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