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India · 2nd Year · Criminal Law (BNS / IPC)

Leading Cases II

Common intention, sedition and sexual offences.

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  1. 1.Mahbub Shah v Emperor (1945) — common intention?

    Section 34 requires a pre-arranged plan and prior meeting of minds; similar intention is not the same as common intention.

    AIR 1945 PC 118

  2. 2.Kedar Nath Singh v State of Bihar (1962) — held?

    Upheld s 124A IPC but read it down to cover only acts with a tendency to incite violence or public disorder.

    AIR 1962 SC 955

  3. 3.S.G. Vombatkere v Union of India (2022) — order?

    The Supreme Court directed that s 124A IPC be kept in abeyance while the Government re-examined it.

    Order of 11 May 2022

  4. 4.Independent Thought v Union of India (2017) — held?

    Exception 2 to s 375 IPC was read down: sexual intercourse with a wife aged 15–18 is rape.

    (2017) 10 SCC 800

  5. 5.Which committee led to the Criminal Law (Amendment) Act 2013?

    The Justice J.S. Verma Committee, formed after the December 2012 Delhi gang rape.

    Criminal Law (Amendment) Act 2013

  6. 6.State of Maharashtra v Mayer Hans George (1965) — held?

    Mens rea can be excluded by statute expressly or by necessary implication; the accused was liable for bringing gold into India in breach of a notification.

    AIR 1965 SC 722