Friday, 3 June 2022

Punishment for the person guilty of one of several offences

 Punishment for the person guilty of one of several offences


When the court is in a rare circumstance in which the court cannot recitify the offender has committed which one of the several offences due to the lack of solid proving point ,in this case the minimum punishment offered among the offences laid down is considered.
Illustration 1 -  Mrs. Vohra has caused grevious hurt and the court is not sure whether the hurt is voluntarily caused (section -325) or the hurt is caused voluntarily due to the provocation at the instance (section-335).
Th court has doubt which offence the offender is guilty of , it has to be one of the several offences . The court in here is sure that grevious hurt has been caused .Now to give punishment the court is confused between section 325 and 335 as the point has not been clearly proved .
Section 325 says if a person voluntarily causes hurt would be punished with imprisonment of either description and it may shall extend upto 7 years and also has to pay fine.
Section 335 says if a person voluntarily causes hurt based on the provocation on that very instance would be punished with imprisonment as per description of the judgement which may extend to 4 years or fine of Rs2000 or both.
Here , the court has to apply section with the lowest punishment among such offences. So, section 335 would be applied in this case .
Illustration 2 – Mr.A has attempted to murder Mr.B but the court is not sure if it is an attempt to murder or attempt to culpable homicide .The offender is guilty h .
But the court here is confused that Mr. has committed the offence of attempt to murder or has committed attempt to culpable homicide.
Section 307 of IPC says a person if being well aware that his/her action could result in murder of the other person and still continues to do so which in a way has caused hurt would amount to murder .
Section 308 of IPC says if a person is well aware that his/er certain actions would amount to murder and still continues to do so but does not cause any kind of hurt during that process would amount to attempt to culpable homicide .
So, here the ingredients of the case is clear that Mr.A has attemted to murder but the court is not able to decide if it is an attempt to murder or attempt to culpable homicide , it would choose the section with the least punishment .
Hence , section 308 would be decided by the court .



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