Criminal
Swetambara Purohit
(Querist) 23 September 2011
This query is : Resolved
can section 34 IPC be attached with any other Sections except the sections belonging to Indian Penal Code????For example with any other Section of Excise Act.
Shonee Kapoor
(Expert) 23 September 2011
No clue, but should not be..........
Regards,
Shonee Kapoor
Raj Kumar Makkad
(Expert) 23 September 2011
Cannot be. special Acts have their own applicability so there is no scope to insert this section alone without any other section of IPC.
kuldeep kumar
(Expert) 23 September 2011
in some of the offences it can be attached.read section 40 what r those offences.
ajay kumar mishra
(Expert) 23 September 2011
If the alleged act is a criminal act then whatever be the section and act is no matter and section 34 will be attracted if other ingredients of section 34 is complied with, it is no matter that the said criminal act is under IPC or Excise Act.
Out of Court
(Expert) 23 September 2011
it can be with term "read with" trail with the other sections of any such particular act, but only in criminal cases ......
Ravikant Soni
(Expert) 23 September 2011
No, This section can no be attached to other special law.
Swetambara Purohit
(Querist) 23 September 2011
rightly said mr.Rajkumar Makkad sir....actually here the police before some days arrested 2 persons alleging commission of offence under 47(a) of Bihar and Orissa Excise Act read with sec 34 IPC.which is actually wrong...But Thanks to all of u sir for ur responses....
Raj Kumar Makkad
(Expert) 24 September 2011
None of experts has specifically told any section of any criminal law other than IPC which attracts section 34 IPC.
Ravikant Soni
(Expert) 24 September 2011
Makkar sir u r right. and ur answer is supported by statutory provision of section 5 of IPC as under:
sec. 5 Certain laws not to be affected by this Act.-
Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airman in the service of the Government of India or the provisions of any special or local law.
Section 5 saves the operation of two categories of laws, namely:-
(i) enactments relating to armed forces, and
(ii) special and local laws.
Armed forces : As to the category (i) mentioned above seen the Army Act, 1950, the Air Force Act, 1950 and the Navy Act, 1957.
Special and local laws: As to the category (ii) mentioned above see the expressions “Special law and Local law : as defined in sections 41-42 of the Indian Penal Code.
Double Jeopardy: Although the operation of certain other laws is saved by Section 5 of the Penal Code, it is to be remembered that a person cannot be punished twice for the same offence. See-
(i) Section 71, second Para, Indian Penal Code.
(ii) Section 26, General Clauses Act, 1897.
(iii) Article 20, Constitution of India.
Ravikant Soni
(Expert) 24 September 2011
But in such special law if it is specifically provided than section 34 or other section may be attached with such special law.
For example:
In section 6 of THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 it is provided as to application of 34 IPC and certain other sections.
Ravikant Soni
(Expert) 24 September 2011
I think all the confusions should have finished now.
R.Ramachandran
(Expert) 24 September 2011
To simply say "No. Not at all." after seeing the reply from Mr. Ravi Kant Soni has no meaning at all.
Swetambara Purohit
(Querist) 25 September 2011
so,for example if two persons arrested for alleging commission of offence under Section 47(a) of Bihar and Orissa Excise Act,should section34 IPC be also attached with the Sec.47(a) of Bihar and Orissa Excise Act?
