Anmol Sharma (advocate) 26 September 2009
I have case with me where Police has booked a person for theft committed in Maruti car u/s 380 IPC. My arguement is it is an offence may be u/s 379 and not u/s 380. section 380 say theft committed in a building, tent or vessel, since car is neither a tent, building or vessel....
Please comment....
Adinath@Avinash Patil (advocate) 26 September 2009
Anmol,
fromthe facts it seems that police is regiterd .from the facts
Adinath@Avinash Patil (advocate) 26 September 2009
Anmol,
fromthe facts it seems that police is regiterd .from the facts
Adinath@Avinash Patil (advocate) 26 September 2009
Your case be registerd u/c 379 of ipc & not under 380. maruti car is motor vehical and not tent or vessal.
Anmol Sharma (advocate) 26 September 2009
Thank you very much Patilji. The case right now is at the stage of 'framing of charge' and Hon'ble judge is of the view that since vessel moves on water and car moves on land therefore both are almost similar and this section 380 is right. but I am arguing on the principle of Interpretaion i.e., what the legislator did not say should not suprevened by the court. Am I right?
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 26 September 2009
Mr. Patilji is absolutely right.
s.chakravarthy (self) 28 September 2009
Mr Patilji's has a point in veiw of sec 47 of IPC which defines 'vessel". But still the misqoute of sec may not vitiate the charge. if the magistrate is careful while framing court charge
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