CASE COMMENTARY ON AHSAN V. STATE OF UP (2018) 13 SCC 420
AUTHOR – SANSHIA HELMINA REBELLO, STUDENT AT CHRIST UNIVERSITY
BEST CITATION – SANSHIA HELMINA REBELLO, CASE COMMENTARY ON AHSAN V. STATE OF UP (2018) 13 SCC 420, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 706-709, APIS – 3920 – 0001 & ISSN – 2583-2344.
Introduction
This case is about various offences concerning sections 34, 307, 316, 452 and 504 of the Indian Penal Code, 1860.
Section 34 [1]of the IPC describes acts done by several persons in furtherance of a common intention. Wherein when either of the persons who does the act in furtherance of a common intention would still be held liable, even if he/she was not the one who did it.
Section 307 [2]of the Indian Penal Code, 1860 describes the offence of attempt to murder. For an act to constitute an attempt to murder it needs to be backed by such intention and knowledge on the part of the offender such that his/her act would result in death or cause hurt to a person.
It is further mentioned that if, such an act results in the death of a person, then he/she is sentenced to a term of either description of 10 years or a fine. Whereas, in case of hurt caused the offender shall be liable for life imprisonment.
Moreover, if the offender is sentenced to life imprisonment, then he/she is to be sentenced to death penalty.
Further section 316 [3]of the Indian Penal Code, 1860 provides punishment for the offence of causing the death of an unborn child. According to the provision, if a person causes death, he/she would be guilty of culpable homicide and if he/she cause the death of any unborn child then that person shall be sentenced to imprisonment of 10 years and also a fine.
Section 452 [4]of the Indian Penal Code, states that any person committing house-trespass with the intention of causing hurt to any person or assaulting a person or wrongfully restraining any person or putting a person in fear of hurt, or assault, or wrongful restraint would be sentenced to a term of imprisonment of either description which may extend to 7 years and also a fine. Lasty, Section 504[5]of the IPC, describes the intentional act of a person, which includes insulting and giving provocation to that person, knowing it to result in breach of public peace, or to commit any other offence. Such a person shall be punishable with imprisonment of either description for a term which may extend to 2 years or with fine, or with both.
[1] Pen. Code § 34
[2] Pen. Code § 307
[3] Pen. Code § 316
[4] Pen.Code § 452
[5] Pen.Code § 504