The Indian Penal Code, as Originally Framed in 1837 (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: junishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating, that is to say, to imprisonment for a term not exceeding one year, if the hurt which he has voluntarily caused is not grievous, and for a term not exceeding ten years, nor less than six months, if the hurt which he has voluntarily caused is grievous. (b) But if, while A is beating Z, Y interferes and A strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z and to another for the blow given to Y. 61. In all cases in which judgment is given in the manner prescribed in the law of procedure that a person is guilty of an offence, but that it is doubtful under which of certain penal provisions of this Code he is punishable, the offender shall be liable to be punished -with whatever punishment is common to the penal provisions between which the doubt lies; and if imprisonment is common to the penal provisions between which the doubt lies, and any one of those provisions admits of simple imprisonment, the offender may be sentenced to simple imprisonment. Illustrations. (a) Judgment is given in the manner prescribed in the law of procedure that A is guilty either of murdering Z, or of previously abetting by aid the murder of Z. The punishment of murder, and that of previously abetting murder by aid, are the same. A is therefore liable to that punishment. (b) Judgment is given in the manner prescribed in the law of procedure that A has committed an offence, but that it is doubtful whether that offence be theft or criminal breach of trust. Theft is punishable with rigorous imprisonment for three years, or fine, or both; crim...