149 Ipc Related

[Lawer]

if a case is registered under 147/148/149/302 and 4/5 explosive act and court forgot to make charges under 149 IPC then all accused cab be punished under this case or not, case is in arguments. Please revert me with possible answers

[New Judge]

Is this one of those puzzles where we have to rearrange the words to make a well known phrase or saying (or even a question that can be readily understood)?

[Buenchico]

This website is UK-based and, while we've got quite a few people here who know about English law, I doubt that there's anyone here who knows anything at all about the Indian Penal Code.

Sorry!

[Peter Pedant]

is this an essay question ? - the answer lies in constitutional law - and depends on how Indian law looks at wrongly charged cases -

the court wouldnt charge by the way - ( in English Law)

again in English Law it would be very unusual for a case chucked out ( let us say for not getting the Attorney General's permission if it were necessary) - for the court not to call the proceedings a nullity and give the prosecution freedom to relist/recharge .....

so I think you are onto a loser ont his one


and yes I know nothing about Indian Law except that it is based on the law of the glorious British Raj and adheres to common law principles.

[Peter Pedant]

oh yeah and if it is a case really under consideration in real life

it would be very unlikely for a court to say in an explosives case ( = terrorism to you and me)
yeah OK good point - off you go to do whatever it was that you were doing last time .....