Firstly the British ruled India since 1860 using IPC. It is a very
comprehensive and powerful Act if applied fearlessly.
There is a very famous case since British times when 2 native
public servants who stayed overnight at a dak bungalow were
sentenced to 25 years imprisonment each for not stopping the
chowkidar of that bungalow from selling the "nightsoil" (this means
"shit") as fertiliser ("gobar") of that bungalow for the royal sum
of 2 PAISE.
Simply put if a public servant who exercises any dominion over
property allows it to be "misappropriated" in any way it constitutes
an offence u/s 409. Of course this is a highly technical offence
which needs deep understanding of criminal law - and each and
every word in the ingredients has to be properly undersood
and satisfied before an offence is made out. For instance "dominion"
in this section implies something more than "control over".
Sarbajit
On 8/7/12, capt beniwal <trident142@yahoo.co.in> wrote:
> sir, hows IPC 409 get applied. rgds. beniwal
>
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment