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Section 450 of Indian Penal Code, 1860 – Explained!

January 31, 2019 0 Comment

In Surjit Singh v. State of Punjab the accused policemen entered into the house of the deceased with the intention of committing rape on her. They could not succeed as sons of the deceased shouted for help. On suggestion of one accused that the deceased, if left alive, will implicate all the accused, another accused killed her.

There was no role assigned to the appellant accused in the killing. There was no evidence of common intention. The Supreme Court held that his conviction for murder was liable to be set aside but he was, however, liable to be convicted under Section 450 of the Code as he made forcible entry into the house of the deceased.

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The offence under section 450 is cognizable, non-bailable and non-compoundable, and is triable by court of session.

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