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The Mis-transformation of Section 376 Read with Section 511 of the Indian Penal Code 1860 into Section 354 of the Same Code of 1860 in the Realm of the Terminology and Usage

By Lawrence Gomes

Published In

CRI LJ 2010

Intention Preparation Attempt Commission is equivalent to the Commission of any CRIME. Working in the grass root or field level of the Lower Judiciary under Section 437 of the Code of Criminal Procedure (hereinafter to the termed as CrPC), we the Legal Practitioners both in the Defence side as well as on the Prosecution wing (of the STATE), when the investigating Agency submits its relevant case diaries, papers and documents u/Ss. 167, 172, CRPC in the Bail or REMAND Application file in the Court of the first instance/first application, the Learned Defence Counsel on behalf of the accused person in such a case, tries to convince such a Court that it being a case of Attempt to RAPE and in actual practice, Rape has not been committed by the accused person, so the most appropriate penal section in such a case/situation, should be Section 354 of the Indian Penal Code (hereinafter to be termed as IPC) and not Sections 376/511, IPC. Some ....

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