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+ | ====== Injury, an act contrary to law ====== | ||
+ | __Section 44 of the Indian Penal Code 1860__. | ||
+ | <wrap em>The word " | ||
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+ | An injury is simply an act contrary to law.((Swami Nayadu v. Subarnania)) The word ‘**injury**’ has been given a wide meaning in this section. The word injury includes any harm illegally caused to the property of any person and is not restricted to an injury to the person only. A false charge laid before the police against a person and never intended to be prosecuted in Court, may obviously subject the accused party to very substantial injury as defined in s. 44. | ||
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+ | Where a person promises to speak favourably to a person in authority and to do his best to induce him to do something, and in consideration of this promise receives money, his act does not amount to causing ‘**injury**’, | ||
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+ | ===== Threat to ruin another by cases ===== | ||
+ | The offence of criminal intimidation would not be committed if the threat was to ruin a person by cases and not false cases because the harassment, although caused from an improper motive could not be caused illegally and as such would not bring the offender within the definition of ‘**injury**’. | ||
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+ | ===== Threat to institute civil suit ===== | ||
+ | The recourse to a civil Court cannot amount to causing an illegal harm. | ||
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+ | ===== False Charge ===== | ||
+ | A false charge laid before the police and never intended to be prosecuted in Court, may obviously subject the accused party to very substantial injury as defined in this section. | ||
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+ | ===== Property ===== | ||
+ | The term property means something in existence and that it cannot, with any propriety, be applied to the reasonable expectation of pecuniary benefit for the loss of which an action is maintainable by the representation of a deceased person. In a case where the widow of a man who has been drowned by the criminal act of another, can be said to suffer an ‘**injury**’, | ||
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+ | Now, under s 357, CrPC compensation is payable to any person for any loss or injury caused by an offence, if it is recoverable by such person in civil court. And under cl (%%c%%) of the same section, when any person is convicted of any offence for having caused the death of any person or having abetted the omission of such an offence the compensation is payable not only to the widow but to all the persons who are, under the Fatal Accidents Act 1855, entitled to recover damages from the person sentenced 'for the loss resulting to them such death' | ||
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+ | ===== Social Boycott, if Amounts to Injury ===== | ||
+ | Excommunication may, in some cases, give a cause of action for a civil suit, but not for a criminal case. |