Does admonishment amounts to conviction.

Bhuwan Bhatt (Querist) 27 November 2012 This query is : Resolved
Does Admonishment under IPC 279 amounts to conviction?

Follow Query

Report Abuse

Sudhir Kumar, Advocate (Expert) 27 November 2012
academic query

prabhakar singh (Expert) 27 November 2012
READ Veerappa Chettiar Versus Fritschi High Court of Kerala Crl. R. P. No. 76 of 1964 DECIDED ON17-09-1965 1965 KLT 1116
1966 (1) ILR(Ker) 168

Bhuwan Bhatt (Querist) 27 November 2012
Thanks expert for the reply. I am layman and dont understand term of laws and also I dont have access to this document.
Could you please explain the impact of admonishment.

prabhakar singh (Expert) 27 November 2012
STATE YOUR PROBLEM DIRECTLY.

Bhuwan Bhatt (Querist) 27 November 2012
Well I am reffering to a case which has just concluded(under 338/279). A settlement was made between the injured and the accused. Judge compounded offence under 338 and admonished the accused for case under 279 after accuse pleaded guilty.

Does this means accused is convicted for offence under 279 and court records will contains details of accused as convicted?

R.K Nanda (Expert) 27 November 2012
yes, it amounts to conviction without punishment.

Bhuwan Bhatt (Querist) 27 November 2012
ok....so if somebody wants to get aquital after the judgement is delivered what is the course of action he\she has to follow.

R.K Nanda (Expert) 27 November 2012
for discussion go to forum.

Bhuwan Bhatt (Querist) 27 November 2012
which forum you are suggesting to go to?

prabhakar singh (Expert) 27 November 2012
Yes it amounts to conviction against which s no appeal /revision lies in view of the fact that sentence was passed on confession of guilt by accused himself.NO acquittal possible now in any manner.

R.K Nanda (Expert) 27 November 2012
forum section of LCI.

Raj Kumar Makkad (Expert) 28 November 2012
Confession by an accused amounts to conviction and the same shall be duly recorded in court file.

Sudhir Kumar, Advocate (Expert) 28 November 2012
nothing more to be said based on sketchy facts.

Sudhir Kumar, Advocate (Expert) 02 December 2012
fresh query at http://www.lawyersclubindia.com/forum/Impact-of-conviction-under-ipc-279-70782.asp#.ULrPnmfPz_0

ajay sethi (Expert) 02 December 2012
repeated query

Guest (Expert) 02 December 2012
Dear Mr. Bhatt,

You should feel lucky that you have been let off with mere admonishment, which in my opinion is a type of serious warning and not a punishment. Otherwise IPC 279 provides for a punishment of imprisonment for six months, or with fine which may extend to one thousand rupees, or with both. In section 279 there is no provision for admonishment.

On the other hand, IPC 338 also provides for punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries