The Indian penal code and other laws relating to the criminal courts of India; with notes and appendix

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 Excerpt: ...warrant a conviction under this section it must be proved that the accused has caused "danger, obstruction, or injury to some person, and that the way is a public way--Queen-Empress v. Beni Madhav Chakravarti, I. L. R., 25 Calc, 275. So, where a jag about 45 cubits long did not obstruct the ordinary navigation of a river 300 cubits wide, the conviction under this section was set aside--Jugal Das Dalai v. Queen-Empress, I. L R., 20 Calc, 665, distinguishing--In the matter of the petition of Umesh Chandra Kar, I. L. R., 14 Calc, 656. The facts in the latter case shewed that the bamboo stockade across the tidal navigable river really obstructed it and caused a public nuisance. And in Queen-Empress v. Bolappa, I. L. R., 11 Mad., 343, it was pointed out that:--'The public are entitled to the whole width of the road unimpeded by any article deposited thereon The deposit might not be very great, but in law it was an obstruction.' 284. Whoever does, with any poisonous substance, any Negligent conduct act in a manner so rash or negligent as with reBpect to poison-to endanger human life, or to be likely ous subBtances. to cause Qr injury to any otner person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Notes. See ss. 32, 44, 47, 319, 38. The gist of the offence is criminal negligence. It is not necessary to constitute an offence under the section that the negligent omission punishable under it should be followed by any disastrous consequences--Empre...