Insanity as a General Exception – Section 84 IPC
2021-06-02
Unsoundness of a person’s mind as a defence is given under Chapter IV, section 84 of the Indian Penal Code (IPC). It is based on M’Naghten Rule.KEEP READING
Everything you need to know about Mandal Commission
2021-06-01
Being dissatisfied with the result of the Kalelkar Commission, the President appointed Mandal Commission on 1st January 1979.KEEP READING
What Is Indigent Person and Suits By Indigent Person
2021-05-31
WHO IS AN INDIGENT PERSON?
Poor, Penniless, Pauper.
Order XXXIII of Civil Procedure Code provides remedy to those who need to institute a suit for enforcement of their rights but are so poor that they cannot afford expenses on court fee etc.
The object behind this order is that poverty should not come in way of getting justice.KEEP READING
Trial of Summons Cases Explained – CrPC
2021-05-31
The trial of summons case has been dealt with under Chapter 20 of the Criminal Procedure Code from section 251 to 259. According to section 2(w) of CrPC, summons cases are those cases that are not warrant cases. Summons cases are punishable with a fine or imprisonment of less than two years. Summons cases are triable only by Magistrate.
Under summons cases, it is not necessary to frame the charge in writing, stating the substance of the offence to the accused is enough. The particulars of the offence of which the person is accused are stated to him.KEEP READING
What is Delegated Legislation
2021-05-27
Legislation is either supreme or sub-ordinate. The law legislated by the administration with the powers given by the legislature is delegated legislation.KEEP READING
Accident as a General Exception – Section 80 IPC
2021-05-26
An accident is a sudden unintended act or an act by chance without any apparent cause. It is considered a defence under criminal law. The principle revolves around the theory that when a person does not have mens rea, which is an essential element of a crime, he can’t be held liable for such an act.
Section 105 of the Indian Evidence Act, 1872 says that if a person alleges that his act was an accident and not a crime with the intention, then the burden of proof lies upon him to establish that his case falls under a general exception, namely accident as per section 80 of the Indian Penal Code.KEEP READING
Necessity as General Exception – Section 81 IPC
2021-05-25
A necessity in a general sense can be said to be the state or fact of being required. When a person commits a crime or any harm to any person or property to prevent or avoid more significant harm than what has been caused by him, the defence of necessity is applied.
This section incorporates a principle whereby a person is excused from doing lesser harm to prevent or avoid greater harm. You can understand necessity as an exception to IPC from section 81 (Chapter IV, General Exceptions).KEEP READING
Infancy as a General Exception – Section 82 and 83 IPC
2021-05-24
A child is considered innocent, and any wrongful act done by a child cannot be said to be a crime or an offence as it lacks mens rea (guilty mind).
This section follows the principle of doli incapax, which provides that a child is considered incapable of forming the intent to commit a crime or tort. This can be understood briefly from section 82 and section 83 of IPC. Let me explain what this is and make it easy for you.KEEP READING
Kinds of Guardianship in Muslim Law and Minor’s Property
2021-05-22
Muslim Law recognises three kinds of guardianship:-
1. Guardianship in marriage (Jabar)
2. Guardianship of body of the minor (Hizanat)
3. Guardianship of property (Walayat-i-mal).KEEP READING
What is Dower or Mahr in Muslim Law
2021-05-18
Dower or Mahr is a sum of money that a husband pays to his wife on marriage. According to Mulla, “It is an obligation imposed upon the husband as a mark of respect to the wife.”
The concept of Dower worked as a sense of security to the wife. If in case husband abandons the wife or compels her to move out, the amount of Dower becomes the source of her livelihood.KEEP READING
5 Ways of Acquiring Citizenship of India
2021-05-18
The citizenship of India can be acquired in 5 ways. They are: 1. By Birth. 2. By Acquisition or Incorporation of Territory. 3. By Descent. 4. By Registration. 5. By Naturalization.KEEP READING
Election Commission – Formation, Powers and Case Laws
2021-05-17
Article 324(2) of the Constitution states that there shall be one Chief Election Commissioner and as many numbers of Election Commissioners.KEEP READING
Understanding Section 34 and Section 149 of IPC
2021-05-17
Section 34 and 149 of Indian Penal Code are substantive in nature as they do not provide any punishment. Which one is graver? Section 302/34 or 302/149?KEEP READING
Judicial Acts as a General Exception – Section 77 and 78 IPC
2021-05-11
The judicial act is an act that is derived from the ordinary exercise of judicial powers within the reasonable and appropriate jurisdiction.
Anything done while acting judicially is not an offence under the Indian Penal Code. Judicial acts as a general exception can be better understood from section 77 and section 78 of IPC.KEEP READING
What is Common Intention – Section 34 IPC
2021-05-10
Section 34 of the Indian Penal Code lays down the principle of joint criminal liability.
Common intention is a pre-arranged plan or prior meeting of minds before the commitment of the act. ‘Common’ means something which everyone has in the same proportion. Their object, motive, or target is common.KEEP READING
Mistake as a General Exception under IPC
2021-05-07
Section 76 deals with cases where the person under a mistake considers himself to be compelled or bound by law to act in a particular way. Although his act is a crime on the actual condition of the facts.
On the contrary, section 79 deals with cases where a person under the mistake considers himself to be simply justified or excused by the law to act in a particular way.KEEP READING
