Criminal Major Acts

Introduction

This document allows one to decode the BARE ACTS for better understanding.

Disclaimer

This document is for educational purposes only and not for any other purpose except for understanding of the BARE ACTS.
Names and examples used are for educational purposes only.
There may be spelling mistakes and proofreading has not been done.
This document is an extension of rough notes taken in class
The document is not intended to be a comprehensive guide and should not be relied upon as the sole source of information.
The document is not a substitute for professional advice or expert analysis and should not be used as such.
The document does not constitute an endorsement or recommendation of any particular technology, product, or service.
The reader assumes all responsibility for their use of the information contained in this document and any consequences that may arise.
The author disclaim any liability for any damages or losses that may result from the use of this document or the information contained therein.
The author and publisher reserve the right to update or change the information contained in this document at any time without prior notice.

Acknowledgments

Respective BARE ACTS were used as references in preparing this document.
Thanks to the professor for sharing knowledge and references used in this document.

01 THE INDIAN PENAL CODE, 1860 [IPC]

02 THE CODE OF CRIMINAL PROCEDURE, 1973 [CRPC]

03 THE HINDU MARRIAGE ACT, 1955 [HMA]

04 THE CODE OF CRIMINAL PROCEDURE, 1973 [Continuation] [CRPC]

05 THE INDIAN EVIDENCE ACT, 1872 [IEA]

06 THE CODE OF CIVIL PROCEDURE, 1908 [CPC]

07 THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 [DVA]

08 THE TRANSFER OF PROPERTY ACT, 1882 [TPA]

09 THE INDIAN EASEMENT ACT, 1882 [IEA]

10 THE LIMITATION ACT, 1963 [LIA]

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#LAW :Coaching Class : Criminal Major Acts :

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16 Jul

Daily One Law Word :

Amicus curiae

An amicus curiae literally means "friend of the court". He is someone, who is not a party to a case. But who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision whether to consider an amicus brief lies within the discretion of the court.

Learn Daily One Advocacy Rule :

An Advocate is not a friend to another Advocate. They both are mere competents to each.

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17 July

Daily One Legal Word :

Habeas Corpus

Meaning - "we, a Court, command that you have the body of the detainee brought before us" .

Habeas Corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

The writ of habeas corpus is known as the "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus.

Daily One Advocacy Rule :

Free Advice Never Feeds Advocate

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18 July

Daily One Legal Word :

Quid pro quo :

"something for something". It is used in English to mean an exchange of goods or services, in which one transfer is contingent upon the other; "a favor for a favor".

Phrases with similar meanings include - "give and take", "tit for tat", "you scratch my back, and I'll scratch yours", and "one hand washes the other".

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In common law, quid pro quo indicates that an item or a service has been traded in return for something of value, usually when the propriety or equity of the transaction is in question. A contract must involve consideration: that is, the exchange of something of value for something else of value. For example, when buying an item of clothing or a gallon of milk, a pre-determined amount of money is exchanged for the product the customer is purchasing; therefore, they have received something but have given up something of equal value in return.

Daily One Advocacy Rule :

Be a defence lawyer to your own client, while getting information from him about the case.

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19 July

Daily One Legal Word :

Audi alteram partem

It is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well".

It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

Daily One Advocacy Rule :

Sharing your Law Knowledge to others is the biggest SIN in Advocacy.

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THE INDIAN PENAL CODE, 1860

IPC : IPC 1860

IPC Sec 1 : Title and extent of operation : only for india and except the State of Jammu and Kashmir

What is penal : punishment

Check in google :

Ranbir Penal Code for jammu and kashmir

IPC Sec 18 : India : definition of INDIA

IPC Sec 3 : Punishment of offences committed beyond, but which by law may be tried within INDIA

British wanted India not to understand LAW and hence it was not written in simple English ; so it will be easy to confuse and control the freedom fighters. Divide and conquer them.

e.g. - The honeymoon couple went to Sri Lanka and due to a quarrel he killed the wife and came back to india.

Now can we file a case in INDIA?

solution: Suo Motto indian government will file a case

If there is any multiple meanings and not in simple English- there will be

-- explanation to clarify them and for understanding.

-- exceptions will be given in certain sections.

Legal Terms

Major Act Applicable in Entire India.

Minor Law is applicable for local government.

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20 July : Monday

Daily One Legal Word :

Prima facie

It is a Latin expression which means,

- on its first encounter

- at first sight

- at first face

- at first appearance

- at first view

The term prima facie is used in modern legal English language (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case.

Prima facie denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact.

Daily One Advocacy Rule :

Never take a case which you cannot win.

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**Definition of CRIME is not in IPC

What is Crime? offences or acts forbidden :-

Crime is an act which is prohibited by law. Maybe an omission of an act. Must be an injury to others.

**Offence is defined under sec 40.

sec 40. “Offence”:– Except in the Chapters and Sections mentioned in Clauses 2 and 3 of this Section, the word “offence” denotes a thing made punishable by this Code. the word “offence” denotes a thing punishable under this Code, or under any special or local law as hereinafter defined

**- is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.

Local Law : made by states

** whether with or without fine: discretionary power of the Judge

** six months or upwards - means: The Judge has to give a minimum of 6 months and cannot reduce less than 6 months.

IPC 41. “Special law”:–

A “special law” is a law applicable to a "particular subject."

e.g: Subject or content :- whoever sends this video of Gujar community sent to other people is punishable - passed special law by government.

IPC 42. “Local Law” :-

A “Local Law” is a law applicable only to a particular "part of India."

IPC 43. “Illegal”; “legally bound to do:-

The word “illegal” is applicable to everything which is an offence or which is prohibited by law

** "furnishes ground" means:- providing provision or helping the person to commit the offence.

if a husband is harassing the wife and the court gives order not to harass. Now he is “legally bound to do” not to harass the wife. now whatever it is illegal in him to omit

IPC 44. Injury :

any harm illegally caused to any person, in body, mind, reputation or property

causing Harm illegally - person/ body/ mind/ reputation

IPC 45. Life :

The word “life” denotes the life of a human being,unless the contrary appears from the context.

unless the contrary - means contradiction

in general life means - human life

unless the contrary - here life can be changing with the subject.

e.g Dog is dead in an accident- files he has taken the life of my dog. Here life is only about the dog not about the human.

Life of the building is not upto the market and poor.

IPC 46. Death :

The word “death” denotes the death of a human being unless the contrary appears from the context.

unless the contrary appears from the context.: - here the context will change with subject - human / animal/ buildings

IPC 53. “Punishments”

Secondly:– Imprisonment for life = here the life context means human

Legal Terms

** "List of the definitions must be read before entering into sections"

IPC 47. “Animal”:–

The word “animal” denotes any living creature, other than a human being

e.g :- birds are also an animal according to the above definitions.

Legal Terms:

use the legal terminologies and will create impact on the Judges

All the judges will wait for the respect and they will not act until you show to respect"

IPC 48. Vessel :

denotes anything made for the conveyance by water of human or property

IPC 49. “Year”, “Month" :-

to be reckoned according to the British calendar.

IPC 50. “Section” :-

denotes one of those portions of a Chapter of this Code which are distinguished by "prefixed numeral figures."

IPC 51. Oath :

The word “Oath” includes a "solemn affirmation" substituted by law for an oath,

solemn affirmation means = : Formal confirmation

Witnesses once they enter the court, would be asked to take an oath.

Legal Term

Affidavit: I hereby declare that the above information is true to my knowledge. = this is the

IPC 52. “Good faith”:–

Important point

"without due care and attention."

Good faith :- Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention

e.g.: Act which is done with due care and attention is good faith

IPC 52A. Harbour : Important section :

Harbour”:– the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or assisting a person by any means.

Except in Section 157, and in Section 130 in

the case in which the harbour is given by the wife or husband of the

person harboured = Means when the husband escapes and reaches his home and wife harbours or accepts him. The wife cannot be punished.

e.g when you are offering food to veerappan aid - the person will be punished

IPC 157. Harbouring persons hired for an unlawful assembly.

IPC 158. Aiding escape of, rescuing or harbouring such prisoners.

**// why IPC is not applied in Jammu and kashmir : according to sec 18 except Jammu & kashmir - INDIA definition is provided.

sec 4. Extension of Code to extra-territorial offences :

4(1)= "any citizen of India" in any place without and beyond India

4(2)= any person on any ship or aircraft "registered in India" wherever

it may be.

4(3)= committing offence "targeting a computer resource" "located in India"

Difference B/w Section and clause

the expression "computer resource" shall have the meaning assigned to it in clause (k) of sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000)]

Here clause (K) means : why is it called a clause because "alphabet" is used. This is the difference between Section and clause.

section defined in 50. “Section” :- denotes one of those portions

of a Chapter of this Code which are distinguished by "prefixed numeral

figures."

sec 14 Servant of Government”:– and sec 21 Public Servant

sec 14 :

continued, appointed or employed in India by or under the authority of Government.

e.g pune or helper appointed by the collector.

17. “Government

18. “India”:–

IPC 19. “Judge :

not only every person who is officially designated as a Judge, but also every person,

IPC 20. “Court of Justice”:–

a Judge who is empowered by law to act judicially alone, or a body of judges

IPC 21. “Public Servant" : -

Every public servant is a servant of the government or vice versa. to become a public servant there are 11 categories

Second:–

Every Commissioned Officer in the Military, Naval or Air Forces of India

Third:–

Every Judge, including any person empowered by law to discharge,whether by himself or as a member of any body of persons, any adjudicatory functions

E.g = means who can pronounce the judgment.

Fourth:–

Every officer of a Court of Justice 10[(including a liquidator, receiver or commissioner)] whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court of Justice to perform any of such duties;

E.g Every Officer of a Court of Justice

Fifth:–

Every juryman, assessor, or member of a "panchayat assisting" a Court of Justice or public servant;

Sixth:–

Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;

E.g Every arbitrator

Seventh:

Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

E.g to place or keep any person in confinement --is jailor

Eighth:

Every officer of 1[the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

E.g to bring offenders to justice, or to protect the public health, safety or convenience = police

Ninth:

Every officer whose duty it is as such officer, to take, receive, keep or expend any property on behalf of 1[the Government], or to make any survey, assessment or contract on behalf of 1[the Government], or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of 1[the Government],

E.g any property on behalf of the Government,

Tenth:

Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

E.g of any village, town or district, or to make, authenticate or keep any document

Eleventh:–

revise an electoral roll or to conduct an election or part of an election;

Twelfth:

(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;

(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956).]

E.g : (a) Corporation , (b) Municipality

Illustration

A Municipal Commissioner is a public servant.

IPC 22. “Moveable property”:–

except land and things attached to the earth or permanently fastened to anything

**// important sec 23, 24, 25 & 26

IPC 23. “Wrongful gain”:–

is gain by unlawful means

e.g. bank manager vacates the owner due to unfull pay of dues. Now the manager is using the flat. Now the manager has got a wrongful gain. and the owner now has wrongful loss when he is legally entitled.

“Wrongful loss”

IPC 24. “Dishonestly" -

Whoever does anything with the intention of

causing wrongful gain or wrongful loss.

"No concept of hiding the facts"

e.g. The bank manager, when providing a loan, doesn't have any idea to do fraud. After the customer doesn't pay the emi's then manager

IPC 25. “Fraudulently” :

means Primary intention or idea is to commit fraud.

E.g. 1 person in chits : introduced a new scheme to invest 1000 rupees and get back 10000 rupees by a year. Now after collection from 1 lakh people, the office disappears. Main intention is to fraud or the idea of fraud.

"Here is the concept of lying or hiding facts".

E.g. Already married and creates a profile and provides as unmarried.

IPC 26. “Reason to believe”:–

“reason to believe” a thing, if he has sufficient cause to believe that thing "but not otherwise"

e.g. two people who are staying and one is dead and all doors & windows are closed from inside, then it is "Reason to believe".

e.g.

IPC 29. “Document”:–

"as evidence of that matter"

-any matter expressed or described upon any substance

-by means of letters, figures or marks, or by more than one of those means.

IPC 31. “A will”:–

The words “a will” denote any "testamentary document"

testamentary :

**// Important section 34 . common intention Vs 149. common object

IPC 34 . common intention :

When a "criminal Act" is done by several persons.

e.g: 4 persons : one stabs the person, another holds the mouth, other closes the doors and fourth ties the person. Here all have common intention

- here every person must act here.

IPC 149. common object:-

Every member of unlawful assembly guilty of offence committed in prosecution of the common object

Means: you are member of an unlawful assembly

- here not every member needs to act , but present with the assembly.

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21 July Tuesday

Daily One Legal Word :

Qui facit per alium facit per se

It is a Latin legal term that means, "He who acts through another does the act himself."

It is a fundamental legal maxim of the LAW OF AGENCY.

It is a maxim often stated in discussing the liability of an employer for the act of an employee in terms of vicarious liability.

According to this maxim, if in the nature of things, the master is obliged to perform the duties by employing servants, he is responsible for their act in the same way that he is responsible for his own acts.

Daily One Advocacy Rule :

Advocate must speak less and think more.

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22 July wednesday

IPC sec 1: Title and extent of operation of the Code

IPC sec 2 : "not otherwise"

"Which he shall be guilty within India."

IPC Sec 3 & 4 : when offence committed outside INDIA

E.g when passengers during flight who commit offences over flight journey, will be brought back to INDIA

IPC sec 5: Certain laws not to be affected by this Act :-

any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service :- they will be punished under Military laws not under IPC

IPC Sec 6: understood subject to exceptions:

IPC sec 7: Sense of expression once explained :

e.g "murder" is defined in sec-300, then wherever the word "murder" is repeated, must be referred with sec-300. same for every other word.

IPC sec 8: the pronoun “he”and its derivatives -

[his & him] means- refers to whether male or female. There is no separate word "SHE" is used.

IPC sec 9: Unless the contrary appears from the context

= Means unless there is change from the normal meaning [ here number(s)], the context won't change.

IPC // Important sections in IPC//

3,4, 8,11,

21,24,25, 34, 53,

76 to 106,

107, 108,

120A,120B, 121,121A, 124A,

131, 132,

141,142,143, 146,147, 148, 149, 153A, 153AA, 153B, 159, 160,

166, 166A, 166B,

191, 192, 193, 201, 212, 268, 274,

299 to 311,

319 to 326B,

336 to 342,

349 to 354D,

359 to 363,

370,

375 to 384,

378 to 384, 390 to 396,

399, 402,

403,404,

405, 406, 409,

410, 411,

415, 416, 417, 420,

425, 426, 429, 430, 431, 436,

441 to 448,

455, 463, 464, 465, 493 to 502 , 503, 506, 509 & 510.

IPC //Case laws//

1. who is a public servant. to test the public servant - these are the guidelines published in the judgement.

"AR Antulay Vs RS Nayak" - google the case & understand.

*- India doesn't allow dual citizenship : - e.g. when a person gets a GREEN CARD, he automatically loses Indian citizenship. He is referred to as NRI.

e.g. when a person travels to chicago, an NRI holder. While he is on air over the African nations commits a crime. He will be tried under "sec 4 -Extension of Code to extra-territorial offences"

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23 July Thursday

Daily One Legal Word :

Actus Non Facit Reum Nisi Mens Sit Rea

Meaning: An act does not make anyone guilty unless there is a criminal intent or a guilty mind.

It explains to us that for any act to be illegal in nature, it must be done with a guilty mind.

Daily One Advocacy Rule :

Learn only the Procedures in the court from a Senior Lawyer but not Law.

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IPC Exceptions : sec 76 to 106.

76. Act done by a person bound by law - [mistake of Fact]

77. Acting judicially -[Judicial facts]

78. Act done pursuant in order or judgement of court -[Judicial facts]

79. Act of a person justified or believing justified by law - [mistake of Fact]

80. ACT Caused by accident

81. act likely to cause harm done without criminal intention, to prevent other harm.

82. Act of a child under 7 yrs.

83. act of a child above 7 yrs under 12 yrs but of immature understanding.

84. act of a person of a unsound mind

**85 and 86 - act of an intoxicated person.

87. Act not known to be likely to cause death or grievous hurt done by the consent of the sufferer.

88. Act not intended to cause death done by consent of the sufferer, in good faith for his benefit.

89. act done in good faith for the benefit of the child or insane person by or by the consent of the guardian

90. Consent given under fear or misconception

91. execution of independent offences

92. Act done in good faith for the benefit of a person without consent.

93. Communication made in good faith to a person for his benefit.

94. Act done under threat.[ except Murder & agaist State]

95. Act causing slight harm.

IPC **96 to 106 - Right of Private defence. [RPD]

96. Act done in the exercise of right of private defence is not an offence.

97. Right of private defence of the body & property of your's & another.

98. Right of private defence against unsound person.

99. No private defence where there is [no apprehension of] death or grievous hurt.

100. Right of private defence of the body extends to cause death.

101. Right of private defence extends to other harm than death.

102. Commencement and continuance RPD of the body starts by reasonable apprehension[expectation] of danger. {apprehension means expectation}

103. Right of private defence [RPD] of property extends to death.

104. Right of private defence [RPD] of property extends to other harm than death.

105. Commencement and continuance RPD of property starts by reasonable apprehension[expectation] of danger.

106. Using RPD against deadly assault with risk of causing harm to innocent person.

IPC General exceptions can be categorised in to following 7 categories

IPC Shortcut to remember classifications

MJ AAA TP - Short to remember classifications

M - Mistake of fact [76,79]

J - Judicial facts [77,78]

A - Accidental acts [80

A - Absence of criminal intention [81 - 86, 92 - 94 ]

A - Acts done with consent [87 - 91]

T - Trifling Acts [95]

P - Private defence [96 - 106 ]

****_ ****

Actus reus - means "Guilty act"

Mens rea- means "Guilty intention "

What is a crime - is not defined in IPC, Offense is defined in IPC Sec 40

- Crime is an act of commision or omission or prohibited by law.

- Every crime is punishable under law.

- Criminal acts will be penal in nature. where as civil is remedial in nature; means No civil act can be punished and Criminal act is always punished.

E.g.

For Practising criminal lawyer: how can you save your client?

- My client does not have guilty intentions.

- prove that there is no "Mens rea"

- the murder or acquist when doesn't has "Mens rea"

E.g.

- Kamal murdered B with a knife.

- The result is the death of Raj.

- Here what is Actus reus is death.

- Kamal, is he having Mens rea [ guilty intention / idea] ?

- if you have criminal idea then only you will do criminal act

When one has "Mens rea" and "Actus reus" is done.

"Actus reus" is the result of "Mens rea"

****_ ****

"Actus Non Facit Reum Nisi Mens Sit Rea

Meaning: An act does not make anyone guilty unless there is a criminal intent or a guilty mind.

It explains to us that for any act to be illegal in nature, it must be done with a guilty mind."

****_ ****

Legal Terms

Stages Of Crime

Intention - "Mens Rea"

commision - "Actus Reus"

**// Case related to Doctrine of "Mens rea"

R vs Prince

R vs Tolson

Homework - look at these cases and understand and explain them.

scenarios :-

1. i get a idea myself to murder

2. gettings idea from others to murder, encouraging to do criminal act is a criminal act is an offence

IPC 107. Abetment of a thing

- First :– Instigates [ means initiating]

- Secondly :-conspiracy [means planning something, secretly planning unlawful act],

Pursuance of that conspiracy - means action of the conspiracy

- Thirdly :– Intentionally aids - means helping

IPC 108. Abettor

IPC 109. Punishment of abetment

IPC 306. Abetment of suicide :-

whoever abets the commission of such suicide. Then a term which may extend to ten years, and shall also be liable to fine.

Which may extend 10 yrs = means, upto 10 max not more than that.

IPC 53. “Punishments”

there are only 5

First:– Death; - means “death needs to get confirmation from the high court.”

Secondly:– Imprisonment for life; means “ will live in jail till natural death.”

Thirdly:– [Repealed by Act XVII of 1949];

Fourthly:– Imprisonment, which is of two descriptions, namely:–

(1) Rigorous, that is, with hard labour,

(2) Simple; menas “ you are not made to work hard- you get 3 time food, library.”

Fifthly:– Forfeiture of property; means “pay back the money, until then forfeiture of the property otherwise property will be sold in auction.”

Sixthly:– Fine. means- “least punishment, no imprisonment when paid in court. Until payback of the amount, simple imprisonment is done. ”

****_ ****

"vicarious liability"

E.g. If there is a person in INDIA, Chennai. Appointed an agent. An Agent will work on behalf of the principle. if agent did something the principal is liable

- you are bound by the law by acts of the other

"vicarious liability" means - A person is bound by law by the acts of others.

e.g. relationship b/w Master and servant.

- "vicarious liability" does not apply when the Agent has acted exceeding his powers.

- e.g. when A rents the house, he appointed B as an agent to collect rents og the flats. Some are not paying rents. Now B has got rowdies and disposed from the flats.

- case is filed on B - agent . here the only power is given to collect the rent. now the agent has exceeded his limits, he is personally liable.

- when the servant acts within the given powers he is not liable. only the master is liable of the arriving consequences

Daily One Legal Word :

Qui facit per alium facit per se

It is a Latin legal term that means, "He who acts through another does the act himself."

It is a fundamental legal maxim of the LAW OF AGENCY.

It is a maxim often stated in discussing the liability of an employer for the act of an employee in terms of vicarious liability.

****_ ****

IPC 120-A. Definition of criminal conspiracy:–

When two or more persons agree to do, or cause to be done,

Explanation:– It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

Immaterial- here Means,

E.g - collector is leaving the office by car, you started throwing the stones. One stone broke the glass and injured the eye. Your only intention is to show unhappiness, but not to injure him.

this is not the accident-

an act which is not illegal by illegal means : fighting for your rights is legal and throwing stones is illegal. Now planning for that act is also criminal.

IPC 120-B Punishment of criminal conspiracy ;-

Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence

imprisonment of either description : means, rigorous or simple punishment.

Just mere planning [criminal conspiracy] to kill the CM/ PM/ Wife/ a person, is criminal conspiracy and is an offence.

imprisonment for life or rigorous imprisonment : here “or” means either can apply

IPC 302 : Punishment for murder

imprisonment for life, and shall : here “and” means both are compulsory

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24 Jul Friday

Daily One Legal Word :

Quantum meruit – What one has earned.

Or it means, The amount he deserves. In other words, A reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated (specified, written down) in a legally enforceable contract.

Daily One Advocacy Rule :

Never Lie To Your Own Client

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25 Jul saturday

Daily One Legal Word :

Alimony

A husband’s (or wife’s) provision for a spouse after separation or divorce; maintenance.

Alimony refers to court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement. The reason behind it is to provide financial support to the spouse who makes a lower income, or in some cases, no income at all.

Daily One Advocacy Rule :

Advocate must be always updated in terms of Law

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26 Jul sunday

Daily One Legal Word : Legal English

It is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features, aimed to achieve consistency, validity, completeness and soundness, while keeping the benefits of a human-like language such as intuitive execution, complete meaning and open upgrade.

However, Legal English has been referred to as a "sublanguage", as legal English differs from ordinary English. A specialized use of certain terms and linguistic patterns governs the teaching of legal language.

Thus, "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other".

Daily One Advocacy Rule :

Never speak about the weaknesses of one Advocate, before the other Advocate.

Whatever facts you know about other Advocates, just behave unknown about them. Be like an ocean, keep everything within you, don't let them come out.

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27 Jul Monday

Daily One Legal Word :

Ignorantia Facti Excusat

It is a Latin legal maxim which means, " ignorance of a fact is an excuse ".

Any act done under a mistaken impression of a material fact is excused. Acts and contracts made under a mistake or an ignorance of a material fact are voidable.

Daily One Advocacy Rule :

Never depend upon the witnesses of your case, instead rely on the weaknesses of the Defence case.

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IPC Shortcut for Punishments

IPC Theories of punishment [DPRRE]

D - Deterrent theory

P - Preventive theory

R - Retributive theory

R - Reformative theory

E - Expiratory theory

Deterrent theory - to prevent/stop the offender from committing the crime again.

Preventive theory: the criminals will stay away from the society

Retributive theory: a wrong-doer suffers the same quantity of injury

Reformative theory: Criminal behaviour is like a disease and it must be treated.

Expiatory theory: victim must be compensated by the wrong-doer

Theories of punishment <PDF Content> <Start>

DPRRE

D - Deterrent theory

P - Preventive theory

R - Retributive theory

R - Reformative theory

E - Expiratory theory

Deterrent theory:

deter means to abstain/stop. Deterrent punishments are severe punishments

intended to prevent/stop the offender from committing the crime again . By severe

punishments, the persons will fear and abstain from criminal behaviour. In this way, the crime

rate may be decreased.

Preventive theory:

This theory believes that " Prevention is better than cure ". All the criminals

are kept at a long and very far distance from the society, so that peace may prevail in the

society and the criminals will stay away from society . Under this theory also, the criminals are imposed with severe punishments.

Retributive theory:

This theory believes in " A tooth for a tooth, An eye for an eye ". By this

theory, a wrong doer suffers the same quantity of injury and harm which the victim suffered.

It pays the correct and actual return to the crime. Still now, Mostly the Islamic countries follow

this system and hence there are very less crimes in those countries compared to the rest of the

world.

Reformative theory:

This theory believes that " No one is born a criminal ". A criminal is a

product of social and economical circumstances. Because of the differentiation between the rich

and poor in the society, mostly the poor people will be involved into crimes to fulfill their needs,

requirements and desires. Criminal behaviour is like a disease and it must be treated.

Every Government must take certain reformative steps and measures to help the the poor

people.

Expiatory theory:

Expiation means the " act of compensation". Whenever a criminal harms the other person, the victim must be compensated by the wrongdoer. Under this theory, the criminal is punished economically and the court passes an award of compensation payable by

the criminal to the victim.

Generally, it depends upon the government of each country to adopt and implement a particular

type of theory of punishment. One country may adopt more than one type of punishment theory.

According to the need, requirement and severity of crime rate in a country, the governments will

adopt different types of punishment theories in law of that country, to bring the peace in the

Society. >

MISTAKE OF FACT & MISTAKE OF LAW (Section 76 & 79)

what is a mistake : A conscious ignorance or forgetfulness of a fact, material to the contract.

The fact may be past or present.

Mistake of fact : A mistake which takes place when some fact which really exists is unknown.

Mistake of law : A mistake of law occurs when a person is having full

IGNORANCE OF FACT IS AN EXCUSE

BUT IGNORANCE OF LAW IS NOT AN EXCUSE

“ignorantia facti excusat ignorantia juris non excusat”

MISTAKE OF FACT & MISTAKE OF LAW (Section 76 & 79)

what is a mistake : A conscious ignorance or forgetfulness of a fact, material to the contract.

The fact may be past or present.

Mistake of fact : A mistake which takes place when some fact which really exists is unknown.

Mistake of law : A mistake of law occurs when a person is having full knowledge of facts but

has an erroneous conclusion about the legal effects of the contract.

IGNORANCE OF FACT IS AN EXCUSE

BUT IGNORANCE OF LAW IS NOT AN EXCUSE

“ignorantia facti excusat ignorantia juris non excusat”

It means 'ignorance of fact excuses, ignorance of law does not excuse'. It is found to be harsh

by some jurists but it is believed that this helps compel people to abide by the law which would

otherwise encourage ignorance.

This legal principle tells us that a person who is unaware of a law may not escape from his

liability for violating the law, merely because he was unaware of its content.

The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal

offenses or a subject of a civil lawsuit would merely claim that one was unaware of the law in

question to avoid liability, even if that person really does know what the law in question is.

Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how

transiently. Even though it would be impossible, even for someone with substantial legal

training, to be aware of every law in operation in every aspect of a state's activities, this is the

price paid to ensure that willful blindness cannot become the basis of exculpation.

Thus, it is well settled that persons engaged in any undertakings outside what is common for a

a normal person will make themselves aware of the laws necessary to engage in that undertaking.

If they do not, they cannot complain if they incur liability.

<Stop><PDF Content

Of offences against Property

Of theft

IPC 378. Theft:–

Whoever, intending to take dishonestly [sec24] any movable property.out of the possession of any person without that person’s consent, is said to commit theft.

E.g Theft can happen only with moveable property.

E.g Theft - moves in secret way and gets wrongful gain

Of Extortion

IPC 383. Extortion:–

Whoever intentionally puts any person in fear of any injury and thereby dishonestly to deliver any which may be converted into a valuable security, commits “extortion”

IPC 379. Punishment for theft:–

Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

IPC 384. Punishment for extortion:–

Whoever commits extortion shall

be punished with imprisonment of either description for a term which may

extend to three years, or with fine, or with both.

IPC 379 & 384 : Punishment

Punishment for theft & Punishment for extortion :- either description extend to three years

Of Robbery and Dacoity

IPC 390. Robbery:–

In all robbery there is either theft or extortion.

When theft is robbery:– voluntarily causes or attempts to cause any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery:– person in fear of instant death, or instant hurt to that person, or to some other person,

IPC 391. Dacoity :-

When five or more persons conjointly commit or attempt to commit a robbery

IPC 392. Punishment for robbery:–

be punished with rigorous imprisonment for a term which may extend to ten years if the robbery is committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

IPC 395. Punishment for dacoity:–

Whoever commits dacoity shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

IPC 399. Making preparation to commit dacoity:–

Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also [shall means both] be liable to fine.

IPC 395 & 399 : Punishment

Punishment for dacoity & Making preparation to commit dacoity : rigorous imprisonment ten years

IPC 402. Assembling for purpose of committing dacoity :

shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment

Image:- Offences Against Property

Image: summarized distribution b/w theft, extortion, robbery & dacoity

Of wrongful restraint and wrongful

confinement

IPC 339. Wrongful restraint:–

Whoever voluntarily obstructs any person

so as to prevent that person from proceeding in any direction in which

that person has a right to proceed, is said wrongfully to restrain that person

E.g. One direction is stopped in wrongful restraint.

IPC 340. Wrongful confinement:–

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.

E.g. When locked up in the room- can't move in any direction is Wrongful confinement

IPC 341. Punishment for wrongful restraint

shall be punished with simple imprisonment

may extend to one month, to five hundred rupees

IPC 342. Punishment for wrongful confinement

hall be punished with imprisonment of either description

for a term which may extend to one year, or one thousand rupees

IPC 343. Wrongful confinement for three or more days

either description for a term which may extend to

two years, or with fine, or with both.

IPC 344. Wrongful confinement for ten or more days:

with imprisonment of either description for a term which may extend to

three years, and shall also be liable to fine.

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28 July Tuesday

Daily One Legal Word :

ALIMONY

Alimony, also known as “spousal support” or “spousal maintenance,” refers to the obligation of an individual to provide their spouse with financial support after a separation or divorce.

Traditionally, alimony was the sole obligation of a husband, but in modern times, wives can be responsible to pay support to their husbands, especially in cases where her income is considerably higher than his.

Daily One Advocacy Rule :

Never share your weaknesses and problems in life with anyone, who works within a court.

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IPC 349 : Force :

A person is said to use force to another if he causes

motion, change of motion, or cessation of motion to that other--

contact with any part of that other’s

body, or with anything which that other is wearing or carrying

E.g. when a woman is driving and person B takes a stick and hits the woman's bag and the bag drops down. He has stopped her and created fear in her. Here her motion is stopped and fear is created without touching physically, but using substances, but not causing any injury. No other intention.

IPC 350: Criminal Force:

Whoever intentionally uses force to any

person, without that person’s consent, in order to the committing of any Offence; likely that by the use of such force he will cause injury, fear or annoyance

E.g. : (a) Z is sitting in a moored boat on a river [ moored means tied]; likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.

E.g. (b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes

them to quicken their pace. Here A has caused change of motion to Z

by inducing the animals to change their motion. A has, therefore, used force

to Z; and if A has done this without Z’s consent, intending or knowing

it to be likely that he may thereby injure, frighten or annoy Z, A has used

criminal force to Z.

CRIMINAL FORCE : means there will be “no consent” and “intention to cause harm”

IPC 351. Assault:–

Whoever makes any gesture, it to be likely that such gesture

he who makes that gesture

or preparation is about to use criminal force to that person, is said to

commit an assault.

ASSAULT : means before the ACT only the justure.

Explanation:– Mere words do not amount to an assault

E.g (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z.

Now coming to sec 141 : An assembly of five or more persons is designated an “unlawful assembly”

First:– To overawe by criminal force, or show of criminal force,

Overawe : means - dominating in behaviour

Second:– To resist the execution of any law. [ Bringing law in to force or motion]

E.g Covid19 : after 11pm non one is allowed. Now the police stop the person. The police are the one who brings the law in motion.

Third:– To commit any mischief or criminal trespass, or other offence

IPC 425. Mischief:–

with intent to cause, or knowing that he is likely to cause, wrongful loss or damage.

Here only there is only wrongful loss not any wrongful gain.

IPC 441. Criminal trespass:–

Whoever enters into or upon property in the possession of another; with intent to commit an offence or to intimidate, insult or annoy any person.

Trespass : entering ounces property

Fourth:– By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession

Incorporeal : does not have any body or shape.

Fifth:– By means of criminal force compel any person to do what he is not legally bound to do.

E.g criminal trespass is a definition

Of offences against the Public Tranquility

IPC 143. Punishment:–

Whoever is a member of an unlawful assembly,

shall be punished with imprisonment of either description for a term which

may extend to six months, or with fine, or with both.

IPC 142. Being member of unlawful assembly:–

Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally

joins that assembly, or continues in it, is said to be a member of an unlawful assembly.

There must be unlawful assembly, to get their common object done.

IPC 34. Acts done by several persons in furtherance of common intention:–

When a criminal Act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

When a criminal Act is done by several persons: means there is no restriction of number - 2 person or 3 person or 4 or 5 or any .

34 alone is not an offence.

Common intention : everyone wants to kill him and die on the spot

Similar intention : Your intention is to do grievous hurt, suffer and after die later in hospital

Common Object : can happen only when “Unlawful assembly happen”

IPC Common Intention & Common Object - PDF <--PDF LINK

IPC 141. Unlawful assembly:–

An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the

persons composing that assembly is,–

First: - To overawe by criminal force, or show of criminal force

IPC 141. Unlawful assembly —

An assembly of five or more persons is designated an “unlawful assembly“, if the common

object of the persons composing that assembly is—

First – To overawe by criminal force, or show of criminal force, the Central or any State

Government or Parliament or the Legislature of any State, or any public servant in the exercise

of the lawful power of such public servant; or

Second – To resist the execution of any law, or of any legal process; or

Third – To commit any mischief or criminal trespass, or other offence; or

Fourth – By means of criminal force, or show of criminal force, to any person, to take or obtain

possession of any property, or to deprive any person of the enjoyment of a right of way, or of the

use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce

any right or supposed right; or

Fifth – By means of criminal force, or show of criminal force, to compel any person to do what

he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation – An assembly which was not unlawful when it assembled, may subsequently

become an unlawful assembly.

From this section we can say that, to constitute an unlawful assembly the following

ingredients is necessary –

● There should be an assembly of five or more persons.

● There must be a common object for them.

● Common object must be one of the five ingredients, specified in the above section.

● When the number of the persons reduces from five for trial for the reason that some

were acquitted for the charges then the s. 141 will become inapplicable. But if there is

clear indication that some other unidentified persons are involved in the crime then this

section can be applied.

DIFFERENCE BETWEEN COMMON INTENTION AND COMMON OBJECT

Both Section 34 and s.149 imposes vicarious liability on each person for acts not necessarily

done by them. However, there is a difference in the scope and nature of operation of the two

offences. The charge of s.149 is substituted by s.34 of IPC, especially when some accused are

acquitted and number of the accused falls below five. In this case the court would have to

carefully examine the evidence to see whether some element of common intention exists for

which he can be made liable under s.34. The main differences between the two sections are as

follows:

Section 34 does not create any specific offence but only lays down the principle of joint criminal

liability. Whereas s.149 creates specific offence and being a member of an unlawful assembly is

itself a crime, which is punishable under s.143.

‘Common intention’ used in S.34 is not defined anywhere in IPC, while ‘common object’ in s.149

must be one of the five ingredients defined in S. 141 of IPC.

Common intention requires a prior meeting of mind and unity of intention and overt act has been

done in furtherance of the common intention of all. A common object may be formed without a

prior meeting of mind when the common object of the members of the unlawful assembly is one

but the intention of participants is different. It only requires that criminal act has been done in

furtherance of the common object.

For invoking S.34 it is sufficient that two or more persons were involved. However, there have to

be a minimum of five persons to impose S.149.

The crucial factor of S.34 is ‘participation’ while there is no need of active participation in S.149

of IPC.

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29 July wednesday

Daily One Legal Word :

PALIMONY

An allowance paid to a person by their former spouse after a divorce or separation is recognized by the court as Alimony.

The term “PALIMONY” is sometimes used to describe alimony-like support payments made in a situation where the couple lived together for a significant period of time but never married. Because alimony, or “spousal support,” is by statute an award to a “spouse,” it cannot be awarded in a cohabitation or common law marriage situation.

Daily One Advocacy Rule :

Create doubt in the mind of the Judge on the credibility of defence witnesses, to win your case.

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Of kidnapping, abduction, slavery and forced labour

IPC 359. Kidnapping

Kidnapping is of two kinds:– kidnapping from 1[India], and kidnapping from lawful guardianship

IPC 360. Kidnapping from India

Whoever conveys any person beyond the limits of India without the consent of that person

or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from 1[India].

IPC 361. Kidnapping from lawful guardianship

Whoever takes or entices any minor under [sixteen] years of age if a male, or under

[eighteen] years of age if a female; is said to kidnap such minor.

E.g. : under [sixteen] years : Means not 16 years old. Can be less than 16 years = 15 years 364days 23 hrs is also minor.

Legal Terms Entices Means - tempted or tempting or attracting

THE HINDU MARRIAGE ACT, 1955

Sec 5. Condition for a Hindu Marriage:-

Sub sec (iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage.

E.g if the Boy is 20 yrs & the girl is 18 years, here kidnapping cannot be registered. But Marriage is illegal under hindu marriage act.

E.g can the police go to the place of stay and arrest the Boy?

You can file FIR Only in Criminal offences & only on Cognizable.

Legal Term: Cognizable offence means:

Police can arrest without any warrant is a cognizable warrant.

THE MAJORITY ACT, 1875 :-

Sec 3. Age of majority of persons domiciled in India. —

Sub sec. (1)Every person domiciled in India shall

attain the age of majority on his completing the age of eighteen years and not before.

Sub sec. (2) In computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of that day.]

Domiciled : means who made INDIA as home

E.g Age must be told only in the completed days format as per the above law.

CRPC in Schedule 1 : the table provides only the Punishments sessions will be listed.

Other sections will not be given in CRPC.

E.g

IPC 362. Abduction:–

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

E.g Now the parents cannot file a case of kidnapping[when age limit is met], so will file abduction cases on the boy.

IPC 354. Assault or criminal force to woman with intent to outrage her modesty:–

Whoever assaults or uses criminal force to any woman intending to or knowing it to be likely that he will thereby outrage her modesty.

punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

E.g when the person is speaking and no other physical touch, also this

IPC 354A. Sexual Harrassment and punishment for sexual harassment.

A man committing any of the following

Physical contact and advances involving unwelcome and explicit sexual overtures,
A demand or request for sexual favours,
Demand or request of sexual favours,
Showing pronography against the will of a women
Making sexually coloured remarks = making comments on body shape or sexuallity.

E.g When a case is filed the person is arrested on the same day since it's a cognizable offence.

If any of the above four is not committed then no sexual harassment can be made.

E.g a person undresses before a woman, does not do any other contact. Does this comes in to sexual harassment ?

Can be booked under IPC 345A(1).

IPC 354B : Assault or use of criminal force to women with intent to disrobe:-

Uses criminal force with the intention of disrobing.

IPC 354C : Voyeurism: any man who watches or captures the image of a woman engaging in a private act.

Disseminates means = spreading.

Here Voyeurism

Explanation 2 : Where the victim consents to the capture of the images or any act, but not their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.

IPC 354D : Stalking :-

354D Sec (1) Any man who

Sub sec 1. Follows a woman and contacts, or attempts to contact, despite a clear indication of disinterest.

Sub sec 2. Monitors the use by a women of the internet, email or any other form of electronic medium

Exception in sub sec 2 : Police or detection of crime or pursued under law

354D Sec (2) whoever commits the offence of stalking

Homework : Can male doctor junior file 354 against senior Female doctor.

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30 Jul Thursday

Daily One Legal Word :

Ab initio

It is a Latin term meaning "from the beginning"

Daily One Advocacy Rule :

Win Cases rather than Winning Money

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Of offences affecting the Human Body

Of offences affecting Life

IPC 299 Culpable homicide:–

Whoever causes death by doing an act with the intention of causing death,

Culpable Homicide Means the person must die then only this section applies.

“A person killing another person is Culpable homicide”

IPC 300. Murder

Firstly:–

Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or

*-Firstly:– Except in the cases hereinafter excepted = means there are some exceptions in this sec

*-hereinafter excepted = here in this section after this concept there are some exceptions.

*-intention = mens rea

“All murders are culpable homicides, but all culpable homicides are not murders.”

Secondly:–

If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or

E.g cutting the wrist with a cut and leaving the person in an unconscious state to die. Intention was to cause bodily injury to cause death.

Thirdly:–

If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or,

E.g giving slow poison and in the course of nature the person will die

Fourthly:–

If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Exception 1:–

When culpable homicide is not murder:- Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

The above exception is subject to the following provisos:

Firstly:–

That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person

E.g when friends are drinking tea within friends and some heated argument A- takes a knife from the shop and kills B who spoke in filthy language about their parents.

Here this is culpable homicide, but not murder since he was provoked.

not sought or voluntarily provoked = E.g already having planned to kill the person, Z knows that X is short tempered and will use filthy language. Now Z starts voluntarily provoking X. Now “X” started to use filthy language. Now Z kills “X”. but after investigation it is found that provocation was preplanned.

Secondly:–

That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.

E.g When a police person comes to arrest, but Z kills the police officer. Here it is murder no exception

Thirdly:–

That the provocation is not given by anything done in the lawful exercise of the right of private defence.

E.g If the opposite person is using the Right of private defence, and you killed that person - no exception.

Explanation:–

Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Exception 2:–

Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the powers given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

E.g if the person is exercising the RPD - Right of Private defence.

Anil and I were at T-shop, when a fight argument both started hitting each other. Anil saw me taking a stone there. ANil has to save himself - escape or stop my hand. Now he took the knife and killed me.

If the stone is small stone, = there he as crossed his limits of law

Still in the right of private defence, without any intention of doing more harm.

Illustration:-

Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can, by no other means, prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.

Here - Z persists in the assault, rather than stopping. Now A shoots in exercising the RPD.

“When there is no mens rea, law given exception to the offender”

“In the whole law offences are defined in the IPC”

Exception 3:–

Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.

Exception 4:–

Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner.

Undue advantage means there is no criminal intention

Explanation:–

It is immaterial in such cases which party offers the provocation or commits the first assault.

Exception 5:–

Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

Illustration

A, by instigation, voluntarily causes Z, a person under eighteen years of age, to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.

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July 31

Daily One Legal Word :

Actionable per se

Literal meaning- "The very act is punishable and no proof of damage is required".

It means - Actions that do not require the allegations or proof of additional facts to constitute a cause of action. Such a tort is actionable simply because it happened. In such actions, the plaintiff does not have to prove that he suffered any damages in order to have a cause of action. Tort claims normally require proof of damages. If you haven’t suffered any loss, you have no claim. A tort that is actionable per se does not require proof of damages to be actionable; such a tort is actionable simply because it happened. Of course, if you are unable to show that you have suffered any loss, the damages you recover are unlikely to be significant.

Daily One Advocacy Rule :

Never feel shy to Learn the basic work & procedure from a Bench Clerk

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3 Aug

Under Sec 3 ,4 & 5 -

Punishment of offences committed beyond, but which by law may be tried within India:–

Process Steps involved for a Trial

Step 1 offence committed

Step 2 Complaint or FIR - 154 CRPC

Step 3 Enquiry

Step 4 investigation

Step 5 Charge sheet : filed by police

Step 6 Framing Charges : Judge will frame the charges

Step 7 If there is a case then trial starts or case is dismissed.

The complete procedure which happens within the court is called Trial

IPC 294. Obscene act and songs:–

Whoever, to the annoyance of others,

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene songs, ballad or words, in

or near any public place,

IPC 503. Criminal intimidation:–

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm

to that person, or to cause that person to do any act which he is not

legally bound to do, or to omit to do any act which that person is legally

entitled to do, as the means of avoiding the execution of such threat,

commits criminal intimidation.

Explanation:–

A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.

Interested person means -

there is some concept relationship with the person. If any happens to that person then it must show an impact on your emotions.

House trespass

IPC 448. Punishment for house-trespass:–

Whoever commits house trespass

shall be punished with imprisonment of either description for a

term which may extend to one year, or with fine which may extend to

one thousand rupees, or with both.

E.g Case filed : when CAR parked outside the Lawyer's house.

Has filed cases under 294 (b), 503 & 448

Of cruelty by Husband or relatives of Husband

IPC 498-A. Husband or relative of husband of a woman subjecting her to cruelty:–

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

CRPC INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CRPC 154. Information in cognizable cases:–

(1) Every information relating to the commission of cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government

may prescribe on this behalf.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned, who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge

of the police station in relation to that offence.

CRPC 2. Definitions:–

(c) “cognizable offence”

means an offence for which, and “cognizable case” means a case in which a police officer may,

in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;

CRPC 155. Information as to non-cognizable cases and investigation of such cases:–

(1) When information is given to an officer-in-charge

of a police station of the commission within the limits of such station of

a non-cognizable offence, he shall enter or cause to be entered the

substance of the information in a book to be kept by such officer, in

such form as the State Government may prescribe in this behalf, and refer

the informant to the Magistrate.

E.g The complaint will be noted in the police book. No FIR will be filed for a Non-Cognizable case.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

Delay in lodging FIR :-

FIR is not evidence.

CRPC 320. Compounding of offences:–

(1) The offences punishable under the Sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the

persons mentioned in the third column of that Table:

E.g under certain section you can withdraw the cases

Theft - 379 - The owner of the property

IPC 497. Adultery:–

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, in guilty of the offence of adultery,

and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such a case the wife shall not be punishable as an abettor.

Here “person” means women

Abettor = Sec IPC 108

The woman's name cannot be listed in the complaint, or not even called for. Only the case is between the Husband and the offender.

Legal Terms:

Rules of Shyness is not applied to Advocacy & medicine

Rules of Gender s not applied to Advocacy & medicine

After commiting the ACT - CRPC & evidence comes to play

Before committing the ACT - IPC will come to play

After 2018 supreme court judgement 497 is removed

IPC 441. Criminal trespass:–

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,

or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

having lawfully entered into or upon such property =

E.g person came to repair the washing machine[he has entered lawfully], once he has completed the work and received the payment. But he did not leave the premises and was still there. Now his intention is to commit murder or theft.

Here you have legally entered but unlawfully stayed

Definition is only Criminal Trespass and offence is called House trespass.

IPC 442. House-trespass:–

Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”.

Dwelling- means place of stay

Explanation:–

The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.

IPC 443. Lurking house-trespass:–

Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent

or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.

IPC 444. Lurking house-trespass by night:–

Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit ”lurking house-trespass by night”.

IPC 445. House-breaking:–

A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described;

or if, being

in the house or any part of it for the purpose of committing an offence,or having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say.

First para = he enters house in any of 6 ways

Second para = after committing offence now tries to leave the house in any of 6 ways

Firstly:–

If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass,.

E.g Abettor : means helping Crime

4 -Aug-

Secondly:–

If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance, or through any passage to which he has obtained access by scaling or climbing over any wall or building,

E.g any passage not intended by any person = means when you are not entering or leaving the house through the door. Like jumping or climbing the wall.

Thirdly:–

If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened,

Fourthly:–

If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Till the Fourthly the owner of the house doesn't knows that someone has entered

Fifthly:–

If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

In Fifthly the owner is aware of

Sixthly:–

If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

E.g have been fastened = means that any fence or barricade is used to secure

Explanation:–

Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.

Illustrations

(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking.

(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.

IPC 446. House-breaking by night:–

Whoever commits house-breaking

after sunset and before sunrise, is said to commit “house-breaking by

night”.

IPC 447. Punishment for criminal trespass:–

Whoever commits criminal

trespass shall be punished with imprisonment of either description for a

term which may extend to three months, or with fine which may extend

to five hundred rupees, or with both.

IPC 448. Punishment for house-trespass:–

Whoever commits house trespass

shall be punished with imprisonment of either description for a

term which may extend to one year, or with fine which may extend to

one thousand rupees, or with both.

IPC 449. House-trespass in order to commit offence punishable with death:–

Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.

IPC 450. House-trespass in order to commit offence punishable with imprisonment for life:– Whoever commits house-trespass in order to

the committing of any offence punishable with 1[imprisonment for life], shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

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4 Aug

Daily One Legal Word :

Actio personalis moritur cum persona

It means - A personal right of action dies with the person. In other sense, if he dies the right to sue is gone.

Some legal causes of action can survive the death of the claimant or plaintiff, for example actions founded in contract law. However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death, whereas an action for the publication of a false and malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of his or her personal representatives.

The principle also exists to protect the estate and executors from liability for strictly personal acts of the deceased, such as charges for fraud.

Daily One Advocacy Rule :

Learn Drafting

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IPC 303. Punishment for murder by life convict:–

Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.

Lawful homicides = Judge giving death punishment

IPC 304. Punishment for culpable homicide not amounting to murder:–

In Murder culpable homicide has to happen - i.e. person must be dead.

IPC 304-A. Causing death by negligence:–

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC 304-B. Dowry death:–

(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

occurs otherwise than under normal circumstances

seven years of her marriage

Harassment in connection with, any demand for dowry

Explanation:–

For the purposes of this sub-section, “dowry” shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

E.g occurs otherwise than under normal circumstances, meaning when the wife on her birthday goes to her parents home and the next day hangs herself. This is unnatural death.

E.g she never eats Pizza, after eating Pizza she died. Her Parents complain that her daughter doesn't like or hate Pizza

E.g wife doesn't want to have kids:[movie actress] there was fight everyday she committed suicide within 7 years of marriage. This is not harassment of dowry

E.g New business requires 10 lakh to start. Wife is asked to get it from her father. After a week the wife dies.

(2) Whoever commits dowry death shall be punished with imprisonment

for a term which shall not be less than seven years but which may extend

to imprisonment for life.

IPC 305. Abetment of suicide of child or insane person:–

If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

delirious person = not able to think rationally - when person is sick

Abetment = helping or instigating

IPC 306. Abetment of suicide:–

If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Difference b/w 305 & 306 :

305 is for all adults & sound person.

306 is for Minor & unsound mind.

IPC 307. Attempt to murder:–

Whoever does any act with such intention

or knowledge, and under such circumstances that, if he by that act caused

death, he would be guilty of murder, shall be punished with imprisonment

of either description for a term which may extend to ten years, and shall

also be liable to fine,

and if hurt is caused to any person by such act,

the offender shall be liable either to imprisonment for life, or to such

punishment as is hereinbefore mentioned.

IPC 308. Attempt to commit culpable homicide:–

Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both;

and if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

IPC 309. Attempt to commit suicide:–

Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

E.g her why punishment for attempt is to keep under supervision

IPC 310. Thug:–

Whoever, at any time after the passing of this Act, shall have been habitually associated with any other or others for the purpose of committing robbery or child stealing by means of or accompanied with murder, is a thug.

Of hurt

IPC 319. Hurt:–

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

E.g. disease = wantedly spreading or injecting to others. Having intention to spread.

Infirmity = making the body to lose it capacity

IPC 320. Grievous hurt:–

The following kinds of hurt only are designated

as “grievous”.

Firstly:– Emasculation.

Emasculation = making male to lose the maleness

Secondly:–

Permanent privation of the sight of either eye.

Thirdly:–

Permanent privation of the hearing of either ear.

Fourthly:–

Privation of any member or joint.

E.g making - losing human hand or parts

Fifthly:–

Destruction or permanent impairing of the powers of any

member or joint.

Sixthly:–

Permanent disfiguration of the head or face.

Seventhly:–

Fracture or dislocation of a bone or tooth.

Eighthly:–

Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain or unable to follow his ordinary pursuits.

IPC 321. Voluntarily causing hurt:–

Whoever does any act with the

intention of thereby causing hurt to any person, or with the knowledge

that he is likely thereby to cause hurt to any person, and does thereby

cause hurt to any person, is said “voluntarily to cause hurt”.

IPC 323. Punishment for voluntarily causing hurt:–

Whoever, except in the case provided for by Section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

IPC 334. Voluntarily causing hurt on provocation:–

Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

IPC 324. Voluntarily causing hurt by dangerous weapons or means:–

shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both

any instrument for shooting, stabbing or cutting,

or any instrument which, used as a weapon of offence, is likely to cause death,

or by means of fire or any heated substance,

or by means of any poison or any corrosive substance, or by means of any explosive substance

or by means of any substance which it is deleterious to the human body to inhale, to swallow,

or to receive into the blood,

or by means of any animal

IPC 326. Voluntarily causing grievous hurt by dangerous weapons or means:–

except in the case provided for by Section 335.

shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

IPC 336. Act endangering life or personal safety of others:–

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees or with both.

IPC 337. Causing hurt by act endangering life or personal safety of others:–

Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

IPC 338. Causing grievous hurt by act endangering life or personal safety of others:–

CHAPTER XIV :

Of offences affecting the Public Health, Safety,Convenience, Decency and Morals

IPC 268. Public nuisance:–

A person is guilty of a public nuisance, who does any act or is guilty of an illegal omission, which causes any common injury,

danger or

annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

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5 Aug

Daily One Legal Word :

Actori incumbit onus probandi

It means - "The burden of proof is on the plaintiff".

As per this maxim, a plaintiff to a legal action must prove his or her case to win the lawsuit against the defendant. The plaintiff is obliged to submit to the court all the proofs and evidence he/she has got against the defendant to justify their claims. In other terms, the claimant bears the burden of proof, who has to prove the aspects of their claim.

A mere filing of a case is not enough to win a case, but also the person has to support their allegations with strong evidence to convince the court about the obligations of the defendant. In criminal proceedings, the burden of proof lies on the prosecutor. The scope and the subject-matter of ‘burden of proof’ could include the issues related to ‘evidence’ as well as ‘pleadings.’

Daily One Advocacy Rule :

Time Punctuality at Court & Client must be followed very strictly by an Advocate.

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Of offences relating to Marriage

IPC 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage:–

Every man who, by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

E.g Deceit means cheating.

IPC 494. Marrying again during lifetime of husband or wife:–

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception:–

This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,

E.g wife is asking the court that her husband has cheated, to make the marriage Null & VOID.

Court pronouses the Marriage Null & VOID

Now Husband remarries and

Exception:– nor

Nor to any person who contracts a marriage during the life of a former husband or wife., if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage

E.g - When Sridevi married and her husband moved to Australia, then for seven years there was no whereabouts or being alive. Then from the last contact and completion of Seven years, Sridevi can remarry on account of this IPC exception and marriage will be legal and won't become VOID.

IPC 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted:–

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

IPC 496. Marriage ceremony fraudulently gone through without lawful marriage:–

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

E.g Raj marries sridevi in secret marriage in a temple, he just ties thali and informs that no costumes are required like - yagam or garlan exchanges.

Now after 6 months Raj goes missing and Sridevi finds Raj marrying another woman.

Now sridevi files a complaint under this section 496.

Raj has a fraudulent intention not to do any custom ceremony, so that he can escape from natural hindu marriage customs.

IPC 498. Enticing or taking away or detaining with criminal intent a married woman:–

Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

E.g Raj marries his daughter to kamal and now after one year takes away the daughter and married to another person vikram

Of cruelty by Husband or relatives of Husband

IPC 498-A. Husband or relative of husband of a woman subjecting her to cruelty:–

Explanation:–

For the purposes of this section, “cruelty” means–

(a)

any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health- (whether mental or physical) of the woman;

E.g. health- (whether mental or physical) :- locking the wife inside the room for three months, without any contact to the outside world.

(b)

harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Persuade means =(an unwilling person) to do something by using force or threats.

Of Defamation

IPC 499. Defamation:–

Whoever, by words, either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

E.g IPC 11. “Person”:– The word “person” includes any company or Association or body of persons, whether incorporated or not.

Explanation 1:–

It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2:–

It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3:–

An imputation in the form of an alternative or expressed ironically, may amount to defamation.

E.g ironically = bullying

Explanation 4:–

No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others,

lowers the moral or intellectual character of that person, or

lowers the character of that person in respect of his caste or of his calling, or

lowers the credit of that person, or

causes it to be believed that the body of that person is in a loathsome state, or

in a state generally considered as disgraceful.

First Exception – Imputation of truth which public good requires to be made or published:–

It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

Second Exception – Public conduct of public servants:–

It is not defamation to express in good faith any opinion whatever respecting

the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

Third Exception – Conduct of any person touching any public Question:–

It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.

Fourth Exception – Publication of reports of proceedings of Courts:–

It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

Explanation:–

A Justice of the Peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.

Fifth Exception – Merits of a case decided in Court or conduct of witnesses and others concerned:–

It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.

E.g = not agreeing with the judgement is excepted but making comments like - judge is corrupted or doesn't know law or biases or not fit for job of these are not excepted

Sixth Exception – Merits of public performance:–

It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

Explanation:–

A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.

Illustrations

(a) A person who publishes a book, submits that book to the judgment

of the public.

Seventh Exception – Censure passed in good faith by person having lawful authority over another:–

It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

Censure Meaning = scolding,

Illustration

A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders ; a parent censuring in good faith a child in the presence of other children ; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service ; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier-are within this exception.

Eighth Exception – Accusation preferred in good faith to authorised person:–

It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.

Illustration

If A in good faith accuses Z before a Magistrate ; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, child to Z’s father-A is within this exception.

Ninth Exception – Imputation made in good faith by person for protection of his or other’s interests:–

It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.

Illustrations

(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.

Tenth Exception – Caution intended for good of person to whom conveyed or for public good:–

It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

IPC 500. Punishment for defamation:–

Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

IPC 159. Affray:–

When two or more persons, by fighting in a public

place, disturb the public peace, they are said to “commit an affray”.

IPC 160. Punishment for committing affray:–

Whoever commits an

affray, shall be punished with imprisonment of either description for a term

which may extend to one month, or with fine which may extend to one

hundred rupees, or with both.

Legal Terms :FIR :

What sections are written in the FIR, need not be the same in the charge sheet, there can be more other sections which are not mentioned in FIR.

Now the judge is the only one who will be framing the sections to be removed or stay in the charge sheet.

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6 Aug

Daily One Legal Word :

Ad hoc

It means - for a particular purpose as necessary.

Ad hoc is a word that originally comes from Latin and means “for this” or "for this situation."

An ad hoc activity or organization is done or formed only because a situation has made it necessary and is not planned in advance.

Examples to understand:

1) The Council meets on an ad hoc basis to discuss problems.

2) If you call an ad hoc meeting of your employees, it means the meeting was formed for one particular reason.

Daily One Advocacy Rule :

An advocate shall never explain the Sections and Provisions of law to his client.

An advocate must only assure him the Law but not to give knowledge of law.

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10 Aug

Daily One Legal Word :

Alibi - means at another place, elsewhere

An alibi (a Latin word, meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where he or she was at the time a particular offence was committed, which is somewhere other than where the crime took place. During a police investigation, all possible suspects are usually asked to provide details of their whereabouts during the relevant time period, which where possible would usually be confirmed by other persons or in other ways (such as by checking phone records, or credit card receipts, use of CCTV, etc.).

During a criminal trial, an alibi is a defense raised by the accused as proof that they could not have committed the crime because they were in some other place at the time the alleged offense was committed.

The Criminal Law Procedure states: "Alibi is different from all of the other defenses; it is based upon the premise that the defendant is truly innocent."

Daily One Advocacy Rule :

Advocate must have a daily habit of reading recent famous judgements of the Supreme Court, High Courts.

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The Gazette of INDIA

The Gazette means “Raja Pattra”

It is believed in Indian Law that every person would have reached them.

THE JAMMU AND KASHMIR REORGANISATION ACT, 2019

IPC 375. Rape:–

A man is said to commit “rape” if he—

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

E.g : manipulates any part of the body : means making to hold the private part of Men. manipulates to pose in a position like b/w thighs.

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,

under the circumstances falling under any of the following seven descriptions:—

Firstly:– Against her will.

Secondly:– Without her consent.

Thirdly:–

With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly:–

With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly:–

With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly:–

With or without her consent, when she is under Eighteen years of age.

Seventhly.—When she is unable to communicate consent.

Explanation 1.—

For the purposes of this section, “vagina” shall also include labia majora

Explanation 2.—

Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

E.g here the woman has to resist the penetration, doesn't mean she has provided her consent.

Exception 1.—

A medical procedure or intervention shall not constitute rape.

Exception 2.—

Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

IPC 376. Punishment for rape.—

(1) Whoever,

except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which 1[shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine].

(2) Whoever,—

(a) being a police officer, commits rape—

(i) within the limits of the police station to which such police officer is appointed; or

(ii) in the premises of any station house; or

(iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or

(b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or

(c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or

(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or

(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman knowing her to be pregnant

(j) commits rape, on a woman incapable of giving consent; or

(k) being in a position of control or dominance over a woman, commits rape on such woman; or

(l) commits rape on a woman suffering from mental or physical disability; or

(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

(n) commits rape repeatedly on the same woman,

shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

Subsection (2) from “(a) to (n)”

which shall mean imprisonment for the remainder of that person's natural life :Means : until his natural death.

Explanation.—For the purposes of this sub-section,—

Police Act, 1861 (5 of 1861);

(3) Whoever,

commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the victim.]

IPC 376A. Punishment for causing death or resulting in persistent vegetative state of victim.—

shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.

IPC 376AB. Punishment for rape on woman under twelve years of age.—

for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

IPC 376B. Sexual intercourse by husband upon his wife during separation.—

Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

IPC 376C. Sexual intercourse by a person in authority

(a) in a position of authority or in a fiduciary relationship; or

(b) a public servant; or

(c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; or

(d) on the management of a hospital or being on the staff of a hospital,

abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him,

such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.

IPC 376D. Gang rape.—

Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine:

IPC 376DA. Punishment for gang rape on woman under sixteen years of age.—

Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention

shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine:

IPC 376DB. Punishment for gang rape on woman under twelve years of age

shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death

IPC 376E. Punishment for repeat offenders.—

Whoever has been previously convicted of an offence punishable under section 376 or section 376A or 1[section 376AB or section 376D or section 376DA or section 376DB,] and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death.

Of Unnatural Offences

IPC 377. Unnatural offences.—

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

Discharge:

If the Judge finds that there is no proper ground to charge this person, hence DIscharging the person. And will leave the same day without any trial.

Acquittal:

When the Judge is reading the cases and frame is charged. Now the trial is started and after the trials and found there is no proper evidence, hence the Judge will pronounce Acquittal.

Conviction:

If there is evidence of proof of offence then the Judge will Pronounce Conviction or convicted

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11 Aug

Daily One Legal Word :

Amicus Curiae

– A friend of the Court or member of the Bar who is appointed to assist the Court.

An Amicus Curiae is someone who is not a party to a case who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an amicus brief lies within the discretion of the court.

Daily One Advocacy Rule :

Be a junior only to a Senior Advocate who deals with plenty of cases.

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IPC 53. Punishments.—

The punishments to which offenders are liable under the provisions of this Code are—

First.—Death;

2[Secondly.—Imprisonment for life;]

3* * * * *

Fourthly.—Imprisonment, which is of two descriptions, namely:—

(1) Rigorous, that is, with hard labour;

(2) Simple;

Fifthly.—Forfeiture of property;

Sixthly.—Fine.

IPC 54. Commutation of sentence of death.—

In every case in which sentence of death shall have been passed, 6[the appropriate Government] may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.

E.g Commutation of sentence = means reducing the death sentence.

IPC 55. Commutation of sentence of imprisonment for life.—

In every case in which sentence of 7[imprisonment] for life shall have been passed, 8[the appropriate Government] may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

E.g this is only for the sentence of “imprisonment for life” alone not for “imprisonment for lie person's natural life”

IPC 55A. Definition of “appropriate Government”.—

In sections fifty-four and fifty-five the expression “appropriate Government” means,—

(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and

(b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.

E.g : Union territory means - Central gov

57. Fractions of terms of punishment.—

In calculating fractions of terms of punishment, 2[imprisonment] for life shall be reckoned as equivalent to2[imprisonment] for twenty years.

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

IPC 463. Forgery.—

Whoever makes any false document or false electronic record or part of a document or electronic record,

with intent to cause damage or injury, to the public or to any person, or

to support any claim or title, or

to cause any person to part with property, or

to enter into any express or implied contract, or

with intent to commit fraud or that fraud may be committed,

commits forgery.

E.g part of a document or electronic record, Means just changing some details in the documents. Like [account number or name or address ]

E.g if you are creating documents and keeping as hobby and not using these for no other purpose cannot be called as Forgery

IPC 464. Making a false document.—

A person is said to make a false document or false electronic record—

First.—Who dishonestly or fraudulently—

(a) makes, signs, seals or executes a document or part of a document;

(b) makes or transmits any electronic record or part of any electronic record;

(d) makes any mark denoting the execution of a document or the authenticity of the 4[electronic signature],

with the intention of causing it to be believed that such document or part of document, electronic record or 4[electronic signature] was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, singed, sealed, executed or affixed; or

Secondly.—

Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with 4[electronic signature] either by himself or by any other person, whether such person be living or dead at the time of such alteration; or

Thirdly.—

Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his 4[electronic signature] on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.

IPC 465. Punishment for forgery.—

Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC 146. Rioting.—

Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Discretion power of the Judge

IPC 171D. Personation at elections.—

Whoever at an election applies for a voting paper on votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election.

E.g when a false identity is used to vote, this section is used.

IPC 171F. Punishment for undue influence or personation at an election

IPC 255. Counterfeiting Government stamp.—

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue shall be punished with 2[imprisonment for life] or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation.—A person commits this offence who counterfeits by causing a genuine stamps of one denomination to appear like a genuine stamp of a different denomination.

Of Criminal Misappropriation of Property

IPC 403. Dishonest misappropriation of property.—

Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustrations

(a) A takes property belonging to Z out of Z's possession, in good faith believing at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

IPC 405. Criminal breach of trust.—

Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”.

E.g dishonestly misappropriates : wrongful loss and wrongful gain

Of the Receiving of Stolen Property

IPC 410. Stolen property.—

Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as “stolen property”, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

IPC 411. Dishonestly receiving stolen property.—

Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Of Cheating

IPC 415. Cheating.—

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Explanation.—

A dishonest concealment of facts is a deception within the meaning of this section.

Illustrations

(a) “A”, by falsely pretending to be in the Civil Service, intentionally deceives “Z”, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. “A” cheats.

E.g here even if the product is not delivered, just intent to deceive is enough.

(b) “A”, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. “A” cheats.

IPC 417. Punishment for cheating.—

Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

IPC 420. Cheating and dishonestly inducing delivery of property.—

Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

E.g induces means = making in to doing the act

E.g Here one must deliver the property.

IPC 509. Word, gesture or act intended to insult the modesty of a woman.—

Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, [shall be punished with simple imprisonment for a term which may extend to three years, and also with fine].

IPC 510. Misconduct in public by a drunken person.—

Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.

CHAPTER XXIII

OF ATTEMPTS TO COMMIT OFFENCES

IPC 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.—

Whoever attempts to commit an offence punishable by this Code

with imprisonment for life or imprisonment, or

to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one- half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

E.g when a thief tries to steal a purse and fails to do the act - now half of the maximum punishment will be given.

E.g When there is no provision for “the Attempt to commit an act” this will imply- means where there is no section describing an attempt the above punishment will be used as scale.

Illustrations

(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

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12 Aug

Daily One Legal Word :

Ante Litem Motam

Literal meaning – Before suit brought, or before controversy instituted, or spoken before a lawsuit is brought.

Ante litem motam means spoken before a lawsuit is brought. It may refer to a prior motive to distort the truth before the lawsuit was filed. For example, the common law hearsay exception for statements of pedigree required that the declaration have been made ante litem motam, and that the declarant be a member of the family about which his statement was made. Some modern evidence law liberalizes the common law rule by eliminating the ante litem motam requirement as being relevant to weight rather than admissibility, and by extending the exception to statements made by non-family members who have been "intimately associated" with the family.

Daily One Advocacy Rule :

No person knows that you are an advocate with good ability, until you advertise yourself in the Society. Do ADVERTISE.

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IPC Revision of IPC

IPC 30. “Valuable security”.—

The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

Illustration

A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the unlawful holder of it, the endorsement is a “valuable security”.

IPC 29. “Document”.—

The word “document” denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

IPC 31. “A will”.—

The words “a will” denote any testamentary document.

IPC 40. “Offence”

The word “offence” denotes a thing made punishable by this Code.

CHAPTER VI

OF OFFENCES AGAINSTTHE STATE

IPC 121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.—

Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.

IPC 124A. Sedition.—

Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with 16[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

E.g means = creating Hatred against the government

IPC 153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—

IPC 166. Public servant disobeying law, with intent to cause injury to any person.—

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

ILLustration

A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.

CHAPTER X

OF CONTEMPT OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Here in Chapter 10 : when a public servant is stopped from performing their duty

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

IPC 193. Punishment for false evidence.—

Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

201. Causing disappearance of evidence of offence, or giving false information to screen offender.—

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false,

E.g intention of screening = means, protecting the offender.

E.g When a tea shop owner has seen the murder and the offender has paid the tea shop owner 10Lakh

if a capital offence

if punishable with imprisonment for life.

if punishable with less than ten years’ imprisonment

CHAPTER XII

OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

IPC 231. Counterfeiting coin.—

Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

Weight and measure department officer

Find the difference chapter 14 and chapter 8

CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

CHAPTER XV

OF OFFENCES RELATING TO RELIGION

CHAPTER XVI

OF OFFENCES AFFECTING THE HUMAN BODY

Of offences affecting life

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

Of Theft

Of Mischief

IPC 425. Mischief.—

Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

Explanation 1.—

It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.

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Legal Terms:

Why to join as the Junior: Procedure to move forward will be learnt. 2 to 3 years will make you understand different scope of cases.

If you want to argue the case
Which court it has to file
Are the Civil cases has to be directly

Two books :

Civil rules of practise.
Criminal rules of practise.

Bare Acts :

They can print Only government provided information and format.

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13 Aug

Daily One Legal Word :

Assentio mentium

– It means, the meeting of minds or mutual assent expressed or implied by both the parties to the contract.

Consensus-ad-idem is a synonym to Assentio mentium

Daily One Advocacy Rule :

Attend the Court even on the days, when you don't have the case to argue.

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THE CODE OF CRIMINAL PROCEDURE, 1973

CHAPTER I :PRELIMINARY

CHAPTER II : CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CHAPTER III : POWER OF COURTS = who can give what type of judgements

E.g if there is a murder, all the basic enquire is done by

CHAPTER IV

A.–POWERS OF SUPERIOR OFFICERS OF POLICE

B.–AID TO THE MAGISTRATES AND THE POLICE

CHAPTER V

ARREST OF PERSONS

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.–Summons to produce

CHAPTER VIIA

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR

ATTACHMENT AND FORFEITURE OF PROPERTY

CHAPTER IX

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CHAPTER X

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

CRPC 2. Definitions.—

(a) “bailable offence”

means an offence which is shown as bailable in the First Schedule, or

which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence;

E.g which is made bailable by any other law for the time being in force : like COVID19, this is not in schedule 1 but to look at COVID19 Act.

(b) “charge”

includes any head of charge when the charge contains more heads than one;

E.g under how many sections charge is booked.

(c) “cognizable offence”

means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

E.g : when a person commits a murder and a police person is present near by and looks at this incident, can arrest the person without warrant.

(L) “non-cognizable offence” [NCO]

means an offence for which, and “non-cognizable case” means a

case in which, a police officer has no authority to arrest without warrant;

(N)Offence means :

broken the law or government has asked not to do that act.

(d) “complaint”

means any allegation made orally or in writing to a Magistrate, with a view to his

taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Allegation = accusing or blaming the other person

Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;

Complainant = the person who makes the complaint.

Legal Terms : Filing a case.

Registering the FIR = register kept for entry

Making the complaint.

(g) “inquiry”

means every inquiry, other than a trial, conducted under this Code by a Magistrate

or Court;

E.g “inquiry” can only be done by Magistrate or Court

Inquiry is before the Trial.

Police asking an accused is interrogation

(h) “investigation”

includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf;

E.g only police officer

(i) “judicial proceeding”

includes any proceeding in the course of which evidence is or may be

legally taken on oath;

(k) “metropolitan area”

means the area declared, or deemed to be declared, under section 8, to be

a metropolitan area;

CRPC 8. Metropolitan areas

(1) The State Government may, by notification, declare that, as from such

date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.

(n) “offence”

means any act or omission made punishable by any law for the time being in force

and includes any act in respect of which a complaint may be made under section 20 of the Cattletrespass

Act, 1871 (1 of 1871);

E.g IN IPC only act is alone there

(o) “officer”

in charge of a police station” includes, when the officer in charge of the police station

is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present;

(q) “pleader”

when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding;

(r) “police report”

means a report forwarded by a police officer to a Magistrate under sub-section (2) of section173;

CRPC 173. Report of police officer on completion of investigation.—

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

E.g when the police officer is delaying, then magistrate can appoint

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate

empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State

Government, stating—

(w) “summons-case”

means a case relating to an offence, and not being a warrant-case;

(x) “warrant-case”

means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

(wa) “victim”

means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or

her guardian or legal heir.

E.g when the husband beats the wife everyday, only her parents or herself = only the interested parties.

Once the offence is committed CRPC comes to force.

CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CRPC 6. Classes of Criminal Courts.—

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

Judicial Magistrates = working Judge

Executive Magistrates= not working as Judge

Court = where the person, plays judicial proceedings or pronounces Judgements

Second class magistrate court

= 730Am to 930 AM = only retired judges = lowest rank of Judge.= works 3 days a week.

First class Magid = Junior civil judge

Next Senior civil judge

APEX court is Supreme Court

Police complaint and Private complaint

Private complaint = from magistrate.

Police complaint = registered FIR.

Sub inspector of police is the lowest Police officer ranks

CHAPTER III

POWER OF COURTS

CRPC 26. Courts by which offences are triable.—

Subject to the other provisions of this Code,—

(a) any offence under the Indian Penal Code (45 of 1860) may be tried by

(i) the High Court, or

(ii) the Court of Session, or

(iii) any other Court by which such offence is shown in the First Schedule to be triable:

1[Provided that any 2[offence under section 376, section 376A, section 376B, section 376C,

section 376D or section 376E of the Indian Penal Code (45 of 1860)] shall be tried as far as

practicable by a Court presided over by a woman.]

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such

law, be tried by such Court and when no Court is so mentioned, may be tried by—

(i) the High Court, or

(ii) any other Court by which such offence is shown in the First Schedule to be triable:

District court is called the Sessions court.

CRPC 27. Jurisdiction in the case of juveniles.—

Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in

force providing for the treatment, training and rehabilitation of youthful offenders.

CRPC 28. Sentences which High Courts and Sessions Judges may pass.—

(1) A High Court

may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge

may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

(3) An Assistant Sessions Judge may pass

any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

E.g any fine can be imposed

CRPC 29. Sentences which Magistrates may pass.—

(1) The Court of a Chief Judicial Magistrate may [CJM] = [CMM]

pass any sentence authorised by law except a sentence of death or of imprisonment for life or of

imprisonment for a term exceeding seven years.

E.g any fine can be imposed

(2) The Court of a Magistrate of the first class may

pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or of both.

(3) The Court of Magistrate of the second class may

pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both.

(4) The Court of a Chief Metropolitan Magistrate shall [CMM] = [CJM]

have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

In IPC the punishment they have provided may extend to 3 three years and in CRPC sec 28 it is provided as not exceeding three years provides the traceability.

Fine limit is only for First class and Second class Magistrate.

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14 Aug

Daily One Legal Word :

Audi alteram partem

– No man shall be condemned unheard.

Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

"Audi alteram partem" is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or his lawyers to confront the witnesses against him, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly.

Daily One Advocacy Rule :

One Single Lie in your argument, if proved by opposition; then benefit of doubts will support the opposite party to win the case.

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Legal terminologies

Imposing the Punishment

Pronouncing the judgement

Sentence of imprisonment

Court difference: Lower court & higher court

If a first class Magistrate wants to give more than 3 years, then it will forward to higher court.

Judges[Sessions court] = Civil cases in general

Magistrate = criminal cases

Lower court judges = First class and Second class Judges,

First class Magistrate will be called as Junior Civil Judge,

Second class Magistrate is called the same name Second class Magistrate

CRPC 30. Sentence of imprisonment in default of fine.—

(1) The Court of a Magistrate may award such

term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term—

(a) is not in excess of the powers of the Magistrate under section 29;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of

imprisonment for the maximum term awardable by the Magistrate under section 29.

E.g when default of fine there will be parallel punishments like 10 yrs will include 5 yrs and 3 yrs, so total 10 yrs

CHAPTER V

ARREST OF PERSONS

CRPC 41. When police may arrest without warrant.—

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

E.g Any Civilian can stop the person who is committing murder.

46. Arrest how made.—

(1) In making an arrest

the police officer or other person making the same shall

actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action:

E.g Police can shoot the person who tries to run away under/below Knees.

(2) If such person

forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section

gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.

E.g when the person has committed murder and police is chasing the murder, as he is escaping then police can shoot him anywhere on the body

(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

CRPC 41. When police may arrest without warrant.—

(1) Any police officer

may without an order from a Magistrate and without a warrant, arrest any person—

E.g Any Civilian can stop the person who is committing murder.

E.g Warrant = asking permission from the magistrate.

E.g Order = Magistrate will give order to arrest.

1 (a) who commits,

in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made,

or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—

E.g a complaint or reason to believe

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured,

and the police officer shall record while making such arrest, his reasons in writing:

2. Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.

(ba) against whom credible information

has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;

Difference b/w B & BA;

B there are three things- reasonable suspicion exists

BA there is only one- credible information & punishable with death

(c) who has been proclaimed

as an offender either under this Code or by order of the State Government;

E,g when veerappan is found in a bus stand, can be arrested without warrant.

(d) in whose possession anything

is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;

(e) who obstructs a police officer

while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;

E.g This is the most misused by police officers. When argument is done with Police, obstruction of doing duty

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union;

E.g the deserted person of the army may carry secrets.

(g) who has been concerned in,

or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India;

(h) who, being a released convict,

commits a breach of any rule made under sub-section (5) of section 356;

CRPC 356. Order for notifying address of previously convicted offender.—

(5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts.

(i) for whose arrest any requisition,

whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

356. Order for notifying address of previously convicted offender.—

(2) Subject to the provisions of section 42,

no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.

CRPC 42. Arrest on refusal to give name and residence

E.g this is the another most misused section by police officers- like not giving name.

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15 Aug

Daily One Legal Word :

Bona fide – In good faith

it signifies honesty, the "real thing" and, in the case of a party claiming title as "bona fide" purchaser or holder, it indicates innocence or lack of knowledge of any fact that would cast doubt on the right to hold title.

Daily One Advocacy Rule :

Compromise is the best and cheapest lawyer

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17 Aug

Daily One Legal Word :

Bona vacantia

- Goods without an owner or “vacant goods”

It is a legal term for the situation in which property is left without any clear owner. The precise handling of such property varies depending on the jurisdiction. In most cases, the property is held by the government, and may be recovered by rightful owners or heirs.

Daily One Advocacy Rule :

An Advocate must imagine himself to be in the situation of his client, to find the best solution.

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CRPC 41A. Notice of appearance before police officer.—

(1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section

(1) of section 41, issue a notice directing the person

against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person,

it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice,

he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

(4) Where such person, at any time, fails to comply with the terms of the notice

or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.

E.g Why the person is not arrested, the person who is not appearing after the notice and has to take orders for a CO- cognizable offence. Because the suitations/ fall doesn't appear in sec 41.

How to identify SI and constable :- Based on the starts/ belt/ cap/ shoulder reel

CRPC 41B. Procedure of arrest and duties of officer making arrest.—Every police officer while making an arrest shall—

(a) bear an accurate, visible and clear identification of his name which will facilitate easy

Identification;

E.g How to identify SI and constable :- Based on the starts/ belt/ cap/ shoulder reel

(b) prepare a memorandum of arrest which shall be—

(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;

E.g. neighbour signs are taken

(ii) countersigned by the person arrested;

E.g sign of the arrested person.

(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.

CRPC 41C. Control room at districts.—

(1) The State Government shall establish a police control room—

(a) in every district; and

(b) at State level.

(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests.

(3) The control room at the Police Headquarters at the State level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public.

CRPC 41D. Right of arrested person to meet an advocate of his choice during interrogation.—

When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

CRPC 42. Arrest on refusal to give name and residence.— “non-cognizable offence refuses”

(1) When any person who,

in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence

of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.

(3) Should the true name and residence

of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

E.g when a person is normally going on the road and a police officer is stopping the name and address. Then the person doesn't have to say. Only when a complaint is made or a NOC is done before him then only he can be arrested.

The police officer has to first say the complaint name and person.

CRPC 43. Arrest by private person and procedure on such arrest.—

(1) Any private person may arrest or

cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station

E.g a common person can arrest - when someone is doing murder and escaping. Can capture and produce before the police station.

(2) If there is reason to believe

that such person comes under the provisions of section 41, a police officer shall re-arrest him.

E.g now the police will follow the procedure to arrest that person brought into the police station.

(3) If there is reason to believe

that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

CRPC 44. Arrest by Magistrate

1) When any offence is committed in the presence of a Magistrate,

Whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

E.g : here there is no mention of NCO or CO offences.

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

CRPC 45. Protection of members of the Armed Forces from arrest

purported to be done by him in the discharge of his official duties

Should take consent of the Central Government

CRPC 47. Search of place entered by person sought to be arrested

First have to get permission from the owner

Police can break any door in search

CRPC 48. Pursuit of offenders into other jurisdictions.—

A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

E.g : when a CO is committed then a police officer can arrest that person anywhere in india

CRPC 49. No unnecessary restraint.—

shall not be subjected to more restraint

CRPC 50. Person arrested to be informed of grounds of arrest and of right to bail.—

1) Every police officer

or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.

(2) Where a police officer

arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

CRPC 50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person.

CRPC 51. Search of arrested person.

CRPC 52. Power to seize offensive weapons.

E.g seize = taken into custody by the police officer

CRPC 53. Examination of accused by medical practitioner at the request of police officer

CRPC 53A. Examination of person accused of rape by medical practitioner

CRPC 54. Examination of arrested person by medical officer

(3) Where an examination is made

under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.

CRPC 54A. Identification of person arrested.—

Must be done with court order.

E.g police may want to verify that the person arrested is the right person.

CRPC 55A. Health and safety of arrested person.—

It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.

CRPC 56. Person arrested to be taken before Magistrate or officer in charge of police station-

A Police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

CRPC 57. Person arrested not to be detained more than twenty-four hours.—

No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.

Detained MEANS

CRPC 167 : Procedure when investigation cannot be completed in twenty-four hours

If the police officer believes within 24 hrs investigation cannot be completed, not more than 15 days.

CRPC 58. Police to report apprehensions.—

Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without

warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

CRPC 59. Discharge of person apprehended.—

No person who has been arrested by a police officer shall be discharged except on

his own bond, or

on bail, or

under the special order of a Magistrate.

CRPC 60. Power, on escape, to pursue and retake.—

1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

(2) The provisions of section 47 shall apply to arrests under sub-section (1) although the person

making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

E.g may immediately pursue and arrest him in any place in India.

CRPC 60A. Arrest to be made strictly according to the Code.—

No arrest shall be made except in accordance with the provisions of this Code or any other law

for the time being in force providing for arrest

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18 Aug

Daily One Legal Word :

Boni judicis est ampliare jurisdictionem

– It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority. This maxim states that it is the duty of the judge to enlarge its jurisdiction. It denotes that a good judge's duty is to develop the remedies of the law.

Daily One Advocacy Rule :

Everything which appears to be true, may not be true.

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CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

A.—Summons

CRPC 61. Form of summons

summons.—Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court...

..and shall bear the seal of the Court

CRPC 62. Summons how served

shall be served by a police officer,

by an officer of the Court

CRPC 64. Service when persons summoned cannot be found.—

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

Explanation.—A servant is not a member of the family within the meaning of this section

CRPC 65. Procedure when service cannot be effected as before provided.—

If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

E.g conspicuous part of the house = most important part of the house = like Gate

E.g why summon is affixed on the wall, so that the neighbours or someone will inform about the summons.

CRPC 66. Service on Government servant.— IPC sec 14

(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

CRPC 69. Service of summons on witness by post.—

(1) Notwithstanding anything contained in the preceding

sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.

(2) When an acknowledgement purporting to be signed by the witness or

an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

Legal terminology / terms

E.g Notwithstanding = means “in spite-off” from sec 61 to 68.

Summons will be served for less serious matters. Serving summons

Warrant is issued to arrest the person. Executing warrant

B.—Warrant of arrest

CRPC 70. Form of warrant of arrest and duration.—

(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.

(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

E.g Warrant = there is no copy issued. The original doc is given.

CRPC 71. Power to direct security to be taken.—

(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

E.g may in its discretion = optional

E.g endorsement on the warrant = signature

E.g and Shall = means must

(2) The endorsement shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

CRPC 74. Warrant directed to police officer.—

A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

CRPC 75. Notification of substance of warrant

Legal terms / terminology

Notification = making to know other person

C.—Proclamation and attachment

CRPC 82. Proclamation for person absconding.

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:—

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

CRPC 83. Attachment of property of person absconding.

CRPC 84. Claims and objections to attachment.

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment,

CRPC 85. Release, sale and restoration of attached property

CRPC 86. Appeal from order rejecting application for restoration of attached property

Appeal is done in higher court.

Flow 82 - 83 - 84 - 85 & 86

CRPC 167. Procedure when investigation cannot be completed in twenty-four hours.

E.g Investigation is part of Interrogation

1) Whenever any person is arrested and detained in custody,

and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused person is forwarded under this section may,

whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that—

a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence,

and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter.

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

CRPC 91. Summons to produce document or other thing.—

(1) Whenever any Court or any officer in

charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

B.—Search-warrants

CRPC 93. When search-warrant may be issued.—

(1) (a) Where any Court has reason to believe that a

person to whom a summons order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or

(b) where such document or thing is not known to the Court to be in the possession of any person, or

(c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

E.g the person to whom such warrant is directed = like CBI, vigilance

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

District Magistrate = collector

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19 Aug

Inquiry means everything before Trial

In cases of CO - cognizable offence only, police can enter into any place to search and must be recorded.

CRPC 93 is only related to “document” or “thing” only.

C.—General provisions relating to searches

CRPC 100. Persons in charge of closed place to allow search.

(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

Sec 100 is for the documents or thing.

D.—Miscellaneous

CRPC 102. Power of police officer to seize certain property.—

(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.

E.g CRPC is also under search of documents and things

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.

E.g when a lower officer goes for seizures has to report to higher officers.

(3) Every police officer acting under sub-section

(1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court,

2[or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation,] he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same

CRPC 103. Magistrate may direct search in his presence.—

Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

CRPC 104. Power to impound document, etc., produced.—

Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.

E.g court will take into its custody

CRPC CHAPTER VIII

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

CRPC 106. Security for keeping the peace on conviction.—

(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the

time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.

Legal terms

Conviction means = guilty and punishing

Discharge = there is no grounds to continue the TRAIL[no case at all ]

Acquittal = there is no proper evidence to prove. Hence released.

Executive Magistrate not working inside the court

Sub divisional magistrate = RTO

Divisional Magistrate = Collector

Judicial Magistrate = working in court- judges

CHAPTER IX- CRPC

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CRPC 125. Order for maintenance of wives, children and parents.—

(1)

If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

E.g Minor child (male/Female)

Legal terms / terminology

E.g Minor = 17 yrs + 364 days

Major = 18 yrs = 17 yrs + 365 days

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

E.g Here Major Child & unmarried Daughter,

(d) his father or mother, unable to maintain himself or herself,

E.g = both son & daughter [If any person having sufficient means--]

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Magistrate of the first class= Junior civil judge.

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:

E.g minor girl + married girl- his husband is unemployed - till the girl attains major.

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct

E.g when the case is going on an interim maintenance must be given, the amount is decided by the magistrate.

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

E.g the court expenses are also paid by the opposite party.

Explanation.—For the purposes of this Chapter,—

(a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority;

(b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

E.g unable to maintain means = she doesn't have a job but Their parents or siblings are taking care.

If the wife has an illegal affair and is getting money then she can't get maintenance.

(2)

Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.

E.g from the date of application the maintenance is calculated or date of order

(3)

If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s 4[allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

E.g breach of order, maximum 1 month term or until payment. After one month whatever has to be released

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

E.g : when the maintenance is not paid. So within the period of One year an application in the court to recover the amount then only a warrant will be issued.

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

E.g any grounds of refusal stated by her= like he is harassing her and the court believes it and orders maintenance.

E.g only on two grounds it is exempted = with another woman or keeps a mistress

(4)

No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5)

On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the magistrate shall cancel the order.

E.g after the wife is given a maintenance order, then after a few months proves that the ex-wife is living in adultery then the order is canceled.

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20 Aug

Daily One Legal Word :

Caveat

– A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.

- A notice, especially in a probate, that certain actions may not be taken without informing the person who gave the notice.

Daily One Advocacy Rule:

The Advocate shall never give False hope to the Client.

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HOME LAB : HANDS-ON

Criminal Major

Criminal Major Acts

Introduction

Disclaimer

Acknowledgments

CONTENTS

01 THE INDIAN PENAL CODE, 1860 [IPC]

02 THE CODE OF CRIMINAL PROCEDURE, 1973 [CRPC]

03 THE HINDU MARRIAGE ACT, 1955 [HMA]

04 THE CODE OF CRIMINAL PROCEDURE, 1973 [Continuation] [CRPC]

05 THE INDIAN EVIDENCE ACT, 1872 [IEA]

06 THE CODE OF CIVIL PROCEDURE, 1908 [CPC]

07 THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 [DVA]

08 THE TRANSFER OF PROPERTY ACT, 1882 [TPA]

09 THE INDIAN EASEMENT ACT, 1882 [IEA]

10 THE LIMITATION ACT, 1963 [LIA]

#LAW :Coaching Class : Criminal Major Acts :

16 Jul

Daily One Law Word :

Learn Daily One Advocacy Rule :

17 July

Daily One Legal Word :

Habeas Corpus

Daily One Advocacy Rule :

18 July

Daily One Legal Word :

Quid pro quo :

Daily One Advocacy Rule :

19 July

Daily One Legal Word :

Audi alteram partem

Daily One Advocacy Rule :

THE INDIAN PENAL CODE, 1860

e.g. - The honeymoon couple went to Sri Lanka and due to a quarrel he killed the wife and came back to india.

Legal Terms

Major Act Applicable in Entire India.

Minor Law is applicable for local government.

20 July : Monday

Daily One Legal Word :

Prima facie

Daily One Advocacy Rule :

**Definition of CRIME is not in IPC

**Offence is defined under sec 40.

Local Law : made by states

IPC 41. “Special law”:–

IPC 42. “Local Law” :-

IPC 43. “Illegal”; “legally bound to do:-

IPC 44. Injury :

IPC 45. Life :

IPC 46. Death :

IPC 53. “Punishments”

Legal Terms

IPC 47. “Animal”:–

Legal Terms:

use the legal terminologies and will create impact on the Judges

All the judges will wait for the respect and they will not act until you show to respect"

IPC 48. Vessel :

IPC 49. “Year”, “Month" :-

IPC 50. “Section” :-

IPC 51. Oath :

Legal Term

IPC 52. “Good faith”:–

IPC 52A. Harbour : Important section :

IPC 157. Harbouring persons hired for an unlawful assembly.

IPC 158. Aiding escape of, rescuing or harbouring such prisoners.

Difference B/w Section and clause

IPC 19. “Judge :

IPC 20. “Court of Justice”:–

IPC 21. “Public Servant" : -

Second:–

Third:–

Fourth:–

Fifth:–

Sixth:–

Seventh:

Eighth:

Ninth:

Tenth:

Eleventh:–

IPC // Important sections in IPC//

IPC //Case laws//