Featured Post

INDIAN PENAL CODE

THE INDIAN PENAL CODE, 1860

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.

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.

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.

####***************************####***************************####***************************####

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.


####*********####


**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.


####***************************####***************************####***************************####

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.


####***************************####***************************####***************************####

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"


####***************************####***************************####***************************####

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.

####*********####

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.


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.


****_ ****


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 

####***************************####***************************####***************************####


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


####*********####


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

####*********####


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.


####***************************####***************************####***************************####


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.


####*********####

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


<PDF Content> <Start>

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. > 

<Stop><PDF Content>

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”


<PDF Content> <Start>

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.


####***************************####***************************####***************************####


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.


####******####

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.


####***************************####***************************####***************************####


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.

####*********####


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 

363|. Kidnapping. |Imprisonment for 7 years and fine.| Cognizable| Bailable| Magistrate of the first class|


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 

  1. Physical contact and advances involving unwelcome and explicit sexual overtures, 

  2. A demand or request for sexual favours,

  3. Demand or request of sexual favours,

  4. Showing pronography  against the will of a women

  5. 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. 

####***************************####***************************####***************************####


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

####*********####


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.

####***************************####***************************####***************************####

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


####***************************####******************************************####

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.



####***************************####***************************####***************************####

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

####*********####


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.

####***************************####***************************####***************************####


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.

####*********####

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:– 

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.


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. 

or

(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. 

####***************************####***************************####***************************####


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.

####***************************####***************************####***************************####




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.


####*********####


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)” 

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.


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 

####***************************####***************************####***************************####

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.

####*********####


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;

(c) affixes any [electronic signature] on 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.

####***************************####***************************####***************************####


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.

####*********####


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.


####*********####*********####*********####*********####*********####*********####*********####

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. 

  1. If you want to argue the case

  2. Which court it has to file

  3. Are the Civil cases has to be directly 

Two books : 

  1. Civil rules of practise.
  2. Criminal rules of practise.  

Bare Acts :

They can print Only government provided information and format. 


 ####*********####*********####*********####*********####*********####*********####*********####

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.


####***************************####***************************####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####***************************####***************************####


####***************************####***************************####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####

####***************************####***************************####***************************####



Updated : 2021

Key word search:

THE INDIAN PENAL CODE, 1860 [IPC],
THE CODE OF CRIMINAL PROCEDURE, 1973 [CRPC],
THE HINDU MARRIAGE ACT, 1955 [HMA],
THE INDIAN EVIDENCE ACT, 1872 [IEA],
THE CODE OF CIVIL PROCEDURE, 1908 [CPC],
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 [DVA],
THE TRANSFER OF PROPERTY ACT, 1882 [TPA],
THE INDIAN EASEMENT ACT, 1882 [IEA],
THE LIMITATION ACT, 1963 [LIA],

THE INDIAN PENAL CODE
THE CODE OF CRIMINAL PROCEDURE
THE HINDU MARRIAGE ACT
THE INDIAN EVIDENCE ACT
THE CODE OF CIVIL PROCEDURE
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT
THE TRANSFER OF PROPERTY ACT,
THE INDIAN EASEMENT ACT
THE LIMITATION ACT
#IPC #CRPC #DVA #HMA
Criminal Major Acts
a Handbook of notes
Law of India  
Indian law books 

Indian law bare acts

For complete link look into Criminal Major Acts Notes

Comments

Popular Posts

Chennai :MTC complaint cell Customer Care No.:+91-9445030516 /Toll Free : 18005991500

Finding the Information You Need Quickly and Easily

Marriage Registration Online steps [Tamil Nadu]