25Oct 2018 by Reese Bannister

What is necessary to constitute the offence of waging or at­tempting to wage war against the Government of India?

Government
Offences against the State: The offences against the State may be classified as under: Image Source: cdn.shareyouressays.com ADVERTISEMENTS: 1. Waging or attempting or conspiring to wage or collecting men and ammunition to wage war against the Government of India (Ss. 121, 121-A, 122 and 123); 2. Assaulting President, or Governor of any State with intent to compel or restrain the exercise of any lawful power (S. 124); 3. Sedition (S. 124-A); 4.War against a power at peace with the Government of India or committing depredations on the territories of such power (Ss. 125-126); and 5. Permitting or aiding or negligently suffering the escape of, or rescuing or harbouring a State prisoner. (Ss. 128-130). Ingredients of the offence of waging war against Govern­ment: The waging of war is the attempt to…
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25Oct 2018 by Reese Bannister

The Liability for Constructive Criminality as Provided in Section 149 of the Indian Penal Code

Law
Section 149 of the Code lays down that if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly know to be likely to be committed in prosecution of the object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. Image Source: shaktivahini.files.The ingredients of this section are the commission of an offence by any member of an unlawful assem­bly and such offence must have been committed in prosecution of the common object of the assembly, or must be such as the members of the assembly knew to be likely to be committed.The object of the section…
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25Oct 2018 by Reese Bannister

Acts done by several persons in furtherance of common intention (Section 34 of the Indian Penal Code)

Events
Section 34 of the Indian Penal Code lies down that 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. Image Source: cdn.shareyouressays.comThe essential ingredients to be proved in order to fix joint respon­sibility are (a) that criminal act was done; (b) that the said act was done by several persons; and (c) that several persons did it is further­ance of the common intention of all, i.e., there was a pre-arranged plan in pursuance of which the criminal act was done and the act of each accused helped to further the common intention. ADVERTISEMENTS: The word “act” referred to in this section…
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25Oct 2018 by Reese Bannister

The Essential Ingredients of the offence of Per­jury? (Indian Penal Code, 1860)

Law
Section 191 lays down that who­ever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Image Source: cdn.shareyouressays.comThe ingredients of the offence giving false evidence are: (1) a person must be legally bound (a) by an oath or any express provision of law to state the truth; or (b) to make a declaration up on any subject; (2) he must make a false statement; (3) he must know or believe it to be false; or (4) not believe it to be…
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25Oct 2018 by Reese Bannister

The Law of Exemption from Criminal Liabil­ity in the Case of Minors (Indian Penal Code, 1860)

Law
An infant under the age of seven years is by presumption of law doli inscape and cannot be endowed with any discretion. He cannot distinguish right from wrong and if he is prosecuted the very fact that he is below seven years is a sufficient answer to the prosecution. The law is that nothing is an offence which is done by a child under seven years of age. (S. 82). Image Source: traffickingnews.filesA child above seven years of age and fewer than twelve is liable if he has attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. (S. 83). ADVERTISEMENTS: Thus, where the accused is above 7 but below 12 years, the incapacity to commit an offence only arises if the…
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25Oct 2018 by Reese Bannister

What is the difference between simple and grievous hurt ? (Indian Penal Code, 1860)

Essays
Section 319 provides that “whoever causes bodily pain, disease or infirmity to any person is said to cause hurt” (One year and fine). The definition of pain contemplates the causing of pain, etc. by one person to another. Where serious mental derange­ment is caused by some voluntary act, a hurt is caused. But harm so slight that no person of ordinary sense and temper would complain of it is excluded by Section 95 of the Code. Image Source: cdn.shareyouressays.com Grievous Hurt: Section 320 lays down the following kinds of hurt only which are designated as “grievous”: ADVERTISEMENTS: (1) Emasculation i.e., depriving a person of masculine vigour;(2) Permanent privation of the sight of either eye;(3) Permanent privation of hearing of either ear;(4) Privation of any member of joint ADVERTISEMENTS: (5) Destruction…
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25Oct 2018 by Reese Bannister

How to make a successful negotiation? (11 Noteworthy Points)

Emotions
Given its complex nature, the process of negotiation calls for tremendous skills and capabilities from the people who are a party to the negotiations. While what happens during the negotiations itself is no doubt significant, what also matters is the preparation done beforehand, the credibility of key persons in the negotiating teams, their track records, confidence- building measures, and the negotiation skills and styles of people associated with the process. Image Source: prismlg.comWhile there are different styles relating to negotiation, the most desirable style relates to the win-win approach. This approach is based on a balanced give-and-take stance. Neither of the teams takes ah authoritarian or win- at-all-costs attitude. ADVERTISEMENTS: Winning is important, but what is also important is the process of negotiation and keeping the other party satisfied. While…
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25Oct 2018 by Reese Bannister

Importance of Communication During the Changes in Business Organization

Case Study
Change, it is said, is the only constant in life. This is true as much for business organizations as it is for individuals. In the dynamic context in which every business operates, nothing remains static. Image Source: communicationtheory.orgBusinesses which do not prepare themselves for change do so at their own peril. That is why progressive business organizations not only adopt themselves to change, but in fact anticipate change and be in a state of preparedness to respond quickly and effectively. They are not merely reactive, but indeed proactive. ADVERTISEMENTS: The dynamics of change is a reality and certainty that every market player has to recognize and factor in their functioning. Business communicators should be well aware of this dimension.When we talk of change management here, we are referring to not…
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25Oct 2018 by Reese Bannister

How to Write Credit and Status Enquiry Letters?

Tech & Engineering
The words enquiry and inquiry mean almost the same and are used interchangeably. Enquiry relates to the act or process of seeking information. In everyday correspondence, people in business have to deal with numerous letters of enquiry. Image Source: appwk.baidu.comWhen people need information about products, services, terms and conditions, margins and discounts, opening and closing, and a host of such relevant details from banks, insurance companies, traders, suppliers, transporters and the like, letters have to be sent or calls made. It could be a traditional letter or an e-mail. ADVERTISEMENTS: Similarly, organizations which receive such letters of enquiry have to respond by providing the information sought swiftly and courteously. Two such common types of enquiries in the world of business are credit and status enquiries. Drafting of such enquiry letters…
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25Oct 2018 by Reese Bannister

What is the importance of Intrapersonal Communication?

Art
The word ‘intra’ means inside or within. In contrast to interpersonal communication, which implies communication with the other person, intrapersonal communication implies with the self. It refers to communication within the self, involving the process of thinking and feeling. Intrapersonal communication is a method of communication that helps every person to communicate with himself or herself. It helps in clarifying what is known as the self-concept. It is basically an inward- looking exercise.Intrapersonal communication can also be understood as self-talk. Self- talk is recognized as the verbal side of thinking. There is indeed a positive side of self-talk. Self-talk, also recognized as self-dialogue or inner speech, is what you say to yourself during your waking hours. ADVERTISEMENTS: It is necessary to create self-awareness about self-talk. Such awareness helps analyze self-…
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