21Oct 2018 by Reese Bannister

When can bail be granted in a non-bailable offence? (CrPC, 1973, India)

Essays
In what case a bail to be taken: Section 436, Cr.P.C. lays down that where an arrested person is accused of a bailable offence, he shall be released on bail at any time while in custody, if he is prepared to give bail, provided that the officer-in-charge of a police station detaining him without a warrant, or the court may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance.In every bailable offence bail is granted to the accused as a matter of right and not as a matter of favour. In such cases there is no question of discretion in granting bail, as the words of Section 436 are imperative. All that the court can do is to demand a…
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21Oct 2018 by Reese Bannister

What are the Legal Provisions Relating to the Preventive Action of the Police? (CrPC, 1973, India)

Design
Sections 149 to 153 lay down the provisions relating to preventive action of the police. Such action of the police officer falls into following three categories, viz.—(i) prevention of cognizable offence, (ii) prevention of injury to public property, and (iii) inspection of weights and measures.In the very nature of things there can be no judicial inquiry in a case of police action, because the police have to act on their own initiative according to the urgency of the case. Image Source: s4.scoopwhoop.com ADVERTISEMENTS: The powers given to the police under these sections are as follows:(1) Every police officer may interpose for the purpose of preventing the commission of a cognizable offence, i.e., an offence for which he could arrest without a warrant. (Section 149)On receiving information of a design to…
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21Oct 2018 by Reese Bannister

What is the Difference Between Section 106 And Section 107? (CrPC, 1973, India)

Essays
Wherever an executive Magistrate receives information that any person: (i) is likely to commit a breach of the peace or disturb the public tranquility, or (ii) to do any wrongful act affecting peace and public tranquility, he may, if in his opinion there is sufficient ground for proceeding, require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period not exceeding one year. (Section 107). Two things are necessary to warrant an action under this section.—(i) Information should be laid before an executive Magistrate, and ADVERTISEMENTS: (ii) The Magistrate should be satisfied that there is sufficient ground for proceeding.Section 107 (2) lays down that proceedings under this section may be taken before any executive…
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21Oct 2018 by Reese Bannister

What are the Essentials of a Valid Complaint? (CrPC, 1973, India)

Law
“Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Code of Criminal Procedure that some person, whether known or unknown, has committed an offence, but it does not include a police report. [Section 2 (d)] ADVERTISEMENTS: To constitute a complaint there must be an allegation made with a view to the recipient taking action under the Code, charging some person with a particular offence. A mere presentation of petition to a Magistrate to enable him to take administrative action is not a complaint within the terms of the definition.It must be presented to him with a view to his taking action under the Criminal Procedure Code. A complaint need not necessarily be made by the person aggrieved but…
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21Oct 2018 by Reese Bannister

What are the Different Moral Postulates in Ethics? – Explained!

Emotions
Freedom of will: In the field of Ethics, reason cannot explain either the basis of morality or its postulates. Freedom of will is a fundamental postulate of Ethics. If all of man’s volition is controlled by external nature, then morality does not have any meaning. Image Source: consciouslifenews.com“Thou ought top’s, therefore thou canst.” This is what Kant’s words implied. Immortality of soul: ADVERTISEMENTS: According to Kant, the second postulate of ethics is the Immortality of the soul. Morality lies in winning the continuous struggle between desire and duty but this activity is so difficult that it seems well nigh impossible to complete it in one limited life.Thus in the absence of many lives, the very possibility of the attainment of the aim of morality is undermined. Consequently, it is indispensable…
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21Oct 2018 by Reese Bannister

What are the Differences between the Theories of Mill and Bentham?

Sociology
Mill’s theory differs from Bentham’s even though Mill has founded the school of Utilitarianism on Bentham’s principles the theories of Mill and Bentham differ from each other in the following respects: (1) Qualitative distinctions in tendencies: Bentham does not admit any difference in tendencies but Mill classified human tendencies and by virtue of qualitative difference called some noble and others base. In this way, he said that intellectual tendencies are far superior to physiological tendencies. Image Source: quotationof.com (2) Qualitative distinctions in pleasures: ADVERTISEMENTS: In the same way, Mill made qualitative distinctions in different pleasures. According to Bentham, all pleasures are similar. If the quantity of pleasure be the same, then there is no difference between poetry and pushpin.Contrary to this, according to Mill, “It is better to be a…
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21Oct 2018 by Reese Bannister

Important Provisions Of Chapter XII Of The Criminal Procedure Code – Explained!

Construction
‘Investigation‘ as provided under Chapter XII of the Criminal Procedure Code consists of the steps of proceeding to the spot, investigating the facts and circumstances of the case, taking measures for discovery and arrest of the alleged offender, examining the persons acquainted with the circumstances of the case, searching and seizing any material and ultimately submitting a report under Section 173, Cr.P.C. If, in the opinion of the investigating officer, the accused should be tried.When a public servant demands bribe and in a trap laid with a decoy that public servant makes that demand and a complaint in writing is given by the decoy, since the demand amounts to a cognizable offence, the information given by the complainant is in relation to the commission of a cognizable offence within the…
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21Oct 2018 by Reese Bannister

Essay on the Importance of “Family” in Society

Traditions
According to Aristotle, community is a union of families. Thus family is the unit of community. It is the nucleus of the social organization. Starting from ancient times and right up to the present age, family has been important in the form of a fundamental unit. In the words of Biesanz and Biesanz, “The family is the basic and universal institution. Upon it depends the survival of every society.” Family is the first institution in the history of man. In the ancient age man lived in small families, which lacked any kind of organization or permanence. But they served to fulfill simple biological and psychological needs. Image Source: urantiabook.org ADVERTISEMENTS: Generally, the family consisted of husband and wife and their offspring. The powerful men possessed many wives and thus they…
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21Oct 2018 by Reese Bannister

3 Important “Theories of Punishment” (Retributive, Preventive and Reformative)

Marriage
3 Important “Theories of Punishment” (1. Retributive, 2. Preventive, 3. Reformative are briefly described below:Of the various theories of punishment the following there are the most important and typical Retributive, preventive and reformative. 1. Retributive Theory: According to the retributive theory the purpose of punishment is to seek revenge. It is the theory described in the Old Testament as an eye for an eye and a tooth for a tooth. Image Source: orig04.deviantart.net ADVERTISEMENTS: According to the German philosopher Kant, the offender should not be punished for the reason that it is the means to his or another’s benefit but for the simple reason that he has committed a crimeA court of law repays to one only that which he has acquired. He has done crime and it is logical…
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21Oct 2018 by Reese Bannister

Short Essay on the “Role of Media” in Our Daily Life

TV
Today our life is full of mass media. Our day begins with a newspaper delivered to us with our morning cup of tea. Some of us switch on to radio or TV while getting ready for the day and try to absorb the latest developments since the newspaper went to bed (sent for printing) last night.Both on radio and TV advertisements are sandwiched between news items and songs as the case may be. These advertisements try to influence our minds about what we should eat, drink, wear or buy in general.They even caution us against diseases like AIDS, remind us about polio drops, inform us about forthcoming films and motivate our thinking in a subtle manner. Before leaving home for the day some of us check and reply our e-mails…
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