30Nov 2018 by admin

Section 142 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 142 of Indian Penal Code, 1860.Being member of unlawful assembly: ADVERTISEMENTS: The section states as to who can be said to be a member of an unlawful assembly. It says that whoever intentionally joins an unlawful assembly or continues in it, being aware of facts which render such assembly an unlawful assembly, is said to be a member of an unlawful assembly. Intentional joining or continuing is necessary and that too when the offender knows that because of certain facts the assembly has become an unlawful assembly.The word “continues” means that member remains physically present as a member of such assembly. An assembly may initially have been harmless, but once it turns unlawful because of the presence of common object as enumerated under any clause of…
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30Nov 2018 by admin

Section 141 of Indian Penal Code, 1860 – Explained!

Music
Legal Provisions of Section 141 of Indian Penal Code, 1860.Unlawful assembly:This section defines unlawful assembly. ADVERTISEMENTS: Five or more personsAccording to it, for an unlawful assembly there must be a minimum of five persons. Therefore, an assembly of up to four persons cannot be designated an unlawful assembly. An assembly of five or more persons’ becomes an unlawful assembly only when the common object of the members composing it falls under at least any one of the five clauses enumerated in the section. Image Source: umanitoba.caCommon object ADVERTISEMENTS: The expression ‘common object’ has nowhere been defined in the Code. It, however, means that the object must be common to the person comprising the assembly, that is to say, that they are all aware of it and concur in it. But…
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30Nov 2018 by admin

Short Essay on “Civil Law”

Fashion
The term ‘civil law‘ denotes the law of the land. It is termed civil to mean the law of the civitas or State. The name is derived from the jus civil of the Romans. That was the law peculiar to a particular State, e.g., Rome. Holland uses the term “positive law”.He observes that “a law, in the sense in which that term is employed in jurisprudence, is enforced by sovereign political authority. It is thus distinguished not only from all rules which, like the principles of morality and the so-called law of honour and of fashion are enforced by an indeterminate authority, but also from rules enforced by a deter­minate authority, which is cither, on the one hand, superhuman, or, on the other hand, politically subordinate. In order to emphasize…
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29Nov 2018 by admin

Section 105 of Indian Penal Code, 1860 – Explained!

Law
Legal Provisions of Section 105 of Indian Penal Code, 1860.Commencement and continuance of the right of private defence of property: ADVERTISEMENTS: While section 102 of the Code deals exclusively with commencement and continuance of the right of private defence of the body, this section relates to the same questions with respect of the right of private defence of property. According to the first para of this section the right of private defence of property commences with the commencement of reasonable apprehension of danger to the property. It is not necessary for this defence to arise that offence against property must first be committed or attempted.The right gets vested the moment reasonable apprehension of danger commences with respect to the property. This para is limited only to the question of commencement…
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29Nov 2018 by admin

The Difference Between Hindu Coparcenary And Joint Family – Explained!

Essays
To understand the conception of coparce­nary it is necessary to note the distinction between ancestral and separate property. The property inherited by a Hindu from his father’s father and father’s is ancestral property. Property inherited by other relations is his separate property. The essential feature of ancestral property is that if that person inherit­ing it has sons, grandsons or great grandsons, they become joint owners with him. They become entitled to it by reason of their birth. Father, son, son’s and son’s son together constitute coparcenary, because they have common ownership in the ances­tral property. The conception of a joint Hindu family constituting a copar­cenary is that of a common male ancestor with his lineal descen­dants in the male line four degrees counting from and inclusive of such ancestor. No…
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29Nov 2018 by admin

Section 102 of Indian Penal Code, 1860 – Explained!

Law
Legal Provisions of Section 102 of Indian Penal Code, 1860.Commencement and continuance of the right of private defence of the body: ADVERTISEMENTS: This section deals with two very important aspects of the right of private defence of body— at what point of time does the right commence and how long does it continue. Regarding the first aspect the section says that the right commences at that point of time when a reasonable apprehension of danger to the body arises either from an attempt to commit an offence on the body or from a threat to commit such offence even though in either of these cases the offence itself may not have been committed.As of the second aspect the right continues till such apprehension of danger to the body continues. This…
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29Nov 2018 by admin

Section 99 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 99 of Indian Penal Code, 1860.Act against which there is no right of private defence: This section deals with the general restrictions or limitations which have been put on the right of private defence. In other words, this section lays down certain basic principles which must always be kept in mind while dealing with this defence. Section 97 expressly states, as already seen earlier, that the right of private defence is subject to the restrictions contained in section 99 of the Code. These restrictions have been enumerated in the form of four principles dealt with in four paras under this section. Image Source: khanlegal.com.au ADVERTISEMENTS: The First ParaWhenever an act is done or attempted to be done by a public servant who acts in good faith…
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29Nov 2018 by admin

Section 97 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Essays
Legal Provisions of Section 97 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Search for persons wrongfully confined:Application of Section 97 is limited to persons who are wrongfully confined. Where a person is confined under such circumstances that the confinement amounts to an offence of wrongful confinement (Section 340, I.P.C.), a search warrant may be issued by District Magistrate, Sub-divisional Magistrate or a Magistrate of the first class for the person so confined. Therefore, the warrant issued under this section is in the nature of a writ of habeas corpus for rescue of a wrongfully confined person by the police under an order of the Magistrate. ADVERTISEMENTS: Before issuing a warrant under this section, the Magistrate has to satisfy himself that a person has been wrongfully detained. However, this section does…
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29Nov 2018 by admin

Section 86 of Indian Penal Code, 1860 – Explained!

Law
Legal Provisions of Section 86 of Indian Penal Code, 1860.Offence requiring a particular intent or knowledge committed by one who is intoxicated: ADVERTISEMENTS: This section should be read together with section 85 of the Code. Whereas section 85 deals with the defence of intoxication, this section talks about matters relating to presumption in certain cases where the question of intoxication is involved. There are many sections in the Indian Penal Code wherein an accused can be held guilty only when a particular knowledge or intent is proved against him by the prosecution.In such cases if it is proved that the accused had acted in a state of intoxication, it shall be presumed that he knew the consequences of his act in the same manner as if he had not been…
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29Nov 2018 by admin

Theory of Pious Obligation of a Son to Pay Debts of Father–Explained!

Law
The doctrine of pious obligation is not based on any necessity for the protection of third but is based on the pious obligation of the sons to see their father’s debts paid. (Sat Narain v. Sri Kishen Das, 63 LA. 384: A. I.R. 1936 P.C. 277). The doctrine of pious obligation under which sons are held liable to discharge their father’s debts is based solely on religious consid­eration.It is thought that if a person’s debts are not paid and he dies in a state of indebtedness, his soul may have to face evil consequences, and it is the duty of his sons to save him from such evil consequences. The basis of the doctrine is thus spiritual and its sole object is to confer spiritual benefit on the father.It is…
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