29Nov 2018 by admin

Section 80 of Indian Penal Code, 1860 – Explained!

Friends
Legal Provisions of Section 80 of Indian Penal Code, 1860.Accident in doing a lawful act:The defence of accident or misfortune is different from the general concept of an accident or misfortune as is commonly understood. To succeed under this section the following essential elements of the defence must be proved: ADVERTISEMENTS: (i) Something is done by accident or misfortune.(ii) There is absence of criminal intention or knowledge.(iii) The act done must be a lawful act.(iv) It must be done in a lawful manner. ADVERTISEMENTS: (v) It must be done by lawful means.(vi) It must be done with proper care and caution. Image Source: searchengineland.comIf any of the above mentioned six elements is absent, the defence under this section will fail. The words ‘accident’ and ‘misfortune’ used in this section have…
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29Nov 2018 by admin

Section 78 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 78 of Indian Penal Code, 1860.Act done pursuant to the judgment or order of Court: ADVERTISEMENTS: The section is a natural corollary to section 77 of the Code. It protects those who execute a judgment or order of the Court of Justice. The section says that whilst a judgment or order of a Court of Justice remains in force, anything done in pursuance of the same or warranted by the same is not an offence even if the Court may not have jurisdiction to pass such judgment or order provided the person who does the act believes in good faith that the Court did have such jurisdiction.The responsibility to prove good faith is on the accused and ‘good faith’ has the same meaning as given under…
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29Nov 2018 by admin

Section 63 of Indian Penal Code, 1860 – Explained!

Law
Legal Provisions of Section 63 of Indian Penal Code, 1860.Amount of fine: ADVERTISEMENTS: The section provides that while passing a sentence if the amount of fine is not indicated then the fine may be unlimited but it shall not be excessive. The nature of the offence and capacity of the offender to pay are naturally the relevant considerations to determine the amount.The use of the word ‘shall’ indicates that the fine must never be excessive. Section 25, General Clauses Act, 1897 relating to recovery of fines states that sections 63 to 70 of the Indian Penal Code and the provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to…
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29Nov 2018 by admin

Section 34 of Indian Penal Code, 1860 – Explained!

Friends
Legal Provisions of Section 34 of Indian Penal Code, 1860.Acts done by several persons in furtherance of common intention: ADVERTISEMENTS: This section lays down a very important principle of joint liability under criminal law. It says that when several persons do a criminal act in furtherance of the common intention of all of them, each one of them shall be liable for that act in the same manner as if he had done it alone. The fundamental principle of criminal liability is that the prosecution must prove the guilt of the accused beyond reasonable doubt.The principle is easily applicable in cases of liability of one single individual. But when the same is applied to cases where more than one person participate in the commission of a crime, it becomes very…
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29Nov 2018 by admin

Section 5 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 5 of Indian Penal Code, 1860.Certain laws not to be affected by this Act:This section excludes the jurisdiction of the Indian Penal Code in cases of mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India which are punishable under any Act or the provisions of any special or local law. Mutiny and desertion needed to be tackled separately. Many other countries also do likewise. Accordingly, this section specifically mentions that the Code shall not affect the provisions of any Act punishing mutiny and desertion in the Army, Navy or Air Force. The main Acts in this connection are the Army Act, 1950, Navy Act, 1957, Air Force Act, 1950 and Air Force and Army Laws (Amendment) Act, 1975.…
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29Nov 2018 by admin

Section 1 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 1 of Indian Penal Code, 1860.Title and extent of operation of the Code: ADVERTISEMENTS: This section gives a name, the Indian Penal Code, to this Act and clearly states that the Code shall be in operation throughout India except in the State of Jammu and Kashmir. In that State another Code, the Ranbir Penal Code, is in existence. Many provisions of these two Codes are similar in nature.The expression ‘India’ has been defined in Section 18 of this Code as excluding the State of Jammu and Kashmir. According to Article 1 (1) of the Constitution of India, India shall be a Union of States. Article 1 (2) states that the States and the territories thereof shall be as specified in the First Schedule. Article 1 (3)…
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29Nov 2018 by admin

What is the difference between a partnership and a joint Hindu family firm?

Business
The following are the points of distinction between a partner­ship and joint Hindu family firms:-(1) Family firm unlike partnership is not dissolved on the death of a coparcener. ADVERTISEMENTS: (2) A coparcencr is not entitled to ask for account on his leaving the coparcenary while a partner can.(3) Only the manager has the power to contract debts and pledge the credit of family property for family business. In case of partnership any partner can bind other coparceners, by the debts incurred in the course of business. Image Source: colourbox.com(4) The liability of the manager for debts incurred in business extends to his separate property as well while the other members are only liable to the extent of their interest in the family property unless they themselves are the contracting parties…
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29Nov 2018 by admin

Short Essay on the Historical Materialism

Development
Historical materialism or the materialist inter­pretation of history implies that all phenomenon of history are dependent on economic factors.According to Marx, production is the most fundamental of all human activities. Society is the outcome of men’s cooperation to produce for the satisfaction of human needs. But, changing needs, defective mode of production and limited knowledge continue to put strain on any given system of production.Marx in his “Preface of the contribution to the Critique of Political Economy” holds that “In the social production of their life men enter into definite relations that are indispensable and independent of their will; relations of production which correspond to a definite stage of development of their material productive forces. Image Source: fm.cnbc.com ADVERTISEMENTS: The sum total of these relations of production constitutes the economic…
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29Nov 2018 by admin

Short Speech on Religion and Sects

Development
Some narrow-minded people show unnecessary opposition by comparing religion with sects. We should clearly understand the meaning of religion and sects. Religion is taken in the wider sense which means spiritual development of human society through the welfare of mankind.In other words, religion means human religion which every society is prepared to accept. A sect (belief) is a specific religious viewpoint of a group of persons. That is the individual belief of the persons of that group, based on the wider values of religion.It is not necessary for other sects to accept that belief. Hindu religion accepts the opinion of Vedas, Islam that of the Quran and Christians of Bible. Image Source : deolaonline.com ADVERTISEMENTS: Islam Dharm has its origin from the word ‘Salm’. ‘Salm’ means peace which has been…
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29Nov 2018 by admin

10 Important Characteristics of a Political System

Decision Making
Main characteristics of political system are as follows: 1. A political system is a set of intersections abstracted from the totality of social behaviour, through which values are allocated for a society. 2. There are certain properties common to both natural and social systems. Like natural systems, social systems possess properties that enable them to cope with the words—types of disturbances to which they may be subjected.Like a living system the political system has ‘responding’ and ‘self regulating’ mecha­nisms by which it can change, correct and readjust its processes and structures in the face of activity which threatens to disrupt its own activity.3. Political system is not a static but a dynamic affair. ADVERTISEMENTS: It is on account of the feedback mechanism that the system persists even though everything associated…
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