15Oct 2018 by Reese Bannister

Section 151 of Indian Penal Code, 1860 – Explained!

Law
Legal Provisions of Section 151 of Indian Penal Code, 1860.Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse:This section prescribed punishment for knowingly joining or continuing in an assembly of five or more persons, such assembly not being an unlawful assembly, after it has been commanded lawfully to disperse. While this section is similar in nature to section 145 of the Code, the difference between the two lies in the fact that while section 145 prohibits joining or continuing in an unlawful assembly when the same is lawfully commanded to disperse, this section prohibits joining or continuing in an assembly of five or more persons which assembly is not an unlawful assembly. ADVERTISEMENTS: The explanation under this section clarifies this point…
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15Oct 2018 by Reese Bannister

Section 143 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 143 of Indian Penal Code, 1860.Punishment to a member of an unlawful assembly:This section provides punishment to a member of an unlawful assembly. It says that whoever is a member of an unlawful assembly shall be punished with simple or rigorous imprisonment for a term extending up to six months, or with fine, or with both. image source: cdn.shareyouressays.com ADVERTISEMENTS: In other words, this section prescribes penalty for every member of an unlawful assembly irrespective of the fact whether he commits some offence or does anything in prosecution to the common object of such assembly or not. Mere membership of an unlawful assembly has been made punishable. The common object of an unlawful assembly need not be translated into action. A common object may have been…
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15Oct 2018 by Reese Bannister

Section 146 of Indian Penal Code, 1860 – Explained!

Violence
Legal Provisions of Section 146 of Indian Penal Code, 1860.Rioting:This section defines the offence of rioting. It says that whenever an unlawful assembly uses force or violence in prosecution of the common object of such assembly, or whenever any member of an unlawful assembly uses force or violence in prosecution of the common object of such assembly, the law holds each member of such assembly guilty of the offence of rioting. Use of force or violence distinguishes rioting from an unlawful assembly. image source: news.asiaone.com ADVERTISEMENTS: Force or violenceThe word ‘force’ which has been defined under section 349 of the Code clearly explains the word in the context of causing motion, change of motion or cessation of motion with respect to human body, and therefore, the same meaning is intended…
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15Oct 2018 by Reese Bannister

Section 147 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 147 of Indian Penal Code, 1860.Punishment for rioting:This section, which prescribed punishment for the offence of rioting, states that whoever is guilty of rioting shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. The penalty relates to cases of simple rioting only because rioting with deadly weapons has separately been made punishable under section 148 of the Code. ADVERTISEMENTS: It is perfectly legitimate to punish the accused persons only under this section even though they could not be convicted for the offence they allegedly committed in prosecution of the common object of the unlawful assembly because these charges could not be substantiated against them by evidence. In Ratnesh v. State, the charge of…
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15Oct 2018 by Reese Bannister

Section 121A of Indian Penal Code, 1860 – Explained!

Music
Legal Provisions of Section 121A of Indian Penal Code, 1860. conspiracy to commit offences punishable by Section 121:This section was inserted by the Indian Penal Code (Amendment) Act, 1870 and the words ‘and shall also be liable to fine’ were added by Act XVI of 1921. This section can be divided into two parts. According to the first part of this provision, whoever within or without India conspires to commit any of the three kinds of offences punishable under section 121, that is to say, waging war against the Government of India, or attempt to wage such war, or abetment of waging such war, shall be punishable under this section. ADVERTISEMENTS: This section does not distinguish between conspiracy within India and without, and punishment prescribed is same in both cases.…
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15Oct 2018 by Reese Bannister

Section 124A of Indian Penal Code, 1860 – Explained!

Photography
Legal Provisions of Section 124A of Indian Penal Code, 1860.Sedition:The offence of sedition was originally introduced under section 113 of Macaulay’s Draft Penal Code of 1837, but because of certain reasons, it was dropped when the Indian Penal Code was passed in 1860. Shortly thereafter, the then law member of the Government of India Sir Fits James Stephen introduced an amendment in the form of section 124-A through the Indian Penal Code (Amendment) Act, 1870 which was passed. ADVERTISEMENTS: The language of the section at that time was different from the present section 124-A. Thereafter a new section 124-A was inserted in place of the old section by the Indian Penal Code (Amendment) Act, 1898 which was modified by the Adaptation of Laws and Orders of 1937, 1948 and 1950…
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15Oct 2018 by Reese Bannister

Summary of Section 118 of Indian Penal Code, 1860 – Explained!

Design
Legal Provisions of Section 118 of Indian Penal Code, 1860.Concealing design to commit offence punishable with death or imprisonment for life:Sections 118, 119 and 120 of the Code deal with such abetments wherein there is concealment of design to commit an offence. This section is specifically related to concealment of such an offence which is punishable with death or imprisonment of life. ADVERTISEMENTS: The section states that whenever there is an intention on the part of an abettor to facilitate the commission of an offence punishable with death or imprisonment for life, or he knows it to be likely that he will thereby facilitate the commission of such an offence as mentioned above, and he voluntarily conceals, either by an act or by an illegal omission, the existence of a…
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15Oct 2018 by Reese Bannister

Section 109 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 109 of Indian Penal Code, 1860.Punishment of abetment if the act abetted is committed in consequence and where no express provisions is made for its punishment:This section provides for punishment to be meted out to an abettor. It says that wherever the act abetted has been committed in consequence of the abetment and there is no express provision in the Code regarding punishment of such abetment the abettor shall be punished with the punishment provided for the offence. Since abetment can be only by instigation, by conspiracy or by aiding, the explanation under this section states that act committed in consequence of abetment shall mean act committed in consequence of either of the three modes of committing abetment. ADVERTISEMENTS: The word ‘offence’ has the same meaning…
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15Oct 2018 by Reese Bannister

Section 107 of Indian Penal Code, 1860 – Explained!

Art
Legal Provisions of Section 107 of Indian Penal Code, 1860.Abetment of a thing:According to section 107 abetment of a thing can be by instigation, by conspiracy or by intentional aiding. It is clear from the definition that abetment involves active complicity on the part of the abettor at a point of time prior to the actual commission or doing of a thing. The definition given under the Indian Penal Code, has found reference in the General Clauses Act, 1897 also section 3 (i) of which states that in this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context, ‘abet’, with its grammatical variations and cognate expressions, shall have the same meaning as in the…
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15Oct 2018 by Reese Bannister

Alienations of Coparcenary Property under the Hindu Law – Explained!

Law
The Manager’s power to alienate (i.e. transfer) coparcenary property has already been discussed above. It is to be noted that under Hindu Law, only the following persons have the power to alienate coparcenary property, so as to pass a good title to the transferee:(1) The whole body of coparceners, if all of them are adults.(2) The manager, to the extent mentioned below. ADVERTISEMENTS: (3) The father, to the extent mentioned below.(4) A sole surviving coparcener, in the circumstances given below. Image Source: focolare.orgThe powers of each of the above four persons are discussed below in necessary details. It is to be remembered that no other coparcener can alienate coparcenary property, unless he is authorised to do so. (1) The whole body of coparceners: ADVERTISEMENTS: If all the coparceners are adults,…
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