11Oct 2018 by Reese Bannister

Section 387 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 387 of Indian Penal Code, 1860.Putting person in fear of death or of grievous hurt, in order to commit extortion:Putting or attempting to put any person in fear of death or of grievous hurt in order to commit extortion has been punished under this section. The section states that whoever either puts or attempts to put any person in fear of either death or of grievous hurt to that person or to any other person, in order to the committing of extortion, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. Image Source: f1.bcbits.com ADVERTISEMENTS: The use of the words ‘in order to the committing of extortion’ show that commission of extortion…
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11Oct 2018 by Reese Bannister

Section 379 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 379 of Indian Penal Code, 1860.Punishment of theft:This section prescribes punishment for the offence of theft. It states that whoever commits theft shall be punished with simple or rigorous imprisonment for a term extending up to three years, or with fine, or with both. The amount of fine, if imposed, should be commensurate with the value of the article stolen. A fine of five hundred rupees to an accused who had abetted theft of coal worth eight rupees was held to be too irrational and the case was sent back to the lower court to be disposed of under the probation law. Image Source: file3.answcdn.com ADVERTISEMENTS: Similarly, release on probation of good conduct could be ordered where the accused is in his teens and a considerable…
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11Oct 2018 by Reese Bannister

Difference between “Mistake of Fact” and “Mistake of Law” – Indian Criminal Laws

Marriage
Mistake of Fact:Section 76 applies to mistake of fact and not to mistake of law. This section and Section 79 are a paraphrase of the English Common Law maxim in its application to criminal law, Ignorantia facit excusat : ignorantia juris non excusat. (Ignorance of fact excuses, ignorance of law does not excuse). Image Source: i.ytimg.com ADVERTISEMENTS: The distinction between these two sections is that in the former a person is assumed to be bound, and in the latter to be justified by law; under both these sections there must be a bona fide intention to advance the law, manifested by the circumstances attending the act which is the subject of charge.Under Sections 76 and 79 mistakes must be one of fact and not of law. Mistake has a recognised…
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11Oct 2018 by Reese Bannister

Difference between ‘Abetment and ‘Conspiracy’ – Explained!

Government
Abetment is of three kinds: (i) abetment by instigation, (ii) abetment by aid, (iii) abetment by conspiracy. Abetment may be committed in various ways. Conspiracy is one of many such ways. Conspiracy is punishable in some cases as mere agreement with no overt act in pursuance therefore, but even abetment by conspiracy requires an overt act the spoken word or the manifest gesture to constitute it. Image Source: 3.bp.blogspot.comAbetment is not punishable per se but conspiracy is. ADVERTISEMENTS: The Supreme Court has held that the distinction between the offence of abetment under the second clause of section 107 and that of criminal conspiracy under Section 120-A is that, in the former offence a mere combination of persons or agreement between them is not enough.An act or illegal omission must take…
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11Oct 2018 by Reese Bannister

Difference between "common object" and "common intention" (Section 34 and 449 of IPC)

Essays
There is much difference in the scope and applicability of Section 34 and Section 149, I.P.C., though they have some resemblance and are to some extent overlapping. Image Source: images.flatworldknowledge.comSection 34 does not by itself create any offence, whereas Section 149 does. In a charge under Section 34 there is active participation in the commission of the criminal act, under Section 149 the liability arises by reason of the membership of the unlawful assembly with a common object, and there may be no active participation at all in the preparation or commission of the crime. ADVERTISEMENTS: Sections 34 and 149 —”Common object” and “Common intention” —Distinction: The principal element in Section 34 is the common intention to commit a crime. There is no question of common intention in Section 149.…
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11Oct 2018 by Reese Bannister

Essay on Law, Ethics and Natural Justice

Marriage
When we judge human action as right or wrong we apply certain principles. There is an inborn sense of right and wrong in human nature. Who taught us to respect truth, and to despise deceit? ‘Right’ and ‘wrong’ are essentially a social phenomenon. Image Source: 2.bp.blogspot.comThey are born of social contract. There are two branches of human learning which are devoted to the study of right and wrong, law and ethics of the science or morals. These two branches are closely connected. They are different aspects of the same problem. ADVERTISEMENTS: Both law and morals regulate human conduct in allied but essentially distinct ways. Laws tell us that this is a right act and that is a wrong act, that a man shall do this and shall not do that.…
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11Oct 2018 by Reese Bannister

Distinction between "Dishonestly" and "Fraudulently"

Criminal Law
Dishonestly in law differs from the fraudulently of the market place. For the layman the term means deceit. Deceit is an intentional misrepresentation or concealment and it is an essential element of fraud but not of “dishonesty” in law. Image Source: rudnermacdonald.comSri Hari Singh Gaur in his book: ‘The Penal Code of India’ has pointed out three essential elements of dishonesty in law, namely; (a) intention, (b) employment of unlawful means, and (c) acquisition of property to which one has no right. ADVERTISEMENTS: The intention may be to cause wrongful gain or wrongful loss and it may or may not actually mature into such gain or loss of property but such gain or loss must be the intention with which an act is done before such act can be called…
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11Oct 2018 by Reese Bannister

Ingredients of Section 34 of IPC – Acts done by Several Persons in Furtherance of Common Intention

Family Members
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; crimlawguide.com.auIngredients of Section 34: ADVERTISEMENTS: For the applicability of Section 34 following elements are necessary:(i) Criminal act;(ii) Done by several persons;(iii) In furtherance of common intention of all. ADVERTISEMENTS: In Surendra Chauhan v. State of M.P.,it was held that to apply this section, apart from the fact that there should be two or more accused, two facts must be established: (1) Common Intention (2) participation of the accused in the commission of an offence.(i) Criminal Act:The section speaks of a “criminal act” being done by several persons. If the act…
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11Oct 2018 by Reese Bannister

General Principle of Joint Offenders and Joint Liability Section 34 of IPC – Explained!

Law
When an offence is committed by one person only there is no difficulty in determining his guilt, but when it is committed by two or more persons the question arises “How far is each liable?” The question is more difficult to answer where the offence does not consist of a single act or omission but consists, as is generally the case, of a series of acts or omissions, and only some part of such series is executed by a person acting in concert with others. Image Source: tribktla.files.wordpress.com ADVERTISEMENTS: For instance, A, B, C and D plan the abduction of E’s wife for an immoral purpose. D goes to E’s house in E’s absence to detain E’s wife at the house to see that she does not go out anywhere.…
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10Oct 2018 by Reese Bannister

Short Speech on “Disaster” (250 Words)

Management
Disaster is a calamity of sudden occurrence, a catastrophe causing injury and death to a large number of people during a short span of time. image source: newsnetwork.mayoclinic.orgDisasters have resulted from one or more primary causes or hazards] such as an earthquake, heavy rainfall, hurricane, chemical accident, drought, or armed conflict. ADVERTISEMENTS: Some hazards e.g. earthquake and hurricane kill and injure many people at the time of impact. Often, however, the greatest toll on humankind is due to secondary effects such as flooding, fires, famine and multitude of refugees.In general, the primary cases of disasters are not preventable. Their secondary effects however are amenable to prevention, or at least mitigation.WHO defines a disaster as any occurrence that causes damage, economic disruption, loss of human life and deterioration of health and…
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