09Oct 2018 by Reese Bannister

Section 105 of Indian Penal Code – Explained!

Violence
Section 105 of IPC – “Commencement and continuance of the right of private defence of Property.” Image Source: shareyouressays.com/wp-admin/post.php?post=119709&action=editUnder Section 105 the right of private defence of property commences when a reasonable apprehension of danger to the property commences. The right of private defence of property (i) against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered; (ii) against robbery continues, as long as the offender causes or attempts to cause to any person death, hurt or wrongful restraint or as long as the fear of instant death or instant hurt or instant personal restraint continues; (iii) against criminal trespass or mischief continues as long as the offender continues in the…
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09Oct 2018 by Reese Bannister

Section 101 of Indian Penal Code – Explained!

Essays
Section 101 of Indian Penal Code – “Private defence of body when extends to causing any harm other than death.” Image Source: upload.wikimedia.orgSection 101 provides that if the offence be not of any of the description enumerated in Section 100; the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend to the voluntary causing to the assailant of any harm other than death. ADVERTISEMENTS: Thus, under this section, any harm short of death can be inflicted in the exercise of the right of private defence in any case which does not fall within the provisions of Section 100.Instances of Exceeded Right of Private Defence:In a case a pistol was said to have been fired from close range…
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09Oct 2018 by Reese Bannister

Acquisition of Easements by Prescription – Section 25 | Limitation Act

Government
Section 25 of the Limitation Act, 1963 proves that:(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or water course or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible Image Source: ibainc.com ADVERTISEMENTS: (2) Each of the said periods of twenty years shall be taken to be a…
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09Oct 2018 by Reese Bannister

Understanding Section 4 of IPC – Extension of Code to Extra Territorial Offences

Government
The provisions of this Code apply also to any offence committed by: Image Source: img.washingtonpost.com(1) Any citizen of India in any place without and beyond India; ADVERTISEMENTS: (2) Any person on any ship or aircraft registered in India wherever it may be.Explanation:In this section the word ‘offence’ includes every act committed outside India which, if committed in India would be punishable under this Code.Extra-territorial Application: ADVERTISEMENTS: Sections 3 and 4 of the Code provide for the punishment of offences committed outside India. The provisions of the Code apply to any offence committed by (1) any citizen of India in any place without and beyond India, (2) any person on any ship or aircraft registered in India wherever it may be (Section 4).Under this section is discussed the extent of the…
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09Oct 2018 by Reese Bannister

What are the Applications of the Indian Penal Code?

International Law
The Code applies to all persons who may be guilty of any act or omission contrary to its provisions anywhere in India. Section 2 says that every person shall be liable to punishment under the Code and not otherwise for any act or omission contrary to the provisions thereof which he shall be guilty within India (Section 2). Image Source: keywestbrewfest.comSection 2 of the Code recognises the general principle of criminal jurisdiction over persons with reference to the locality after offence committed by them being within India. The use of the phrase “every person” in Section 2 as contrasted with the use of the phrase “any person” in Section 3 as well as Section 4(2) of the Code is indicative of the idea that to the extent that the guilt…
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09Oct 2018 by Reese Bannister

What do you mean by Abetment? (Indian Criminal Laws)

Career
A person may do an illegal act alone or in conjunction with other persons. When several persons take part in doing an act, each one of such persons may act in a manner and degree, different from others. The act may be done by one person and another may stand merely encouraging it and ready to give any help or one person may design the act and while remaining away from the scene of action have it executed by another. Image Source: icomputerdenver.comThen again such other person executing the act may be a willing agent or he may be a person under legal disability, such as, an infant or an insane person and the principles of liability will accordingly vary with differences of situation between collaborations. Crime in concert may…
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09Oct 2018 by Reese Bannister

Whether office-bearers of Co-operative Society are public servants?

Criminal Law
Recent developments in criminal jurisprudence of the country have made it quite of interest to examine as to whether the office-bearers of a co-operative society (e.g. its President and Secretary) should be regarded as public servants or not within the meaning of Section 21 of the I.P.C. It appears that there are two currents which permeate the judicial thought on the subject: one which is designedly specific and the other widely constitutional. The former is reflected in S.S. Dhanoa v. Municipal Corpn., Delhi and the latter in Daman Singh v. State of Punjab. Image Source: oldnews.aadl.orgA Commissioner appointed by a Civil Court without jurisdiction is not a “public servant” within the meaning of Section 21, I.P.C. Explanation to Section 21 has no application to such a case. ADVERTISEMENTS: For the…
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09Oct 2018 by Reese Bannister

Difference between Sections 34, 109 and 120 (B) of IPC – Explained!

Essays
Section 34 embodies the principle of joint liability in the doing of a criminal act, the essence of that liability being the existence of a common intention. Participation in the commission of the offence in furtherance of the common intention of all invites its application. Image Source: images.flatworldknowledge.comSection 109, on the other hand, may be attracted even if the abettor is not present when the offence abetted is committed provided that he has instigated the commission of the offence or has engaged with one or more other persons in a conspiracy to commit an offence and pursuant to that conspiracy some act or illegal commission taken place or has intentionally aided the commission of an offence by an act or illegal omission. ADVERTISEMENTS: Criminal conspiracy differs from other offences in…
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09Oct 2018 by Reese Bannister

Difference between Section 34 and Section 120 (A) of IPC – Explained!

Law
There is not much substantial difference between conspiracy, as defined in Section 120-A and acting on a common intention, as contemplated in Section 34. While in the former, the gist of the offence is bare engagement and association to break the law even though the illegal act does not follow, the gist of the offence under Section 34, is the commission of a criminal act in furtherance of a common intention of all the offenders which means that there should be unity of criminal behaviour resulting in something for which an individual would be punishable, as if it were all done by himself alone. Image Source: skeptic.comAll the accused against whom the prosecution alleges that there was unity of criminal behaviour actuated by a common intention to extort a confession…
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09Oct 2018 by Reese Bannister

Father’s Right to Hizanat or Custody of Children under Muslim Law

Law
All the schools of Muslim law recognize the right of the father to the custody of his minor children in the following two cases: (i) on the completion of the age by the child upto which mother or other females are entitled to its custody, and (ii) in the absence of the mother or other females who have the right to hizanat of minor children. The father cannot be deprived of the right of hizanat of his male child of seven years if he is not found to be unfit. Image Source: expertbeacon.comThe father’s right of hizanat continues till the child attains puberty. It appears that among the Shaffis and the Hanbalis, the father is entitled to the custody of his female children till they are married. ADVERTISEMENTS: Whether or…
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