28Sep 2018 by admin

Essay on the Important Theories of Collective Violence (424 Words)

Trade
Essay on the Important Theories of Collective Violence !There are five basic theories that provide the framework for understanding the incidents of collective violence. image source: mediad.publicbroadcasting.net ADVERTISEMENTS: They are as follows: 1. Theory of irrationality: According to this theory, people indulging in collective violence understand and foresee the consequences of their actions when they act in large groups and crowds. Freud has supported this theory. The agitation by the Gujar community in Rajasthan in 2008 against the Government and insurgency prevailing in North-East parts of India provide an illustration of this kind of collective violence. Terrorism and naxalite movement is also covered under this theory. 2. Theory of Frustration-Aggression: It has generally been observed that uprisings and collective violence often errupts due to deprivation of people of their socio-economic…
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28Sep 2018 by admin

Section 24 of the Indian Evidence Act, 1872

Criminal Law
Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding:A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise, having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds, which would appear to him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. Image Source: subrenovationis.files.wordpress.com ADVERTISEMENTS: Comments: A confession is an admission by the accused. Section 17 defines admission as statements from which an inference can be…
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27Sep 2018 by admin

Section 17 of the Indian Evidence Act, 1872

Marriage
Admission defined:An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. Image Source: 959watd.com ADVERTISEMENTS: Comments: Scope:Section 17 defines the term “admission.” According to the definition an admission: (i) is a statement, oral or documentary or contained in electronic form, (ii) which suggests any inference as to any fact in issue or relevant fact, and (iii) which is made by any person under the circumstances hereinafter mentioned. Such circumstances as “hereinafter mentioned” have been mentioned in Sections 18 to 30.Strictly speaking, the admission has been dealt with in Sections 17 to 23 and 31, whereas Sections 24 to 30…
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27Sep 2018 by admin

Conviction on plea of guilty (Section 229 of CrPc)

Law
Legal provisions regarding conviction on plea of guilty under section 229 of the Code of Criminal Procedure, 1973.Section 229 of the Code of Criminal Procedure provides that if the accused pleads guilty, the judge shall record the plea and may, in his discretion, convict him thereon. Image Source: i.ytimg.com ADVERTISEMENTS: The accused should plead by his own mouth and not through his counsel or pleader. Any admission made by his pleader is not binding on him.The accused can plead guilty under Section 229, or he can claim to be tried under Section 230, or he can refuse to plead. The plea of ‘not guilty’ is not recognized by the Code and it amounts to a claim to be tried.It would be violative of Article 21 of the Constitution to induce…
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27Sep 2018 by admin

Section 23 of the Indian Evidence Act, 1872

Communications
Admissions in civil cases, when relevant:In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Image Source: izokey.com ADVERTISEMENTS: Explanation:Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126.Comments: Principle: ADVERTISEMENTS: Section 23 is applicable only to civil cases and gives effect to the maxim, interest reiplicae ut sit finis litium. It means that in the interest of the state there should be end of litigation. The section expressly provides…
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27Sep 2018 by admin

Constitution of the Juvenile Justice Board (Section 4)

Juvenile Justice
Legal provisions regarding Constitution of the Juvenile Justice Board under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2000.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State Government may, within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (i.e., w.e.f. 22-08-2006), by notification in the Official Gazette, constitute for a district or a group of districts specified in the notification, one or more Juvenile Justice Boards for exercising the powers and discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict with law under this Act. Image Source: adeca.alabama.gov ADVERTISEMENTS: (2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate…
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27Sep 2018 by admin

Section 26 of the Indian Evidence Act, 1872

Government
Confession by accused while in custody of police not to be proved against him:No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. Image Source: subrenovationis.files.wordpress.com ADVERTISEMENTS: Explanation:In this section “Magistrate” does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 (10 of 1882).Comments: Principle: Section 26 is the extension of the principle laid down in Section 25. While Section 25 applies to all confessions made to some police officers, this section includes confession made to “any…
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27Sep 2018 by admin

Section 32 of the Indian Evidence Act, 1872

Construction
Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant:Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases: Image Source: shopwindowcleaningresource.com ADVERTISEMENTS: (1) When it relates to cause of death: When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death…
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27Sep 2018 by admin

Section 30 of the Indian Evidence Act, 1872

Common Law
Consideration of proved confession affecting person making it and others jointly under trial for same offence:When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who’ makes such confession. Image Source: i.kinja-img.com ADVERTISEMENTS: Explanation:“Offence,” as used in this section, includes the abetment of, or attempt to commit the offence.Illustrations: (a) A and  are jointly tried for the murder of C. It is proved that A said—“B and I murdered C.” The Court may consider the effect of this confession as against B. ADVERTISEMENTS: (b) A is on his…
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27Sep 2018 by admin

Courts of Metropolitan Magistrates (Section 16 of CrPc)

Government
Legal provisions regarding courts of Metropolitan Magistrates under section 16 of the Code of Criminal Procedure, 1973.Section 16 of the Code of Criminal Procedure, 1973 provides that in every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. The presiding officers of such Courts shall be appointed by the High Court. The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area. Image Source: c1.staticflickr.com ADVERTISEMENTS: As per Section 17 of the Code, the High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.The High Court may appoint any…
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