Category: Essays

Legal Provisions of Section 458 of Indian Penal Code, 1860.Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint:Lurking house-trespass or house-breaking by night after making preparation for causing hurt, assault or wrongful restraint has been made punishable under this section. The section says that whoever commits either lurking house-trespass by night, or house-breaking by night, having made preparation for either causing hurt to, or for assaulting, or for wrongfully restraining, any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with simple or rigorous imprisonment for a term extending up to fourteen years, and shall also be liable to fine. Image Source: cdn.abclocal.go.com ADVERTISEMENTS: The section requires commission of lurking house-trespass by night or…

Legal Provisions of Section 454 of Indian Penal Code, 1860.Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment:Lurking house-trespass or house-breaking in order to commit any offence punishable with imprisonment has been punished under this section. The section states that whoever commits either lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with simple or rigorous imprisonment for a term extending up to three years, and shall also be liable to fine; and if the intention of the offender is to commit theft, the term of imprisonment may be extended to ten years. Image Source: juicylittledetails.com ADVERTISEMENTS: This section is an aggravated form of the preceding section. While section 453 provides punishment for lurking house-trespass or house-breaking, this…

Legal Provisions of Section 427 of Indian Penal Code, 1860.Mischief causing damage to the amount of fifty rupees:Mischief causing damage to the tune of fifty rupees or more has been made punishable under this section. The section states that whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. Image Source: i.ytimg.com ADVERTISEMENTS: The prosecution must prove that the loss or damage caused as a result of the mischief committed by the accused amounted to fifty rupees or more. The penalty is sterner than that provided in section 426. To the question as to how should the loss or damage be…

Legal Provisions of Section 412 of Indian Penal Code, 1860.Dishonestly receiving property stolen in the commission of a dacoity:Dishonestly receiving or retaining property stolen in the commission of a dacoity has been made punishable under this section. The section states that whoever either dishonestly receives or dishonestly retains any stolen property about which either he knows that its possession has been transferred by committing dacoity, or he has reason to believe that its possession has been transferred by committing dacoity, or dishonestly receives from a person about whom he either has knowledge or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with…

Legal Provisions of Section 404 of Indian Penal Code, 1860.Dishonest misappropriation of property possessed by deceased person at the time of his death:Dishonest misappropriation of property possessed by a deceased person at the time of his death has been punished under this section. The section states that whoever either dishonestly misappropriates or dishonestly converts to his own use any property with the knowledge that such property was in the possession of a deceased person at the time of his death, and since then has not been in possession of any person who is legally entitled to such possession, shall be punished with simple or rigorous imprisonment for a term extending up to three years, and shall also be liable to fine; and if the offender at the time of the…

Legal Provisions of Section 394 of Indian Penal Code, 1860.Voluntarily causing hurt in committing robbery:Voluntarily causing hurt in committing robbery has been made punishable under this section. The section states that if any person, either in committing robbery or in attempting to commit the same, voluntarily causes hurt, such person and any other person who is jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine. Image Source: media.graytvinc.com ADVERTISEMENTS: This section is applicable where committing robbery or attempting to commit robbery is a voluntary act and hurt is also caused voluntarily. The provision is applicable to the main accused as well as to…

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…

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.…

The outer ear collects sounds, the middle ear amplifies it and the inner ear transduces it. We shall now discuss each of these three parts in brief. (i) External Ear: The external or outer ear consists of three parts, the pinna, the auditory canal or meatus, and the ear drum. The pinna collects the sound waves which travel through a small air-filled duct, called the auditory canal to the ear­drum. image source: upload.wikimedia.org ADVERTISEMENTS: The ear-drum is a thin membrane located at the end of the canal and it makes the inner boundary of the external ear. (ii) Middle Ear: The middle ear consists of three tiny bones called the ossicles. These bones are connected like a series of levers. Hence, the energy is mechanically transmitted and the amplification takes…

Once the topic for research is selected, research can not immediately be started unless the specific research problem is formulated. It is investigated by scientific methods. Needless to say that the formulation of enquiry must recognize some difficulty whether it is practical or theoretical. image source: irf-info.comIt is the difficulty or problem which guides our search for some order among the facts in terms of which the difficulty is to be removed. In fact, the formulation of a research problem is more important than its solution. However, every problem is not a research problem. ADVERTISEMENTS: R. L. Merton has discussed the following three principal components of a research problem:1. Originating the questions2. Rationale of questions3. Specifying questions. 1. The Originating Question: ADVERTISEMENTS: The questions represent the beginning of certain difficulties…