Category: 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…

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…

An abettor may engage with one or more person or persons in any conspiracy for the doing of something in which case he not only instigates but conspires to commit a crime, an act punishable under Section 120-B. Conspiracy consists in combination and agreement by persons to do some illegal act or to effect a legal purpose by illegal means. Image Source: 3.bp.blogspot.comIn order to constitute the offence of abetment by conspiracy there must be a combining together of two or more persons in the conspiracy and an act or illegal omission must take place in pursuance of that conspiracy and in order to the doing of that thing. ADVERTISEMENTS: It is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence…

Section 13 of the Limitation Act, 1963 provides that: According to Section 13 of the Limitation Act, 1963, in computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the Court may, on payment of the Court fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the Court fees had been paid in the first instance. Image Source: wondrus.la/wp-content ADVERTISEMENTS: Section 13 of the Limitation Act specifically excludes the time during which application in forma pauperis…

Section 26 of the Limitation Act, 1963 provides that: Image Source:i.ytimg.comAs per Section 26 of the Limitation Act, 1963, where any land or water upon, over or from, which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or in terms of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period of twenty years in case the claim is, within three years next after the determination of such interests or term, resisted by the person entitled on such determination to the said land or water. ADVERTISEMENTS: According to Section 26 of the Limitation Act, the time…

Legal provisions regarding Dishonestly receiving property stolen in the commission of a dacoity under section 412 of Indian Penal Code, 1860.Dishonestly receiving property stolen in the commission of a dacoity: Section 412 punishes a receiver of property which is subject- matter of a dacoity with a purpose to curb the menace of dacoity. Dacoity as defined in Section 391, being an aggravated form of robbery, is dealt with more strictly than robbery itself, as is evident from a comparison between Sections 392 and 395. It therefore calls for an equal strictness in dealing with receipt of property obtained through the commission of dacoity. Image Source: nnimgt-a.akamaihd.net ADVERTISEMENTS: No man can be convicted under Section 412 for ‘receiving or retaining’ stolen goods unless he is shown at the material time to…

Distinction between wrongful restraint and wrongful confinement are as follows:Wrongful Restraint:1. In wrongful restraint, a person is restrained from proceeding in some particular direction, though free to proceed elsewhere. Image Source: medshop.com ADVERTISEMENTS: 2. Wrongful restraint is genus3. Wrongful restraint is an offence, which prevents a person from proceeding in a direction in which that person has a right to proceed.4. In wrongful restraint, there is only a partial suspension of one’s liberty. ADVERTISEMENTS: 5. Wrongful restraint is not a very serious offence and is punishable with lesser punishment6. Punishment for wrongful restraint is imprisonment to one month or fine of Rs. 500/- or with both.Wrongful Confinement:1. In wrongful confinement, a person is restrained from proceeding in an direction beyond a certain area. ADVERTISEMENTS: 2. Wrongful confinement is a species…

Earning money has always been a subject of talk and the various methods on how one could make money has been discussed many a times through various platforms and media’s. Yet the opportunity of making money is so vast, that most of the people do not really understand their potential or the potential of chances in making money. image source: waystomake-moneyonline.netDefinitely, earning money is important. You need money to sustain yourself, yet you should never have the urge to have more than what is required. Be content in what you have and with a little bit of careful analysis and careful spending, one could surely earn enough and more money. ADVERTISEMENTS: One could earn money in many ways. There are plenty of opportunities for someone who really wants to make…

Legal provisions regarding Meaning of Extortion (Extorsio) under section 383 of Indian Penal Code, 1860.The following are the essential ingredients of the offence of extortion: Image Source: f1.bcbits.com ADVERTISEMENTS: 1. Intentionally putting a person in fear of injury,2. The purpose of which is to dishonestly induce the person put in fear,3. To deliver property or valuable security.The offence of extortion is intermediary between the offence of theft and robbery. Extortion becomes robbery, if the offender at the time of committing the offence puts the person in fear and commits the extortion by causing fear of instant death, hurt or wrongful restraint. However, in robbery, the property can be removed by force without the person delivering the property. ADVERTISEMENTS: Before a person can be said to put any person in fear…

“Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.”Rash driving:There are about 14 sections of the IPC that deal with the offences resulting from criminal rashness or negligence. Section 279 deals with rashness and negligent driving of a vehicle or riding on a public way in a rash and negligent manner, as to endanger human life or likely to cause hurt or injury to any person. Section 279 requires: Image Source: farm5.staticflickr.com ADVERTISEMENTS: 1)…