Category: Criminal Law

A tort is a private wrong, whereas a crime is a public wrong. A tort is an infringement or privation of the civil rights which belong to individuals, considered merely as individuals, while crime is a public wrong. Crime is a breach and violation of the public rights and duties due to the whole community, in its social aggregate capacity. image source: s3-eu-west-1.amazonaws.comAn offence, which is punishable as a crime, may also be treated as a tort if it is shown that it has caused special injury to an individual, and gives rise to a civil action, if the aggrieved individual proves that the injury suffered by him is distinct from that suffered by the general public. ADVERTISEMENTS: The real distinction between a tort and a crime lies in the…

Dead men are not legal persons. They are immune from duties as no sanction can be enforced against them. They are not the subjects of rights either. Dead Man in IndiaWith their death they lay down their legal personality and as such are destitute of legal rights and duties. The law, however, interferes with respect to a dead person in the following ways: ADVERTISEMENTS: 1. A corpse is not a property and cannot be disposed of by will. But every person dying has a right to a decent burial and the criminal law secures it.Desecration of graves is an offence in India. But the interest recognised by law of decent burial or the non-desecration of graves is towards society, which cannot allow a corpse lying unburied or a grave being…

“All wrongs are not torts.” Tort is a civil wrong However; every civil wrong is not a tort. There is a lot of differences between a tort and a crime; between a tort and a breach of contract; between a tort and breach of trust; and between a tort and a quasi-contract. First let us see the differences between a tort and a crime, which are given hereunder: image source: murphycampbell.com Torts 1. A tort is a species of a civil wrong; it gives rise to civil proceedings. ADVERTISEMENTS: 2. In a tort, the plaintiff is the injured party.3. A tort is violation of the private rights of an individual.4. The wrong-doer is liable to pay compensation to the injured party.5. The purpose of awarding compensation to the injured party…

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…

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…

Essay on Indian Criminal Courts for school and college students !The Indian Judicial system has a long and glorious history of functional accomplishments and admirable social purpose. It has acquired a solid respectable structural frame with established laws and recognised court practices of trial and justice through the institutions of bar and the bench. image source: upload.wikimedia.org ADVERTISEMENTS: It is well known that an independent judiciary, free from interference of the executive or legislative organs of the Government is an essential prerequisite of a democracy which is wedded to rule of law and public welfare. Independence, however, does not allow the Judges to act in an arbitrary manner, but they are to interpret laws in accordance with the settled principles of law and the dictates of their own conscience.A variety…

Essay on Criminal Law Courts in Ancient India !The present set up of Courts for the administration of criminal justice in India is essentially a legacy of the British rule. This however, does not mean that India had no courts of its own prior to the British rule. It is on record in the annals of Indian legal history that a well organised system of courts operated in India even before the advent of British in this country. image source: upload.wikimedia.org ADVERTISEMENTS: The Hindu period in India witnessed an era when the administration of criminal justice was personally supervised by the King. Some Hindu rulers, however, preferred to appoint special judicial officers called Mohadandadhikari or Nayayamimansak or Dandadhish for imparting justice in criminal cases. An Appeal in such cases lay…

Here is your Essay on Juvenile Justice system in U.K !While handling the problem of juvenile delinquency, the English criminal justice administrators have preferred to deal with it outside the framework of criminal law. Though the problem has attracted nationwide attention, many reformists feel that delinquency among adolescents is a transient phase and will disappear as they grow older; hence they need to be tackled differently. Moved by this consideration, the English penal reformists adopted different procedure and methods for treatment of juvenile offenders in United Kingdom. image source: i.huffpost.com ADVERTISEMENTS: In England, the “Ragged Industrial School Movement” started in the second quarter of the nineteenth century was perhaps the first constructive institutional Endeavour which enabled the public to appreciate the desirability of corrective methods of treatment for juvenile offenders.…

Essay on British Criminal Law Courts !The Anglo-Saxon concept of justice has its roots in the legacies of Roman law and Roman jurisprudence which laid great emphasis on jus naturale and jus genitum. The principles of equity got embedded in British judicial system in course of time. The King was regarded as a fountain of justice. image source: theethicsproject.org ADVERTISEMENTS: The renaissance stressed upon the secular nature of justice and the sovereign character of secular State was regarded indispensible for imparting even-handed justice. However, with the growing power of the King’s Bench in subsequent years, the power of the cannonical courts declined and a variety of new courts were set up for the administration of criminal justice. The chief among these courts which still continue to this day are:— 1.…

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…