Category: Law

Nothing is an offence which is done in exercise of the right of private defence. Thus, right of a private defence is available against all persons, except against those which are mentioned in Section 99 and Section 97 defines that this right is available, under the restrictions contained in Section 99, to defend. Image Source: img11.deviantart.netFirst: ADVERTISEMENTS: His own body and the body of any other person, against any offence affecting the human body.Secondly: The property, whether movable or immovable property of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass or which is an attempt to commit theft, robbery, mischief or criminal trespass.When an act, which would otherwise be a certain offence, is not…

Section 99 lays down that there is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done by (i) a public servant, or (ii) by the direction of a public servant acting in good faith under colour of his office though that act may not be strictly justifiable by law. This principle is based on three grounds — Image Source: i.ytimg.com(i) Usually an act done by a public servant is presumed to be lawful; (ii) even if it is not lawful law will set right the wrong done by him; (iii) is in the interest of the society that public servant should be given some protection in the discharge of their official…

Any person, on whom the law of pre-emption is applicable, can claim this right. In India, the right of pre-emption may exist or, be applicable to a person on any of the following grounds: (A) Equity and Justice: On the ground of equity and justice, the law of pre­emption is applicable to all the Muslims in India except in the State of Tamil Nadu. Pre­emption is essentially a part of Muslim personal law therefore, equity and justice requires that this right must be available to every Muslim. Image Source: horizons-international.org ADVERTISEMENTS: However, the law of pre-emption is not applicable to Muslims of Tamil Nadu on the ground of equity. Pre-emption is being claimed in this State on the basis of local customs. Such customs are prevalent among the Muslims of…

Though, the I.P.C. applies to all without any distinction of caste, colour or creed but the following are not subject to the provisions of the Code: Image Source: hakusyo1.moj(1) President and Governors: ADVERTISEMENTS: The President and Governors are exempt from the jurisdiction of courts in India under Article 361 of the Constitution. No criminal proceedings whatsoever shall be instituted or continued and no process for arrest or imprisonment shall issue against these high dignitaries of the States.(2) Foreign Sovereigns:The immunity from the jurisdiction of the Municipal Courts accorded to foreign sovereigns is extended on account of International comity. In Mighell v. Sultan of Johore, it was held by the court that a foreign sovereign is exempt from the jurisdiction of local courts. This protection will extend to foreign Heads of…

It is relevant to note that waqfs under Muslim Law are almost similar to the trusts under English law and the Indian Trusts Act, 1882. Both, in waqf as well as in trusts, the property is detained and its usufruct is utilised for religious or charitable purposes. But, a waqf under Muslim personal law may be distinguished from a trust at least on following matters: Image Source: cdn2.slidemodel.com (1) A waqf may be constituted only for those purposes which are recognised as religious, pious or charitable in Islam whereas, a trust may be constituted for any lawful object. ADVERTISEMENTS: (2) Except under Hanafi law, the founder of a waqf cannot reserve any benefit for himself, but the founder of a trust may himself be a beneficiary. (3) The powers of…

Legal Provisions of Section 421 of Indian Penal Code, 1860.Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors:This section makes dishonest or fraudulent removal or concealment etc. of property to prevent distribution among creditors a punishable offence. It states that whoever either dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, any property without adequate consideration, with the intention thereby to prevent, or with the knowledge that it is likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both.…

Legal Provisions of Section 456 of Indian Penal Code, 1860.Punishment for lurking house-trespass or house-breaking by night:This section provides punishment for lurking house-trespass or house-breaking by night whereas section 453 provides punishment for lurking house- trespass or house-breaking, not by night. It says that whoever commits either lurking house-trespass by night, or house-breaking by night, shall be punished with simple or rigorous imprisonment for a term extending up to three years, and shall also be liable to fine. The punishment here is a little severer than in section 453 because lurking house- trespass or house-breaking by night has been considered to be more serious than that during the day. Image Source: tribkcpq.files.wordpress.com ADVERTISEMENTS: Where the accused entered a house by night by scaling a wall, he was held guilty of…

Legal Provisions of Section 407 of Indian Penal Code, 1860.Criminal breach of trust by carrier, etc:Criminal breach of trust by a carrier, wharfinger or warehouse-­keeper has been punished under this section. The section states that whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust, in respect of such property, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. Criminal breach of trust by a carrier, wharfinger and warehouse-keeper is treated to be much more serious and, therefore, more severe punishment for the same has been prescribed by this section. Image Source: contactpc.com ADVERTISEMENTS: A carrier is a person who undertakes to transport the goods of another person from one…