Category: Law

Article 14 of the Constitution provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territories of India. According to Article 19 of the Constitution, all citizens shall have the right to move freely throughout the territory of India. As per Section 21 of the Constitution, no person shall be deprived of his life or personal liberty except according to procedure established by law.The provisions regarding bail are essentially part of the law under which a particular trial is held. The commission of an offence does not ipso facto carry with it a right of bail. Such a right is dependent on the provisions contained in a statute and to a statute alone can the court look…

Section 22 of the Indian Evidence Act, 1872:Oral admission as to the contents of a document are not relevant, unless and until – Image Source: getaos.com ADVERTISEMENTS: (i) The party proposing to prove them shows that he is entitled to give secon­dary evidence of the con­tents of such document; or(ii) The genuineness of a document produced is in question.The English Law on the point was laid down in Slatterie v. Pooley, where it was held that the oral admission of a party as to the contents of a document is admissible, even when the document might have been produced as evidence against him, when such contents are directly in issue.Although this leading decision has held the field in England since 1840, it has received much criticism and has been applied…

Section 301 of the Indian Penal Code, 1860:If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person, whose death he intended or knew himself to be likely to cause. Image Source: s2.dmcdn.net ADVERTISEMENTS: Principle and Scope:Section 301 embodies what the English authors describe as the doctrine of transfer of malice or transmigration of motive. Under the Section if A intends to kill B but kills C whose death he neither intends nor knows himself…

Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974) no proceeding shall be instituted and no order shall be passed against the juvenile under Chapter VIII of the said Code. Image Source: adeca.alabama.govComment: These section commands that no proceedings under Chapter.8 of the Code of Criminal Procedure, 1973, can be instituted against a juvenile in conflict with law, nor can any order be passed under those provisions. It may be noted that Chapter 8 of Cr. P.C relates to security for keeping the Peace and good behaviour. ADVERTISEMENTS: In the case of Riyaz v. State of Maharashtra, the petitioner students were wrongfully detained in police lock-up for night and were taken to Tehsil on next day. They were alleged teasing of girls of…

Legal provisions regarding when manner of committing offence must be stated under section 213 of the Code of Criminal Procedure, 1973.According to Section 213 of the Code of Criminal Procedure, when the nature of the case is such that the particulars relating contents of charge (Section 211) and relating to time, place and person (Section 212) do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. Image Source: davidmathiraj.files.wordpress.com ADVERTISEMENTS: Illustrations:(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.(b)…