Category: Law

Essentials of a valid adoption:The most important and essential ceremonies in adoption among the three regenerate classes, that is, the Brahmans, the Kshatriyas and the Vaishyas, are the following: ADVERTISEMENTS: (1) The actual physical giving and receiving of the boy,(2) DuttaHomam. Image Source : i.huffpost.comPhysical act of giving and receiving:The physical act of giving and receiving of the boy is essential to the validity of an adoption. The ceremony is essential even in case of Sudras. It is of the essence of adoption and the law does not accept any substitute for it. Mere expression of consent or the execution of a deed of adoption though registered but not accompanied by an actual delivery of the boy, does not operate as a valid adoption. ADVERTISEMENTS: (Sasinath v. Krishnasunderi, (1881) 7…

Legal Provisions of Section 441 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Bond of accused and sureties:This section contemplates the taking of a personal bond from the accused person and a bond by one or more sureties. The bond must be duly executed under this Code. The time, date and place for appearance of the accused must be specified in the bond and an omission to mention these details would render the bond vague and therefore void. ADVERTISEMENTS: In cases where more than one accused are released on bail. Court should insist on separate bonds being executed by each of them with sureties. The section does not contemplate a composite bond being executed by the persons released on bail or by their sureties.The sufficiency of sureties at the time of…

Legal Provisions of Section 403 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.The section provides that in ‘revision’ no party can claim to be heard as of right and it is left to the discretion of the revisional Court to hear the party whether he is accused or the complainant. But where the order of the revisional Court is likely to cause prejudice to an accused, he should be given an opportunity to be heard in person or by his pleader. ADVERTISEMENTS: Therefore, whether a personal hearing should be given to a party or not necessarily depends on the fact and circumstances of the case. In a case where in exercise of its revisional powers, the High Court radically altered the character of the punishment awarded by the lower Court…

Legal Provisions of Section 319 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Power to proceed against other persons appearing to be guilty of offence:Highlighting the primary object underlying Section 319 of the Code, the Supreme Court in Manjit Pal Singh v. State of Punjab & others, observed that it is intended that the whole case against all the accused should be tried and disposed of not only expeditiously but also simultaneously. ADVERTISEMENTS: The Court emphasised that justice and convenience both require that cognizance against the newly added accused should be taken in the same case and in the same manners as against the original accused. The power must be conceded as incidental and ancillary to the main power to take cognizance as part of normal process in the administration of…

Legal Provisions of Section 324 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Trial of persons previously convicted of offences against coinage, stamp-law or property:This section has been enacted to aid the requirement of Section 75 of the Indian Penal Code which provides enhanced punishment in certain cases where the accused has been previously convicted of similar offence. ADVERTISEMENTS: The section applies in case of trial of persons who have been previously convicted of offence against coinage and stamp law (Chapter-XII, IPC) or offences against property (Chapter XVII, IPC). If there has been previous conviction of the accused for an offence under these chapters, the Magistrate must commit the case to the Chief Judicial Magistrate or to the Court of Session, unless he himself has the power to punish the accused…

Legal Provisions of Section 313 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Power to examine the accused:The section is intended to establish a direct dialogue between the Court and the accused so as to give him an opportunity to give his explanation. The purpose of examination of the accused by the Court under this section is certainly not to cross- examine him or trapping him to make an admission of facts which the prosecution has failed to establish against him, but to afford him an opportunity of explaining the circumstances that appear to be against him in the evidence. For instance, if some articles are found and recovered from accused’s house, which points at his involvement in the crime, the Court should examine and give him an opportunity to explain…

Legal Provisions of Section 249 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Absence of complainant:This section applies to cases where the proceedings have been instituted upon complaint. Therefore, when proceedings are not instituted upon a complaint, the Magistrate cannot invoke the provisions of this section for discharging the accused on ground of absence of prosecution witness or the prosecutor on the date of hearing. ADVERTISEMENTS: The Magistrate is not bound to discharge the accused in the absence of the complainant on the date of hearing. The section only confers discretion on the Magistrate to discharge the accused if offence may be lawfully compounded or is not a cognizable offence. The discretion vested in the Magistrate should be exercised judicially and not arbitrarily.Where the Magistrate has once dismissed the complaint in…

Legal Provisions of Section 174 of Indian Penal Code, 1860.Non-attendance in obedience to an order from public servant:This section provides for punishment for non-attendance when one is obliged to attend a proceeding in obedience to an order from a public servant. It states that whoever is legally bound to attend, either himself or by an agent, at a certain place and time in obedience to a summons, notice, order or proclamation which has proceeded from a public servant who is legally competent to issue such a thing as such public servant, but intentionally either omits to attend at that place or time or goes away from that place where he is bound to attend before the time at which it is lawful to go away from there, shall be punished…

Legal Provisions of Section 154 of Indian Penal Code, 1860.Owner or occupier of land on which an unlawful assembly is held: ADVERTISEMENTS: This section deals with the liability of an owner or occupier of land on which an unlawful assembly is held or on which a riot takes place. It says that the owner or occupier of a land upon which a riot is committed, and any person who has or who claims to have an interest in such land, shall be punishable with fine up to one thousand rupees, if he or his agent or manager, has knowledge that either such offence is being committed or has been committed, or has reason to believe that it is likely to be committed, and does not notify at the earliest opportunity…

Legal Provisions of Section 105 of Indian Penal Code, 1860.Commencement and continuance of the right of private defence of property: ADVERTISEMENTS: While section 102 of the Code deals exclusively with commencement and continuance of the right of private defence of the body, this section relates to the same questions with respect of the right of private defence of property. According to the first para of this section the right of private defence of property commences with the commencement of reasonable apprehension of danger to the property. It is not necessary for this defence to arise that offence against property must first be committed or attempted.The right gets vested the moment reasonable apprehension of danger commences with respect to the property. This para is limited only to the question of commencement…