11Oct 2018 by admin

Section 423 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 423 of Indian Penal Code, 1860.Dishonest or fraudulent execution of deed of transfer containing false statement of consideration:This section punishes dishonest or fraudulent execution of deed of transfer containing false statement of consideration. It states that whoever either dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which either purports to transfer any property or subject to any charge any property or any interest in the property, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with…
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11Oct 2018 by admin

Kinds of Gifts under Muslim Law – Essay

Government
Kinds of Gifts under Muslim Law – EssayThe subject-matter of a gift is the property which is transferred by a donor to the donee. Any kind of property which the donor owns at the time of making the gift may be the subject-matter of gift. However, the property must be transferable under Section 6 of the Transfer of Property Act, 1882. Image Source: cc-ea.org ADVERTISEMENTS: As a matter of fact, any property (mal) over which ownership may be exercised, may be transferred through a gift. Gift is a transfer of ownership (absolute interest) of the property, therefore, the donor must own it at the time of the declaration.Once it is established that a person owns a property and he has right to transfer it, he can make a gift of…
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11Oct 2018 by admin

‘Valuable Security’ Section 30 of IPC – Explained!

International Law
The words “valuable security” denote a document, which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not certain legal right. Image Source: bwh-koffer.deIllustration: ADVERTISEMENTS: A writes his name on the back of a bill-of-exchange. As the effect of this endorsement is to transfer of the right to the bill to any person who may become the lawful holder of it, the endorsement is a ‘valuable security’ (Section 30).Elements of valuable security:Valuable security requires certain things which are as follows:(i) Valuable security is a document. ADVERTISEMENTS: (ii) It is such a document whereby any legal right is created, extended, transferred, restricted or extinguished.(iii) It is a document…
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11Oct 2018 by admin

Legal Provisions Regarding Enhanced Punishment under Section 75 of the Indian Penal Code

Government
Enhanced punishment is meant for confirmed criminals for whom there is no prospect of reformation and on whom punishment does not have a deterrent effect. The law therefore otherwise awardable to them. Image Source: i.ytimg.comIf any person having been convicted of offences relating to Government stamps and coins (Chapter XII) or against property (Chapter XVII) punishable with simple or rigorous imprisonment of three years or more is again guilty of an offence under the aforesaid chapters punishable as aforesaid he shall be guilty for every such subsequent offence to imprisonment for life, or to imprisonment of either description which may extend to ten years (Section 75). ADVERTISEMENTS: For the applicability of Section 75, it is not necessary that the actual sentences awarded for the purposes of previous conviction should be…
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11Oct 2018 by admin

3 Essential Conditions for a Valid Gift (Hiba) under Muslim Law

Government
The essential conditions for a valid gift (Hiba) under Muslim Law are:(I) Declaration,(II) Acceptance, and ADVERTISEMENTS: (III) The delivery of possession. Image Source: 2.bp.blogspot.comA Hiba is not valid unless these three essential conditions are fulfilled. I. Declaration of Gift: Declaration is a statement which signifies the intention of the transferor that he intends to make a gift. The person who declares that he is transferring his property through a gift is called donor. The person in whose favour the gift is made is called donee. Declaration is, therefore, the manifestation of the intention of the donor to divest his ownership in the property and to vest it in the donee. ADVERTISEMENTS: Oral or Written:A Hiba may be made orally. Writing is not necessary. The donor may declare the gift of…
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11Oct 2018 by admin

Section 397 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 397 of Indian Penal Code, 1860.Robbery or dacoity, with attempt to cause death or grievous hurt:This section punishes robbery or dacoity with attempt to cause death or grievous hurt. It says that if, at the time of committing either robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause either death or grievous hurt to any person, the minimum punishment with which the offender shall be punished shall not be less than imprisonment for seven years. Image Source: theparadigmng.com ADVERTISEMENTS: As can be seen, the section prescribes a minimum mandatory sentence of imprisonment for seven years. No upper limit of sentence has been provided in the section which is quite exceptional. The section is attracted both…
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11Oct 2018 by admin

Section 379 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 379 of Indian Penal Code, 1860.Punishment of theft:This section prescribes punishment for the offence of theft. It states that whoever commits theft shall be punished with simple or rigorous imprisonment for a term extending up to three years, or with fine, or with both. The amount of fine, if imposed, should be commensurate with the value of the article stolen. A fine of five hundred rupees to an accused who had abetted theft of coal worth eight rupees was held to be too irrational and the case was sent back to the lower court to be disposed of under the probation law. Image Source: file3.answcdn.com ADVERTISEMENTS: Similarly, release on probation of good conduct could be ordered where the accused is in his teens and a considerable…
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11Oct 2018 by admin

Difference between ‘Abetment and ‘Conspiracy’ – Explained!

Government
Abetment is of three kinds: (i) abetment by instigation, (ii) abetment by aid, (iii) abetment by conspiracy. Abetment may be committed in various ways. Conspiracy is one of many such ways. Conspiracy is punishable in some cases as mere agreement with no overt act in pursuance therefore, but even abetment by conspiracy requires an overt act the spoken word or the manifest gesture to constitute it. Image Source: 3.bp.blogspot.comAbetment is not punishable per se but conspiracy is. ADVERTISEMENTS: The Supreme Court has held that the distinction between the offence of abetment under the second clause of section 107 and that of criminal conspiracy under Section 120-A is that, in the former offence a mere combination of persons or agreement between them is not enough.An act or illegal omission must take…
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10Oct 2018 by admin

Punishment for Disclosure of identity of the victim of certain offences in India

Government
(1) Whoever, prints or publishes the name or any matter which may make known the identity of any person against whom an offence under Section 376, Section 376-A, Section 376-B, Section 376-C or Section 376-D is alleged or found to have been committed (hereinafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Image Source: keepmyid.org(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which makes known the identity of the victim if such printing or publication is — ADVERTISEMENTS: (a) By or under the order in writing of the officer-in-charge of the police station or the police officer…
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10Oct 2018 by admin

Section 353 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 353 of Indian Penal Code, 1860.Assault or criminal force to deter public servant from discharge of his duty:Assaulting or using criminal force to deter a public servant from discharging his duties has been made punishable under this section. The section states that whoever either assaults or uses criminal force to any public servant, in the execution of his duty as such public servant, or with the intention of preventing or deterring him from discharging his duty as such public servant or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such public servant, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both.…
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