Confession in Police Custody

The main issue of concern is whether a confession given to police officer is admissible or not, and what is the relevancy of confession given to police.

Section 25 of the Indian Evidence Act says that a confession made to a police officer is not admissible in the eyes of the law and cannot be proved against the person who made that confession.KEEP READING

Adultery in India

Adultery is an offence in section 497 of the Indian Penal Code. It is an offence committed against the husband because a wife can’t be punished for the offence of adultery under this section.

Any person who commits the offence of adultery shall be punished for imprisonment up to five years or fine or with both. The offence is non-cognizable and bailable. It is a compoundable offence.KEEP READING

Difference Between Motive, Intention, and Knowledge

Motive is the ulterior element for committing a crime. It is something that makes a person commit a crime.

For example, If A and B are enemies for the last 10 years. And one day A kills B. From their previous relation, it can be assumed that what could be the reason for A to kill B. For every crime, there is a reason, and that is motive.KEEP READING

Amendment of Pleadings in Civil Procedure Code

At any stage of proceedings, the court may allow the plaintiff or defendant to amend his pleadings. The amendment to pleadings shall be made necessary if it determines the real questions in controversy among parties.

The amendments made under Order VI, Rule 17, are voluntary amendments for ratifying one’s own error or default.KEEP READING

Order II Rule 2, Frame of Suit

Order II of the Civil Procedure Code deals with the framing of suit. It lays down the rules as to how a suit should be framed.

While drafting a plaint, the plaintiff must draft his plaint in such a way that includes all the important assertions and the claims that the plaintiff wishes to put before the court.KEEP READING

Rape in Indian Penal Code, Section 375

Section 375 of the Indian Penal Code requires two essentials to be satisfied for making it an offence of rape. They are:-

1. An act of sexual intercourse by a man with a woman.
2. The act of sexual intercourse must fall under any one of the seven categories given in section 375.KEEP READING

Finance Commission

Finance Commission is a constitutional body. Article 280 of the Constitution of India provides for Finance Commission. The president constitutes it after every five years.

Historically there was a provision that within two years after the commencement of the constitution, the Finance Commission must get established and after that every five years.KEEP READING

Meaning of Res Judicata in CPC

Res Judicata is the Latin term for ‘a matter judged.’ It means ‘a thing decided.’ Section 11 of the Civil Procedure Code, 1908, talks about Res Judicata.

Res Judicata applies in a case where there has been a final judgment, and it is no longer subject to appeal. Res Judicata can also be used to bar (stop, block) continued litigation of a case on the same issues between the same parties.KEEP READING