Right of Muslim women to take divorce under Faskh

Faskh means cancellation, abolishment, recision, revocation and abrogation annulment. Under Muslim law, a lady can move towards Qazi for dissolving her marriage. This can be done when husband and wife both conclude that they cannot live together as husband and wife. The Qazi, after a thorough analysis, terminate the marriage.

Before the Dissolution of Muslim Marriage Act, 1939 came into force; there was no law or legislation under which a Muslim woman could plead for the dissolution of her marriage.KEEP READING

Britain House of Lords vs Senate of USA

Both the House of Lords of Britain and the Senate of the USA are the upper House of their respective Parliaments. Though there are similarities between both of them, distinctions can’t be left unnoticed. Here is an article that discusses the comparison between the upper houses of the Parliaments of Britain and the USA i.e. House of Lords and Senate.

Members of the Senate (senators) are chosen directly by the people. In comparison, there are a few distinct ways to be a member of the House of Lords.KEEP READING

Consent as a General Exception

Consent means “to agree upon the same thing in the same sense.” It is said to be given when a person agrees upon a thing being done with his own will and not because of any fear, force or misconception. The element of consent excuses offences against the human body and property.

Sections 87 to section 89 of the Indian Penal Code lays down that if certain acts are committed with the victim’s consent, they will not be considered an offence, and the offender will not be held liable for the same.KEEP READING

Intoxication as a General Exception under IPC - Section 85 and 86

A state of a person by which both his physical and mental condition is weakened due to intake of alcohol or any other intoxicating substance is known as intoxication. In cases where a person is incapable of knowing the nature of the act or what he is doing is wrong or opposed to the law due to intoxication, it will not be considered as an offence.

Intoxication as a general defence/exception can be better understood from section 85 and 86 of the Indian Penal Code, 1860.KEEP READING

Insanity as a General Exception - Section 84 Indian Penal Code

The Indian Penal Code considers insanity as a general exception under section 84. Criminal intent is necessary to make a person legally liable for a crime. And therefore, a person’s mental capacity to form a criminal intent is significant in determining the criminal liability of that person.

A person may lack enough mental ability to form a criminal intent due to some defect of the mental faculty.KEEP READING

Accident as a General Exception - Section 80 IPC

An accident is a sudden unintended act or an act by chance without any apparent cause. It is considered a defence under criminal law. The principle revolves around the theory that when a person does not have mens rea, which is an essential element of a crime, he can’t be held liable for such an act.

Section 105 of the Indian Evidence Act, 1872 says that if a person alleges that his act was an accident and not a crime with the intention, then the burden of proof lies upon him to establish that his case falls under a general exception, namely accident as per section 80 of the Indian Penal Code.KEEP READING

Necessity as an Exception - Section 81 IPC

A necessity in a general sense can be said to be the state or fact of being required. When a person commits a crime or any harm to any person or property to prevent or avoid more significant harm than what has been caused by him, the defence of necessity is applied.

This section incorporates a principle whereby a person is excused from doing lesser harm to prevent or avoid greater harm. You can understand necessity as an exception to IPC from section 81 (Chapter IV, General Exceptions).KEEP READING

Infancy as an Exception to IPC - Section 82 and 83

A child is considered innocent, and any wrongful act done by a child cannot be said to be a crime or an offence as it lacks mens rea (guilty mind).

This section follows the principle of doli incapax, which provides that a child is considered incapable of forming the intent to commit a crime or tort. This can be understood briefly from section 82 and section 83 of IPC. Let me explain what this is and make it easy for you.KEEP READING

Mistake as a General Exception under IPC

Section 76 deals with cases where the person under a mistake considers himself to be compelled or bound by law to act in a particular way. Although his act is a crime on the actual condition of the facts.

On the contrary, section 79 deals with cases where a person under the mistake considers himself to be simply justified or excused by the law to act in a particular way.KEEP READING

Essentials of Common Object Indian Penal Code

The Indian Penal Code contains certain provisions in which the liability of a person who commits a crime with some other persons is determined.

When a person commits a crime with some other person(s), joint liability is generated because either the intention or the object is common to all the persons who have committed a crime together.KEEP READING

Applicability and Jurisdiction of the Indian Penal Code

Generally speaking, jurisdiction is the official power to make legal decisions and judgements. The extent to which the Court of law can exercise its powers relating to suits, appeals, proceedings, etc., can be said to be the jurisdiction of the Indian Penal Code. It is the limit within which the courts can exercise their powers over the cases.

Jurisdiction of IPC can be understood from sections 1, 2, 3, 4 and 5.KEEP READING

Tort Law Note - Definition Characteristics Differences

A tort is not a crime. It is a civil wrong.

The word ‘tort’ is derived from the Latin word ‘tortum’ which means ‘to twist’. It, therefore, includes those acts which are not straight or lawful but are crooked or twisted. In English, it means ‘wrong’.

Law of tort has its origin in the common law of England. This branch of law consists of various ‘torts’ or wrongful acts whereby the wrongdoer violates some legal right vested in another person.KEEP READING

Powers of the President of India

The President is the first citizen and the head of the State. He has an important role in the country’s governance as the executive powers of the Union are vested in him.

President of India is a part of the Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-General of India.KEEP READING

What is Crime and its Essential Elements - Indian Penal Code (IPC)

An action committed or omitted, which constitutes an offence and is punishable by law is a crime. Crime is an unlawful act that is forbidden and punished by the State or the law. In other words, anything which is injurious to public welfare is a crime.

Generally speaking, crime is human conduct which the society generally disapproves. But in the modern sense, crime is any act that is prohibited by the penal law in force, and the result of this is punishment.KEEP READING