Robbery and Dacoity in IPC

In all robbery, there is either theft committed or extortion. It is an advanced stage of any act of theft or extortion. When some elements combine with the essentials of theft or extortion, it becomes robbery.

When there are five or more persons who jointly commit the act of robbery or attempt to commit robbery, they are liable for the act of dacoity.Read More →

Primary and Secondary Evidence

Section 62 says that primary evidence means the original document itself. The evidence which is not secondary is primary.

Section 61 of Evidence Act says that the content of a document can be proved by two modes – primary evidence or secondary evidence.

It means there is no other prescribed method by law for proving the content of a document.
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Right to Life and Personal Liberty

Article 21: Protection of life and personal liberty! The legislature cannot deprive a person of the right to life and personal liberty even by making a law.

Hon’ble Supreme Court held that the protection of Article 21 is available not only against executive action but also against legislative.Read More →

Gift Under Transfer of Property Act

A gift is a gratuitous transfer of a property of any nature to the other person. It is a voluntary transfer from one person to the other. Generally, a transfer without consideration is void.

But a gift is an exception to the rule that without consideration an agreement of transfer is void. A gift is given under natural love and affection. This is the reason that even law has put it in a different table.Read More →

Ownership and Possession - Law Note

Austin- Ownership is a right indefinite in point of user unrestricted in point of disposition and unlimited in point of duration.

From above definition we find three elements:
1. Indefinite user.
2. Unrestricted disposition (dispose off)
3. Unlimited duration.Read More →

Extortion in the Indian Penal Code

Extortion is defined in section 383, chapter XVII of the Indian Penal Code. It is an offence against property. To understand what amounts to extortion, certain essential elements are required to be fulfilled.

Any person who commits an offence of extortion shall be punished for imprisonment up to three years or fine or both. It is a cognizable and non-bailable offence.Read More →

Whether Intoxicated Person Gets Defence

Section 85 and section 86 of the Indian Penal Code deal with the general defence to a person who commits an offence under intoxication.

Section 85 of IPC exempts a person from punishment provided that he committed the crime under the influence of intoxication where he had been intoxicated without his knowledge and against his will – that is involuntary intoxication.Read More →

Fifth Schedule of Constitution of India

Fifth Schedule: Article 244(1)

Provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes

PART A – GENERAL

1. Interpretation: In this Schedule, unless the context otherwise requires, the expression “State” does not include the States of Assam, Meghalaya, Tripura and Mizoram.Read More →

Seventh Schedule of Constitution of India

Seventh Schedule
(Article 246)
List I – Union List

1. Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation.

2. Naval, military and air forces; any other armed forces of the Union.Read More →

Ninth Schedule of Constitution of India

Ninth Schedule
(Article 31B)

1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).
2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948).
3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949).
4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949).Read More →