Britain House of Lords vs Senate of USA

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The House of Lords of Britain and the Senate of the USA are the upper Houses 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.Read…

Consent as a General Exception

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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.Read…

Non Legal Ways To Successfully Fix and Save a Broken Marriage

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A few alternatives to legal remedies that can save a marriage from falling apart are-

1. Mediation

Meditation is a form of Alternative Dispute Resolution (ADR) which aims to assist two or more persons involved in a dispute in reaching a mutual agreement. The content of that agreement is decided by the parties themselves rather than accepting something imposed by a third party.Read…

Summary Trial Explained CrPC

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Offences listed under section 260(1)(i) to 260(1)(ix) can be tried summarily;

(i) offences not punishable with death, life imprisonment, or sentence of more than two years
(ii) theft (value of stolen goods not more than two thousand rupees)
(iii) receiving and retaining stolen property (the value of stolen goods not more than two thousand rupees)…Read…

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

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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.Read…

Judicial Review Explained

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The doctrine of judicial review originated in the USA. It was first propounded in the case of Marbury vs Madison in 1803.

The Indian Constitution confers the power of judicial review on the Supreme Court as well as High Courts. Judicial review has been declared as one of the basic structure of the Constitution by the Supreme Court.Read…

National Human Right Commission

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Being human, there are certain rights like the right to life, right to dignity, right to livelihood, and many others. Human rights are moral rights. They are universal rights. It is observed that the rights don’t serve the purpose unless they are protected. For the protection of human rights, there have been conventions, summits, and formation of commissions.

This is the reason for the creation of the National Human Rights Commission (NHRC) and the State Human Rights Commission (SHRC).Read…

Trial of Summons Cases Explained

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The trial of summons case has been dealt with under Chapter 20 of the Criminal Procedure Code from section 251 to 259. According to section 2(w) of CrPC, summons cases are those cases that are not warrant cases. Summons cases are punishable with a fine or imprisonment of less than two years. Summons cases are triable only by Magistrate.

Under summons cases, it is not necessary to frame the charge in writing, stating the substance of the offence to the accused is enough. The particulars of the offence of which the person is accused are stated to him.Read…

Accident as a General Exception - Section 80 IPC

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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.Read…

Necessity as an Exception - Section 81 IPC

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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).Read…