Necessity as an Exception - Section 81 IPC

Tagged: ,

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 More →

Infancy as an Exception to IPC - Section 82 and 83

Tagged: ,

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.Read More →

Dower in Muslim Law

Tagged: , ,

Dower or Mahr is a sum of money that a husband pays to his wife on marriage. According to Mulla, “It is an obligation imposed upon the husband as a mark of respect to the wife.”

The concept of Dower worked as a sense of security to the wife. If in case husband abandons the wife or compels her to move out, the amount of Dower becomes the source of her livelihood.Read More →

Common Intention Explained - Section 34 IPC

Tagged: ,

Section 34 of the Indian Penal Code lays down the principle of joint criminal liability.

Common intention is a pre-arranged plan or prior meeting of minds before the commitment of the act. ‘Common’ means something which everyone has in the same proportion. Their object, motive, or target is common.Read More →

Mistake as a General Exception under IPC

Tagged: ,

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.Read More →

Difference Between Relevancy and Admissibility

Tagged: ,

The rules related to relevancy are given under section 5 to 55 of the Indian Evidence Act, 1872.

The rules related to admissibility are covered in the latter part of the Evidence Act, that is after section 56.

Relevancy admires what seems to be logical and probable.

Whereas admissibility strictly follows the rules of law. Anything can’t be admitted merely because it appears to be logical.Read More →

Difference and Similarity Between Res Sub Judice and Res Judicata

Tagged: ,

(1) In the case of Res Sub Judice, there must be two suits, one of which should be previously instituted.

In Res Judicata the motive is that ‘there must be an end to litigation.ʼ Thus, there is a bar on trial that has already been adjudicated. In simpler terms, a matter that has previously been decided is not put to trial again. This saves the precious time of our already overburdened and resource-less courts.Read More →

Essentials of Common Object Indian Penal Code

Tagged: ,

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.Read More →

Applicability and Jurisdiction of the Indian Penal Code

Tagged: ,

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.Read More →