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…
Muslim Law recognises three kinds of guardianship:-
1. Guardianship in marriage (Jabar)
2. Guardianship of body of the minor (Hizanat)
3. Guardianship of property (Walayat-i-mal).Read…
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…
The citizenship of India can be acquired in 5 ways. They are: 1. By Birth. 2. By Acquisition or Incorporation of Territory. 3. By Descent. 4. By Registration. 5. By Naturalization.Read…
Article 324(2) of the Constitution states that there shall be one Chief Election Commissioner and as many numbers of Election Commissioners.Read…
Section 34 and 149 of Indian Penal Code are substantive in nature as they do not provide any punishment. Which one is graver? Section 302/34 or 302/149?Read…
The judicial act is an act that is derived from the ordinary exercise of judicial powers within the reasonable and appropriate jurisdiction.
Anything done while acting judicially is not an offence under the Indian Penal Code. Judicial acts as a general exception can be better understood from section 77 and section 78 of IPC.Read…
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…
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…
Natural justice is also known as universal justice, substantial justice, or fair play in action. It is an essential concept of divine law, which is based on the law of equity.
Its importance can be assumed to be reflected in every statute or enactment by promoting equity among parties, which means equal treatment and opportunity.Read…
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…
(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…
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…
When court will take help of expert opinion? (section 45)
When the court has to form an opinion on the point of-
1. Foreign Law
2. Science
3. Art
4. Identity of Handwriting
5. Finger ImpressionsRead…
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…
Section 127 of the Transfer of Property Act, 1882, defines onerous gifts.
This section regarding onerous gifts is based on the maxim-
‘Qui sentit commodum, sentire debet et onus’ which means ‘he who receives advantage must bear the burden also.’Read…
