GENERAL EXPLANATION – WRONGFUL LOSS AND WRONGFUL GAIN

DEFINITION UNDER INDIAN PENAL CODE Section 23 of Indian Penal Code defines the term wrongful gain, wrongful loss; gaining wrongfully and losing wrongfully general explanation of all four are given below Wrongful gain: when a person who is not a owner of the property acquires the property by using illegal means then it will be... Continue Reading →

GENERAL EXPLANATION – WRONGFUL LOSS AND WRONGFUL GAIN

DEFINITION UNDER INDIAN PENAL CODE Section 23 of Indian Penal Code defines the term wrongful gain, wrongful loss; gaining wrongfully and losing wrongfully general explanation of all four are given below Wrongful gain: when a person who is not a owner of the property acquires the property by using illegal means then it will be... Continue Reading →

GENERAL DEFENSE- MENTAL INCAPACITY

INTRODUCTION Mental incapacity is a defense which is used in criminal proceedings; it is the situation when a person is of appreciating the nature of the crime and differentiating right from wrong behavior and in this scenario the person is not into his full conscious which make them not legally accountable for the commission of... Continue Reading →

TEST FOR DETERMINING WHAT AMOUNTS TO ATTEMPT- COMMISSION OF OFFENCE

STAGES OF CRIME There are four stages of crime as defined in the penal code of India these stages are as follows:   Intention Preparation Attempt Accomplishment of crime. The first two stages are not considered as punishable under the Indian penal code, intention is constituted when there is presence of both Mens rea and... Continue Reading →

JURISDICTION UNDER INDIAN PENAL CODE

INTRODUCTION The term jurisdiction refers to the limits within which a court of law can exercise its powers concerning cases, appeals, proceedings or decrees of the courts etc. The purpose for presenting the idea of jurisdiction was to guarantee that the court of law can settle and attempt only those matters which fall within the... Continue Reading →

TEST FOR DETERMINING WHAT AMOUNTS TO ATTEMPT- PROXIMITY

Stages of crime as defined in the Indian penal code There are four stages of crime they are as follows:   Intention Preparation Attempt The last stage is accomplishment of crime. The first two stages of committing a crime are not punishable under Indian Penal code, Both Mens Rea and Actus reus together form intention and the... Continue Reading →

TEST FOR DETERMINING WHAT AMOUNTS TO ATTEMPT- IMPOSSIBLE ATTEMPT

Stages of crime as defined in the Indian penal code There are four stages of crime they are as follows:   Intention Preparation Attempt The last stage is accomplishment of crime. The first two stages of committing a crime are not punishable under Indian Penal code, Both Mens Rea and Actus reus together form intention and the... Continue Reading →

TEST FOR DETERMINING WHAT AMOUNTS TO ATTEMPT- Social danger test

Punishment for attempt to commit offences punishable with imprisonment for life or any other imprisonment A person who attempts to commit an offence is punishable by Indian Penal Code with imprisonment for life or imprisonment this is laid down in the section 511 of IPC. An illustration for the same is that a person makes... Continue Reading →

TEST FOR DETERMINING WHAT AMOUNTS TO ATTEMPT- EQUIVOCALITY

Punishment for attempt to commit offences punishable with imprisonment for life or any other imprisonment A person who attempts to commit an offence is punishable by Indian Penal Code with imprisonment for life or imprisonment this is laid down in the section 511 of IPC. An illustration for the same is that a person makes... Continue Reading →

MERE INTENTION NOT PUNISHABLE

MEANING OF CRIME Crime refers to an act or omission that comprises an offence and is punishable under law. Activities which are not legal are covered under the ambit of crime. Indian Penal Code:  The official Criminal Code of India is Indian penal code this code covers all the aspects of criminal law, this code... Continue Reading →

STAGES IN COMMISSION OF CRIME

MEANING OF CRIME Crime refers to an act or omission that comprises an offence and is punishable under law. Activities which are not legal are covered under the ambit of crime. Indian Penal Code:  The official Criminal Code of India is Indian penal code this code covers all the aspects of criminal law, this code... Continue Reading →

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