Abetment by Instigation

Instigation basically means suggesting, encouraging or inciting a person to do or abstain from doing something. Instigation may take place either directly or indirectly, by written or oral words, or even by gestures and hints. The instigation must be sufficient to actively encourage a person to commit an offence. It should not be mere advice or... Continue Reading →

DISTINCTION BETWEEN PREPARATION AND ATTEMPT

The distinction between attempting something and preparing for it has long been debated.  The term “preparation” refers to acquiring the tools necessary to try the crime, while “attempt” refers to the actual action toward performing the crime after the initiation. The act of preparing is not a crime, but making an attempt is. It was... Continue Reading →

STAGES IN COMMISSION OF CRIMES

A crime is defined as the commission of an act that is prohibited by law, or an omission of an act that is obligated by the law. In other words, crime may be defined as the disobedience of law. Another important aspect of a crime is that it affects the public interest, rather than the... Continue Reading →

Effect of intoxication on a crime

Introduction Intoxication is a condition where an individual's psychological and actual state is evil because of the utilization of liquor or an opiate substance. It is normally known as condition inebriated. In this condition of inebriation, the individual can't figure out whether what the person in question is doing is correct or wrong and he... Continue Reading →

Consent: the judicial fate of crime and punishment

Introduction Under criminal regulation, the term assent is a functioning articulation of 'goal'. The wrongdoing has two fundamentals: actus rea and mens rea. Actus implies a demonstration done by the transgressor, while mens rea implies the expectation of doing that specific demonstration. An individual will be criminally responsible for every one of the demonstrations that... Continue Reading →

Group Liability under section 34 and section 149 of the IPC

Introduction It alludes to the risk of at least two people for an offense. Where at least two people are taken part in the commission of an offense, assuming any of them or more done a demonstration which is precluded by regulation, for the advantage of every one of them, every individual connected with will... Continue Reading →

Application of Mens Reus in Strict liability cases and Socio-Economic offenses

Introduction Socio-economic offenses are those that affect the social and monetary prosperity of society. These are non-traditional wrongdoings as in they need mens rea. These wrongdoings have a cultural effect. It doesn't focus on a solitary individual, yet rather on a gathering who is probably going to buy such labor and products. Financial violations are... Continue Reading →

Power of Police to seize any property during investigation

Is it not scary that police having power to seize any property during an investigation. It will create chaos in mind that police will seize any property whether movable or immovable. So to make this clear the conception let’s look into the concept.  The term seize under section 102 means to take actual physical custody/control... 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 →

Criminal conspiracy

Conspiracy means a combination of two or more person for unlawful purpose. The rules relating to offence of criminal conspiracy under Indian Penal Code, 1860 punishes several persons who are directly or indirectly engaged in commission of any illegal act or omission. The offence of criminal conspiracy is defined under Section 120-A of Chapter V-A... Continue Reading →

Negligence

The term Negligence is derived from the Latin word ‘negligentia”, which means ‘failing to pick up. In the general sense, the term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care that the doer as a reasonable man should have exercised in... Continue Reading →

ABETMENT OF CONSPIRACY

Abetment by conspiracy consists when two or more persons engage in a conspiracy for the doing of a thing and an act or illegal omission takes place in pursuance of the conspiracy and in order to the doing of that thing.  Thus in order for abetment by conspiracy may be constituted, three things are necessary... 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 →

Operation of Double Jeopardy in India

Introduction Double Jeopardy is a right secured to every individual under Article 20(2) of the Indian Constitution. It is grounded in the common law maxim nemo debet bis vexari which means “a man shall not be brought into danger for one and the same offence more than once.” If done so, he can plead as... Continue Reading →

RECEIPT OF STOLEN PROPERTY UNDER THE INDIAN PENAL CODE

INTRODUCTION A market for stolen goods is the best encouragement for theft, robbery, dacoity and similar crimes. In order to curtail such crimes, it is important that there exists no demand for such goods. However, the stolen goods being available at rates lower than the market rate of a genuine product invariably attract many buyers,... 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 →

WHAT IS SLANDER

In legal terms, defamation is the attack on another's reputation by a false publication (communication to a third party) that serves to discredit the individual. Its variety is only constrained by human creativity. Although the concept of defamation originated in English law, it predates that by several thousand years. Defamation typically requires that the publishing... Continue Reading →

MENS REA: DIFFERENT SCENARIOS

There is an ancient rule: There is an ancient rule: actus non facit reum nisi mens sit rea – the act does not create guilt unless the mind is also guilty.” - William Landay[1] I. AN INTRODUCTION: WHAT IS MENS REA? The estimation of the exact mental element or mens rea' essential for a crime is... Continue Reading →

CRIMINAL TRESPASS UNDER THE INDIAN PENAL CODE

INTRODUCTION Every individual has a right to the full enjoyment of their property without any disturbance, this is the reason trespass was made an offence. Even though trespass is ordinarily a civil wrong for which the defendant can sue for damages, but when such trespass occurs with a criminal intention it amounts to criminal trespass.... 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 →

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