INTRODUCTION In India, separate personal laws govern marriages for various communities. These private laws cover a range of family characteristics. Marriage has been described as a pure sacrament, especially in our Indian culture, a connection that unites two lives until the end of their lives, in contrast to other nations where getting married is a... Continue Reading →
CRIMINAL LIABILITY -STRICT LIABILITY
Strict obligation crimes are those in which the respondent is held obligated for a criminal offense he committed, even in case mens rea is missing. In spite of the fact that the litigant did not expect any hurt by his activities and was totally unconscious that he was committing an illicit act, the convention of strict obligation holds him obligated for the criminal offenses committed. Because of the regard for due handle within the United States, the tremendous majority of strict obligation wrongdoings are less genuine offenses. Most cases of strict obligation are minor infractions and misdemeanors, not about as genuine as felonies, but still justifying overwhelming fines and up... Continue Reading →
ATTEMPT TO COMMIT OFFENCES
►Definition of attempt. An attempt is an intentional preparatory action which fails in the object, which so fails through circumstances independent of the person who seeks its accomplishment. Attempt begins when preparation ends. It is interesting to note that it is nowhere defined in IPC but provides its punishment under section 511 of IPC. ►why... Continue Reading →
Sexual harassment of women in the workplace
As more and more women began to enter the workforce in an emerging Indian economy, the malady of sexual harassment began to manifest itself in a variety of fields. From the police and the army to multinational corporations and sports, it is regrettable that no field of human endeavor has been left unaffected by this tragedy. A legislative solution that could protect the rights of these working women was urgently required. As has been the case with many laws, it was judicial activism that brought this one to the attention of the public for the first time. What Do you Understand by Sexual Harassment in the workplace? The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 was passed to combat sexual harassment of women at work. It defined sexual harassment, outlined the procedures for filing a complaint and conducting an investigation, as well as the actions that would be taken. It widened the scope of the Vishaka guidelines, which had already been established. The Supreme Court of India issued a judgment in 1997 that established the Vishaka guidelines. This was in the context... Continue Reading →
BIOGRAPHY OF CHIEF JUSTICE RAGHUNANDAN SWARUP PATHAK
Raghunandan Swarup Pathak renowned as a meticulous Judge, he inspired Loyalty in those who work for and alongside him. The breadth and depth of his legal knowledge was allied to a modest humanity that enabled him to understand the people who came before him as effectively as he grasped the application of relevant law. Raghunandan... Continue Reading →
INTOXICATION AS A DEFENCE UNDER INDIAN PENAL CODE,1860
Introduction Intoxication is a state of mind in which a person’s becomes mentally and physically disable due to the consumption of alcohol or a narcotic substance because of that a person become unable to understand the nature and circumstances of his act .The Indian Penal Code, 1860 in Section 85 and Section 86 has the provisions relating to acts... Continue Reading →
BIOGRAPHY OF CHIEF JUSTICE P.N. BHAGWATI
Judges should be of stern, stuff and tough fire , unbending before power, economic or political, and they must uphold the core principle of law which says, be you ever so high, the law is above you.”- Justice P.N. Bhagwati The complete boldness of Justice P.N. Bhagwati’s vision, philosophical, rationale and futuristic imprints of judicial... Continue Reading →
BIOGRAPHY OF CHIEF JUSTICE Y.V. CHANDRACHUD
It is not an easy job…my biggest achievement is that I am leaving an undivided court for my successor - Y.V Chandrachud “On my first day to court, my father introduced me to Justice Chandrachud who was then a public prosecutor. My father had said that this young man will be the Chief Justice Of... Continue Reading →
Who is a Person?
Definition The term 'person' stems from the Latin phrase 'Persona,' which refers to persons who are legally recognised as possessing legal rights and being bound by legal obligations. It can refer to a single individual, a group of individuals, a business, or another legal entity recognised by law as the subject of rights and obligations. ... Continue Reading →
What is Grevious Hurt
Introduction According to the Oxford lexicon, the word "Grievous Hurt" refers to any damage that puts an individual's life in peril. The code classifies hurt into basic and severe categories based on the magnitude and intensity of the physical attack perpetrated. As the term implies, grievous injury entails the inflicting of severe and more extreme... Continue Reading →
A study on conditional release from prison and psychopathic tendencies.
Should the criminal be granted a conditional release based on his psychological makeup? Introduction “Psychopathy is a socially devastating personality disorder defined by a constellation of affective, interpersonal, and behavioral characteristics, including egocentricity, manipulativeness, deceitfulness, lack of empathy, guilt or remorse, and a propensity to violate social and legal expectations and norms”(Cleckley, 1976; Hare, 1995,... Continue Reading →
HISTORY OF JURY TRIALS IN INDIA
History of jury trials After the renaissance movement in Europe major philosophies originated, be it liberalism from the protestant movement, Marxism from the industrial revolution. One such system which spread from the west to the rest of the world is the jury system or the trial by jury. The very concept of jury trial reflects... Continue Reading →
Grevious Hurt by Throwing Acid (326A of IPC)
Acid Attack is the attack of throwing acid on the body. It is a assault which is done in the intention to destroy the face or to kill. The problem of acid attack on womens is increasing day by day. The acid utilized in these assaults is Sulphuric Acid, Hydrochloric Acid and Nitric Acid. It... Continue Reading →
Plea of Insanity under section 84 IPC
Insanity under section 84 IPC Section 84 IPC states that Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.... Continue Reading →
Twelve Angry Men: A Legal Review and Recommendation
The movie begins with the end of a court trial, when the entire case is laid down for the jury members to decide. Amongst many, a remarkable aspect was that there were twelve jury members, apart from the sitting judge.
Dowry under Dowry Prevention Act, 1961
The dowry is an ancient tradition found across cultures, religions, and time periods. It is not certain where dowries originated, but the custom takes place in wedding ceremonies even today. History And meaning of Dowry A dowry is a gift of considerable monetary value given from either the bride or groom to their future spouse... Continue Reading →
DEFAMATION
INTRODUCTION The reputation of the person plays a very important role in reflecting his character. People do not prefer engaging with someone with a bad reputation. Defamation is both, a tort i.e., a civil as well as a criminal offense. Defamation is when a person’s reputation is tarnished by another person. This does not sound... Continue Reading →
Action personalis moritur cum persona
Death of one of the parties – the common law maxim is action personalis moritur cum persona which means a person’s right of action dies with the person. At common law, if an injury were done either to the person or property of another, for which damages only could be recovered in satisfaction, the action... Continue Reading →
Plea bargaining
Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence. It is common in the United States, and has been a successful method of avoiding protracted and complicated trials. As a result,... Continue Reading →
Personal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In Anglo-American jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to his or her body or... Continue Reading →