RIGHTS OF AN INSANE PERSON

The mental condition known as "insanity" is characterised by irrational behaviour brought on by mental instability. According to the judicial system, a person who has been diagnosed as crazy is incapable of distinguishing between right and wrong. A person who is insane is said to have a mental illness that causes them to lose their... Continue Reading →

RIGHT TO DIE WITH DIGNITY – CONSTITUTIONAL VALIDITY, ANALYSIS

Right to life means the right to lead meaningful, complete and dignified life. Right to life is a natural basic right given to every human being. In India it is guaranteed under Part III (Article 21) of the Indian constitution. Article 21 of Indian constitution states that –   “No person shall be deprived of his... Continue Reading →

INVESTIGATORY POWERS OF THE POLICE UNDER THE CODE OF CRIMINAL PROCEDURE

Abstract One of the most important tasks of the police is their role in the investigation of a crime. Investigatory powers of the police are laid down in the Code of Criminal procedure, 1973. For various reasons, as I will discuss in this paper, it is the view of several learned people or otherwise that... Continue Reading →

CASE STUDY on Lalita Kumari vs. Govt. of U.P. & Ors 2014 2SCC 1

FACTS OF THE CASE- The petitioner, a minor girl was kidnapped by local goons. Her father, Bhola Kamat went to police station to lodge FIR which police refused. The father further went to the superintendent of police and under his direction a FIR was registered. But even then, investigation was not started and the police... Continue Reading →

Crimes Against Women

Last year, around this time the world saw many women putting up black and white pictures of themselves to spread awareness about the increasing femicide in Turkey. Crime against women is not an alien concept, it’s one of most common forms of crime. The rise in domestic violence cases (in India especially) and femicide cases... Continue Reading →

Common Intention and Indirect Intention

In a given criminal case in order for a person to be held liable, the act alone won’t suffice. There needs to be a mental element, mens rea. There are many types of mens rea. Two of the prominent ones are common intention and indirect intention. Common intention refers to the instance wherein a group... Continue Reading →

Contributory negligence

A Negligent person is liable for the injury. But sometimes plaintiff himself contributes Negligence or when he has by his own Negligence contributed to the damages occasioned by the Negligence of the defendant. In case of Contributory negligence both plaintiff and defendant are Negligent. Butterfield vs. Forester The defendant has put a pale across the... Continue Reading →

STRICT LIABILTY IN CRIMINAL LAW

Strict liability in criminal law is the idea that a person can be held criminally responsible for their action if in violation of the law even without mens rea, or awareness that their act was in fact a crime. In instances where this principle is applied the Court does not consider mens rea. A few... Continue Reading →

MENS REA

Mens rea is a legal term that refers to a person's mental state at the time of committing a crime in order for it to be considered intentional. It might refer to an overarching desire to break the law or a specific, prepared plot to conduct a specific crime. A criminal prosecutor must prove beyond... Continue Reading →

Offences against the state and its Misuse

While the majority of crimes are committed against particular people or pieces of property, certain types of crimes can have a broader impact, sometimes targeting the federal government or country as a whole. Unlike crimes that solely violate state laws, these types of acts violate federal law and are handled within the federal court system.... Continue Reading →

STAGES IN COMMISSION OF CRIME

It is very difficult to give a correct & precise definition of crime. According to some, everything that is illegal is considered a crime. In layman’s terms, a crime is an illegal act penalized by the state or another governing entity. When a crime is committed, there are always steps involved. There are four stages... Continue Reading →

Application of Mens Rea

A crime is a wrongful act done with a guilty mind. These are the two essential ingredients that make up criminal liability. The concept of mens rea developed in England around the 1600s, when the judges began emphasising on the role of intent in determining criminal liability. Crimes with mens rea can be categorised into... Continue Reading →

SHOULD EUTHANASIA BE LEGALIZED IN INDIA..

The word euthanasia, originated in Greece means a good death1. Euthanasia encompasses various dimensions, from active (introducing something to cause death) to passive (withholding treatment or supportive measures); voluntary (consent) to involuntary (consent from guardian) and physician assisted (where physician's prescribe the medicine and patient or the third party administers the medication to cause death)2,3.... Continue Reading →

MALICIOUS PROSECUTION IN INDIAN LAW PART-2

THE CURRENT PROBLEMS ABOUT THE LAW OF MALICIOUS PROSECUTION- The proceedings for malicious prosecution can only be initiated if the plaintiff who files the case of malicious prosecution was tried for the false charges by a tribunal or court of law. But even in proceedings at the police level, grave amount of injury to the... Continue Reading →

offences against women under ipc

OFFENCES AGAINST WOMEN UNDER IPC Women are victims of crimes such as rape, murder, robbery, cheating, etc. Which are not specially directed at them, there are designated as crimes against women, which are directed specifically against them. Crimes against women are not considered from the only physical point of view but also a sociological aspect.... Continue Reading →

ASSAULT AND BATTERY

In common law and in torts (private lawsuits for cash damages) there area unit firm definitions of assault and battery:a) Assault is conduct that puts someone in worry of close bodily hurt, and the act of constructing somebody feel vulnerable with physical hurt. this could be done by the words you say, “ I’m reaching... Continue Reading →

Forgery in short.

Introduction Forgery is the action of the copy or imitation of the real documents, signatures, banknote,etc. In simple words, copying a valuable or legal document for wrong use to deceive others is forgery and those who commit this offence are charged under “crime of fraud”. Documents that can be the subject of forgery include contracts,... Continue Reading →

Defamation

It is very important for any individual to be reputed in the society and if any one try to harm the reputation then the person may sue them with certain penaties.So, Defamation is also related to the reputation of the person it define as it is the injury to the reputation of the person, if... Continue Reading →

abetment

ABETMENT The concept of abetment widens the horizons of criminal law to incorporate these criminal intentions and penalize them even when the person who bought the knife did not kill anyone but handed it over to someone else to do it. To explain the concept of abetment, the word ‘abet’ should be given deep scrutiny.... Continue Reading →

Act done by several persons in furtherance of common intention

Common intention: Section 34 of the IPC, When a criminal act is done by several persons in furtherance of the common intention of all, each of such person is liable for that act in the same manner as if were done by him alone. Explanation: Under Section 34 of the IPC, the common intention is present which... Continue Reading →

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