Author Archives: Admin

Doli Incapax

Admin/ April 17, 2019/ Doctrines and Principles/ 1 comments

‘Doli incapax’ is a Latin legal maxim which means ‘incapability of committing a crime’. The application of this legal maxim can be seen in Sections 82 and 83 of the Indian Penal Code, 1860. In India, children under the age of seven years are completely exempted from any criminal liability by the virtue of Section 82 of the Indian Penal Code

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Charge and Charge-Sheet

Admin/ March 27, 2019/ Procedural Law/ 0 comments

Charge serves the purpose of notice or intimation to the accused, drawn up according to specific language of law, giving clear and unambiguous or precise notice of the nature of the accusation that the accused is called upon to meet in the course of trial

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377 IPC | Still a long way to go

Admin/ March 23, 2019/ Other Articles, Substantive Law/ 0 comments

“Social exclusion, identity seclusion and isolation from the social mainstream are still the stark realities faced by individuals today and it is only when each and every individual is liberated from the shackles of such bondage and is able to work towards full development of his/her personality that we can call ourselves a truly free society”

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Attempt to Commit Suicide

Admin/ March 8, 2019/ Substantive Law/ 1 comments

Attempt to suicide is more a manifestation of a diseased condition of mind deserving of treatment and care rather than punishment. It would not be just and fair to inflict additional legal punishment on a person who has already suffered agony and ignominy in his failure to commit suicide

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Forgery | Indian Penal Code

Admin/ March 3, 2019/ Substantive Law/ 0 comments

Author: Kunal Khare Introduction It was Oscar Wilde who said, “Imitation is the sincerest form of flattery . . .”.  Forgery is a fraudulent act of creating a copy of a document, signature, a bank note or work of authorship that is intended to be passed off as genuine when it is not. Forgery in simple terms means fabricating and producing

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Dying Declaration

Admin/ February 20, 2019/ Procedural Law/ 0 comments

It is a declaration which is generally related to the cause of the death of the declarant. For a dying declaration to be admissible as an evidence in the court of law, it is not important that the declaration has to be made by a person only when his death is imminent.

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Attempt to Murder

Admin/ February 8, 2019/ Substantive Law/ 0 comments

To justify a conviction under Section 307, it is not essential that bodily injury capable of causing death should have been inflicted. Although the nature of injury actually caused may often give considerable assistance in coming to a finding as to the intention of the accused, such intention may also be deduced from other circumstances, and may even, in some cases, be ascertained without any reference at all to actual wounds.

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Extortion | Indian Penal Code

Admin/ January 27, 2019/ Substantive Law/ 0 comments

Author: Abhishek Wadhwan Introduction Extortion has been defined in Section 383 of the Indian Penal Code as, “Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which

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Actus Reus & Mens Rea: The Inseparable Components of Crime

Admin/ January 14, 2019/ Other Articles/ 0 comments

The principle is actus non facit reum, nisi mens sit rea (the intent and act must both concur to constitute the crime). Although prima facie there must be mind at fault before there can be a crime, it is not an inflexible rule, and a statute may relate to such a subject-matter and may be so framed as to make an act criminal whether there has been an intention to break the law or not.

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Gujarat High Court | Judgment Updates

Admin/ January 9, 2019/ Judgment Updates Series/ 0 comments

In the FIR, the identity of the persons was not recorded nor was of any distinctive feature of the accused mentioned by the complainant while lodging his complaint. There was no corroborative evidence that testified that the identified accused in the identification parade were the ones who committed the offence against the complainant

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