Category Archives: Substantive Law

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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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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Sexual Assault or Harassment | Voyeurism | Stalking

Admin/ December 16, 2018/ Substantive Law/ 0 comments

Author: Asmita Chakraborty Sec. 354 of Indian Penal Code, 1860 Section 354 of the Indian Penal Code, 1860 defines the offence of assault or criminal force on women with the intent to outrage her modesty and say as under[1]: “Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will

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India’s First Witness Protection Law

Admin/ December 12, 2018/ Substantive Law/ 0 comments

Author: Krishna Agarwal On 5 Decemeber, 2018, a division bench of the Apex Court compromising of Justice A.K. Sikri and Justice Abdul Nazeer in Mahender Chawla & Ors. v. UOI directed that: The Union of India as well as States and Union Territories shall enforce the Witness Protection Scheme, 2018 in letter and spirit. It shall be the ‘law’ under Article 141/142

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Culpable Homicide | Indian Penal Code, 1860

Admin/ October 8, 2018/ Substantive Law/ 0 comments

Culpable homicide is an unlawful homicide for which the law treats culprit as guilty. Such homicides have some distinguishing features like the degree of intention, knowledge or recklessness with which the particular homicide has been committed.

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Involuntary Intoxication as a Defence

Admin/ September 21, 2018/ Substantive Law/ 0 comments

The drunkenness (involuntary) should be to such an extent that the accused is not able to understand the nature and consequences of his acts. Drunkenness is no defence unless it is proved that the accused was incapable of forming the intention required for committing the offence.

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Sec 375-376 | Indian Penal Code | Explained

Admin/ September 18, 2018/ Substantive Law/ 0 comments

Limiting the understanding of “rape” to abuse by penile/vaginal penetration only, runs contrary to the contemporary understanding of sexual abuse law and denies majority of women and children access to adequate redress in violation of Article 14 and 21 of the Constitution.

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