A coercive search of a person’s body or property is an encroachment upon his personal rights that ought to be protected by any civilized state. But even in civilized states its important to put some limitations on these rights in the larger interest of society. It has been observed in State V. Bhawani Singh AIR …
In this blog, we will deal with arrest and its procedure under crpc (Code of Criminal procedure, 1973) and answer popular questions that are asked in LLB and other legal exams relating to arrest and rights of arrested person under crpc. The answers have been supported by Bare Acts and Case laws as far as …
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In this article, the authors have discussed capital punishment and how it conflicts with the basic human rights and the right to life and liberty guaranteed under part III of the constitution of India. This article has been co-authored by Priyanka Chauhan Introduction Capital Punishment is a widely debated topic keeping in mind the situation …
In this article, we will discuss the meaning of Wrongful Confinement, its punishment under the Indian Penal Code, with relevant case laws and illustrations. Introduction Wrongful Confinement is dealt with in chapter 16 of IPC and as the name suggests means confining or limiting a person from accessing boundaries that he otherwise is free to …
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Confusion between culpable homicide and murder is common amongst law students and even lawyers. This perplexity is understandable considering the kindred nature of the offences. In the light of the aforementioned complication, this article has been written for lucid apprehension for anyone seeking to study the topic. Before you start reading, it is to be …
Differentia between Culpable Homicide and Murder Read More »
Every crime essentially has four elements: 1. A human being (indicated by the word “whoever” or “person” or “a man”). 2. Evil intent (mens rea or guilty mind). 3. The act (or omission) willed or the consequences of an act or omission (actus reus). 4. Injury. In this article, we will understand the first two …
The Indian Law on involuntary Intoxication or drunkenness is contained in section 85 of the Code. This section affords the same protection to an accused as section 84 to a person of unsound mind. All these sections of Intoxication and insanity fall under chapter IV (General Exceptions) of the Indian Penal Code in section 84, …
What Does Anti-terror Law Mean? Anti-terror laws are laws that are enacted to control terrorism in a country or a particular state. The nature of these laws (mostly draconian) is usually determined by the state or regimes under which they are made. One of the important characteristics of anti-terror law is that it gives huge …
Mistake of fact is one of the five general defenses or exceptions to criminal liability under the Indian Penal Code and it can be used to avoid liability of criminal nature for an offence. This blog post will explore the meaning of mistake of fact, what types there are, and how it can be used …
What is Mistake of Fact and why is it a defence under IPC? [Updated 2022] Read More »
‘Doli incapax‘ is a Latin legal maxim that infers the meaning ‘incapability of committing a crime’. This term has been used to describe an assumption of guiltlessness for children in criminal law in most countries. We find this term in the Indian Penal Code, 1860 in Section 82, and in the Juvenile Justice Act, 2015 in …
What is “doli incapax” in which section of IPC it lies? Read More »