Mere absence of motive for a crime, howsoever atrocious it may be, cannot, in the absence of plea and proof of legal insanity, bring the case within this section. The mere fact that an act of murder is committed by the accused on a sudden impulse and there is no discoverable motive for the act…
Bentham as an individualist believed that the function of law is to emancipate individual from the bandage and restraint upon his freedom. He supported the economic principle of laissez-faire which meant minimum interference of the State in the economic activities of individuals. Bentham propounded the principle of Utilitarianism. According to this theory, the right aim…
In the case of a Trial initiated by a warrant, the CrPC hereinafter mentioned as the code, has established a provision under chapter XIX, under the name “ Trial of Warrant Cases by Magistrate”. We shall be discussing these provisions, including other related sections, to understand how the procedure works and what role the justice…
The public authority and organization ought to understand that lynching and horde viciousness of any sort will welcome genuine results like insurgency, mayhem, jumble, and in the end, there can be a development of a brutal society. Crowd savagery has been a worry in India for a few years as the nation has seen a…
Section 84.4 Lucid Intervals- A lucid interval of an insane person is not merely a cessation of the violent symptoms of the disorder, but a restoration of the faculties of the mind sufficiently to enable the person soundly to judge the act; but the expression does not necessarily mean complete or perfect restoration of the…
‘Rape’ as a clearly defined offence was first introduced in the Indian Penal Code in 1860. Prior to this, there were often diverse and conflicting laws prevailing across India. Section 375 of the IPC made the act of sex by a man with a woman if it was done against her will or without her…
Negligence, in general, is the breach of duty caused by omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. An action for negligence proceeds upon the idea of an obligation…
INTERNATIONAL SCENARIO– In different parts of the world such as United States does not have hate speech since according to them it would violate the guarantee to freedom of speech contained in First Amendment of the Constitution. In Canada, the offence is indictable, and carries a maximum penalty of imprisonment not exceeding five years. In…
TANDAV AND OTHER OTT– Look at the example of Tandav- a web series starring Saif Ali Khan which created lots of controversies in the whole society. It showed scenes which maligned the image of Hindu Religion and the web series was accused of insulting Hindu Gods. Three sections were charged against the web series in…
ABSTRACT- The article basically talks about the Misuse of Section 295-A as a weapon against entertainment content over OTT platforms. Religion in India is a very sensitive topic and hence most of the headlines nowadays are covered with communal riots, disruption in the lives of people, vandalization of temples, mosques etc. SECTION 295-A of the…
