OFFENCES AGAINST PROPERTY- PART 3 This article will provide information on offences like Cheating, Mischief, Forgery which are also comes under offences against property. 1. CHEATING Sec 415 of IPC defines Cheating as: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to…
This article deals with rest of section of Right to private defence. All the sections mentioned in the article hereunder are from the Indian Penal Code Sec 98 deals with right of private defence against the act of a person of unsound mind etc. It states that when an act, which would otherwise be a…
A state is under obligation to protect the life and property of its subject. But it is not possible for a state, howsoever resourceful and organised it may be, to depute a policeman to every individual for protecting his body and property. A state can never extend its help to all at all times and…
Causation The defendant is liable for any damage which is the direct consequence of his unlawful act, whether he intended the consequence or not, and whether he could have reasonably foreseen it or not. This view was just upheld in Smith vs L and S W Railway. In this case, during a very dry summer,…
There under Indian constitution, in Articles19 and 21, every citizen in the territory of India has the right to freedom of movement and personal liberty is guaranteed. In support of this goal set out in the Constitution, the IPC shall lay down criminal penalties in the event of an individual violating the freedom of movement…
REMEDIES IN TORT There are two types of remedies in Tort- 1) Judicial 2) Extra Judicial Judicial Remedies refers to those remedies that are afforded by the law and a person has to approach the Court of Law in order to obtain such remedies. These are of the following kinds- 1) Avoiding of Damages/ Compensation…
GENERAL EXCEPTION UNDER IPC- PART 4 This article is the continuation of last article which provide information on the general exceptions. This article will provide information on sections from 93 to 95 of IPC. 1. COMMUNICATION Sec 93 states Communication made in good faith— No communication made in good faith is an offence by reason…
GENERAL EXCEPTION UNDER IPC- PART 3 This article will deal with section 85 to 92 of IPC. 1. INTOXICATION Alcohol is strongly associated with the crimes of violence. The effect of alcohol is that it is a depressant which reduces the stimulation of brain and whereby a person loses control of his acts. It weakens…
This article will provide further information on the chapter of General Exceptions. In this article we will talk about section 81 to 84 of the IPC. 1. NECESSITY Sec 81 of IPC recognises the doctrine of necessity as a defence against criminal liability. It is based on two maxims: “Quod necessitas non habet legem” which…
GENERAL EXCEPTION UNDER IPC- PART 1 Chapter IV of IPC, comprising sec 76-106, exempts certain acts from criminal liability. Though the act of an accused prima facie falls within the terms of an offence, does not constitute an offence if it is covered by the exceptions given under this chapter. A wrongdoer, who has committed…
