Laws deal with the most fundamental concerns of human existence such as individual human rights, peace in society and the general stability of nations. They lay down the basic rights and duties of people so that society can flourish. As society changes, the law evolves and there is a need to introduce new laws and…
Strict Liability The principle of strict liability evolved in the case of Rylands v Fletcher (1868) L.R. 3 H.L. 330. In the year 1868, the principle of strict liability stated that any person who keeps hazardous substances on his premises will be held responsible if such substances escape the premises and causes any damage. Going…
Merely possessing a guilty mind and thinking of committing a crime is not enough. The accused person must also act on that intention and do something in its furtherance. Actus reus basically refers to an act or omission which leads to the completion of an offence. Both mens rea, as well as actus reus, together…
The word mens rea have nowhere been used in the Indian Penal Code but it has been applied in two different ways:-While defining offences some words used in the respective section which indicate the actual criminal intent required for the offence. Such words are knowingly, intentionally, fraudulently, dishonestly, voluntarily etc. Such words haven’t been used…
Essential Elements of Crime There are 4 elements of a crime which are- In this article we would be discussing Mens Rea, the second element, which is an important essential of a crime, mens rea or guilty mind. It is a necessary element; the criminal act must be voluntary or purposeful. Mens rea is the…
Before colonialism, the judicial system of India was good at that time but the present judicial system is given by authorities and the legislation of colonial times is based on the religious system like Hindu & Muslim law but most of the law is being followed in this period is English law. The courts were…
In India’s Courts of Judicial Magistrate First Class, “Hurt” cases make up a significant portion of criminal proceedings at the moment. For instance, crimes punishable by Sections 323, 324, and 326 of the Indian Penal Code, 1860. Without these cases, there would be no criminal court. The words “hurt” can also mean “influence damage to,”…
Financial market has paramount importance in economic development. A company decides to issue its shares and securities for various reasons; the main reason being raising capital to meet its financial requirements may be for starting a venture, expansion, diversification and repaying debts, etc. This actually satisfies the number of investors wealth for the sublime reason…
When it comes to dealing with crimes, India’s criminal justice system adheres to the Indian Penal Code. The Indian Penal Code’s structure manages crime via justice and retribution. Due to the impact of English Law, Section 299 of the original Indian Penal Code had provisions for culpable homicide. Any act or physical injury committed by…
A woman may have physical and mental exhaustion after experiencing pregnancy loss (also known as a miscarriage), especially if it was brought on by another person or people. In such circumstances, the lady may desire to bring legal action against the person or people who caused her miscarriage. Unquestionably, such individuals might face penalties under…
