The term Negligence is derived from the Latin word ‘negligentia”, which means ‘failing to pick up. In the general sense, the term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care that the doer as a reasonable man should have exercised in…
Abetment by conspiracy consists when two or more persons engage in a conspiracy for the doing of a thing and an act or illegal omission takes place in pursuance of the conspiracy and in order to the doing of that thing. Thus in order for abetment by conspiracy may be constituted, three things are necessary…
DEFINITION UNDER INDIAN PENAL CODE Section 23 of Indian Penal Code defines the term wrongful gain, wrongful loss; gaining wrongfully and losing wrongfully general explanation of all four are given below Section 23 of Indian Penal Code basically defines the term wrongful act in general sense as any mistake distortion activity or exclusion which happens…
Introduction Double Jeopardy is a right secured to every individual under Article 20(2) of the Indian Constitution. It is grounded in the common law maxim nemo debet bis vexari which means “a man shall not be brought into danger for one and the same offence more than once.” If done so, he can plead as…
INTRODUCTION A market for stolen goods is the best encouragement for theft, robbery, dacoity and similar crimes. In order to curtail such crimes, it is important that there exists no demand for such goods. However, the stolen goods being available at rates lower than the market rate of a genuine product invariably attract many buyers,…
INTRODUCTION Mental incapacity is a defense which is used in criminal proceedings; it is the situation when a person is of appreciating the nature of the crime and differentiating right from wrong behavior and in this scenario the person is not into his full conscious which make them not legally accountable for the commission of…
In legal terms, defamation is the attack on another’s reputation by a false publication (communication to a third party) that serves to discredit the individual. Its variety is only constrained by human creativity. Although the concept of defamation originated in English law, it predates that by several thousand years. Defamation typically requires that the publishing…
There is an ancient rule: There is an ancient rule: actus non facit reum nisi mens sit rea – the act does not create guilt unless the mind is also guilty.” – William Landay[1] I. AN INTRODUCTION: WHAT IS MENS REA? The estimation of the exact mental element or mens rea’ essential for a crime is…
INTRODUCTION Every individual has a right to the full enjoyment of their property without any disturbance, this is the reason trespass was made an offence. Even though trespass is ordinarily a civil wrong for which the defendant can sue for damages, but when such trespass occurs with a criminal intention it amounts to criminal trespass.…
STAGES OF CRIME There are four stages of crime as defined in the penal code of India these stages are as follows: The first two stages are not considered as punishable under the Indian penal code, intention is constituted when there is presence of both Mens rea and Actus reus i.e. guilty mind and…
