All punishments are based on the same proposition i.e. there must be a penalty for wrongdoing. There are two reasons for inflicting punishment to the offenders. One is the belief that the offender must suffer for committing such act and the other is that the punishment would discourage them to commit further crimes later on.…
India, being a democratic country, reserves the duty of maintaining peace between government and citizens through various methods. Though rights have been conferred on citizens, restrictions also play a crucial role. The events that took place in the past could not be unforeseen and that called for the enactment of sedition laws. so that a…
Criminal Conspiracy (Section 120-A & 120-B) under Indian Penal Code, 1860 Abstract This chapter has introduced a new offence of “Criminal Conspiracy” in the Indian Penal Code, by making the Criminal Law (Amendment) Act,1913. Criminal conspiracy means an agreement to commit an offence. Definition: Section 120-A defines Criminal Conspiracy as under: “When two or more…
“Your physical safety is up to you, as it really always has been.”“You’re a hero when you defend others.”“You’re duty bound to defend yourself and others.” We here this everywhere from almost everyone who are aware about the Right to Private Defence given to us from the supreme law of our country.It is the first…
Right of Private Defence (Section 96-106) under Indian Penal Code, 1860 Abstract Under these sections, the “Right of Private Defence” is discussed as a justifiable defence. In such a defence, the act committed by a person is apparently an offence (because, it is done with due deliberation or intention), but still it is deemed to…
The basis of criminal law is that an accused is presumed to be innocent unless he is proved guilty in the court of law. Every accused has not necessarily contributed to the crime, hence, every accused is presumed to be innocent. Rights to know the grounds of arrest- As stated in section 50(1) of CrPC,…
Vicarious Liability of the State The Government may be held liable for the acts committed by the people working under the Government and this liability of the government arises by the principle of Vicarious liability. The purpose and need of this liability is same as that of Vicarious liability added to that of the concept…
Section 359 of the Indian penal code deals with what’s ‘Kidnapping’. According to this section, kidnapping is often classified as ‘Kidnapping from India’ or ‘Kidnapping from Lawful Guardianship’. Section 360 of the Code says that when an individual is conveyed beyond the bounds of India without that person’s consent, the one that takes such person…
INTRODUCTION: A new chapter, that is Chapter XXI1onPlea Bargaining has been introduced in the Criminal Procedure Code. It was introduced through the Criminal Law (Amendment) Act, 2005, which was passed by the Parliament in its winter5 session. It became effective from 5thJuly 2006. Originally Plea Bargaining is an American concept its origin can be traced…
Introduction:Suppression of Immoral Traffic in Women & Girls Act, 1956 (SITA) was enacted to makeuniform law all over country to prevent human trafficking. Preamble of this Act states thatthis Act was enacted in pursuance of the International Convention signed at New York onthe 9th day of May, 1950, for the Prevention of Immoral Traffic. SITA…
