A crime is a wrongful act done with a guilty mind. These are the two essential ingredients that make up criminal liability. The concept of mens rea developed in England around the 1600s, when the judges began emphasising on the role of intent in determining criminal liability. Crimes with mens rea can be categorised into…
When most people think of sexual harassment, they think of a guy grabbing a girl. However, sexual harassment can be something as “insignificant” as being called a slur. It is anything that makes a girl, or boy, feel uncomfortable about his/her sexuality. According to the law, sexual harassment is anything from unwelcome sexual advances…
The framer of the Indian Penal Code, Sir James Fitzjames Stephen favoured the retention of capital punishment and observed that no other punishment deters men so effectively as the punishment of death. The ancient penal law and the Moghul rulers rigorously practised death penalty. However, the changing trends in the same are reflected by various…
The term ‘First Information Report’ has not been defined in the Code of Criminal Procedure. Rather the term has not been used except in section 207 which requires the Magistrate to furnish to the accused a copy of the First Information Report recorded under section 154 (1) of the Code. The report first recorded by…
Honor killing, most often, the homicide of a female or woman by way of male household members. The killers justify their movements by using claiming that the sufferer has delivered dishonor upon the household identify or prestige. HONOR KILLING IN INDIA. Indian society is a multicultural and pluralistic society where a lot of beliefs and…
White-collar crime in business designates offenses that are committed with the purpose of obtaining financial gain by resorting to a particular form of deception. Generally, they include lying, stealing, and cheating in a business context. The variety of white-collar crimes is limited only by the fantasy of the person who commits them and may include:…
INTRODUCTION: Punishment. A notion that is inextricably linked to criminal justice. Certain acts are only regarded as “crimes” because of the term “punishment.” The rulers utilized the weapon known as “punishment” against their subjects in order to instill dread in the public’s minds about their rulers’ capabilities and powers. The following are the numerous punishment…
INTRODUCTION: The first rule of criminal law is self-help. Every individual in India has the right to private body and property defence under the Indian penal law. The law relating to the right of private defence of person and property is found in sections 96 to 106. These sections offer a man the authority to…
Generally, trespass is when there is a wrongful interference with someone’s property without any valid justification. The interference should always be direct and tangible either by a person or by a person through an object. For example, throwing stones at someone’s house would be rendered as trespass to property. In addition to that, there is…
In order to seek protection of section 84 it is necessary for an accused to prove that because of unsoundness of mind, he was incapable of knowing the nature of the act or that act was ‘contrary to law’ or that the act was ‘wrong’. ‘unsoundness of mind’ means a state of mind in which…
