We all have been hearing about the different personalities being arrested and then given bail after a few hours or a day. From time immemorable in India, people have been hearing that the police arrested Salman Khan for the black buck case or the famous hit & run case and then, after a few hours…
The concept of abetment widens the horizons of criminal law to incorporate these criminal intentions and penalize them even when the person who bought the knife did not kill anyone but handed it over to someone else to do it. To explain the concept of abetment, the word ‘abet’ should be given deep scrutiny. In…
THE CURRENT PROBLEMS ABOUT THE LAW OF MALICIOUS PROSECUTION- The proceedings for malicious prosecution can only be initiated if the plaintiff who files the case of malicious prosecution was tried for the false charges by a tribunal or court of law. But even in proceedings at the police level, grave amount of injury to the…
INTRODUCTION The nominative definition of malicious prosecution is an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages for the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause[1] The court defined the term ‘Malicious…
Introduction An unlawful entry by a person into a private property of an individual is known as trespass. Any person who enters the property of another without the owner’s permission is said to have committed the offence of criminal trespass. In all the countries, trespass against the property has been recognized as a civil wrong.…
One of the first and foremost duty of an individual is to help himself and this is the major reason for the evolution of the right of private defense in the population of all free countries. This right is more or less recognized in every system of law but the extent of it applicability varies…
False imprisonment and detention are similar in this the inmate isn’t accorded due process of law. However, detention is distributed beneath specific circumstances, for instance, if Immigration and Customs social control raids a business and finds contraband immigrants operating there, they will take those employees into custody and hold them in detention till a choice…
INTRODUCTION: “The practitioners of evil, hoarders, the profiteers, the black marketeers, and speculators are the worst enemy of our society. They have to be dealt with sternly. However well placed important and influential they maybe, if we acquiesce in wrongdoing, people will lose faith in us.” …
R v Dudley and Stephens (1884) is a landmark English criminal case that established the principle that necessity is not a defence to a murder accusation across the common law globe. It was about surviving cannibalism after a shipwreck, and how it was said to be justified by a maritime tradition. It was the culmination…
This kind of warfare is also unique in the sense that, it can take place in unusual locations, such as towns or villages, as has been seen in the case of Somalia when the US armed forces fought there, or the still on-going battle in Afghanistan.[1] In such places, it is very difficult to make…
