In day-to-day life, the word ‘negligence’ means nothing else but carelessness. Under the legal sense, it highlights the failure to perform the basic of care which the performer as a reasonable man should perform have in all the situations. In general, there is a legal duty to consider when it can be foreseen that failure…
“Punishment the aim of which is to alter the character of the wrongdoer.” (Bryan) The penalisation system is an integral part of criminal justice and for maintaining Social Security. The progress of civilization has resulted within the change within the theory, technique and motive of penalisation. The practice of penalisation is important for the maintenance…
There is a thin line between culpable homicide and murder. The basic difference between the two offences lies in the gravity of the offence. Homicide is one of the most grievous act a person can commit as it is the highest order of bodily injury inflicted on a human being hence that’s why regulations regarding…
INTRODUCTION Anticipatory bail is a pre-arrest bail that is secured by a person who has a reasonable apprehension of the arrest. The 41st Law Commission recommended the drafting of a provision for the protection of a person fearing arrest in a non-bailable offense. CODE OF CRIMINAL PROCEDURE, 1973 Giving effect to this recommendation, the provision…
To understand this huge problem of Marital rape let us first begin by highlighting what does raping a person involves. Rape is a kind of sexual assault in which a person is subjected to sexual intercourse or other forms of sexual penetration without their consent. Physical force, coercion, or abuse of authority may be used…
Punitive damages are also called exemplary damages. They are awarded both to deter the defendant and others from conduct similar to the conduct that gave rise to the lawsuit, and to punish the defendant. They are often awarded to set a public example. Punitive damages are awarded infrequently, but they may be appropriate in many…
Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. This tort balances competing principles, namely freedom that every person should have in bringing criminals to justice and the need for restraining false accusations against innocent persons. Malicious prosecution is an abuse of the…
Introduction So, we’re all aware of what blackmail is, right? It is a game of emotional fear, fear of reputation, fear of losing something, or fear of not having the same life as before. Is this correct? That is why I call it “Blackmail- a filthy game of fear.” Actually, it’s a game of distractions…
Section 299(Culpable Homicide) and Section 300(Murder) are two of the most important and technical sections of the Indian Penal Code,1860. These two sections may sound same for some, but have a major difference between them. Still some Law aspirants think that these two sections of the Indian Penal Code are same. To understand the difference…
Indian Penal Code (IPC), 1860 vide Section 294 states that “whoever, to the annoyance of others, (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which…
