The Retributive Theory of Punishment: A Brief

The Retributive Theory of Punishment: A Brief

Punishment is one of the most effective instruments that have been widely used all over the ages to prevent social disorder, chaos and crime. It might not be wrong to say that the very objective of punishment is to balance the repercussion of a criminal act of an offender. Antony Flew, HLA Hart and Stanley […]

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Marital rape status in India

Marital Rape in India: A Brief Status

Marital rape is an act of Sexual intercourse with one spouse without their willful consent. The lack of consent by the partner becomes the essential element for this act and it may not necessarily involve physical violence by the partner. It is considered as a form of domestic violence and sexual abuse in our society. […]

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charge

CHARGE UNDER CrPC 1973

INTRODUCTION AND MEANING OF CHARGE Charge under Cr.P.C 1973 is a very important aspect in the field of criminal law, charge under Cr.P.C. It states that the offences with which the person who is accused of the charge. The motive behind the charge is to let know the accused person of the charge, in this, […]

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Criminal Trespass, Lurking House-Trespass and House Breaking

Criminal Trespass, Lurking House-Trespass and House Breaking

Trespass is an offence under both Civil law and Criminal law. According to Percy Henry Winfield, “Trespass to land is the name given to that form of trespass which is constituted by unjustifiable interference with the possession of land”.The term trespass is generally viewed as a civil wrong which simply means interference with another’s possession […]

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FIRST INFORMATION REPORT

FIRST INFORMATION REPORT UNDER CrPC

Introduction This article throws light upon what is meant by the First Information Report (FIR) as given under the Code of Criminal Procedure.The first information report implies any information which is recorded by a police authority or an officer on duty given either by the aggrieved individual or some other individual to the commission of […]

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defamation

Defamation under Indian Penal Code

Introduction – Defamation refers to intentionally harming the reputation of another person by a false statement about him. The law considers that the reputation of an individual is his property and anybody who injures the property is liable for the injury caused. Defamation is a criminal offence under the Indian Penal Code, 1860 and the […]

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CRUELTY BY HUSBAND

CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

This article is written by Varsha Chauhan, B.com LLB(3rd year) from Banasthali University, Rajasthan INTRODUCTION Cruelty against woman after the wedding is unstoppable increasing as days rolling. Therefore, Section 498-A was added within the Indian legal Code by the criminal law (second amendment) Act, 1983, to stop torture to a women by her husband or […]

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Assault and Battery

Assault and Battery under IPC

Introduction – Assault and battery are closely linked words but significantly differ in their meaning. Generally, people mistake assault as use of physical force to hit or injure someone but that is not the case. Assault is considered as putting someone in apprehension of threat whereas battery is physically hurting someone. Both of them have […]

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bail crpc

BAIL under Code of Criminal Procedure

The word ‘bail’ has been derived from very old French verb ‘bailler’ which means to ‘deliver or give’.  Although the word bail has nowhere been defined in the Crpc it is often used in the Crpc and remains one of the vital components of the criminal justice system as well as in a relation of […]

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GENERAL DEFENCES under IPC

GENERAL DEFENCES under IPC

As we all that from Sec76-106 of the Indian Penal Code Deals are based on the presumptions that sometimes the person is not liable for the crimes/ charges which are made up against him so this general defence gives him a way to prove him not guilty of the offence. The main aim of general […]

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Common Intention and Common Object

Common Intention and Common Object

Introduction – In general, criminal liability is a liability of the individual who commits the crime but it is not necessary that in every circumstance crime is committed individually. Many a time it is observed that big crimes like robbery and murder are done in groups. In such scenario, it becomes difficult to determine the […]

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INHERENT POWERS OF HIGH COURT

INHERENT POWERS OF HIGH COURT under CrPC

INTRODUCTION In this article, we have to discuss section 482 CrPC 1973 which is very important for discussing the topic of inherent powers of the High Court. Back in time, the High court could be able to serve justice and exercise its powers in the most effective way. The essential features of the powers are- […]

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