Criminal Major Acts

Introduction

This document allows one to decode the BARE ACTS for better understanding.

Disclaimer

This document is for educational purposes only and not for any other purpose except for understanding of the BARE ACTS.
Names and examples used are for educational purposes only.
There may be spelling mistakes and proofreading has not been done.
This document is an extension of rough notes taken in class
The document is not intended to be a comprehensive guide and should not be relied upon as the sole source of information.
The document is not a substitute for professional advice or expert analysis and should not be used as such.
The document does not constitute an endorsement or recommendation of any particular technology, product, or service.
The reader assumes all responsibility for their use of the information contained in this document and any consequences that may arise.
The author disclaim any liability for any damages or losses that may result from the use of this document or the information contained therein.
The author and publisher reserve the right to update or change the information contained in this document at any time without prior notice.

Acknowledgments

Respective BARE ACTS were used as references in preparing this document.
Thanks to the professor for sharing knowledge and references used in this document.

01 THE INDIAN PENAL CODE, 1860 [IPC]

02 THE CODE OF CRIMINAL PROCEDURE, 1973 [CRPC]

03 THE HINDU MARRIAGE ACT, 1955 [HMA]

04 THE CODE OF CRIMINAL PROCEDURE, 1973 [Continuation] [CRPC]

05 THE INDIAN EVIDENCE ACT, 1872 [IEA]

06 THE CODE OF CIVIL PROCEDURE, 1908 [CPC]

07 THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 [DVA]

08 THE TRANSFER OF PROPERTY ACT, 1882 [TPA]

09 THE INDIAN EASEMENT ACT, 1882 [IEA]

10 THE LIMITATION ACT, 1963 [LIA]

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#LAW :Coaching Class : Criminal Major Acts :

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16 Jul

Daily One Law Word :

Amicus curiae

An amicus curiae literally means "friend of the court". He is someone, who is not a party to a case. But who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision whether to consider an amicus brief lies within the discretion of the court.

Learn Daily One Advocacy Rule :

An Advocate is not a friend to another Advocate. They both are mere competents to each.

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17 July

Daily One Legal Word :

Habeas Corpus

Meaning - "we, a Court, command that you have the body of the detainee brought before us" .

Habeas Corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

The writ of habeas corpus is known as the "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus.

Daily One Advocacy Rule :

Free Advice Never Feeds Advocate

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18 July

Daily One Legal Word :

Quid pro quo :

"something for something". It is used in English to mean an exchange of goods or services, in which one transfer is contingent upon the other; "a favor for a favor".

Phrases with similar meanings include - "give and take", "tit for tat", "you scratch my back, and I'll scratch yours", and "one hand washes the other".

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In common law, quid pro quo indicates that an item or a service has been traded in return for something of value, usually when the propriety or equity of the transaction is in question. A contract must involve consideration: that is, the exchange of something of value for something else of value. For example, when buying an item of clothing or a gallon of milk, a pre-determined amount of money is exchanged for the product the customer is purchasing; therefore, they have received something but have given up something of equal value in return.

Daily One Advocacy Rule :

Be a defence lawyer to your own client, while getting information from him about the case.

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19 July

Daily One Legal Word :

Audi alteram partem

It is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well".

It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

Daily One Advocacy Rule :

Sharing your Law Knowledge to others is the biggest SIN in Advocacy.

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THE INDIAN PENAL CODE, 1860

IPC : IPC 1860

IPC Sec 1 : Title and extent of operation : only for india and except the State of Jammu and Kashmir

What is penal : punishment

Check in google :

Ranbir Penal Code for jammu and kashmir

IPC Sec 18 : India : definition of INDIA

IPC Sec 3 : Punishment of offences committed beyond, but which by law may be tried within INDIA

British wanted India not to understand LAW and hence it was not written in simple English ; so it will be easy to confuse and control the freedom fighters. Divide and conquer them.

e.g. - The honeymoon couple went to Sri Lanka and due to a quarrel he killed the wife and came back to india.

Now can we file a case in INDIA?

solution: Suo Motto indian government will file a case

If there is any multiple meanings and not in simple English- there will be

-- explanation to clarify them and for understanding.

-- exceptions will be given in certain sections.

Legal Terms

Major Act Applicable in Entire India.

Minor Law is applicable for local government.

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20 July : Monday

Daily One Legal Word :

Prima facie

It is a Latin expression which means,

- on its first encounter

- at first sight

- at first face

- at first appearance

- at first view

The term prima facie is used in modern legal English language (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case.

Prima facie denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact.

Daily One Advocacy Rule :

Never take a case which you cannot win.

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**Definition of CRIME is not in IPC

What is Crime? offences or acts forbidden :-

Crime is an act which is prohibited by law. Maybe an omission of an act. Must be an injury to others.

**Offence is defined under sec 40.

sec 40. “Offence”:– Except in the Chapters and Sections mentioned in Clauses 2 and 3 of this Section, the word “offence” denotes a thing made punishable by this Code. the word “offence” denotes a thing punishable under this Code, or under any special or local law as hereinafter defined

**- is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.

Local Law : made by states

** whether with or without fine: discretionary power of the Judge

** six months or upwards - means: The Judge has to give a minimum of 6 months and cannot reduce less than 6 months.

IPC 41. “Special law”:–

A “special law” is a law applicable to a "particular subject."

e.g: Subject or content :- whoever sends this video of Gujar community sent to other people is punishable - passed special law by government.

IPC 42. “Local Law” :-

A “Local Law” is a law applicable only to a particular "part of India."

IPC 43. “Illegal”; “legally bound to do:-

The word “illegal” is applicable to everything which is an offence or which is prohibited by law

** "furnishes ground" means:- providing provision or helping the person to commit the offence.

if a husband is harassing the wife and the court gives order not to harass. Now he is “legally bound to do” not to harass the wife. now whatever it is illegal in him to omit

IPC 44. Injury :

any harm illegally caused to any person, in body, mind, reputation or property

causing Harm illegally - person/ body/ mind/ reputation

IPC 45. Life :

The word “life” denotes the life of a human being,unless the contrary appears from the context.

unless the contrary - means contradiction

in general life means - human life

unless the contrary - here life can be changing with the subject.

e.g Dog is dead in an accident- files he has taken the life of my dog. Here life is only about the dog not about the human.

Life of the building is not upto the market and poor.

IPC 46. Death :

The word “death” denotes the death of a human being unless the contrary appears from the context.

unless the contrary appears from the context.: - here the context will change with subject - human / animal/ buildings

IPC 53. “Punishments”

Secondly:– Imprisonment for life = here the life context means human

Legal Terms

** "List of the definitions must be read before entering into sections"

IPC 47. “Animal”:–

The word “animal” denotes any living creature, other than a human being

e.g :- birds are also an animal according to the above definitions.

Legal Terms:

use the legal terminologies and will create impact on the Judges

All the judges will wait for the respect and they will not act until you show to respect"

IPC 48. Vessel :

denotes anything made for the conveyance by water of human or property

IPC 49. “Year”, “Month" :-

to be reckoned according to the British calendar.

IPC 50. “Section” :-

denotes one of those portions of a Chapter of this Code which are distinguished by "prefixed numeral figures."

IPC 51. Oath :

The word “Oath” includes a "solemn affirmation" substituted by law for an oath,

solemn affirmation means = : Formal confirmation

Witnesses once they enter the court, would be asked to take an oath.

Legal Term

Affidavit: I hereby declare that the above information is true to my knowledge. = this is the

IPC 52. “Good faith”:–

Important point

"without due care and attention."

Good faith :- Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention

e.g.: Act which is done with due care and attention is good faith

IPC 52A. Harbour : Important section :

Harbour”:– the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or assisting a person by any means.

Except in Section 157, and in Section 130 in

the case in which the harbour is given by the wife or husband of the

person harboured = Means when the husband escapes and reaches his home and wife harbours or accepts him. The wife cannot be punished.

e.g when you are offering food to veerappan aid - the person will be punished

IPC 157. Harbouring persons hired for an unlawful assembly.

IPC 158. Aiding escape of, rescuing or harbouring such prisoners.

**// why IPC is not applied in Jammu and kashmir : according to sec 18 except Jammu & kashmir - INDIA definition is provided.

sec 4. Extension of Code to extra-territorial offences :

4(1)= "any citizen of India" in any place without and beyond India

4(2)= any person on any ship or aircraft "registered in India" wherever

it may be.

4(3)= committing offence "targeting a computer resource" "located in India"

Difference B/w Section and clause

the expression "computer resource" shall have the meaning assigned to it in clause (k) of sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000)]

Here clause (K) means : why is it called a clause because "alphabet" is used. This is the difference between Section and clause.

section defined in 50. “Section” :- denotes one of those portions

of a Chapter of this Code which are distinguished by "prefixed numeral

figures."

sec 14 Servant of Government”:– and sec 21 Public Servant

sec 14 :

continued, appointed or employed in India by or under the authority of Government.

e.g pune or helper appointed by the collector.

17. “Government

18. “India”:–

IPC 19. “Judge :

not only every person who is officially designated as a Judge, but also every person,

IPC 20. “Court of Justice”:–

a Judge who is empowered by law to act judicially alone, or a body of judges

IPC 21. “Public Servant" : -

Every public servant is a servant of the government or vice versa. to become a public servant there are 11 categories

Second:–

Every Commissioned Officer in the Military, Naval or Air Forces of India

Third:–

Every Judge, including any person empowered by law to discharge,whether by himself or as a member of any body of persons, any adjudicatory functions

E.g = means who can pronounce the judgment.

Fourth:–

Every officer of a Court of Justice 10[(including a liquidator, receiver or commissioner)] whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court of Justice to perform any of such duties;

E.g Every Officer of a Court of Justice

Fifth:–

Every juryman, assessor, or member of a "panchayat assisting" a Court of Justice or public servant;

Sixth:–

Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;

E.g Every arbitrator

Seventh:

Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

E.g to place or keep any person in confinement --is jailor

Eighth:

Every officer of 1[the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

E.g to bring offenders to justice, or to protect the public health, safety or convenience = police

Ninth:

Every officer whose duty it is as such officer, to take, receive, keep or expend any property on behalf of 1[the Government], or to make any survey, assessment or contract on behalf of 1[the Government], or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of 1[the Government],

E.g any property on behalf of the Government,

Tenth:

Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

E.g of any village, town or district, or to make, authenticate or keep any document

Eleventh:–

revise an electoral roll or to conduct an election or part of an election;

Twelfth:

(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;

(b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956).]

E.g : (a) Corporation , (b) Municipality

Illustration

A Municipal Commissioner is a public servant.

IPC 22. “Moveable property”:–

except land and things attached to the earth or permanently fastened to anything

**// important sec 23, 24, 25 & 26

IPC 23. “Wrongful gain”:–

is gain by unlawful means

e.g. bank manager vacates the owner due to unfull pay of dues. Now the manager is using the flat. Now the manager has got a wrongful gain. and the owner now has wrongful loss when he is legally entitled.

“Wrongful loss”

IPC 24. “Dishonestly" -

Whoever does anything with the intention of

causing wrongful gain or wrongful loss.

"No concept of hiding the facts"

e.g. The bank manager, when providing a loan, doesn't have any idea to do fraud. After the customer doesn't pay the emi's then manager

IPC 25. “Fraudulently” :

means Primary intention or idea is to commit fraud.

E.g. 1 person in chits : introduced a new scheme to invest 1000 rupees and get back 10000 rupees by a year. Now after collection from 1 lakh people, the office disappears. Main intention is to fraud or the idea of fraud.

"Here is the concept of lying or hiding facts".

E.g. Already married and creates a profile and provides as unmarried.

IPC 26. “Reason to believe”:–

“reason to believe” a thing, if he has sufficient cause to believe that thing "but not otherwise"

e.g. two people who are staying and one is dead and all doors & windows are closed from inside, then it is "Reason to believe".

e.g.

IPC 29. “Document”:–

"as evidence of that matter"

-any matter expressed or described upon any substance

-by means of letters, figures or marks, or by more than one of those means.

IPC 31. “A will”:–

The words “a will” denote any "testamentary document"

testamentary :

**// Important section 34 . common intention Vs 149. common object

IPC 34 . common intention :

When a "criminal Act" is done by several persons.

e.g: 4 persons : one stabs the person, another holds the mouth, other closes the doors and fourth ties the person. Here all have common intention

- here every person must act here.

IPC 149. common object:-

Every member of unlawful assembly guilty of offence committed in prosecution of the common object

Means: you are member of an unlawful assembly

- here not every member needs to act , but present with the assembly.

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21 July Tuesday

Daily One Legal Word :

Qui facit per alium facit per se

It is a Latin legal term that means, "He who acts through another does the act himself."

It is a fundamental legal maxim of the LAW OF AGENCY.

It is a maxim often stated in discussing the liability of an employer for the act of an employee in terms of vicarious liability.

According to this maxim, if in the nature of things, the master is obliged to perform the duties by employing servants, he is responsible for their act in the same way that he is responsible for his own acts.

Daily One Advocacy Rule :

Advocate must speak less and think more.

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22 July wednesday

IPC sec 1: Title and extent of operation of the Code

IPC sec 2 : "not otherwise"

"Which he shall be guilty within India."

IPC Sec 3 & 4 : when offence committed outside INDIA

E.g when passengers during flight who commit offences over flight journey, will be brought back to INDIA

IPC sec 5: Certain laws not to be affected by this Act :-

any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service :- they will be punished under Military laws not under IPC

IPC Sec 6: understood subject to exceptions:

IPC sec 7: Sense of expression once explained :

e.g "murder" is defined in sec-300, then wherever the word "murder" is repeated, must be referred with sec-300. same for every other word.

IPC sec 8: the pronoun “he”and its derivatives -

[his & him] means- refers to whether male or female. There is no separate word "SHE" is used.

IPC sec 9: Unless the contrary appears from the context

= Means unless there is change from the normal meaning [ here number(s)], the context won't change.

IPC // Important sections in IPC//

3,4, 8,11,

21,24,25, 34, 53,

76 to 106,

107, 108,

120A,120B, 121,121A, 124A,

131, 132,

141,142,143, 146,147, 148, 149, 153A, 153AA, 153B, 159, 160,

166, 166A, 166B,

191, 192, 193, 201, 212, 268, 274,

299 to 311,

319 to 326B,

336 to 342,

349 to 354D,

359 to 363,

370,

375 to 384,

378 to 384, 390 to 396,

399, 402,

403,404,

405, 406, 409,

410, 411,

415, 416, 417, 420,

425, 426, 429, 430, 431, 436,

441 to 448,

455, 463, 464, 465, 493 to 502 , 503, 506, 509 & 510.

IPC //Case laws//

1. who is a public servant. to test the public servant - these are the guidelines published in the judgement.

"AR Antulay Vs RS Nayak" - google the case & understand.

*- India doesn't allow dual citizenship : - e.g. when a person gets a GREEN CARD, he automatically loses Indian citizenship. He is referred to as NRI.

e.g. when a person travels to chicago, an NRI holder. While he is on air over the African nations commits a crime. He will be tried under "sec 4 -Extension of Code to extra-territorial offences"

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23 July Thursday

Daily One Legal Word :

Actus Non Facit Reum Nisi Mens Sit Rea

Meaning: An act does not make anyone guilty unless there is a criminal intent or a guilty mind.

It explains to us that for any act to be illegal in nature, it must be done with a guilty mind.

Daily One Advocacy Rule :

Learn only the Procedures in the court from a Senior Lawyer but not Law.

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IPC Exceptions : sec 76 to 106.

76. Act done by a person bound by law - [mistake of Fact]

77. Acting judicially -[Judicial facts]

78. Act done pursuant in order or judgement of court -[Judicial facts]

79. Act of a person justified or believing justified by law - [mistake of Fact]

80. ACT Caused by accident

81. act likely to cause harm done without criminal intention, to prevent other harm.

82. Act of a child under 7 yrs.

83. act of a child above 7 yrs under 12 yrs but of immature understanding.

84. act of a person of a unsound mind

**85 and 86 - act of an intoxicated person.

87. Act not known to be likely to cause death or grievous hurt done by the consent of the sufferer.

88. Act not intended to cause death done by consent of the sufferer, in good faith for his benefit.

89. act done in good faith for the benefit of the child or insane person by or by the consent of the guardian

90. Consent given under fear or misconception

91. execution of independent offences

92. Act done in good faith for the benefit of a person without consent.

93. Communication made in good faith to a person for his benefit.

94. Act done under threat.[ except Murder & agaist State]

95. Act causing slight harm.

IPC **96 to 106 - Right of Private defence. [RPD]

96. Act done in the exercise of right of private defence is not an offence.

97. Right of private defence of the body & property of your's & another.

98. Right of private defence against unsound person.

99. No private defence where there is [no apprehension of] death or grievous hurt.

100. Right of private defence of the body extends to cause death.

101. Right of private defence extends to other harm than death.

102. Commencement and continuance RPD of the body starts by reasonable apprehension[expectation] of danger. {apprehension means expectation}

103. Right of private defence [RPD] of property extends to death.

104. Right of private defence [RPD] of property extends to other harm than death.

105. Commencement and continuance RPD of property starts by reasonable apprehension[expectation] of danger.

106. Using RPD against deadly assault with risk of causing harm to innocent person.

IPC General exceptions can be categorised in to following 7 categories

IPC Shortcut to remember classifications

MJ AAA TP - Short to remember classifications

M - Mistake of fact [76,79]

J - Judicial facts [77,78]

A - Accidental acts [80

A - Absence of criminal intention [81 - 86, 92 - 94 ]

A - Acts done with consent [87 - 91]

T - Trifling Acts [95]

P - Private defence [96 - 106 ]

****_ ****

Actus reus - means "Guilty act"

Mens rea- means "Guilty intention "

What is a crime - is not defined in IPC, Offense is defined in IPC Sec 40

- Crime is an act of commision or omission or prohibited by law.

- Every crime is punishable under law.

- Criminal acts will be penal in nature. where as civil is remedial in nature; means No civil act can be punished and Criminal act is always punished.

E.g.

For Practising criminal lawyer: how can you save your client?

- My client does not have guilty intentions.

- prove that there is no "Mens rea"

- the murder or acquist when doesn't has "Mens rea"

E.g.

- Kamal murdered B with a knife.

- The result is the death of Raj.

- Here what is Actus reus is death.

- Kamal, is he having Mens rea [ guilty intention / idea] ?

- if you have criminal idea then only you will do criminal act

When one has "Mens rea" and "Actus reus" is done.

"Actus reus" is the result of "Mens rea"

****_ ****

"Actus Non Facit Reum Nisi Mens Sit Rea

Meaning: An act does not make anyone guilty unless there is a criminal intent or a guilty mind.

It explains to us that for any act to be illegal in nature, it must be done with a guilty mind."

****_ ****

Legal Terms

Stages Of Crime

Intention - "Mens Rea"

commision - "Actus Reus"

**// Case related to Doctrine of "Mens rea"

R vs Prince

R vs Tolson

Homework - look at these cases and understand and explain them.

scenarios :-

1. i get a idea myself to murder

2. gettings idea from others to murder, encouraging to do criminal act is a criminal act is an offence

IPC 107. Abetment of a thing

- First :– Instigates [ means initiating]

- Secondly :-conspiracy [means planning something, secretly planning unlawful act],

Pursuance of that conspiracy - means action of the conspiracy

- Thirdly :– Intentionally aids - means helping

IPC 108. Abettor

IPC 109. Punishment of abetment

IPC 306. Abetment of suicide :-

whoever abets the commission of such suicide. Then a term which may extend to ten years, and shall also be liable to fine.

Which may extend 10 yrs = means, upto 10 max not more than that.

IPC 53. “Punishments”

there are only 5

First:– Death; - means “death needs to get confirmation from the high court.”

Secondly:– Imprisonment for life; means “ will live in jail till natural death.”

Thirdly:– [Repealed by Act XVII of 1949];

Fourthly:– Imprisonment, which is of two descriptions, namely:–

(1) Rigorous, that is, with hard labour,

(2) Simple; menas “ you are not made to work hard- you get 3 time food, library.”

Fifthly:– Forfeiture of property; means “pay back the money, until then forfeiture of the property otherwise property will be sold in auction.”

Sixthly:– Fine. means- “least punishment, no imprisonment when paid in court. Until payback of the amount, simple imprisonment is done. ”

****_ ****

"vicarious liability"

E.g. If there is a person in INDIA, Chennai. Appointed an agent. An Agent will work on behalf of the principle. if agent did something the principal is liable

- you are bound by the law by acts of the other

"vicarious liability" means - A person is bound by law by the acts of others.

e.g. relationship b/w Master and servant.

- "vicarious liability" does not apply when the Agent has acted exceeding his powers.

- e.g. when A rents the house, he appointed B as an agent to collect rents og the flats. Some are not paying rents. Now B has got rowdies and disposed from the flats.

- case is filed on B - agent . here the only power is given to collect the rent. now the agent has exceeded his limits, he is personally liable.

- when the servant acts within the given powers he is not liable. only the master is liable of the arriving consequences

Daily One Legal Word :

Qui facit per alium facit per se

It is a Latin legal term that means, "He who acts through another does the act himself."

It is a fundamental legal maxim of the LAW OF AGENCY.

It is a maxim often stated in discussing the liability of an employer for the act of an employee in terms of vicarious liability.

****_ ****

IPC 120-A. Definition of criminal conspiracy:–

When two or more persons agree to do, or cause to be done,

Explanation:– It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

Immaterial- here Means,

E.g - collector is leaving the office by car, you started throwing the stones. One stone broke the glass and injured the eye. Your only intention is to show unhappiness, but not to injure him.

this is not the accident-

an act which is not illegal by illegal means : fighting for your rights is legal and throwing stones is illegal. Now planning for that act is also criminal.

IPC 120-B Punishment of criminal conspiracy ;-

Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence

imprisonment of either description : means, rigorous or simple punishment.

Just mere planning [criminal conspiracy] to kill the CM/ PM/ Wife/ a person, is criminal conspiracy and is an offence.

imprisonment for life or rigorous imprisonment : here “or” means either can apply

IPC 302 : Punishment for murder

imprisonment for life, and shall : here “and” means both are compulsory

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24 Jul Friday

Daily One Legal Word :

Quantum meruit – What one has earned.

Or it means, The amount he deserves. In other words, A reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated (specified, written down) in a legally enforceable contract.

Daily One Advocacy Rule :

Never Lie To Your Own Client

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25 Jul saturday

Daily One Legal Word :

Alimony

A husband’s (or wife’s) provision for a spouse after separation or divorce; maintenance.

Alimony refers to court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement. The reason behind it is to provide financial support to the spouse who makes a lower income, or in some cases, no income at all.

Daily One Advocacy Rule :

Advocate must be always updated in terms of Law

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26 Jul sunday

Daily One Legal Word : Legal English

It is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features, aimed to achieve consistency, validity, completeness and soundness, while keeping the benefits of a human-like language such as intuitive execution, complete meaning and open upgrade.

However, Legal English has been referred to as a "sublanguage", as legal English differs from ordinary English. A specialized use of certain terms and linguistic patterns governs the teaching of legal language.

Thus, "we study legal language as a kind of second language, a specialized use of vocabulary, phrases, and syntax that helps us to communicate more easily with each other".

Daily One Advocacy Rule :

Never speak about the weaknesses of one Advocate, before the other Advocate.

Whatever facts you know about other Advocates, just behave unknown about them. Be like an ocean, keep everything within you, don't let them come out.

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27 Jul Monday

Daily One Legal Word :

Ignorantia Facti Excusat

It is a Latin legal maxim which means, " ignorance of a fact is an excuse ".

Any act done under a mistaken impression of a material fact is excused. Acts and contracts made under a mistake or an ignorance of a material fact are voidable.

Daily One Advocacy Rule :

Never depend upon the witnesses of your case, instead rely on the weaknesses of the Defence case.

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IPC Shortcut for Punishments

IPC Theories of punishment [DPRRE]

D - Deterrent theory

P - Preventive theory

R - Retributive theory

R - Reformative theory

E - Expiratory theory

Deterrent theory - to prevent/stop the offender from committing the crime again.

Preventive theory: the criminals will stay away from the society

Retributive theory: a wrong-doer suffers the same quantity of injury

Reformative theory: Criminal behaviour is like a disease and it must be treated.

Expiatory theory: victim must be compensated by the wrong-doer

Theories of punishment <PDF Content> <Start>

DPRRE

D - Deterrent theory

P - Preventive theory

R - Retributive theory

R - Reformative theory

E - Expiratory theory

Deterrent theory:

deter means to abstain/stop. Deterrent punishments are severe punishments

intended to prevent/stop the offender from committing the crime again . By severe

punishments, the persons will fear and abstain from criminal behaviour. In this way, the crime

rate may be decreased.

Preventive theory:

This theory believes that " Prevention is better than cure ". All the criminals

are kept at a long and very far distance from the society, so that peace may prevail in the

society and the criminals will stay away from society . Under this theory also, the criminals are imposed with severe punishments.

Retributive theory:

This theory believes in " A tooth for a tooth, An eye for an eye ". By this

theory, a wrong doer suffers the same quantity of injury and harm which the victim suffered.

It pays the correct and actual return to the crime. Still now, Mostly the Islamic countries follow

this system and hence there are very less crimes in those countries compared to the rest of the

world.

Reformative theory:

This theory believes that " No one is born a criminal ". A criminal is a

product of social and economical circumstances. Because of the differentiation between the rich

and poor in the society, mostly the poor people will be involved into crimes to fulfill their needs,

requirements and desires. Criminal behaviour is like a disease and it must be treated.

Every Government must take certain reformative steps and measures to help the the poor

people.

Expiatory theory:

Expiation means the " act of compensation". Whenever a criminal harms the other person, the victim must be compensated by the wrongdoer. Under this theory, the criminal is punished economically and the court passes an award of compensation payable by

the criminal to the victim.

Generally, it depends upon the government of each country to adopt and implement a particular

type of theory of punishment. One country may adopt more than one type of punishment theory.

According to the need, requirement and severity of crime rate in a country, the governments will

adopt different types of punishment theories in law of that country, to bring the peace in the

Society. >

MISTAKE OF FACT & MISTAKE OF LAW (Section 76 & 79)

what is a mistake : A conscious ignorance or forgetfulness of a fact, material to the contract.

The fact may be past or present.

Mistake of fact : A mistake which takes place when some fact which really exists is unknown.

Mistake of law : A mistake of law occurs when a person is having full

IGNORANCE OF FACT IS AN EXCUSE

BUT IGNORANCE OF LAW IS NOT AN EXCUSE

“ignorantia facti excusat ignorantia juris non excusat”

MISTAKE OF FACT & MISTAKE OF LAW (Section 76 & 79)

what is a mistake : A conscious ignorance or forgetfulness of a fact, material to the contract.

The fact may be past or present.

Mistake of fact : A mistake which takes place when some fact which really exists is unknown.

Mistake of law : A mistake of law occurs when a person is having full knowledge of facts but

has an erroneous conclusion about the legal effects of the contract.

IGNORANCE OF FACT IS AN EXCUSE

BUT IGNORANCE OF LAW IS NOT AN EXCUSE

“ignorantia facti excusat ignorantia juris non excusat”

It means 'ignorance of fact excuses, ignorance of law does not excuse'. It is found to be harsh

by some jurists but it is believed that this helps compel people to abide by the law which would

otherwise encourage ignorance.

This legal principle tells us that a person who is unaware of a law may not escape from his

liability for violating the law, merely because he was unaware of its content.

The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal

offenses or a subject of a civil lawsuit would merely claim that one was unaware of the law in

question to avoid liability, even if that person really does know what the law in question is.

Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how

transiently. Even though it would be impossible, even for someone with substantial legal

training, to be aware of every law in operation in every aspect of a state's activities, this is the

price paid to ensure that willful blindness cannot become the basis of exculpation.

Thus, it is well settled that persons engaged in any undertakings outside what is common for a

a normal person will make themselves aware of the laws necessary to engage in that undertaking.

If they do not, they cannot complain if they incur liability.

<Stop><PDF Content

Of offences against Property

Of theft

IPC 378. Theft:–

Whoever, intending to take dishonestly [sec24] any movable property.out of the possession of any person without that person’s consent, is said to commit theft.

E.g Theft can happen only with moveable property.

E.g Theft - moves in secret way and gets wrongful gain

Of Extortion

IPC 383. Extortion:–

Whoever intentionally puts any person in fear of any injury and thereby dishonestly to deliver any which may be converted into a valuable security, commits “extortion”

IPC 379. Punishment for theft:–

Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

IPC 384. Punishment for extortion:–

Whoever commits extortion shall

be punished with imprisonment of either description for a term which may

extend to three years, or with fine, or with both.

IPC 379 & 384 : Punishment

Punishment for theft & Punishment for extortion :- either description extend to three years

Of Robbery and Dacoity

IPC 390. Robbery:–

In all robbery there is either theft or extortion.

When theft is robbery:– voluntarily causes or attempts to cause any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery:– person in fear of instant death, or instant hurt to that person, or to some other person,

IPC 391. Dacoity :-

When five or more persons conjointly commit or attempt to commit a robbery

IPC 392. Punishment for robbery:–

be punished with rigorous imprisonment for a term which may extend to ten years if the robbery is committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

IPC 395. Punishment for dacoity:–

Whoever commits dacoity shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

IPC 399. Making preparation to commit dacoity:–

Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also [shall means both] be liable to fine.

IPC 395 & 399 : Punishment

Punishment for dacoity & Making preparation to commit dacoity : rigorous imprisonment ten years

IPC 402. Assembling for purpose of committing dacoity :

shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment

Image:- Offences Against Property

Image: summarized distribution b/w theft, extortion, robbery & dacoity

Of wrongful restraint and wrongful

confinement

IPC 339. Wrongful restraint:–

Whoever voluntarily obstructs any person

so as to prevent that person from proceeding in any direction in which

that person has a right to proceed, is said wrongfully to restrain that person

E.g. One direction is stopped in wrongful restraint.

IPC 340. Wrongful confinement:–

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.

E.g. When locked up in the room- can't move in any direction is Wrongful confinement

IPC 341. Punishment for wrongful restraint

shall be punished with simple imprisonment

may extend to one month, to five hundred rupees

IPC 342. Punishment for wrongful confinement

hall be punished with imprisonment of either description

for a term which may extend to one year, or one thousand rupees

IPC 343. Wrongful confinement for three or more days

either description for a term which may extend to

two years, or with fine, or with both.

IPC 344. Wrongful confinement for ten or more days:

with imprisonment of either description for a term which may extend to

three years, and shall also be liable to fine.

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28 July Tuesday

Daily One Legal Word :

ALIMONY

Alimony, also known as “spousal support” or “spousal maintenance,” refers to the obligation of an individual to provide their spouse with financial support after a separation or divorce.

Traditionally, alimony was the sole obligation of a husband, but in modern times, wives can be responsible to pay support to their husbands, especially in cases where her income is considerably higher than his.

Daily One Advocacy Rule :

Never share your weaknesses and problems in life with anyone, who works within a court.

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IPC 349 : Force :

A person is said to use force to another if he causes

motion, change of motion, or cessation of motion to that other--

contact with any part of that other’s

body, or with anything which that other is wearing or carrying

E.g. when a woman is driving and person B takes a stick and hits the woman's bag and the bag drops down. He has stopped her and created fear in her. Here her motion is stopped and fear is created without touching physically, but using substances, but not causing any injury. No other intention.

IPC 350: Criminal Force:

Whoever intentionally uses force to any

person, without that person’s consent, in order to the committing of any Offence; likely that by the use of such force he will cause injury, fear or annoyance

E.g. : (a) Z is sitting in a moored boat on a river [ moored means tied]; likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.

E.g. (b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes

them to quicken their pace. Here A has caused change of motion to Z

by inducing the animals to change their motion. A has, therefore, used force

to Z; and if A has done this without Z’s consent, intending or knowing

it to be likely that he may thereby injure, frighten or annoy Z, A has used

criminal force to Z.

CRIMINAL FORCE : means there will be “no consent” and “intention to cause harm”

IPC 351. Assault:–

Whoever makes any gesture, it to be likely that such gesture

he who makes that gesture

or preparation is about to use criminal force to that person, is said to

commit an assault.

ASSAULT : means before the ACT only the justure.

Explanation:– Mere words do not amount to an assault

E.g (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z.

Now coming to sec 141 : An assembly of five or more persons is designated an “unlawful assembly”

First:– To overawe by criminal force, or show of criminal force,

Overawe : means - dominating in behaviour

Second:– To resist the execution of any law. [ Bringing law in to force or motion]

E.g Covid19 : after 11pm non one is allowed. Now the police stop the person. The police are the one who brings the law in motion.

Third:– To commit any mischief or criminal trespass, or other offence

IPC 425. Mischief:–

with intent to cause, or knowing that he is likely to cause, wrongful loss or damage.

Here only there is only wrongful loss not any wrongful gain.

IPC 441. Criminal trespass:–

Whoever enters into or upon property in the possession of another; with intent to commit an offence or to intimidate, insult or annoy any person.

Trespass : entering ounces property

Fourth:– By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession

Incorporeal : does not have any body or shape.

Fifth:– By means of criminal force compel any person to do what he is not legally bound to do.

E.g criminal trespass is a definition

Of offences against the Public Tranquility

IPC 143. Punishment:–

Whoever is a member of an unlawful assembly,

shall be punished with imprisonment of either description for a term which

may extend to six months, or with fine, or with both.

IPC 142. Being member of unlawful assembly:–

Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally

joins that assembly, or continues in it, is said to be a member of an unlawful assembly.

There must be unlawful assembly, to get their common object done.

IPC 34. Acts done by several persons in furtherance of common intention:–

When a criminal Act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

When a criminal Act is done by several persons: means there is no restriction of number - 2 person or 3 person or 4 or 5 or any .

34 alone is not an offence.

Common intention : everyone wants to kill him and die on the spot

Similar intention : Your intention is to do grievous hurt, suffer and after die later in hospital

Common Object : can happen only when “Unlawful assembly happen”

IPC Common Intention & Common Object - PDF <--PDF LINK

IPC 141. Unlawful assembly:–

An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the

persons composing that assembly is,–

First: - To overawe by criminal force, or show of criminal force

IPC 141. Unlawful assembly —

An assembly of five or more persons is designated an “unlawful assembly“, if the common

object of the persons composing that assembly is—

First – To overawe by criminal force, or show of criminal force, the Central or any State

Government or Parliament or the Legislature of any State, or any public servant in the exercise

of the lawful power of such public servant; or

Second – To resist the execution of any law, or of any legal process; or

Third – To commit any mischief or criminal trespass, or other offence; or

Fourth – By means of criminal force, or show of criminal force, to any person, to take or obtain

possession of any property, or to deprive any person of the enjoyment of a right of way, or of the

use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce

any right or supposed right; or

Fifth – By means of criminal force, or show of criminal force, to compel any person to do what

he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation – An assembly which was not unlawful when it assembled, may subsequently

become an unlawful assembly.

From this section we can say that, to constitute an unlawful assembly the following

ingredients is necessary –

● There should be an assembly of five or more persons.

● There must be a common object for them.

● Common object must be one of the five ingredients, specified in the above section.

● When the number of the persons reduces from five for trial for the reason that some

were acquitted for the charges then the s. 141 will become inapplicable. But if there is

clear indication that some other unidentified persons are involved in the crime then this

section can be applied.

DIFFERENCE BETWEEN COMMON INTENTION AND COMMON OBJECT

Both Section 34 and s.149 imposes vicarious liability on each person for acts not necessarily

done by them. However, there is a difference in the scope and nature of operation of the two

offences. The charge of s.149 is substituted by s.34 of IPC, especially when some accused are

acquitted and number of the accused falls below five. In this case the court would have to

carefully examine the evidence to see whether some element of common intention exists for

which he can be made liable under s.34. The main differences between the two sections are as

follows:

Section 34 does not create any specific offence but only lays down the principle of joint criminal

liability. Whereas s.149 creates specific offence and being a member of an unlawful assembly is

itself a crime, which is punishable under s.143.

‘Common intention’ used in S.34 is not defined anywhere in IPC, while ‘common object’ in s.149

must be one of the five ingredients defined in S. 141 of IPC.

Common intention requires a prior meeting of mind and unity of intention and overt act has been

done in furtherance of the common intention of all. A common object may be formed without a

prior meeting of mind when the common object of the members of the unlawful assembly is one

but the intention of participants is different. It only requires that criminal act has been done in

furtherance of the common object.

For invoking S.34 it is sufficient that two or more persons were involved. However, there have to

be a minimum of five persons to impose S.149.

The crucial factor of S.34 is ‘participation’ while there is no need of active participation in S.149

of IPC.

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29 July wednesday

Daily One Legal Word :

PALIMONY

An allowance paid to a person by their former spouse after a divorce or separation is recognized by the court as Alimony.

The term “PALIMONY” is sometimes used to describe alimony-like support payments made in a situation where the couple lived together for a significant period of time but never married. Because alimony, or “spousal support,” is by statute an award to a “spouse,” it cannot be awarded in a cohabitation or common law marriage situation.

Daily One Advocacy Rule :

Create doubt in the mind of the Judge on the credibility of defence witnesses, to win your case.

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Of kidnapping, abduction, slavery and forced labour

IPC 359. Kidnapping

Kidnapping is of two kinds:– kidnapping from 1[India], and kidnapping from lawful guardianship

IPC 360. Kidnapping from India

Whoever conveys any person beyond the limits of India without the consent of that person

or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from 1[India].

IPC 361. Kidnapping from lawful guardianship

Whoever takes or entices any minor under [sixteen] years of age if a male, or under

[eighteen] years of age if a female; is said to kidnap such minor.

E.g. : under [sixteen] years : Means not 16 years old. Can be less than 16 years = 15 years 364days 23 hrs is also minor.

Legal Terms Entices Means - tempted or tempting or attracting

THE HINDU MARRIAGE ACT, 1955

Sec 5. Condition for a Hindu Marriage:-

Sub sec (iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage.

E.g if the Boy is 20 yrs & the girl is 18 years, here kidnapping cannot be registered. But Marriage is illegal under hindu marriage act.

E.g can the police go to the place of stay and arrest the Boy?

You can file FIR Only in Criminal offences & only on Cognizable.

Legal Term: Cognizable offence means:

Police can arrest without any warrant is a cognizable warrant.

THE MAJORITY ACT, 1875 :-

Sec 3. Age of majority of persons domiciled in India. —

Sub sec. (1)Every person domiciled in India shall

attain the age of majority on his completing the age of eighteen years and not before.

Sub sec. (2) In computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of that day.]

Domiciled : means who made INDIA as home

E.g Age must be told only in the completed days format as per the above law.

CRPC in Schedule 1 : the table provides only the Punishments sessions will be listed.

Other sections will not be given in CRPC.

E.g

IPC 362. Abduction:–

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

E.g Now the parents cannot file a case of kidnapping[when age limit is met], so will file abduction cases on the boy.

IPC 354. Assault or criminal force to woman with intent to outrage her modesty:–

Whoever assaults or uses criminal force to any woman intending to or knowing it to be likely that he will thereby outrage her modesty.

punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

E.g when the person is speaking and no other physical touch, also this

IPC 354A. Sexual Harrassment and punishment for sexual harassment.

A man committing any of the following

Physical contact and advances involving unwelcome and explicit sexual overtures,
A demand or request for sexual favours,
Demand or request of sexual favours,
Showing pronography against the will of a women
Making sexually coloured remarks = making comments on body shape or sexuallity.

E.g When a case is filed the person is arrested on the same day since it's a cognizable offence.

If any of the above four is not committed then no sexual harassment can be made.

E.g a person undresses before a woman, does not do any other contact. Does this comes in to sexual harassment ?

Can be booked under IPC 345A(1).

IPC 354B : Assault or use of criminal force to women with intent to disrobe:-

Uses criminal force with the intention of disrobing.

IPC 354C : Voyeurism: any man who watches or captures the image of a woman engaging in a private act.

Disseminates means = spreading.

Here Voyeurism

Explanation 2 : Where the victim consents to the capture of the images or any act, but not their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.

IPC 354D : Stalking :-

354D Sec (1) Any man who

Sub sec 1. Follows a woman and contacts, or attempts to contact, despite a clear indication of disinterest.

Sub sec 2. Monitors the use by a women of the internet, email or any other form of electronic medium

Exception in sub sec 2 : Police or detection of crime or pursued under law

354D Sec (2) whoever commits the offence of stalking

Homework : Can male doctor junior file 354 against senior Female doctor.

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30 Jul Thursday

Daily One Legal Word :

Ab initio

It is a Latin term meaning "from the beginning"

Daily One Advocacy Rule :

Win Cases rather than Winning Money

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Of offences affecting the Human Body

Of offences affecting Life

IPC 299 Culpable homicide:–

Whoever causes death by doing an act with the intention of causing death,

Culpable Homicide Means the person must die then only this section applies.

“A person killing another person is Culpable homicide”

IPC 300. Murder

Firstly:–

Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or

*-Firstly:– Except in the cases hereinafter excepted = means there are some exceptions in this sec

*-hereinafter excepted = here in this section after this concept there are some exceptions.

*-intention = mens rea

“All murders are culpable homicides, but all culpable homicides are not murders.”

Secondly:–

If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or

E.g cutting the wrist with a cut and leaving the person in an unconscious state to die. Intention was to cause bodily injury to cause death.

Thirdly:–

If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or,

E.g giving slow poison and in the course of nature the person will die

Fourthly:–

If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Exception 1:–

When culpable homicide is not murder:- Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

The above exception is subject to the following provisos:

Firstly:–

That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person

E.g when friends are drinking tea within friends and some heated argument A- takes a knife from the shop and kills B who spoke in filthy language about their parents.

Here this is culpable homicide, but not murder since he was provoked.

not sought or voluntarily provoked = E.g already having planned to kill the person, Z knows that X is short tempered and will use filthy language. Now Z starts voluntarily provoking X. Now “X” started to use filthy language. Now Z kills “X”. but after investigation it is found that provocation was preplanned.

Secondly:–

That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.

E.g When a police person comes to arrest, but Z kills the police officer. Here it is murder no exception

Thirdly:–

That the provocation is not given by anything done in the lawful exercise of the right of private defence.

E.g If the opposite person is using the Right of private defence, and you killed that person - no exception.

Explanation:–

Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Exception 2:–

Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the powers given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

E.g if the person is exercising the RPD - Right of Private defence.

Anil and I were at T-shop, when a fight argument both started hitting each other. Anil saw me taking a stone there. ANil has to save himself - escape or stop my hand. Now he took the knife and killed me.

If the stone is small stone, = there he as crossed his limits of law

Still in the right of private defence, without any intention of doing more harm.

Illustration:-

Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can, by no other means, prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.

Here - Z persists in the assault, rather than stopping. Now A shoots in exercising the RPD.

“When there is no mens rea, law given exception to the offender”

“In the whole law offences are defined in the IPC”

Exception 3:–

Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.

Exception 4:–

Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner.

Undue advantage means there is no criminal intention

Explanation:–

It is immaterial in such cases which party offers the provocation or commits the first assault.

Exception 5:–

Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

Illustration

A, by instigation, voluntarily causes Z, a person under eighteen years of age, to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.

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July 31

Daily One Legal Word :

Actionable per se

Literal meaning- "The very act is punishable and no proof of damage is required".

It means - Actions that do not require the allegations or proof of additional facts to constitute a cause of action. Such a tort is actionable simply because it happened. In such actions, the plaintiff does not have to prove that he suffered any damages in order to have a cause of action. Tort claims normally require proof of damages. If you haven’t suffered any loss, you have no claim. A tort that is actionable per se does not require proof of damages to be actionable; such a tort is actionable simply because it happened. Of course, if you are unable to show that you have suffered any loss, the damages you recover are unlikely to be significant.

Daily One Advocacy Rule :

Never feel shy to Learn the basic work & procedure from a Bench Clerk

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3 Aug

Under Sec 3 ,4 & 5 -

Punishment of offences committed beyond, but which by law may be tried within India:–

Process Steps involved for a Trial

Step 1 offence committed

Step 2 Complaint or FIR - 154 CRPC

Step 3 Enquiry

Step 4 investigation

Step 5 Charge sheet : filed by police

Step 6 Framing Charges : Judge will frame the charges

Step 7 If there is a case then trial starts or case is dismissed.

The complete procedure which happens within the court is called Trial

IPC 294. Obscene act and songs:–

Whoever, to the annoyance of others,

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene songs, ballad or words, in

or near any public place,

IPC 503. Criminal intimidation:–

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm

to that person, or to cause that person to do any act which he is not

legally bound to do, or to omit to do any act which that person is legally

entitled to do, as the means of avoiding the execution of such threat,

commits criminal intimidation.

Explanation:–

A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.

Interested person means -

there is some concept relationship with the person. If any happens to that person then it must show an impact on your emotions.

House trespass

IPC 448. Punishment for house-trespass:–

Whoever commits house trespass

shall be punished with imprisonment of either description for a

term which may extend to one year, or with fine which may extend to

one thousand rupees, or with both.

E.g Case filed : when CAR parked outside the Lawyer's house.

Has filed cases under 294 (b), 503 & 448

Of cruelty by Husband or relatives of Husband

IPC 498-A. Husband or relative of husband of a woman subjecting her to cruelty:–

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

CRPC INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CRPC 154. Information in cognizable cases:–

(1) Every information relating to the commission of cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government

may prescribe on this behalf.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned, who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge

of the police station in relation to that offence.

CRPC 2. Definitions:–

(c) “cognizable offence”

means an offence for which, and “cognizable case” means a case in which a police officer may,

in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;

CRPC 155. Information as to non-cognizable cases and investigation of such cases:–

(1) When information is given to an officer-in-charge

of a police station of the commission within the limits of such station of

a non-cognizable offence, he shall enter or cause to be entered the

substance of the information in a book to be kept by such officer, in

such form as the State Government may prescribe in this behalf, and refer

the informant to the Magistrate.

E.g The complaint will be noted in the police book. No FIR will be filed for a Non-Cognizable case.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

Delay in lodging FIR :-

FIR is not evidence.

CRPC 320. Compounding of offences:–

(1) The offences punishable under the Sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the

persons mentioned in the third column of that Table:

E.g under certain section you can withdraw the cases

Theft - 379 - The owner of the property

IPC 497. Adultery:–

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, in guilty of the offence of adultery,

and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such a case the wife shall not be punishable as an abettor.

Here “person” means women

Abettor = Sec IPC 108

The woman's name cannot be listed in the complaint, or not even called for. Only the case is between the Husband and the offender.

Legal Terms:

Rules of Shyness is not applied to Advocacy & medicine

Rules of Gender s not applied to Advocacy & medicine

After commiting the ACT - CRPC & evidence comes to play

Before committing the ACT - IPC will come to play

After 2018 supreme court judgement 497 is removed

IPC 441. Criminal trespass:–

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,

or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

having lawfully entered into or upon such property =

E.g person came to repair the washing machine[he has entered lawfully], once he has completed the work and received the payment. But he did not leave the premises and was still there. Now his intention is to commit murder or theft.

Here you have legally entered but unlawfully stayed

Definition is only Criminal Trespass and offence is called House trespass.

IPC 442. House-trespass:–

Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”.

Dwelling- means place of stay

Explanation:–

The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass.

IPC 443. Lurking house-trespass:–

Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent

or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.

IPC 444. Lurking house-trespass by night:–

Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit ”lurking house-trespass by night”.

IPC 445. House-breaking:–

A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described;

or if, being

in the house or any part of it for the purpose of committing an offence,or having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say.

First para = he enters house in any of 6 ways

Second para = after committing offence now tries to leave the house in any of 6 ways

Firstly:–

If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass,.

E.g Abettor : means helping Crime

4 -Aug-

Secondly:–

If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance, or through any passage to which he has obtained access by scaling or climbing over any wall or building,

E.g any passage not intended by any person = means when you are not entering or leaving the house through the door. Like jumping or climbing the wall.

Thirdly:–

If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened,

Fourthly:–

If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Till the Fourthly the owner of the house doesn't knows that someone has entered

Fifthly:–

If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

In Fifthly the owner is aware of

Sixthly:–

If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

E.g have been fastened = means that any fence or barricade is used to secure

Explanation:–

Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.

Illustrations

(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking.

(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.

IPC 446. House-breaking by night:–

Whoever commits house-breaking

after sunset and before sunrise, is said to commit “house-breaking by

night”.

IPC 447. Punishment for criminal trespass:–

Whoever commits criminal

trespass shall be punished with imprisonment of either description for a

term which may extend to three months, or with fine which may extend

to five hundred rupees, or with both.

IPC 448. Punishment for house-trespass:–

Whoever commits house trespass

shall be punished with imprisonment of either description for a

term which may extend to one year, or with fine which may extend to

one thousand rupees, or with both.

IPC 449. House-trespass in order to commit offence punishable with death:–

Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.

IPC 450. House-trespass in order to commit offence punishable with imprisonment for life:– Whoever commits house-trespass in order to

the committing of any offence punishable with 1[imprisonment for life], shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

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4 Aug

Daily One Legal Word :

Actio personalis moritur cum persona

It means - A personal right of action dies with the person. In other sense, if he dies the right to sue is gone.

Some legal causes of action can survive the death of the claimant or plaintiff, for example actions founded in contract law. However, some actions are personal to the plaintiff, defamation of character being one notable example. Therefore, such an action, where it relates to the private character of the plaintiff, comes to an end on his death, whereas an action for the publication of a false and malicious statement which causes damage to the plaintiff's personal estate will survive to the benefit of his or her personal representatives.

The principle also exists to protect the estate and executors from liability for strictly personal acts of the deceased, such as charges for fraud.

Daily One Advocacy Rule :

Learn Drafting

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IPC 303. Punishment for murder by life convict:–

Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.

Lawful homicides = Judge giving death punishment

IPC 304. Punishment for culpable homicide not amounting to murder:–

In Murder culpable homicide has to happen - i.e. person must be dead.

IPC 304-A. Causing death by negligence:–

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC 304-B. Dowry death:–

(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

occurs otherwise than under normal circumstances

seven years of her marriage

Harassment in connection with, any demand for dowry

Explanation:–

For the purposes of this sub-section, “dowry” shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

E.g occurs otherwise than under normal circumstances, meaning when the wife on her birthday goes to her parents home and the next day hangs herself. This is unnatural death.

E.g she never eats Pizza, after eating Pizza she died. Her Parents complain that her daughter doesn't like or hate Pizza

E.g wife doesn't want to have kids:[movie actress] there was fight everyday she committed suicide within 7 years of marriage. This is not harassment of dowry

E.g New business requires 10 lakh to start. Wife is asked to get it from her father. After a week the wife dies.

(2) Whoever commits dowry death shall be punished with imprisonment

for a term which shall not be less than seven years but which may extend

to imprisonment for life.

IPC 305. Abetment of suicide of child or insane person:–

If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

delirious person = not able to think rationally - when person is sick

Abetment = helping or instigating

IPC 306. Abetment of suicide:–

If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Difference b/w 305 & 306 :

305 is for all adults & sound person.

306 is for Minor & unsound mind.

IPC 307. Attempt to murder:–

Whoever does any act with such intention

or knowledge, and under such circumstances that, if he by that act caused

death, he would be guilty of murder, shall be punished with imprisonment

of either description for a term which may extend to ten years, and shall

also be liable to fine,

and if hurt is caused to any person by such act,

the offender shall be liable either to imprisonment for life, or to such

punishment as is hereinbefore mentioned.

IPC 308. Attempt to commit culpable homicide:–

Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both;

and if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

IPC 309. Attempt to commit suicide:–

Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

E.g her why punishment for attempt is to keep under supervision

IPC 310. Thug:–

Whoever, at any time after the passing of this Act, shall have been habitually associated with any other or others for the purpose of committing robbery or child stealing by means of or accompanied with murder, is a thug.

Of hurt

IPC 319. Hurt:–

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

E.g. disease = wantedly spreading or injecting to others. Having intention to spread.

Infirmity = making the body to lose it capacity

IPC 320. Grievous hurt:–

The following kinds of hurt only are designated

as “grievous”.

Firstly:– Emasculation.

Emasculation = making male to lose the maleness

Secondly:–

Permanent privation of the sight of either eye.

Thirdly:–

Permanent privation of the hearing of either ear.

Fourthly:–

Privation of any member or joint.

E.g making - losing human hand or parts

Fifthly:–

Destruction or permanent impairing of the powers of any

member or joint.

Sixthly:–

Permanent disfiguration of the head or face.

Seventhly:–

Fracture or dislocation of a bone or tooth.

Eighthly:–

Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain or unable to follow his ordinary pursuits.

IPC 321. Voluntarily causing hurt:–

Whoever does any act with the

intention of thereby causing hurt to any person, or with the knowledge

that he is likely thereby to cause hurt to any person, and does thereby

cause hurt to any person, is said “voluntarily to cause hurt”.

IPC 323. Punishment for voluntarily causing hurt:–

Whoever, except in the case provided for by Section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

IPC 334. Voluntarily causing hurt on provocation:–

Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

IPC 324. Voluntarily causing hurt by dangerous weapons or means:–

shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both

any instrument for shooting, stabbing or cutting,

or any instrument which, used as a weapon of offence, is likely to cause death,

or by means of fire or any heated substance,

or by means of any poison or any corrosive substance, or by means of any explosive substance

or by means of any substance which it is deleterious to the human body to inhale, to swallow,

or to receive into the blood,

or by means of any animal

IPC 326. Voluntarily causing grievous hurt by dangerous weapons or means:–

except in the case provided for by Section 335.

shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

IPC 336. Act endangering life or personal safety of others:–

Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees or with both.

IPC 337. Causing hurt by act endangering life or personal safety of others:–

Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

IPC 338. Causing grievous hurt by act endangering life or personal safety of others:–

CHAPTER XIV :

Of offences affecting the Public Health, Safety,Convenience, Decency and Morals

IPC 268. Public nuisance:–

A person is guilty of a public nuisance, who does any act or is guilty of an illegal omission, which causes any common injury,

danger or

annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

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5 Aug

Daily One Legal Word :

Actori incumbit onus probandi

It means - "The burden of proof is on the plaintiff".

As per this maxim, a plaintiff to a legal action must prove his or her case to win the lawsuit against the defendant. The plaintiff is obliged to submit to the court all the proofs and evidence he/she has got against the defendant to justify their claims. In other terms, the claimant bears the burden of proof, who has to prove the aspects of their claim.

A mere filing of a case is not enough to win a case, but also the person has to support their allegations with strong evidence to convince the court about the obligations of the defendant. In criminal proceedings, the burden of proof lies on the prosecutor. The scope and the subject-matter of ‘burden of proof’ could include the issues related to ‘evidence’ as well as ‘pleadings.’

Daily One Advocacy Rule :

Time Punctuality at Court & Client must be followed very strictly by an Advocate.

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Of offences relating to Marriage

IPC 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage:–

Every man who, by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

E.g Deceit means cheating.

IPC 494. Marrying again during lifetime of husband or wife:–

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception:–

This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,

E.g wife is asking the court that her husband has cheated, to make the marriage Null & VOID.

Court pronouses the Marriage Null & VOID

Now Husband remarries and

Exception:– nor

Nor to any person who contracts a marriage during the life of a former husband or wife., if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage

E.g - When Sridevi married and her husband moved to Australia, then for seven years there was no whereabouts or being alive. Then from the last contact and completion of Seven years, Sridevi can remarry on account of this IPC exception and marriage will be legal and won't become VOID.

IPC 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted:–

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

IPC 496. Marriage ceremony fraudulently gone through without lawful marriage:–

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

E.g Raj marries sridevi in secret marriage in a temple, he just ties thali and informs that no costumes are required like - yagam or garlan exchanges.

Now after 6 months Raj goes missing and Sridevi finds Raj marrying another woman.

Now sridevi files a complaint under this section 496.

Raj has a fraudulent intention not to do any custom ceremony, so that he can escape from natural hindu marriage customs.

IPC 498. Enticing or taking away or detaining with criminal intent a married woman:–

Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

E.g Raj marries his daughter to kamal and now after one year takes away the daughter and married to another person vikram

Of cruelty by Husband or relatives of Husband

IPC 498-A. Husband or relative of husband of a woman subjecting her to cruelty:–

Explanation:–

For the purposes of this section, “cruelty” means–

(a)

any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health- (whether mental or physical) of the woman;

E.g. health- (whether mental or physical) :- locking the wife inside the room for three months, without any contact to the outside world.

(b)

harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Persuade means =(an unwilling person) to do something by using force or threats.

Of Defamation

IPC 499. Defamation:–

Whoever, by words, either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

E.g IPC 11. “Person”:– The word “person” includes any company or Association or body of persons, whether incorporated or not.

Explanation 1:–

It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2:–

It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3:–

An imputation in the form of an alternative or expressed ironically, may amount to defamation.

E.g ironically = bullying

Explanation 4:–

No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others,

lowers the moral or intellectual character of that person, or

lowers the character of that person in respect of his caste or of his calling, or

lowers the credit of that person, or

causes it to be believed that the body of that person is in a loathsome state, or

in a state generally considered as disgraceful.

First Exception – Imputation of truth which public good requires to be made or published:–

It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

Second Exception – Public conduct of public servants:–

It is not defamation to express in good faith any opinion whatever respecting

the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

Third Exception – Conduct of any person touching any public Question:–

It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.

Fourth Exception – Publication of reports of proceedings of Courts:–

It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

Explanation:–

A Justice of the Peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.

Fifth Exception – Merits of a case decided in Court or conduct of witnesses and others concerned:–

It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.

E.g = not agreeing with the judgement is excepted but making comments like - judge is corrupted or doesn't know law or biases or not fit for job of these are not excepted

Sixth Exception – Merits of public performance:–

It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

Explanation:–

A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.

Illustrations

(a) A person who publishes a book, submits that book to the judgment

of the public.

Seventh Exception – Censure passed in good faith by person having lawful authority over another:–

It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

Censure Meaning = scolding,

Illustration

A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders ; a parent censuring in good faith a child in the presence of other children ; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service ; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier-are within this exception.

Eighth Exception – Accusation preferred in good faith to authorised person:–

It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.

Illustration

If A in good faith accuses Z before a Magistrate ; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, child to Z’s father-A is within this exception.

Ninth Exception – Imputation made in good faith by person for protection of his or other’s interests:–

It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.

Illustrations

(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.

Tenth Exception – Caution intended for good of person to whom conveyed or for public good:–

It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

IPC 500. Punishment for defamation:–

Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

IPC 159. Affray:–

When two or more persons, by fighting in a public

place, disturb the public peace, they are said to “commit an affray”.

IPC 160. Punishment for committing affray:–

Whoever commits an

affray, shall be punished with imprisonment of either description for a term

which may extend to one month, or with fine which may extend to one

hundred rupees, or with both.

Legal Terms :FIR :

What sections are written in the FIR, need not be the same in the charge sheet, there can be more other sections which are not mentioned in FIR.

Now the judge is the only one who will be framing the sections to be removed or stay in the charge sheet.

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6 Aug

Daily One Legal Word :

Ad hoc

It means - for a particular purpose as necessary.

Ad hoc is a word that originally comes from Latin and means “for this” or "for this situation."

An ad hoc activity or organization is done or formed only because a situation has made it necessary and is not planned in advance.

Examples to understand:

1) The Council meets on an ad hoc basis to discuss problems.

2) If you call an ad hoc meeting of your employees, it means the meeting was formed for one particular reason.

Daily One Advocacy Rule :

An advocate shall never explain the Sections and Provisions of law to his client.

An advocate must only assure him the Law but not to give knowledge of law.

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10 Aug

Daily One Legal Word :

Alibi - means at another place, elsewhere

An alibi (a Latin word, meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where he or she was at the time a particular offence was committed, which is somewhere other than where the crime took place. During a police investigation, all possible suspects are usually asked to provide details of their whereabouts during the relevant time period, which where possible would usually be confirmed by other persons or in other ways (such as by checking phone records, or credit card receipts, use of CCTV, etc.).

During a criminal trial, an alibi is a defense raised by the accused as proof that they could not have committed the crime because they were in some other place at the time the alleged offense was committed.

The Criminal Law Procedure states: "Alibi is different from all of the other defenses; it is based upon the premise that the defendant is truly innocent."

Daily One Advocacy Rule :

Advocate must have a daily habit of reading recent famous judgements of the Supreme Court, High Courts.

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The Gazette of INDIA

The Gazette means “Raja Pattra”

It is believed in Indian Law that every person would have reached them.

THE JAMMU AND KASHMIR REORGANISATION ACT, 2019

IPC 375. Rape:–

A man is said to commit “rape” if he—

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

E.g : manipulates any part of the body : means making to hold the private part of Men. manipulates to pose in a position like b/w thighs.

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,

under the circumstances falling under any of the following seven descriptions:—

Firstly:– Against her will.

Secondly:– Without her consent.

Thirdly:–

With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly:–

With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly:–

With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly:–

With or without her consent, when she is under Eighteen years of age.

Seventhly.—When she is unable to communicate consent.

Explanation 1.—

For the purposes of this section, “vagina” shall also include labia majora

Explanation 2.—

Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

E.g here the woman has to resist the penetration, doesn't mean she has provided her consent.

Exception 1.—

A medical procedure or intervention shall not constitute rape.

Exception 2.—

Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

IPC 376. Punishment for rape.—

(1) Whoever,

except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which 1[shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine].

(2) Whoever,—

(a) being a police officer, commits rape—

(i) within the limits of the police station to which such police officer is appointed; or

(ii) in the premises of any station house; or

(iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or

(b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or

(c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or

(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or

(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman knowing her to be pregnant

(j) commits rape, on a woman incapable of giving consent; or

(k) being in a position of control or dominance over a woman, commits rape on such woman; or

(l) commits rape on a woman suffering from mental or physical disability; or

(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

(n) commits rape repeatedly on the same woman,

shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

Subsection (2) from “(a) to (n)”

which shall mean imprisonment for the remainder of that person's natural life :Means : until his natural death.

Explanation.—For the purposes of this sub-section,—

Police Act, 1861 (5 of 1861);

(3) Whoever,

commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the victim.]

IPC 376A. Punishment for causing death or resulting in persistent vegetative state of victim.—

shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.

IPC 376AB. Punishment for rape on woman under twelve years of age.—

for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

IPC 376B. Sexual intercourse by husband upon his wife during separation.—

Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

IPC 376C. Sexual intercourse by a person in authority

(a) in a position of authority or in a fiduciary relationship; or

(b) a public servant; or

(c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; or

(d) on the management of a hospital or being on the staff of a hospital,

abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him,

such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.

IPC 376D. Gang rape.—

Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine:

IPC 376DA. Punishment for gang rape on woman under sixteen years of age.—

Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention

shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine:

IPC 376DB. Punishment for gang rape on woman under twelve years of age

shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death

IPC 376E. Punishment for repeat offenders.—

Whoever has been previously convicted of an offence punishable under section 376 or section 376A or 1[section 376AB or section 376D or section 376DA or section 376DB,] and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death.

Of Unnatural Offences

IPC 377. Unnatural offences.—

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

Discharge:

If the Judge finds that there is no proper ground to charge this person, hence DIscharging the person. And will leave the same day without any trial.

Acquittal:

When the Judge is reading the cases and frame is charged. Now the trial is started and after the trials and found there is no proper evidence, hence the Judge will pronounce Acquittal.

Conviction:

If there is evidence of proof of offence then the Judge will Pronounce Conviction or convicted

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11 Aug

Daily One Legal Word :

Amicus Curiae

– A friend of the Court or member of the Bar who is appointed to assist the Court.

An Amicus Curiae is someone who is not a party to a case who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an amicus brief lies within the discretion of the court.

Daily One Advocacy Rule :

Be a junior only to a Senior Advocate who deals with plenty of cases.

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IPC 53. Punishments.—

The punishments to which offenders are liable under the provisions of this Code are—

First.—Death;

2[Secondly.—Imprisonment for life;]

3* * * * *

Fourthly.—Imprisonment, which is of two descriptions, namely:—

(1) Rigorous, that is, with hard labour;

(2) Simple;

Fifthly.—Forfeiture of property;

Sixthly.—Fine.

IPC 54. Commutation of sentence of death.—

In every case in which sentence of death shall have been passed, 6[the appropriate Government] may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.

E.g Commutation of sentence = means reducing the death sentence.

IPC 55. Commutation of sentence of imprisonment for life.—

In every case in which sentence of 7[imprisonment] for life shall have been passed, 8[the appropriate Government] may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

E.g this is only for the sentence of “imprisonment for life” alone not for “imprisonment for lie person's natural life”

IPC 55A. Definition of “appropriate Government”.—

In sections fifty-four and fifty-five the expression “appropriate Government” means,—

(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and

(b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.

E.g : Union territory means - Central gov

57. Fractions of terms of punishment.—

In calculating fractions of terms of punishment, 2[imprisonment] for life shall be reckoned as equivalent to2[imprisonment] for twenty years.

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

IPC 463. Forgery.—

Whoever makes any false document or false electronic record or part of a document or electronic record,

with intent to cause damage or injury, to the public or to any person, or

to support any claim or title, or

to cause any person to part with property, or

to enter into any express or implied contract, or

with intent to commit fraud or that fraud may be committed,

commits forgery.

E.g part of a document or electronic record, Means just changing some details in the documents. Like [account number or name or address ]

E.g if you are creating documents and keeping as hobby and not using these for no other purpose cannot be called as Forgery

IPC 464. Making a false document.—

A person is said to make a false document or false electronic record—

First.—Who dishonestly or fraudulently—

(a) makes, signs, seals or executes a document or part of a document;

(b) makes or transmits any electronic record or part of any electronic record;

(d) makes any mark denoting the execution of a document or the authenticity of the 4[electronic signature],

with the intention of causing it to be believed that such document or part of document, electronic record or 4[electronic signature] was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, singed, sealed, executed or affixed; or

Secondly.—

Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with 4[electronic signature] either by himself or by any other person, whether such person be living or dead at the time of such alteration; or

Thirdly.—

Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his 4[electronic signature] on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.

IPC 465. Punishment for forgery.—

Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC 146. Rioting.—

Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Discretion power of the Judge

IPC 171D. Personation at elections.—

Whoever at an election applies for a voting paper on votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election.

E.g when a false identity is used to vote, this section is used.

IPC 171F. Punishment for undue influence or personation at an election

IPC 255. Counterfeiting Government stamp.—

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue shall be punished with 2[imprisonment for life] or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation.—A person commits this offence who counterfeits by causing a genuine stamps of one denomination to appear like a genuine stamp of a different denomination.

Of Criminal Misappropriation of Property

IPC 403. Dishonest misappropriation of property.—

Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustrations

(a) A takes property belonging to Z out of Z's possession, in good faith believing at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

IPC 405. Criminal breach of trust.—

Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”.

E.g dishonestly misappropriates : wrongful loss and wrongful gain

Of the Receiving of Stolen Property

IPC 410. Stolen property.—

Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as “stolen property”, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

IPC 411. Dishonestly receiving stolen property.—

Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Of Cheating

IPC 415. Cheating.—

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Explanation.—

A dishonest concealment of facts is a deception within the meaning of this section.

Illustrations

(a) “A”, by falsely pretending to be in the Civil Service, intentionally deceives “Z”, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. “A” cheats.

E.g here even if the product is not delivered, just intent to deceive is enough.

(b) “A”, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. “A” cheats.

IPC 417. Punishment for cheating.—

Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

IPC 420. Cheating and dishonestly inducing delivery of property.—

Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

E.g induces means = making in to doing the act

E.g Here one must deliver the property.

IPC 509. Word, gesture or act intended to insult the modesty of a woman.—

Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, [shall be punished with simple imprisonment for a term which may extend to three years, and also with fine].

IPC 510. Misconduct in public by a drunken person.—

Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.

CHAPTER XXIII

OF ATTEMPTS TO COMMIT OFFENCES

IPC 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.—

Whoever attempts to commit an offence punishable by this Code

with imprisonment for life or imprisonment, or

to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one- half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

E.g when a thief tries to steal a purse and fails to do the act - now half of the maximum punishment will be given.

E.g When there is no provision for “the Attempt to commit an act” this will imply- means where there is no section describing an attempt the above punishment will be used as scale.

Illustrations

(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

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12 Aug

Daily One Legal Word :

Ante Litem Motam

Literal meaning – Before suit brought, or before controversy instituted, or spoken before a lawsuit is brought.

Ante litem motam means spoken before a lawsuit is brought. It may refer to a prior motive to distort the truth before the lawsuit was filed. For example, the common law hearsay exception for statements of pedigree required that the declaration have been made ante litem motam, and that the declarant be a member of the family about which his statement was made. Some modern evidence law liberalizes the common law rule by eliminating the ante litem motam requirement as being relevant to weight rather than admissibility, and by extending the exception to statements made by non-family members who have been "intimately associated" with the family.

Daily One Advocacy Rule :

No person knows that you are an advocate with good ability, until you advertise yourself in the Society. Do ADVERTISE.

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IPC Revision of IPC

IPC 30. “Valuable security”.—

The words “valuable security” denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

Illustration

A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the unlawful holder of it, the endorsement is a “valuable security”.

IPC 29. “Document”.—

The word “document” denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

IPC 31. “A will”.—

The words “a will” denote any testamentary document.

IPC 40. “Offence”

The word “offence” denotes a thing made punishable by this Code.

CHAPTER VI

OF OFFENCES AGAINSTTHE STATE

IPC 121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.—

Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.

IPC 124A. Sedition.—

Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with 16[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

E.g means = creating Hatred against the government

IPC 153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—

IPC 166. Public servant disobeying law, with intent to cause injury to any person.—

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

ILLustration

A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.

CHAPTER X

OF CONTEMPT OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

Here in Chapter 10 : when a public servant is stopped from performing their duty

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

IPC 193. Punishment for false evidence.—

Whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

201. Causing disappearance of evidence of offence, or giving false information to screen offender.—

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false,

E.g intention of screening = means, protecting the offender.

E.g When a tea shop owner has seen the murder and the offender has paid the tea shop owner 10Lakh

if a capital offence

if punishable with imprisonment for life.

if punishable with less than ten years’ imprisonment

CHAPTER XII

OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

IPC 231. Counterfeiting coin.—

Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

Weight and measure department officer

Find the difference chapter 14 and chapter 8

CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

CHAPTER XV

OF OFFENCES RELATING TO RELIGION

CHAPTER XVI

OF OFFENCES AFFECTING THE HUMAN BODY

Of offences affecting life

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

Of Theft

Of Mischief

IPC 425. Mischief.—

Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

Explanation 1.—

It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.

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Legal Terms:

Why to join as the Junior: Procedure to move forward will be learnt. 2 to 3 years will make you understand different scope of cases.

If you want to argue the case
Which court it has to file
Are the Civil cases has to be directly

Two books :

Civil rules of practise.
Criminal rules of practise.

Bare Acts :

They can print Only government provided information and format.

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13 Aug

Daily One Legal Word :

Assentio mentium

– It means, the meeting of minds or mutual assent expressed or implied by both the parties to the contract.

Consensus-ad-idem is a synonym to Assentio mentium

Daily One Advocacy Rule :

Attend the Court even on the days, when you don't have the case to argue.

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THE CODE OF CRIMINAL PROCEDURE, 1973

CHAPTER I :PRELIMINARY

CHAPTER II : CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CHAPTER III : POWER OF COURTS = who can give what type of judgements

E.g if there is a murder, all the basic enquire is done by

CHAPTER IV

A.–POWERS OF SUPERIOR OFFICERS OF POLICE

B.–AID TO THE MAGISTRATES AND THE POLICE

CHAPTER V

ARREST OF PERSONS

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.–Summons to produce

CHAPTER VIIA

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR

ATTACHMENT AND FORFEITURE OF PROPERTY

CHAPTER IX

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CHAPTER X

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

CRPC 2. Definitions.—

(a) “bailable offence”

means an offence which is shown as bailable in the First Schedule, or

which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence;

E.g which is made bailable by any other law for the time being in force : like COVID19, this is not in schedule 1 but to look at COVID19 Act.

(b) “charge”

includes any head of charge when the charge contains more heads than one;

E.g under how many sections charge is booked.

(c) “cognizable offence”

means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

E.g : when a person commits a murder and a police person is present near by and looks at this incident, can arrest the person without warrant.

(L) “non-cognizable offence” [NCO]

means an offence for which, and “non-cognizable case” means a

case in which, a police officer has no authority to arrest without warrant;

(N)Offence means :

broken the law or government has asked not to do that act.

(d) “complaint”

means any allegation made orally or in writing to a Magistrate, with a view to his

taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Allegation = accusing or blaming the other person

Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;

Complainant = the person who makes the complaint.

Legal Terms : Filing a case.

Registering the FIR = register kept for entry

Making the complaint.

(g) “inquiry”

means every inquiry, other than a trial, conducted under this Code by a Magistrate

or Court;

E.g “inquiry” can only be done by Magistrate or Court

Inquiry is before the Trial.

Police asking an accused is interrogation

(h) “investigation”

includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf;

E.g only police officer

(i) “judicial proceeding”

includes any proceeding in the course of which evidence is or may be

legally taken on oath;

(k) “metropolitan area”

means the area declared, or deemed to be declared, under section 8, to be

a metropolitan area;

CRPC 8. Metropolitan areas

(1) The State Government may, by notification, declare that, as from such

date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.

(n) “offence”

means any act or omission made punishable by any law for the time being in force

and includes any act in respect of which a complaint may be made under section 20 of the Cattletrespass

Act, 1871 (1 of 1871);

E.g IN IPC only act is alone there

(o) “officer”

in charge of a police station” includes, when the officer in charge of the police station

is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present;

(q) “pleader”

when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding;

(r) “police report”

means a report forwarded by a police officer to a Magistrate under sub-section (2) of section173;

CRPC 173. Report of police officer on completion of investigation.—

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

E.g when the police officer is delaying, then magistrate can appoint

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate

empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State

Government, stating—

(w) “summons-case”

means a case relating to an offence, and not being a warrant-case;

(x) “warrant-case”

means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

(wa) “victim”

means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or

her guardian or legal heir.

E.g when the husband beats the wife everyday, only her parents or herself = only the interested parties.

Once the offence is committed CRPC comes to force.

CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CRPC 6. Classes of Criminal Courts.—

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

Judicial Magistrates = working Judge

Executive Magistrates= not working as Judge

Court = where the person, plays judicial proceedings or pronounces Judgements

Second class magistrate court

= 730Am to 930 AM = only retired judges = lowest rank of Judge.= works 3 days a week.

First class Magid = Junior civil judge

Next Senior civil judge

APEX court is Supreme Court

Police complaint and Private complaint

Private complaint = from magistrate.

Police complaint = registered FIR.

Sub inspector of police is the lowest Police officer ranks

CHAPTER III

POWER OF COURTS

CRPC 26. Courts by which offences are triable.—

Subject to the other provisions of this Code,—

(a) any offence under the Indian Penal Code (45 of 1860) may be tried by

(i) the High Court, or

(ii) the Court of Session, or

(iii) any other Court by which such offence is shown in the First Schedule to be triable:

1[Provided that any 2[offence under section 376, section 376A, section 376B, section 376C,

section 376D or section 376E of the Indian Penal Code (45 of 1860)] shall be tried as far as

practicable by a Court presided over by a woman.]

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such

law, be tried by such Court and when no Court is so mentioned, may be tried by—

(i) the High Court, or

(ii) any other Court by which such offence is shown in the First Schedule to be triable:

District court is called the Sessions court.

CRPC 27. Jurisdiction in the case of juveniles.—

Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in

force providing for the treatment, training and rehabilitation of youthful offenders.

CRPC 28. Sentences which High Courts and Sessions Judges may pass.—

(1) A High Court

may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge

may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

(3) An Assistant Sessions Judge may pass

any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

E.g any fine can be imposed

CRPC 29. Sentences which Magistrates may pass.—

(1) The Court of a Chief Judicial Magistrate may [CJM] = [CMM]

pass any sentence authorised by law except a sentence of death or of imprisonment for life or of

imprisonment for a term exceeding seven years.

E.g any fine can be imposed

(2) The Court of a Magistrate of the first class may

pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or of both.

(3) The Court of Magistrate of the second class may

pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both.

(4) The Court of a Chief Metropolitan Magistrate shall [CMM] = [CJM]

have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

In IPC the punishment they have provided may extend to 3 three years and in CRPC sec 28 it is provided as not exceeding three years provides the traceability.

Fine limit is only for First class and Second class Magistrate.

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14 Aug

Daily One Legal Word :

Audi alteram partem

– No man shall be condemned unheard.

Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

"Audi alteram partem" is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or his lawyers to confront the witnesses against him, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly.

Daily One Advocacy Rule :

One Single Lie in your argument, if proved by opposition; then benefit of doubts will support the opposite party to win the case.

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Legal terminologies

Imposing the Punishment

Pronouncing the judgement

Sentence of imprisonment

Court difference: Lower court & higher court

If a first class Magistrate wants to give more than 3 years, then it will forward to higher court.

Judges[Sessions court] = Civil cases in general

Magistrate = criminal cases

Lower court judges = First class and Second class Judges,

First class Magistrate will be called as Junior Civil Judge,

Second class Magistrate is called the same name Second class Magistrate

CRPC 30. Sentence of imprisonment in default of fine.—

(1) The Court of a Magistrate may award such

term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term—

(a) is not in excess of the powers of the Magistrate under section 29;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of

imprisonment for the maximum term awardable by the Magistrate under section 29.

E.g when default of fine there will be parallel punishments like 10 yrs will include 5 yrs and 3 yrs, so total 10 yrs

CHAPTER V

ARREST OF PERSONS

CRPC 41. When police may arrest without warrant.—

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

E.g Any Civilian can stop the person who is committing murder.

46. Arrest how made.—

(1) In making an arrest

the police officer or other person making the same shall

actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action:

E.g Police can shoot the person who tries to run away under/below Knees.

(2) If such person

forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section

gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.

E.g when the person has committed murder and police is chasing the murder, as he is escaping then police can shoot him anywhere on the body

(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

CRPC 41. When police may arrest without warrant.—

(1) Any police officer

may without an order from a Magistrate and without a warrant, arrest any person—

E.g Any Civilian can stop the person who is committing murder.

E.g Warrant = asking permission from the magistrate.

E.g Order = Magistrate will give order to arrest.

1 (a) who commits,

in the presence of a police officer, a cognizable offence;

(b) against whom a reasonable complaint has been made,

or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—

E.g a complaint or reason to believe

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured,

and the police officer shall record while making such arrest, his reasons in writing:

2. Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.

(ba) against whom credible information

has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;

Difference b/w B & BA;

B there are three things- reasonable suspicion exists

BA there is only one- credible information & punishable with death

(c) who has been proclaimed

as an offender either under this Code or by order of the State Government;

E,g when veerappan is found in a bus stand, can be arrested without warrant.

(d) in whose possession anything

is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;

(e) who obstructs a police officer

while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;

E.g This is the most misused by police officers. When argument is done with Police, obstruction of doing duty

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union;

E.g the deserted person of the army may carry secrets.

(g) who has been concerned in,

or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India;

(h) who, being a released convict,

commits a breach of any rule made under sub-section (5) of section 356;

CRPC 356. Order for notifying address of previously convicted offender.—

(5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts.

(i) for whose arrest any requisition,

whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

356. Order for notifying address of previously convicted offender.—

(2) Subject to the provisions of section 42,

no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.

CRPC 42. Arrest on refusal to give name and residence

E.g this is the another most misused section by police officers- like not giving name.

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15 Aug

Daily One Legal Word :

Bona fide – In good faith

it signifies honesty, the "real thing" and, in the case of a party claiming title as "bona fide" purchaser or holder, it indicates innocence or lack of knowledge of any fact that would cast doubt on the right to hold title.

Daily One Advocacy Rule :

Compromise is the best and cheapest lawyer

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17 Aug

Daily One Legal Word :

Bona vacantia

- Goods without an owner or “vacant goods”

It is a legal term for the situation in which property is left without any clear owner. The precise handling of such property varies depending on the jurisdiction. In most cases, the property is held by the government, and may be recovered by rightful owners or heirs.

Daily One Advocacy Rule :

An Advocate must imagine himself to be in the situation of his client, to find the best solution.

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CRPC 41A. Notice of appearance before police officer.—

(1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section

(1) of section 41, issue a notice directing the person

against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person,

it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice,

he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

(4) Where such person, at any time, fails to comply with the terms of the notice

or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.

E.g Why the person is not arrested, the person who is not appearing after the notice and has to take orders for a CO- cognizable offence. Because the suitations/ fall doesn't appear in sec 41.

How to identify SI and constable :- Based on the starts/ belt/ cap/ shoulder reel

CRPC 41B. Procedure of arrest and duties of officer making arrest.—Every police officer while making an arrest shall—

(a) bear an accurate, visible and clear identification of his name which will facilitate easy

Identification;

E.g How to identify SI and constable :- Based on the starts/ belt/ cap/ shoulder reel

(b) prepare a memorandum of arrest which shall be—

(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;

E.g. neighbour signs are taken

(ii) countersigned by the person arrested;

E.g sign of the arrested person.

(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.

CRPC 41C. Control room at districts.—

(1) The State Government shall establish a police control room—

(a) in every district; and

(b) at State level.

(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests.

(3) The control room at the Police Headquarters at the State level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public.

CRPC 41D. Right of arrested person to meet an advocate of his choice during interrogation.—

When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

CRPC 42. Arrest on refusal to give name and residence.— “non-cognizable offence refuses”

(1) When any person who,

in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence

of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.

(3) Should the true name and residence

of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

E.g when a person is normally going on the road and a police officer is stopping the name and address. Then the person doesn't have to say. Only when a complaint is made or a NOC is done before him then only he can be arrested.

The police officer has to first say the complaint name and person.

CRPC 43. Arrest by private person and procedure on such arrest.—

(1) Any private person may arrest or

cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station

E.g a common person can arrest - when someone is doing murder and escaping. Can capture and produce before the police station.

(2) If there is reason to believe

that such person comes under the provisions of section 41, a police officer shall re-arrest him.

E.g now the police will follow the procedure to arrest that person brought into the police station.

(3) If there is reason to believe

that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

CRPC 44. Arrest by Magistrate

1) When any offence is committed in the presence of a Magistrate,

Whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

E.g : here there is no mention of NCO or CO offences.

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

CRPC 45. Protection of members of the Armed Forces from arrest

purported to be done by him in the discharge of his official duties

Should take consent of the Central Government

CRPC 47. Search of place entered by person sought to be arrested

First have to get permission from the owner

Police can break any door in search

CRPC 48. Pursuit of offenders into other jurisdictions.—

A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

E.g : when a CO is committed then a police officer can arrest that person anywhere in india

CRPC 49. No unnecessary restraint.—

shall not be subjected to more restraint

CRPC 50. Person arrested to be informed of grounds of arrest and of right to bail.—

1) Every police officer

or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.

(2) Where a police officer

arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

CRPC 50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person.

CRPC 51. Search of arrested person.

CRPC 52. Power to seize offensive weapons.

E.g seize = taken into custody by the police officer

CRPC 53. Examination of accused by medical practitioner at the request of police officer

CRPC 53A. Examination of person accused of rape by medical practitioner

CRPC 54. Examination of arrested person by medical officer

(3) Where an examination is made

under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.

CRPC 54A. Identification of person arrested.—

Must be done with court order.

E.g police may want to verify that the person arrested is the right person.

CRPC 55A. Health and safety of arrested person.—

It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.

CRPC 56. Person arrested to be taken before Magistrate or officer in charge of police station-

A Police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

CRPC 57. Person arrested not to be detained more than twenty-four hours.—

No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.

Detained MEANS

CRPC 167 : Procedure when investigation cannot be completed in twenty-four hours

If the police officer believes within 24 hrs investigation cannot be completed, not more than 15 days.

CRPC 58. Police to report apprehensions.—

Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without

warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

CRPC 59. Discharge of person apprehended.—

No person who has been arrested by a police officer shall be discharged except on

his own bond, or

on bail, or

under the special order of a Magistrate.

CRPC 60. Power, on escape, to pursue and retake.—

1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

(2) The provisions of section 47 shall apply to arrests under sub-section (1) although the person

making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

E.g may immediately pursue and arrest him in any place in India.

CRPC 60A. Arrest to be made strictly according to the Code.—

No arrest shall be made except in accordance with the provisions of this Code or any other law

for the time being in force providing for arrest

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18 Aug

Daily One Legal Word :

Boni judicis est ampliare jurisdictionem

– It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority. This maxim states that it is the duty of the judge to enlarge its jurisdiction. It denotes that a good judge's duty is to develop the remedies of the law.

Daily One Advocacy Rule :

Everything which appears to be true, may not be true.

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CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

A.—Summons

CRPC 61. Form of summons

summons.—Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court...

..and shall bear the seal of the Court

CRPC 62. Summons how served

shall be served by a police officer,

by an officer of the Court

CRPC 64. Service when persons summoned cannot be found.—

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

Explanation.—A servant is not a member of the family within the meaning of this section

CRPC 65. Procedure when service cannot be effected as before provided.—

If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

E.g conspicuous part of the house = most important part of the house = like Gate

E.g why summon is affixed on the wall, so that the neighbours or someone will inform about the summons.

CRPC 66. Service on Government servant.— IPC sec 14

(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

CRPC 69. Service of summons on witness by post.—

(1) Notwithstanding anything contained in the preceding

sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.

(2) When an acknowledgement purporting to be signed by the witness or

an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

Legal terminology / terms

E.g Notwithstanding = means “in spite-off” from sec 61 to 68.

Summons will be served for less serious matters. Serving summons

Warrant is issued to arrest the person. Executing warrant

B.—Warrant of arrest

CRPC 70. Form of warrant of arrest and duration.—

(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.

(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

E.g Warrant = there is no copy issued. The original doc is given.

CRPC 71. Power to direct security to be taken.—

(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

E.g may in its discretion = optional

E.g endorsement on the warrant = signature

E.g and Shall = means must

(2) The endorsement shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

CRPC 74. Warrant directed to police officer.—

A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

CRPC 75. Notification of substance of warrant

Legal terms / terminology

Notification = making to know other person

C.—Proclamation and attachment

CRPC 82. Proclamation for person absconding.

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:—

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

CRPC 83. Attachment of property of person absconding.

CRPC 84. Claims and objections to attachment.

(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment,

CRPC 85. Release, sale and restoration of attached property

CRPC 86. Appeal from order rejecting application for restoration of attached property

Appeal is done in higher court.

Flow 82 - 83 - 84 - 85 & 86

CRPC 167. Procedure when investigation cannot be completed in twenty-four hours.

E.g Investigation is part of Interrogation

1) Whenever any person is arrested and detained in custody,

and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused person is forwarded under this section may,

whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that—

a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence,

and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter.

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

CRPC 91. Summons to produce document or other thing.—

(1) Whenever any Court or any officer in

charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

B.—Search-warrants

CRPC 93. When search-warrant may be issued.—

(1) (a) Where any Court has reason to believe that a

person to whom a summons order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or

(b) where such document or thing is not known to the Court to be in the possession of any person, or

(c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

E.g the person to whom such warrant is directed = like CBI, vigilance

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

District Magistrate = collector

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19 Aug

Inquiry means everything before Trial

In cases of CO - cognizable offence only, police can enter into any place to search and must be recorded.

CRPC 93 is only related to “document” or “thing” only.

C.—General provisions relating to searches

CRPC 100. Persons in charge of closed place to allow search.

(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

Sec 100 is for the documents or thing.

D.—Miscellaneous

CRPC 102. Power of police officer to seize certain property.—

(1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.

E.g CRPC is also under search of documents and things

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.

E.g when a lower officer goes for seizures has to report to higher officers.

(3) Every police officer acting under sub-section

(1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court,

2[or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation,] he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same

CRPC 103. Magistrate may direct search in his presence.—

Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

CRPC 104. Power to impound document, etc., produced.—

Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.

E.g court will take into its custody

CRPC CHAPTER VIII

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

CRPC 106. Security for keeping the peace on conviction.—

(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the

time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.

Legal terms

Conviction means = guilty and punishing

Discharge = there is no grounds to continue the TRAIL[no case at all ]

Acquittal = there is no proper evidence to prove. Hence released.

Executive Magistrate not working inside the court

Sub divisional magistrate = RTO

Divisional Magistrate = Collector

Judicial Magistrate = working in court- judges

CHAPTER IX- CRPC

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CRPC 125. Order for maintenance of wives, children and parents.—

(1)

If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

E.g Minor child (male/Female)

Legal terms / terminology

E.g Minor = 17 yrs + 364 days

Major = 18 yrs = 17 yrs + 365 days

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

E.g Here Major Child & unmarried Daughter,

(d) his father or mother, unable to maintain himself or herself,

E.g = both son & daughter [If any person having sufficient means--]

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Magistrate of the first class= Junior civil judge.

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:

E.g minor girl + married girl- his husband is unemployed - till the girl attains major.

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct

E.g when the case is going on an interim maintenance must be given, the amount is decided by the magistrate.

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

E.g the court expenses are also paid by the opposite party.

Explanation.—For the purposes of this Chapter,—

(a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority;

(b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

E.g unable to maintain means = she doesn't have a job but Their parents or siblings are taking care.

If the wife has an illegal affair and is getting money then she can't get maintenance.

(2)

Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.

E.g from the date of application the maintenance is calculated or date of order

(3)

If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s 4[allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

E.g breach of order, maximum 1 month term or until payment. After one month whatever has to be released

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

E.g : when the maintenance is not paid. So within the period of One year an application in the court to recover the amount then only a warrant will be issued.

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

E.g any grounds of refusal stated by her= like he is harassing her and the court believes it and orders maintenance.

E.g only on two grounds it is exempted = with another woman or keeps a mistress

(4)

No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5)

On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the magistrate shall cancel the order.

E.g after the wife is given a maintenance order, then after a few months proves that the ex-wife is living in adultery then the order is canceled.

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20 Aug

Daily One Legal Word :

Caveat

– A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.

- A notice, especially in a probate, that certain actions may not be taken without informing the person who gave the notice.

Daily One Advocacy Rule:

The Advocate shall never give False hope to the Client.

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Legal terms/ terminology

ROSTER:

A roster is a list which gives details of the order in which different people have to do a particular job.

Cause list and lunch motions

Law means Commonsense

CRPC 126. Procedure.—

(1) Proceedings under section 125 may be taken against any person in any district—

(a) where he is, or

(b) where he or his wife resides, or

E.g 126 says where you can file the maintenance case. [ Junior Civil Judge or First class Magistrate]

(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or,

when his personal attendance is dispensed with, in the presence

of his pleader, and shall be recorded in the manner prescribed for summons-cases:

Warrant cases = punishable with death & more than years

Summon cases = punishable with less than two years

his pleader= appointed by the husband.

Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service,--

--wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and--

E.g the case ex parte = dismissing the other party and proceeding with only one party.

--any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.

E.g if the person comes back within 3 months of the order and with good cause, the “ex parte” will be cancelled. And costs of the opposite party to be paid.

(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.

E.g order as to costs = must have power to decide the cost of maintenance is mentioned in CPC.

CRPC Important sections of CRPC

2 - a, b, c, d, g, h, k, l, n, r, w, wa & x

26,27,28,29,30,31

39, 40

41, 41A, 41B, 41C & 41D; 41 to 54A , 57 [Remand 167]

82, 83, 84, 85

100, 102, 103, 104

106, 107, 108, 109, 110

125, 126, 127, 128

133, 144A

153 154 to 176 [chapter 12]

188 190, 191, 192, 193 & complete chapter 14 read once advisable.

200, 201, 202, 203

205, 206, 209

211, 216, 217, 218, 221, 222, 223, 224

227, 232

238

248 256 & complete chapter 20 read once advisable.

260, 261, 262, 263, 264, 265

265A, 265B & complete chapter 21A read once advisable.

267 272, 273, 274, 275, 276, 281

294, 298, 299

300[double jeopardy], 304, 306, 313, 315, 320, 321, 323

340 353, 354, 355, 357, 357A, 358, 362

372, 374 to 378, 386

395, 396

428, 432, 433

436, 436A, 437, 437A, 438, 439[anticipatory bail]

451, 452, 456 to 459

460, 461, 462, 463

468, 469, 472, 473 & complete chapter 36 read once advisable.

474, 479, 480, 482.

CRPC 480. Practising pleader not to sit as Magistrate in certain Courts.—

No pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.

E.g A advocate who is practising gets selected as Magistrate, will not be posted as magistrate in that court or any other court comes

CRPC 482. Saving of inherent powers of High Court.—

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

E.g : Special powers are giving to high courts, so nothing

E.g to prevent abuse of the process of any Court = means - court time is being wasted and high court finds the abuse it can be closed under powers

CRPC 127. Alteration in allowance.—

(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.

E.g On proof of a change in the circumstances of any person= means when there is change in the situation of the person receiving maintenance or giving.

E.g woman who has been divorced by husband

Has obtained a divorce from husband

(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that—

(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;

(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,—

E.g whenever you get a lump sum amount (one time settlement) is received, the monthly allowance will be cancelled.

(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof.

(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 125,

the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order.

E.g : she received an order for maintenance from first class court under sec CRPC125. She has now filed another case in civil court for recovery of dowry/ one time settlement - court has to take into account the previous received amount and minus the previous received amount.

CRPC 128. Enforcement of order of maintenance.—

A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to 4[whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.

E.g free copy of order must be given to the wife/ parent [no fee has to be collected].

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21 Aug

Daily One Legal Word :

Caveat actor

– Let the doer beware.

Caveat actor means ‘let the doer be on guard.’ This is a common law maxim. Caveat actor is used as a warning that the doer of an action should be beware of his/her act. The burden of the action would be on the doer of the act. The person will have to bear the consequence of the act if not otherwise provided in any agreement.

Daily One Advocacy Rule :

When There Is a Weak Point in Your Case, Don’t Pretend that It Isn’t a Weak Point Admit it, and show the factfinder how you still ought to succeed despite that weakness.

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22 Aug

Daily One Legal Word :

Caveat emptor

– Let the buyer beware

It is a principle that the Buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.

"caveat emptor still applies when you are buying your house"

Daily One Advocacy Rule :

To learn Law of Practice, You have to Spend the Quality time with Retired Judges and Advocates

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24 Aug

Daily One Legal Word :

Certiorari

- A writ or order by which a higher court reviews a case tried in a lower court.

– Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority.

Daily One Advocacy Rule :

Confidentiality is a cornerstone of independent advocacy. It establishes a relationship of trust that enables people to tell their stories and explore the options available to them.

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THE HINDU MARRIAGE ACT, 1955

HMA 2. Application of Act —

(1) This Act applies—

(a) to any person who is a Hindu by religion in any of its forms or developments, including a

Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,

to any person who is a Hindu by religion in any of its forms or developments, including a

Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and

to any person who is a Buddhist, Jaina or Sikh by religion, and

(c)

to any other person domiciled in the territories to which this Act extends who is not a Muslim,

Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been

governed by the Hindu law or by any custom or usage as part of that law in respect of any of the

matters dealt with herein if this Act had not been passed.

to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

E.g Point “C” is important for interview questions.

Explanation.—The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case

may be:—

(a)

any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b)

any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and

E.g if anyone of the parents is Hindu and that child is brought in customs of HINDU then only will be considered as HINDU.

(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.

(2)

Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

E.g this act is not applicable to ST unless notified by the Government.

(3)

The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

E.g : even not a HINDU, but his way of life follows the said ways in this section then hindu marriage act will apply.

HMA 3. Definitions.—In this Act, unless the context otherwise requires,—

(a) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:

E.g Long term = has to be decided by the court.

Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;

E.g Principle of Natural Justice and Doctrine of Public Policy

E.g any meat shops opened opposite of religious places is unreasonable.

E.g any liquor shops not be opened opposite of religious places.

(b) “district court” means,

in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act;

(c) “full blood” and “half blood”—

two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;

E.g half blood = same husband & different wifes.

(d) “uterine blood”—

two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands;

Explanation.—In clauses (c) and (d), “ancestor” includes the father and “ancestress” the mother;

(f)

(i) “sapinda relationship”

with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

(ii) two persons are said to be “sapindas” of each other if one is a lineal ascendant of the

other within the limits of sapinda relationship, or if they have a common lineal ascendant who is

within the limits of sapinda relationship with reference to each of them;

(g) “degrees of prohibited relationship”-

two persons are said to be within the “degrees of prohibited relationship”—

(i) if one is a lineal ascendant of the other; or

(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or

E.g when a mother is divorced and remarried & a Girl child is born. After the death of the mother the new husband can't marry the girl.

(iii) if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or

E.g wife of your own brother , wife of your father’s brother(chitappa) & mother’s brother(Mama), wife of your grandfather’s brother & grandmother’s brother.

(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

E.g Uncle = yours mother’s brother and you (niece)

Aunt = your father’s sister and you (nephew)

Explanation.—For the purposes of clauses (f) and (g), relationship includes—

(i) relationship by half or uterine blood as well as by full blood;

(ii) illegitimate blood relationship as well as legitimate;

(iii) relationship by adoption as well as by blood;

and all terms of relationship in those clauses shall be construed accordingly.

HMA 5. Conditions for a Hindu marriage.—

A marriage may be solemnized between any two Hindus, if

the following conditions are fulfilled, namely:—

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party—

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

E.g the state of being seriously mentally ill; madness

(iii) the bridegroom has completed the age of twenty-one years and the bride, the age

of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

HMA 7. Ceremonies for a Hindu marriage.—

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

E.g : when the bride or groom have different customs, either one of customs is followed then it is valid (solemnized) hindu marriage.

(2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

E.g when the marriage is stopped at the 6the circle, then it is not considered as solemnized.

HMA 8. Registration of Hindu marriages

(4)

The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5)

Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

E.g In this Hindu marriage Act, there is no law mentioned about the requirement of Parents while registering the Marriage.

E.g Anywhere in this law has said Parents signature or consent is required.

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

HMA 9. Restitution of conjugal right.—

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

E.g : when the marriage b/w 25 yrs of boy or girl is done. After 3 months the girl moves to her parents home and denies coming back to her husband's house.

Now the boy can file the restitution of conjugal rights.

Explanation.—Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

HMA 13. Divorce.—

Shortcut to remember the 7 grounds for divorce

Adultery
Religion
Mental
Leprosy
AIDS
Sunayasam
7 years

(1) Any marriage solemnized, whether before or after the commencement of this Act,

may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the

ground that the other party—

(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse;

E.g Adultery.

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

E.g Cruelty : which is going to harm mental health of the person

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

E.g march 1st wife has left and on march 1st 2022 can be filed, when there is no medium(video call) of relationship. (means deserted)

(ii) has ceased to be a Hindu by conversion to another religion;

E.g if the wife has converted into muslim or christen then on this ground divorce can be appllied.

(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation.—In this clause,—

(a) the expression “mental disorder” means mental illness, arrested or incomplete

development of mind, psychopathic disorder or any other disorder or disability of mind and

includes schizophrenia;

(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub—normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or

E,g they will hurt the others

E.g when one threatens about committing sucide to make act meet, will not

(v) has been suffering from venereal disease in a communicable form;

E.g Aids

(vi) has renounced the world by entering any religious order;

E.g Sanyasam

(vii) has not been heard of as being alive for a period of seven years or more by those persons

who would naturally have heard of it, had that party been alive;

(1A) Either party to a marriage

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties;

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

E.g here the court has ordered the girl to live with the husband. But the girl denies to stay and after the one form the order the husband can apply divorce

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,—

(i) before this act came into effect ,

E.g : should not have a married or living spouse.

(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality;

(iii)

E.g here when order is given for monthly maintenance and cohabitation between the parties has not been resumed for one year or upwards.

(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

E.g after attending 15 yrs & before 18 yrs , the girl is fighting not wanting to live in this marriage. On this ground can be applied divorce.

HMA 13A. Alternate relief in divorce proceedings.—

In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in

clauses (ii) = change the religion ,

(vi) = sanyasam

and (vii) = not heard for more than 7 years

of sub-section (1) of section 13,

the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.

HMA 13B. Divorce by mutual consent —

(1) Subject to the provisions of this Act a petition for dissolution

of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

E.g when wanting to withdraw divorce on mutual concern not before 6 months and not more than 18 months.

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25 Aug

Daily One Legal Word :

Corpus delicti

– The facts and circumstances constituting a crime and Concrete evidence of a crime, such as a corpse (dead body).

Also, it refers to the principle that ‘a crime must be proved to have occurred before a person can be convicted of committing that crime.’ (This definition is mostly used in Western Law.)

Daily One Advocacy Rule :

Things said in Law books can be very rarely seen to be followed in the society. An Advocate must go according to the existing society.

HMA 10. Judicial separation.—

1 (1) Either party to a marriage, whether solemnised before or after the

commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section

(2) thereof, as grounds on which a petition for divorce might have been presented.

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

Cohabitation means mere act of physical relationship

Consummation means complete for the purpose of the marriage is fulfilled. Means satisfying once physical needs.

NULLITY OF MARRIAGE AND DIVORCE

HMA 11. Void marriages.—

Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

E.g contravenes means contradiction

E.g when husband comes to know that they are in within the degree of sapinda relationship and wanted

E.g Divorce means Marriage is legally valid

HMA 12. Voidable marriages.—

(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—

E.g If there is a solution to make this as Void then it is called a Voidable situation .

(a) that the marriage has not been consummated owing to the impotence of the respondent; or

E.g Consummated = Natural persons needs is not satisfied or complete

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

E.g : after Marriage came to know about the unsound mind, Insane

Legal terms / terminology

Unsound person doesn't know what the are doing

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent; or

E.g material fact = checking whether boy is having earning or any other

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage—

E.g Notwithstanding means

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if—

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or

E,g within One has to be filed

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

E.g, after the force is ceased then within one year it has to be filed.

E.g Forced Ceased means the years may be (1 or 2 or 5 or 10 yrs)

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied—

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

Legal terms E.g facts alleged means alligation

(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and

E.g after there act is force with in one year has to be filed

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

E.g husband came to know that his wife is pregnant within 1 one and came to know she is pregnant before marriage. From that time onwards he has not had a physical relationship.

HMA 14. No petition for divorce to be presented within one year of marriage.

E.g must exceptions = if proven cruelty and suffering is proved within one year divorce can be applied

HMA 15. Divorced persons when may marry again.—

Wait till the petition is over

HMA 16. Legitimacy of children of void and voidable marriages.—

Kids are legitimate and have rights only to self earned property of parents.

HMA 17. Punishment of bigamy.—

Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), shall apply accordingly.

HMA 18. Punishment for contravention of certain other conditions for a Hindu marriage

E.g if you are opposing the hindu marriage acts, imprisonment of 15 days and fine of 1000 rs

conditions specified in clauses (iii), (iv), and (v) of section 5 shall be punishable

(a) in the case of contravention of the condition specified in clause (iii) of section 5, with

rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both

(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

JURISDICTION AND PROCEDURE

HMA 19. Court to which petition shall be presented.—

Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction:—

HMA 20. Contents and verification of petitions.—

E.g - only the facts must be provided

HMA 21 Application of Act 5 of 1908 :- by the Code of Civil Procedure, 1908.

HMA 22. Proceedings to be in camera and may not be printed or published.—

(1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the court.

E.g all cases with respect to hindu marriage act will happen in private or closed court.

E.g here not allowed to print any proceedings in any media ;

HMA 23. Decree in proceedings.—

E.g Guidelines given to the court how to proceed.

HMA 24. Maintenance pendente lite and expenses of proceedings

Legal terms : pendente lite means = during trial/ litigation

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable.

E.g when either does not have enough money to maintain for the proceedings

Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.

(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.

HMA 25. Permanent alimony and maintenance.—

(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant 4[the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

E.g if claim for maintenance then order the opposite party

Income + property

E.g 125 CRPC : when maintenance is also filed under CRPC and now she is filing under maintenance Hindu marriage act sec 25. Then the amount will be taken into consideration from 125.

(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

HMA 26. Custody of children.— [this sec is directed to the court]

In any proceeding under this Act, the court may, from time to time, pass such interim orders

E.g interim orders = while trial is going on.

E.g Keeping in mind the maintenance of the kids and can have success and healthy life.

E.g when both the parties are wealthy and ready to provide all necessary needs, the court may ask the KIDs preferences.

and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made:

Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

HMA 27. Disposal of property.—[guideline for the court]

In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.

E.g this sections is only related to Gifts received during marriage

E.g when the property is registered on wife names and the same will be divided- but this can be done only with help of Advocate.

HMA 28. Appeals from decrees and orders

(4) Every appeal under this section shall be preferred within a 3[period of ninety days] from the date

of the decree or order.

SAVINGS AND REPEALS

Legal Terms : Savings = means exceptions

HMA 29. Savings.—

(1) A marriage solemnized between Hindus before the commencement of this Act,

which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.

E.g when same gotras are married, then will not be invalid just for the same reason alone.

(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.

E.g this act will not affect any customs.

(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.

E.g This act does not affect any other law.

E.g when a new act is made now and the law will also be taken into account.

(4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, 1954, (43 of 1954) with respect to marriages between Hindus solemnized under that Act, whether before or after the commencement of this Act.

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26 aug

Daily One Legal Word :

Damnum sine injuria - "damages without injury"

- This legal maxim refers to as damages without injury or damages in which there is no infringement of legal right.

Since there is no infringement of legal right so no cause of action arises in the cases of damnum sine injuria.

There is an implied principle in law that there are no remedies for any moral wrong unless and until there is any infringement of legal right. The court may not grant any sort of damages even if the act done by the wrongdoer is intentional.

Daily One Advocacy Rule :

An Advocate shall never trust his Client words. Instead, must apply his mind to the case facts.

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THE CODE OF CRIMINAL PROCEDURE, 1973 [Continuation]

CHAPTER X

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.—Unlawful assemblies

CRPC 129. Dispersal of assembly by use of civil force.

(1) Any Executive Magistrate or officer in charge of a

police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.

Legal Terms

Pronouncing the law is done by Judge

Executive Magistrate

(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the

E.g when the crowd does not disperse, then force can be used

assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.

CRPC 130. Use of armed forces to disperse assembly.—

(1) If any such assembly cannot be otherwise dispersed, and

if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who

is present may cause it to be dispersed by the armed forces.

CRPC 144A : Power to prohibit carrying in procession or mass drill or mass training with arms.

E.g RSS training taking place in their own places is allowed, but not allowed in public places.

CRPC 153. Inspection of weights and measures.—

(1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.

(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

CHAPTER XII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CRPC 154. Information in cognizable cases.—

(1) Every information relating to the commission of a cognizable

offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf:

E.g Police Diary: every day what happens in the police station has to be recorded.

Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

Provided further that

in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be;

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

E.g why they have not been renamed as FIR? This is another problem with LAW.

CRPC 155. Information as to non-cognizable cases and investigation of such cases.—

(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.

E.g : making a note in the personal book and have to go to the magistrate.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

(3) Any police officer receiving such an order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.

E.g same way the investigation of CO can be done, but cannot arrest without warrant.

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

E.g there are 3 types of offences included - 1st NCO, 2nd NCO & 3rd OC. Now this will be called as CO [Cognizable offence]

CRPC 156. Police officer’s power to investigate cognizable case.—

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such an officer was not empowered under this section to investigate.

E.g when investigation is done outside the limits, still the report has value and cannot be rejected.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

CRPC 190. Cognizance of offences by Magistrates.—

(1) Subject to the provisions of this Chapter, any Magistrate of

the first class, and any Magistrate of the second class specially empowered

CRPC 157. Procedure for investigation.—

(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report---

E.g Law is giving permission to do investigation and forward to magistrate

-- and shall proceed in person, or shall depute one of his subordinate officers not being

below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:

E.g Discovery - collect evidences

(a)

when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;

E.g : don't have to send any person to investigate.

(b)

if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.

E.g : there are no other powers other than investigation. They cannot do any medication or settlements. if found they can be dismissed by the court.

Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that subsection, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.

CRPC 160. Police officer’s power to require attendance of witnesses.—

(1) Any police officer making an investigation

under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:

E.g acquainted means just knowing a person but not a friend.

E.g they must do the investigation : calling them to appear before them.

E.g such a person shall attend as so required = means shall - must attend the police station.

Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person shall be required to attend at any place other than the place in which such male person or woman resides.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

E.g here when the police officer calls the witness to the station, has to pay the expenses.

CRPC 161. Examination of witnesses by police

(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

E.g some questions asked you may think that if you answer and you will get caught then dont answer.

(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

CRPC 162. Statements to police not to be signed: Use of statements in evidence.—

(1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise,

or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:

E.g witness is telling them and the police officer is writing and the officer is asking to sign that writing then you must not sign it.

E.g the same cannot be used a evidence

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act , 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also

be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.

E.g when a witness contradicts while called by court, then the said written statement will be used that you have said before and now you are denying.

This is called as witness as Hostile

E.g Court will never believe that police are doing wrong. Now the advocate has to prove that he is doing wrong or lying or making a false statement.

CRPC 163. No inducement to be offered.—

(1) No police officer or other person in authority shall offer or make, or

cause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the Indian Evidence Act, 1872 (1 of 1872).

E.g guideline is given to police officer you cannot say you will get 10lakhs or threatening To any person (witness or acquits)

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will:

Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164

E.g no police office cannot say you will get 10lakhs or threatening

CRPC 164. Recording of confessions and statements.—

(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:

Legal Terms

Confessions = means accepting or agreeing the crime

Statements = by any other persons than the acquits.

Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:

Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.

(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

E.g Police duty is to only find the evidence and not make him agree, the acquit person.

(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.

E.g now the magistrate will send him to Judicial custody

(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:—

“”

“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.

(Signed) A. B.

Magistrate.” “”

(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.

(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.

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27 Aug

Daily One Legal Word :

De facto – in fact

De jure – by law

De facto is Latin for "of fact," meaning "in reality," and it's usually contrasted with "de jure," which means "of law," or "officially."

Examples:

1) If you're the de facto mayor of your town, you're acting as mayor, even though you weren't legally elected.

2)English is de facto the common language of much of the world today.

In law and government, de facto describes practices that exist in reality, even though they are not officially recognized by laws. It is commonly used to refer to what happens in practice, in contrast with de jure, which refers to things that happen according to law.

De facto means a state of affairs that is true in fact, but that is not officially sanctioned. In contrast, de jure means a state of affairs that is in accordance with law (i.e. that is officially sanctioned). For example, the general who sits at the head of the military is the de facto ruler of the nation.”

Daily One Advocacy Rule :

An Advocate must attend (or know the content of) every bar meeting of advocates and every public meeting in his city.

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CRPC 164A. Medical examination of the victim of rape.—

(1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

E.g after 4 months coming to report the rape crime?

E.g when both are in relationship & boy finds her

(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:—

CRPC 320. Compounding of offences.—

(1) The offences punishable under the sections of the Indian Penal

Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons

mentioned in the third column of that Table:—

Compounding = offence to be compromised.

E.g if the Girl is filing the RAPE case and then after settelment reached by the girl. But now the girl wants to withdraw the cases. This is not possible to withdraw since not in the compound list.

Rape case or murder case : crime took place in the state, duty of goverment. Government has failed security to lifes of “rape case or Murder Case Victims”, now goverment takes the responsibility to punish the

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30 Aug

Daily One Legal Word :

De minimis – about minimal things

De Minimis Non Curat Lex – The law does not govern trifles (unimportant things) or law ignores insignificant details.

This is a common law principle whereby judges will not sit in judgment of extremely minor transgressions (offence, wrongdoings) of the law.

Daily One Advocacy Rule :

An Advocate must be able to prove with his argument that a black Crow is White in colour.

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Legal Terms

A Handbook for Judicial Service Examinations (Civil & Criminal) (English, Dr Mohammed Zaheeruddin)

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CRPC 165. Search by police officer

(1) Whenever an officer in charge of a police station or a police officer making

an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation

into any offence which he is authorised to investigate may be found in any place within the limits of the police

station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise

obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in

such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for

such thing in any place within the limits of such station.

E.g with in police limits

E.g must write in record for what offence and what he is searching

E.g every activity and action of police officer must be recorded in diary

CRPC 167. Procedure when investigation cannot be completed in twenty-four hours.—

(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below

the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

E.g forthwith: immediately

CRPC 169. Release of accused when evidence deficient.—

If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

CRPC 170. Cases to be sent to Magistrate, when evidence is sufficient.—

(1) If, upon an investigation under this

Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.

E.g arrest of police is to produce before you before Magistrate - who empowered to take cognizance of the offence

CRPC 172. Diary of proceedings in investigation.—

(1) Every police officer making an investigation under this

Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the

information reached him, the time at which he began and closed his investigation, the place or places visited by him,

and a statement of the circumstances ascertained through his investigation.

E.g Case Diary is about sec CRPC 172.

E.g

CRPC 173. Report of police officer on completion of investigation.—

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(1A) The investigation in relation to rape may be completed within two months from the date on which the information was recorded by the officer in charge of the police station.

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating—

(a) the names of the parties;

(b) the nature of the information;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether he has been released on his bond and, if so, whether with or without sureties;

(g) whether he has been forwarded in custody under section 170.

E.g In cases of Rape within 2 months to submit report

CRPC 174. Police to enquire and report on suicide, etc.—

(1) When the officer in charge of a police station or some

other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.

E.g Executive Magistrate means MRO Mandal Revenue officer

E.g Executive Magistrate empowered to hold inquests = hold investigation.

CHAPTER XXI

SUMMARY TRIALS

CRPC 260. Power to try summarily.—

(1) Notwithstanding anything contained in this Code—

(a) any Chief Judicial Magistrate;

(b) any Metropolitan Magistrate;

may, if he thinks fit, try in a summary way all or any of the following offences:—

E.g Summary means speedy way

Legal terms

Less than two years means Summon cases and more than 2 years means Warrant cases.

(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

(ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where thevvalue of the property stolen does not exceed 1[two thousand rupees];

(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), wherethe value of the property does not exceed 1[two thousand rupees];

(iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code(45 of 1860), where the value of such property does not exceed 1[two thousand rupees];

(v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860);

(vi) insult with intent to provoke a breach of the peace, under section 504, and 2[criminal intimidation

punishable with imprisionment for a term which may extend to two years, or with fine, or with both], under

section 506 of the Indian Penal Code (45 of 1860);

(vii) abetment of any of the foregoing offences;

E.g foregoing = mention in above law

(vi) insult with intent to provoke a breach of the peace, under section 504, and 2[criminal intimidation punishable with imprisionment for a term which may extend to two years, or with fine, or with both], under section 506 of the Indian Penal Code (45 of 1860);

(vii) abetment of any of the foregoing offences;

(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;

(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871).

(2) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Code.

E.g if magistrate believes that this

CRPC 261. Summary trial by Magistrate of the second class.—

The High Court may confer on any Magistrate

invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any

abetment of or attempt to commit any such offence.

262. Procedure for summary trials.—

(1) In trials under this Chapter, the procedure specified in this Code for

the trial of summons-case shall be followed except as hereinafter mentioned.

(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

Legal Terms

Trial from the day of FIR till the Judgement is called Trial

CRPC 263. Record in summary trials.—

In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:—

264. Judgment in cases tried summarily.—

In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

E.g explain in a brief statement :- write in short notes.

265. Language of record and judgment.—

(1) Every such record and judgment shall be written in the language of the Court.

E.g language of the Court. : The paper work done by the court means along with English must be with tamil.

CHAPTER XXIA

PLEA BARGAINING

CRPC 265A. Application of the Chapter.—

(1) This Chapter shall apply in respect of an accused against whom—

(a) the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or

E.g punishable upto 7 years only can pled & report is forwarded in police officer

after examining complainant and witnesses under section 200, issued the process under section 204,

E.g Complaint given to magistrate and punishable upto 7 years only can pled,

does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.

Legal terms

Plea Bargaining = Means accepting guilt and bargaining for lesser punishments

CRPC 265B. Application for plea bargaining.—

(1) A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial.

Home work : 265B

CHAPTER XXIII

EVIDENCE IN INQUIRIES AND TRIALS

A.—Mode of taking and recording evidence

CRPC 272. Language of Courts.—

The State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court.

CRPC 273. Evidence to be taken in presence of accused.—

Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader:

Legal Terms

E.g presence of his pleader = means his advocate

CRPC 299. Record of evidence in absence of accused.—

(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try , or commit for trial such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable

CHAPTER XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

CRPC 300. Person once convicted or acquitted not to be tried for same offence.—

(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof

E.g no person will be tried again with the same facts.

Legal terms

Calendar case number : CC number

(3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted.

E.g when the court failed to find the other crime committed during the trial & convicted. Now after the conviction it has found the new crime. Then this found crime will be tried again.

(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.

Notwithstanding = means

E.g first class has tried and given 3 years, in the following found to have done forgery or serious offence which is not in power of the first class magistrate. Then the competent court will trial once again.

CRPC 304. Legal aid to accused at State expense in certain cases.—

(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.

E.g doesn't have any money to find an advocate.

Legal Terms

Until guilt is proved the acquit - accused is innocent.

CRPC 313. Power to examine the accused.—

(1) In every inquiry or trial, for the purpose of enabling the accused

personally to explain any circumstances appearing in the evidence against him, the Court—

E.g court will ask the accused to explain

(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;

E.g magistrate can ask at any time without any prior information

(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case:

Legal terms

Shall is given means = mandatory

(2) No oath shall be administered to the accused when he is examined under sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

E.g Accused can refuse to answer the questions asked and tell lies or false answers.

E.g Magistrate cannot punish him for refusing to answer or false answers

(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.

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31 Aug

POSCO is the protection of children from of sexual

CHAPTER XVII

THE CHARGE

A.—Form of charges

CRPC 211. Contents of charge.—

(1) Every charge under this Code shall state the offence with which the accused is charged.

(2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

E.g : sec nos is provided

(3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

E.g Murder = legal conditions must be satisfied = like intention to murder

(6) The charge shall be written in the language of the Court.

(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

E.g Previously convicted then must be stated in the current report - reason/ sec.

CRPC 212. Particulars as to time, place and person.—

(1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

CRPC 213. When manner of committing offence must be stated.—

When the nature of the case is such that the particulars mentioned in sections 211 and 212 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

E.g if the accused person does not understand what is stated in 211 & 212, then it must be explained in a manner understandable to the accused. Means it must clear and no ambiguity

CRPC 214. Words in charge taken in sense of law under which offence is punishable.—

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

CRPC 215. Effect of errors.—

No error in stating either the offence or the particulars required to be stated in the

charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.

E.g small error : if it is not affecting notice to the person then no issues and proceed forward.

E.g because of this error there is failure of justice then it will be considered.

CRPC 216. Court may alter charge.—

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.

E.g : only the court can alter the charge, not police officers.

(2) Every such alteration or addition shall be read and explained to the accused.

CRPC 217. Recall of witnesses when charge altered.—

Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed—

E.g : the court can recall the witnesses once again. If the court believes that advocates are trying to waste the time, then the court will deny.

B.—Joinder of charges

CRPC 218. Separate charges for distinct offences.—

(1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately:

CRPC 223. What persons may be charged jointly.—

The following persons may be charged and tried together, namely:—

(a) persons accused of the same offence committed in the course of the same transaction;

(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;

(c) persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;

CRPC 219. Three offences of same kind within year may be charged together.—

(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.

E.g thief : he has committed 3 times in 12 months, charged him jointly all three charges.

(d) persons accused of different offences committed in the course of the same transaction;

E.g while doing robbery - one person kills, one poisons the food,

CRPC 227. Discharge.—

If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

CHAPTER XVIII

TRIAL BEFORE A COURT OF SESSION

CRPC 225. Trial to be conducted by Public Prosecutor.—

In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.

CRPC 226. Opening case for prosecution.—

When the accused appears or is brought before the Court in pursuance of

a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

CRPC 227. Discharge.—

CRPC 228. Framing of charge.—

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which—

CRPC 229. Conviction on plea of guilty.—

If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.

E.g If the accused person accepts, then the judge can convict him or move forward with the case.

CRPC 230. Date for prosecution evidence.—

If the accused refuses to plead, or does not plead, or claims to be tried or

is not convicted under section 229, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.

E.g date to bring the evidence from the prosecution side is fixed.

CRPC 231. Evidence for prosecution.—

(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.

(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

CRPC 232. Acquittal.—

If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.

E.g

CRPC 233. Entering upon defence.—

(1) Where the accused is not acquitted under section 232, he shall be called

upon to enter on his defence and adduce any evidence he may have in support thereof.

CRPC 234. Arguments.—

When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply:

Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.

E.g this is between two advocates and the Judge alone.

CRPC 235. Judgment of acquittal or conviction.—

(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.

CRPC 236. Previous conviction.—

In a case where a previous conviction is charged under the provisions of sub-section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 229 or section 235, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:

E.g how to find the once a person is convicted? Will go to jail, the jailer will have the completed records.

CHAPTER XIX

TRIAL OF WARRANT-CASES BY MAGISTRATES

A.—Cases instituted on a police report

CRPC 238. Compliance with section 207 -

E.g Same flow as above CHAPTER 18

CRPC 249. Absence of complainant.—

When the proceedings have been instituted upon complaint, and on any day

fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

E.g Judge will frame the charges, will check if all the reported sec is relevant or not.

CRPC 250. Compensation for accusation without reasonable cause.—

(1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

E.g wantedly made an accusation on B, when pronouncing the judgement, will ask the complainant that why have you made charge without any proper ground.

(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate.

(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days.

CHAPTER XXXIII

PROVISIONS AS TO BAIL AND BONDS

CRPC 436. In what cases bail to be taken.—

(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought

before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail:

E.g 436 means = when a person is arrested in a Bailable Offence he will be granted bail.

IPC 50. Person arrested to be informed of grounds of arrest and of right to bail.—

E.g Indigent means Poor

Provided that such officer or Court, if he or it thinks fit, 1[may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided.

Legal Terms

E.g Bail = paying money then getting mail

E.g Bond = not able to pay money upfront bond is made. When bond is broken the amount has to be paid or will be placed in jail.

Explanation.—Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso:

(2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446.

CRPC 437. When bail may be taken in case of non-bailable offence.—

(1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of session, he

may be released on bail, but—

(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;

(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years:

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm:

E.g any person under 16; any women of age or illness

E.g Infirm = unsound person.

E.g Advocate must ask for Bail otherwise the court will not come on its own.

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason:

CRPC 438. Direction for grant of bail to person apprehending arrest- [Anticipatory Bail]

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that in the event of such arrest, he shall be released on bail.

Inter alia , the following factors, namely :-

Nature and gravity of the accusation
E.g Previous offence to be checked
E.g applicant will flee from justice
E.g made with intention of injuring or humiliating the applicant

Legal Terms

apprehending = means predicting arrest in future.

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1 Sep

Daily One Legal Word :

Doli incapax – Incapable of crime

- It is deemed incapable of forming the intent to commit a crime or tort, especially by reason of age (under ten years old).

EXPLANATION :

The defense of infancy, also known as the age of criminal responsibility, is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed.

Minimum age of criminal responsibility by country

Under the English common law the defense of infancy was expressed as a set of presumptions in a doctrine known as doli incapax. A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged seven to under fourteen were presumed incapable of committing a crime but the presumption was rebuttable. The prosecution could overcome the presumption by proving that the child understood what they were doing and it was wrong. In fact, capacity was a necessary element of the state's case. If the state failed to offer sufficient evidence of capacity, the infant was entitled to have the charges dismissed at the close of the state's evidence. Doli incapax was abolished in England and Wales in 1998, but persists in other common law jurisdictions.

Daily One Advocacy Rule :

If an advocate is not having enough evidence to prove his case then he will attack the credibility of the witnesses in opposition.

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CHAPTER XXVII

THE JUDGMENT

CRPC 353. Judgment.—

(1) The judgment in every trial in any Criminal Court or original jurisdiction shall be

pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,—

E.g Original jurisdiction : the court at which the case can be filed in first level. The place where the crime took place and FIR filed

E.g Court of Appellate Jurisdiction : upper class court.

Writs

(a) by delivering the whole of the judgment; or

(b) by reading out the whole of the judgment; or

(c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his pleader.

(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost.

(5) If the accused is in custody

(6) If the accused is not in custody,

(7) No judgment delivered…… by reason only of the absence

(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465.

CRPC 465. Finding or sentence when reversible by reason of error, omission or irregularity.—

(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.

E.g While serving the cummors there were technical errors or while warranting some technical errors, but the trial happened in a proper court and the judgement cannot be reversed.

Same cannot be reversed by the Appellate court also.

(2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

CRPC 354. Language and contents of judgment

(1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353,—

(a) shall be written in the language of the Court;

(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;

(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860) or other law under which, the accused is convicted, and the punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.

(2) When the conviction is under the Indian Penal Code (45 of 1860) and it is doubtful under which of two

sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly

express the same, and pass judgment in the alternative.

E.g when there is doubt b/w theft & extraction then we confirmed that this is extortion.

C.—Conclusion of trial

CRPC 248. Acquittal or conviction.—

(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.

CRPC 362. Court not to alter judgment.—

Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.

CHAPTER XXIX

APPEALS

CRPC 372. No appeal to lie unless otherwise provided.—

No appeal shall lie from any judgment or order of a

Criminal Court except as provided for by this Code by any other law for the time being in force:

1[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting

the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the

Court to which an appeal ordinarily lies against the order of conviction of such Court

E.g only when allowed the chance to appeal this can be done. When denied, they can't forward to appeal.

CRPC 374. Appeals from convictions.—

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years 1[has been passed against him or against any other person convicted at the same trial], may appeal to the High Court.

(3) Save as otherwise provided in sub-section (2), any person,—

(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the

first class, or of the second class, or

(b) sentenced under section 325, or

may appeal to the Court of Session.

CRPC 375. No appeal in certain cases when accused pleads guilty.—

Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,—

E.g have you committed murder, then reply as “yes”. The accused pleads guilty, then there won't be any appeal.

(a) if the conviction is by a High Court; or

(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.

E.g except as to the extent or legality of the sentence = for theft 3 yrs is the punishment, but 4 yrs is awarded. Then for this yrs of punishments legality can be appealed

CRPC 376. No appeal in petty cases.

Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:—

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;

(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees:

CRPC 377. Appeal by the State Government against sentence.—

(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy

E.g an appeal against the sentence on the ground of its inadequacy = means ,when the Prosecution when the sentence is (inadequate) felt less.

Legal Terms

Save as = Except

Savings = Exceptions

NotWithstanding = in-spite of

CRPC 378. Appeal in case of acquittal.—

(1) Save as otherwise provided in sub-section (2), and subject to the

provisions of sub-sections (3) and (5),—

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

CRPC 379. Appeal against conviction by High Court in certain cases.—

Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.

CRPC 380. Special right of appeal in certain cases.—

Notwithstanding anything contained in this Chapter, when

more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of

any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

E.g A, B & C

A has got convicted and no chance of a appeal

B&C are convicted & have chance of appeal then they can appeal

CRPC 381. Appeal to Court of Session how heard.—

(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

E.g make over to him = divide the cases to him by sessions Judge alone will be heard.

CRPC 382. Petition of appeal

E.g in writing presented by the appellant or his pleader, and judgement copy.

CHAPTER XXX

REFERENCE AND REVISION

CRPC 395. Reference to High Court.—

(1) Where any Court is satisfied that a case pending before it involves a

question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.

E.g Any lower court that needs HIgh court to interfere to clarify the Validate Sec or Act, will send the reference to HIGH Court. Give more clarification.

E.g Lower court will send to the high court that - THis act is not pronounced valid or inactive. Please pronounce it

Legal Terms

Review is done with the same court where the judgement is pronounced

E.—Suspension, remission and commutation of sentences

CRPC 432. Power to suspend or remit sentences.—

(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

E.g Government can suspend the punishment

(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.

E.g When an application is made to the government by the accused by his pleader.

(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.

E.g when the guidelines or conditions are not followed by the accused after the suspension or remitted, then the government will send the police officer to arrest the person.

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.

E.g conditions has to be fulfilled

(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with:

Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and—

(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or

E.g Jailer is sending, so there is no declaration he is in jail.

(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.

CRPC 433. Power to commute sentence.—

The appropriate Government may, without the consent of the person sentenced, commute—

Legal Terms

Commute = reduction of sentence

Remission = making zero or Null, punishment.

(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860);

(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;

(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced, or for fine;

(d) a sentence of simple imprisonment, for fine

IPC sec 54 & 55 = commutation of Death and Life imprisonment

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2 Sep

Daily One Legal Word :

DONATIO MORTIS CAUSA

- It means a Gift because of death. Or a future gift given in expectation of the donor’s imminent death and only delivered upon the donor’s death.

EXPLANATION: A gift in prospect of death. When a person in sickness, apprehending his dissolution near, delivers, or causes to be delivered to another, the possession of any personal goods, to keep as his own, in case of the donor's decease.

The civil law defines it to be a gift under apprehension of death; as, when any thing is given upon condition that if the donor dies, the donee shall possess it absolutely, or return it if the donor should survive, or should repent of having made the gift, or if the donee should die before the donor.

Daily One Legal Word :

Ex gratia - It means "in Favour' or "by favour"

And it is most often used in a legal context. When something has been done ex gratia, it has been done voluntarily, out of kind or grace.

In law, an ex gratia payment is a payment made without the giver recognising any liability or legal obligation.

Compensation payments are often made ex gratia if a government or organization is prepared to compensate victims of an event such as an accident or similar but not to admit liability to pay compensation or for causing the event.

EXAMPLES:

1) A company conducting layoffs may make an ex gratia payment to the affected employees that is greater than the statutory payment required by the law, perhaps if those employees had a long and well-performing service with the company.

2) An insurance company may make an ex gratia payment to customers if a claim does not meet the terms and conditions but the company chooses to make a voluntary payment out of kindness or compassion, without recognizing any obligation to make such a payment.

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3 sep

Daily One Legal Word :

Estoppel

- It is a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. It is meant to prevent people from being unjustly wronged by the inconsistencies of another person's words or actions.

EXPLANATION :

Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. It is also a concept in international law.

There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration:

1) If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of promissory estoppel may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a contract. The landlord is precluded from asserting a specific right.

2) If a person brings legal proceedings in one country claiming that a second person negligently injured them and the courts of that country determine that there was no negligence, then under the doctrine of issue estoppel the first person will not normally be able to argue before the courts of another country that the second person was negligent (whether in respect of the same claim or a related claim). The first person is precluded from asserting a specific claim.

Estoppel is an equitable doctrine. Accordingly, any person wishing to assert an estoppel must normally come to the court with "clean hands".

Daily One Advocacy Rule :

An Advocate must be always seen in READING but not in TALKING.

The Advocate will only talk in his case in the court.

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B.—AID TO THE MAGISTRATES AND THE POLICE

37 to 40 : Public must help the police & magistrate when help is asked, covered in these sections of CRPC

CRPC 37. Public when to assist Magistrates and police.—

Every person is bound to assist a Magistrate or police officer reasonably demanding his aid—

(a) in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or

(b) in the prevention or suppression of a breach of the peace; or

E.g When help is asked then public must help

CRPC 38. Aid to person, other than police officer, executing warrant.—

When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

E.g When the private person is executing the warrant and asking help then, help must be provided.

CRPC 39. Public to give information of certain offences.—

(1) Every person, aware of the commission

of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely:—

E.g if you have come to know that above state 12 offences or intention to commit, then shall[must] inform the nearest police station or magistrate.

CRPC 40. Duty of officers employed in connection with the affairs of a village to make certain report.—

E.g village office and people, both the groups inform the Magistrate or police : that receiver or seller or stolen property

(b)

E.g when near the village or going through the village - a thug, robber

(d) ..

E.g any unnatural death has to be informed to the magistrate

CHAPTER XIII

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

CRPC 177. Ordinary place of inquiry and trial.—

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

E.g where the inquiry and trial must happen.

CRPC 178. Place of inquiry or trial.-

E.g whenever it is uncertain and happens in several places. And crime is continouing offence - rape happenig in moving bus. Then trial can happen in any place

CRPC 181. Place of trial in case of certain offences.—

(1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.

E.g when these offence take place or where these people are arrested trial can take place

(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.

(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.

CRPC 182. Offences committed by letters, etc.—

E.g address of the sender or place of the receiver.

CHAPTER XIV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

E.g how the magistrate is going to take the case.

CRPC 190. Cognizance of offences by Magistrates.—

E.g Cognizance = when can Magistrate take control of the case

(1) Subject to the provisions of this Chapter, any Magistrate of

the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may

take cognizance of any offence—

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a police report of such facts;

(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

CRPC 191. Transfer on application of the accused

When a Magistrate takes cognizance of an offence under

clause (c) of sub-section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.

E.g magistrate itself the complainant.

E.g If there are 3 people there, one of you is not interested in the same court since there may be injustice, then can apply for transfer.

CRPC 192. Making over of cases to Magistrates.—

(1) Any Chief Judicial Magistrate may, after taking cognizance of

an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

E.g CJM will make over[transfer/ order] to his

CRPC 193. Cognizance of offences by Courts of Session.—

Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.

E.g No magistrate can transfer to session court .

E.g heavy work is done by the lower courts magistrate - enquiry and gater the complaints and files to the session courts

CRPC 194. Additional and Assistant Sessions Judges to try cases made over to them—

As Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.

Legal terms

Makeover = Higher court sending to lower courts

Committal = When lower courts sending HIgher courts

CRPC 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.—

(1) No Court shall take cognizance—

(a )E.g 172 to 188 (both inclusive) of the Indian Penal Code = stopping the public office from doing the work.

E.g here there must be a written complaint to the magistrate by the officer or senior to him

E.g contempt = stopped the work/ doing the lawful activity.

(b) E.g any written complaint from court officer then any court can take cognizance

(2) E.g when the witness is theratend

CRPC 197. Prosecution of Judges and public servants.—

(1) When any person who is or was a Judge or Magistrate

or a public servant not removable from his office save by or with the sanction of the Government is accused of any

offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty,

no Court shall take cognizance of such offence except with the previous sanction 1[save as otherwise provided in the

Lokpal and Lokayuktas Act, 2013 (1 of 2014)]—

E.g when you have to take any action against a public servant, Magistrate or Judge then appropriate permission needs to be made to the government.

CRPC 198. Prosecution for offences against marriage.—

(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:

E.g Only the complaint must be made by the aggrieved party

E.g under 18 yrs/ unsound/ women/ costumes not permitting women/ then any other person on behalf of them with permission from court

198A. Prosecution of offences under section 498A of the Indian Penal Code.—

No Court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1960) except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court,

by any other person related to her by blood, marriage or adoption.

E.g the family members of the wife can file complaints .

Under CRPC 41 police can arrest when received from neighbor when any information about CO

CHAPTER XV

COMPLAINTS TO MAGISTRATES

CRPC 200. Examination of complainant.—

A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

CRPC 201. Procedure by Magistrate not competent to take cognizance of the case.—

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,—

(a) if the complaint is in writing, return it for presentation to the proper Court with an

endorsement to that effect;

(b) if the complaint is not in writing, direct the complainant to the proper Court.

E.g when the magistrate does not have the power to take on, WILL RECORDE AND forward to the correct magistrate.

CRPC 202. Postponement of issue of process

process.—(1) Any Magistrate, on receipt of a complaint of an offence

of which he is authorised to take cognizance or which has been made over to him under section 192, may,

if he thinks fit, 1[and shall, in a case where the accused is residing at a place beyond the area in which he

exercises his jurisdiction,] postpone the issue of process against the accused, and either inquire into the

case himself or direct an investigation to be made by a police officer or by such other person as he thinks

fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

E.g will direct the police officer to investigate, to check there is proper grounds

CRPC 203. Dismissal of complaint.—

If, after considering the statements on oath (if any) of the

complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202,

the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the

complaint, and in every such case he shall briefly record his reasons for so doing

E.g after getting the information and believing that there is no grounds then will dismiss the complaint.

CHAPTER XVI

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

CRPC 205. Magistrate may dispense with personal attendance of accused.—

(1) Whenever a Magistrate Issue a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

E.g when the person does not come in person then the Pleader will represent on his behalf and the case will move on forward.

CRPC 256. Non-appearance or death of complainant.—

(1) If the summons has been issued on complaint, and on

the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be

adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained,

acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

CRPC 306. Tender of pardon to accomplice.—

(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.

E.g Approver concept = going to lessen the punishment.

Legal Terms

Accomplice = a person is the participant in the crime

(2) This section applies to—

(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.

(4) Every person accepting a tender of pardon made under sub-section (1)—

(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.

CRPC 308. Trial of person not complying with conditions of pardon.—

(1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence:

CRPC 320. Compounding of offences.—

(1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table:—

CHAPTER XXXV

IRREGULAR PROCEEDINGS

CRPC 460. Irregularities which do not vitiate proceedings.

If any Magistrate not empowered by law to do any of the following things, namely:—

(a) to issue a search-warrant under section 94;

(b) to order, under section 155, the police to investigate an offence;

(d) to issue process under section 187, for the apprehension of a person within his local jurisdiction who

erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

CRPC 461. Irregularities which vitiate proceedings.—

If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:—

his proceedings shall be void.

E.g when not having power and order is given then when it falls under this sec 461 is INVALID

CHAPTER XXXVI1

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

CRPC 468. Bar to taking cognizance after lapse of the period of limitation.—

(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2),

after the expiry of the period of limitation.

(2) The period of limitation shall be—

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

CRPC 469. Commencement of the period of limitation.—

(1) The period of limitation, in relation to an offender, shall commence,—

(a) on the date of the offence; or

E.g Murder happend on March 20

(b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or

E.g date of offence not known, but police came to know after 6 month. Then commencement of the date is from the date came to known by the police officer.

(c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.

E.g after one year of theft and the person is identified - the commencement of date if from then the identity of the person is found.

CRPC 473. Extension of period of limitation in certain cases.—

Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

E.g when the proper justification is provided to the magistrate, then he believes that justice must be given even after the timeline is over.

CHAPTER XXXVII

MISCELLANEOUS

CRPC 479. Case in which Judge or Magistrate is personally interested.—

No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

CRPC 480. Practising pleader not to sit as Magistrate in certain Courts.—

No pleader who practises in the Court of

any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.

E.g no court can stop the High court when they want to

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THE INDIAN EVIDENCE ACT, 1872

IEA 133. Accomplice. ––

An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

E.g evidence is required to make sure the accomplice is telling the truth.

E.g Accomplice giving = we got into a red colour car and filled out 2000 rs. If this matches with the evidence from the CCTV then this is called corroborating evidence.

E.g if you are punishing the statements of the accomplice, then also it is not illegal.

Legal Terms

Uncorroborated = mean without any other support evidence

IEA 134. Number of witnesses. ––

No particular number of witnesses shall in any case be required for the proof of any fact.

E.g who is witness = accepting the facts, either by seeing in person or otherwise.

IEA 137. Examination-in-chief. ––

The examination of witness by the party who calls him shall be called his examination-in-chief.

Cross-examination. –– The examination of a witness by the adverse party shall be called his Cross-examination.

Re-examination. ––The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.

E.g when PP/ advocate calls the witness of his own cases = examination-in-chief.

E.g now the defence lawyer questions to the PP witness then = Cross-examination

E.g Now PP/ advocate gets permission from the magistrate to Re-examination his own witness.

Legal Terms

adverse party = opposite party

IEA 138. Order of examinations. ––

Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.

The examination and cross-examination must relate to relevant facts but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.

Direction of re-examination. –– The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.

Legal terms

How many advocates are allowed: you can have any number of advocates.

IEA 141. Leading questions. ––

Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.

E.g normal question : whom you have seen that day?

E.g leading question : did you see Thulasi on that day tuesday ?

Where they want to witness to say what they want.

IEA 142. When they must not be asked. ––

Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.

E.g leading questions cannot be asked in Examination in chief and re-examination

The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.

E.g

In its opinion = court's opinion

Undisputed = both the advocates

Introductory = introduction

Legal Terms : Start being self dependent

IEA 143. When they may be asked. –– Leading questions may be asked in cross-examination.

IEA 146. Questions lawful in cross-examination. ––

When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend––

(1) to test his veracity,

(2) to discover who he is and what is his position in life, or

(3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture:

E.g in addition to the questions hereinbefore = in addition to leading questions hereinbefore.

E.g injuring his character = how to understand if the person is lying

E.g defence layer = by giving leading questions made him stuck with the wrong answer.

Provided that in a prosecution for an offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent

Prosecutrics

IEA 149. Question not to be asked without reasonable grounds. ––

No such question as is referred to in section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded.

Illustrations

(c) A witness, of whom nothing whatever is known is asked at random whether he is a dakait. There are here no reasonable ground for the question.

E.g no random question cannot be asked.

IEA 150. Procedure of Court in case of question being asked without reasonable grounds. ––

If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any barrister, pleader, vakil or attorney, report the circumstances of the case to the High Court or other authority to which such barrister, pleader, vakil or attorney is subject in the exercise of his profession.

General Questions: Legal

AIB : All India Bar council exam

Certificate of registration number will be received.

80% of the advocates don’t know LAW. Never rely on the advocates, they always lie to rely on you.

Best Lier can only be a Advocates

Legal Terms : barrister, pleader, vakil or attorney = advocates

IEA 151. Indecent and scandalous questions. ––

The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.

IEA 152. Questions intended to insult or annoy. ––

The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form.

E.g you can injure his character but not insult or annoy.

IEA 154. Question by party to his own witness. ––

(1) The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.

E.g when the witness turned hostile, then cross examine your own witness to prove that this person is not reliable.

(2) Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any part of the evidence of such witness.

IEA 155. Impeaching credit of witness. ––

The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him: ––

(1) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;

(3) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted;

E.g when bring the neighbor of the witness and makes the credibility of witness

E.g bribe is proved

IEA 159. Refreshing memory. ––

A witness may, while under examination, refresh his memory by

referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory.

E.g to refresh the memory any supporting doc or letter can be given to the witness to remember.

The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct.

When witness may use copy of document to refresh memory. –– Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document:

Provided the Court be satisfied that there is sufficient reason for the non-production of the original.

An expert may refresh his memory by reference to professional treatises.

IEA 3. Interpretation-clause

“Court”.––

“Court” includes all Judges and Magistrates and all persons, (except arbitrators), legally authorized to take evidence.

“Fact”.–– “Fact” means and includes ––

(1) anything, state of things, or relation of things, capable of being perceived by the senses;

E.g Anything = capable of the sense (5 senses)

E.g according to Indian Evidence Act, fact is anything - 5 senses = seeing, smell, touch, hearing & tasting

Legal Terms

Best Advocate = A advocate who is calm and listens and use it against others

(2) any mental condition of which any person is conscious.

Illustrations

(b) That a man heard or saw something, is a fact.

“Relevant”. ––

One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.

Legal Term

E.g a fact is said to be relevant to the Original Fact is called Relevant fact.

E.g when “A” sends a message to “X” and then “X” murders “A”. this message is relevant to facts

“Facts in issue”.–– The expression “facts in issue” means and includes ––

any fact from which, either by itself or in connection with other facts, the existence,

non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.

E.g Facts in issue means = E.g thulasi killed X with Pistol. Fact in issue is has the murder taken place

E.g Facts in issue , must be decided in the court.

E.g Main points relevant to the issue for which it is arguing .

Illustrations

A is accused of the murder of B.

At his trial the following facts may be in issue: ––

That A caused B’s death;

That A intended to cause B’s death;

That A had received grave and sudden provocation from B;

That A, at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable of knowing its nature.

Legal Terms

E.g facts may be in issue: = means facts in Questions

“Document”. ––

“Document” means any matter expressed or described upon any substance by

means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.

Illustrations

A writing is a document;

Words printed lithographed or photographed are documents;

A map or plan is a document;

An inscription on a metal plate or stone is a document;

A caricature is a document.

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5 sep

“Evidence”. ––“Evidence” means and includes ––

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry;

such statements are called oral evidence;

(2) all documents including electronic records produced for the inspection of the Court;]

such documents are called documentary evidence.

“Proved”. ––

A fact is said to be proved when, after considering the matters before it, the Court; either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

“Disproved”. ––

A fact is said to be disproved when, after considering the matters before it, the

Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.

“Not proved”. ––

A fact is said not to be proved when it is neither proved nor disproved.

IEA 4. “May presume”. ––

Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.

“Shall presume”. –– e.g will believe

Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.

“Conclusive proof”. ––

When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.

E.g when one among the facts is proved then all the facts are assumed to be conclusive proof.

E.g when couple are staying in lodge, when police

CHAPTER II. –– OF THE RELEVANCY OF FACTS

IEA 5. Evidence may be given of facts in issue and relevant facts. ––

Evidence may be given in any suit or proceeding of the existence of non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.

Legal term :

Civil Suit : civil case

Criminal case : Criminal

Explanation. –– This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure

IEA 6. Relevancy of facts forming part of same transaction. ––

Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places.

E.g filled petrol 5 liters in can before murder - relavent fact

E.g

Illustrations

(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.

Legal Terms:

Discharge : is done only by the Judge only when there is no ground

Acquittal : when judges are unable to prove the crime with evidence.

IEA 7. Facts which are the occasion, cause or effect of facts in issue. ––

Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

Illustrations

(b) The question is, whether A murdered B.

Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.

E.g when there is power cut and during that time murder has taken place.

E.g Power cut is occasion to relevant fact

IEA 8. Motive, preparation and previous or subsequent conduct. ––

Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.

E.g A murder the X in the tea shop when there is power cut

E.g change in regular behaviour after committing a crime.

E.g the father has observed, after reaching home, saw him shivering and behaving abnormally and didn't get to eat with the family.

Legal Terms: subsequent conduct means, behaviour after committing crime.

IEA 9. Facts necessary to explain or introduce relevant facts. ––

Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.

E.g i have already booked the flight 3 days - introduced the new fact

E.g rebut an inference suggested by a fact in the issue : got an idea that he left the home by 9 pm.

E.g went to Tea shop and acted to talk in the phone - tea shop owner identifies the A

E.g person whose identity is relevant : identity or identification parade is conducted under this section.

Why this parade is happening because no innocent person must be punished.

Legal Terms : Rebut = means dismiss

Illustrations

(a) The question is, whether a given document is the will of A.

The state of A’s property and of his family at the date of the alleged will may be relevant facts.

E.g at the date mentioned on the will : what was the situation of the family- was there any fight, any property was sold or purchased.

The fact that, soon after the commission of the crime, A absconded from his house, is relevant, under section 8,as conduct subsequent to and affected by facts in issue.

The fact that, at the time when he left home, he had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly.

The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent.

IEA 11. When facts not otherwise relevant become relevant.––

Facts not otherwise relevant are relevant ––

(1) if they are inconsistent with any fact in issue or relevant fact;

(2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.

Legal Term

Alabi : a claim or piece of evidence that one was elsewhere when an act,

Illustrations

(a) The question is, whether A committed a crime at Calcutta on a certain day.

The fact that, on that day, A was at Lahore is relevant.

The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.

ADMISSIONS

IEA 17. Admission defined.––

An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.

E.g Admission is done by the witness person.

IEA 18. Admission––by party to proceeding or his agent. ––

Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions.

By suitor in representative character. ––

Statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character.

Legal Terms : suitor = means the one who initiated civil suit against anyone.

IEA 24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.––

A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.

E.g when confession becomes irrelevant when made under threat or deal or promise. Court will not consider it.

IEA 25. Confession to police-officer not to be proved. ––

No confession made to a police-officer3, shall be proved as against a person accused of any offence.

E.g any statement of confession made to police is not accepted.

IEA 26. Confession by accused while in custody of police not to be proved against him. ––

No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.

E.g confession made during police custody is not accepted.

IEA 28. Confession made after removal of impression caused by inducement, threat or promise, relevant. ––

If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.

IEA 31. Admissions not conclusive proof, but may estop. ––

Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.

Legal Term : Estoppels : if you have said/ admitted before the court, you cannot deny it.

STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES

IEA 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. ––

Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases: ––

E.g whose attendance cannot be procured without an amount of delay or expense = went to the USA, and asked that person to come as evidence. He is asking for 3 months time. Court cannot wait for these people.

(1) When it relates to cause of death. –– [DD] Dying Declaration

When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question.

Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.

Legal Terms : [DD] Dying Declaration

(2) or is made in course of business. ––

When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him.

E.g police diary - where daily activities are made noted

(3) or against interest of maker.––

When the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages.

Legal Terms : pecuniary or proprietary interest = means money interest.

(4) or gives opinion as to public right or custom, or matters of general interest. ––

When the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen.

E.g when he made an opinion and controversy broke out, now this opinion has become a relevant fact.

(5) or relates to existence of relationship.––

When the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised.

E.g when A informs B is a close friend while I was in Delhi and married her. No one knows this information in his family. Now A dies .

While in a property dispute, the wife of A files cases. The B friend of A gives a statement that will become relevant.

(6) or is made in will or deed relating to family affairs.––

When the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised.

E.g Raj reveals the secret to Kamal and that he will be giving 20% property to the red cross. The recordings provided before the court will be considered relevant facts.

(7) or in document relating to transaction mentioned in section 13, clause (a). ––

When the statement is contained in any deed, will or other document which relates to any such transaction as is mentioned in section 13, clause (a).

(8) or is made by several persons and expresses feelings relevant to matter in question. ––

When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question.

E.g Public sentiments in large can be given relevant information.

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7 sep

Daily One Legal Word :

Ex parte

– Proceedings in the absence of the other party

This term means "by or for one party." The term refers to an attorney's communication with A judge or Arbitrator without notice to, and outside the presence of, the other parties.

Daily One Advocacy Rule :

An Advocate must Never get attached or involved either Emotionally or Personally in any of his CASES.

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OPINIONS OF THIRD PERSONS WHEN RELEVANT

IEA 45. Opinions of experts. ––

When the Court has to form an opinion upon a point of foreign law or of science, or art, or as to identity of handwriting, or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts.

Such persons are called experts.

Illustrations

(a) The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.

CHARACTER WHEN RELEVANT

IEA 52. In civil cases character to prove conduct imputed, irrelevant. ––

In civil cases, the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant.

Legal Terms : Conduct = Behaviour

E.g In Civil cases = the conduct is important in civil cases. Here they are trying to judge the conduct. His character is not relevant.

IEA 53. In criminal cases previous good character relevant. ––

In criminal proceedings, the fact that the person accused is of a good character, is relevant.

E.g Criminal cases : personal character is important - he is a good person.

IEA 54. Previous bad character not relevant, except in reply. ––

In criminal proceedings, the fact that the accused person has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.

E.g - previous bad character isn't considered.

E.g except in reply - defense lawyer - states that his friends are stating that he is a good character, but the PP says that these are cooked-up stories. Now PP says that already there is a previous bad character & proved. Then Court will accept the bad character will be accepted

Explanation 1. ––This section does not apply to cases in which the bad character of any person is itself a fact in issue.

Explanation 2. ––A previous conviction is relevant as evidence of bad character.

CHAPTER IV. –– OF ORAL EVIDENCE

IEA 59. Proof of facts by oral evidence. ––

All facts, except the contents of documents or electronic records, may be proved by oral evidence.

IEA 60. Oral evidence must be direct. ––

Oral evidence must, in all cases, whatever, be direct; that is to say ––

if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it;

if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;

if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner;

if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds:

Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found; or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable:

Provided also that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection.

E.g Oral evidence - there is no concept of

Legal Terms:

E.g Direct evidence = Oral devidence: i saw the murder

E.g Hearsay evidence : my father said that he saw the murder

E.g Circumstances Evidence : the grass was distrubed and has foot marks.

CBI and CID are expert in detecting Crime

CHAPTER V. –– OF DOCUMENTARY EVIDENCE

IEA 61. Proof of contents of documents. ––

The contents of documents may be proved either by primary or by secondary evidence.

IEA 62. Primary evidence. ––

Primary evidence means the document itself produced for the inspection of the Court.

IEA 63. Secondary evidence. ––

Secondary evidence means and includes ––

(1) certified copies given under the provisions hereinafter contained;

(2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;

(3) copies made from or compared with the original;

(4) counterparts of documents as against the parties who did not execute them;

(5) oral accounts of the contents of a document given by some person who has himself seen it.

IEA 64. Proof of documents by primary evidence. ––

Documents must be proved by primary evidence except in the cases hereinafter mentioned.

IEA 65. Cases in which secondary evidence relating to documents may be given.––

Secondary evidence may be given of the existence, condition or contents of a document in the following cases: ––

(a) when the original is shown or appears to be in the possession or power ––

of the person against whom the document is sought to be proved,

E.g When the original document of the property is there.

(b) when the existence, condition or contents of the original have been proved to be admitted inwriting by the person against whom it is proved or by his representative in interest;

E.g now the opposite person can show the xerox copy of the sales deed, when the original is not available.

(d) when the original is of such a nature as not to be easily movable;

E.g Dead body is cremated, then the photos of the dead body is Primary evidence.

E.g when the primary evidence cannot be brought to the court then only secondary evidence is acceptable.

PUBLIC DOCUMENTS

IEA 74. Public documents. ––

The following documents are public documents: ––

(1) documents forming the acts or records of the acts ––

(i) of the sovereign authority,

(ii) of official bodies and tribunals, and

(iii) of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country;

(2) public records kept in any State of private documents.

IEA 75. Private documents. –– All other documents are private.

E.g What are the Properties sachin owns will you get in RTI: no this is private document

E.g What income tax does Sachi payes will you get in RTI: no this is private document

PART III

PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER VII. –– OF THE BURDEN OF PROOF

IEA 101. Burden of proof. ––

Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.

When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

E.g Whoever wants the judge to give in his favour, he has to prove it.

Illustrations

(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed.

A must prove that B has committed the crime.

IEA 102. On whom burden of proof lies. ––

The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.

Illustrations

(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father.

If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A.

IEA 105. Burden of proving that case of accused comes within exceptions. ––

Illustrations

(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A.

IEA 112. Birth during marriage, conclusive proof of legitimacy. ––

The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

E.g when the wife is divorced within the 258 days given birth then this son is said to be the legitimate of the divorced father.

IEA 113A. Presumption as to abetment of suicide by a married woman. ––

When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.

Explanation. –– For the purposes of this section, “cruelty” shall have the same meaning as in

section 498A of the Indian Penal Code (45 of 1860).]

E.g Here evidence of cruelty must be there when she committed within seven years of marriage.

After 3 years of marriage she committed sucide. No body marks on Body. now when the parents say that there was abetment by the husband to commit sucide.

IEA 113B. Presumption as to dowry death. ––-

When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death.

Explanation. –– For the purposes of this section, “dowry death” shall have the same meaning as in section 304B of the Indian Penal Code (45 of 1860).]

E.g before her death it must be proven that dowry harassment was done in a reasonable time.

CHAPTER VIII. –– ESTOPPEL

IEA 115. Estoppel. ––

When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.

Illustration

A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.

The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.

CHAPTER IX. –– OF WITNESSES

IEA 118. Who may testify. ––

All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

Explanation. –– A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.

E.g here a 5 year old kid who can understand the question from the magistrate and magistrate believes him, then his evidence can be testified.

IEA 119. Witness unable to communicate verbally. ––

A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral evidence:

IEA 122. Communications during marriage. ––

No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.

E.g cannot force a wife to confess what your husband has told you about the crime he has done.

E.g when the cases between them [husband & wife ], wife can say all the secrecy.

IEA 124. Official communications. ––

No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure.

Dying Declaration: is also taken by a Magistrate and has to tell the magistrate from this court. Assess the mental ability of the person by answering the questions posed by him. If the person is making some signs & gestures that have to be recorded also. Medical certificate has to be obtained.

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8 sep

Daily One Legal Word :

Ex post facto law

An ex post facto law is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.

Conversely, a form of ex post facto law commonly called an amnesty law may decriminalize certain acts. (Alternatively, rather than redefining the relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered.) A pardon has a similar effect, in a specific case instead of a class of cases (though a pardon more often leaves the conviction itself – the finding of guilt – unaltered, and occasionally pardons are refused for this reason).

Other legal changes may alleviate possible punishments (for example by replacing the death sentence with lifelong imprisonment) retroactively. Such legal changes are also known by the Latin term in mitius.

Some common-law jurisdictions do not permit retroactive criminal legislation, though new precedent generally applies to events that occurred before the judicial decision. Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws). In some nations that follow the Westminster system of government, such as the United Kingdom, ex post facto laws are technically possible, because the doctrine of parliamentary supremacy allows Parliament to pass any law it wishes. In a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited.

Daily One Advocacy Rule :

Don't favour the gender discrimination (Female supporting Female, Male supporting Male) in any case as an Advocate. Surely it will harm your law career.

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THE CODE OF CIVIL PROCEDURE, 1908

CPC 2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(1) “Code” includes rules;

(2) “decree” means = formally judge is an expression of judgement / adjudication.

the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within 2 section 144, but shall not include—

E.g decree means formally judgement

E.g decree = may contain all or any of the part of the disputes

E.g decree = will have either preliminary or final

E.g civil suits = complaints are called as “Plaint”

E.g if the “Plaint” is rejected it means the court has issued a decree. There is no ground to proceed with trial.

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

E.g when the applicant is not present in the court then the magistrate will dismiss the Plaint.

E.g the above (a)&(b) is not called as decree

Explanation.—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final

E.g

Legal Terms adjudication = pronouncement of final judgment

CPC (3) “decree-holder” means

any person in whose favour a decree has been passed or an order capable of execution has been made;

Legal Terms :

Plaintiff and Defendant in CPC/ CIVIL

Complaint & respondent in CRPC/ IPC

CPC (10) “judgment-debtor” means - “b” is silent

any person against whom a decree has been passed or an order capable of execution has been made;

CPC (7) “Government Pleader”

includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader;

Legal Terms : GP : Government Pleader for Civil Suits

CPC (9) “judgment” means the statement given by the Judge of the grounds of a decree or order;

E.g here the judgment is dependent on the decree. Decree is finalized first in civil suits.

CPC (11) “legal representative”

means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or suied;

Legal terms:

“Agent” means the owner/ Principle is alive

“legal representative” means the owner /principle is deceased person

“intermeddles” = interferes

CPC (12) “mesne profits” - “s” is silent

of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession;

E.g when improvements have been made and profit is increased, that profit from normal average yOy year on year profits.

CPC (13) “movable property” includes growing crops;

CPC (14) “order” means the formal expression of any decision of a Civil Court which is not a decree;

CPC (15) “pleader” means

any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court;

CPC (17) “public officer” means a person falling under any of the following descriptions, namely :— 8 categories

CPC (20) “signed”, save in the case of a judgment or decree, includes stamped.

Legal Terms: Save = means Except

CPC 3. Subordination of Courts.—

For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.

CPC 6. Pecuniary jurisdiction.—

Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.

E.g depending on the money value : e.g 1.25 lakhs. When the judge has the limitation of 1Lakhs, then have to file in higher court or reduce the amount claim to 1 lakh

CPC Legal Terms Pecuniary means = Money matter

Junior civil court = < 1 L

Senior court/ sub court = 1 to 10 L

District court = 10L >

PART I

SUITS IN GENERAL

JURISDICTION OF THE COURTS AND Res Judicata

CPC 9. Courts to try all civil suits unless barred.—

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

E.g cognizance is either expressly or impliedly barred. = then = when a court is made specifically for a purpose - like agricultural disputes.

CPC 10. Stay of suit.—

No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India have jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.

Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.

Legal Terms :

Cognizance = taking that in their control for trial [Magistrate]

Preclude means does not stopping

CPC 11. Res judicata.—

No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.

Legal Terms Res judicata= judgement is pronounced

E.g when there is a likely chance to file the same SUIT in two different courts, and where one court gives judgment first becomes the former SUIT.

Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto.

Legal terms “former suit” means which is decided first or judgement is given first.

Explanation III.—The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.

E.g when there is a suit on property ; one has to agree this is my property and deny it & say this is my property.

CPC Explanation IV.—Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

E.g might and ought : you have left the opportunity to include the point in the previous suit. Now that point (attack) will not be used as a base for a new suit. 1.25 lakhs

E.g fighting on the whole property of ragini (college) and the court passes the decree to the plaintiff.

Now the plaintiff cannot file a suit to get the property for the house of ragini. The matter for defence becomes the topic “property”. Where the plaintiff was ignorant to include in the whole property.

Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section, be deemed to have been refused.

CPC 12. Bar to further suit —

Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.

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9 sep

Daily One Legal Word :

Injuria sine damno

– Injury without damage

In simple words, Injuria sine damno means Injury without damage or it means infringement of an absolute private right without any actual loss or damage.

Daily One Advocacy Rule :

If you keep silent against any blame made on you, it will be assumed that it is true.

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11 sep

CPC 13. When foreign judgment not conclusive.—

A foreign judgment shall be conclusive as to any

matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except—

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

international law or a refusal to recognise the law of India in cases in which such law is applicable;

E.g should not oppose the Indian Law or international law

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India.

CPC 14. Presumption as to foreign judgments.—

The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

E.g WE believe when the judgement is received that Judgment may have been given by the competent court. Until Contrary opposed or proved to be wrong.

Legal terms Natural Justice = There should not be biased Hearing

PLACE OF SUING

CPC 15. Court in which suits to be instituted.—Every suit shall be instituted in the Court of the lowest grade competent to try it.

CPC 16. Suits to be instituted where subject-matter situate.—

Subject to the pecuniary or other limitations prescribed by any law, suits—

(a) for the recovery of immovable property with or without rent or profits,

(b) for the partition of immovable property,

(d) or the determination of any other right to or interest in immovable property,

(e) for compensation for wrong to immovable property,

(f) for the recovery of movable property actually under distraint or attachment,

shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:

E.g - where the property is situated. Eg in A land in Tirupati then Suit must be instituted in Tirupathi

Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.

CPC 17. Suits for immovable property situate within jurisdiction of different Courts.—

Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts. the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate :

Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.

E.g when two courts are there to file, choose the competent court which has a limit to pronounce the value.

Res Judicata :

E.g NEET case: TN filed in the High court of TN and AP file in High court in AP. When the AP High court has pronounced the judgement before the TN high court.

The AP High court judgement is called as former suit

INSTITUTION OF SUITS

CPC 26. Institution of suits. —

(1) Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

(2) In every plaint, facts shall be proved by affidavit:

Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of rule 15A.

E.g Affidavit : means oath that provided information is true and when found false shall be punished.

E.g plaint = must contain only facts. Don't provide evidences

THE FIRST SCHEDULE

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ORDER I

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(Parties to Suits)

RULES

1. Who may be joined as plaintiffs.

E.g All the NEET - Plaintiffs [Governments]

2. Power of Court to order separate trials.

3. Who may be joined as defendants.

3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.

4. Court may give judgment for or against one or more of joint parties.

5. Defendant need not be interested in all the relief claimed.

6. Joinder of parties liable on same contract.

7. When plaintiff in doubt from whom redress is to be sought.

8. One person may sue or defend on behalf of all in same interest.

8A. Power of Court to permit a person or body of persons to present opinion or to take part in

the proceedings.

9. Misjoinder and nonjoinder.

10. Suit in name of wrong plaintiff.

Court may strike out or add parties.

Where defendant added, plaint to be amended.

10A. Power of Court to request any pleader to address it.

11. Conduct of suit.

12. Appearance of one of several plaintiffs or defendants for others.

13. Objections as to nonjoinder or misjoinder.

THE FIRST SCHEDULE

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CPC ORDER I

Parties to Suits

CPC 1. Who may be joined as plaintiffs.— All persons may be joined in one suit as plaintiffs where—

(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and

(b) if such persons brought separate suits, any common question of law or fact would arise.

E.g Here, there are different suits filed and the court may ask to join the plaintiff.

CPC 2. Power of Court to order separate trial.—

Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient.

E.g When there are more Plaintiffs {e.g 3 here} and one of them is not attending the procedure and delaying the matter. Court will ask for a separate trial excluding the absent one.

CPC 3. Who may be joined as defendants.—All persons may be joined in one suit as defendants where—

Here the defendants are joined together

CPC 8. One person may sue or defend on behalf of all in same interest.—

(1) Where there are numerous persons having the same interest in one suit,—

(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested;

E.g Here there is only one Suit with Many interested Plaintiffs, now one elected on the behalf of them can attend the proceedings.

(b) the Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested.

CPC 9. Misjoinder and nonjoinder.—

No suit shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it:

Legal Terms E.g

Misjoined = has added mistakenly

Nonjoinder = one person name must be added but missed to add the name.

Provided that nothing in this rule shall apply to non-joinder of a necessary party.

E.g There are 3 sons to the father. Now the Suit is initiated by the 2 sons and one is left out. Now court cannot move on forward because the

SUMMONS AND DISCOVERY

CPC 27. Summons to defendants.—

Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed on such day not beyond thirty days from date of the institution of the suit.

CPC ORDER V

Issue and service of summons

Issue of Summons

CPC 1. Summons.—

(1) When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant :

E.g when the summons is received and the defendant has 30 days from the date of receiving to reply.

Provided that no such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiffs claim:

E.g when the defendant is present there during the institution of suit, and admitted the suit then there is no need to serve summons.

Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.

E.g 90 days are given only when written reasons are satisfied by the court.

(2) A defendant to whom a summons has been issued under sub-rule (1) may appear—

(a) in person, or

(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or

E.g How to appear before the court in person or sending his lawyer or [lawyer +a relative/ son/ spouse]

(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be sealed with the seal of the Court.

E.g After depositing all the money, then only they procedure will be started

CPC 2. Copy of plaint annexed to summons.—Every summon shall be accompained by a copy of the plaint.

CPC 3. Court may order defendant or plaintiff to appear in person.—

(1) Where the court sees reason to require the personal appearance of the defendant, the summons shall order him to appear in person in Court on the day therein specified.

(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it shall make an order for such appearance.

Service of Summons

CPC 9. Delivery of summons by Court.—(1) Where the defendant resides within the jurisdiction of the

Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or to such courier services as are approved by the Court.

CPC 28. Service of summons where defendant resides in another State.—

(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.

E.g the summons direct to the local court of the defendant is residing

CPC 31. Summons to witness.—

The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.

CPC 32. Penalty for default.—The Court may compel the attendance of any person to whom a summons -- IMPORTANT

has been issued under section 30 and for that purpose may—

(a) issue a warrant for his arrest;

(b) attach and sell his property;

E.g when the person is absconding

(d) order him to furnish security for his appearance and in default commit him to the civil prison.

CPC 30. Power to order discovery and the like.—Subject to such conditions and limitations as may be

prescribed, the Court may, at any time, either of its own motion or on the application of any party,—

(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;

(b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;

JUDGMENT AND DECREE

CPC 33. Judgment and decree.—

The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.

Legal Terms : Decree will be in ONE sentence / paper [or Order- this house is given to the defendant]

Judgement : why the house was allocated to the defendant is explained in numerous pages.

Legal Terms:

Order in CPC means= How to do.

Sec in CPC means What it means.

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13 Sep

INTEREST

CPC 34. Interest.— important

(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate not exceeding six per cent. per annum as the Court deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit :

E.g in addition to any interest adjudged : before filing the suit for that amount an additional rate of interest will be decided by the court.

E.g now after the decree, till the final amount paid the duration period a interest rate cannot exceed 6%

Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six per cent. per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions.

COSTS

CPC 35. Costs.—

(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.

E.g: Court will decide the cost of the court who has to be barred. Generally the Wrongdoer will have to pay and the reasons will be recorded

(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.

CPC 35A. Compensatory costs in respect of false or vexatious claims or defences.—

(1) If in any suit or other proceedings 2[including an execution proceeding but 3[excluding an appeal or a revision] any party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, 4[if it so thinks fit], may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the object or by the party by whom such claim or defence has been put forward, of cost by way of compensation.

E.g False matter for Instituted Suit: Now the court will direct the Plaint has to bear the court cost and additionally will have to pay compensation

(2) No Court shall make any such order for the payment of an amount exceeding 6[three thousand rupees] or exceeding the limits of its pecuniary jurisdiction, whichever amount is less:

E.g first class magistrate upto 1 lakh

COURTS BY WHICH DECREES MAY BE EXECUTED

CPC 38. Court by which decree may be executed.—A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution.

E.g you must apply for execution of the decree to fulfill the order

E.g when the property is in madurai, have to raise a execution

CPC 37. Definition of Court which passed a decree.—

The expression “Court which passed a decree,” or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,—

(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and

E.g first institution of suit in Madurai and decree was in favor of the plaint. Now the appeal was in Chennai High court was in favour in

(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.

E.g the Court which would have jurisdiction to try such a suit. = this is how the statement must be read

ARREST AND DETENTION

CPC 55. Arrest and detention.—

(1) A judgment-debtor may be arrested in execution of a decree at, any

hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the Courts of such district to be detained:

Provided, firstly that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise:

Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found:

Provided, thirdly that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who according to the customs of the country does not appear in public, the officer authorized to make the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest:

E.g give notice = not a paper notice, it is asking to vacate the room at that moment.

Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.

CPC 46. Precepts.—

(1) Upon the application of the decree-holder the Court which passed the decree may. whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.

CPC 56. Prohibition of arrest or detention of women in execution of decree for money.— important

Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

CPC 57. Subsistence-allowance.—

The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debtors.

E.g when a luxurious person is arrested and demands better facilities in civil prison, the plaintiff has to deposit the money till the debtor has paid the money.

CPC 58. Detention and release.—

(1) Every person detained in the civil prison in execution of a decree

shall be so detained,—

(a) where the decree is for the payment of a sum of money exceeding five thousand rupees,

for a period not exceeding three months, and,

5[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees,

but not exceeding five thousand rupees, for a period not exceeding six weeks.]

E.g if the decree holder is poor, who cannot pay the amount for the debtor to stay in civil prison

E.g sub clause 2&3 order must be received from Court to be released.

CPC 59. Release on ground of illness.—

(1) At any time after a warrant for the arrest of a judgment-debtor has been issued the Court may cancel it on the ground of his serious illness

E.g here person is not arrested

(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison.

(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom—

E.g here the person is sent into the CIVIL Prison

(a) by the State Government, on the ground of the existence of any infectious or contagious disease, or

(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness.

(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in civil prison shall not in the aggregate exceed that prescribed by section 58.

E.g here they will not be sent back to civil prison if the period of three months is over, but will be brought back to court.

PART III

INCIDENTAL PROCEEDINGS

COMMISSIONS

CPC 75. Power of Court to issue commissions.—

E.g here the courts ask the advocates or court officers are sent to perform these activities and courts will pay these officers or advocates .

Subject to such conditions and limitations as may be prescribed,

the Court may issue a commission—

(a) to examine any person;

(b) to make a local investigation;

(d) to make a partition;

(e) to hold a scientific, technical, or expert investigation;

(f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;

(g) to perform any ministerial act.

E.g ministerial act Means = acts which are done by the government

PART IV

SUITS IN PARTICULAR CASES

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

CPC 79. Suits by or against Government.—In a suit by or against the Government, the authority to be named

as plaintiff or defendant, as the case may be, shall be—

(a) in the case of a suit by or against the Central Government, the Union of India, and

(b) in the case of a suit by or against a State Government, the State.

E.g By the government or against the government

CPC 80. Notice.—

(1) Save as otherwise provided in sub-section (2), no suits 8[shall be instituted] against

the Government (including the Government of the State of Jammu and Kashmir)] or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of—

Legal terms : save = except.

(a) in the case of a suit against the Central Government, except where it relates to a railway] a Secretary to that Government;

(b) in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;

and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.

PART VI

SUPPLEMENTAL PROCEEDINGS

CPC 94. Supplemental proceedings.—In order to prevent the ends of justice from being defeated the

Court may, if it is so prescribed, —

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

E.g Here the case is still going on- just the defendant.

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

E.g temporary injunction = temporary order

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

PART VII

APPEALS

APPEALS FROM ORIGINAL DECREES

CPC 96. Appeal from original decree.—

(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.

(2) An appeal may lie from an original decree passed ex parte.

E.g appeal will lie in original decree [court of first instance], can apply for appeal

(3) No appeal shall lie from a decree passed by the Court with the consent of parties.

(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.

E.g no appeal for amounts exceeding 10k. But if there was any injustice in law then can go for appeal.

E.g there is no appeal for amounts less than 10k.

APPEALS FROM APPELLATE DECREES

CPC 100. Second appeal.—

(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.

E.g Second appeal only when the LAW is not properly followed.

(2) An appeal may lie under this section from an appellate decree passed ex parte.

Legal terms : appellant on who goes for appeal

(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

E.g What is the question of the law has to be prescribed clearly

(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.

Legal terms : substantial question = directly related the case

E.g the high court will formulate the question

(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:

Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.

E.g if the court finds that it finds that there are another new matter of law in question, which was not formulated in sub clause 4.

CPC 100A. No further appeal in certain cases.—

Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a

High Court, no further appeal shall lie from the judgment and decree of such Single Judge.

E.g if one high court judge has heard and passed a decree no more appeal stating that only one member heard.

CPC 102. No second appeal in certain cases.—

No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

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14 Sep

GENERAL PROVISIONS RELATING TO APPEALS

CPC 107. Powers of Appellate Court.—

(1) Subject to such conditions and limitaitons as may be prescribed, an Appellate Court shall have power—

(a) to determine a case finally; - e.g taking the case

(b) to remand a case; -

(d) to take additional evidence or to require such evidence to be taken.

PART VIII

REFERENCE, REVIEW AND REVISION

113. Reference to High Court.—

Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit:

E.g Any lower court can send for reference to HIGH court

Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.

E.g : there is a case in lower court : there is an act/ ordinance - when the lower court thinks that this act/ ordinance is not updated. According to our knowledge act/ so and so part is not appropriate. Kindly clear these, so that the case against this can be applied based on HIGH court opinion.

Explanation.—In this section, “Regulation” means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses Act of a State.

CPC 114. Review.—

Subject as aforesaid, any person considering himself aggrieved—

(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.

(b) by a decree or order from which no appeal is allowed by this Code, or

(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

E.g Asking the court - same court which gave the decree/ judgement - to review its judgement.

CPC 115. Revision.—(1) The High Court may call for the record of any case which has been decided by

any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears—

E.g now the high court calls any lower court for any case file for revision

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

the High Court may make such order in the case as it thinks fit:

Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings.

CPC 114 - same court review ; 113 & 115 - HIgh court

All the Judges with in a district are under control of the District Judge

Every month 18 points must be reached for every Judge must give judgments to attain these points.

CPC 139. Oath on affidavit by whom to be administered.—

In the case of any affidavit under this Code—

(a) any Court or Magistrate, or

(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]

(b) any officer or other person whom a High Court may appoint in this behalf, or

(c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf,

may administer the oath to the deponent.

E.g OATH can be taken under these persons only.

CPC 144. Application for restitution.—

(1) Where and in so far as a decree or an order is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or order or such part thereof as has been varied, reversed, set aside or modified; and for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly consequential on such variation, reversal, setting aside or modification of the decree or order.

Legal Terms restitution = bringing back to same position

E.g when the lower court was in favour of the plaintiff - “A” wants to vacate “B” his flat. And the decree was in favour of “A”. Now the appeal by the “B” in appellate court is in favour of “B”. Now “B” will file Application of restitution; returning to her home occupied

CPC 148. Enlargement of time.—

Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period, not exceeding thirty days in total, even though the period originally fixed or granted may have expired.

CPC 148A. Right to lodge a caveat.—

(1) Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court , any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

E.g property dispute between brother & sister. Now I doubt she might file a Civil suit in the court. Now I will file an application of CAVEAT, that whenever there is any suit regarding this matter, inform me.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made, under sub-section (1).

E.g the person who is expected to be make application - the plaintiff,

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

E.g here the notice is given to the caveator - the defendant

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

E.g expenses must be born by the caveator

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.

E.g march 1 the caveat is logged the application will expire on the 90th day.

CPC 152. Amendment of judgments, decrees or orders.—

Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.

Legal Terms: Review means - you are not happy with judgement & there is no chances for further appeal

CPC ORDER II

Frame of Suit

CPC 1. Frame of suit.—

Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them.

CPC 2. Suit to include the whole claim.—

(1) Every suit shall include the whole of the claim which the

plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court.

(2) Relinquishment of part of claim.—

Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.

CPC ORDER IV

CPC Institution of suits

1. Suit to be commenced by plaint.—

(1) Every suit shall be instituted by presenting plaint in duplicate to the Court or such officer as it appoints in this behalf.

(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.

(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).

CPC 2. Register of suits.—

The Court shall cause the particulars of every suit to be entered in a book to be kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year according to the order in which the plaints are admitted.

CPC ORDER VI

Pleadings generally

CPC 1. Pleading.—“Pleading” shall mean plaint or written statement.

CPC 2. Pleading to state material facts and not evidence.—

(1) Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.

E.g Only Facts are required in the plaint. Evidence should not be proved

(2) Every pleading shall, when necessary, be devided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.

CPC 4. Particulars to be given where necessary.—

In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading

E.g Need particulars whichever are necessary on - [misrepresentation, fraud, breach of trust, wilful default, or undue influence] provide the dates & documents.

CPC 14. Pleading to be signed.—Every pleading shall be signed by the party and his pleader (if any) :

Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf

CPC 16. Striking out pleadings.—

The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading—

(a) which may be unnecessary, scandalous, frivolous or vexatious, of

(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or

E.g can strike out the pleading any unnecessary

CPC 17. Amendment of pleadings.—

The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties :

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

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5 oct

CPC ORDER XXXII

Suits by or against Minors and Persons of Unsound mind

CPC 1. Minor to sue by next friend.—

Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.

E.g when crime happened there is no age concept happens, any aggrieved person approaches

E.g when a minor is raped or a orphan is raped or robbed

E.g Here it is civil suits hence a guardian is required.

CPC ORDER XXII

Death, Marriage and Insolvency or Parties

CPC 1. No abatement by party's death if right to sue survives.—

The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.

E.g when the borrower is dead then wife/ son/ daughter are responsible to pay back to Lender.

E.g then everyone will get money and give to their children and commit sucide

PART V

SPECIAL PROCEEDINGS

ARBITRATION

CPC 89. Settlement of disputes outside the Court.—

(1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for :—

(a) arbitration; - [listen to both the parties, who is not A judge]

(b) conciliation; - [judicial parties]

(d) mediation. -

E.g here the suit is sent outside the special court. I.e is only for civil cases.

E.g Criminal cases : there is no mediation

E.g when adultery is committed. The person who is committed

Legal Terms

Decree is passed

Order is made

Judgement is published

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6 Oct

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

Legal Terms : In every bare Act the definitions are important to understand

DVA 2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “aggrieved person”

means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;

E.g domestic violence means - not only with husband, own family or siblings

(b) “child”

means any person below the age of eighteen years and includes any adopted, step or foster child;

(f) “domestic relationship”

means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;

E.g consanguinity - same ancestors

E.g nature of marriage - live-in relationship

E.g only these 5 relationship

(i) “Magistrate” means the Judicial Magistrate of the first class

or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973(2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place;

(k) “monetary relief”

means the compensation which the Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of the domestic violence;

(q) “respondent”

means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:

Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;

E.g Adult means - fully grown (14 or 15 years - concept of puberty)

E.g when women is involved in the case- Age,

(s) “shared household”

means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household;

E.g must have stayed with the respondent is the key

CHAPTER II

DOMESTIC VIOLENCE

DVA 3. Definition of domestic violence.—

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

E.g Physical abuse - harms or injures or endangers the health

E.g Sexual abuse - degrades/ humiliates / dignity of Women

E.g Abuse - bad effect on you

E.g Verbal abuse - not able to give birth to male child is verbal abuse.

E.g Emotional abuse - if your father is not giving money, then i will slap your father.

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Explanation I.—For the purposes of this section,—

(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;

(iii) “verbal and emotional abuse” includes—

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested;

(iv) “economic abuse” includes—

(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;

CHAPTER III

POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, ETC.

DVA 4. Information to Protection Officer and exclusion of liability of informant.—

(1) Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer.

(2) No liability, civil or criminal, shall be incurred by any person for giving in good faith of information for the purpose of sub-section (1).

DVA 5. Duties of police officers, service providers and Magistrate.—

A police officer, Protection Officer, service provider or Magistrate who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him, shall inform the aggrieved person—

E.g Protection officer means -

(a) of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under this Act;

E.g Can make more than one order and/ or All order

(b) of the availability of services of service providers;

E.g what are the service provided

(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);

(e) of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860),wherever relevant:

E.g 498A. Husband or relative of the husband of a woman subjecting her to cruelty.

Provided that nothing in this Act shall be construed in any manner as to relieve a police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.

E.g when a received information of Cognizable Offences has to go for investigation

DVA 8. Appointment of Protection Officers.

(2) The Protection Officers shall as far as possible be women and shall possess such qualifications and experience as may be prescribed.

DVA 9. Duties and functions of Protection Officers.—

(1) It shall be the duty of the Protection Officer—

(a) to assist the Magistrate in the discharge of his functions under this Act;

(b) to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;

E.g Protection officer is only to help the Magistrate.

(c) to make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;

E.g when aggrieved person needs protection then Protection officer must make a application

(d) to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to be made;

(e) to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate;

DVA 10. Service providers.—

(1) Subject to such rules as may be made in this behalf, any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or a company registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force with the objective of protecting the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance shall register itself with the State Government as a service provider for the purposes of this Act.

(2) A service provider registered under sub-section (1) shall have the power to—

(a) record the domestic incident report in the prescribed form if the aggrieved person so desires and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in the area where the domestic violence took place;

(b) get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer and the police station within the local limits of which the domestic violence took place;

(c) ensure that the aggrieved person is provided shelter in a shelter home, if she so requires and forward a report of the lodging of the aggrieved person in the shelter home to the police station within the local limits of which the domestic violence took place.

E.g Service provided insurance is getting a shelter home

(3) No suit, prosecution or other legal proceeding shall lie against any service provider or any member of the service provider who is, or who is deemed to be, acting or purporting to act under this Act, for anything which is in good faith done or intended to be done in the exercise of powers or discharge of functions under this Act towards the prevention of the commission of domestic violence.

E.g No concept of Suit or Prosecution or legal against Service Providers

DVA 11. Duties of Government.—The Central Government and every State Government, shall take all measures to ensure that—

(a) the provisions of this Act are given wide publicity through public media including the television, radio and the print media at regular intervals;

(b) the Central Government and State Government officers including the police officers and the members of the judicial services are given periodic sensitization and awareness training on the issues addressed by this Act;

CHAPTER IV

PROCEDURE FOR OBTAINING ORDERS OF RELIEFS

DVA 12. Application to Magistrate.—

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

E.g with 60 days DVC must be disposed or closed

DVA 14. Counselling.—

(1) The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a service provider who possess such qualifications and experience in counselling as may be prescribed.

(2) Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of hearing of the case within a period not exceeding two months.

DVA 16. Proceedings to be held in camera.—

If the Magistrate considers that the circumstances of the case so warrant, and if either party to the proceedings so desires, he may conduct the proceedings under this Act in camera.

E.g closed court proceedings

DVA 17. Right to reside in a shared household.—

(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.

(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.

Legal Terms : ex parte - in the absence of the other party.

DVA 34. Cognizance of offence committed by Protection Officer.—

No prosecution or other legal proceeding shall lie against the Protection Officer unless a complaint is filed with the previous sanction of the State Government or an officer authorised by it in this behalf.

Important section 3

with in 3 days first hearing

Sent for counselling- first hearing within 60 Days

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7 OCT

THE TRANSFER OF PROPERTY ACT, 1882

TPA 3. Interpretation-clause.—In this Act, unless there is something repugnant in the subject or context,—

“immoveable property” does not include standing timber, growing crops or grass;

“instrument”, means a non-testamentary instrument;

E.g testamentary means- how property is divided

“attested”,

in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses “each of whom has seen” the executant sign or affix his mark to the instrument,

E.g Minimum 2 witness and they must see the person/ executant signing the document.

or has seen some other person sign the instrument in the presence and by the direction of the executant, or

has received from the executant a personal acknowledgement of his signature or mark,

E.g received a personal acknowledgement from the executant- received a call from the executant that “i have transferred the whole property to my daughter.”

or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary;

E.g it is not necessary that both the witnesses need not be present at same time.

“attached to the earth” means—

(a) rooted in the earth, as in the case of trees and shrubs;

(b) imbedded in the earth, as in the case of walls or buildings; or

CHAPTER II1

OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

(A) Transfer of property, whether moveable or immoveable

TPA 5. “Transfer of property” defined.—

In the following sections “transfer of property” means an act by .which “a living person conveys property, in present or in future,” to one or more other living persons, or to himself, 2[or it himself] and one or more other living persons; and “to transfer property” is to perform such act.

E.g Transfer of property - must happen between Living persons only.

In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.

TPA 6. What may be transferred.—Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force:

E.g below points - where these properties cannot be transferred

(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred.

E.g when you have got a 50L loan, now you promise that when the uncle is dead, the property will become mine and then will transfer this property. This is not Valid.

(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby.

E.g have given a property to the person and condition that you must open a school. But the person opened a coffee shop. Now there is a breach of condition.

condition subsequent - after the property is transferred and what are the conditions laid after the transfer is called condition subsequent.

TPA 7. Persons competent to transfer.—

Every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property either wholly or in part and either absolutely or conditionally, in the circumstances, to the extent and in the manner, allowed and prescribed by any law for the time being in force.

TPA 9. Oral transfer.—A transfer of property may be made without writing in every case in which a writing is not expressly required by law.

E.g when I'm giving my mobile to a friend, the law is not asking to register.

CHAPTER III

OF SALES OF IMMOVABLE PROPERTY

TPA 54. “Sale” defined.—”Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

Sale how made.—Such transfer, in the case of tangible immovable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.

E.g tangible means- which can be touched

In the case of tangible immovable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property.

Delivery of tangible immovable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.

Contract for sale.—A contract for the sale of immovable property is a contract that a sale of such property shall “take place on terms settled between the parties.”

It does not, of itself, create any interest in or charge on such property.

E.g Sale contract - does not create any interest to create any power until money or possession is transferred

TPA 55. Rights and liabilities of buyer and seller.—

(1) The seller is bound—

(a) to disclose to the buyer any material defect in the property 3[or in the seller‟s title title thereto] of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover;

CHAPTER VII

OF GIFTS

TPA 122. “Gift” defined.—

“Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

Acceptance when to be made.—Such acceptance must be made during the lifetime of the donor and while he is still capable of giving,

If the donee dies before acceptance, the gift is void.

E.g son of the Donee - accepting on behalf means - the person must be alive during the acceptance of Gift.

TPA 123. Transfer how effected.—

For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

For the purpose of making a gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.

TPA 124. Gift of existing and future property.—A gift comprising both existing and future property is void as to the latter.

E.g void as the latter - means any future property mentioned is void.

TPA 125. Gift to several, of whom one does not accept.—

A gift of a thing to two or more donees, of whom one does not accept it, is void as to the interest which he would have taken had he accepted.

E.g when a gift is given to 4 people and one does not accept it. - only the person who has been rejected will become VOID.

TPA 126. When gift may be suspended or revoked.—

The donor and done may agree that on the happening of any specified event which does not depend on the will of the donor a it shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part at the mere well of the donor is void wholly or in part, as the case may be.

E.g which does not depend on the will of the donor :- donor must not have the control of the condition to happen

E.g the manager gave a house as a gift with a condition. If you lose the job in 3 months you will revoke the gift. Now the donor has complete control on revocation. This revocation condition is VOID, but the gift is valid.

A gift also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded.

Save as aforesaid, a gift cannot be revoked.

Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.

E.g once the Gift is given, cannot be taken back

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8 OCT

TPA 127. Onerous gifts.—

Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not burdened by an obligation, the done can take nothing by the gift unless he accepts it fully.

E. g A single transfer will be made- with several items in the gifts. Now either you can accept everything. When you refuse any one item. THe gift will become VOID.

Where a gift is in the form of two or more separate and independent transfers to the same person of several things, the done is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous.

E.g when there are separate transfers, made many times. Now the Donee can accept any one or all and can reject any one of his like.

Onerous gift to disqualified person.— “A donee not competent to contract” and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound.

TPA 6. What may be transferred.—Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force:

E.g anything can be transferred and the 10 things mentioned cannot be transferred as gifts.

(a) “The chance of an heir-apparent” succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred.

E.g here when my sister dies, I will get the property. THen i will give the land to you and get the money for it now. - this is invalid

(b) “A mere right of re-entry” for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby.

condition subsequent- after getting the property these conditions must be met.

E.g if you make default on the rent for two months, then the right to reenter is given to Owner of the land alone.

E.g so the owner cannot ask someone to continue the lease from the defaulted two months rent.

E.g easement right :- there are 2 farmland owners.

When A grows crops, the B keeps the land vacant so that A can use this place to store cut crops & other activities.

The Same B grows the crop the same A will keep the LAnd vacant.

This is called easement right.

Now a Third party approaches A, when he is growing crops and asks the A can he also use the Vacant Land. A allows you to use it. THis is Void because A is transferring the easement right, which is not allowed.

When the Property is sold, automatically the easement rights are sold with it .

E.g Easement right - while reaching the farmland which is surrounded by other farm lands. To reach my land, I have to cross these lands. The others cannot stop me from crossing their lands to reach my land. This is called easement right.

(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him.

E.g when you have given your building to lease for a BAR, now the BAR owner gives special right to get access to BAR 24/7 but the regulation is to open the BAR till 11PM. When the building is sold, this special right cannot be transferred when sold.

(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.

(e) A mere right to sue cannot be transferred.

E.g when A gets money from B, then only B can sue the A. THis cannot be transferred

(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable.

E.g When the Judge is returning, he wants to transfer the JOB to his Son. this not acceptable and VOID

(g) Stipends allowed to military, 6[naval], 7[air-force] and civil pensioners of 8[the Government] Government] and political pensions cannot be transferred.

E.g MLA / MP will get pensions after 5 years. Now I got selected for a second term. There will be 2 pensions for life time.

(h) No transfer can be made

(1) in so far as it opposed to the nature of the interest affected thereby, or

E.g condition - you cannot sell this to any BAR & restaurant. Now when you try to sell to BAR, then the nature of interest is affected.

(2) 9[an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872), or

(3) to a person legally disqualified to be transferee.

(i) Nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy,

the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a court of Wards, to assign his interest as such tenant, farmer or lessee.

Legal terms

Secure debt : When money is lent against any valuable which is kept as security.

Unsecured debt : when there is no security is provided, can go to court to get the actionable claim

“actionable claim”

means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accuring, conditional or contingent;

CHAPTER IV

OF MORTGAGES OF IMMOVABLE PROPERTY AND CHARGES

TPA 58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.—

(a) A mortgage is the

“transfer of an interest in specific immovable property” for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability.

E.g when the House is kept for Mortgages only the transfer of interest is done. There is no sale.

“The transferor is called a mortgagor”, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being arc called the mortgage-money, and the instrument (if any) by which the transfer is effected is called a mortgage-deed.

(b) Simple mortgage.—

Where, “without delivering possession of the mortgaged property,” the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.

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10 OCT

(c) Mortgage by conditional sale.—

Where the mortgagor ostensibly sells the mortgaged property—

on condition that on default of payment of the mortgage-money on a certain date the sale shall become absolute, or

E.g kept a condition while selling the property - this sale will become void if not pay the full money by the 21 of the month

on condition that on such payment being made the sale shall become void, or

on condition that on such payment being made the buyer shall transfer the property to the seller,

the transaction is called a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale:

1[Provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale.]

(d) Usufructuary mortgage.—

Where the mortgagor delivers possession 2[or expressly or by implication binds himself to deliver possession] of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property 3[or any part of such rents and profits and to appropriate the same] in lieu of interest, or in payment of the mortgage-money, or partly in lieu of interest 4[or] partly in payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee.

E.g Gave the possession of the Flat to the Bank and now the rent from the flat will go to the bank. Until the money is paid back to the bank the profit from the possession will go to the Bank

(e) English mortgage.—

Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage.

E.g you will completely sell it and make a condition that i will pay the full money on that particular day, Then they have to re-transfer back the property.

(f) Mortgage by deposit of title-deeds.-

E.g like in the village, deposit the House papers and get money.

(g) Anomalous mortgage.—

A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.]

E.g Not any of the above provided mortgages - link combination of any two can be called as Anomalous mortgage.

CHAPTER V

OF LEASES OF IMMOVABLE PROPERTY

TPA 105. Lease defined.—

A lease of immovable property “is a transfer of a right to enjoy such property”, made for a “certain time”, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.

Lessor, lessee, premium and rent defined.—The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.

TPA 10.Condition restraining alienation.—

Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, “the condition or limitation is void”, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him:

provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.

E.g when there is absolutely stopping the transferee- to sell the property. This condition means this becomes VOID.

E.g Conditions :- you cannot stay in this property, but giving to you as GIFT

TPA 11. Restriction repugnant to interest created.—

Where, on a transfer of property, an interest therein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receive and dispose of such interest as if there were no such direction.

E.g when the transfer of the property with conditions how you must use these properties- this also becomes Invalid.

Where any such direction has been made in respect of one piece of immovable property property for the purpose of securing the beneficial enjoyment of another piece of such property, nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof.

E.g when there are adjacent properties, when there are conditions laid, when these are not followed the other property will be affected. Then this must be valid.

TPA 13. Transfer for benefit of unborn person.—

Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.

Illustration

A transfers property of which he is the owner to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor for the eldest son of the intended marriage for life, and after his death for A's second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A's remaining interest in the property.

E.g B is working in the TRUST of “A”.

B has to take care of A & wife till their death.

Now the eldest son must get married for life then only this property will be transferred to “A’s eldest son”.

E.g SEC(5) TP Act, Transfer of property can take place only between two living persons

E.g when “A” doesn't have any kids, and they die of old age. Now “B” can enjoy this till his life, after he is dead. Now the property will go back to the next kin of “A”.

TPA 14. Rule against perpetuity.— perpetuity means = forever

No transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong.

E.g you cannot transfer the property for ever - like my son , my grandson, & his son, etc.

E.g only one person's life interest can be transferred. I.e to your son/daughter

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5 Jan 2021

THE INDIAN EASEMENT ACT 1882

CHAPTER I

OF EASEMENTS GENERALLY

EA 4. “Easement” defined.—

An easement is a right which the owner or occupier of certain

land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do

something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

Dominant and servient heritages and owners.—The land for the beneficial enjoyment of which

the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.

Illustrations

E.g

When “A” is living in building “Z” and drawing water from plot “Y”.

(d) A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on

B’s field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of C’s tank, or timber out of D’s wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees on E’s land. These are easements.

E.g A is having a cattle he can push them to B’s field for grazing

All these easement rights can be enjoyed only when staying in this dominant property.

E.g When there is any loss or trouble to the other owner the(servint owner) the dominant owner who is enjoying the easement right, will loose these rights

(e) A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and repassing.

This right is not an easement.

E.g here the land owner has allowed the public to pass through for some years. Now the owner wants to build and close the plot. Now the public wants the path to be opened.

But the court rejected bcoz they are not dominant owners- they don't have any property next to the claimed easement right.

EA 5. Continuous and discontinuous, apparent and non-apparent, easements.—

Easements are

either continuous or discontinuous, apparent or non-apparent.

A continuous easement is one whose enjoyment is, or may be, continual without the act of man.

A discontinuous easement is one that needs the act of man for its enjoyment.

An apparent easement is one the existence of which is shown by some permanent sign which, upon

careful inspection by a competent person, would be visible to him.

A non-apparent easement is one that has no such sign.

Illustrations

(a) A right annexed to B’s house to receive light by the windows without obstruction by his neighbour A.

This is a continuous easement.

(b) A right of way annexed to A’s house over B’s land. This is a discontinuous easement.

(c) Rights annexed to A’s land to lead water thither across B’s land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements.

E.g what is the proof, where is the drain that is passing through the land. Apparent means - visible.

(d) A right annexed to A’s house to prevent B from building on his own land. This is a non-apparent easement.

E.g thulasi and Gou are neighbours, after 50 years when the grandchildren came to visit, they cannot understand why was any building constructed. No visible reasons found- this is non-apparent easement.

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6 Jan 2021

CHAPTER II

THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS

EA 8. Who may impose easements.—

An easement may be imposed by any one in the circumstances,

and to the extent, in and to which he may transfer his interest in the heritage on which the liability is

to be imposed.

Illustrations

(a) A is a tenant of B’s land under a lease for an unexpired term of twenty years, and has power to transfer his interest under the lease. A may impose an easement on the land to continue during the time that the lease exists or for any shorter Period.

E.g A is the tenant and has the power to transfer his interest - in this case.

EA 9. Servient owners.— important sec

Subject to the provisions of section 8, a servient owner may impose on the servient heritage any easement that does not lessen the utility of the existing easement. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.

E.g

There are 2 crops “A” - dominant owner enjoying easement right on the adjustment crop from “B”

Here whatever rule or adjustment is made must not change the right of easement.

Eg. now you were using the tracker though the middle of the land and now u will use the right of the land path

Illustrations

(a) A has, in respect of his mill, a right to the uninterrupted flow thereto, from sunrise to noon, of the water

of B’s stream. B may grant to C the right to divert the water of the stream from noon to sunset: provided that

A’s supply is not thereby diminished.

Legal terms : wherever there is “or” then they are the First party

EA 10. Lessor and mortgagor.— important sec

Subject to the provisions of section 8, a lessor may impose, on the

property leased, any easement that does not derogate from the rights of the lessee as such, and a mortgagor may impose, on the property mortgaged, any easement that does not render the security insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose any other easement on such property, unless it be to take effect on the termination of the lease or the redemption of the mortgage.

E.g : whatever may impose, the value of the security must not be decreased.

When a gold ring is pledged for security. When a gold ring is cut into half, the value of the gold ring is reduced.

Explanation.—

A security is insufficient within the meaning of this section unless the value of the

mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the

amount for the time being due on the mortgage.

EA 11. Lessee.— important sec

No lessee or other person having a derivative interest may impose on the property

held by him as such an easement to take effect after the expiration of his own interest, or in derogation of the right of the lessor or the superior proprietor.

E.g A has taken the land for 10 months lease, can only enjoy the easement right till the end of 10 months right.

E.g when the owner has sold the plot to a new person. Now the new owner has imposed restrictions or reduced the easement rights. Then the new imposed easement rights will take place.

CHAPTERVI

LICENSES

EA 52. “License” defined.— important sec

Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.

E.g Easement or interest is not license

Legal terms : only immovable property can get a license under the easement act.

EA 53. Who may grant license.—

A license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.

E.g anyone who has the interest in that property and until the permitted interest for the owner, can allow the license.

Legal term : FIR Is registered and Case is filed, FIR cannot be squashed in Cognizable offences. 320 CRPC regarding compoundable offences.

Minor Acts are dependent on Major acts : this is the reason called as Criminal Major Acts

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8 Jan 2021

Revision of major Laws

IPC sec 3 & 4 :

any vessel which is registered in INDIA, where ever this vessel is there that vessel is bound by INDIAN Laws

IPC 76 to 106 :

General exceptions : from IPC 76 to 106 : if these exceptions are not present then the innocents will be punished

IPC Sec 82 & 83 :

When age is 6 yrs 364 days means still under seven years of age

When age is 6 yrs 365 days means Seven yrs 0 days, this does not fall under seven years of age, as per the act.

IPC Sec 107, 120A & 120B :

Where 2 persons planning for a murder and overheard by a police. Now the police cannot arrest just because they are only speaking.

Now they are further saying that, next they will start to buy a knife. Now the police can arrest the persons when they start

IPC sec 34

Poster Master Murder case : search in Google.

IPC Sec 141 & 149

Incorporeal : which is not physically present.

E,g husband needs to provide the wife with food, cloths, which is not a physical contract, but an incorporeal right of the wife.

IPC sec 24 & 425

Dishonestly and Mischief

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11 JAN 2021

Revision of ACT

Can a child under 6 years be considered and conviction can be given?

Ans: based on the facts of the case like:

E.g father killed the mother in front of the child.

Whenever there is no direct evidence, based on the circumstances evidence is used to pronounce

Revision of ACT

What is warrant cases / summons case

FIR is registered under CRPC 154, when police not registering

For Non Cognizable cases there is no FIR registered and for civil cases must be registered with the Magistrate.

Warrant Means to arrest and bring or produce immediately before the court

Summons means request to appear on the specified

wrongful restraint

Trespass : entering without permission

Accomplice : the partner in crime

WILL : comes only after person dies

Kidnapping: without concern taken out of the person.

Abduction : deceitful means induced.

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Complete Link:

Criminal Major Acts: Google DOCs for better reading

Updated : 2021

Key word search:

THE INDIAN PENAL CODE, 1860 [IPC], THE CODE OF CRIMINAL PROCEDURE, 1973 [CRPC], THE HINDU MARRIAGE ACT, 1955 [HMA], THE INDIAN EVIDENCE ACT, 1872 [IEA], THE CODE OF CIVIL PROCEDURE, 1908 [CPC], THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 [DVA], THE TRANSFER OF PROPERTY ACT, 1882 [TPA], THE INDIAN EASEMENT ACT, 1882 [IEA], THE LIMITATION ACT, 1963 [LIA],

THE INDIAN PENAL CODE THE CODE OF CRIMINAL PROCEDURE THE HINDU MARRIAGE ACT THE INDIAN EVIDENCE ACT THE CODE OF CIVIL PROCEDURE THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT THE TRANSFER OF PROPERTY ACT, THE INDIAN EASEMENT ACT THE LIMITATION ACT

#IPC #CRPC #DVA #HMA

Criminal Major Acts

a Handbook of notes

Law of India

Indian law books

Indian law bare acts

HOME LAB : HANDS-ON

Criminal Major

Criminal Major Acts

Introduction

Disclaimer

Acknowledgments

CONTENTS

01 THE INDIAN PENAL CODE, 1860 [IPC]

02 THE CODE OF CRIMINAL PROCEDURE, 1973 [CRPC]

03 THE HINDU MARRIAGE ACT, 1955 [HMA]

04 THE CODE OF CRIMINAL PROCEDURE, 1973 [Continuation] [CRPC]

05 THE INDIAN EVIDENCE ACT, 1872 [IEA]

06 THE CODE OF CIVIL PROCEDURE, 1908 [CPC]

07 THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 [DVA]

08 THE TRANSFER OF PROPERTY ACT, 1882 [TPA]

09 THE INDIAN EASEMENT ACT, 1882 [IEA]

10 THE LIMITATION ACT, 1963 [LIA]

#LAW :Coaching Class : Criminal Major Acts :

16 Jul

Daily One Law Word :

Learn Daily One Advocacy Rule :

17 July

Daily One Legal Word :

Habeas Corpus

Daily One Advocacy Rule :

18 July

Daily One Legal Word :

Quid pro quo :

Daily One Advocacy Rule :

19 July

Daily One Legal Word :

Audi alteram partem

Daily One Advocacy Rule :

THE INDIAN PENAL CODE, 1860

e.g. - The honeymoon couple went to Sri Lanka and due to a quarrel he killed the wife and came back to india.

Legal Terms

Major Act Applicable in Entire India.

Minor Law is applicable for local government.

20 July : Monday

Daily One Legal Word :

Prima facie

Daily One Advocacy Rule :

**Definition of CRIME is not in IPC

**Offence is defined under sec 40.

Local Law : made by states

IPC 41. “Special law”:–

IPC 42. “Local Law” :-

IPC 43. “Illegal”; “legally bound to do:-

IPC 44. Injury :

IPC 45. Life :

IPC 46. Death :

IPC 53. “Punishments”

Legal Terms

IPC 47. “Animal”:–

Legal Terms:

use the legal terminologies and will create impact on the Judges

All the judges will wait for the respect and they will not act until you show to respect"

IPC 48. Vessel :

IPC 49. “Year”, “Month" :-

IPC 50. “Section” :-

IPC 51. Oath :

Legal Term

IPC 52. “Good faith”:–

IPC 52A. Harbour : Important section :

IPC 157. Harbouring persons hired for an unlawful assembly.

IPC 158. Aiding escape of, rescuing or harbouring such prisoners.

Difference B/w Section and clause

IPC 19. “Judge :

IPC 20. “Court of Justice”:–

IPC 21. “Public Servant" : -

Second:–

Third:–

Fourth:–

Fifth:–

Sixth:–

Seventh:

Eighth:

Ninth:

Tenth:

Eleventh:–

IPC // Important sections in IPC//

IPC //Case laws//