WRONGFUL CONFINEMENT

Section 340 defines “wrongful confinement," while section 342 specifies the penalty for it.  It states that if a person is stopped from going above the limit set by them, it is offensive when they are illegally forcing the victim to go beyond that limit.  The Indian Constitution's Articles 19 and 21 provide everyone the right...

IRON MAN OF INDIA

Vallabhbhai Patel, well known as Sardar Patel, was an Indian lawyer and statesman who served as a leader of the Indian National Congress throughout the independence struggle. He was born on October 31, 1875, in Nadiad, Gujarat, India, and died on December 15, 1950, in Bombay [now Mumbai]. He was deputy prime minister, minister of...

WRONGFUL RESTRAINT

Articles 19 and 21 of the Indian Constitution grants everyone the right to freedom of movement and personal liberty throughout the country.  In order to achieve the Constitution's goal, the Indian Penal Code establishes penalties for anybody who infringes on another's freedom of movement or personal liberty. This is done to protect an individual's right...

CRIMINAL BREACH OF TRUST

Offenses against property are covered by Chapter XVII of the Indian Penal Code of 1860. Under this Chapter, criminal breach of trust is regarded a crime against property, and Sections 405 to 409 deal with the specific provisions relating to criminal breach of trust. The definition of criminal breach of trust provided under Section 405...

ABETMENT: INTRODUCTION

The idea of abetment broadens the scope of criminal law to include these criminal intentions and punishes them even if the individual who bought the knife did not kill anyone but gave it to someone else to do so.  The word 'abet' needs be examined closely in order to explain the concept of abetment. It...

MISCHIEF

Mischief in IPC was written with the goal of providing protection against property destruction that results in unjust loss or damage to the public or an individual. It's an outgrowth of the legal maxim “sic utretuoleadas”, which means "use your own property, but not in a way that harms your neighbor's or other's." EXAMPLE- "A"...

ANTICIPATORY BAIL

The right to liberty is sanctified as one of the fundamental rights in Article 21 of the Indian Constitution, and its practise is prescribed in Article 22(2) as a working theorem and its corollaries in Sections 436, 437, and 439 of the Code of Criminal Procedure, 1973 with a new multiple of Anticipatory Bail. The...

UNLAWFUL ASSEMBLY

'All people shall have the right to gather peacefully and without armaments,’ according to Article 19 (1)(B) of the Indian Constitution. This means that Indian citizens have the freedom to meet and organize public gatherings or even processions at their leisure.  However, under clause 3 of Article 19 of the Constitution of India, the state...

CHEATING IS AN OFFENCE

The Indian Penal Code considers cheating to be a criminal offence. It is done in order to get an advantage or acquire money from another person via deception. The individual who deceives another is well aware that he or she is putting the other person in an unfavorable situation. Cheating is a criminal offence under...

AFFRAY

There are some unsettling elements in society who, whether unintentionally or purposely, create a sense of hostility and disrupt societies tranquillity. 'Affray' is derived from the French word 'affraier,' which meaning 'to terrify.' As a result, it is seen as a public offence that provokes public dread. If an alarm of terror was caused to...

Patent Law in India

A patent is the government's exclusive right to prevent others from using, making, or selling an innovation for a set period of time. For improvements to their earlier invention, a patent is also attainable. The basic goal of patent legislation is to encourage innovators to contribute more to their fields by giving them exclusive rights...

RIOTING

Rioting is dealt with under sections 146 and 147 of the IPC. It usually occurs as a form of protest or in response to a perceived threat or grievance. Rioting occurs when a group of individuals, or any individual within that group, commits an offence. The presence of at least 5 people is required for...

” IGNORANCE OF LAW , IS NO EXCUSE”

The law is defined as a regime that governs human activities and relationships by the systematic application of the force of a politically organised society or through social pressure in such a society. Everyone is expected to respect and obey the law in the legal system. With a few exceptions, practically all of our actions...

UBI JUS IBI REMEDIUM

Ubi Jus Ibi Remedium is a Latin maxim that says, where there's a wrong, there's a remedy.  If a crime is committed, the law gives a means of redress. The maxim can be stated as follows: "No one will suffer a wrong without a remedy," which suggests that if a right has been proven to...

INTERNATIONAL MONETARY FUND

Following the Bretton Woods Conference, the year before, the IMF was formally established in 1944. It was founded, along with its sister organisation, the World Bank, to prevent economic disasters like the Great Depression. It is a United Nations specialised organisation that is governed by its 190 member countries. Any country that conducts foreign policy...

SURVIVAL OF FITTEST

The word was coined by English sociologist and philosopher Herbert Spencer in his book Principles of Biology, published in 1864.  Also, the term "survival of the fittest" was coined by British naturalist Charles Darwin in the fifth edition of “On the Origin of Species” (published in 1869), which argued that creatures that are best adapted...

RIGHT TO SLEEP

Sleep is a necessary component of a healthy human existence and well-being. A person's right to live in a healthy environment is violated when he is denied sleep. This right, like all others, is subject to reasonable limitations imposed by law. Noise or other disturbances can impinge on it. Noise is recognized as a pollutant...

RIGHT TO PRIVACY

Privacy is an undisputed right of a person who is intimately linked to his or her life. When privacy is mistreated or invaded illegitimately by wrongdoers, it becomes a source of contention. Self-inflicted privacy violations are less effective than those perpetrated by a third party. The revealing of private information by a third party causes...

ZERO FIR

Anyone with the information about the commission of an offence may provide it to the police. The information regarding the commission of a cognizable offence transmitted to the police officer is known as a FIR (First Information Report), and the individual delivering the information is known as the Informant. An FIR has significantly more evidential...

DOCTRINE OF ECLIPSE

The Doctrine of Eclipse is based on the notion that a legislation that violates Fundamental Rights is not null and void from the start, but only becomes unenforceable, or stagnates. "It is overshadowed by Fundamental Rights and sleeps, but it is not dead." Such laws aren't completely eliminated from the legislation. If a law is...