Introduction Under English law conspiracy is said to be committed if two or more person agrees together to do something contrary to law, or wrongful and harmful towards another person, or to use unlawful means in the carrying out of an object not otherwise unlawful, the persons who agree commit the crime of conspiracy. A criminal conspiracy is… Read More »
The Doctrine of Mens Rea Mens rea refers to the mental element necessary for a particular crime. Mental element may be either intention to do the act or bring about the consequence or in some crimes recklessness as to that consequence. It implies a blameworthy condition of mind which involves a knowledge of the character of the act… Read More »
The Indian Penal Code is one of the most unique and spectacular Penal Law Code entailing a number of crimes, their scope, nature and punishments thereof. It is best-taken care in the hands of Judiciary, Law practitioners, academicians, students and law learners. The Indian Penal Code indirectly owes its origin to Jeremy Bentham, who is a well-known jurist… Read More »
DEFINITION Forgery, which is an offence under the Indian Penal Code 1860 is defined in section 463. The very basis of the offence of forgery is the making of false documents with the criminal intention to cause damage to any person. The making of a false document by itself is not punishable in Indian penal code (hereinafter referred… Read More »
Introduction The criminal law outlines different punishments for various crimes. But a person may not always be punished for a crime that he/she has committed. The Indian Penal Code, 1860 recognizes defenses in chapter four under the heading ‘General Exceptions.’ Sections 76 to 106 of the IPC cover these defenses. The law offers certain defenses that exculpate criminal… Read More »
Section 34 is an instance of constructive criminality, i.e. liability of all for the acts of one or some of them. Sections 149, 349 and 460 of IPC also deal with constructive criminality. The essence of liability under section 34, is the conscious meeting of minds of persons participating in the criminal action to bring about a particular… Read More »
Homicide is the highest order bodily injury that can be inflicted on a human body. It has from earliest times been considered most heinous offences. The word comes from Latin where ‘homo’ means ‘man’ and ‘cide’ means ‘I cut’. Thus homicide means the killing of a man by man. The homicide may be lawful or unlawful. Culpable homicide means… Read More »
Clauses 1-4 of Section 300 provide the essential ingredients, wherein culpable homicide amounts to murder. Section 300 after laying down the cases in which culpable homicide becomes murder, states certain exceptional situations under which, if murder is committed, it is reduced to culpable homicide not amounting to murder punishable under section 304, IPC and not under section 302,… Read More »
Section 304A, IPC deals with homicide by rash and negligent act. It provides punishment for those cases which under English law are termed manslaughter by negligence. The original Penal Code had no provision for punishment in those cases where a person causes death of another by negligence. That is to say, liability for causing death was limited only… Read More »
Section 319 to 338 of Indian Penal Code deals with hurt in various forms. Section 319 defines simple hurt as causing bodily pain, disease, or infirmity, and section 321 makes voluntary causing of hurt an offence punishable under section 323, IPC. Section 319 of The Indian Penal Code – Hurt Whoever causes bodily pain, disease or infirmity to… Read More »
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