Eat.Sleep.Law

Short Notes: Habeas Corpus:     A writ of habeas corpus is used to compel a person who has detained another to produce such another before the court, so that the court can know the grounds on which the person has been confined and to release the person if there is no legal justification for that person’s confinement. A writ habeas corpus would become infructuous if the detenu is produced before the magistrate. Illustration :   The police arrested A from his home, and no information about A’s where about or place of confinement, condition, was available for days on end. A’s brother B, files a petition before the Supreme Court can issue writ of habeas corpus against the police authorities, directing them to produce   A before the court. Mandamus :  The word “mandamus” translates literally into ‘command’. This writ is issued to provide for remedies for the enforcement of rights where a fundamental right is infringed by a statute, statutor...

Savigny’s theory stated that law is the product of Volksgeist, which contains the whole  history of the nation’s Culture and which also reflects the inner convictions of the society which are deep-rooted in the society’s experience. So, Volksgeist drives law slowly to development.   Law develops like a language - Savigny remarked that law has a national character and it develops like language and binds people into one whole because of their common faiths, beliefs and convictions. He pointed out that law grows, with the growth of the society and gains its strength from the society itself and finally, it withers away as the nation loses its nationality. Law, language, customs and government have no separate existence from the people who follow them. Common conviction of the people make all these as a single whole. The central theme of Savigny’s historical jurisprudence may be summarised thus: "Law grows with the nation, increases with it, and dies at its dissolution and ...

“No person shall be deprived of his life or personal liberty except according to the procedure established by law.”(art 21 of Indian Constitution ). A five-judge bench, in Gian Kaur (1994) case had held that both assisted suicide and euthanasia were unlawful. It stated that the right to life(art 21) did not include the right to die, hence overruling the two-judge bench decision in P.Rathinam which struck down sec 309, IPC (attempt to suicide) as unconstitutional. In Gian Kaur, the Apex Court held that Art 21 speaks of life with dignity and only aspects of life which make it more dignified could read into this article thereby pointing out that the right to die was inconsistent with it. However, later in Aruna Shanbaug (2011), it held that passive euthanasia could be a nod in case of exceptional circumstances and under strict monitoring of the apex court. After Aruna Shanbaug case, the 241st Report of the Law Commission of India on Passive Euthanasia has also recognised pass...

  These questions have long dogged intelligent minds. One of the most celebrated works on justice has been written by Professor John Rawls, who wrote a seminal text named A Theory Of Justice. (John Rawls, A theory of Justice, Oxford University Press, 1972). In his book, Rawls mentioned two principles of justice:        The first Principle of Justice ( Principle of Liberty ): Each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others.     The second Principle of Justice ( Difference Principle ): Social and economic inequalities are to be arranged so that they are both: a)     To the greatest benefit of the least advantaged. b)     Attached to offices and positions open to all under conditions of fair equality of opportunity. The aforementioned principles of justice were formulated by Rawls through a hypothetical situation: drawing upon the “social...

Private Defence Sec 96 to 106 of the IPC(Indian Penal Code) deal with the right of private defence and are a recombination of the right of a person to protect his or her life and property against the unlawful aggression of others. Sec 96 of the IPC states that nothing is an offence which is done in the exercise of the right of private defence. Sec 97 of IPC defines the right of private defence of the body and property. Every person has a right to defend his own body and the body of any other person against any offence affecting the human body, subject to the restrictions contained in sec 99 of the IPC. Among the restrictions stated in sec 99 of the IPC, the provision stipulated the extent to which the right of private defence may be exercised, namely that it in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. For the plea of right to defence to succeed in totality, it must be proved by the accused that there existed a ...

Law of Arrest (When can Police arrest a person without warrant or without the permission of the Magistrate)  submitted by:  Sagar S S Chapter five of the Code of Criminal Procedure, 1973 deals with the arrest of persons. Section 41 is the main section providing for situations when Police may arrest without warrant. It reads as follows : Section 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,   a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or   b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or   c) who has been proclaimed as an offender either under this Code or by order...

Culpable Homicide and Murder sec 299-304(IPC) Cases of homicide ( killing of human being , by another human being) punishable  under the IPC are, culpable homicide not amounting to murder (sec 299 of IPC), murder ( sec 300 of the IPC), rash or negligent homicide (sec 304A of the IPC), and suicide (sec 305-306 of the IPC).   Culpable Homicide under sec 299 of the IPC is the causing of death by doing of , An act with the intention of causing death, An act with the intention of causing such bodily injury as is likely to cause death and, An act with the knowledge that it was likely to cause death. In the absence of any of the above, an act resulting in the death of a Pearson would not constitute culpable homicide. The provision further provides three explanations wherein the presence or absence of factors in causing death nevertheless constitutes culpable homicide. Illustration: A lays sticks and turf over a pit with intention of thereby causing death or wit...

Common Intention Sec 34 of IPC provides that when an act done by several persons in furtherance of common intention of all, each of such persons is liable for that act in the same manner as if it done by him alone. Sec 34 of the IPC is invoked in cases where it may be difficult to distinguish between the act of individual members of a party or to prove as to what part was played by each of them.   In Mahboob Shah vs. Emperor, AIR 1945(PC)118 ,the Privy Council stated that to invoke sec 34 successfully , it must be shown that the criminal act complained against was done by one of accused persons in the furtherance of the common intention of all and that if this is shown, then liability for the crime may be imposed on any one of the persons in the same manner as if the act were done by him alone. The term “in furtherance of” used in sec 34has been elucidated in Shankarlal Kachrabhai vs State Of Gujrat, AIR 1965 SC 1260, WHERE THE Supreme Court observed :  ...

 Criminal Conspiracy: A conspiracy has been defined as when two or more persons agree to do or cause to be done: an illegal: or an act which is not illegal, by illegal means. It is further provided in sec120A of the IPC  THAT FOR CONSPIRACY TO EXIST SOME ACT BESIDES THE AGREEMENT BETWEEN THE PARTIES MUST BE DONE IN PURSUANCE OD AGREEMENT. The law on conspiracy has been extensively discussed in State vs Nalini(1999) 5 SCC 60, It was pointed out that the meetings of minds of two or more persons for doing an illegal act or an act by illegal means are a sine qua non of the criminal conspiracy. The Supreme court has held that each of the conspirators needs to have taken an active part in the commission of each and every one of the conspirational acts for the offence of conspiracy to be made out. Since a conspiracy is usually  “hatched in secrecy”, the prosecution need not necessarily prove that accused persons expressly agreed to do so. Sec 120-B of the IPC ...

The doctrine of LATIN MAXIM  “ actus non facit reum nisi mens sit rea ” The fundamental reason for having a system of Criminal Law is to provide a framework for the punishment of wrongdoers by the state and thereby to preserve an acceptable degree of social order.  For an act to attract liability, the fundamental principle is that there must be Wrongful act( actus reus ) combined with a wrongful intention( mens rea ). This principle reflected in the Latin maxim  “actus non facit reum nisi mens sit rea” . The maxim translates to mean an act does not make one guilty unless the mind is also legally blameworthy. In other words, for an act to be termed a crime it must be accompanied with the necessary mental element which would give a criminal due to the act. Unless this mental element is present, no act is usually criminal in nature. “ mens rea ” or the mental element of an offence has earlier been seen of any as an essential element of any offence. Offences under...

Secularism plays an important role in a democracy like India. It is very much effective in the social economic and political development of the country. It allows its citizens to propagate the religion of their choice and does not impose to follow any particular religion. India is a Secular State The Preamble of the Indian Constitution clearly speaks about the volume of secularism embedded in it. The Preamble says," We the people of India, having solemnly resolved to constitute India into Sovereign, Socialist, Secular, and the Democratic Republic". The word secular has been inserted in Preamble by the 42nd amendment act 1976, which is indeed merely to spell out clearly the concept of secularism in the constitution.   Explaining the secular character of Indian constitution the Supreme Court said, "There is no mysticism in the secular character of the state. Secularism is neither anti-God nor Pro-God, it treats like the devout, the antagonists and the athei...

The Election Commission of India, abbreviated as ECI is a constitutional body responsible for administering elections in India according to the rules and regulations mentioned in the Constitution of India. It was established on January 25, 1950. The major aim of election commission of India is to define and control the process for elections conducted at various levels, Parliament, State Legislatures, and the offices of the President and Vice President of India. It can be said that the Election Commission of India ensures smooth and successful operation of the democracy. According to Article 324 of Indian Constitution, the Election Commission of India has superintendence, direction, and control of the entire process for conduct of elections to Parliament and Legislature (state legislative assembly & state legislative council) of every State and to the offices of President and Vice-President of India. . Conflict Arises  Regarding Election Duty of Teachers : Right to E...