Limitations on Right of Private Defence
The right of private defence is codified in ss. 96 to 106, I.P.C. which have all to be read together in order to nave a proper grasp, of the scope…
Consequence of giving the False Evidence by a Person who is not bound to state the truth in court
Section 191 of Indian Penal Code Giving false evidence. ” Whoever being legally bound by an oath or by an express provision of law to state the truth ……… makes…
Sentencing and Analysis of Probation of Offenders Act, 1958
Sentencing Sentencing the guilty is the last and the most important, albeit, a difficult chapter in a trial. It involves sensitive exercise of discretion and not a ‘routine or mechanical…
What is ‘Kharch-e-Pandan’, and how does it differ from ‘Pin-Money’ under English common law?
When we read the maintenance laws, a word comes before us ‘Kharch-e-pandan’. ‘Kharch-e- Pandan’ was the allowance which was given for the maintenance of wives. ‘Pan’ means betel leaf in…
Differences between Forgery and Fabrication of Evidence
Chapter XI is headed “Of False Evidence and Offences against Public Justice”. Section 191 defines the offence of giving false evidence which is known as perjury in English Law. It…
Why section 25 of IPC which defines ‘Fraudulently’ used the word ‘with intent to defraud’?
The word “fraudulently” is defined by s. 25 of the Penal Code. A person is said to do a thing fraudulently if he does that thing with intent to defraud…
How evidence in Rape cases should be evaluated?- Supreme Court Guidelines
Rape is not merely a physical assault - it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist…
Concept of Mistake of Fact
Section 79 of the Indian Penal Code provides that nothing is an offence which is done by any person who is justified by law, or who by reason of mistake…
A Nonsense Trial: Trial in Wonderland
Trial in Wonderland There are countless adaptions, illustrations and inspirations on ‘Alice in Wonderland’, however, no movie could depict the same illustration as it is in the novel. Also, there…
How to Decide if any death is ‘Murder’ or ‘Culpable Homicide’?
The academic distinction between ‘murder’ and ‘culpable homicide not amounting to murder’ has vexed the courts for more than a century. The confusion is caused, if courts losing sight of…