Legalclaws

  What is intoxication under IPC 1860? Involuntary intoxication is allowed as a defence against crime. 1 Type of intoxication:- ·        VOLUNTARY INTOXICATION -It means intoxication with own will -Defence is not allowed in this term -Logic:- If allowed, every person would intoxicate himself and commit a crime then take a defence under this term and justice totally failure   ·        INVOLUNTARY INTOXICATION -It means intoxication against the will or without knowledge of that person who is drunk. -Defence allowed   2 INVOLUNTARY INTOXICATION Nothing is an offence which is done by a person who is intoxicated and not able to understand the nature of that crime.   3 ESSENTIAL INGREDIENTS        i.             The intoxication must be “without the knowledge or against will, but voluntary intoxic...

  General exceptions (Kanoon se bachne ke trike) 1 infancy – crime by children 2 insanity (unsoundness of mind) 3 intoxication ( without the knowledge or against will) 4 private defence 5 mistake 6 accident 7 necessity 8 communication made in good faith 9 trifles

  What is insanity under IPC? General exceptions for an unsound person when they commit a crime but not get punishment. 1.     Type of insanity IDIOCY: - it means madness since birth LUNACY: - it means madness after birth either due to disease or injury.   2.     Nothing is offence which is done by a person who at the time of doing that crime, because of unsoundness of mind to understand the nature of that crime.   3.     ESSENTIAL INGREDIENTS 1.      Insanity must be due to a medical disease of mind such as Hallucinations Split personality disorder Fits Sleep-walking…etc 2.     The disease must be GRAVE AND SERIOUS that is a person incapable to understand the nature of the act. 3.     The most important requirement of insanity is that the crime was committed exactly at the time when the mind was affected by insanity.   “Any crime before...

  What is infancy? General exceptions for children when they commit a crime but not get punishment   1. Child below 7 years (Section 82 of IPC 1860) 1.     Complete immunity under IPC 1860. 2.     Nothing is an offence that is done by a child below 7 years of age. 3.     Such children are called doli incapax , incapable of forming criminal intent necessary for a crime. 4.     Such children are completely protected from prosecution and punishment, such child can neither be arrest nor can they be tried or punished under any circumstance.   2. Children between 7-12years (Section 83 of IPC 1860) 1.     Conditional immunity under IPC 1860. 2.     Nothing is an offence that is done by a child above 7 and below 12 years of age who has not attained sufficient maturity of understanding the nature of the crime. 3.     A mental understanding of the child i...

  Adoption Who can adopt? •       Both male and female can adopt •       Major •       Sound mind •       Marital status:- they can be either unmarried, divorced, widowed or married (consent of the other spouse must be obtained) Who can be adopted? •       Father and Mother – yes •       Other Person – No •       Exceptions:- When a child can be given in adoption by another person •       When the parentage of the child is not known •       Where parents dead •       Where parents have renounced the world •       Where parents unsound •       Where parents have abandoned the child •        In these cases, the permission of the c...

This will be the first time in the 71-year-old history of the ICJ that there will be no British judge in what is described as ‘World Court’. November 21,2017: Justice Dalveer Bhandari has got elected to International Court of Justice (ICJ) panel of the judges in a dramatic fashion after UK withdrew its candidate bowing before overwhelming support in UN General Assembly (GA) for Justice Dalveer. A top Indian diplomat described the mood of the Indian camp by quoting lines of British poet Tennyson’s, “the old order changeth, yielding place to new” after the development which is being seen as a biggest diplomatic victory for India in recent years. According to the Newspaper, The Guardian, Greenwood’s defeat is a humiliating blow to the British international prestige and an acceptance of its diminished status in the international affairs. An extremely aggressive, campaign which was led by India’s Permanent Representative to UN, Syed Akbaruddin ensured that there were fe...

In another case, a man divorced his wife during their honeymoon because the wife wore foot bangles. August 21, 2017 A Saudi man has divorced his wife for walking ahead of him despite repeated warnings being given by him. Saudis are becoming more and more alarmed over the rate of divorces in the country for such trivial reason. The man (who wasn’t identified) gave his wife repeated warnings to keep a step behind him, but she kept walking ahead of him; after which he divorced her, The Gulf News quoted the Saudi daily Al Watan. In another recent case; a Saudi man divorced his wife as she forgot to put the ‘sheep head’ – “the most important part of dinner” – on the main dish presented by her husband as he hosted his friends for a dinner. The woman said that after the guests had left, her angry husband accused her of embarrassing him before the guests. Humood Al Shimmari – an official who conducts marriages, said that there has been a spurt in t...