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Criminal Laws

ACID ATTACK : THE HEARTLESS CRIME

There was a time when people use acid for household purposes but now hydrochloric acid and sulfuric acid is used to make the life miserable of the people especially girls. The acid attack is the most vicious form of the crime of the society which is taking increasing its pace in different parts of the country. The effects of the acid attack need not be pointed out. Since the attack is mostly been done on the face and the layer of the fat underneath the skin of the face is the thinnest, therefore the long term consequences of the acid...

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GENERAL EXCEPTIONS UNDER INDIAN PENAL CODE, 1860

The Indian Penal Code, 1860 defines the various crimes for which the person could be prosecuted.  These are known as General Exceptions which are mentioned in Part IV of the Act from section 76 to 106. Section 96 to 106 deals with the concept of Private Defence. The person will not be liable for the acts done in private defence. The code also prescribes some exceptions for which a person cannot be punished and prosecuted. If an act falls within these exceptions then the person will be acquitted and will not be charged. The objective of this part of the...

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KIDNAPPING AND ABDUCTION

Introduction In simple terms, the act of kidnapping is defined as abducting someone and holding them confined. The word kidnapping has been originally derived from ‘kid’ meaning ‘child’ and ‘napping’ means to ‘steal’. Thus, kidnapping literally means child stealing. However, Kidnapping under the Code is not limited to child stealing only. It has been given a wider dimension by carrying away any human being of 16 years of age or less in case of males and 18 years of age or less if in case of females. Sections 359 to 369 of the Indian Penal Code, 1860 deals with kidnapping and...

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FORGERY

Introduction The increasing technology is coming up with the new ways of committing forgery. A person should be well aware of the acts of forgery so that he should be protected from such acts and also from doing such acts. The act of making a false document with intent to cause damage or injury is called a forgery.  Forgery includes altering the documents when the documents are signed by the person who is unaware by the contents of the document due to intoxication or unsoundness of mind or when a document is made by a person claiming to be someone else or...

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PRIVATE DEFENCE

Introduction It is the primary duty of the man to prevent him from danger. It is the duty of the state to provide their citizens with the right of self defence so that in case of harm or for helping other people, they can use the right of self defence. If any criminal or illegal act is being committed against him or any other person, then the private defence can be taken. The act done in private defence will not be treated as a criminal offence unless Section 96 to 106 of Indian Penal Code, 1860 defines the various provisions of...

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ILLEGAL DETENTION

ILLEGAL DETENTION

INTRODUCTION What comes to the mind of an individual when they think of illegal detention? The term detention is something that somehow terrifies a person. Whereas here we are talking about the detention that is illegal. To clear the doubts on this topic and for a brief understanding of what illegal detention is. We will focus on the provisions provided under the Criminal Procedure Code on how the detention takes place. ‘Detention’ in simpler terms is the act of reserving or arresting a person or property. Whereas, ‘illegal detention’ is the unsubstantiated imprisonment or violation of liberty of an individual by arresting him. A...

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A QUICK OVERVIEW ON SPOUSAL PRIVILEGE AS DEFINED IN SECTION 122 OF THE INDIAN EVIDENCE ACT

OVERVIEW Marriage is one of the most sacred and important relationships between a man and a woman. It also involves the families of both spouses. It is an accepted fact that the right to privacy in the present situation prevails everywhere. The bond of marriage is not such that needs to prove transparency before any third person. The conversations, the personal life of a married couple are the examples of privileged communication. Apart from the other categories, it is one category that has got the status of Privileged communication in India. Section 122 of the Indian Evidence Act 1872 defines the term spousal...

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MARITAL RAPE

Introduction The issue of marital rape is one of the taboos of our society. Our Indian Penal Code, 1860 punishes a man who commits rape but is silent on the concept of marital rape. As per patriarchal domination of men in our society women were treated as chattels. Women are treated as goods owned, by the father before the marriage and by the husband after the marriage. Our mankind does not punish marital rape, so we should ask this question to ourselves; it is acceptable to discriminate a woman just because she is married to the woman who raped her? Marriage creates...

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LAW OF DEFAMATION

INTRODUCTION Someone can do violence not only through actions but also by words. You don’t know how much your words influence someone’s mind. The act of defamation is punishable because people spoke about anything and after that, the reputation of that person is at stake. As a company or any organization needs time to build its goodwill, the same is the case with the reputation of the person. And then suddenly a statement by any third party will affect the character of that person. In simple words, defamation means disgracing the person’s reputation.  TYPES OF DEFAMATION The Indian Penal Code, 1860 describes the...

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HOW TO HANDLE FALSE CHARGES OF SECTION -376 OF IPC ALONG WITH SECTION- 498A

INTRODUCTION Section 376 of IPC provides punishment for committing the offence of Rape. Whereas, section 498A talks about Cruelty by husband or Relatives of the husband.  Section 498A talks if a woman is ill-treated by her in-laws and they make demands of the dowry from her. In such cases, the in-laws and husband of the woman are liable to punishment. In our daily life, we witness various kinds of violence. Someone experiences it physically, mentally, and some in different ways.  The violence that affects a person domestically, in his house,  Domestic Violence. India also has identified Domestic Violence as a crime, but unfortunately, that gives...

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