Marrying again (Bigamy) during lifetime of husband or wife

Section 494 of the Indian Penal Code, 1860 deals with the offence of Marrying again during lifetime of husband or wife. The offence under above mentioned Section is known as Bigamy under English law. However, Section 494 does not apply to Muslim males who are allowed to marry more than one wife, but the same is applicable to Muslim women. In order to constitute an offence under Section 494, of the...

Significance and purpose of Research Methodology

What is Research? Research is the systematic investigation and study of materials and sources to establish facts and reach new conclusions, so it shapes people’s understanding of the world around them. Research comprises “creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of humans, culture and society, and the use of this stock...

Death of a person and actionable injury in civil court

Can we claim damages in case of death of a person arising out of a tort? This was answered by the King’s Bench Division of England and Wales High Court in the famous case of Baker v. Bolton ([1808] EWHC KB J92; (1808) 1 Camp 493; 170 ER 1033). It was a case where, the wife of the plaintiff suffered an injury while travelling in a train and subsequently resulted in her death. The major issue came...

Graham v. Connor and Objective Reasonableness standard

Graham v. Connor1, was a United States Supreme Court case where the Court determined that an objective reasonableness standard should apply to a civilian’s claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other “seizure” of his person. Graham v. Connor determine the legality of every use-of-force decision an officer...

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

Section 493 of the Indian Penal Code, 1860 deals with the offence of Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. Under this section a man either married or unmarried who induces a women to become, as she thinks, his wife, but in reality his concubine, is punishable for the offence of Cohabitation caused by a man deceitfully inducing a belief of lawful marriage, with...

Defamation as a crime under Indian Penal Code

Section 499 – 502 of Indian Penal Code deals with the defamation. Offence of defamation can be dealt both under the law of crimes as well as under Law of Torts. Criminal nature of defamation is defined under Section 499 of Indian Penal Code and Section 500 provides the punishment for such offence. Bare reading of section 499 it becomes clear that any person by words either spoken or intended...

Punishment for an attempt to commit an offence

Intention, preparation, attempts and commission are the four stages in a crime. By virtue of Section 511 of Indian Penal Code, 1860 “an attempt to commit an offence” is a punishable offence. Every attempt though fails must create an alarm, which of itself an injury and the normal guilt of the offender is the same, as if he had succeeded. Hence, an attempt to commit an offence is a punishable offence. By...

Offences relating to marriage under IPC

Section 493 to 498 A, of the Indian Penal Code, 1860 deals with the offences relating to marriage. Section 493 of Indian Penal Code deals with the offence of Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. By virtue of Section 493, every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit...

Writ of Habeas Corpus and Indian Constitution

Writ of habeas corpus is issued in the form of an order calling upon a person who has detained another person to bring that person before the court to let it know under what authority he has detained that person. Habeas Corpus is a process by which a person who is confined without legal justification may secure a release from his confinement. It is an effective way of immediate release from unlawful...

Writ of mandamus and Indian Constitution

Writ of mandamus is an order by the superior court commanding a person or a public authority to do or forbear to do something in the nature of public duty. In other words, it is a judicial remedy which is in the form of an order from a superior court to any government, court, corporation, or any public authority to do or to forbear from doing some specific act which that body is obliged under law to...

Writ of certiorari and duty to act judicially

Certiorari means “to be certified” or “to be informed”. It is issued by a higher court to the lower court, either to transfer the case pending with the later to itself OR to quash the order of the later. Hence, unlike the Writ of prohibition, which is only preventive the Writ of certiorari is both preventive as well as curative. Writ of certiorari may issue “whenever any, body of persons...

Writ of Quo Warranto in India

The term Quo Warranto means “by what authority or warrant”. It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. It is a notice of demand, issued by a person, to the respondent claiming some delegated power, and filed with a court of competent jurisdiction. In other words, the writ of Quo Warranto...

Writ of Prohibition in India

Writ of prohibitio, also called as Writ of prohibition commands the court or tribunal to whom it is issued to refrain from doing something, which it is about to do. This Writ is issued by either Supreme Court or High Court to an inferior court forbidding it to continue proceedings in a case in excess of its jurisdiction. Writ of prohibitio prevents a tribunal processing judicial or quasi-judicial powers...

Section 496, Fraudulent or unlawful marriage under IPC

Section 496 of the Indian Penal Code deals with the offence of marriage ceremony fraudulently gone through without lawful marriage. By virtue of this section, fraudulent or mock marriages are punishable offence. Section 496 of Indian Penal Code, 1860 is categorised under the offences relating to marriage. Section 496 of IPC applies to those cases, in which a mock marriage ceremony is gone through,...

Ingredients of culpable homicide under Section 299

Homicide is nothing but killing of a human being. It can be either lawful or unlawful. Lawful homicide is covered under the general exceptions as mentioned under Sections 76 – 106 of Indian Penal Code. Unlawful homicide is categorised under the offences against human life and the same is classified as; Culpable homicide not amounting to Murder (Section 299); Murder (Section 300); and Homicide by...

Racial discrimination in the ancient India

Sai Manoj Reddy, Student of Law, VIT Law School, Chennai History (Ancient India) The least challenged racism remains that of Indian Caste system. Indo-Aryans started the Caste system in India after they conquered it, to preserve their racial purity in India. Now the Caste system is a part of Hinduism. The Hindu religious name for the Caste system is Verna, which literally means color system. Darker-skinned...

Growth of justice, equity and good conscience

Legal System in India
Mahima Gherani, Student of Law, VIT Law School, Chennai The origins of imports of common law into India have been seen from the early 1661 onwards. From the early charters, which established English Courts in India wanted the judges to act according to ‘justice, equity and good conscience’ in deciding cases when no source of law was identifiable1. The phrase “justice, equity, and good conscience”...

Influence of English law in Indian legal system

Law
Lohitashwa Pratap Singh, Student of Law, VIT Law School, Chennai In India the concept and principles and rules of the English law initially spread over a few provinces and gradually over all the states in India. It is well known that British came to India to advance themselves, to establish themselves as traders and acquired power and having acquired power, declared themselves as rulers of the whole...

Growth of criminal law in India

Law
Mahima Gherani, Student of Law, VIT Law School, Chennai The present criminal system of India was not a sudden creation. It has been evolved as the result of slow and gradual process and bears the imprint of the different period of Indian history. In this article, we can understand how criminal law developed over years in India in a systematic format starting from the Ancient Hindu Criminal Law and...

Judicial reforms in ancient India: An overview

Law
Balakumar Rajendran, Student of Law, VIT Law School, Chennai Lord Cornwallis succeeded Warren Hastings and came to India in September 1786 and he continued to be the Governor General up to 1793. He introduced reforms in the administration of civil and criminal justice, and great success was achieved in controlling corruption. The regulating act did not establish a control over the directors of the...