Forum

Home Forums

    • Forum
    • Topics
    • Posts
    • Last Post
    • Act Causing Slight Harm – Not an Offence?
      Sec 95 of the Indian Penal Code is an exception which states that, "Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm." What is meant by "slight harm"? What needs to be considered in order to judge whether the harm is "slight" or not? Does it depend merely on the physical injury caused? Does it include any other factors too?
    • 2
    • 2
    • 1 month, 1 week ago

      Nancy nelson

    • Amendment to Sec 154 of the Evidence Act
      Sec 154 of the Evidence Act pertains to the questioning of one's own witness and relying on that evidence. Ques: What essential change was made in Section 154 of Indian Evidence Act, 1872 vide Criminal Law (Amendment) Act, 2005? Why was the change required? 
    • 2
    • 2
    • 1 month, 2 weeks ago

      Manimozhi Balakrishnan

    • Appeals by Third Persons in Criminal Cases
      As a general rule under the Criminal Procedure Code, 1973, appeals lie only in limited cases, as per Sec 372. Appeals in criminal cases may be preferred by the Prosecution. However, Sec 372 contains a proviso that says "victim shall have a right to prefer an appeal." Ques: Are there any other provisions under the CrPC that allow for appeal to be pressed by anyone other than the Prosecution? If so, how are they different from the proviso to Sec 372?  
    • 2
    • 2
    • 2 months ago

      margaritaschiass

    • Bailment – Responsibility of Bailee
      Section 166 of Indian Contract Act 1872: “Bailee not responsible on redelivery to bailor without title” 166. If the bailor has no title to the goods, and the bailee, in good faith, delivers them back to, or according to the directions of, the bailor, the bailee is not responsible to the owner in respect of such delivery. Ques- Can the bailee be sued for not delivering goods to the real owner as he assumes another person to be the real owner in good faith?
    • 3
    • 5
    • 2 months, 4 weeks ago

      MyCreditRNBs

    • Common Intention v/s Common Object – IPC
      The words 'intention' and 'object' are often used synonymously in the day-to-day parlance. Under the Indian Penal Code, both of these terms have been employed under different sections, with different connotations and understanding. Sec 34 uses the phrase 'common intention'. On the other hand, while defining unlawful assembly, Sec 149 used the phrase 'common object'. Ques: What are the differences between Sec 34 (Common Intention) and Sec 149 (Common Object)? 
    • 4
    • 4
    • 1 month, 3 weeks ago

      Shruti Kulshrestha

    • Consent for Harm – General Exception under IPC
      Sec 91 of the Indian Penal Code, 1860 carves out an exception to the rules mentioned under Secs 87 to 89.  Secs 87 to 89 talk about instances where harm caused to a person with their consent, for their benefit, and by their guardian or the guardian's consent, does not constitute an offence. Sec 91 states, "The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given." Which all acts may fall under the ambit of this Section?
    • 2
    • 2
    • 2 months ago

      Amit Anand

    • Consideration v/s Reciprocal Promise
      We gradually induce the habit of observation and questioning by beginning with a simple exercise pertaining to the Indian Contract Act, 1872. Indian Contract Act is one of the basic statutes that is studied in the first few semesters of the law school. It is ever-relevant in the practice of the law. Ques: What is the difference between consideration and reciprocal promise? Is every consideration a reciprocal promise, or vice-versa? Background: Sec 2(d) defines 'Consideration' as - "When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise." Sec 2 (f) defines 'Reciprocal Promises' as - "Promises which form the consideration or part of the consideration for each other, are called reciprocal promises"    
    • 2
    • 3
    • 3 months ago

      CHETAN KUMAR

    • Estoppel and Admissions
      Sec 31 of the Indian Evidence Act, 1872, reads as follows: “Admissions are not conclusive proof but may operate as estoppel”.  The technical terms like "admission", "conclusive proof" and "estoppel" add a lot of weight to the section. Estoppel refers to prohibiting someone from going back on their word. Ques. What is the ambit of the word 'estoppel' under Sec 31 of the Indian Evidence Act? What does the section seek to include?         
    • 1
    • 1
    • 1 month, 1 week ago

      Manimozhi Balakrishnan

    • Foreign References in the Indian Evidence Act
      The Indian Evidence Act contains many provisions dedicated to the admissibility and relevance of signs, seals, official documents, judgments, acts and laws of the United Kingdom and other commonwealth countries.  Ques: Why were these considered relevant in Indian courts? 
    • 1
    • 1
    • 1 month, 3 weeks ago

      fiona75y945339

    • Indemnity and Guarantee
      Contract of Indemnity and Contract of Guarantee are two kinds of special contracts. Placed next to each other in the bare act, these contracts have a similar semblance. While Sec 124 defines Indemnity, Guarantee is defined under Sec 126 of the Indian Contract Act, 1872. Ques: What is the difference between contract of indemnity and contract of guarantee? 
    • 2
    • 4
    • 1 month, 3 weeks ago

      Kaushik Das

    • Knowledge v/s Intention under Criminal Law
      Sec 81 of the Indian Penal Code, 1860 explains the general exception of necessity. The section says, "Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property." There are two key-words which point towards the mental state of the actor, under this provision - "knowledge" and "intention". Clearly, the lawmakers used these two distinct terms to emphasize upon the degree of variation in the mental state. Ques: What is the difference between "knowledge" and "intention" as per Sec 81 of IPC?     
    • 0
    • 0
    • No Topics

    • National Council under Transgender Persons Act, 2019
      Chapter VII of the Transgender Persons (Protection of Rights) Act. 2019 [Act No. 40 of 2019] provides for the constitution of the ‘National Council For Transgender Persons’. From the distribution of membership in the National Council under Section 16 in Chapter Seven of the act, it is abundantly clear that equivalent representations of different members of the transgender community from respective regions in the country is not present. Ques: Whether the proposed constituency of the council, its diversity, and possible lack of representation of the transgender community, becomes a travesty to assurance of justice?
    • 1
    • 1
    • 1 month, 3 weeks ago

      Kaushik Das

    • Nikah Halala – In the nature of adultery?
      Under the Muslim personal law, a Muslim man is allowed to have more than one wives. A wife, once divorced, may be taken back into marriage by her husband after performing the ritual of Nikah Halala. Nikah Halala involves the cohabitation between the said wife and another man. The practice of indulging in a sexual act with the wife of another constitutes adultery. Prior to 2018, it was a punishable offence under the Indian Penal Code. Ques: Whether Nikah Halala constitutes an act along the lines of adultery? Why, or Why not? 
    • 1
    • 1
    • 1 month, 3 weeks ago

      Shruti Kulshrestha

    • Personal Liability of Principal and Agent
      Sec 233 of the Indian Contract Act elucidates the rights of a person dealing with an agent personally liable. Question: Even when an agent is personally liable, can a third party still go on to sue the principal? If yes, in which cases is it possible?    
    • 1
    • 1
    • 2 months, 3 weeks ago

      ASHISH RANJAN

    • Public Servant Disobeying Direction under Law
      The criminal law is meant to regulate the conduct of the people within the society and ensure that peace and order are maintained. The law is updated from time to time to meet the demands of the evolving society.  One of the most important criminal law amendments has been the Criminal Law Amendment brought about in 2013. Ques:  Why was Section 166A of Indian Penal Code, 1860 was added by 2013 Amendment Act? What mischief does it seek to cure? 
    • 2
    • 2
    • 1 month, 2 weeks ago

      Manimozhi Balakrishnan

    • Right to Private Defense
      Section 96 of Indian Penal Code, 1860 reads as follows: "Things done in private defence - Nothing is an offence which is done in the exercise of the right of private defence." This section means the act done in order to prevent yourself from harm will not be an offence. Right to private defence is applicable only when the act done is equivalent to the injury you would have got if you didn’t exercise your right to private defence. Ques: Is right of private defence available in a free fight?
    • 1
    • 3
    • 2 months, 1 week ago

      luis77696803

    • Rights and Customs under Indian Evidence Act
      The Indian Evidence Act, 1872 provides references regarding admissibility and relevance of facts and opinions when a question pertaining to the existence of a right or custom is being considered by the Court. Rights and customs are discussed under the Act in three different provisions, viz., Sec 13, Sec 32 and Sec 48. Ques: What is the relationship between Sec 48, Sec 13 and Sec 32 of the Indian Evidence Act? Are they different in any respect? 
    • 2
    • 2
    • 1 month, 2 weeks ago

      Manimozhi Balakrishnan

    • Rights of the Finder of Goods
      Under the Indian Contract Act, 1872, the finder of goods has rights and responsibilities similar to that of a bailee. Section 168 states that, ".... where the owner has offered a specific reward for the return of goods lost, the finder may sue for such reward, and may retain the goods until he receives it." Suppose, a child ran away from his home. His father sent his servants in search of the child. After that, he announced the reward of Rs 5,000 for whoever traces his child. The servant finds his child, not knowing about the reward. Later he claims the reward under Section 168. Can the servant refuse to send the child back in the custody of his father until he receives the award, according to this Section?
    • 2
    • 2
    • 2 months, 1 week ago

      Priya Singh

    • Sexual Harassment
      Sec 354A of the Indian Penal Code, 1860 defines the offence of Sexual Harassment of a woman. It lists certain acts as constituting sexual harassment. Sec 354 (1) (i) uses the words: "physical contact and advances involving unwelcome and explicit sexual overtures". Ques: Which acts come under the meaning of the phrase "physical contact and advances", so that the offence of sexual harassment under Sec 354A of IPC, 1860 is made out?   
    • 1
    • 1
    • 1 month ago

      Nancy nelson

    • Standard of Care to be taken by Bailee
      Sec 151 of the Indian Contract Act explains that "bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence". Ques: Is the Bailee liable for the loss of goods even if he takes reasonable care of the goods? What about when he agrees to take special care of goods? 
    • 3
    • 5
    • 2 months, 1 week ago

      Priya Singh

    • Sub-Agents and Substituted Agents under Contract Act
      The Indian Contract Act, 1872 deals with the topic of Agency in detail. Two peculiar sections use seemingly similar terms in relation to the agent. The terms are - 'sub-agent' and 'substituted agent', defined by Sec 191 and Sec 194 of the Act respectively. Ques: What is the difference between a 'sub-agent' and a 'substituted agent'? Are these two different in the scope? 
    • 4
    • 4
    • 1 month, 3 weeks ago

      Shruti Kulshrestha