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?
What is the difference between Sec 237 and Sec 188 of the ICA, 1872?
Both of these sections seem to be talking about the scope of the authority of the agent for acts committed without the prior consent of the Principal.
As per Sec 36 of Indian Contract Act, 1872, Agreements contingent on impossible event are void. The Act states that "Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made." Ques: Why does section 36 of ICA,1872 have to be expressed specifically under the contingent agreement when it is a matter of void ab initio?
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?
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?
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?
Section 2(45) of the Juvenile Justice (Care and Protection of Children) Act, 2015 defines ‘Petty offence’ as offences for which the maximum punishment provided under any law including the IPC, is imprisonment up to 3 years.
Section 2(54) of the same Act defines ‘Serious Offence’ as offences for which punishment under any law is imprisonment between 3 to 7 years.
Section 2(33) defines ‘Heinous offence’ as offences for which the minimum punishment under any law is imprisonment for 7 years or more.
Ques: What about those offences where the minimum sentence is less than 7 years, or there is no minimum sentence prescribed but the maximum sentence is more than 7 years such as Section 121A, 122 of IPC, offences relating to counterfeiting of currency, abetment to suicide of child or innocent person and many others ? Which category (petty, serious or heinous) will these offences fall under?
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)?
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?
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"
Section 415 to Section 420 of the Indian Penal Code, 1860 deals with the offence of cheating. These sections frequently use the term “deceiving any person”. Ques: What is the meaning of "deceiving any person" as mentioned in the definition of cheating?
Section 230 of the Indian Contract Act, 1872 establishes the general rule that agents cannot be held personally liable for the contracts entered into by him on behalf of the principal in absence of a contract to the contrary. The statutory provision also provides that a contract to that effect will be presumed under three circumstances, one of them being when the principal though disclosed cannot be sued. Ques: What does Section 230(3) of the Indian Contract Act, 1872 mean about disclosed principal who cannot be sued?
Common intention has been defined under Sec 34 of the Indian Penal Code, 1860. Ques: Does the element of common intention require the existence of 'same intention' or 'similar intention'?
Sec 31 of the Indian Evidence Act, 1872, reads as follows: “Admissions are notconclusive 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?
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?
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?
The Indian Contract Act considers contingent contracts as valid. It enlists certain situations where such contracts become enforceable. Ques: Whether contracts of Insurance are contingent contracts? When do they become enforceable?
The Code of criminal procedure,1973 states about many provisions regarding investigations
and inquiry. Some of such sections are section 174,175 and 176 of code of criminal
procedure which deals with inquiries into suicide or inquiries into sudden, violent, or
unnatural deaths. In code of criminal procedure, section 174 provides for such inquiries by
the police, section 176 by the magistrate. Section 154 of CrPC states about the first
information relating to cognisable offences, section 156 and section 157 of CrPC provides the
power of police to investigate and procedure to investigate in cognisable offences
respectively. Ques: Whether Sections 174,175,176 of CrPC are different or similar toSection 154,156,157 of CrPC? If they’re different, How are they different from eachother?
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?
Sections 108-113 of the Indian Penal Code, 1860 deal with the meaning and the liability of an abettor. Generally, the liability of the abettor is the same as the abetted. Ques: What can be the extent of the liability of an abettor and the abetted? Can it be different?
Sec 76 and Sec 79 deal with mistakes of fact under General Exceptions laid down by the Indian Penal Code. The difference between the section is highlighted by the usage of the phrases "bound by law" and "justified by law". Ques: What is the distinction between Sec 76 and 79 of the IPC?
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?
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?
Section 193 of the Indian Penal Code, 1860, states the punishment for giving false evidence in a judicial proceeding.
Assume - A minor girl files a rape case against a boy. FIR gets registered in the handwriting of the victim. Under Sec 164 Code of Criminal Procedure, a statement is also recorded against the accused. During the court proceedings, the girl states that she was pressurized into filing the complaint and deposes in favour of the accused.
Ques: Can the minor girl be charged under Perjury i.e. giving false evidence under Section 191 of Indian Penal Code?
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?
As per Sec 99 of Indian Penal Code 1860, There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done. Ques: As per Sec 99 of IPC 1860, There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done.
The contract of guarantee is entered into with surety provided that there is an existing
contract between Creditor and Principal debtor. It is provided that surety’s liability is co-
extensive with that of principal-debtor. Ques: Individually, how can the Surety protect his own interest while protecting the interest of Creditor?
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?
Chapter V of the Indian Contracts Act enlists certain relations that resemble contracts. Under English law, these are known as Quasi-contracts. Ques: How are quasi-contracts different from contracts? Why are they enforceable?
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?
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?
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?
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?
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?
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?
Unsoundness of mind, commonly referred to as insanity, is a general defense under Sec 84 of the Indian Penal Code, 1860. However, the Statute nowhere defines these terms. Ques: Does insanity always apply to mentally ill persons?
Section 82 of the Indian Penal Code, 1860 mentions that nothing is an offence which is done by a child under seven years of age similarly Section 83 of IPC mentions that nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct. The first question that arises is that when a child is not able to understand the nature and consequences of his conduct there is a high probability that, he might repeat the same action (before attaining maturity). Ques: What should be done in case a child up to 12 years of age repeats a criminal act without being aware of the nature of his act?
