Law Aware

  Punishment (as per Indian Penal Code) Punishment is a method by which Juadicial System of a Country inflicts pain to person or the property of person who is proved guilty of the Crime or it can be stated as retribution on the offender to suffering based on his acts. Objective of giving Punishment Mere denunciation of crime is not enough; it must be pushed to its logic end that crime does not pay by punishing the offenders. Punishment means, “It is the redress that the commonwealth takes against an offending member” 1 Punishment is some sort of social censure and not necessarily involving physical pain. H Kelson in his General Theory of Law and State described “sanction is socially organized consists in a deprivation of possession- life, freedom, or property” 2 According to Jeremy Bentham punishment is evil in the form of remedy which operates by fear. 3 Johan Finnish has said that delinquent behaviour of a person needs to be taught lesson not with melody but with iron...

Stages of Crime Intention to commit the Crime  Preparation to commit the Crime Attempt to commit the Crime Accomplishment Intention to Commit the Crime It is the first stage to commit crime because without an intention no one can commit a crime. No person can be convicted for having an intention to do crime. It is not a crime the intention of the person could be changed due to various factors. Illustration If A has an intention a place to meet his daily needs due to unemployment. Then, the next day A gets a job offer which helps him to meet his daily need so, the intention of robbing a place vanishes from the mind of A. So, A could not be convicted. Preparation to Commit the Crime It is the second stage of committing the crime. In this stage when person has an intent to commit a crime and starts preparing for it. While most of crime in preparation stage are not considered a crime. Illustration If A purchases a pistol and keeps it loaded in his pocket so that h...

  Indian Penal Code Section – 1 Title and Extent of Operation of the Code This Act shall be called be Indian Penal Code and extend to the whole of India. MEANING - This means that Indian Penal Code is applicable all over India even on Jammu and Kashmir and Ladakh since Jammu and Kashmir has lost its special status.     Section – 2 Punishment of offenses committed within India Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provision thereof, of which he shall be guilty within India. MEANING – This means that every person who has done any offence in India is liable for it and would be punished for it according to the code. No person can be discriminated on the basis on race, caste, gender, or nationality.   Section – 3 Punishment of offenses committed beyond, but which by law may be tried within, India Any person liable, by any, to be tried for an offence committed beyond [Indi...

Crime Any Act or Omission of an Act which is prohibited or punishable under the law of the land is considered to be a crime Elements of Crime 1.        Human Being – A person in under obligation to act under a certain way. 2.        Mens Rea or Guilty Intention – A person having guilty mind and act furtherance for it. 3.        Actus Reus or Illegal act or omission – It represents the act of the person. 4.        Injury – Any harm or injury is to be caused to another person or the society at Large. Illustrations Illustration 1 A cow rams into a B who is riding a motorcycle and consequently B dies. Since, Cow is not a human being, therefore first element of crime is absent. This indicates that the act of “A cow ramming into B and killing it while he is riding a motorcycle” is not a crime. Illustration 2 A is attacked by B and during self defen...

Unitary form of Government is a form of government where central government have all the power and authority. Even the country is divided in states and provinces, the division is for administration work. These sub-division completely work under the supervision and control of the Central Government i.e. only Central Government is responsible for the new laws and only Central Government holds the power to change the law. United Kingdom is the good example on Unitary form of Government Federal form of Government is a form of government where two forms of Government exist i.e. Central Government and State Government. The principle of government allocates power and authority between the national and local government in such a way that each government is delegated a sphere of power and authority, that only that government can exercise, but there are some areas of power and authority which is to be shared between the two forms of Government.US is best example of the federal form of Gov...