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Showing posts from August 16, 2020

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Hindu Marriage Act,1955 (Full Summary and Official Gazette)

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The following is a summary of the Hindu Marriage Act 1955, which aims to allow a reader to understand the key points within the Act without having to read the Act itself. Introduction India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. This extends to personal laws inter alia in the matter of marriage and divorce. As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. As well as regulating the institution of marriage (including validity of marriage and conditions for invalidity), it also regulates other aspects of personal life among Hindusand the applicabilityof such lives in wider Indian society. The Hindu Marriage Act provides guidance for Hindus to be in a systematic marriage bond. It gives meaning to marriage, cohabiting rights for both the bride and groom, and a safety for their family and childr...
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DEFAMATION (SECTION 499-502 IPC(1860))

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                                      INTRODUCTION "Sticks and stones will break my bones, but words will never hurt me"-  says the popular adage. The law of defamation, however, would be differing. The post addresses the description of defamation and justifications about the criminalization of it. The crime of "defamation" is asserted against a "person" or "persons" that damages his reputation or reputation. The intent to cause harm is the most essential ingredient of a defamation crime that attracts criminal action under section 499 of the Indian Penal Code. There can be no offense of defamation unless the alleged defamatory statement is made public or published.   DEFAMATION The word defamation has taken from Latin word ‘Diffamare’. Semantics or Etymology of the Latin word ‘Diffamare’ provides that it means 'Spreading evil report about someone'. Thus, de...
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Section 497 (Adultery) of Indian Penal Code

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Section 497 The Indian Penal Code 1.)Adultery Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. Present Condition Of Activation of Adultery Law : Fully Terminated by Supreme Court Of India   Full View:   Mere adultery can't be a crime unless it attracts the scope of Section 306 (abetment to suicide) of the IPC, the Supreme Court said on Thursday. "Adultery can be ground for civil issues including dissolution of marriage but it cannot be a criminal offence," the apex court said. On the petition challenging the validity of Section ...
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DIFFERENCE AND RELATION BETWEEN THEFT,EXTORTION,ROBBERY AND DACOITY

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DIFFERENCE AND RELATION BETWEEN THEFT,EXTORTION,ROBBERY AND DACOITY The terms robbery, theft, and even extortion seem very similar and even used interchangeably at times in everyday usage. However, in the legal sense and within the ambit on the Indian Penal Code, 1860 these terms are distinct and have been very clearly defined as distinct crimes. The demarcation between these is given under section 390 of the Penal Code. But before analyzing that section, first, theft and extortion need to be understood separately.   1.)What is Theft? Theft has been defined under  Section 378  of the Indian Penal Code, 1860. It says that whoever intends to take dishonestly any moveable property out of the possession of any person without that person’s consent and moves it, he is said to have committed a theft. For example:  If A, is employed by Z and entrusted by Z with the care of Z’s cash, dishonestly runs away with that cash, without Z’s consent. A has committed ...
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