Distinction between Culpable Homicide & Murder

23 May 2021Posted inCriminal law
The crime of killing a human being by another human being is categorized as Culpable Homicide under Section 299 and as Murder under Section 300 of the Indian Penal Code (IPC). The Sections separate the most heinous killing from those which are less serious ones in nature. Even though both provisions relating to Culpable Homicide and Murder correspond with each other, the difference in both the offences – Culpable Homicide and Murder - lies in the certainty of death in the latter. In fact the difference is in regard to gravity - the seriousness of the act of crime.If the act of the accused is so dangerous with no possibility of survival for the victim, it is an apt case of Murder. If a person dies out of an intentional act of cutting someone’s head, then there is no chance for his survival. Then that is nothing but Murder. On the other hand, if an act of crime leaves the victim with some chance for escaping death it is a case of Culpable Homicide.

Mens Rea & its importance in Criminal Cases

23 May 2021Posted inCriminal law, Evidence law
Mens rea refers to the guilty intention, knowledge, or state of mind of an accused in committing a crime. It has come to fore as an indispensable element of crime in tune with a Latin maxim which means, “there can be no crime without a guilty mind” (actus non facit reum, nisi mens sit rea). An act done by a person becomes a crime only when it is done with a guilty intention or mental state, in normal course. In other words, an act done with absolutely no guilty intention or state of mind may not become a crime.

Law relating to Revision in Criminal Cases

23 May 2021Posted inCriminal law
Revision is the process of examination of an order of a lower court by a higher court, so as to rectify any improper exercise of judicial power. The precise purpose of revision in a case is to examine the correctness, legality or propriety of any proceedings before any inferior court. Revision keeps the lower court within the bounds of their authority and makes them work according to well defined principles of law. Revisional jurisdiction is analogous to power of supervision and superintendence.

How to Prepare Written Arguments?

23 May 2021Posted inCivil law, Criminal law
Always keep written arguments simple, plain and effective. It is better not to write like an articulate lawyer. Rather it is always well paying if you try to make the note simple enough in such a way that a stranger could read and understand it. Use a style which is clear, concise and focused. Use language that is active, all-inclusive (covering every aspect), and visual (that provides a mental picture) in such a way it gives the readers a vivid picture of the things with colour, context and action. While writing the arguments think like a judge and then write them for the judge who is going to read and act upon it.

All about First Information Report (FIR)

23 May 2021Posted inCriminal law
The First Information Statement (FIS) or First Information Report (FIR) has not been defined in the Criminal Procedural Code, 1973 (CrPC). FIS is commonly understood as the information received by the police about commission of a crime and recorded under section 154(1) of the CrPC. In fact, it is the information of a crime reported to the police, first in point of time.