Noise Pollution : Laws relating to it

Posted inCode of Criminal Procedures (CrPC)
The citizen has the right to enjoy life in its entirety along with every permissible pleasure associated with it. The Article 21 of the Constitution offers every citizen a right to a decent environment, to live peacefully, to sleep well at night and to have leisure along with many other concomitant rights. Therefore, anyone who wants to live in peace, comfort and quietness within the bounds of his house has every right to be protected from excessive sound or noise pollution.

Distinction between Culpable Homicide & Murder

Posted inCode of Criminal Procedures (CrPC)
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

Posted inCode of Criminal Procedures (CrPC), Indian Evidence Act
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

Posted inCode of Criminal Procedures (CrPC)
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.