If the accused is charged for a higher offence and on the evidence led by the prosecution, the Court finds that the accused has not committed that offence but is equally satisfied that he has committed a lesser offence, then he can be convicted for such lesser offence.
Read MoreArticle 5 to 9 of the constitution determines who are the citizens at the commencement of the constitution and Art 10 provides for their continuence as such citizen, subject to the provisions of any law that may be made by the parliament. However, the constitution does not provide for any provision with respect to the acquisition of citizenship after its commencement or the termination of citizenship or other matters relating to citizenship. Under Art 11 the constitution expressly saves the power of parliament to make a law to provide for…
Read MoreActus non facit reum, nisi mens sit rea : The act does not amount to a crime unless it is done with a guilty intent.
Read MoreMarriage as an institution has become the subject of great judicial scrutiny. There are a number of judicial provisions dealing with marriage and other matrimonial aspects. The result is that, in addition to the various advantages that these legal provisions may provide; the privacy of this institution has been threatened. As per studies conducted in Mumbai and Delhi, 40 % of marriages are heading towards divorce. There are also cases of misuse of provisions like Section 498A of the Indian Penal Code, Protection of Women from Domestic Violence Act, Section…
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