Trilok Gupta's Blog

Defamation (Section 499- Section 502): Defamation is an offence as defined in Sec-499 of IPC. A person is guilty of defamation if he is: 1) by words - spoken or written, 2) by signs or visible representation, 3) makes or publishes any imputation concerning a person 4) Intending to harm or knows it would harm the reputation of such a person. Punishment: 2 years simple imprisonment or fine or both Explanation: 1) It amounts to defamation if the imputation harms the reputation of a deceased person. 2) A Company or an Association or a group of persons may be subject to defamation. 3) Ironical expressions amount to defamation. Test: The imputation when amounts to defamation are explained in Sec-499. In the estimation of others, directly or indirectly, the imputation must: 1) Lower his moral or intellectual character, 2) Lower his character in his caste, business or credit in society 3) Cause to believe that he was suffering from a disgraceful disease. Essentials: Publication is the essence ...

Criminal Trespass (Section 441 to Section 462): If a person enters upon the property in the possession of another, with an intention to commit an offence or to intimidate, insult or annoy any person he commits criminal trespass. If having lawfully entered he remains there unlawfully and commits an offence, he is guilty of criminal trespass. Use of criminal force, is not essential. The intention is aiming at the desired object or motive Eg: A landlord who forcibly enters his land in the possession of his tenant B, to beat B, A commits criminal trespass. Punishment Section 447: Imprisonment up to 3 months or fine of Rs.500/- or both. In Harish Chandra V  State In this case, the workers of the factory entered into the office of the Managing director with Deadly weapons. They raised slogans and also beat the staff. It was held that the accused workers were guilty of Criminal trespass. House trespass (Section 442): If a person enters into or upon the property of another with an intentio...

Criminal Intimidation (Section 503): A person commits criminal intimidation, if he threatens another with injury to him or his reputation or property, with an intention to cause harm or to cause him to do or not to do a thing. The gist of the offence is threat. A threat to the reputation of a dead person is also an offence under Sec-503. E.g. A wants to sue B. B threatens A to burn A's house. B is guilty under Sec-503. Essentials: The essentials are: 1) There should be a threat to cause injury to that person, his reputation or his property (or of another) 2) With intent to cause alarm 3) Causing that person to do any act which he is not legally bound to it, or omit to do legal act. (Jugal Kishore V. state) Punishment (Section 506 & Section 507): Imprisonment up to 7 years or fine or both

Criminal Misappropriation (Section 403): A person who dishonestly misappropriates or converts for his own use any movable property, is guilty of criminal misappropriation of property. The punishment is imprisonment for two years or fine or both. A dishonest misappropriation for a small interval of time also amounts to misappropriation. If the person takes the property to protect it or to restore it from the owner, he is not guilty. But if he does not restore it and if he does not return the owner using reasonable means, he becomes guilty. Eg: 1) A finds a bundle of currency notes on the highway. He picks up the bundle with an intention to hand it over to the real owner. He is not guilty. But after taking home he changes his mind and uses for his own purposes. He is guilty when he changes his mind. 2) A finds a valuable ring on the road, A takes it without any idea of finding the owner and handing it over to him. He is guilty. 3) A and B are joint owners, A sells the house without B...

Criminal Conspiracy (Section 120A and B): Sec-120A defines the Criminal Conspiracy as, When 2 or more persons agree to do or cause to be done: a) An illegal act or b) An act which is not illegal means by the illegal means, such an agreement is known as Criminal conspiracy, Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance of. Explanation: It is immaterial whether the illegal act is the ultimate object of such agreement or is merely incidental to that object. Ingredients: To constitute a criminal conspiracy, the following must be satisfied: 1) There must be an agreement between 2 or more persons. 2) The agreement must be for: a) Doing an illegal act or b) Doing a lawful ac by illegal means c) There must exist over act. Elements: 1) An object to be accomplished. 2) A plan or a scheme embodying means to accomplish that object. 3) An ag...

The word “Crime” is derived from a Greek word “Krimos”, which means a “Social Order” and it is applied to those acts which go against the social order and are worthy of serious condemnation. Any act which is forbidden by the criminal law without Just Cause or Excuse is called a Crime. An act or intent must content a crime. According to Blackstone, a crime is an act which is committed or omitted in the violation of a public law either by forbidding or commanding it.

Law relating to Abetment explanation and also when an abetment committed outside India is said to be an offence committed in India? Abetment: (Section 107 to 120): A person abets the doing of a thing if he: 1) Instigates another to do that thing, or 2) Conspires with others in the doing of-the act or 3) Intentionally aids the doing of that thing E.g: A, a police officer, with a Warrant is empowered to arrest Z. B, who knew this, instigated A to arrest C who he mis-represented as Z. A arrests C. B abets. General advice is not abetment. Abetment by instigation: Instigation means the instigator actively suggests, or stimulates by any means i.e., by words, hints, encouragement etc. Abetment by conspiracy: For this there should be at least two persons, engaged in commission of an act in pursuance of conspiracy and there should be the doing of the thing. Abetment by aid: The person aids to facilitate commission of an offence. It should be intentional aid. E.g: supplying of food to facilitate...

The offence of cheating explanation. When does it become cheating by personation. Cheating (Section (415-420)): A person who by deceiving another, fraudulently or dishonestly induces him to deliver any property or intentionally induces him to do or not do an act which causes damage to him or to his person, reputation and property, is guilty of cheating. Eg: 1) A puts counterfeit mark on an article and sells. A cheats. 2) A sells diamonds which are not so. He cheats. 3) A person enters an exhibition without a ticket. He cheats. Cheating by Personation (Section 416) A person is said to cheat by Personation, if he cheats by pretending to be some other person. Eg: A pretends to be an I.A.S. officer and dishonestly takes food items from B on credit. A is guilty of cheating by personation. Punishment for Cheating by Personation (Sec-419): Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to 3 years or with fine, or with both. ...

Crime: The word “Crime” is derived from a Greek word “Krimos”, which means a “Social Order” and it is applied to those acts which go against the social order and are worthy of serious condemnation. Any act which is forbidden by the criminal law without Just Cause or Excuse is called a Crime. An act or intent must content a crime. According to Blackstone, a crime is an act which is committed or omitted in the violation of a public law either by forbidding or commanding it. Essential Elements of Crime: To constitute a crime, the following elements is too satisfied, they are:  1) Human Being 2) Men’s Rea 3) Actus Reus 4) Injury 1. Human Being: The first essential element of crime is that it must have been committed by a human being. 2. Men’s Rea: Men’s Rea is an essential element of Crime. Men’s Rea means, “Mental Element or a guilty mind” It means that, the mental element is necessary to constitute a criminal liability. According to Samshul Huda, the very corner-stone of the criminal...

 Article 32 Right to the Constitutional Remedies: Part-3 of the Indian constitution provides various fundamental rights. If any fundamental right is violated, the aggrieved party can approach the court for the enforcement of his fundamental right. The Supreme Court under Article-32 and High Court under Article-226 issue various types of writs for the protection of the fundamental rights. It is explained in: 1) Locus standi and Public Interest litigation 2) Articles-32 and 226 3) Writs A. Locus Standi and Public Interest Litigation: Locus Standi: The expression “Locus Standi” means “Right to move the court” Generally, a person whose legal right is infringed has a right to move the court. However, there are certain circumstances in which any member of the public can have a right to move the court. Article-32 and 226 of the Indian constitution do not prescribe specifically such persons or class of persons, who have the right to move the court. Thus, the matter of Locus Standi lies wit...

 Article 31 Right to Property The right to property was a fundamental right that was omitted by the constitution (44th Amendment) Act 1978. The amendment abolished the right to property as a fundamental right and incorporated as a constitutional right to be regulated by the ordinary law. It inserted a new chapter-4 i.e., Right to Property in part 12 of the constitution. The chapter has now only one Article 300A. There are certain exceptions or limitations enshrined under Article-31A to 31D. In other words, Article-31A, 31B, 31C and 31D of the Indian Constitution provides immunity to certain laws from being challenged. Articles 31A, 31B, 31C and 31D deals with the “Saving of Certain Law” that is explained in: 31(A) Saving of laws providing for the Acquisition of Estates etc 31 (B) Validations of certain Acts and Regulations 31(C) Saving of laws giving effect to certain directive principles. 31(D) Saving of laws in respect to Anti-National Activities 31(A) Saving of laws providing fo...

Articles 25-28: Freedom of Religion: Articles 25 to 28 of the Indian Constitution lay down the provisions relating to the “Freedom of Religion”. The word Religion is not defined in the Indian Constitution. India is a Secular State: The word “Secular” was inserted in the preamble of the Indian Constitution by the Constitution (42nd Amendment) Act 1976.In India, a secular state was never considered as an irreligious state.It only  means that, in the matters of the religion, it is neutral.The state can have no religion of its own. It should treat all the religions equally.The state must extend similar treatment to the church, the mosque and the temple.In a secular state, the state is only concerned with the relation between man and man. In SR Bommai V Union of India The Supreme Court held that the secularism is the basic feature of the constitution. In Aruna Roy V Union of India The secularism means developing, understanding and respect for different religions. Freedom of Religion: Th...

Article 21 Protection of life and Personal liberty Article-21 of the constitution says that, “No person shall be deprived of his life or personal liberty except according to the procedure established by law. Article-21was taken from Magna Carta in 1215 and from the 5th Amendment of American constitution. Article-21 is inspired by the American constitution which says that, “No person shall be deprived of his life or personal liberty except by the Due Process of law. Sir Krishna Ayer swami supported the procedure established by law because it was procedural and executive till 1978. In AK Gopalan V State of Madras (AIR-1950, SC-27) AK Gopalan was detained under the Prevention Detention Act 1950; he challenged the validity of the act before the Supreme Court. The Supreme Court interpreted the word “Liberty” and upholds the validity of the act. In Menaka Gandhi V Union of India (AIR-1978, SC-597) (Reasonable – J/F/R) Menaka Gandhi’s passport was impounded by the government. She challenged t...

Protection in Respect of Conviction for the Offences: Article-20 of the Indian Constitution provides the following safeguards to the persons accused of crimes: Article-20 (1) Ex Post Facto Law Article-20(2) Double Jeopardy Article-20(3) Self Incrimination Ex-Post Facto Law: Article-20 (1): No person shall be convicted of any offence except for the violation of law in force at the time of commission of an offence nor be subjected to a penalty greater than that, which might at the time of the commission of an offence. In Kedarnath        V State of West Bengal The accused convicted an offence in 1947, then on 1949 a law was amended which enacted the punishment for such offence. The Supreme Court held that the enacted punishment will not be applicable to the act that was committed by the accused in 1947. In Mohanlal       V State of Rajasthan The accused was convicted for the offence under section-18 of NDPS Act and the ...

 Article-19 to 22: Right to Freedom: Article-19 of the constitution guarantees to the citizens of India, the following 6 fundamental freedoms: 19(a) Freedom of Speech and Expression 19(b) Freedom of Assembly 19(c) Freedom to form Associations 19(d) Freedom of movement 19(e) Freedom to reside and to settle  19(f) Omitted 19(g) Freedom of profession, occupation, trade or business Reasonable Restrictions The guarantee of each of the above rights s restricted by the constitution itself by giving the state a power to impose by law the reasonable restrictions, as it is necessary for the larger interest of the community. The restrictions on these freedoms are provided in clauses (2) to (6) of Article-19. The restriction must be reasonable restrictions. Article-19:Freedom of Speech and Expression: Article – 19(1) (a) and 19(2): Article-19(1) (a): Freedom of speech and expression is guaranteed under Article-19(1) (a) of the constitution. It means the right to e...