Principal & Accessory A crime may be committed by one person or more than two people, when several persons commit a criminal act, there is a need to make a necessary distinction between them based on the degree of culpability. The degree will depend on the level of participation in the crime. The law recognises
... Continue Reading.[Karan Kamath is a 2020 B.A. LL.B. (Hons.) graduate from Symbiosis Law School, Pune.] On August 19, 2020, a Division Bench of the Supreme Court decided Avitel Post Studioz Ltd. v. HSBC PI Holdings (Mauritius) Ltd., wherein the central question related to arbitrability of fraud, in an appeal arising out of the Bombay High Court’s
... Continue Reading.[Announcement on behalf of CARTAL] The Centre for Advanced Training and Research in Arbitration Law (‘CARTAL’) provides a platform for academicians, professionals and students to interact and discuss contemporary issues in arbitration law. The mandate of the Centre is achieved by the organization of workshops, conferences and guest lectures to facilitate the understanding of such
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The Allahabad High Court in its latest order dismissed with costs a PIL for revocation of citizenship of Kanhaiya Kumar, former President of the Student’s Union, JNU, in connection to the 2016 Sedition Case. A bench comprising of Justices SK Gupta and Shamim Ahmed noted that the plea has been filed with the sole motive
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Chapter VII of the Indian Penal Code, 1860 in sections 131-140 deals with offences relating to the Army, Navy & Air Force. This deals with offences which are committed by civilians in relation to defence personnel. The main reason this chapter has been incorporated is for those offences in which civilians abet offences committed by
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“There is no society known where a more or less developed criminality is not found under different forms. No person exists whose morality is not daily infringed upon. We must, therefore, call crime necessary and declare that it cannot be non-existent, that the fundamental conditions of social organization, as they are understood, logically imply it.”
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The Madhya Pradesh HC (Indore Bench) granted temporary two-month bail to a man so that during this period the appellant can solemnize the marriage with the complainant. A bench of Justice SK Awasthi was hearing the plea of the appellant who had preferred an appeal under section 14 A (2) of the SC/ST (PA) Act
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Since the beginning of time, in criminal law liability was imposed on the offender whether there was any mental element or intention that needed to be proved. This is the foundation for the concept of mens rea, which is deeply rooted in the history of criminal law. In Criminal Law, liability for one’s actions is
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The Madras High Court, earlier on Wednesday ruled that once a Writ Petition has been partly allowed or an order has been passed modifying the order of the Single Judge, the latter mergers with the order passed in the Writ Appeal and declared that the Doctrine of Merger does not make distinction between orders. It
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In the case of Dr Imrana Khan v. State of U.P., Criminal Misc. WP No. 8632 of 2020, the Allahabad High Court Division Bench comprising of Justices A Samit Gopal and Ramesh Sinha, made an observation that, “…the freedom of speech cannot be extended to such extent which may be prejudicial to the National interest.”
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