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UPSC Law Optional Mains Notes

Notes for Article 13 under Indian Constitution

CONCEPT OF ART 13 IN CRUX |  Article 13(1) refers to pre-Constitution laws while Art. Article  13(2) refers to post Constitution laws. Article 13(3) says what are laws  WHAT ART 13 SAYS ? A law is void if inconsistent with a Fundamental Right. EFFECT OF VOIDNESS | A void statute is unenforceable, non-est, and devoid of any legal force: courts take no notice of such a statute, and it is taken to be notionally obliterated for all purposes. PROPOSITION | Any law made in contravention of Part III is dead from the very beginning and cannot at all be taken notice of or read for any purpose whatsoever.  But this is subject to few exceptions : 1ST EXCEPTION  : Art. 14,21 - apply to all persons i.e., to citizens as well as non citizens but art. 19 is applicable only to citizen.  Whenever  a law is inconsistent with a Fundamental Right of the former type is ineffective qua all persons. On the other hand, a law inconsistent with a Fundamental Right available to citizens only, is non-est only qua citizens but not qua non-citizens who cannot claim the benefit of the Fundamental Right in question. 2ND EXCEPTION |  Art. 13(1) is prospective and not retrospective. Therefore, a pre -Constitution law inconsistent with a Fundamental Right becomes void only after the commencement of the Constitution. Any substantive rights and liabilities accruing under it prior to the enforcement of the Constitution are not nullified. It is ineffective only with respect to the enforcement of rights and liabilities in the post-Constitution period.

UPSC Law Optional Mains Notes

UPSC LAW OPTIONAL MAINS NOTES | JOINT AND CONSTRUCTIVE LIABILITY UNDER IPC

UPSC LAW OPTIONAL MAINS NOTES | JOINT AND CONSTRUCTIVE LIABILITY UNDER IPCLAWXPERTSMV.                                                                                                #REVISION NOTES Joint and Construtive Liability : Section 34 and 149. JOINT LIABILITY UNDER SECTION 34, I.P.C. WHAT SECTION SAYS ? |  Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. Section broken into essentialsRATIONALE | Section 34 is an interpretative provision which lays down the common-sense principle that if two or more persons do a thing jointly it is just the same as if each of them had done it individually. COLONIAL LEGACY ! Reg. v. Cruse  in which a constable was beaten up by a few people when he had gone to arrest one of their friends. It was held that each person was equally responsible for the attack whether he actually struck the constable or not. SECTION 34 BROKEN INTO ELEMENTS FIRST ELEMENT : A criminal act must be done by several persons : The act in S. 34 includes series of previous acts as a single act in order to determine the criminal intention of the participants.SECOND ELEMENT : COMMON INTENTION : Beginning with the decision of the Privy Council in Mahboob Shah v. Emperor considerable emphasis is laid on proof of a prearranged plan or premeditated concert as being necessary to infer a common intention under S. 34. SOLUTION : Nevertheless, it has also been pointed out that a common intention may arise in the course of the act and not necessarily exist before the act.  It may develop on the spot. In Amrik Singh v. State of Punjab : the court has also opined that for establishing common intention in every case it is not required for the prosecution to prove a pre-arranged plot or prior concert. Likewise it is observed "what is meant by common intention is the community of purpose or common design or common intent....” The section does not say "the common intention of all", nor does it say "and intention common to all". STEP 1 :  Finding intention common to all. STEP 2  : Having ascertained the common intention in the above sense from the conduct of all the parties, the next step taken is to find out whether the particular offence committed is in furtherance of the common intention. STEP 3: Something done by a member of the group on his own initiative - a fresh and independent product of the mind of the wrongdoer. STEP 4 :To analyse facts carefully and to examine the inter-connection between them in order to find out as to what was done in furtherance of the common intention and what was not done in furtherance of it. FINDING MENS REA IN ONE PERSON = IMPUTED TO ALL. To determine what offence is actually committed, a further investigation of the mens rea of the person committing the particular act or acts is necessary, but this mens rea need not be shared by others, as it is automatically imputed to them. Cont …………………………………………………. For complete notes subscribe to our courses .

UPSC Law Optional Mains Current Affairs

WHETHER ANIMAL SLAUGHTER JUSTIFIED ???

WHETHER ANIMAL SLAUGHTER JUSTIFIED ??? Whether killing of animals or slaughtering of cows is a justified act | This issue was discussed by Supreme Court on 14/10/2020 CASE NAME | MATHEWS J NEDUMPARA V. UNION OF INDIA FACTS | Petition was filed for prohibition of slaughtering of cows in inhuman manner, poaching of elephants, killing of wild animals for protecting crops and sacrificing of animals for religious practices. Many wild animals are killed or maimed for meat and farmers face problem when animals enter their farms and destroy the crops. ISSUES INVOLVED Prohibition of slaughtering of cows, poaching of elephants and sacrifice of animals for religious practices Whether killing of animals for protection of crops is justified. That the punishments for violation of provisions of Prevention of Cruelty to Animals Act, 1960, are within very narrow compass and archaic both in terms of consequences of fine or imprisonment. RELEVANT LEGAL PROVISIONS | Slaughtering of animals specially milking and pregnant cows, calves, buffalo's, goats, poultry is in itself an inhuman act and also amounts to violation of Article 48, 48A, 51A(g) of the Constitution of India.  The other legislation for protection of animals are The Wildlife Protection Act, 1972, Animal Welfare Board of India, Environment Protection Act, The Prevention of Cruelty to Animals Act, 1960 which prevent the suffering of any harm or prevents inflicting harm to animals. IMPORTANT CASE TO NOTE | In Nagaraja case, the court held that animals also have fundamental right to life and liberty under Article 21. DECISION OF THE PRESENT CASE | The bench examined different laws protecting animals and held that this is matter of enforcement and therefore executive must take action to implement the provision of laws protecting animals. In relation to 2nd issue court said that it is again within purview of executive to see whether the punishments under Prevention of Cruelty Act are appropriate or not.

UPSC Law Optional Mains Notes

NOTES FOR MISTAKE AS GENERAL DEFENSE UNDER IPC

LAWXPERTSMV  | UPSC LAW OPTIONAL MAINS NOTES MISTAKE AS GENERAL DEFENCE UNDER IPC OFFENCES AND EXCEPTIONS | Section 6 of IPC lays down that throughout the IPC, every definition of an offence shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition. Chapter IV of the IPC deals with the General Exceptions, comprising of Sections 76 to 106. It exempts a person form criminal liability even if he has committed the actusreus with the required  mens area. NOTE | These “General Exceptions” are available to all offenses. Object of Chapter IV : An offence need not occur always with ill mind it may happen as accident, mistake etc . Therefore punishing anyone even under such circumstances would be injustice. In other words it is not possible for every offense to be absolute and without any exception. The Code was drafted upon the assumption that all exceptional circumstances are absent. For example, every man is assumed to be sane and not under the influence of alcohol. But this is not always the case and the Code makes provisions for such instances by way of this chapter. So what can be done ? Instead of adding the limitations or exceptions to every offence, the makers of the Code made a separate chapter which is applicable to the entire Code. Therefore the objects of this chapter can be summarized as: 1. To identify the exceptional circumstances by which a person can escape criminal liability and 2. To remove the necessity of repeating the exceptions for every offence, thereby making the Code simpler and streamlined. MISTAKE OF FACT AND LAW NATURE OF EXCEPTION | Exceptions are of two types viz excusable and justifiable. Mistake is an excusable Exception. RELEVANT LEGAL PROVISION |  It is contained in Chapter IV of IPC in Sections 76 and 79. TYPES OF MISTAKE RECOGNISED | “Mistake of Fact” and “Mistake of Law”. LEGAL MAXIM | “Iqnorantia fact doth excuse; Ignorantia juris non excusat.” MEANING | Ignorance of fact is an excuse, but ignorance of law is not excused INGREDIENTS FOR MISTAKE TO BE A DEFENCE | In order to constitute an exception the necessary ingredients are as follows: · There must be an act done · The act must contain ingredients of an offence · The act done must be due to ignorance of fact · There must be good faith in doing the act ie there must be due care and caution or such belief · Belief that he is bound by law to do the act. Some or all of the above ingredients shall be present in order to plead the General Exception of Mistake. EFFECT |  If the act comes under Mistake, the accused will not be punished. MISTAKE OF FACT | A mistake which takes place when some fact which really exists is unknown; or some fact is supposed to exist which really does not exist. MISTAKE OF LAW | A mistake of law occurs when a person having full knowledge of facts comes to an erroneous conclusion as to their legal effect. SECTION 76 |  Act done by a person bound, or by mistake of fact believing himself bound, by law: Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law, in good faith believes himself to be, bound by law to do it. Illustrations: (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence. (b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. INGREDIENTS | 1. “Mistake of fact and not by reason of a mistake of law”: This phrase in the Section means that a mistake of fact is excusable, but a mistake of law is not excusable. REASON |It is the duty of every citizen of the land to know the law of the land, and to behave accordingly. Therefore it is presumed that everyone knows the law of the land. 2. “Good faith”: The words “good faith” means “the act done with due care and attention”. They also include the genuine belief of the person. 3. “In good faith believes him to be bound by law”: This phrase means that the accused should be in good faith and he must be under confidence that he was bound by law to do that act. REASON | This Section is mainly intended to safeguard the subordinates, who are compelled to follow the superior’s orders CASE LAW | State of West Bengal vs. Shiv Mangal Singh FACTS | While the police were patrolling in the outskirts of the town in the night, some armed people attacked them, and an Assistant Commissioner of Police was badly injured. The Deputy Commissioner of Police ordered firing against the unknown persons. Two persons were died. The Court held that the police were protected under Section 76, being they were bound to protect law and order. It does not mean that every superior officer’s firing order is protected by Sec. 76 or 79. CAUTION | The order must be given in good faith, and to protect the peace, law and order. The subordinate officers should feel that the order given is given in good faith. Cont………………………..For complete notes subscribe to our course. UPSC LAW OPTIONAL MAINS 2020 CRASH COURSE STARTED ON 11TH OCT 2020 TO ENQUIRE ABOUT COURSES CONTACT US - 2020 and 2021 – UPSC LAW OPTIONAL MAINS COURSES Call / Whats app -6382125862 Website – www.lawxpertsmv.com E-mail – lawxpertsmv@gmail.com

JUDICIAL SERVICE NOTES

Notes for Specific Relief Act

Lawxpertsmv India – Premium Notes for Judicial Service Topic - Specific Relief Act, 1963 Why Specific Relief Act ?  It provides remedies for persons whose civil or contractual rights have been violated This legislation has been necessary because Indian Contract Act, 1872 provides only the relief of compensation in the case of breach of contract. It was found that there might be situations wherein grant of compensation would not afford adequate relief and only specific performance of the contract would render justice and provide adequate relief. Application | This Act applies to whole of India. Originally this Act, applied to whole of India except the State of Jammu and Kashmir. Recent amendment | The words, ‘except the State of Jammu and Kashmir’ have been omitted by Section 95(1) read with entry 8, Table 1 of the 5th Schedule of the Jammu and Kashmir Re-organization Act, 2019 with effect from 31.10.2019. Important definitions Obligation- includes every duty enforceable by law; Settlement  - It is an instrument [other than a will or codicil as defined by the Indian Succession Act, 1925] whereby the destination or devolution of successive interests movable or immovable property is disposed of or is agreed to be disposed of. Trust – It has the same meaning as in section 3 of the Indian Trusts Act, 1882 and includes an obligation in the nature of a trust within the meaning of Chapter IX of that Act. Trustee – It includes every person holding property in trust. Application | This Act does not deprive right to relief to any person other than the specific performance which he may have under any contract. It does not affect the operation of Indian Registration Act, 1908 on documents # section 3 Specific relief granted for what purpose: Section 4 | The purpose for which specific relief is granted is for enforcing individual civil rights and not merely for the purpose of enforcing penal law. This Act deals with civil matters. Recovery of Specific immovable property: Section 5 A person entitled to the possession of specific immovable property may recover it in the manner provided by the Civil Procedure Code, 1908. What section 5 implies ? Section 5 provides a normal remedy for dispossessed person in case of immovable property. This remedy is available according to the procedure provided under CPC, 1908, i.e. by filing a suit. Need for section 5 | When immovable property is dispossessed, there is always a chance of resistance and violence because people try to take law in to their hands. Therefore, solution to process of dispossession has to be found. Essence of section 5 | This section deals with action for recovery of possession of specific immovable property based on title. Thumb rule of section 5 | Whoever proves a ‘better title’ is a person “entitled to possession”. The title may be on the basis of ownership or possession. Illustration | Suppose A enters into peaceful possession of land claiming it as his own although he might have no title to it, still he can sue another who has forcibly ousted him from possession and who has no better title to it, because A, although he has no legal title, has at least a possessor title. Immovable property | The term ‘immovable property’ is not defined under this Act, so, its definition can be derived from Section 3(26) of the General Clauses Act, 1897. Section 3(26) of General Clauses Act, 1897- immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. Limitation | Section 5 of SRA must be read with Articles 64, 65 of the Limitation Act, 1963. According to Burden of proof is on the defendant to prove that the suit is barred by Article 65 of the Limitation Act. Period of limitation to file suit under Section 5 is 12 years as provided under Article 64 and 65 of Limitation law. ARTICLE SUIT LIMITATION PERIOD Time from which period begins to run 64 For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed Twelve years The date of dispossession. 65 For possession of immovable property or any interest therein based on title Twelve years When the possession of the defendant becomes adverse to the plaintiff For complete notes subscribe to our courses COURSES FOR JUDICIAL SERVICE | SPECIALLY DESIGNED COURSE FOR EACH STATE AVAILABLE TO ENQUIRE ABOUT COURSES CONTACT US Call / Whats app -6382125862 Website – www.lawxpertsmv.com E-mail – lawxpertsmv@gmail.com

UPSC Law Optional Mains Notes

FEW IMPORTANT POINTS ON DEATH PENALTY | UPSC LAW OPTIONAL MAINS NOTES

LAWXPERTSMV.                                                                 UPSC LAW OPTIONAL MAINS NOTESFEW IMPORTANT POINTS ON CAPITAL PUNISHMENT UNDER IPCCONCERNED SECTION | Section 53 of Indian Penal Code. "Punishments" The punishments to which offenders are liable under the provisions of this Code are First­ Death; Secondly­ Imprisonment for life; Thirdly ­ Abolished Fourthly­ imprisonment, which is of two descriptions, namely:­ (1) Rigorous, that is, with hard labor; (2) Simple, Fifthly­ Forfeiture of property; Sixthly­ Fine Important Supreme Court judgments related to Capital Punishment: 1. Bachan Singh v. State of Punjab, 1980Kehar Singh v. Union of India, 1989: Pardoning power of executive is subject to judicial review. 2. Bhagwan Das v. State, 2011: SC ruled that the death penalty should be rendered as punishment in cases of “honour killings.” The Law Commission of India, however, disagreed with the ruling on the ground that the death penalty should be used “only in very exceptional and rare cases.” 3. Shatrughan Chauhan v. Union of India, 2014: SC ruled that “undue, inordinate and unreasonable delay in execution of death sentence amounts to torture” and was a ground for commutation of sentence. The court also stated that the execution of people suffering from mental illness would be unconstitutional. The Court, observed that considerations such as the gravity of the crime, extraordinary cruelty involved or some disastrous consequences for society caused by the offence are irrelevant after the Constitution Bench decision in Bachan Singh’s case in 1980. 4. Devendra Pal Bhullar, 2014: SC commuted death sentence of Devinder Pal Bhullar, a convict in 1993 Delhi bomb blast case to life imprisonment, both on the ground of unexplained/inordinate delay of 8 years in disposal of mercy petition and on the ground of insanity/mental illness/schizophrenia. WHEN DEATH SENTENCE CAN BE IMPOSED ?  Bachan Singh v. State of Punjab, (1980) 2 SCC 684 CIRCUMSTANCES AND FACTORS : I.Manner of Commission of Murder: When the murder is committed in an extremely brutal, grotesque, diabolical. revolting, or dastardly manner. II. Motive for Commission of murder: When the murder is committed for a motive which is very means. For instance when A  hired assassin commits murder for the sake of money or reward etc.. III Anti Social or Socially abhorrent nature of the crime: (a) When murder of a Scheduled Caste or minority community etc.,. (b) In cases of 'bride burning' and what are known as 'dowry deaths' IV. Magnitude of Crime: When the crime is enormous in proportion Example : serial killers etc  V. Personality of Victim of murder: When the victim of murder is (a) an innocent child who could not have or has not provided even an excuse, much less a provocation, for murder. (b) a helpless woman or a person rendered helpless by old age or infirmity (c) when the victim is a person vis-a vis whom the murderer is in a position of domination or trust (d) when the victim is a public figure generally loved and respected by the community for the services rendered by him and the murder is committed for political or similar reasons other than personal reasons ground of insanity/mental illness/schizophrenia. ALTERNATIVE INNOVATION FOR DEATH PENALTY | Death penalty is substituted with a “special category” of prolonged life imprisonment. This judicial innovation, formalised by a Constitution Bench of the Supreme Court in the Rajiv Gandhi killers’ case in December 2015. AIM OF THIS INNOVATION | It  helps “get rid of death penalty” and addresses the genuine concerns of the society to see justice done No remission  : The innovation involves substituting death penalty with a “special category” of life imprisonment without the benefit of release on remission for prolonged periods ranging from 25 to 30 years, if not more. OTHER CASES : Union of India versus Sriharan alias Murugan . LIMITATION | The special category is to be limited to a “very few cases”. AUTHORITATIVE OUTPUT | This special category finds its first mention in the Swami Shraddananda versus State of Karnataka judgment of the Supreme Court in 2008. CONCLUSION | Society’s concerns  : “The judicial innovation bridges the gap between death sentence on the one extreme and only 14 years of actual imprisonment in the name of life imprisonment on the other. Cont………….. For complete notes subscribe to UPSC LAW OPTIONAL MAINS NOTES LAWXPERTSMV INDIA UPSC LAW OPTIONAL MAINS 2020 CRASH COURSE STARTS ON 11TH OCT 2020TO ENQUIRE ABOUT COURSES CONTACT US - 2020 and 2021 – UPSC LAW OPTIONAL MAINS COURSES Call / Whats app -6382125862 Website – www.lawxpertsmv.com E-mail – lawxpertsmv@gmail.com

UPSC Law Optional Mains Notes

General principles of criminal liability : Crime definition, mens rea and Actus rea

General principles of criminal liability : Crime definition, mens rea and Actus rea DEFINITION OF CRIME1. CRIMINAL SCIENCE = study of criminal law,  criminology & penology.  2. WHAT IS A CRIME ? You do a breach by action / omission as defined by the law - for which there is punishment not mere compensation. WHO DEFINES IT ? IPC defines only offence and not crime. · --the word “offence” denotes a thing made punishable by this Code S.40 OF IPC.  3 ESSENTIAL ATTRIBUTES OF CRIME: 1. Crime = an act = commission/omission on the part of a human being, which is =  harmful + prohibited =  by the state. 2. The transgression of such harmful acts is prevented by a threat or sanction of  punishment administered by the state; and 3. The guilt of the accused is determined after the accusation against him has  been investigated in legal proceedings of a special kind in accordance with  the provisions of law (CRPC & Evidence law)  3. COMPREHENSIVE ANALYSIS OF THE DEFINITION OF CRIME ? CRIME IS A PUBLIC WRONG : Romans = crimes as delicacy publica [public wrongs];  Blackstone = act/ omission in violation of public rights & duties = in the community;  CRITICISM : all the acts injurious to public are not necessarily a crime # KENNY .  CRIME AS A MORAL WRONG : Those acts that go against social order and are worthy of serious condemnation.  Crime  = immoral and anti-social acts # GARAFALO.  CRIME AS A CONVENTIONAL WRONG:  Criminal behaviour is a behaviour in violation of the criminal law. CRITICISM :  Crime can also be anything which is not violating criminal law.  CRIME AS A SOCIAL WRONG : Crime is an act that has been shown to be actually harmful to society. . JOHN GILLIN. CRITICISM : Fails to explain the criminal behaviors. Eg : Dowry is a crime ; there is hardly any change in people attitude.  CRIME AS A PROCEDURAL WRONG : Defined in the terms of nature of the proceedings:  a wrong which is pursued by the sovereign or his subordinates is a  crime. CRIME AS LEGAL WRONG:  legal wrong = when a penal statute prescribes punishment for an act or illegal omission it  becomes a crime # SEC.32 IPC. CRIME : AS DEFINED BY SUPREME COURT OF INDIA: In this context, reference to certain authorities that deliberated the conception of crime in the societal context would be apt. 1. Every crime is considered as an offence against the society as a whole and not only against an individual even though it is an individual who is the ultimate sufferer.State of Maharashtra v. Sujay Mangesh Poyarekar 2. It involves a serious invasion of rights and liberties of some other person or persons. Mohd. Shahabuddin v. State of Bihar and others(2010) 4 SCC 653 , 3. It is, therefore, the duty of the State to take appropriate action against the offender. It is equally the duty of a court of law administrating criminal justice to punish a criminal. Vinay Devanna Nayak v. Ryot Sewa Sahakari Bank Ltd.  (2008) 2 SCC 305 4. DYNAMIC NATURE : In Kartar Singh v. Stateof Punjab (1994) 3 SCC 569 this Court observed that:- “446. What is a crime in a given society at a particular time has a wide connotation as the concept of crime keeps on changing with change in political, economic and social set-up of the country. The Constitution-makers foresaw the eventuality, therefore they conferred such powers both on Central and State Legislatures to make laws in this regard. Such right includes power to define a crime and provide for its punishment.” From what has already been stated, it will appear that crime is a) either an act or an omission b) the act should be something forbidden by law. c)  the omission must relate to something not performed, although Law commanded its performance; d)  “omission” must be an illegal omission, that is, there must be a legal duty to do but it is not done. Example: The Officer-in-Charge of Mussoorie Police Station, sees an accused in the police lock-up being beaten up by a Head Constable. The O.C. does not do anything. It is not only an omission but it is also an illegal omission because it is his legal duty to prevent such act. The O.C. commits a crime. e) The act alone is not sufficient. The mind must be at fault. In other words, Mens Rea must be there. f) Law dubs an act or omission as crime, when the society perceives the same to be injurious. g) Crime is something, which must have resulted from human behaviour. h) Crime is a violation of that branch of public law, which may be described as “criminal law” i) The sanction prescribed for commission of crime is ‘punishment’. Examples: If your servant steals your wrist watch, he may be jailed and also fined. Here, imprisonment and fine are the punishments. Cont………………for complete notes subscribe to UPSC LAW OPTIONAL MAINS CRASH COURSE 2020 UPSC LAW OPTIONAL MAINS 2020 CRASH COURSE STARTS ON 7TH OCT 2020 TO ENQUIRE ABOUT COURSES CONTACT US -  New batch starts on 16th September 2020 and 2021 – UPSC LAW OPTIONAL MAINS COURSES Call / Whats app -6382125862 Website – www.lawxpertsmv.com E-mail – lawxpertsmv@gmail.com

UPSC Law Optional Mains Current Affairs

Distinction between section 308 and 324 IPC – UPSC Law Optional Mains Current affairs 2020/2021

What these sections say ? Section 308 of IPC: Attempt to commit culpable homicide Whoever does any act with such intention or knowledge and under such circumstances that, if he by that Act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, and if hurt is caused to any person by such Act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Section 324 of IPC: Voluntarily causing hurt by dangerous weapons or means Whoever, except in the case provided for causes voluntary hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by any means of any explosive or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. ISSUE | How section 308 and 324 IPC is applied practically ? CONCERNED CASE LAW | The Supreme Court has decided the issue in relation to Section 308 and 324 of IPC in its criminal appellate jurisdiction in the case of Roop Chand @ Lala v. State (NCT) of Delhi. Ordered on 22/09/2020 FACTS | Respondent had to pay Rs. 100 to the appellant and on his refusal to pay the debt, appellant slapped him. Responded tried to call his father and in the meanwhile appellant attacked him with sharp-edged weapon causing injury on his left side of hear near to eye. Case got registered under Section 324 of IPC. After looking into the medical report, it was found that offence falls under Section 308 of IPC. Trial court and High Court held him guilty under Section 308 IPC. Then appeal was made before the apex court. ISSUE BEFORE THE COURT | Whether the offence committed by the appellant falls under the ambit of Section 308 or 324 of the IPC. Distinction between the Section 308 and 324 of IPC by Supreme Court Nature of injury as the deciding factor | The three judge bench of the court observed that injuries as provided under Section 308 must be such that may probably cause death whereas in case of Section 324, injuries may or may not put one’s life in danger. Intention as deciding factor | In order to make any a person liable under Section 308 his ‘intention’ or knowledge’ to commit such offence need to be proved but on the other hand under Section 324, causing of hurt voluntarily by means of instrument for stabbing or cutting is sufficient. Thus, Section 324 of the IPC creates liability for willfully inflicting injuries on the other person. Finding of the court: The court held that requirements of Section 308 IPC are not complete, thus, converted the conviction of appellant from Section 308 to under Section 324 of IPC and imprisonment is reduced from period of rigorous imprisonment of three years to period he has already undergone. MODEL QUESTIONS FROM THE TOPIC CONCERNED – UPSC LAW OPTIONAL MAINS PAPER II QUESTION 1 : A stabbed B with a sharp instrument which caused injury near ears and eyes – Decide the liability of A. QUESTION 2 : The offence of attempt to commit culpable homicide and offence of voluntary causing hurt by dangerous weapon would create confusion when applied to practical situations, discuss the clarifications given by court to rectify such issue. UPSC LAW OPTIONAL MAINS 2020 CRASH COURSE STARTS ON 7TH OCT 2020 TO ENQUIRE ABOUT COURSES CONTACT US | 2020 and 2021 – UPSC LAW OPTIONAL MAINS COURSES Call / Whats app -6382125862 Website – www.lawxpertsmv.com E-mail – lawxpertsmv@gmail.com

UPSC Law Optional Mains Current Affairs

IS SUPREME COURTS VERDICT AN ASSAULT ON FUNDAMENTAL RIGHT ?

What happened ?  Recently contempt case was instituted against activist lawyer Prashant Bhushan. Legal issue involved: Whether it is assault on fundamental freedom of speech ? Facts to be noted : In his case, the lawyer made two tweets regarding the working of the Supreme Court and conduct of Chief Justice of India while the Nation was facing the lockdown. The Supreme Court has said that the tweets amount to serious contempt of the court. Then ! The apex court held him guilty under the contempt proceedings and asked the lawyer to apologize and withdraw his tweets but he refused to so. Reason : The reason why the court asked him to give apology was that proviso to Section 12 of the Contempt of Courts Act, 1971 provides that accused can be discharged or if punishment has been awarded will be remitted if he apologizes to the court. Contempt charges : The court held him guilty for contempt of court and imposed fine of Re. 1 and in held that in case of default of payment of fine, he will be awarded imprisonment of three months and will face expulsion from practice before courts for three years. Freedom of speech v. contempt of court Relevant legal provisions : Article 19(1)(a) – Right to freedom of speech and expression Article 19(2) – Reasonable restrictions on freedom of speech and expression Contempt of Courts Act – especially section 5 – fair criticism on judicial acts Freedom of speech and its restrictions: Article 19 (1)(a) of the Constitution of India provides that freedom of speech to every citizen of India, it means he can freely express his views but this right is subject to some reasonable restrictions like interest of the sovereignty, integrity and security of India, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement of offence. What does contempt of court act says ? Constructive criticism is considered as an essential factor in the growth of democracy. In fact, section 5 of the Contempt of courts Act provides that fair criticism of judicial act does not amount to criticism. Thus, whether the tweets were within the within the purview of freedom to express one’s views or not is a moot point . UPSC LAW OPTIONAL MAINS EXPECTED QUESTIONS FROM THE TOPIC CONCERNEDConstitution has given the Supreme Court and High Court the power of contempt and same constitution provides us the fundamental right to speech and expression , how this power is balance with right to speech and expression ? Explain with recent issues.How power of courts punish for contempt co-exist with our right to speech  ?A writes “ Rama the high court judge rides other BMW making the institution of court a mock on justice” on social media – is A liable for contempt of court. Explain with recent issues.     UPSC LAW OPTIONAL MAINS 2020 CRASH COURSE STARTS ON 7TH OCT 2020TO ENQUIRE ABOUT COURSES CONTACT US        2020 and 2021 – UPSC LAW OPTIONAL MAINS COURSES Call / Whats app -6382125862Website – www.lawxpertsmv.comE-mail – lawxpertsmv@gmail.com

Achievements

UPSC LAW OPTIONAL 2019 MAINS TOPPER'S STRATEGY : VIBHA SINGH

Dear Mam, Our hearty wishes for your success and huge thanks for sharing your precious strategies which would help your fellow aspirants. Few questions that may help fellow aspirants : QUESTION 1 :Name and reason for choosing UPSC ? * Vibha Singh QUESTION 2 :Your strategy for prelims? * I relied on basic books for static portion and one monthly magazine and newspaper for current affairs. Minimum resources and multiple revision was key to my success. QUESTION 3 :Your preparation methodology for Mains - general studies? * I covered every topic mentioned in the syllabus for mains thoroughly and made notes for that adding dynamic portions from newspaper reading everyday. Here also my motto was multiple revision. Test series is also very necessary for practicing answer writing. QUESTION 4 :What is your "Law optional preparation and writing strategy "? * For law optional I relied on standard books on every topic and also referred to dukkis. I diligently solved previous year papers to get a hold over the syllabus and joined test series at Lawxpertsmv for practicing answer writing. QUESTION 5 :How was Lawxperts helpful for your preparation ? * The test series at Lawxpertsmv was very helpful in giving a structure to my answers. As the papers were set in the UPSC format so it helped a lot in finishing the paper on time. QUESTION 6 :Any advise for UPSC Aspirants ? * Minimum resources and Maximum revision was my motto throughout the preparation, so i advice the same to aspirants.