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Showing posts from August, 2023

Do you know about section 53 of Indian Penal Code.

  What are the different kinds of punishment under IPC with examples - The five different kinds of punishments awarded by the Indian Penal Code, 1860 have been enumerated under Section 53, and those are: Death Life imprisonment Simple and rigorous imprisonment Fine Forfeiture of property Example of Death Sentence and Life Imprisonment : Dacoity with murder. Example of rigorous imprisonment: House-trespass in order to commit offence punishable with death.  Example of Simple Imprisonment: Defamation.  Example of fine: Minor driving offences or theft. Example of Forfeiture of property: Committing depredation on territories of Power at peace with the Government of India. The penal code in sections 53 to 75 has provided for a graded system of punishment to suit the different categories of offences for which the offenders are accountable under it. The criminal law adheres in general to principle of proportionality in prescribing liability according to the culpability of each ki...

Do you know about section 103 of Indian Penal code Code.

The right to private defence of property extends for which offence under section 103 of IPC.  The provision right to private defence of property extends under section 103 Of IPC are given below-  When the right of private defence of property extends to causing death.—The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely—                  (a) Robbery.                  (b) House-breaking by night;                  (c) Mischief by fire committed on any building, tent or vessel, which building, tent        ...

Rights Of Raiyat in West Bengal Land Reforms Act 1955

What are the rights of raiyat in respect of land under West Bengal Land Reforms Act 1955? Section 4 of the West Bengal Land Reforms Act 1955 ,  stated that the provision of rights of Raiyat in respect of land.  Section 4 mentions the extent of the rights of Raiyats along with the limitations in respect of their land. Sub-section ( 1 ) declares the Raiyat as an absolute owner of his plot of land and also makes the right heritable and transferable. But a person or an institution shall not be regarded as a Raiyat for the purpose of this section if such person or institution holds any plot of land - i ) under any permit, lease or license granted under the provisions of this section ,or  ii) as a ' thika ' tenant defined in section 2 (14) of the West Bengal Thika Tenancy (Acquisition and Regulation ) Act 2001, or iii) under ' sariati 'interests or by retaining such plot of land under section 6 (1)(g) , read with section 6 (3) of the West Bengal Estates Acquisitio...

Raiyats in West Bengal Land Reforms Act 1955

'' Land'' is a very important issue in different connotations. It is rightly stated by the Supreme Court in Shri Ram Narayan vs State of Bombay, AIR 1953 SC 459 - ''Land'' , that is to say rights in or over land, land tenures including the relation of landlord and tenant, the collection of rents; transfer and alienation of agriculture lands ; land improvement and agriculture loans; colonization''. In the other words, '' Land '' is an immovable and indestructible three dimensional area consisting of a portion of the earth's surface, the space above and below the surface, and everything growing on or permanently affixed in it. Not only the concept of land, its use is also multidimensional, because land is used for agricultural  purpose as well as non agricultural purposes, to construct building, highway, etc.  Raiyat -   Section 2 (10) of the west Bengal Land Reform Act 1955 defines Raiyat. ' Raiyat ' means ...

HISTORY AND DEVELOPMENT OF PROBATION

  How long is a person '' on probation '' ? The amount of time you are on probation depends on the offence and laws of your state. Typically, probation lasts anywhere from one to three years, but can last longer and even up to life depending on the type of conviction, such as drug or sexual offences. What are some examples of the terms and conditions of probation?   A person who is placed on probation is usually required to report to a probation officer and follow a variety of conditions during the probation period.  Specific conditions may include:  Regularly meeting with your probation officer at set times.  Appearing at any schedule court appearances. Paying fines or restitutions               ( Monies to victims). Avoiding certain people and places . Not travelling out of state without the permission of your probation officer . Obeying all laws, including minor laws such as jaywalking.  Refraining from illegal drug use...

NATURE OF PROBATION

Meaning of Probation - Probation is the suspension of a jail sentence that allows a person convicted of a crime the chance to remain in the community, instead of going to jail. Probation requires that you follow certain court ordered rules and conditions under the supervision of a probation officer. Typical conditions may include performing community service, meeting with your probation officer, refraining from using illegal drugs or excerise alcohol, avoiding certain people and places ,and appearing in court during requested time. Classification and types of probation : Probation can be classified into two types formal and informal. A formal one involves a probation officer's tight monitoring, whereas an informal one involves reporting to a court for court fees or other expenses. When a person is accused of a violent crime, formal probation is usually granted, while informal probation is usually granted when the offense is less serious. Apart from that, there are num...

Nature and Purpose Of Criminal Law

Law -                The term 'law' which comes from old English word ' lagu ' means 'something laid down or fixed '. The term 'legal'which comes from Latin word 'legalis'or lex means law. The term 'statute'is a system of rules usually enforced through a set of institutions. The purpose of law is to provide an objective set of rules for governing conduct and maintaining order in a society. The oldest known codified law is the code of Hammurabi, dating back to about 1754 BC. The preface directly credits the laws to the code of Hammurabi of Ur. In different parts of the world, law could be established by philosophers or religion. In modern world,  laws are typically created and enforced by governments. These codified laws many coexist with or contradict other forms of social control, such as religious proscriptions, professional rules and ethics, or the cultural mores and customes of a society. Criminal Law -      ...

West Bengal Land Reforms act 1955

    West Bengal Land Reform Act 1955       #Notes #Law #Section14G                                  Q.1)  Discuss in brief the power to the revenue officer to settle or sell plot of land for realization of certificate dues as per section 14G of West Bengal land reform Act 1955 . Ans -  The provisions of  Power to the Revenue Officer to settle or sell [plot of land] for realization of certificate dues section 14G are given below— (1) When a certificate is filed for the recovery of an arrear of revenue or any other public demand recoverable under the Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of 1913), in respect of the [plot of land] of a raiyat belonging to a Scheduled Tribe, the Certificate Officer shall, before a proclamation for sale of the [plot of land] is issued in execution of the certificate, refer the case to the Revenue Officer ha...