Lawwatch

Distinction between Culpable Homicide and Murder

The heinous offence of killing of a person by another is termed as
Murder, Culpable Homicide and Non-Culpable Homicide in India or in
degrees such as First Degree Murder, Second Degree Murder and Third
Degree Murder in the United States of America, depending on the gravity
of intention behind the act and the severity of the way of committing
the crime.

In India, the crime of killing of a human being by another human being
is broadly categorized as Culpable Homicide and Murder under the Indian
Penal Code (IPC). They are enlisted as distinct offences. But the
definition and description of both Culpable Homicide under Section 299
IPC and Murder under Section 300 IPC look almost similar in terms of the
terminology used. Therefore making out the distinction between them is
bit difficult. The lack of distinction perplexes even the learned law
professionals also.

Proving Public Documents in Indian Judicial Proceedings

What is a document?

A document is a material substance on which any matter or thought is
expressed by means of letters, figures or marks, either singly or in
combination, for the purpose of recording them.

Any writing, a printed material, a map, an inscription on a rock, a
caricature, a anything marked by notches etc are examples of a document.

Quashing of FIR or Proceedings under Section 482 CrPC

Inherent powers of the High Court

The Section 482 of the Criminal Procedure Code, 1973 (CrPC) preserves
some awesome inherent powers to the High Court to make such orders that
are necessary:

  • to give effect to any order under the Code,

  • to prevent abuse of the process of any court, or

  • to secure the ends of justice.

Inherent powers are quite different from statutorily prescribed powers.
They have to be exercised by the court only to meet the eventualities
specifically laid down by law as its purposes. They should not be
resorted to like the statutorily prescribed remedy of appeal or
revision, but to be used sparingly, carefully and with abundant caution
so as to avoid any misuse.

The High Court (HC) can exercise the jurisdiction suo moto in the
interest of justice even while exercising other jurisdiction such as
appellate or revisonal.

An Outline of a Trial before a Court of Session

Introduction

A Court of Session is the court, which deals with serious criminal cases and passes any sentence including death, at the district (sessions division) level. It cannot take cognizance of any offence directly, except when it functions as a special court, in accordance with some
special laws.

Therefore a Magistrate initially has to take cognizance of the offence even in a serious criminal case and has the right to exercise the powers relating to bail/remand to custody then. He, thereafter on due examination of the seriousness of the offence, commits the serious case to the Court of Session by sending the record of the case along with the
connected articles, if it is triable exclusively by the latter, and informs the Public Prosecutor of its commitment.

The Court of Session will conduct the case thus committed to it, as provided for in the sections 225 to 237 of the Criminal Procedure Code, 1973 (CrPC).

Law Relating to Succession & Other Certificates

Legal Heirship Certificate, Succession Certificate and Letters of
Administration have close relation. They serve a common purpose – they
are being used for devolution of some rights on the property of a person
died intestate, to their legal descendants. These certificates, because
of their names rather than their contents, create some confusion in the
minds of not only ordinary people but some learned lawyers also. The
purpose of this write up is to bring in some clarity in regard to the
basic nature of those certificates governing inheritance and succession.

The bank accounts, property, personal assets and investments that a
person leaves behind when he dies are altogether called ‘estate’. When
there is a contest in the nature of devolution of the ‘estate’ to the
descendants, it is necessary to obtain legal authority from the court.
Normally, Will is the legal instrument by which a person makes a plan
for disposition of his property after his death. When the deceased
person leaves no Will or his Will cannot be executed due to some
reasons, there comes the role of such a certificate for disposing of his
‘estate’.

Duly Executed Ancient Will Needs No Further Proof

Execution and attestation of Will

A Will, as per Section 63 of the Indian Succession Act, 1925 (ISA),
requires to be attested by two or more witnesses. Each of the witnesses
must have either seen the testator sign or affix his mark to the Will,
or give directions to someone to affix his signature in his presence, or
get personal acknowledgement by the testator of such testator’s assent
to the Will. Above all, each of the witnesses to the ‘Will’ should have
signed the ‘Will’ in the presence of the testator.

Normally the propounder of the Will must show by cogent (and
satisfactory) evidence that the ‘Will’ which the propounder relies on
was signed by the testator, and that the testator was in sound disposing
mind when he signed the ‘Will’, and that he understood the nature and
effect of the disposition, and that he placed his signature on the Will
of his own freewill (and accord), and that too without any force,
coercion or undue influence of whatsoever nature.

Law relating to Will in a Nutshell

Introduction

Will is a legal declaration in the form of a document, expressing the intention of a testator, about how his property would be devolved on whom after his death. It is a personal document of a testator of sound mind, in regard to the disposition of his property in the event of his death. The law authorises any person of full testamentary capacity to
dispose of his property by means of a Will.

The legal provisions governing the Will are provided for mainly in Part VI of the Indian Succession Act, 1925. In proving a Will various sections of the Indian Evidence Act, 1872 would apply.

Testator is a person who makes a Will or testament. The term testator also includes any person appointed by a competent court to administer the estate when the testator does not name an administrator in the Will. The testator of a Will can assign in the Will an administrator (propounder) who has the authority to execute the Will when the testator
dies.

All about Revision in Criminal Cases

Introduction

Revision is the process of examination of an order of a lower court by a
higher court, so as to rectify any improper exercise of judicial power.

The precise purpose of revision is to examine the correctness, legality
or propriety of any proceedings before any inferior court. Revision
keeps the lower court within the bounds of their authority and makes
them work according to well defined principles of law. Revisional
jurisdiction is analogous to power of supervision and superintendence.

Acquittal of the Accused before Defence Evidence

Introduction
Acquittal before defence evidence in sessions trial is something very
rarely happens in Indian courts but there is a legal provision in the
Criminal Procedure Code, 1973 (CrPC), for the purpose. It is a mechanism
incorporated in the law to end the criminal proceedings against the
person accused of criminal offence unnecessarily, at an early
opportunity in the trial process.

Concept of Relevancy in Evidence Act

The term evidence is a bit ambiguous one. It refers to what is adduced by a party in a court proceeding as a means of establishing a fact or its truth. Evidence essentially refers to those items or things that make the truth of a disputed matter quite apparent to a court.