Good Faith in Legal Terms

Section 52 of Indian Penal Code: Good Faith- Nothing is said to be done or believed in “Good Faith” which is done or believed without due care and attention.

Good Faith has a special significance under Criminal Law.

In Bux Chowdry v. King, AIR 1938, it was held that an accused who let his servant work outside the area covered by his license without taking the precaution to ascertain whether that area was covered by his license or not, cannot be said to have acted in good faith even though there may have been no element of dishonesty in his conduct.

The provision hence, regards honesty as immaterial and the presence of “care” and “intention” the sole criteria of good faith.

Comments

Masculinity & Gender Biasness

A woman accusing an entire family for dowry harassment has become normal. But, accusing a 2-month-old in the said case had to sound ignominy and bailing Zoya had to make stirring news for being the youngest person being bailed. [1] This said instance may be odd, peculiar, unacceptable, and irrational but still noticeable with a legal and moral remedy. But, when it comes to offering a legal remedy to men, things are far away from reality, whereas moral remedies stay out of the picture. The only noticeable point is when men and their problems are usually considered illogical and often becomes offensive to the other side, when talked about. New initiatives/programmes on how men can contribute women in work field by ending domestic workloads are daily things [2] but nobody ever presses the need for having measured to improve masculine health. MASCULINITY- o n the shorthand, it is referred to social expectations & practices of a manhood. Masculinity articles talk about de...

Gender (in)Equality

Acc. to UNICEF, Gender Equality means: Women and men, and girls and boys, enjoy the same rights, resources, opportunities and protections. Gender which is not limited to but have become today. Any sort of discrimination or offence is not seen against an individual but against particular gender i.e. women. Sticking just to Indian boundaries, principle of Gender Equality is enshrined in Indian Constitution: a vehicle on which the nation runs. • Article 15(1): No discrimination against any citizen on ground of religion, caste, sex etc. • Article 15(3): Comes with a positive discrimination regarding state to make special provisions for women and children. • Article 42: State to make provisions for securing just and human conditions of work and maternity relief. • Article 51-A(e): Renounce practices derogatory to dignity of women • Article 243-D: Reservation of seats for women in Panchayat, Municipalities. Etc. Other laws which are made under the supervision of Constitution ...

Social Media or Toxic Media?

Just came across reading a post “ How Social Media Works ” Me: I prefer mangoes to oranges. Random Person: So, basically what you’re saying is you hate oranges? You also failed to mention pineapples, bananas, and grapefruits. Educate yourself. I’m literally shaking. And I felt that. Social media can be more dangerous than a bomb in the hands of an insane person. No society was, is or will be crimeless ever. And to think of a crimeless society is a myth. We, human beings by birth are fighting animals. We must accept the fact that we all are different as persons, in thoughts and perspectives. There are billions of humans on earth and you can spend your whole day reading negative views over social media. We need to pause and think about what kind of environment are we pushing ourselves to wake up in? It is us who give priority to negative posts over reading something good. And at the end of the day all we do is blame humanity. India recorded 351.4 million ...

Adv. Nilesh Gupta

Search This Blog