Adv. Nilesh Gupta

Ever found yourself or someone in a situation where you have to be in a negative action to ultimately save something/someone? Well, it is legal to cross the line, but only sometimes and only in a certain room. The right to private defence of person and property is recognized in all free civilized democratic societies within certain reasonable limits. In the words of Bentham, "The Right of Private Defence is absolutely necessary for the protection of one’s life, liberty and property." It is the primary duty of State to protect life and property of its citizens. But the fact is that State cannot watch each and every activity of the citizens. There may be situations in which State cannot help a person immediately when his life or property is in danger.  In view of this, Indian Penal Code, 1860 u/s 96 to 106 has given the right of private defence of body and property of every individual. These provisions give the authority to person to exercise necessary force against wrong...

  As per Indian Penal Code of India, Kidnapping is of 2 types as provided under Section 359 of the code: 1.       Kidnapping from India (Section 360, IPC) 2.       Kidnapping from Lawful Guardianship (Section 361, IPC) The word “ Kidnapping ” has been derived from two words “kid & napping.” Kidnapping Kid means Child Napping means To steal   In simple words “Kidnapping” means to steal a child. But Indian Penal Code has given a wider meaning which means carrying of a human being against his or her consent or some other personal legally authorized to do so on behalf of such person such as guardian of child or insane person.   Section 360 : Kidnapping from India: Essentials 1.       Conveying of a person beyond limits of India 2.       ...

Section 320 of Indian Penal Code deal with offences related to body as regard to ‘grievous hurt’. It doesn’t cover all kinds of hurt. Only following kinds of hurt are termed as “grievous”: 1. Emasculation : This clause is confined to males only. It means depriving a male of masculine vigour, i.e. to render a man impotent.   This clause was inserted to counter to counteract the practice common in this country for women to squeeze men’s testicles on the slightest provocation. 2. Injury to Eyesight : The test of gravity is the permanency of the injury caused to one eye or both eyes. 3. Deprivation of Hearing : It may be with respect to one ear or both ears. To attract this clause the deafness caused must be permanent. 4. Loss of Limb or Joint : The expression used in is section is deprivation of any member, section or joint, crippling a man with life-long misery. The term member is used to mean nothing more than an organ or a limb. 5. Impairing of Limb : Disabling is ...

We often come across colorful tents to host a function blocking entry and exit of the houses and the streets. Sometimes a personal task of construction or community gatherings intervene us on the roads. But, the question is whether such obstructions are legal or reasonable? The Constitution of India guarantees the right to freedom of movement to every person freely throughout territory of India and guarantee personal liberty under Articles 19 & 21 respectively. To safeguard the rights conferred upon a person through the Constitution of India against any person other than state, the Indian Penal Code provides for the provisions of ‘Wrongful Restraint’ and ‘Wrongful Confinement’ contained in Sections 339 to 348 of the code. Section 339 : Wrongful Restraint - “Whoever voluntarily obstructs any person so as to prevent that person from proceeding the direction in which that person has a right to proceed.” In simple way, it means to obstruct a person from moving one place to anothe...

Section 76 of the Indian Penal Code:   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. [i] Mistake of fact arises when an accused misunderstood some fact that negates an element of crime. This legal weapon can be used, where accused succeeds to prove that he/she was mistaken to the existence of some facts or ignorant of the existence of such facts. It is a condition that such mistake must pertain to fact not law. In  R v. Princes (1875) LR 2 CCR 154 , in this case, the accused was charged of unlawfully taking an unmarried girl of 16 years against the will of her father, it was found that the accused had bona fide and reasonable belief that the girl was older than 16 years. It was held that the defense was not valid on the ground that act of abduction is a wrongful and immoral act. [ii]   Section 79 of the Indian Penal Code...