Accused need not prove the existence of private self-defence beyond reasonable doubt

The court also noticed several judgments including Rizan and Another v. State of Chhattisgarh through the Chief Secretary, in which it was held that the accused need not prove the existence of private self-defence beyond reasonable doubt and that it would suffice if he could show that the preponderance of probabilities is in favour of his plea, just as in a civil case. 

#BNS@CurrentLegalGK

Wrongful Confinement and article 19&21
Case law.

Can you answer???

@CurrentLegalGK

Aise case laws bhi pdhne padhte hai 🙂

Case laws bohot is paper me bhi
(J&k prelims)

@CurrentLegalGK

Ye to subne padha hoga?

@CurrentLegalGK

Direction by supreme court to frame a law.

Aise case laws bhi likh liya karo

@CurrentLegalGK

In case of Quashing of FIR criminal antecedents cannot be the sole criteria.

@CurrentLegalGK

If the accused is already shown to witness the Sanctity of test identification parade is doubtful

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Strike a balance between personal liberty and right to fair investigation.

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#Question

Explain the difference between Medical and Legal Insanity.

(100 words typing) 👇 1 case law with provision.


We are starting this #Question series so that it will help you in checking your progress

The origins of “Justice must be seen to be done”
https://www.barandbench.com/columns/the-origins-of-justice-must-be-seen-to-be-done

Dissolution of marriage under muslim law

#flowchart

Talaq by husband under muslim law

#flowchart

😁☑️ Origin of Judaism, Christianity and Islam and their sects

The Abrahamic religions are a group of monotheistic religions that trace their origin to the prophet Abraham. According to the religious texts, Abraham was the first person to receive a direct communication from God and was chosen to be the father of a great nation. The Abrahamic religions include Judaism, Christianity, and Islam.

✅Origin of Judaism
Abraham is considered the father of Judaism, as he is believed to have made a covenant with God and established the Jewish people as his chosen ones. His son Isaac and grandson Jacob continued this covenant, and Jacob was later renamed Israel. The twelve tribes of Israel descended from Jacob and became the Jewish people.

✅Origin of Islam
Islam traces its origin to Abraham through his son Ishmael, who is considered the father of the Arab people. According to Islamic tradition, Ishmael and his mother Hagar were left in the desert by Abraham at God's command. Ishmael grew up to become a prophet and his descendants became the Arab people. The prophet Muhammad, who founded Islam in the 7th century, was a descendant of Ishmael.

✅Origin of christians
Christianity also traces its origin to Abraham, as he is considered a patriarch in the Old Testament. However, Christianity primarily focuses on the life and teachings of Jesus Christ, who is believed to be the son of God and the savior of humanity. Jesus was born into a Jewish family and his teachings were heavily influenced by Jewish tradition.

✅Sect
In terms of sects, Judaism has several branches including Orthodox, Conservative, Reform, Reconstructionist, and Humanistic. Islam has two main branches: Sunni and Shia. Christianity has many denominations including Catholicism, Protestantism, Eastern Orthodox, Anglicanism, and others. Each sect has its own interpretations and practices within the broader framework of their respective religion.

✅Condition of Jews declined
Babylon empire took almost all professional jews to their capital and after the famine, 586AD we can see no jews in Jerusalem and then diaspora of jews followed their religion in other parts of world where they faced racial (nazism), ethnic (greeks), religious (christian and muslim); but

🤝The 2,000-year history of Indian Jews was marked by a total absence of antisemitism from the Hindu majority and a visible assimilation in the local languages and cultures

Medical vs legal insanity

[Tofan vs state of MP 2022]

Any person, who is suffering from any kind of *mental weakness* is called "medical insanity," however "legal insanity" means, person suffering from mental illness should also have a loss of reasoning power. Furthermore, the legal insanity *must be at the time of incident.* In other words, it can be said that in order to attract legal insanity, a person should be *incapable of knowing the nature of the act, or he is doing what is either wrong or either contrary to law.*

Thus, mere abnormality of mind or compulsive behavior is not sufficient to take benefit of Section 84 of IPC rather reasoning, ability to forsee the consequences and nature of act which is contrary to law.

@CurrentLegalGK

#Question

Difference between inherent powers of High court and, review by High Court in criminal cases?

Read 482 and 362 of CRPC and explain within 100 words.

#Question

Difference between Self Preservation v Private defence v Necessity under IPC.
(150 words)

Comment👇

🧠🤯📝 MENTALLY ILL PERSON CAN/CANNOT ENTER INTO SALE DEED

Requirement for transfer of property is majority + soundness of mind then how people suffering from coma, autism, cerebral palsy can transfer their Property???

✅Sale under Mental Health Act,1987

✓Object: Provide Better treatment &
Provisions for property.
✓Mental ill person: Person who is in need of treatment due to any mental disorder other than "mental retardation" (which is covered under a separate statute).

✓Appointment of Guardian and Manager.
~ Possession of property is must.
~ District Court appointing
1) A Guardian under Section 53 to take care of his person; and
2) A Manager under Section 54 for the management of his property.
(Both can be the same person)

~ Manager could mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person OR lease out any such property for a period exceeding five years, only after obtaining permission of the District Court in that behalf.

~ Signature in deed by manager.
~ Entering into Contract.
~ Could be sued for mismanagement of sums received from property.

✓But ==> new act repealed 1987 Act

~ 2017 Act, has no provision or an alternate mechanism for adjudication of matters pertaining to property of Mentally ill person.

✅The Rights of Persons with Disabilities Act, (“RPwD Act, 2016)

✓Person with Disability:- Person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.

✓Limited Guardianship” means a system of joint decision which operates on mutual understanding and trust between the guardian and the person with disability, which shall be limited to a specific period and for specific decision and situation and shall operate in accordance to the will of the person with disability. (Appointed by Designated authority or District court)

• No provision of sale, gift, lease etc
• No absolute power by guardian (limited)

✅Guardian Under National Trust Act,1999

No concept of manager, only guardian appointed by local committee, which frame some duties like management of property or furnish accounts of immovabale property

✓Sale or dealing with property of person with disability, falls outside the purview of the said Act.

✅Recent Trends and case laws

Till date there is no law relating to appointment of guardian of a person who is in coma or a vegetative state.

✓Doctrine of Parens Patriae

"State to provide a parent who can take decision on behalf of such needy person, in case of no law court act as state under article 12"

👨‍⚖️Rita Arvind Kakodkar v Maharashtra, 2022, appointed a sister of a widowed brother as his guardian at law and of his property and assets, following guidelines:-

1. Sale with court permission
2. Money to be deposited in brothers bank account.

So there is no proper law which sets out procedure for sale of property of mentally ill person, and relatives of person has to suffer.

✅Suggestions

We need a uniform mechanism under one statue, setting out unequivocal process of sale of immovable properties of all persons incapable of taking legal decisions, through manager/guardian, be it mentally ill persons, people in comatose state or otherwise.

Also read- G. Babu v. The District Collector and Ors. 2023

#Discernible_Topics
@CurrentLegalGK

Explain K.M. Nanavati v. State of Maharashtra, 1962

Exception 1 of section 300 ipc, murder.

#Grave_and_sudden_provocation
#Jury_trial
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