Adv. Sarika Khude's Blog

Indian Evidence Act, 1872 Indian Evidence Act 1872–Burden of Proof (Section 107 & 108) 1.    Indian Evidence Act was enacted on 15th March 1872 and came into force on 1st September 1872. This act was also applied in Pakistan until 1984. It contains a set of rules and allied issues governing the admissibility of evidence in the Indian Court of Law.  2.    Burden of Proof is covered under Sections 101–114 of the Indian Evidence Act, but the term Burden of Proof has not been defined in the Act. It has two distinct meanings;  1.  The Burden of Proof as a matter of Law and Pleading: According to this definition, the party providing facts during pleading has the burden to prove the facts. 2.  The Burden of Proof as a matter of Adducing Evidence According to this, it is the burden of the party to prove their facts to adduce evidence. 3.    Section 101 of the Indian Evidence Act states that the burden of proof is on the party who is saying.  4.    In simple wo

 Births and deaths Registration Act 1969  1. The registration of births and deaths act regulates the registration of births and deaths and matters connected with births and deaths in our country.  2. The registration of births and deaths act gives certain responsibilities to certain individuals to report the birth or death of a person to the concerned authority for their registration.  Births and deaths Registration Act, 1969           Various registrars or authorities have been established under this act:  1.    Registrar-General: The registrar appointed by the central government. 2.    Chief Registrar: Chief registrar of the state who is appointed by the state government. 3.    District Registrar: The state government appoints the District Registrar for each revenue district. 4.    Registrar: The state government may appoint a registrar for each local area within the jurisdiction of a municipality or panchayat. 5.    Sub-Registrar: The Registrar wi

IPC 383-389: Extortion  1. Sections 383-389 of the Indian Penal Code defines various laws related to extortion. Section 383 of the IPC defines extortion. Section 384 of IPC specifies the penalty for extortion, while Section 385 specifies the punishment for an attempt to extortion. Section 386 to 389 contains much harsher punishments for aggravated forms of extortion.  IPC 383-389: Extortion 2. Section 383 of the Indian Penal Code defines extortion as an intentional act to put another person in fear of injury or any other harm to get his property or other valuable items. For example, A threatens B to kill his daughter if B does not pay 10 million rupees to A, this will be considered a case of extortion.  3. The main motive of committing extortion is getting the property or any other valuable item by causing a wrongful loss to one person and wrongful gain to another person.  4.   Essential elements for extortion;   1.  To deliver property or other valua

Succession Certificate Succession Certificate 1.   A succession certificate is an order issued by the Court of Law to the legal heirs of the deceased person who died without writing a will, leaving behind debts and securities. When a will made by the deceased person is present, a succession certificate doesn’t apply. 2.   A succession certificate certifies that the concerned person is the legitimate successor of the deceased person and is entitled to get any legal assets left by the deceased person. 3.   A succession certificate also allows the person to make payment of the debt or transfer securities to another person without having to put a legal heir title on him. 4.   Section 372 of the Indian Succession Act, 1925, enables a person to apply for the grant of succession certificate regarding debt or security of the person who dies intestate. 5.   A civil court is authorized to issue a succession certificate only after a petition made by the legitimate

Guardians and Wards Act 1. We all know that children are physically and mentally immature so they need special safeguards and care. Our laws itself say that minors cannot act independently but can act only through the guardian. Most country's laws specify that parents are the legal guardian of the child and that the parents can designate who shall become their child's guardian in the event of their death. Sometimes the court will appoint guardians for the welfare of the child.  Guardians and Wards Act 2. In India, there are two important legislation regarding guardianship and custody. The first one is the Hindu minority and guardianship act 1956, and the second one is the guardians and wards act 1890.  3. A minor refers to a person who has not completed the age of 18 years; Therefore, children less than 18 years of age are supposed to have a legal guardian.  The guardians and wards act defines a guardian as a person having the care of the person of

IPC 359-374: Kidnapping, Abduction, Slavery, Forced Labour IPC 359-374: Kidnapping, Abduction, Slavery, Forced Labour 1. Section 359-374 of the Indian Penal Code deals with kidnapping, abduction, slavery and forced labor.  2. Kidnapping refers to the action of taking a person by force, threat, or deceit and holding them captive against their will. Kidnapping may be done for ransom, personal agenda or political reasons.  3. Abduction is illegal taking away a person by persuasion, fraud, force or violence.  4. Section 359 of the Indian Penal Code defines kidnapping as two kinds:   4.1.    Kidnapping from India, and  4.2.    Kidnapping from lawful guardianship.  5.  Section 360 IPC defines kidnapping from India. It states that, whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally allowed to consent on behalf of that person, is said to kidnap that person from India.  6. Section 361 IPC define

IPC 390-402: Robbery & Dacoity 1. Sections 390-402 of the Indian Penal Code defines various laws related to Robbery & Dacoity. Sections 390, 392, 393, 394 & 401 of the IPC deals with robbery and IPC sections 391, 395, 396,399, 400 & 402 deals with dacoity while sections 397 & 398 are common to both.   IPC 390-402: Robbery & Dacoity ROBBERY 2. Robbery refers to the taking of something of value, whether money, property or other valuable assets from someone through the use or threat of physical force. Robbery is an aggravated form of theft or extortion. 3. Elements of robbery; 1.    The actual taking away of the money or property must have taken place. 2.    The person committing the robbery must have the intent to steal or the intent to cause wrongful loss to one and wrongful gain to another.  3.    There must be a threat of violence or the use of physical force during the robbery.  4.    Robbery must be done in the vict

1. Theft means dishonest removal of property out of the possession of any person without his consent. The crime of theft comes under offenses against property and has been dealt with under sections 378 to 382 of the Indian Penal Code.  2. Under English laws theft is an offense punishable with imprisonment for 10 years under section 7 of the Theft Act, 1968 and defines theft as a person guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other.  IPC 378-382 THEFT 3. Section 378 of the Indian Penal Code defines theft as any person intending to take any movable property without honesty, out of the possession of any person without that individual's consent, is said to commit theft.  4. Ingredients essential to consider an offense a theft;   1.    The accused must have dishonest intention to take the property.  2.    The property concerned must be movable.  3.    The property mu