Unit-II: Admissions, Confessions, Dying Declarations & Custodial Statements 1. General Principles Concerning Admissions (Sections 15 to 21 of BSA, 2023) A. Meaning and Definition of Admission B. Evidentiary Value of Admissions 2. Confessions (Sections 22 to 30 of BSA, 2023) A. Difference Between “Admission” and “Confession” B. Confessions Caused by Inducement, Threat or Promise (Section…
Unit-II: General Exceptions, Abetment, Criminal Conspiracy, Attempt & Offences Against Women and Children (BNS, 2023) 1. General Exceptions under the BNS, 2023 General exceptions shield a person from criminal liability even if their act would otherwise constitute a crime, on the ground that the requisite mens rea (guilty mind) was absent or the act was…
Unit-II: The Judiciary — Supreme Court, High Courts, Subordinate Judiciary & Judicial Independence 1. The Supreme Court of India (Articles 124 to 147) A. Appointment and Transfer of Judges (The Collegium System) B. Powers and Jurisdiction of the Supreme Court 2. High Courts and Subordinate Judiciary (Articles 214 to 237) A. Appointment, Transfer, and Jurisdiction…
Unit-II: Divorce, Dissolution of Muslim Marriages Act 1939, Maintenance & 1986 Act 1. Classification of Divorce (Talaq and Other Modes) Under Muslim Law, dissolution of marriage can take place through acts of parties (extra-judicial) or through judicial decrees. A. Extra-Judicial Divorce 2. Dissolution of Muslim Marriages Act, 1939 A. Statutory Scope and Significance Prior to…
Unit-II: Contract of Agency 1. Meaning and Definition of Agency (Sections 182 & 183) A. Statutory Definitions and Essentials 2. Modes of Creation of Agency (Sections 186 & 187) An agency can be created through several recognized legal modes: 3. Rights and Duties of an Agent A. Duties of an Agent B. Rights of an…
Unit-II: Common Law Remedies, Public Nuisance under IPC/CrPC & Smoke/Noise Pollution 1. Common Law Remedies against Pollution Before specialized environmental statutes were enacted, victims of pollution relied primarily on traditional common law tort remedies: 2. Statutory Abatement of Public Nuisance (IPC, CrPC and CPC) To overcome the limitations of private civil litigation, Indian law provides…
Unit-II: General Defences, Vicarious Liability, State Liability & Strict/Absolute Liability 1. General Defences to an Action in Tort When a plaintiff files a suit for a tort committed against them, the defendant can escape liability by pleading and proving certain established general defences: 2. Vicarious Liability (Liability for Wrongs Committed by Others) 3. Liability of…
Unit-III: Right to Equality, Freedoms under Article 19, Protection Against Ex-Post Facto Laws & Personal Liberty (Article 21) 1. Right to Equality (Articles 14 to 18) A. Equality Before Law and Equal Protection of the Laws (Article 14) B. Prohibition of Discrimination (Article 15) C. Equality of Opportunity in Public Employment (Article 16) D. Abolition…
Unit-II: Salient Features, Preamble, Territory, Citizenship & State Action (Art. 12 & 13) 1. Salient Features of the Indian Constitution The Constitution of India is the longest written constitution in the world, combining unique features drawn from various global constitutional systems: 2. The Preamble to the Constitution A. Significance and Philosophy B. Is the Preamble…
Unit-II: Marriage — Nature, Conditions, Ceremonies, Monogamy & Polygamy 1. Importance and Nature of Marriage under Hindu Law A. Traditional vs. Modern Legal Conception 2. Conditions for a Valid Hindu Marriage (Section 5 of HMA, 1955) For a marriage to be solemnized between any two Hindus, Section 5 lays down five mandatory conditions: 3. Ceremonies…