IPC Key Topics & Sections for Law Entrance Exams

IPC Revision: Key Topics and Sections

• The video is to revise the most important topics of the Indian Penal Code (IPC) for various law entrance exams.
• Memorizing section numbers is crucial for scoring well in exams.
• The video's content is a basic summary of the entire IPC.
• Section 21 defines "Public Servant".
• The definition of public servant has been redefined by the court over time.
• Section 23 defines "Wrongful Gain".
• Wrongful gain is gaining property or benefits you are not legally entitled to.
• "Dishonesty" relates to intention and the mens rea.
• "Fraudulently" is the intention to deceive others.
• "Counterfeit" is a fake item resembling an authentic one.
• Section 34 covers "Common Intention".
• Landmark cases related to common intention include Berindra Kumar Ghosh (also known as the Postmaster Case) and Mehboob Shah.
• "Good Faith" implies actions taken with due care and attention. Actions without due care are not considered good faith.

General Exception in IPC

• Sections 76 and 79 concern general exceptions.
• Section 76 discusses actions "Bound by Law."
• Section 79 covers actions "Justified by Law".
• Section 80 discusses "Accidents".
• Addresses accidents occurring despite due care and attention.
• Section 84 provides exceptions for individuals of "Unsound Mind".
• The exception is provided because unsound individuals cannot form "Mens Rea".
• Section 85 addresses "Involuntary Intoxication", where someone is forcibly intoxicated.
• Intoxication is any substance, including drugs, that alters brain function.
• Section 92 relates to "Consent".
• Consent is a defense for any harm except grievous harm and death.
• Sections 100 and 103 cover the "Right to Private Defense".
• Section 100 discusses the extent to which you can go to in protecting your body.
• Kidnapping, abduction, rape, unnatural offenses, and aggravated assault are included in Section 100.
• Section 103 sets the extent of property disputes.
• Property examples include arson, theft, and robbery.
• Section 107 defines "Abetment".
• Abetment can occur through conspiracy, instigation, or aiding.
• Section 120A deals with "Criminal conspiracy".
• The Indian Evidence Act also has a famous case and section related to proving conspiracy.
• Section 141 defines "Unlawful Assembly".
• Requires an unlawful object.
• Section 146 defines "Rioting".
• It is known as "Balwa" in Hindi.
• Section 159 defines "Affray".
• The difference between rioting and affray should be understood clearly.
• Rioting requires an unlawful assembly with at least five people.
• Affray requires a minimum of two people.
• Section 191 addresses "Giving False Evidence".
• Section 192 addresses "Fabricating False Evidence".
• Giving false evidence includes lying in court or providing fabricated documents.
• Fabricating false evidence refers to creating false evidence.
• Section 230 addresses issues with "coins."
• Coins exclude cryptocurrencies that are not authorized by State or Central Government.
• Section 268 deals with "Public Nuisance".
• It was widely used during the COVID-19 pandemic.
• Sections 299 and 300 distinguish between "Culpable Homicide Not Amounting to Murder" and "Culpable Homicide Amounting to Murder".
• Section 304B relates to "Dowry Death".
• It connects to Section 113B of the Indian Evidence Act.
• Section 113B allows presumption against the husband if the essentials of 304B are fulfilled.
• Section 319 addresses "Hurt".
• Section 320 addresses "Grievous Hurt".
• Section 339 addresses "Wrongful Restraint".
• Section 340 concerns "Wrongful Confinement".
• Section 350 covers "Criminal Force".
• Illustrations related to criminal force and assault are important to review.
• Sections 354 A, B, C, and D deal with "Offenses Against Women".
• Offenses against women are limited in that only a woman can be the victim.
• Section 359 defines "Kidnapping".
• Section 362 defines "Abduction"
• Lawyers should know the difference between kidnapping and abduction.
• Section 375 deals with "Rape".
• Amendments made to the definition of rape make it important.
• Section 376 addresses "Gang Rape".
• Section 376E deals with "Repeat Offenders".
• It states that the punishments for repeat offenders are.
• Section 377 addresses "Unnatural Offenses".
• The case where Section 377 was partially decriminalized should be known.
• Section 378 defines "Theft".
• The differences between theft, extortion, robbery, and dacoity should be understood.
• With extortion, there is a delivery of property.
• Robbery involves theft or extortion in an exaggerated form.
• Dacoity is committed by five or more people.
• Section 403 addresses "Misappropriation of Property".
• Stolen properties should be carefully noted.
• Section 415 deals with "Cheating".
• Special attention should be paid to cheating by personation.
• "Mischief" involves causing wrongful loss to someone.
• Example: Breaking a window is mischief.
• Section 441 addresses "Criminal Trespass".
• The differences between criminal trespass, house trespass, and housebreaking should be understood.
• Criminal trespass involves entering someone's property with intent to commit a crime.
• House trespass involves entering someone's house.
• Housebreaking involves entering someone's house by breaking through a locked door or other unusual entry.
• Forgery is found in Section 463.
• Section 494 concerns "Bigamy".
• Section 498A addresses "Cruelty".
• High Courts and Supreme Courts repeatedly call it legal terrorism because of its misuse.
• Section 499 addresses "defamation".
• Section 503 addresses "Criminal Intimidation".
• Section 510 covers "Misconduct by Drunken Person in Public Place".
• The crime carries a small fine of only ₹10.
• Section 511 deals with "Attempt".
• It is the last section of the IPC.
• It summarizes many important sections in the IPC.

Public International Law Introduction

• International law is useful when dealing with laws that occur across political boundaries.
• Public International Law governs the relationships between governments.
• Private International Law concerns agreements between two people.
• Definition of Public International Law, according to Hugo Grotius is that it governs relations between states and individuals.
• Hugo Grotius is known as the Father of International Law.
• International Law is important because it supports peace & security, cooperation & diplomacy, as well as regulating human rights.

Public International Law's 4 Sources

• Treaties are agreements between nations

• Treaties are binding under International Law

  • An example of a treaty is the Vienna Convention on the Law of Treaties.
  • It is a primary source of law.
  • It states the consent of the states.

• Customary international law is an accepted custom of legal obligation done over centuries.

  • One example is granting immunity to people with diplomatic status.

• General Principles of Law are where civilized states already follow, and serve as a source of inspiration for law.

  • One example is treaties should be done in the spirit of good faith.

• Judicial Decisions are an organ of the United Nations

  • Since it is new, judicial court decisions in International Law serves as presidents.

Public International Law Theory

• Natural Law Theory

  • Dictates that humans already know not to start wars or provoke others.
  • Justice, Fairness, and Human Rights already exist as the basis for all laws.
  • Hugo Grotius was a proponent of Natural Law Theory.

• Positive Theory

  • Dictates that rules come first, which will help determine the international law.
  • "Law is the command of the Sovereign".
  • International Law will not be followed because there is no enforcer.
  • John Austin was a proponent of Positive Theory.

• Realism

  • International law exists to add power.
  • Example: Treaties done to increase security for a country.

• Constructivism

  • Material factors don't influence behavior, but also beliefs and social constructs within cultures.

• Consent Theory

  • A State follows Int'l Law by their own consent & are bound by that law; they also accept the resulting repercussion if those laws are broken.
  • States are bound by international law to the extent that they have willingly and explicitly consented to be bound
  • Consent is a central force of any agreement.

• Elements of Consent Theory

  • Voluntary: Must be sovereign entity.
  • Expressed consent: Sign agreement/contract.
    • Implied Consent: No formal agreement is there, but a Country has taken these ideas and using them in laws.
  • Sovereign: State has the power to choose whether to sign or not.
  • Reservation: Ability to limit yourself from certain things and hold yourself accountable.
  • Withdrawal of Consent: State is free to withdraw consent if their interest is not being served.

• Jurisprudence

  • The theory is relevant in understanding the role of treaties where two or more States agree to hold each other accountable.

Theories & Types of Law

• Mono vs. Dual Legal System

  • Mono: A single legal entity so international law & national law are the same things.
  • Dualist: International law & national law have differences.

• Dual Legal System

  • International law governs relationship between state, government & int'l organizations.

    • Comes from treaties & customs
    • Needs approval of Sovereign States.

  • Municipal law: individual State laws.

    • Includes regulations & statutes.

  • Authority:

    • International laws from the agreement of Sovereign laws.
    • Municipal law has authority of legal precedents. Supremacy a Conflict:

  • Mono

    • International law has supreme power. If there is a conflict, International law wins.

  • Dualist

    • Municipal law has supremacy. So Municipal law wins. To implement it you have to pass a new law to do it.

  • Enforcement:

    • International is difficult, there is no central authority, it is only through political power to follow the law.
    • Municipal law: uses a Court system of force it.

• Role of the Domestic Court:

  • Mono: Follow int'l law directly
  • Dualist: Has to turn to municipal law before it can be followed.

• Implementation

  • Direct Reception: Laws immediately becoming into effect with little change.
  • Transformative Law: Change Laws to implement International Law.

Topic -PIL Part 2

• Topics to be discussed:

  • Extradition
  • Asylum

• These sections should be practiced together

• Extradiction

  • Extradition is taking someone from another country back to their original country to face charges.
    • This is done w/ an Extradition Treaty

• Stark's Definition of Extradition

  • It denoted the process where upon a request by state a surrendered individual for any crimes.

• Grotius's Definition

  • It is the duty of each State yo punish a criminal or bring them back to what they have done wrong.

• Why do we need Extradition?

  • To prevent Crimes
  • To Punish individuals who have failed to meet their punishment.

• Remember, not all countries sign extradition treaties

  • Example: UK/ Vijay Hill

• Asylum

  • Asylum definition is if your country of origin is dangerous, another can take care of them.

• You can be granted Asylum if you are not safe to go to your country

  • Political Views
  • Gender
  • Race
  • Being a part of a community

• Three types of Asylum

  • Territorial- Country's boundary. (India)
  • Extra Territorial- Granting Asylum from embassy/ counselor that is another country but serves as the "Asylum"
  • Another Country is using an int'l organization to seek Asylum
  • Ships act as territorial zones to be granted Asylum

• Reminder:

  • The information is given on the Legal Edge website itself!

Laws in India of Women & Children

• *Disclaimer:*These laws benefit ALL genders, not just targeted ones

• Constitional Safeguards:

  • Preamble: Talks about Equalities

  • Article 14: The State Shall not deny any person Equality before law, it is important to give exceptions to certain groups, so it can have different Classes

  • Article 15 Clause 3: States can help women and children to create special Laws -Example: Dowery Prohibition Act

  • Article 16: There will be zero discrimination based on religion, race, caste, sex, decent, place of birth, resident in employment" -Case Example: Air India vs Nargesh mIrsa- The female employees after a certain period had to quit/ not get married, and was changed since it was discriminatory

  • Article 21: Right to Live, which will bring Dignity to all individuals -Case Example: Susmita Sen w/ Adopting Children- Article 21 let her adopt

  • Article 23: No Exploitation or Beggars are allowed

  • Article 39a: Right to Adequate livelihoods -Case Example: Olga Tellis vs state of Bombay- Right to Livelihood is now a right

  • Article 39d: For those who do work, needs to be an equal wage

  • Article 42: Mattery leave benefits as important as the work itself should bring good terms -Article 46: Weaker sections will have Special care for Education & Economic interests. -Article 47: Nutrition will improve standards.

• Fundamental Duties Clause :

  • If you are against these fundamentals: it is not illegal but is looked down among civilians. Some thing like not providing any water.

• Family Law:

  • Divorce Act: Section 13; a list of grounds of divorce for both Male & Female

  -Here are only listed clauses mostly favored for woman divorce -Pre Enactment Polgemy; before 1954, both the husband & wife can have many -Husband guilty has Sex w/ animals or other men -Restitution of Marriage has been ordered, but husband/wife never came back -Muslim Law- Two types of Rights -Talak Taufweez(3rd person acts as the deliverer, can be the wife herself) -Khula(Wife gives cash to male in order to divorce).

• Property Law :

  • Hindu Law; Section 5 gives daughter the "kapi" equal inheritance as sons -The difference is "right vs owner" where they can reside but never own the land and has now changed

• Woman and IPC -Section 354 a b c d are of offenses against Woman. -A: Sexual harassment -B: Criminal Force to disrobe a woman -C: Voyeurism- is like watching something through a lens; such as someone watching a woman in private space such as bathroom -D: Stalking- Following a Woman even when they said no/ not interested

• Section 497 Adultery has been removed -Case Ex: Joseph Shine union of India- 497 as treated Woman as property

• Section 375: Rape, now includes the case as well , where there is no" full consent" can be reported.

• DOWRY PROHIBITION ACT

• IMMORAL TRAFFIC Act

• PROTECTION OF WOMAN FROM DOMESTIC VIOLENCE

• VISHAKA vs St Of RanisTHAN

• Mary Royal st of Keral: Equal amount for inherintace

• **Lata singh vs utrar perdesH"Right" : to take action even out of caste

• roxen sharma child will leave w/ mother

• Tamil v haussicuti: 1 St IT Act w/Heraaaing women

Interpretations of statues

• How Do You Interperate a statue, and what are the rules?

• Primary Rules consist of : Literal, golden, Mischief Rule, Rule of H construing something

• Secondary Rules: To what ever way can be construed w/ language; Nositur Ex Sosii( meaning you have to be around same meaning; such as If A is same as a word, then you should understand why B happened.

• Examples: A is the same as a word, then understand why B happened & Rendenado SiulaSingilius

Key Takeaways from the Given Speech

• The Law Creation Section -Laws always change and never stay