LAWACADEMY

Difference between section 34 and 35 of IPC & JOINT LIABILITY  Under the Indian Penal Code (IPC), Section 34 and Section 35 deal with concepts of joint liability in criminal acts. Although both these sections address situations where multiple persons are involved in committing a criminal act, they differ slightly in their application and scope. Let’s break them down with examples to clarify the distinctions. Section 34: Common Intention Section 34 : “When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.” This section imposes joint liability when: Two or more persons are involved. There’s a pre-arranged or common intention among them to commit a crime. The criminal act was done in furtherance of that common intention. The essence of Section 34 lies in the shared intention to commit the crime, meaning that even if one individual carries out the a...

The Doctrine of Cy-Pres The Doctrine of Cy Pres (pronounced as "sigh-pray"), meaning " as near as possible ," is a principle in law used to interpret and implement a legal document in a way that closely follows the intent of the document's creator when the original intent cannot be precisely carried out. In the context of the Transfer of Property Act, 1882 (TPA), this doctrine is primarily applied in cases where there is a charitable trust or purpose that cannot be fulfilled in the exact manner specified, but the court interprets it in a way that achieves the closest possible outcome to the settlor's intention. Explanation of Doctrine of Cy Pres in TPA: In property law, specifically under the Transfer of Property Act, the doctrine is used when the transfer of property is made for a specific purpose that becomes impossible, impracticable, or unlawful to achieve. In such cases, the court applies the doctrine of cy pres to allow the property or funds to be app...

Socialism and secularism Socialism and secularism are two distinct but often intertwined concepts in political and social theory, especially in countries like India where they have been enshrined in the Constitution. Socialism Socialism is a socio-economic system that emphasizes collective or governmental ownership and control of the means of production, distribution, and exchange. The core idea is to promote equality and reduce economic disparities by redistributing wealth more equitably. Socialism can take different forms, from democratic socialism (which exists within a democratic framework) to more extreme versions like communism. Key Features of Socialism: 1. Public Ownership: Resources and industries are owned by the state or collectively by society. 2. Economic Equality: Focuses on reducing the wealth gap between rich and poor. 3. Social Welfare: Strong emphasis on providing basic necessities like healthcare, education, and housing to all citizens. 4. Regulation: Government ofte...