Certainly, the concept of a company as a juristic person, also known as a legal person or legal entity, is a fundamental principle in corporate law. It means that a company is treated as a distinct entity separate from its individual members (shareholders or owners). This principle has several key implications: 1. Separate Legal Existence: A company, once incorporated, is recognized as having its own separate legal existence. It can enter into contracts, own property, sue and be sued, and engage in various legal activities in its own name. This is distinct from the individuals who own or manage the company. 2. Limited Liability: One of the primary advantages of forming a company, especially a corporation, is the concept of limited liability. Shareholders are generally not personally liable for the company's debts and legal obligations. The company itself is responsible for its own debts, which helps protect the personal assets of its members. 3. Rights and Duties: Just like...
Homicide is basically means killing of a man by another human being .Unlawful Homicide means king of a man by another human being which is law is not permit and it is punishable. when law permit to killing of a man by another man called justifiable or excusable. Punishable homicide is called culpable homicide.
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When does homicide become culpable homicide section 299 is the only section which is deal with intention and knowledge separably. normally we say that act is voluntary section 39; if it's done with intention and knowledge and reason to believe.
first of all we discuss about intention and knowledge. what is intention and what is the meaning of knowledge.
knowledge means Forcibility of consequences of my act
Intention means forcibility of consequences + Desire.
we divided intention into 3 part
- Black intention means intense desire to kill and cover culpable homicide 1st degree. an act with the intention of causing death
- Dark Gray Intention means desire to kill but intention is not so intense cover culpable homicide 2nd degree. with the intention of causing such bodily injury as is likely to cause death
- Gray Intention means no desire to kill and it's cover culpable homicide 3rd degree. with the knowledge that he is likely by such act to cause death
death is define is section 46 IPC and Life is Define is Section 45 IPC.
Section 45. Life : The word "life" denote the life of human being, unless the contrary appears from the context.
Section 46. Death : The word life denote the "Death" of human being, unless the contrary appears from the context.
"act" is not define in IPC however in section 32 and section 33 is given act include the illegal omission.
an act will be series of
Illustrations
(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.
(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.
Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.
death cause inadvertently without intention.
Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.
death cause inadvertently with intention.
Explanation 3.—The causing of the death of a child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.
When does a homicide become culpable homicide?
When a homicide become culpable homicide that means only if it is cause death under these 3 clause that would be culpable homicide.
- Black intention means intense desire to kill and cover culpable homicide 1st degree. an act with the intention of causing death
- Dark Gray Intention means desire to kill but intention is not so intense cover culpable homicide 2nd degree. with the intention of causing such bodily injury as is likely to cause death
- Gray Intention means no desire to kill and it's cover culpable homicide 3rd degree. with the knowledge that he is likely by such act to cause death
Intention of cause death of human being will not transfer to animals or viz versa.
It is not necessary that culpable homicide should be directed against specific person, it is sufficient I intended to kill anybody because than there is transfer of malice.
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