Keyur Tripathi

Substantive law is the one dealing with the topic/subject with which it has been connected, for instance, The Indian Contract Act 1872, Hindu Marriage Act, 1955, Indian Penal Code, 1890, etc. It refers to the body of rules that determine the rights and obligations of individuals and collective bodies. In other words, it deals with that aspect of a legal system that creates, defines, and regulates the duties, liabilities, and rights of the legal entities.  Procedural or formal law deals with evidence and procedure in the court of law. It deals with the technical aspects (that is, practices and procedures) and prescribes the steps for enforcing the rights and liabilities under the various substantive laws. In other words, procedural law contains the procedure to be followed in trials and appeals. Procedural law prescribes the means of enforcing rights or providing redress of wrongs and comprises of rules pertaining to jurisdiction, pleading practice, evidence, appeal, execution of

Q.4 When Culpable Homicide does not amount to murder?   Ans. When Culpable Homicide does not amount to Murder Section 300 also specifies certain situations when the Murder is considered as Culpable Homicide not amounting to Murder. These are - (1) If the offender does an act that causes death because of a grave and sudden provocation by the other. (2) If the offender causes death while exceeding the right to private defence in good faith. (3) If the offender is a public servant and does an act that he, in good faith, believes to be lawful. (4) If the action happens in a sudden fight in the heat of passion. (5) If the deceased is above 18 and the death is caused by his own consent. Explanation : (Full Details) Exception I - Culpable Homicide is not Murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. T

Civil Law is all that body of principles, decisions and enactments made, passed, recognised or approved by the legally constituted authorities or agencies in a State, for regulating rights, duties and liabilities between the State and the citizens and also the citizens inter-se. It is enforced through the machinery of the judicial process for obedience to the sovereign authorities in a State. Civil Law includes Constitutional Law and Administrative Law (Public Law). Civil litigation usually involves some type of compensation for injuries or damages as well as disposition of property. A civil case is filed by a private party. Criminal Law defines crimes/offences and prescribes punishment for them. Its aim is the prevention of offences. Such law is thus, necessary for maintaining order and peace within the State. A criminal case is filed by the Government (State) against the wrongdoer (accused). The basic difference

Extra- territorial operation” – Law made to operate outside territorial limits of India. State laws would be void if it has extra-territorial operation i.e., takes effect outside the state. However, there is one exception to this general rule. A state law of extra-territorial operation will be valid if there is sufficient nexus between the object and the state. This is clarified by the case State of Bombay vs. R.M.D.C. The doctrine of Territorial nexus can be invoked under the following circumstances- • Whether a particular state has an extra-territorial operation. • If there is a territorial nexus between the subject- matter of the Act and the state making the law. It signifies that the object to which the law applies need not be physically located within the territorial boundaries of the state, but must have a sufficient territorial connection with the state. A state may levy a tax on a person, property, object or transaction not only when it is situated within

Q. 3 Define culpable homicide. When does culpable homicide amounts to murder ? Explain. Ans. Homicide means killing of a human being by another human being. A homicide can be lawful or unlawful. Lawful homicide includes situations where a person who has caused the death of another cannot be blamed for his death. Culpable means blame worthy. Thus, Culpable Homicide means killing of a human being by another human being in a blameworthy or criminal manner. Section 299 of IPC defines Culpable Homicide as follows - Section 299 - Who ever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of Culpable Homicide.   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