Thursday 13 May 2021

Questions and Answers on law part 23

 Q 1:- Whether easement can be suspended?

Ans:- Section 49 in The Indian Easements Act, 1882

49. Suspension of easement.-An easement is suspended when the dominant owner becomes entitled to possession of the servient heritage for a limited interest therein, or when the servient owner becomes entitled to possession of the dominant heritage for a limited interest therein.
Q 2:- What is meaning of cognizance of  offence?
Ans:- Cognizance of offence means that Magistrate has come to conclusion that there is a case to be inquired into.The word cognizance is used to indicate the point when Magistrate or Judge first takes Judicial notice of offence. Taking cognizance is judicial application of mind by Magistrate to facts mentioned in the complaint with a view to take further action.
Q 3:- What is difference between approver and accomplice?
Ans: The difference between approver and accomplice is that approver is always an accomplice where as an accomplice is not necessarily an approver as an accomplice or co-accused becomes an approver after he has been tendered a pardon or granted concession on the condition that he will reveal the truth and will not hide anything in relation to offence or offences which he and other accused are alleged to have committed.

Q 1:- What offence is made out if a person commits Rape on dead body of a lady?

Ans:- Prima facie, the offence under Section 297 of the I.P.C would be attracted. If anybody, with the intention or knowledge mentioned in paragraph 1 of Section 297 IPC, does any of the three acts mentioned in the three clauses, then he would be guilty of the offence under that provision.

297. Trespassing on burial places, etc.—Whoever, with the inten­tion of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulchre, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 

If any graver offence is made out or not depends on facts of case.

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