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Criminal laws / sec 83 IPC
« on: November 07, 2017, 03:20:08 AM »
Hello. I had a few questions regarding section 83 IPC: Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

Q1)  what happens in case of a person who is 12 years of age when committing the act, will he still be able to use this section in his favour? Example: a person was born on 1 june 2000 and he committed an act on 1 May 2013, i.e one month shy of turning 13; will the defense under section 83 still be available to him?

Q2)  Supposing a person committed an act of theft when he was 8 years of age, but the theft got discovered when he was 19 years of age? How will the court find out that he did not have sufficient maturity at the time of the act?


Criminal laws / question related to punishment
« on: June 03, 2017, 02:27:45 AM »
Hello. I had a question regarding punishments.

Now, from my understanding, if a person is tried and convicted of causing hurt to someone, then the punishment would be for the offense as one offense. For instance, if person A punched B 20 times, each punch causing a painful bruise on B's body, but if convicted, A won't get punished 20 times for 20 separate punches, but only one punishment for all those punches.

However, what I am not clear about, is what happens in the following scenario:  A punches 20 different persons, in 20 different situations for totally different motives. If the 20 persons, all file cases against him, then, hypothetically speaking, if he were to be convicted in all those 20 separate cases, will he get sentenced for all those acts separately? Meaning, if for all single acts, he gets 1 year each, then he ends us getting a sentence of 20 years in total?

Now, I know some sentences are consecutive, while others concurrent, but my question is, legally, is it possible, that the sentence be consecutive, necessitated as a consequence of being tried in different courts?

Secondly, is it within the discretion of the court, to pass consecutive sentence in a scenario where all separate crimes are tried by the same court? If yes, then, does that not mean, hypothetically, that a person who hit a few people, ends up spending more time in prison than a convicted murderer who gets released after 10 or 14 years?

Copyright laws in India / copyright in writing
« on: December 19, 2016, 08:13:54 AM »

         I had a few doubts regarding copyright issues with regard to writing. For the sake of convenience, I'd like to break down my doubts as follows:

1) If a writer writes articles online for money for clients/requesters for the use of such clients/requesters, then, in case of copyright infringement, who would be held responsible for it, the writer, or the client who uses it on his own blog, website, etc?

2) What is the extent of copyright infringement? For example: if a person reads a website page and one line on the page stated "bicycles were very common during the 90s and as a result the air quality was better......", and he decides to use the exact sentence in his own article, will that be copyright infrigement?

3)  If a Indian person uses copyright material registered in USA, then how will this copyright claim be pursued? Will the US copyright holder need to file a case in India?

4) If a person writes 100 books and each single one of them infringes on someone's copyright: then what is the maximum punishment for it? Is it going to be separate punishment (if proven)for every single instance of copyright infringement or only one punishment?

Thanks in advance.

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