February 14, 2014

#Knowhow Think Like A Lawyer(2) Learn to divide a section - An Example Analysis

Suppose, there is legal section like following:-

"Whoever shall cause voluntarily grievous hurt to another shall be punishable with Imprisionment upto six months or fine up to Rs. 500/- or with both"

Now, break down this section into smaller parts like this;-

1) Whoever
2) shall cause
3) voluntarily
4) grievous hurt
5) to another
6) shall be punishable
7) with Imprisionment
8) upto six months
9) or
10) fine up to Rs. 500/-
11) Or with both

Now write meaning of this each parts against it in your own words. And there, you will be thinking like lawyer.

1) Whoever : means a person. It does not mean an animal. If a dog has hurt someone, no case is made under this section. Word "Person" is defined elsewhere in law, as man, woman or a company or firm.

2) Shall cause : it means, if this person hurts you by causing some one to hurt you, he will be still liable.

3) Voluntarily :- It means, of someone accidentally hurts you, no case under this provision of law.

4) Grievous Hurt: it means if Simple hurt is inflicted, no offence. Now what is grievous hurt and what is simple hurt? This must have been explained in other provisions. Look up those provisions also.

5) To another :- It means if a person has inflicted injury to his own self, no case in this section.

6) Shall be punishable :- These words are very clear. You can understand without much analysis. Many lines in legal provisions are simple.

7) With Imprisionment : means jail.

8) up to 6 months: Means Jail can be maximum up to 6 months. But the judge can also give less than 6 months jail.

9) or : It means, it is not necessary that Judge must send accused to jail. The Judge is given some option if he does not want to jail accused.

10) Fine up to Rs. 500/- : Means the judge can refuse to order jail, but then he must impose fine instead of jail, but this fine shall not be more than Rs.500/-. If he thinks fit he can fine only Rs.1/- also.

11) Or with both:- If judge thinks fit he can order Jail and fine both, but within limits prescribed above..



Haresh Raichura
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