Insta_Legal 2.

Rankers’ Study Material

Part of the most Comprehensive Classroom Training, Prep Content & Test Series across the Nation.
From the producers of A.I.R. 2, 3 and 5 in CLAT 2019.

MOST IMPORTANT TOPICS FOR LEGAL REASONING AND THEIR LUCID EXPLANATIONS

IMPORTANCE OF INSTA_LEGAL 2.0

 We have prepared a list of around 150 topics (90 of these were shared with you earlier). There is a good possibility
that the passages in the upcoming CLAT will be around these topics. So to boost your preparation, we have
prepared a summary of each topic and will be sharing with you on our telegram channel.

 Insta_Legal 2.0 will contain the summary of not just 90 topics that we have shared earlier but also many new topics
which we have added recently.

 Those of you who have already gone through the Insta_Legal before should not skip Insta_Legal 2.0. owing to the
relevance Insta_Legal 2.0 Holds, reading it multiple times before your exam will help you in understanding the
passage with much more clarity and efficiency.

HAPPY READING 😊

EXPEDITIOUS DISPOSAL OF CRIMINAL CASES MUST NEVER RESULT IN

BURYING THE CAUSE OF JUSTICE - SC IN 13 DAY TRIAL CASE
The Supreme Court has observed that expeditious disposal of criminal cases must never result in burying the cause
of justice.The bench comprising Justice UdayUmeshLalit, Justice Indu Malhotra and Justice Krishna Murari set
aside a death penalty awarded to a rape and murder accused in a trial that finished within thirteen days.
Anokhilal was convicted and sentenced to death in March 2013 for committing the murder of a minor girl, aged nine
years, after raping and performing carnal sex with her. The entire trial finished within thirteen days. The Madhya
Pradesh High Court upheld the death penalty in June 2013.
In the appeal filed by the convict before the Apex Court, appearing on behalf of the accused, for Supreme Court
Legal Services Committee, Senior Advocate SidharthLuthra, submitted that the Amicus Curiae appointed by the
Trial Court to defend the accused did not have sufficient opportunity to study the matter nor did he have any
opportunity to have any interaction with the accused to seek appropriate instruction. It was also contended that no
report was obtained from any Probation Officer who could have given valuable inputs as to whether the case called
for any leniency on any count.
In the judgment, the bench noted that the Amicus Curiae did not get the sufficient time to go through even the
basic documents, nor the advantage of any discussion or interaction with the accused, and time to reflect over the
matter. It said:
"In the present case, the Amicus Curiae, was appointed on 19.02.2013, and on the same date, the counsel was
called upon to defend the accused at the stage of framing of charges. One can say with certainty that the Amicus
Curiae did not have sufficient time to go through even the basic documents, nor the advantage of any discussion or
Insta_Legal 2.0

interaction with the accused, and time to reflect over the matter. Thus, even before the “Amicus Curiae”(one such
as a professional person or organization that is not a party to a particular litigation but that is permitted by the court
to advise it in respect to some matter of law that directly affects the case in question) could come to grips of the
matter, the charges were framed."

The bench observed:

Expeditious disposal is undoubtedly required in criminal matters and that would naturally be part of guarantee of fair
trial. However, the attempts to expedite the process should not be at the expense of the basic elements of fairness
and the opportunity to the accused, on which postulates, the entire criminal administration of justice is founded. In
the pursuit for expeditious disposal, the cause of justice must never be allowed to suffer or be sacrificed. What is
paramount is the cause of justice and keeping the basic ingredients which secure that as a core idea and ideal, the
process may be expedited, but fast tracking of process must never ever result in burying the cause of justice.
Setting aside the judgments of conviction and orders of sentence passed by the Trial Court and the High Court
against the accused, the bench directed de novo consideration of the case.

FAILURE OF LAWS RELATING TO ACID - SALE, PRODUCTION AND

MANUFACTURE
Acid Attack also known as acid throwing is a form of violent assault which is defined as the act of throwing acid
intentionally on the body of another to disfigure, maim, torture or kill. Acid attack is the cruel, violent, immoral form
of crime in the society. Most of the victims in acid attack are women only. Acid attack is heinous type of crime which
makes the life of the victim irrecoverable. Sulphuric and hydrochloric acid are the two types of acid which are
used in these attacks.
Until 2013, the Indian Penal Code did not recognize acid attack as a separate offence. By virtue of Criminal Law
(Amendment Act) 2013 Section 326A and 326B were inserted in the Indian Penal Code providing punishment for
acid attack and attempted acid attack.
The offence is registered under section 320, 322, 325, 326 and 307 of Indian Penal Code. The SC passed an order
to put ban on selling of acid in shops in the case of Laxmi v UOI.In this case for the first time compensation
was given to acid attack victim. The Prevention of Acid Attacks and Rehabilitation of Acid Attack Victims
Bill, 2017 was enacted to provide for prevention of acid attacks by regulation of sale, supply and use of acid
or other measures and rehabilitation of women victims of acid attacks and matter connected therewith.
According to Section 326A of Indian Penal Code,’’ Whoever causes permanent or partial damage or deformity to, or
burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by
throwing acid on or by administering acid to that person, or by using any other means with the intention of causing
or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either
description for a term which shall not be less than ten years but which may extend to imprisonment for life , and with
fine.”According to Section 326B of Indian Penal Code,” Whoever throws or attempts to throw acid on any person or
attempts to administer acid to any person, or attempts to use any other means, with the intention of causing
permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that
person, shall be punished with imprisonment of either description for a term which shall not be less than five years
but which may extend to seven years, and shall also be liable to fine’’.

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Insta_Legal 2.0

FAKE ENCOUNTER: EXTRA-JUDICIAL KILLING

(DISHA-CASE)

Any act of killing that happens outside the judicial process is called Extra Judicial Killing (EJKs).
‘Encounter Killings’ is the term used to describe extrajudicial killings by the police or the armed forces when they
encounter the alleged criminals or suspected gangsters.
In India, the death sentence can be awarded only on the rarest of the rare instances – by the Supreme Court of
India – after following the due process of law. The term extrajudicial killing is used for executions done by the state
outside the due process of law.
The only two circumstances in which such killing would not constitute an offence were
(i) If death is caused in the exercise of the right of private defence and
(ii) Under Section 46 of the CrPC, which authorizes the police to use force, extending up to the causing of death,
as may be necessary to arrest the person accused of an offence punishable with death or imprisonment for
life.
The four accused in the case of rape and murder of a woman veterinarian (Dr.Disha) have been killed in an
exchange of fire with the Hyderabad Police. According to initial reports, the police were trying to reconstruct the
crime scene when the accused tried to escape with the police officers’ gun. Police opened fire after due warnings
and all four died on the spot. People’s Union for Civil Liberties &Anr vs. State of Maharashtra and Ors

FUNCTIONING AND OBJECTIVE OF NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) has emerged as a powerful unit for the enforcement or implementation of
Environmental legislation made in India.
India became the third country in the world after New Zealand and Australia which has special fast-track courts and
quasi-judicial bodies that deal with environment-related cases.
The tribunal shall consist of minimum of 10 members and not more than 20 members. This will be in accordance
with the notification given by the central government. The members will be a mix of judges and expert members on
environmental issues. Every bench of tribunal must consist of at least one expert member and one judicial member
The qualification required by the person to become a chairperson is that he should have been a Supreme Court
judge or chief justice of a High Court and to become eligible for becoming a judicial member of the tribunal the
person should have been a judge of the High court. To be qualified as an expert member of the tribunal a person
shall possess a degree of master of sciences whether physical sciences or life sciences with a doctorate degree or
masters of technology or masters of engineering having fifteen years of experience in that field with a five year
experience in fields of environment and forest

Objectives of the National Green Tribunal

The speedy and effective disposal of all the cases related to environmental protection and other natural resources.
All the previous pending cases will also be decided by the Tribunal.
Its main aim is to legally enforce all the rights relating to the environment.
It accounts for providing compensation and justice to all the affected people in case of any damage.

Functions of the National Green Tribunal Act

It is a body that has expertise in handling the disputes related to the environment which includes multi-disciplinary
issues as well. The Code of Civil Procedure, 1908, shall not bind the Tribunal as it is to be guided by natural justice
principles.
The jurisdiction of the Tribunal shall provide speedy trials of the environment-related matters and help in reducing
the burden of cases pending in the higher courts. The tribunal is mandated to dispose of environment-related issues
within 6 months of filing the complaint.
It is required to apply principles such as sustainable development at the time of awarding compensation or giving
orders. It should have in mind the principle that whoever is found polluting will have to pay i.e. the principle of
‘Polluter Pays’.
All the proceedings before the National Green Tribunal shall be accorded to the proceedings within the sections of
the IPC. The tribunal is allowed to be a civil court to settle the matters.
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Insta_Legal 2.0

GENERAL DEFENCES IN CRIMINAL LAW

The General Exceptions stipulated under sections 76 to 106 of the IPC, 1860
Mistake of fact (sections 76 and 79) - This exception excludes a person from criminal liability where the person
was mistaken as to existence of some facts or ignorant of the existence of such facts. The mistake must pertain to
fact and not law as “Ignorance of Law is not an Excuse”. “ignoratiajuris non excusat”
Judicial Act (section 77 and 78) - for the defence to be established under the act of a judge, he must satisfy – the
act was performed by a judge, the judge acted judicially in the exercise of the power conferred upon him, he
exercised such power in good faith.
Accident (section 80)- This exception excludes a person from criminal liability where such acts occur as a result of
an accident.
Necessity (section 81)-This defense comprises self defense, defense of property and the exercise of reasonable
care during medical or health operations.
Infancy (section 82 and 83)-Nothing is an offence which is done by a child under seven years of age. A person
under seven years of age is not criminally liable for any offence committed.
Insanity (section 84)-exception from criminal liability due to unsoundness of mind.
Intoxication (section 85 and 86)-exception from criminal liability whether intoxicated voluntarily or involuntarily.
Consent (section 87-91)-it means to agree to perform a thing, the victim gave consent for the harm to occur.
Communication (section 93)
Duress (section 94)
Trifles(section 95)
Private Defense (section 96-106)

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