Question and answer on law part 4

1) What is difference between Murder and culpable homicide?

Ans:

1. Culpable homicide is wider than the term murder. Culpable homicide is therefore considered as the genus while as murder is regarded as a species. All murders are culpable homicide but all culpable homicides are not regarded as murder.
2. Murder is an aggravated form of culpable homicide.
3. In murder, the offender has a definite knowledge that the act would result in the death while as in culpable homicide the knowledge is not so definite.
4. The probability of causing death is higher in murder than culpable homicide.

Q 2:- 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 3:- What is doctrine of colourable legislation?

Ans:-  It may be made clear at the outset that the doctrine of colourable legislation does not involve any question of bona fides or mala fides on the part of the legislature. The whole doctrine resolves itself into the question of competency of a particular legislature to enact a particular law. If the legislature is competent to pass a particular law, the motives which impelled it to act are really irrelevant. On the other hand, if the legislature lacks competency, the question of motive does not arise at all.

Q 4:- 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 5:- Where is provision to record   demeanour of witness in criminal Procedure Code?

Ans:- Section 280 in The Code Of Criminal Procedure, 1973

280. Remarks respecting demeanour of witness. When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.

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