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Understanding the Requirements of a Valid Contract under the Indian Contract Act, 1872 Introduction

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Contracts are the backbone of modern commerce and daily life. From purchasing groceries to signing multi-million-dollar business agreements, contracts govern our interactions and transactions. In India, the Indian Contract Act, of 1872, provides the legal framework for contracts. To ensure fairness and enforceability, this act sets forth specific requirements for a contract to be considered valid. In this article, we will delve into the key provisions and elements that make up a valid contract under the Indian Contract Act, of 1872.   Offer and Acceptance The cornerstone of any contract is the presence of a valid offer and an equally valid acceptance. These two elements mark the initial stages of contract formation.   Offer:  An offer is a clear, unequivocal proposal made by one party (the offeror) to another party (the offeree) with the intent to create a legal relationship. It must be specific in its terms and communicated to the offeree. In India, an offer can be made in writing, ve

A brief note of Bail in bailable and non-bailable offence

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  The word bail has been derived from the French word ‘bailer’, which means to deliver or give. The conditional release of an indicted from guardianship is nominated as bail. In other words, bail is the security for the indicted person. A person is assumed to be innocent unless proven guilty. Hence, an indicted shall not be deprived of particular liberty unless specified by a fair and just procedure.   Bail Provisions Under CrPC   The term ‘bail’ is nowhere defined in the Criminal Procedure Code, 1973. still, it has been defined in CrPC under sections 436- 450. The first schedule of CrPC also defines which offenses are bailable and which are not. Generally, on-bailable offenses are more heinous crimes.     Bail in Bailable Offence     A person other than a person indicted of an on-bailable offense may be released on bail under this section on similar terms as may appear reasonable to the police officer or the Court. A person released under this section by the police off

Bridging the gap between Indian Penal Code, 1860 (IPC) and Bharatiya Nyaya Sanhita Bill, 2023 (BNS)

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  Introduction The legal landscape of India is a complex and ever-evolving entity. It is governed by a plethora of laws and regulations that have been enacted over the years to address various aspects of societal behavior and governance. Two significant legal frameworks that shape the Indian legal system are the Indian Penal Code (IPC) and the relatively new entrant, the Bharatiya Nay Sanhita (BNS). In this article, we will explore the differences between these two legal codes and discuss the advantages of introducing the Bharatiya Nay Sanhita. I. Understanding the Indian Penal Code (IPC) The Indian Penal Code, enacted in 1860 during British rule, serves as the bedrock of criminal law in India. It was drafted by Thomas Babington Macaulay and has undergone several amendments since its inception. The IPC defines various offenses, their punishments, and the procedures to be followed in criminal cases. It is an exhaustive document that covers a wide range of criminal activities, from