New Delhi :- We will try to understand Section 300 of the Indian Penal Code defines murder and Section 302 prescribes punishment for murder which extends to the death penalty or imprisonment for life. Section 307 provides for the definition and punishment of an attempt to murder.

The Indian Penal Code not only makes the offense of murder punishable but also attempts to commit murder a punishable offense. In some circumstances, the person intends to kill someone but due to some circumstances, the murder does not happen.

Section 307 of the Indian Penal Code provides for attempts to murder

Section 307 provides for three types of punishment in the punishment of an attempt to murder.

1) If any person acts with such intention or knowledge as would cause death the person doing so shall be punished with imprisonment of either description for a term which may extend to ten years or with fine or with both.

(2) If any person is hurt, the accused shall be punishable with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years and with a fine.

(3) If any person being guilty of imprisonment for life commits the offense mentioned in section 307 which causes hurt to any person the accused may be punished with capital punishment.

The conclusive question for the making of the offense in section 307 is the intention to cause death or the knowledge that the act of the accused will cause death whatever the consequence of the act of the accused, and the nature of the injury is irrelevant.

It is enough to have the intention and knowledge to kill. The nature of the act is a different aspect to be seen.

In the case of State of M.P Vs. Building & Ors. AIR 2008 SC it was held that the act committed under section 307 shall be deemed to have been successful if there is also an intention to carry out that act with some external force. Injury capable of causing death need not be caused. This section makes a distinction between an act and its result. The court has to determine whether the act was successful with intent and knowledge and under the circumstances regardless of the result of the act.

Provided that if the accused proceeds with a sharp-edged weapon to kill any person and he uses the sharp-edged weapon not with a sharp edge but from another part thereof such accused may be entitled to acquittal. Each case is based on facts. Where a person commits an attempt to murder under section 307 when he commits murder does any act in the direction of committing murder it is not necessary whether his act is final or not.

The intention or knowledge used in this section 307 shall have the same meaning as in section 300. The offense of section 307 determines the punishment commensurate with the gravity of the offense. Under the case of section 307, it is not necessary to do any work by the accused if such an act was being done which could have caused the death of a human being and was being done to kill then a case was made under section 307 and if the injury is caused by the act so done with intent to murder in such a situation also he may be convicted under section 307.

When the accused person fired a pistol at a person going by car his intention to cause death by firing the bullet is entirely possible if the bullet does not hit the lead and goes downwards then such person will be guilty of attempt to murder. If no injury is caused to the person going by car the accused shall be punished with imprisonment of either description for a term which may extend to 10 years and with a fine or with both.

If the person going by car is injured that is to say, the person is shot but does not die the accused may be punished with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years, or with a fine or with both.

If any accused while out on parole is guilty of imprisonment for life attempts to murder any person such accused may be punished with capital punishment. In another case, the Supreme Court said that it would be unimportant whether the effort is final or not.

Om Prakash Vs State of Uttar Pradesh AIR 1961 SC. 1782 In this case the Supreme Court held that an attempt or attempt under section 307 is said to be when the accused has the intention to cause the death and the act is done by the accused in furtherance of that intention. The facts of this episode were that her husband was keeping a woman without food her mother was also with her in this work that woman somehow escapes from that house. She is admitted to the hospital after months of treatment. She can recover the court held both husband and mother-in-law guilty of the attempt to murder.

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;- What does caveat mean in law?

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New Delhi :- Filing of Caveat has become common in the cases caveat has now become such a legal term that it is heard again and again in the conversation of common people and lawyers on daily basis, today we know about caveat, what is caveat And what kind of cases is it related.

The Caveat is defined in section 148 (a) of the Code of Civil Procedure e 1908. the caveat is to be filed only in civil cases.

What is the caveat 

If a caveat is understood in common given the possibility of a case already in the court, whether applying application that if a case against him comes to the court, the ex -parte judgment should not be pronounced without hearing him also. The principle of natural justice also says that if a party comes to the court, then the decision should not be given without hearing the other side.

The process of civil code cases is such, a plaintiff brings a case to the summons are issued to the defendant related to that case, the summons is sent for service at the residence of the defendant. But the respondent get . If the party does not appear on the given date, then the court gives ex-parte judgment to such party.

The caveat itself is a legal system to deal with the situation. It is the principle of natural justice in law that all parties should be heard equally. Equal evidence should be taken from all the parties,, after that, a decision of its own should be given.

As per section 148(a) caveat of the Code of Civil Procedure, 1908, any party on the ground of presumption of being a party to a case may file a caveat before the court saying that if the matter relating thereto is brought to the court, he shall No decision of any kind should be given in the matter without hearing Such caveat is given on the apprehension of becoming a party to any future proceedings against him in any court. There is no trial of any kind in the court, but there is a possibility of a lawsuit.

The caveat is based on this possibility As there is a possibility that any person or institution may bring any kind of civil case against him before the court regarding any matter, then such person files a caveat against that person in the court. Such a caveat can be filed in any case whether there is a suit or an appeal, Usually, such caveat is filed on the grounds of the possibility of appeal.

How is caveat filed?

For filing caveat, a form is filled in the court, in this form the name of the person, the name of the court, the complete information of the person against whom caveat is being filed, as well as the information about the case in which the party is likely to be filed. All this information has to be entered in the form and all this information is filled in the form and filed to caveat.
The Court keeps the caveat on its record and whenever a matter relating to it is presented in that Court, the Court does not, in any case, proceed ex parte and informs the party filing the caveat Such a caveat, while being presented before the court, has to be given to the party who is likely to bring a suit. Such information is given through registered post and that postal slip is attached with the caveat.

By this, the party also becomes aware that if he is about to bring a matter to the court, then the information related to it has already been given to the notice of the court and it cannot be done ex parte. Caveat period Any caveat is valid within 90 days from the date of its filing.

Its validity period expires after 90 days and then it ceases to have any legal significance. If the court has to take cognizance again, then a new caveat has to be filed. This has been mentioned under sub-section 5 of Section 148(a) of the Code of Civil Procedure, where it has been clearly stated that any caveat is valid only for 90 days. It automatically expires after 90 days.

If after this the parties bring any matter before the court, then it can be done ex parte if the defendant does not appear. This period of 90 days has been given in the law because normally the cases related to caveat are invoked only in the case of appeal.

In the case of appeal, people also give caveats, because it is known that if a lower court has given any kind of decision against any party, then that party can bring an appeal against that decision to the higher court.

Normally the period of such appeal is only 90 days, hence the caveat was also restricted to 90 days. It is completely wrong that once a caveat is given, the court is always vigilant in its case. The Court is bound to remain vigilant only for 90 days.

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  New Delhi :- There’s a controversy about the practice of religion going on in the society, In general incidents of such discrimination keep happening day by day, Article 25 to Article 30 of the Constitution of India are related to religious empowerment, these articles are related to the promotion and adoption of religion of the person gives complete freedom as well as we will see how Article 15(2) ,  Article 29(1) , Article 14 and Article 21 are related.

Article 25 of the Indian Constitution gives the right to practice and propagate every religion and gives the right to profess a religion or to declare his religious belief openly and also gives the right to adopt the practice of that religion. We are talking about the freedom of every woman. Hijab is a dress adopted by the woman of her freedom will which is associated with her freedom. In the Muslim community, women must wear hijab, but if a woman does not wear hijab, then it is her own decision. Our constitution is based on secularism, not based on religion.

Article 25 is based on religious freedom, a person is completely free to profess his religious belief and belief, the state should not interfere in the internal freedom of the person, it will be a violation of the system of our democracy. We believe this article states does not prevent the state from making laws. The state works for public welfare, the state should not do that the living conditions of the people living in the state are banned It would be immoral to do so It would be against the basic elements of the constitution.

            Ratilal Pan Chand Gandhi Vs State of Bombay 1954 , 
In the case of the Supreme Court said that therefore the freedom of doing, that is believing in one’s religion is not for the followers of every religion, this right is equally available to all religions.

Hijab is a part of the religion of the Muslim community. When Article 25 of the Constitution gives the right to practice to every religion and at the same time Article 14 also talks about equality before the law then there is no such thing as discrimination.

The Muslim community comes under the minority community, Article 29(1) says that citizens of any part of the country, all communities whether they are tribal or residents living in the city all have the right to maintain their language or culture will have the right.

 In the Muslim community, it is considered a rule of Sharia to veil veils, it is considered to walk the path of religion. The purdah (Hijab) is a part of the culture of the Muslim community. Living without any interference without any discrimination is the fundamental right of every person’s life, according to Article 21 of the Constitution.

A person has the right to live freely as well as to get an education. The Constitution 86th Amendment, 2002 inserted Article 21-A in the Constitution of India to give free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

No person should be deprived of education, it is condemnable, discrimination is being done even in places like schools, the state should treat all citizens equally in all public places. It is immoral to deprive girl students of education and hijab recently, Article 15(2) of the constitution says that there will be no discrimination based on caste, community, religion.

On the one hand, we talk about morality, empowerment of women is important for us then the freedom of every woman should also be necessary be it a woman or a man of any religion or caste, the state should not object to her clothes or her living conditions. Secular is included in our constitution it does not talk about any religion, considers everyone equal. Everyone should keep respecting each other’s religions and brotherhood and unity and integrity of the country.

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