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- Corpus Delicti
Meaning: This refers to the facts and evidence that establish the occurrence of a crime. It includes concrete proof, such as a dead body in cases of murder. The term also embodies the principle that a crime must be proven to have occurred before a person can be convicted.
Illustration: In a murder trial, finding the victim’s body with forensic evidence linking it to the accused constitutes corpus delicti. For instance, without the corpse or evidence proving that a person has been killed, a murder conviction cannot be secured.
- Crimen Trahit Personam
Meaning: This maxim means that “the crime carries the person.” It emphasizes that a person who commits a crime is subject to the law of the place where the crime is committed. Under Section 2 of the Indian Penal Code (IPC), or BNS this reflects interterritorial jurisdiction, implying that Indian law applies to any person committing a crime within its territory.
Illustration: If an individual from Country A commits theft in India, they will be tried under Indian law, irrespective of their nationality, because the crime was committed within Indian territory.
- Donatio Mortis Causa
Meaning: This refers to a gift given in contemplation of imminent death, which takes effect only upon the donor’s death. If the donor survives, the gift does not materialize.
Illustration: A person, on their deathbed, hands over the keys to their property to a friend, saying, “This is yours if I don’t survive.” If the donor survives, the gift is invalid. If the donor dies, the gift becomes legally effective.
- Estoppel
Meaning: Estoppel prevents a person from asserting something contrary to what they previously said or agreed to when another party has relied upon that earlier statement.
Illustration: A landlord, after agreeing in writing that a tenant can stay for one year, cannot evict the tenant in six months by claiming there was no agreement. The tenant relied on the landlord’s assurance, and the principle of estoppel applies.
- Ex Gratia
Meaning: This phrase means “out of kindness” or “as a favour,” signifying payments or actions undertaken voluntarily without legal obligation.Illustration: A company pays compensation to the family of a deceased employee as an ex gratia payment. While there is no legal compulsion for the company to do so, it acts out of goodwill.
