Law & Life

  Absolute Liability in Indian Legal Context Introduction The doctrine of absolute liability represents a significant evolution in Indian tort law, establishing a stringent standard of liability for entities engaged in hazardous or inherently dangerous activities. This principle holds such enterprises wholly accountable for any harm resulting from their operations, irrespective of fault or negligence. The genesis of this doctrine in India can be traced to the landmark judgment in M.C. Mehta v. Union of India (1987) , which marked a departure from the traditional English rule of strict liability established in Rylands v. Fletcher (1868) . Traditional Doctrine: Rylands v. Fletcher The English case of Rylands v. Fletcher (1868) laid down the rule of strict liability, wherein a person who, for his own purposes, brings onto his land and collects and keeps there anything likely to do mischief if it escapes, is prima facie answerable for all the damage which is the natural consequ...

  Vicarious Liability of the State: Legal Framework in India Introduction Vicarious liability refers to the legal responsibility imposed on one party for the wrongful acts committed by another, typically within the scope of employment or authority. In the context of state liability, it pertains to the circumstances under which the government or its agencies can be held accountable for the actions of their employees or representatives. The evolution of vicarious liability of the state in India has been shaped by constitutional provisions, statutory laws, and judicial interpretations. Constitutional Provisions The Constitution of India lays the foundation for the state's liability through specific articles: Article 294(b): This article stipulates that the Government of India or the Government of a State shall be liable for any contract made and any liability incurred by or on behalf of the Dominion of India or the corresponding Province or Indian State. Article 300(1):...

  Defamation: Legal Concept and Application in Indian Law Introduction Defamation is a civil and criminal offense in India that involves harming a person's reputation through false statements. The law recognizes a person’s right to dignity and reputation, and any attempt to tarnish it without justification can result in legal consequences. In India, defamation is covered under civil law (Tort Law) and criminal law (Indian Penal Code, 1860 - IPC) . The law of defamation is primarily derived from English common law , and Indian courts have evolved their own jurisprudence on the subject through various judgments. Definition of Defamation Defamation refers to any false statement—spoken, written, or published—that harms the reputation of an individual or an entity. Under Section 499 of the Indian Penal Code (IPC), 1860 , defamation is defined as: "Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any impu...

  Nervous Shock: Legal Concept and Application in Indian Law Introduction The legal concept of nervous shock refers to a sudden psychiatric illness or emotional distress caused by witnessing a traumatic event. Unlike physical injury, nervous shock pertains to psychological harm resulting from a distressing situation, often due to negligence or intentional wrongdoing. In Indian law, claims for nervous shock are recognized under the law of torts , and judicial interpretations have evolved to determine liability for such injuries. Courts have taken guidance from English common law while adapting the principles to the Indian legal framework. Definition of Nervous Shock Nervous shock is a recognized injury in tort law and is defined as a mental condition caused by experiencing or witnessing a distressing event, leading to psychiatric illness. It extends beyond mere grief or distress, requiring medical evidence to prove a diagnosable psychological disorder, such as post-traumati...