Sunday, 27 February 2022

Meaning of Environment

Vande Matram friends! The environment is one of the science topics. But the environment and its protection is our implied duty as human beings. So it is necessary to create some laws, rules, and regulations for the protection of this very basic thing for our better life. This series will discuss all the things related to environmental laws in India.

Meaning of Environment

The environment has been defined as that outer physical and biological system in which man and other organisms live as a whole. The human Human environment consists of both the physical environment and biological environment. The physical environment covers land, water, and air. The biological environment includes plants, animals, and other organisms.

The term environment has been derived from the term ‘environ’, which means ‘to surround’. Thus, etymologically environment means ‘surrounding conditions, circumstances affecting people’s lives’. The same meaning has been given in Collins Dictionary.

As per Section 2(a) of the Environmental Protection Act, 1986, ‘Environment’ includes Water, air, and land and the inter-relationship which exists among and between, water, air, land, human beings, other living creatures, plants, microorganisms, and property.

As per Section 2 (d) of the National Environmental Tribunal Act, 1995 ‘Environment’ includes water, air, and land and the inter-relationship which exist among and between water, air, land and human beings, other living creatures, plants, micro-organisms, and property. The definition is having similarities to that given in the Environmental Protection Act, 1986.

As per the statutory definition of environment given in the Environmental Protection Act, 1986 and in the National Environmental Tribunal Act, 1995; it is clear that humans are having interrelationships with water, air, land, other living creatures, plants, microorganisms, and property.

The environment includes the complex physical, chemical, and biological factors surrounding an organism or an ecological community. Such factors act and interact with various species and organisms to affect their form, growth, and survival.  From the above definitions, it is clear that the “Environment” comprises all entities, living and non-living, natural or man-made, external to oneself, and their interrelationships, which provide value to humankind.



Sunday, 20 February 2022

An act in law

Vande Matram! This article is about General Clauses Act, 1897. This is the basis of the Interpretation of the statute.

(2) “act”, used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done extend also to illegal omissions;

Short Q and A:

·         What do you mean by an ‘act’ in law?

o   As per the General Clauses Act, 1860 the meaning of the act is used with to an offence or a civil wrong.

·         What is included in ‘act’ when it is used in law?

o   An ‘act’ includes an offence or a civil wrong.

o   There may be a series of offences or civil wrongs included in the term ‘act’.

o   Also illegal omissions are included in the term ‘act’.


 

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Abetment

Vande Matram! This article is about General Clauses Act, 1897. This is the basis of the Interpretation of the statute.

Bare Act:

Let us read the general definition of 'abet' as per General Clauses Act, 1897:

GENERAL DEFINITIONS

1[3. Definitions.—In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context,—

(1) “abet”, with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860);

Thus Section 3(1) of the General Clauses Act, 1897 provides us that the term 'abet' shall be interpreted with its various grammatical variations and cognate expressions as per the meaning given in the Indian Penal Code (45 of 1860).

Meaning of “abet” as per Indian Penal Code:

Chapter 5 of IPC deals with offences relating to abetment.

Abetment basically means the action of instigating, encouraging or promoting a person into committing an offence. It can also mean aiding the offender while he is committing a crime.

The definition of abetment under Section 107, IPC requires a person to abet the commission of an offence.

Short Q and A:

·         What is the extent of definitions given in the General Clauses Act, 1897?

o   Definitions given in the General Clauses Act, 1897 is having extent to all Central Acts and Regulations made after the enactment of this Act.

·         What is the meaning of ‘abet’ in the General Clauses Act, 1897?

o   In the purview of the General Clauses Act, 1897 the meaning of abet with all its all grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code, 1860.

·         What is the meaning of ‘abet’?

o   The term ‘abet’ is a verb having meaning ‘encourage or assist (someone) to do something wrong, in particular, to commit a crime and encourage or assist someone to commit (a crime)’.


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