“Law Master’’ Publication
“Person”
Prof. .S. D. Bhosale
77
Legal Concepts
(..6 a..)
PERSON
QUESTION BANK
Q.1 Discuss the legal status of dead persons and unborn persons.
Q.2 Discuss the legal status of lower animals, minors and persons of unsound mind.
Q.3 Define a legal person. Discuss the nature of liability of a corporation for the acts of
its agents and representatives.
Q.4 Define legal person. Explain the status of lunatics and drunken persons.
Q.5 Explain the nature of personality and discuss the legal personality of non-human
being.
Q.6 What is the legal status of corporate personality.
SHORT NOTES
1. Legal status of legal person.
2. Legal status of unborn person.
3. Modern legal personality.
4. Corporation.
SYNOPSIS
I. Introduction-
II. Definitions-
1. Salmond-
2. Gray-
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III. Kinds of persons-
1) Natural person-
2) Legal person-
IV. Legal status of lower animals, dead men and unborn persons etc-
1) Legal status of lower animals-
2) The legal status of dead men-
i) Legal status relating to corpse-
ii) Legal status relating to dead man’s reputation-
iii) Legal status relating to dead man’s property-
3) Legal status of unborn person.-
4) Legal status of lunatic person-
5) Legal status of drunkard-
6) Corporation-
Kinds of Corporation-
1) Corporation aggregate-
2) Corporate Sole-
Conclusion-
I. Introduction-
[In this topic and coming topics, we will discuss meanings of some basic legal
concepts such as a person, right and duty, ownership, possession, property, liability, etc.].
The term ‘person’ is derived from the Latin word “persona’ which means ‘a mask
worn by the actor in drama’. Gradually, its meaning started to be used synonymously with
that of a ‘living being’ capable of having rights and duties. However, in present days it
denotes a ‘being or an entity capable of sustaining legal rights and duties’. Thus,
Corporations, companies, trade unions, societies, universities, hospitals, idols, etc., are
persons in the eyes of the law.
II. Definitions-
Following are some of the definitions of ‘person’, viz-
1. Salmond-
According to Salmond, “a ‘person’ is any being whom the law regards as capable
of having rights and duties”.
2. Gray-
According to Gray, “a person is an entity to which rights and duties may be
attributed”.
Thus, from the above definitions, we will find two types of persons viz- (i) Natural
and (ii) legal.
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“Person”
Prof. .S. D. Bhosale
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III. Kinds of persons-
1) Natural person-
A human being is a natural person, capable of having rights and duties. It is both a
person in law as well as in fact. In the modern era, all human beings are regarded as
‘persons’. However, in ancient times, enslaved people, monks, excommunicates and,
outlawsaliens were not treated as persons. They had no rights and duties as other human
beings. A human's legal personality begins at birth and ends with death.
2) Legal person-
‘Legal Person’ is also called an ‘artificial’, ‘juristic’ or ‘fictitious’ person.
According to Salmond, a ‘legal person is a person to whom law attributes personality’. A
legal person is a person who exists only in the eyes of the law; in fact, it cannot be seen,
felt or touched. Corporations, Universities, Municipalities, idols, Bishop, Post-master
General etc., are legal persons in this sense.
IV. Legal status of lower animals, dead men and unborn persons, etc.-
1) Legal status of lower animals-
Human beings are ‘Natural’ persons. According to Salmond, animals (beasts) are
not persons, either natural or legal. They are merely things. Animals may be the object of
legal rights and duties, but animals themselves cannot possess any right or duty.
In the olden days, however, we may find some examples of punishment for animals.
Ox, if it kills humans, used to be stoned to death. Similarly, there was an instance in past
when cock was tried for witchcraft. Even in Greek law, animals and trees were tried for
offences. In ancient Hindu jurisprudence, we also found that the killing of harmless animals
like swans, squirrels, pigeons, cows, bulls, etc., was punishable. In this limited sense, they
were treated as a person. However, if any animal becomes dangerous, it will be killed. In
modern law, animals are not considered as a person having rights and duties. But there are
provisions to protect them. In today’s time, we find a number of laws which protect against
cruelty to animals, anti-poaching laws, prohibition on smuggling of animals, bull fights
etc.
An animal cannot possess legal rights nor be subject to duty. Harm to an animal is
treated as harm to its owner. However, the latter would prevail in a conflict of interest
between animals and men.
No animal can be the owner of any property. An animal cannot be an owner even if
there is a human trustee. A private trust in perpetuity for the benefit of animals is prohibited.
However, a public charitable trust to benefit a certain class of animals is valid. Thus, a
bequest in trust for the protection of crippled, weak animals is valid. Sometimes, a private
trust, even though for the benefit of a particular animal, is held valid if it is not in perpetuity.
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“Person”
Prof. .S. D. Bhosale
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There is a provision even in Indian law to keep trespassing animals in cattle pound unless
the fine is recovered.
2) Legal status of dead men-
In law, the dead are treated as things and not persons. Dead have no rights, duties
or interests. We will discuss the legal status of the dead in relation to the following-
i) Legal status relating to corpse-
A corpse or dead body is not the property of anyone, even of the dead or his heirs.
In Williams v. Willams, it has been held that a corpse cannot be disposed of by will or by
any other instrument. However, today, one can donate an eye, heart, kidney, etc., for
medical purposes. In India, we will find some laws which permit such gift of parts of a
dead body. A person cannot make provision by will bequeathing certain property for the
maintenance of his grave, but he may bequeath for maintenance of the graveyard. S. 297
of I.P.C provides punishment for committing a crime which amounts to indignity to any
human corpse. According to English and Muslim law, violation of a grave is treated as an
offence.
ii) Legal status relating to the dead man’s reputation-
Defaming a dead man is treated as an offence, not against the dead but against legal
heirs. S. 499 of I.P.C punishes defamation even of a dead man.
iii) Legal status relating to the dead man’s property-
Through a will, a person can make arrangements for his property even after his
death. The law of succession permits the desire of the dead to regulate the actions of the
alive to whom the property is bequeathed.
3) Legal status of an unborn person.-
An unborn person has a legal personality for specific purposes and upon a
contingency. No restriction in law prevents a man from owning property before his birth.
This ownership is real and present but is contingent upon his taking birth alive. For
example, a bequest can be made to an unborn person. Similarly, a posthumous child is
entitled to succeed in his deceased father’s estate, provided that he must be born alive. In
short, if the unborn dies in the womb, his interest comes to an end, and no one can claim it
through him. It has been held that a posthumous child is entitled to compensation for the
death of his father in an accident, etc.
S. 416 of the Cr. P.C. provides that pregnant women condemned to death cannot be
executed until she delivers the child. Abortion is an offence in many countries, including
India.
1 (1832)
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in the womb, because of which it dies after having been born alive, amounts to murder. In
India, if any part of a child comes out of the body of a mother and is killed, it amounts to
murder.
compensation claim of a child who suffered injuries while in the mother’s womb due to a
railway accident. The court further held that the Railway Company is not obliged to take
care of a child whose existence it was unaware of.
compensation to an infant for injuries suffered in an accident while in the mother’s womb.
Thus, in many respects, the unborn child in the mother’s womb is regarded as having
a right and, therefore, is a person in the eyes of the law.
4) Legal status of a lunatic person-
A lunatic is a person who suffers from intermittent attacks of unsoundness. A lunatic
is a legal person with restricted rights and duties, like a child.
A lunatic cannot enter into a contract; any contract with a lunatic or person of
unsound mind is void ab initio in India (S. 11 of the Indian Contract Act). However, it is
voidable in England at the option of a lunatic person on his becoming of sound mind.
However, when a lunatic becomes of sound mind, he can enter into a valid contract. In
Facts- A property worth about Rs. 25000 was agreed to be sold by a person for just Rs.
7000. His mother proved that he was a lunatic and, therefore, incapable of understanding
the transaction.
The court held that- the agreement was void, as the person could not exercise his own
judgment as to his interest.
However, a guardian can enter into a contract on behalf of a lunatic.
Similarly, an insane person is not liable for a crime, and he cannot be punished for
that (S. 84 of I.P.C).
5) Legal status of a drunkard-
A drunkard person has a legal personality with limitations on his rights and duties.
His status is like a lunatic.
If a drunkard person enters into a contract while heavily drunk, whereby he is unable
to understand the nature of the agreement, the agreement is void. But if he is able to
understand the nature of the agreement and its effect on his interest, the contract is valid.
2 [1890 ] 28 L.R. Ire 69.
3 [1933]
4 1957 Pat 491
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A person intoxicated or drunkard is defended from criminal liability; however, such
intoxication should not be voluntary (Ss. 85 and 86 of I.P.C).
Three kinds of abnormal persons are unable to form rational thinking. They do not
know the nature of the act they are doing, and they are also unable to know the effects and
legal consequences of their acts. They are persons of unsound mind (lunatics, idiots, etc.),
persons heavily drunk (intoxicated), and minors. They are defended by law because they
lack the requisite means to commit the offence.
6) Corporation-
A corporation is a legal or artificial person. By legal fiction, personality is conferred
on such a corporation.
Kinds of Corporation-
1) Corporation aggregate-
A corporate aggregate is a group of co-existing persons or a combination of persons
who are united together with a view to promoting their common, collective interest, which
is generally the business or commercial interest such as a company. A corporate aggregate
is a collection of individuals united into one body under a special denomination. It has
perpetual succession and, in many respects, acts like an individual.
In India, All bodies or associations incorporated under the statute of Parliament or
state legislature are corporate aggregates. Thus, all corporations registered under the
Companies Act 1956, all societies registered under the Societies Registration Act 1860,
and all trusts registered under the Trust Act are corporate aggregates.
2) Corporate Sole-
Corporate sole is an incorporated series of successive persons. It consists of a single
person who is personified and registered by law as a legal person.
Thus, a single person who, in the exercise of some office or function, deals in the
legal capacity and possesses rights and duties is a ‘corporate sole’. A corporate sole is also
perpetual. Post-master-General, Public Trustee, Comptroller and Auditor –General of
India, the President of India, and the Crown in England etc., are some examples of the
corporate sole.
The person acting as the corporation sole has a double personality: personality as a
‘corporate sole’ and personality as a natural person.
Conclusion-
In conclusion, we may say that, like a natural person, the law confers personality to
some unnatural entities for a specific purpose. Like natural persons, these legal
personalities also get names, fame, rights, and duties for carrying out their specific purpose.
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“Person”
Prof. .S. D. Bhosale
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