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Month: April 2023

Socio-Economic Offences in Indian Constitutional Act

Posted on By toahostinger

Mahatma Gandhi once said that God provided us with sufficient to fulfil our needs but not enough to satisfy our greed. Socio-economic offences are one step towards this greed. Socio-economic offence is spreading like a cancer in the nation which impacts the society from poor to the rich. As we all know everyone wants to become rich to richer by hook and crook in today’s modern world. These offences are not a part of traditional crimes which is very much clear from the characteristics itself in this blog. To overcome this problem Government of India takes many steps from time to time like appointing committees and law commissions to suggest legal as well as administrative measures. This does not end here government also trying to identify these offences by dividing them into categories. In virtue of this, we understand the need to include these offences in our legal system by a few amendments and enactments.  Introduction In The World, many socio-economic offences are rampant nowadays is one of the hidden crimes in the World which is evolving in different types in every country. There are fairly few new sets of Socio-Economic Offences coming into light in our country i.e., ‘INDIA’. With the advancement of technology and the changing needs of society, everyone become a part of one race to become richer to richest in days. These offences are classified under the non-conventional offences in which the mens rea is not an essential element of crime. These crimes have an impact on society socially as well as economically. It never pins point any individual rather it targets a large number of people at once.  In the words of Sutherland, it is a white-collar crime. This type of offence has spread in the world at a large scale as the gravity of these kinds of offences is severe in view of the fact that it harms society at large.   There is another type of crime termed ‘white collar crimes’ which overlaps the concept of socio-economic offences. But there is a difference between these two as in the case of white-collar crime it is a prerequisite that there must be a relation between offence and occupation moreover it is committed by people of the upper class, but these two conditions are not necessary for socio-economic offences in virtue of which we can say socio-economic offences and white collar crime both are not in the context of scope. White-collar crimes have a narrower scope than socio-economic offences. Growth of Socio-Economic Offence  Development of socio-economic offences was divided into three phases i.e. During the British period, after independence and during industrialisation. The first phase came into existence when the Britisher ruled after the Mughals which caused drastic changes in the economy of the nation along with westernisation. The second phase witnessed a period of partition which impacted the social and economic structure of the country which is well known to everyone. The third main phase deals with the main causes of socio-economic offences which are: –  Causes of Socio-Economic Offence Important To Include Socio-Economic Offence  The Indian Penal Code, of 1860 did not fulfil the needs of society to the extent of the present changing society as it changes too fast in connection with socio-economic offences. In addition to this Indian  Penal Code is not particularly satisfactory in matters of socio-economic offences in regard to the circumstances these crimes are committed. we need to add socio-economic offences and laws about it for the betterment of society as per the changing needs of society.   How To Determine Socio-Economic Offences  Government Repose After seeing this alarming increase in socio-economic offences there is a need to curb this  problem, for the government of India took steps as follows:  The Santhanam Committee Report,1964  In 1962, Lal Bahadur Sastri appointed Santhanam to preside over the committee on anti-corruption. Because of its thorough investigative work and recommendations, the  Committee earned a reputation as Santhanam’s Committee on Anti-Corruption. In his ‘Code of Conduct for persons in power, authority or positions of trust in our country’, he explicitly included ministers and members of Parliament and state legislatures. There should be no use of position for personal or family advantage; no actions motivated by considerations of party, religion, caste, or community; no unofficial dealings with businessmen or hospitality or gifts accepted from them or other private persons. Wanchoo Committee Report, 1970  In 1970, the government appointed this committee to analyse serious problems like black marketing, international smuggling and hoarding along with their impact on society. This committee in its report gave many suggestions which were implemented in the form of new laws example: the Foreign Exchange and Prevention of Smuggling Act, of 1974.  Malimath Committee  In 2003 this committee was appointed which suggests government that we need to add social stigma along with increasing punishment in the Indian Penal Code.   29th Law Commission Report  This report rejected the recommendations of the Santhanam Committee after considering them. In the opinion of this commission, the Indian Penal Code does not satisfactorily deal with socio-economic offences due to its dominating characteristics which become a strong part of society day by day.  So in virtue of this government need to add a new separate chapter in the Indian Penal Code which deals with these type of offences.  47th Law Commission Report  This Commission Report plays a vital role in identifying the Socio-Economic Offences as this committee divides them into categories.   Different Category of Socio-Economic Offences  According to the Law Commission Report, this is divided into eight categories which are as follows:  i. Evasion and avoidance of lawfully imposed taxes which is dealt with by the Income Tax Act, of 1961.  ii. Offence calculated to prevent or obstruct the economic development of the country and endanger its economic health.  iii. Delivery by individuals and industrial and commercial undertakings of goods not in accordance with contract which results in breach of contracts.  iv. Adulteration of food products and drugs.  v. Profiteering, Black Marketing and Hoardings.  vi. Corruption by misuse…

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Criminal Law

Article 21 of Right to Life Under Indian Constitution

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Article 21 of indian constitution and human rights Article 21 of the Indian Constitution states that life is more than just the act of breathing. It does  not suggest constant labour or a life of bare survival. It addresses a far broader variety of  concerns, including the right to a reasonable quality of living, the right to a means of support, the  right to health, the right to clean air, etc. The right to life includes all those aspects of life that  give a man’s life meaning, joy, and value. It is necessary of our very being with out which we  cannot exist as humans. The right to life is a fundamental premise that derives the minimal  necessities, pre requisites, and core desires of a person.   Article 21 Provides Two Rights: RIght To live according to mentioned  One of the most important rights that its Constitution protect is the fundamental right stated in  Article 21.  This right has been referred to as the “heart of fundamental rights” by the Supreme Court of  India.  The right says clearly that no one can be deprived of its life or free except in accordance with the  legal process. This suggests that this right is solely applicable against the State. State in this  context refers to not only the government but also government agencies, local groups,  legislatures, etc.  Any shy citizen infringing on another person’s rights does not amount to a violation of Article  21. The victim’s remedy in this situation would be provided under Article 226 either by general  law..  The right to life includes far more than the capacity to survive. It also must include the ability to  live a full life with dignity and commitment.  Article 21’s main objective is to ensure that the State only violates a person’s right to life or  liberty in accordance with the established legal process.  Case laws based on article 21:-   The Hon’ble Supreme Court of India held in Kharak Singh v. State of Uttar Pradesh that “life”  refers to more than just animal existence. The prohibition against its loss pertains to all the limbs  and faculties that are used to enjoy life. The prohibition prohibits the mutilation of the body  through the deletion of an eye, an armoured leg, or any other organ through which the soul  connects to the wider world. Euthanasia in india  Passive euthanasia has been made legal in India.  The SC legalised passive euthanasia in 2018 by allowing individuals in a permanent vegetative  condition to have life support removed.  This choice was taken as a result of the judgement in the well-known case concerning Aruna  Shanbaug, who passed away in 2015 after more than 40 years of being in a vegetative status.The  court rejected active euthanasia by means of lethal injection. Active euthanasia is illegal in India.  Due to the absence of euthanasia legislation in the nation, the court ruled that its ruling would  take precedence until the Indian government introduced appropriate legislation.  A tight set of rules govern the validity of passive euthanasia.  Patients must be in a vegetative state or have a fatal disease in order to consent to this therapy  through a live will.  In a living will, a person specifies what medical procedures should be executed in the event that  they become ill or be incapable of making decisions for themselves.  The doctor will construct a hospital medical board after informing the patient and/or his relatives  when the executor (of the living will) gets a terminal illness with no prospects for recovery.  4 Important Factor For Right to Life and Suicide  4. a) No one has total autonomy over his or her life. He or she has a responsibility to their family. A  person’s suicide can frequently leave a family penniless.  4. b) Decriminalizing aiding in suicide may follow the decriminalisation of suicide. The argument against  it is that suicide alone can be decriminalised if the requisite legislation or legal guidelines are in place  to include aiding in suicide.  Arguments in favour of decriminalising suicide:  Conclusions :  The Indian constitution’s framers crafted this Article in a way that neither makes any provision  obligatory nor exempts any person from the fundamental obligations that all of the nation’s  citizens are required to uphold. No rights or obligations will be omitted because this article has observed the socio-economic  structures of the countries so closely. Maybe the most distinctive aspect of our constitution that  sets it apart from those of other countries is this.

Indian Constitution

An introduction to Transfer of Property Act, 1882

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An introduction to Transfer of Property Act, 1882 OverviewThe Transfer of Property Act is a law in India which regulates and provides framework or methods of transfer of property mainly immovable property such as land, houses etc. It lays down the basic rules and fundamentals of transfer of property and the modes of transfer including sale, mortgage, lease, gift, and exchange etc. Its main object is to simplify transfer of property i.e… “conveyance of property from one person to another.” 1. When act Enacted: The Act was enacted on 17th Feb, 1882 and came into force on 1st July, 1882. The Act consists of eight chapters and 137 sections. 2. Meaning of Act: Transfer of property is defined under Section 5 of the Transfer of Property Act, 1882. Section 5 defines the expression “transfer of property” as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons. It also defines the expression “to transfer property” as meaning to perform such act. The section further clarifies that ‘living person’ includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals. This clarification was inserted in 1929. 3. Various modes of transfer of property: A. By act of parties (TPA applies only on transfer by act of parties i.e., transfer between two living persons) this includes:i. Saleii. Leaseiii. Mortgageiv. Exchangev. Giftvi. Actionable claim B. By operation of law, property here transferred automatically by the process of law (TPA does not apply in this kind of transfer except sec. 57 and chapter 4): i. Transfers by orders of courtii. Transfer in case of insolvency, forfeiture, sale in execution of court’s decreeiii. Inheritance, will 4. Preamble: Whereas it is expedient to define and amend certain parts of the law relating to the Transfer of Property by act of parties (transfer between living persons); it is hereby enacted as follows… Thus it is clear from the preamble that TPA applies only on transfer of property by act of parties and not by operation of law and it is not exhaustive. Note in preamble expression used ‘define and amend’ and not to consolidate. It means it does not contain complete law for all kinds of transfers in India. 5. Transfer of Property Act & Indian Contract Act: The Act has modified and make changes in some of the rules which existed before its enactment. It is not a complete code for all kind of transfers in India. It completes Indian Contract Act, 1872, as it is also evident from Section 4 of the TPA. Between 1872 and 1882 the transfer of property under contracts was regulated by English law and principles of justice, equity and good conscience. 6. Movable or immovable properties: It mainly deals in transfers of immovable properties. Transfer of movable properties are regulated by the Sales of Goods Act, 1930. However, secs. 5-37 applies to both movables and immovables. While 38-53A applies only on immovable properties. Further in some specific transfers are concerned, the definitions of gifts and exchange in the Act are not limited to immovable properties; they include the gift and exchange also of movables. 7. Muslim law: As per sec. 2 provisions of chapter 2nd of this act do not affect any inconsistent rule of Muslim personal law. And gifts made by Muslims are governed by the Muslim law of Hiba section 129 of the Transfer of Property Act specifically provides that the provisions of chapter 7th which is on gift would not be made applicable to gift made by Muslims. 8. Prospective or retrospective: The act is not retrospective therefore the rights or liabilities with respect to any property which existed before the commencement of this act shall remain unaffected there is a general rule that unless a contrary intention is expressly indicated a new enactment is not retrospectively applicable glossy of section to lays down the general rule with regard to the provision of Transfer of Property Act. [Sec. 2(c)]In a recent development Supreme Court has reiterated that the lease/tenancy matters which are not governed under the special statutes but under the Transfer of Property Act are arbitrable. (Suresh Shah vs. Hipad Technology India Private Limited, SC 2020)

Property ACT