theoryofabrogation

Month: August 2023

Mental Health

There is a good possibility that someone who is emotionally well will also be physically healthy. Just like with physical health, mental health needs to be taken care of. Mental health includes both mental sickness and mental well-being. It has an equal impact on all age groups — old, young, and children—as well as all socioeconomic statuses—low and high—in the areas of education, the economy, and society. Introduction of Mental Health Additionally, it causes serious illnesses like OCD, PTSD, disorders that result in mental illness, schizophrenia, psychological problems, and internal trauma. Major mood swings, loneliness, mugging up, insomnia, either sleeping a lot or having disturbed sleep cycles, changes in behaviour patterns, body aches, distance from family and friends and people they are close to, or thinking too much in which thoughts are leading to self-harm or suicidal thoughts are some of the symptoms we should look out for when they occur. Notable features People who experience these symptoms ought to treat themselves with kindness, respect, and value. Without considering the opinions of others, they should pursue their interests in dancing, singing, writing, travelling, gardening, and learning new things. Many individuals prevent themselves from engaging in their passions, which contributes to mental illness. They should surround themselves with people who are beneficial to their mental health and avoid toxic and negative people. They should avoid doing things they don’t want to do and focus on doing things that make them happy. Both medication and meditation should be used to promote mindfulness, well-being, and a quiet mind. Mental health laws are as vital as other laws; in fact, these laws are incredibly significant and play a massive influence on people’s lives. This also signifies societal obligation and welfare. Many human rights Organisations advocate for the protection of people suffering from mental illnesses. According to Article 1 of the Universal Declaration of Human Rights, which states that “all people are free and equal in rights and dignity,” “people with mental disabilities are protected by human rights law by virtue of their basic humanity.” Laws relating In India, there exist laws governing mental health Programmes, such as the establishment of a Central or State Mental Health Authority to regulate and supervise psychiatric hospitals or nursing homes and to advise the Central or State Governments on Mental Health Topics. The Mental Health Act, 1987; the Protection of Human Rights Act, 1993; the Persons with Disability Act, 1995; the National Trust Act, 1999; the Protection of Women from Domestic Violence Act, 2005; and the Protection of Children from Sexual Offences Act, 2012. Conclusion A person can be cured of mental disease and live happily and quietly in society with the assistance of them all; treatment, medications, meditation, supporting laws, and personal analysis of ailment, spirit to fight with it and win it. One must be aware that a good mind leads to a good life, and this includes excellent mental health. Written by Purnima Sharma

Legal

Stage of crime under ipc 1860

ABSTRACT The Indian Penal Code is one of the most unique penal law codes entailing several crime, their scope, nature, and punishments. It is best-taken care of in the hands of the judiciary, law practitioners, students, and varied law learners. The Indian Penal Code indirectly owes its origin to jeremy bentham, who is a well-known jurist on the subject of law reforms. The Indian Penal Code was drafted by Macaulay. The Code was primarily aimed at bringing to an end the multiplicity of criminal law jurisdictions that prevailed in India at that time and introducing a  uniform law of crimes. The most striking feature of the IPC [1]  is that it continues to survive as the substantive law of the land for more than one and a half centuries despite the tremendous changes the Indian society has undergone over the years, leading toward a progressive social order. The criminal law as enshrined in the Penal Code seeks to safeguard the socio-moral principles of society and protect society’s historical roots based on values on values while leading it towards development and modernization. INTRODUCTION research of the law of crimes has always been one of the most attractive branches of jurisprudence since the early year of human civilization. The law of crime has been as old as civilization itself. In every organized society, certain acts are forbidden on the pain of punishment. Where one person injured another and the injury could adequately be compensated by money value, the wrong-doer was required to pay damages or compensation to the wrong individual. More than any other branch of law, criminal law is the mirror of public opinion. As we already know law reflects the public opinion of the time. More than any other branch of law, criminal law is the mirror of public opinion. To know the nature and the content of crime we must first of all know what is law because the questions of crime and law are so closely related to each other that it is very difficult to understand one without knowing the other. CRIME→ WRONGS → These are against norms. Definition of crime[2]: As per section.40 of IPC any act or omission made punishable by IPC is an offence. Acc. to Blackstone: An act committed or omitted in violation of a public law either forbidding or commanding it. Acc. to Russel: “Crime is the result of human conduct, which the state seeks to prevent”. >> A crime is an unlawful act punished by the state or any lawful authority. A crime or an offense is an act that is harmful not only to the person but also to the community, society, or state. Nature of Crime ➢ Public wrong – Dynamic nature ➢ Punishment is the remedy -because crimes such as rape, murder, kidnapping can not be Compensated. What is the stage of crime under the Indan Penal Code,1860? (1)Intention: derived from the famous (actus non-facit reum nisi rea). The intention is the first & Initial stage. This stage has not been penalized under the IPC. Ex: Kenny illustrates him with a very good example.’ A person picks up an umbrella to steal that umbrella from a club stand. But when he comes home and sees it the umbrella turns out to be his own’. In such a situation, criminal liability cannot be imposed on that person, although he intended to steal the umbrella. (2)Preparation: It is at this stage that the person prepares or does acts that will help him in committing the criminal act. therefore this stage is not punishable. Ex: ‘A’ thinks of killing a person, he buys a pistol, buys a railway ticket to go to the place where the murder is to be done. Since he did not cross the preparation stage to do all this, he will not be considered a criminal. (3)Attempt: An attempt is a direct movement towards an offense after the preparation has been made. Punishable under IPC under certain circumstances:- Section.307, S.309, S.398, S.308, S.393, S.511 (4)Commision: It is the last stage of the commission of a crime. This is the stage where the offender has crossed all the three initial stage. At this stage, the person completes the ACTUS REUS. The act would also include omission. If the accused become successful in his attempt to commit the crime, he will be guilty of the complete offense. BACKGROUND OF IPC,1860 Written by: ‘Thomas Babington Macaulay ’. Extent : Whole of India ( the word Jammu & Kashmir was omitted from 31st oct 2019) Enacted : 6th oct 1860 Commencement: 1st jan 1862 Total chapters: 23 Total sections: 511 Shortest chapter : chap no.23(1 sections) Longest chapter: chap no.17 (84 sections) Crime is a concurrent subject so both the centre and state can amend IPC.[3] HIGHEST CRIME RATE IN INDIA According to data from the NCRB of India, some of the states with the highest crime rates in India include Maharashtra, Gujrat, Tamil Nadu, and Madhya Pradesh. These states generally have large populations and high levels of urbanization, which can contribute to higher crime rates. According to the NCRB[4] report for 2019, the state with the highest crime rate in India was Assam, with a crime rate of 632.6 per 100,000 population. It was followed by Kerala (455.8)and Odisha (399.1). In terms of the number of crimes, Uttar Pradesh reported the highest number of crimes in 2019 with 3,42,954 cases, followed by Maharashtra(2,61,714 cases) and Kerala (1,41,375 cases).[5] TYPES OF CRIME Crimes against women Sexual assault against women in India is more and more. According to the NCRB, as of 2018, the majority of crimes against women were registered under ‘Cruelty by husband or his relatives followed by ‘Assault on women with intent to outrage her modesty’, ’Kidnapping & Abduction of women, and ‘Rape’. The crime rate per lakh women population was 58.8 in 2018, as compared to 57.9 in 2017.[6] RAPE: disturbing incidents of rape on senior citizens and infants are more and more. The incidence of rape…

Criminal Law

July Month Magazine Current Affairs 2023 Presented by TOA

The month of July 2023 developed as a gripping chapter in the worldwide storyline in the fast-paced world of current affairs. With a wide range of noteworthy occurrences in the fields of politics, technology, the environment, and more, this month offered a fascinating tapestry of innovations that kept the globe interested and informed. We set out on a mission to discover the crucial events that shaped July 2023 on a worldwide scale as we go deeper into this magazine. This magazine seeks to present a thorough overview of the multidimensional landscape that moulded our perspective of the globe during this active month, from diplomatic discussions to technical marvels, from environmental worries to medical advancements.  

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