Category: Criminal Law

Crime: Meaning, Definition, and Essential Elements under Indian Law

October 13, 2025October 13, 2025 toahostinger No Comments

Crime: Meaning, Definition, and Essential Elements under Indian Law* Introduction The concept of crime lies at the very foundation of criminal law. In simple terms, crime is any act or omission that is forbidden by law and punishable by the authority of the State. It represents behavior that not only violates the law but also threatens the moral and social order of society. Though the idea of crime is universal, its definition and interpretation vary from country to country depending upon their legal systems and moral values. What may be considered a crime in one nation might not be in another. Hence, defining “crime” with complete precision is a challenging task. Definition of Crime Sir William Russell once remarked that no one has satisfactorily defined crime. Yet, jurists have attempted to describe it in various ways. • According to Stephen: “Crime is an act forbidden by law and which is at the same time revolting to the moral sentiments of society.” • According to Miller: “Crime is the commission or omission of an act which the law forbids or commands under pain of a punishment to be imposed by the State in its own name.” Each jurist defines crime differently, based on their perspectives and the social context of their time. The essence, however, remains the same — a crime is a wrongful act or omission punishable under the law. Essential Elements of Crime For an act to be called a crime, certain essential elements must coexist. These elements are: 1. Human Being 2. Mens Rea (Guilty Mind) 3. Actus Reus (Guilty Act) 4. Injury to a Human Being 1. Human Being The first essential element of a crime is that it must be committed by a human being. To be criminally liable, a person must be capable of understanding their legal obligations and must be within the scope of the law. Under the Bharatiya Nyaya Sanhita (BNS), 2023, • Section 2(19) and 2(35) state that ‘man’ and ‘woman’ include persons of any age. • However, Section 20 of BNS provides that a child below 7 years of age cannot commit a crime, as they lack criminal intent (doli incapax). Animals, though punished in ancient times, are no longer treated as offenders. Instead, their owners are held liable for their actions. Further, Section 2(26) of BNS defines ‘person’ to include a company, an association, or a body of persons, whether incorporated or not — recognizing both natural and artificial persons. Example: • A kills B → Crime • A steals C’s property → Crime 2. Mens Rea (Guilty Mind) The second essential element is Mens Rea, which means a guilty mind or criminal intent. It is a fundamental principle of criminal law that no act is a crime unless it is done with a guilty intention. Legal Maxim: Actus non facit reum nisi mens sit rea (An act does not make a man guilty unless his mind is also guilty). The presence of Mens Rea determines whether the act was intentional, reckless, or merely accidental. Without criminal intention, liability is generally not imposed — unless the statute specifically excludes the need for mens rea. Judicial Interpretations: 1. Sherraz v. De Rutzen (1895) 1 QB 918 • Wright J. held that mens rea is to be presumed in every statute unless the contrary is clearly expressed. 2. Hobbs v. Winchester Corporation (1910) 2 KB 471 • Justice Kennedy opined that the requirement of mens rea depends upon the wording and intent of the statute. 3. R v. Prince (1875) L.R. 2 C.C.R. 154 • The accused took a girl below 16, believing she was 18. The Court held him guilty, ruling that ignorance of fact was no defense. 4. Queen v. Tolson (1889) 23 QBD 168 • Recognized that a reasonable mistake of fact may negate mens rea. 5. State of Maharashtra v. M.H. George (1965) • A German smuggler brought gold into India, unaware of a Reserve Bank notification prohibiting it. The Supreme Court held that mens rea was not required for this offense, establishing that ignorance of law is no excuse. 6. Nathu Lal v. State of M.P. (AIR 1966 SC 43) • The Court ruled that mens rea is an essential element of a criminal offence, unless expressly excluded by statute. Mens Rea in Indian Law Indian law is codified, and the elements of offences are specifically defined in statutes. The presence of mens rea is reflected through words like: • Intentionally, voluntarily, dishonestly, fraudulently, corruptly, negligently, rashly, etc. In Prabhat Kumar Singh v. State of Bihar (2021), the Court discussed the application of mens rea in cybercrime cases, emphasizing that criminal intent is crucial even in digital offences. 3. Actus Reus (Guilty Act) Maxim: Actus reus non facit reum nisi mens sit rea (An act is not guilty unless the mind is guilty). Actus Reus refers to the physical act or omission that constitutes the external component of a crime. It may include: • A positive act (commission), or • A failure to act when there is a legal duty to do so (omission). Examples: • A thinks of killing B — not a crime (mere intention). • A hits B with a rod intending to kill him — crime (commission). • A watches his child drown and does nothing — crime (omission). Thus, actus reus must be accompanied by mens rea to constitute a punishable offence. 4. Injury to a Human Being The final element of crime is injury caused to another person or to society at large. Without harm or injury, there is generally no crime — except where the law penalizes the act itself. Under Section 2(14) of the Bharatiya Nyaya Sanhita (BNS): “Injury denotes any harm whatever illegally caused to any person in body, mind, reputation, or property.” Example: Driving without a valid license is a crime, even if it does not cause actual harm — because it endangers public safety and violates statutory law. Conclusion In conclusion, crime is not merely…

Criminal Law, Indian Penal Code, Interview, judiciary, Law, Legal

Doctrine of Common Intention and Joint Liability under Bharatiya Nyaya Sanhita, 2023

October 11, 2025October 13, 2025 toahostinger No Comments

Doctrine of Common Intention and Joint Liability under Bharatiya Nyaya Sanhita, 2023 Introduction The Doctrine of Common Intention is one of the most significant principles in criminal law, now incorporated under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) — replacing Section 34 of the Indian Penal Code (IPC). This doctrine establishes joint or constructive liability, meaning that when a criminal act is done by several persons in furtherance of a shared plan, each of them is equally responsible as if the act was done by him alone. Text of Section 3(5) BNS “When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.” Essential Ingredients of Section 3(5) 1. Commission of a Criminal Act: There must be an offence actually committed. 2. Participation of Two or More Persons: Common intention cannot exist in one person. 3. Existence of Common Intention: There must be a prior meeting of minds or a pre-arranged plan. 4. Act Done in Furtherance of That Intention: Every act must contribute to the shared design. When these elements exist, each person becomes jointly liable, irrespective of the extent of their participation. Meaning of Common Intention “Common intention” implies a pre-concert, unity of purpose, and a shared mental state among two or more individuals to commit a criminal act. It may be formed before the incident or may develop on the spot, depending upon the facts and circumstances of each case. In Rishi Deo Pandey v. State of U.P., AIR 1955 SC 331, the Court held that common intention can develop suddenly, even during the occurrence. Important Case Laws Explaining the Doctrine 1.Barendra Kumar Ghosh v. King Emperor (AIR 1925 PC 1) • The accused stood outside while others shot the Postmaster during a robbery. • Held: He was equally liable though he did not fire the shot. “Even if he stood outside the door, in crimes as in other things, they also serve who only stand and wait.” Principle: Mere presence with shared intent is sufficient for liability. 2. Mehboob Shah v. Emperor (AIR 1945 PC 118) • The Privy Council clarified that common intention should not be confused with similar intention. Principle: There must be a pre-arranged plan and concerted action; merely having the same intention is not enough. 3. Inder Singh (AIR 1933 Lah 819) • Four accused went to commit robbery; one stayed to bring the owner while another shot his son. Held: The one who was away was still guilty of murder since he was part of the joint criminal plan. 4. Kripal Singh v. State of U.P. (AIR 1954 SC 706) • A fight broke out; one suddenly stabbed the victim. Held: Common intention to kill was not pre-planned and did not develop at the spur of the moment. Principle: Sudden acts without pre-concert do not attract Section 3(5). 5. Jai Bhagwat v. State of Haryana (1999 Cr LJ 1634 SC) Two elements necessary: (a) Common intention, and (b) Participation in the commission of the offence. 6. Chhotu v. State of Maharashtra (AIR 1997 SC 3501) • One accused merely stood with a knife in his hand while others assaulted the victim. Held: Mere presence or passive conduct without proof of shared intention is insufficient for conviction. 7. Goudappa v. State of Karnataka (AIR 2013 SC 1595) • All accused entered the house, restrained the deceased, and one stabbed him fatally. Held: The nature of weapon, injury, and conduct proved a common intention to murder; all were convicted under Sections 143, 148, and 302 read with 34 IPC. Connected Provisions under BNS Section 35 – Common Knowledge or Intention When an act becomes criminal because of the knowledge or intention with which it is done, each participant who joins with such intention or knowledge is equally liable. Example: If A intends to kill and B only intends to hurt, A is guilty of murder while B is guilty of grievous hurt. Section 37 – Cooperation in a Criminal Act “Whoever intentionally cooperates in the commission of an offence by doing any one of the several acts commits that offence.” Illustration: A and B administer poison separately in small doses that collectively kill Z. Both are guilty of murder, though each dose alone was insufficient. Section 38 – Persons Guilty of Different Offences When several persons are engaged in one criminal act, each may be guilty of a different offence based on their intention and knowledge. Illustration: A acts under grave provocation (culpable homicide), while B acts with intent to kill (murder). Both are engaged in causing death but are guilty of different offences. Section 190 BNS (Old Sec. 149 IPC) – Common Object While Section 3(5) deals with common intention (pre-planned design), Section 190 deals with common object of an unlawful assembly, where liability arises by virtue of membership in that group. Judicial Summary Case Principle Legal Outcome Barendra Kumar Ghosh Even passive participants liable Equal liability Mehboob Shah Common ≠ Similar Intention Pre-concert required Inder Singh Absent participant still liable Shared purpose suffices Kripal Singh …

Criminal Law, Indian Penal Code, Interview, judiciary, LANDMARKS, Law

IPC 1860 VS BNS 2023:A COMPLETE COMPARISON AND EVOLUTION OF INDIAN’S CRIMINAL LAW

October 9, 2025 toahostinger No Comments

Indian Penal Code (1860) vs Bharatiya Nyaya Sanhita (2023): A Complete Comparison and Evolution of India’s Criminal Law Introduction The Indian Penal Code (IPC), 1860 was India’s principal criminal code for over 160 years. It defined crimes and prescribed punishments for a wide range of offences, forming the backbone of India’s substantive criminal law. In 2023, the Government of India introduced the Bharatiya Nyaya Sanhita (BNS) to replace the IPC and modernize the criminal justice system in line with contemporary needs. The BNS came into force on 1 July 2024, marking a historic shift in Indian criminal law. Understanding Substantive and Procedural Laws Laws in India are broadly divided into two categories: 1. Substantive Laws Substantive laws define rights, duties, wrongs, and corresponding punishments. They form the foundation of justice by specifying what constitutes an offence and what punishment it attracts. Examples of substantive laws include: • Indian Penal Code (now Bharatiya Nyaya Sanhita, 2023) – defines offences like theft, assault, and murder. • Indian Contract Act, 1872 – governs agreements and obligations. • Transfer of Property Act, 1882 – regulates property transactions. • Specific Relief Act, 1963 – provides remedies such as injunctions and specific performance. 2. Procedural Laws Procedural laws lay down the methods and mechanisms for enforcing substantive rights and punishments. They ensure fairness and due process in judicial proceedings. Examples include: • Code of Civil Procedure (CPC), 1908 • Code of Criminal Procedure (now Bharatiya Nagrik Suraksha Sanhita, BNSS, 2023) In essence, substantive laws define rights, while procedural laws protect and enforce them. Criminal Law Before the British Period Before British rule, India’s criminal system was heavily influenced by Islamic law, especially during the medieval period (1192–1700 CE). Islamic criminal law emphasized justice, equality, peace, and humanism, as derived from the Holy Quran. Key categories under Islamic law were: 1. Hudood – Crimes against God (e.g., theft, zina, highway robbery). 2. Qisas – Retaliation or equal retribution. 3. Tazir – Discretionary punishment determined by the court. Hindus, on the other hand, followed their own personal laws in matters of marriage, inheritance, and family disputes, while trade and contracts applied equally to all communities. Evolution and Survival of the Indian Penal Code (1860) . Drafting and Enactment The Indian Penal Code was drafted based on the recommendations of the First Law Commission of India (1834), chaired by Lord Thomas Babington Macaulay. • Draft submitted: 1837 • Final revision: 1850 • Enacted: 6 October 1860 • Came into force: 1 January 1862 The IPC was initially applied to all British Presidencies, excluding princely states which had their own laws. Longevity and Influence The IPC survived for over 150 years, remaining one of the most enduring pieces of legislation. It inspired criminal codes in several Commonwealth nations and was amended more than 78 times before being replaced by the Bharatiya Nyaya Sanhita (BNS) in 2024. Objective of IPC The preamble stated: “Whereas it is expedient to provide a general penal code for India…” The aim was to create a comprehensive and uniform penal code. However, IPC did not repeal all previous penal laws; some offences were left out and governed by separate statutes. Structure of IPC • Chapters: 23 • Sections: 511 • Repealed on: 1 July 2024 The Ranbir Penal Code (1932) In the erstwhile state of Jammu and Kashmir, the Ranbir Penal Code (RPC), enacted during Maharaja Ranbir Singh’s reign, was in force from 1932 until 5 August 2019. It was replaced by the IPC after the Jammu and Kashmir Reorganisation Act, 2019. The Bharatiya Nyaya Sanhita (BNS), 2023 Overview The Bharatiya Nyaya Sanhita, 2023 (BNS) is the modern criminal code replacing the Indian Penal Code. It was passed by Parliament in December 2023 and came into effect on 1 July 2024. Legislative Timeline: • Introduced: 12 December 2023 • Passed by Lok Sabha: 20 December 2023 • Passed by Rajya Sabha: 21 December 2023 • President’s Assent: 25 December 2023 • Enforced: 1 July 2024 Structural Change Particulars Indian Penal Code (1860) Bharatiya Nyaya Sanhita (2023) Chapters 23 20 Sections 511 358 Language Colonial English Simplified, Modern, Gender-Neutral . Key Changes and Features of the Bharatiya Nyaya Sanhita (BNS) 1. New Offences Added • 20 new offences have been introduced. • 19 outdated provisions from the IPC have been removed. 2. Punishment Enhancements • Stricter punishments for 33 offences. • Higher fines in 83 offences. • Mandatory minimum punishments introduced for 23 offences. 3. Gender-Neutral Language BNS uses inclusive terms — applying certain offences like assault, voyeurism, and child trafficking to all genders, including transgender individuals. 4. Modern Definitions • Child: Person below 18 years. • Document: Includes electronic and digital records. • Gender: Includes transgender persons. • Movable Property: Excludes land and attached items. 5. Community Service Introduced as a punishment option for petty offences, promoting restorative justice. 6. Simplified Structure The BNS consolidates offences like robbery, dacoity, and forgery to reduce overlap and improve clarity. Objective and Significance of BNS 2023 The Bharatiya Nyaya Sanhita seeks to:…

Criminal Law, Indian Penal Code, judiciary, Law

July 23, 2025July 24, 2025 toahostinger No Comments

TOA Judiciary: Most Important Questions on BNSS (CrPC) – 2025 Edition Are you preparing for Judiciary Exams 2025? Then mastering the Bharatiya Nagarik Suraksha Sanhita (BNSS) — the new procedural law replacing CrPC — is non-negotiable. This article presents the most important and frequently asked questions for judicial services, structured section-wise for clarity and smart study. SECTION A: Historical Background & Key Definitions 1. What are some of the important changes that have been made in BNSS? 2. Write a brief history of criminal procedure in India. 3. Define the following terms as used in BNSS: (i) Complaint (ii) Inquiry (iii) Police Report (iv) Warrant case (v) Cognizable offence (vi) Judicial Proceeding (vii) Summons case (viii) Recording of evidence in the absence of accused (ix) Sessions Court (x) Public Prosecutor (xi) CJM (xii) Proclaimed offender (xiii) Bail (xiv) Bail bond (xv) Electronic communication (xvi) Sessions Judge (xvii) Provisions for speedy trial 4. Distinguish between: (i) Summons case and warrant case (ii) Compoundable and non-compoundable offences (iii) Discharge and acquittal SECTION B: Arrest, Detention & Police Powers 5. In what cases can a police officer arrest without a magistrate’s order or warrant? 6. What are the BNSS provisions regarding the search of an arrested person? Is it illegal if no grounds are given? 7. When can a private person arrest any other person? 8. Why can’t an arrested person resist medical examination under Section 51 BNSS? 9. What property may be seized by police without court order? What is the procedure afterward? 10. What is preventive arrest? When is it legal, and for how long can one be kept in custody SECTION C: Compelling Appearance of Accused/Witness 10. State the processes to compel appearance of the accused or witnesses. 11. How is summons served on a government servant? 12. Write a short note on coercive steps to ensure attendance of accused. 13. Procedure against absconding person when a warrant is issued. 14. Write a note on Proclaimed Offender. 15. What is the next step if a warrant is not executed? 16. When can a warrant be issued instead of summons? 17. Can an accused be directed to produce a document? Under which law? 18. Who can order restoration of abducted/unlawfully detained woman or female child under 18? 19. Write a note on search warrant and production warrant. SECTION D: Security for Peace & Good Behaviour 20.When can a show cause notice under section 129 BNSS be issued? what is the procedure? 21.Who can require a person to execute bond under Section 126 BNSS? 22.Describe the procedure for taking security for good behaviour and peace. 24.When can a court order security for peace after conviction? SECTION E: Maintenance 24. What are CrPC provisions regarding wife’s maintenance? Can the amount be changed? 25. When can Magistrate cancel a maintenance order? 26. When is wife not entitled to maintenance? 27. Can an illegitimate son be ordered to maintain his father? 28. Can a second wife, deceived into marriage, claim maintenance? What offence is committed? 29. Can a divorced wife claim maintenance? What is the maximum? 30. When can Magistrate set aside an ex parte order under Section 145 BNSS? 31. Maintenance claim by woman with disputed marital status and child (F v. M). 32. Write a short note on interim maintenance. SECTION F: Executive Magistrate Powers 33. Conditional order for removal of nuisance (Section 152 BNSS). 34. Duration of order under Section 163 BNSS. 35. What issue can an Executive Magistrate decide under Section 164 BNSS? SECTION G: FIR, Investigation & Evidence 37. Can FIR under Section 173 BNSS be used as substantive evidence? 38. Difference between Sections 156 and 200 CrPC. 39. Can a person being examined by police refuse to answer questions? 40. Who can record confession under Section 183 BNSS? 41.Can police remand be granted without producing accused? 42. Scope and limitation of case diary under Section 192 BNSS. 43. Notes on statements under Sections 180 and 183 BNSS. 44. What can a Magistrate do when a closure report is filed? 45. Law of remand under Section 187 BNSS. 46. What is FIR? What is its evidentiary value? 47. Can FIR be refused due to lack of territorial jurisdiction? 48. Procedure when investigation cannot be completed in 24 hours. 49. Place of trial in criminal cases — example of kidnapping at Delhi and concealment at Simla 50. Rule under Section 177 CrPC — trial in court with local jurisdiction. SECTION H: Cognizance, Complaints & Inquiry 51. What is cognizance? How is it taken by Magistrate? 52. When can Magistrate or Sessions Judge take cognizance? 53. Is sanction under Section 197 CrPC required for offences by public servant? 54. Notes on complaint proceeding. 55. Meaning and process of taking cognizance. 56. Complaint vs challan case — which one to proceed with? 57. What is a petty offence under Section 206(2)? 58. Scope of inquiry under Section 202 CrPC. 59. Can protest petition be entertained after closure report is accepted? 60. Procedure in complaint cases. SECTION I: Charges & Joinder of Offences 61. Law relating to misjoinder of charges. 62. What is a charge? What are its essentials? 63. Is a defective charge fatal to conviction? 64. One charge for each offence —exceptions to this rule. 65. Can a person be tried at one trial for different offences in the same transaction? 66. At what stage can a court alter a charge? 67. Frame a charge under Section 326/149 IPC and Section 307 IPC. 68. Can case be reopened if victim dies after conviction for grievous hurt? SECTION J: Trial Procedure 69. Grounds for discharge by Sessions Court. 70. Is detailed speaking order required before framing charge? 71. Procedure in warrant trial. 72. Ways to speed up warrant case trials. 73. Procedure in warrant case upon police report. 74. Procedure in warrant case instituted on police report. 75. What is a summons case? Procedure for trial. 76. Effect of complainant’s death or absence in summons case. 77. Who…

Sec. 187 BNSS (corresponds to sec. 167 CrPC) Procedure when investigation cannot be completed in twenty-four hours.

January 29, 2025January 29, 2025 toahostinger No Comments

Section 187 of BNSS (corresponds to sec. 167 CrPC) deals with the procedure to be followed when the investigation of a case cannot be completed within 24 hours (the time limit prescribed by Section 58 (57 CrPC) for producing an arrested person before a Magistrate). Sec. 187. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction. (3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding— (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more; (i) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter: (4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means. (5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail. Explanation II.—If any question arises whether an accused person was produced before the Magistrate as required under sub-section (4), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the audio-video electronic means, as the case may be: Provided that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution: Provided further that no person shall be detained otherwise than in police station under police custody or in prison under judicial custody or a place declared as prison by the Central Government or the State Government. (6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he máy think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in sub-section (3): Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be. (7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing. (8) Any Magistrate other than the Chief Judicial Magistrate making…

Criminal Law, Law

The Empress vs Gonesh Dooley And Gopi Dooley 1879 Cal

August 25, 2024August 25, 2024 toahostinger No Comments

The Empress vs Gonesh Dooley And Gopi Dooley 1879 Cal (Snake Charmer’s Case) JUDGMENT by McDonell, J. Case Facts: Gonesh Dooley was accused of causing the death of a boy by placing a snake on him by exhibiting in public a venomous snake, whose fangs he knew had not been extracted, and to show his own skill, but without any intention to cause harm to anyone, placed the snake on the head of one of the spectators. The spectator in trying to push off the snake was bitten, and died in consequence. Issues Involved Prosecution’s Argument: The prosecution argued that Gonesh intentionally caused the boy’s death by placing the snake on him, knowing it was dangerous. They also argued that Gopi abetted Gonesh by encouraging or assisting him in the act. Defense’s Argument: The defense argued that Gonesh did not have the intention to kill the boy. They claimed it was a reckless act without the knowledge that it would result in death. They also argued that Gopi did not actively participate in the act and should not be held responsible. Court’s Reasoning: Courts Analysis: The court found that Gonesh did not intentionally cause the boy’s death. It was determined that he did not know the act was “so imminently dangerous that it must, in all probability, cause death” (the last clause of murder) Comparison with Previous Case: The court compared this case with another case The Queen v. Poonai Fattemah 1869, where the accused had intentionally caused a snake to bite the victim. The court noted that in Gonesh’s case, there was no such clear intention or knowledge of imminent danger. Without intention but knowledge: Court observed that in this case “that Gonesh did not think that the snake would bite the boy. But we think that the act was done with the knowledge that it was likely to cause death, but without the intention of causing death.” Conclusion: Sentencing: The court found that Gonesh did not have the intention to cause death but acted with the knowledge that his actions were likely to cause death. Therefore, he was sentenced under Section 304 Part II. Gonesh Dooley was sentenced to three years of rigorous imprisonment. Gopi Dooley, who abetted Gonesh, was sentenced to one year of rigorous imprisonment under Sections 114 and 304 of the IPC.

Criminal Law, Indian Penal Code, judiciary, Law

Police Brutality

November 11, 2023 toahostinger No Comments

Police Brutality This article tries to highlight police brutality, which is when the police use excessive force because police brutality seriously violates human rights. It can be said that society is impacted by the police’s harshness, cruelty, and ruthlessness towards helpless and vulnerable people. The state’s most powerful and in charge branch of government is the police. They are employed to help those in need, settle disagreements and disputes, assist the weaker groups, offer security and recourse, and uphold law and order in the community, but officers abuse their authority. The history of Indian police will be discussed in this article, including how it first developed and its current structure. Further articles describe an analysis of police behavior in which ways police misuse their power or which type of excessive or physical force is used by the policeman. The article also focuses on police brutality laws, controls, and police complaint procedures. Introduction The word police are derived from the Latin word “Politia”, which means state or administration. The Police Act, of 1861 defines the term police in section 1 as “police” includes all persons who shall be enrolled under the Act. The word brutality is derived from the French word “Brutal” which means severity, harshness, or fierceness. It is the psychological or physical intimidation of innocent people through a variety of tactics, such as unlawful detention, torture, abuse, physical assault, etc. The police’s roles and responsibilities include serving the community, reducing crime, upholding the rule of law, settling interpersonal issues, etc. When people disobey the law and order, the police may use excessive force to quell the violence, which is when police brutality happens. Sometimes it is based on racial discrimination means discrimination against any person based on caste, creed, region, religion, sex, etc. Police brutality can be mental, physical, verbal abuse racial profiling, and false imprisonment. There are so many nations with laws against police brutality. Although it is considered a serious infraction, there are still many instances where citizens’ or victims’ complaints never even get to the point of an investigation. Historical Background Of Police In India The pre-19th-century background of the police in India will be covered in this essay. The notion of a separate regular police force did not exist throughout the British era, and the relevant period was immediately following the creation of the rule. Warren Hastings initiated several laws for police reforms in 1774 during the Company’s authority, which subsequently culminated in the Police Act of 1861. The execution of the recently constituted Sindi territory was given to Sir Charles Napier. To capture this dangerous and crime-ridden area, he reorganized the local police apparatus, ensuring that it would provide the required outcomes and operate as intended. After independence, Sardar Vallabhbhai Patel, the first Union home minister, recognized the importance of civil services in India, and the Islington Commission Report first referred to it as the Indian Police Service in 1917. Numerous acts were passed after independence, including the CRPF Act, of 1949, The Kerala Police Act, of 1960, and The Mysore Police Act, of 1963, etc, were promulgated. In 1951 the All India Services Act was enacted constituting an All India Service known as the IAS and IPS. Read Also Freedom Of Speech Kinds Of Police Brutality Illegal Detention The term “illegal detention” describes constraints placed on a person by police officials acting within the scope of their legally recognized authority to administer the legal process but without any legally recognized justification, such as a valid arrest warrant, reasonable suspicion, or permission. It is also known as a false arrest or detention. Racial Discrimination Racial discrimination is when police officers treat poor people unfairly or illegally based on factors such as caste, creed, color, gender, sex, religion, age, region, etc. Police personnel reject complaints from people of lower castes. Sexual Harassment When police officers act improperly or abuse their authority by physically, verbally, or orally assaulting somebody, it is known as sexual harassment. It refers to any victim or prisoner being harassed illegally. For example, sexual assault during a late-night traffic stop, and coercive, rape by a corrections officer. Wrongful search and seizure In many common and civil law legal systems, wrongful search and seizure refers to the practice of police officers or other authorities and their agents searching a person’s property while under suspicion of committing a crime and seizing any evidence they find that is connected to the crime. Only a few nations’ constitutions include clauses guaranteeing people’s freedom from “wrongful or unreasonable searches and seizures.” The main premise of this right is that everyone has a legitimate right to privacy. Laws Related To Police Brutality The organization is recognized by the constitution as a quasi-federal body that is specified in Article 246 and listed in the State List of the Seventh Schedule and it is outside the scope of the state’s particular government’s authority to enact laws governing the police in that state. But policing directives are entirely federal. The Indian Police Act of 1861 governs the country’s police administration. This act has been passed by 28 Indian states and 8 union territories. After all, there are numerous contradictions or issues in the Indian police system. There Are Mainly Three Types Of Laws Under Which A Case Can Be Filed Against Police Brutality Public Law Criminal Law Private Law In this article, we will deal with two laws i.e., Public and Criminal law because most cases are filed under these two laws. Public law The Indian Constitution is where public law for police administration first appeared. In the third part of the constitution, which addresses violations of fundamental rights, the courts have consistently held the police force and the state accountable for excessive force under public law and assessed damages and punishment against both the state and police officers. Criminal law Under Sections 197 and 132 of the Criminal Procedure Code, police systems are liable to be protected from unjustified allegations. The Criminal Procedure Code, which was passed in 1973, provides procedural safeguards to police…

Death penalty abolition or retention

October 16, 2023 toahostinger No Comments

Death penalty abolition or retention For a long time death penalty has been a topic that is surrounded by controversy also the oldest form of punishment for every era death penalty is considered the most strict and the oldest ancient form of punishment. that have existed capital punishment or the death penalty has always been the most relevant and important topic of debate in India and it should be important to come to light in India this penalty is given in the rarest of rare cases whereas if we look at other countries like the UK. has abolished the death penalty last death penalty was practiced in 1964 in the UK it was not easy to abolish the death penalty in the UK but they finally managed to do that whereas in India last execution was performed in 2020 March in the Nirbhaya case. Introduction Society is made of two-component crime and criminals which has resulted in a disturbance in social peace and community is getting disturbed by the crime and criminals to deal with such issue government come with a punishment sentencing that should be in correspondence with the crime done by the individual means the nature of punishment should be equal to nature of the crime. In the case of Suraj Ram versus the state of Rajasthan, the supreme court held that the state should consider the rights of criminals while awarding sentences to be fair but the state should also consider we can to get justice further court elaborated that the purpose of sentences the criminal should never be and unpunished and Victim should never be unsatisfied. The most controversial punishment is the death penalty or capital punishment J.R.R. Tolkien said many that live deserve death and some that die deserve life. Background Death punishment is been practiced over the centuries in the 18th century BC King Hembury of Babylon performed capital punishment for 25 different crimes during the Mughal Era barbeque method also put offenders to death even the British use to used the hanging method to punish the offenders 14th century BC Kohli used this penalty in the 17th century this penalty was made for all kinds of crime by BC decorate Athens. Also, Captain George Candle in the Jameson colony of Virginia in 1608 was first executed for spying on Spain in 1612, the death penalty was given even for minor crimes. Retention versus abolition debate Many people believe that they do not believe in capital punishment as it takes the life of a person which cannot be taken by anyone except God some believe that the penalty is the only solution to teach a lesson to criminals who perform severe crimes there were so many aspects of both abolitions somewhere promoting the moral values and ethics in favor to abolish the capital punishment others were looking in the theory of deterrence to provide justice to society and victims by hanging. Theory of deterrence In the view of abolitionist abolished the person who commits a crime like murder or rape is not in his senses while performing such moment he remains in the inactive state of mind and he is not aware of what he is doing and what could be the consequences while performing such as he is lost in the wave of emotion, giving death penalty cannot do justice to him, moreover it can also not decrease the crime rate death penalty is an unnecessary act. whereas receptionists said that fear of death is a deterrent if a person is in fear of death then he will think twice before committing some serious or any kind of crime, the punishment provides justice to the victims and stops the crimes that could happen in the future. Crime rate Abolitionist argues that the penalty has no direct or indirect connection with crime rates this is just a custom or a procedure that is followed by the government it does not result in a decrease in the crime rate of the country this argument was taken from the study of theologist Stallin he in his study after collecting the data from the United State of America concluded that that penalty is just a custom it has no role in decreasing the crime rate. Retentionists have the opposite view According to them capital punishment or death brings fear in the mind of the person who is thinking of committing any kind of crime does it directly or indirectly reduce the crime rate Professor Isaac in his article pointed out some loopholes in the study of Stalin according to him the work of Stallin’ neither develop nor tell the full range of implication. Society’s rights Abolitionist stated that no one in the society has right to award death to any person the kind of punishment it can only be done through the act of God also Death punishment somewhere harm the human rights of the person whereas retentionist argued that since the right to death is only can be done through the God not through any person but to provide justice to the victims and the society accused must be punished in a fair way and with the fair punishment which is equal to his crime like murder rape terrorist attack cannot be tolerated and accused must be punished to death. Retention in India Dead penalty in India has been practiced for a very long time from the Mughal Era to British rule used to punish with capital punishment British applied the death penalty under the Indian Penal Code 1860 in 1931 on 27 January question of the abolition of capital punishment was raised by the Mr. Gaya Prasad Singh however this motion was rejected later Mr. Mukund Lal Agarwal introduced a bill of the abolition of capital punishment on August 23, 1956, in the first Lok Sabha of the republic of India it was later rejected but the discussion continued and topic of cropping down this punishment continued later in 1962 a resolution was passed…

Criminal Law, Indian Constitution, Indian Penal Code, Law

Child Labour

October 13, 2023 toahostinger No Comments

Child labour Though it is believed that Children are the incarnation of God the reality seems to be different. In today’s world, one can easily observe the exploitation of Children anywhere. Child labour is the term used to describe the involvement of Children in any type of economic job that can even ruin their happy Childhood and hamper their education, learning and skill development. Child labour exposes Children to harsh exploitation, trapping them in a cycle of poverty, illiteracy and deprivation. It snatches all the opportunities for a Child to be successful. It may also force him to use unethical and unlawful methods. In our daily life, there are innumerable instances of Child labour that we may see. Even many of us are encouraging this practice in one way or another. The inevitable reason behind this is poverty. A Child is forced to work to earn decent wages to survive due to poor living conditions. As the Children‘s needs and wants are not as much as compared to an adult and because of their naivety, businessmen and factory-owners can simply hire them as a labourer at very low wages. History It is not a brand-new concept. Its origin dates back to ancient times, as the exploitation of Children as slaves was also recorded in the Arthashastra of Kautilya. Children used to work in fields in rural and agricultural areas to help and support their families by sharing the family burden. This phenomenon was suddenly sparked by the industrial revolution in the 18th century which resulted in the employment of many Children in economic and productive jobs. Causes of Child labour Following are the main causes of Child labour:- Poverty- Child labour is primarily caused by poverty. It forces innocent Children to participate in such economic activities where they must work to support their families and ensure their survival. A Child gets caught in poverty’s vicious cycle along with other factors like illiteracy. Lack of Education Another significant factor contributing to Child labour is illiteracy. Many Children are denied access to their basic education despite having a fundamental right to it under 21A of the Indian constitution. In many villages, parents choose to have their kids working in the field rather than sending them to school which makes it difficult for them to learn fundamental concepts and develop their skills. As a result, they are unable to find better employment opportunities in the future. Lack of general awareness While being employed, Children are unable to explore their world. They lose their joyful Childhood. Generally, Children who live in rural or backward areas are unaware of their rights i.e. right to education, etc. and start to earn from an early age instead of studying and learning. Uneducated parents are also unaware of welfare schemes initiated by the government for the welfare of Children. Social Backwardness Socially and economically backward families are unable to send their children to schools. The cost of their Children’s education is beyond their means. Consequently, Children remain trapped in this cycle. Preference for cheap labour Due to their innocence and lack of fantasies, Children readily agree to work for extremely meagre wages. Greedy employers, shopkeepers, business owners, etc. employ Children because they have to pay less. In search of cheap labour, they prefer to employ more Children. Non-compliance of laws Children have several rights under the law, such as the right to education and the government is also required to frame its policies to ensure that its citizens’ health and education come first. Several laws are also created to outlaw certain practices, but their enforcement fails to accomplish the intended results due to poor compliance. Family Tradition The sad bitter truth is that some families pass on Child labour as a tradition or habit, which is influenced by cultural and traditional family norms. many families believed that a good life was not their destiny and the tradition of labour was the only means of their subsistence. They also think that this will make their children more responsible and wiser in the future. Small business owners also destroy the lives of their Children in their shield to continue their family business with lower production costs. Additional reasons for Child labour People frequently migrate from place to place in search of better jobs and other necessities. They have no option of sending their kids to school rather they prefer them to work to earn some living. Constitutional provisions regarding the welfare of Children Six essential fundamental rights are guaranteed by our Indian constitution which is enshrined in Part III also referred to as the “Magna Carta of Indian Constitution”. The right against exploitation (Art. 23 & 24) is one of these rights. According to Article 24 of the Indian constitution, no Child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Earlier it was only directive principles for the state to design its policies and programmes in such a way that Children‘s health and education received enough attention and sufficient priority under Articles 39 & 45 respectively. Later on, a new Article i.e. Article 21A(Right to Education) was inserted by the 86th Constitutional Amendment Act, 2002 which made it a fundamental right in itself along with being one of the DPSPs. Article 21A reads that the State shall provide free and compulsory education to all Children of the age of six to fourteen years. Legislative Provisions for the Prohibition of Child labour Since the country’s independence, the government has taken several actions to stop the practice of Child labour. The Gurupadswamy committee was appointed in 1979 by the central government to submit its report regarding the causes of Child labour and essential ways to eliminate it. The committee found that the main reason behind Child labour was poverty. Based on its findings and reports, the central government enacted the Child Labour (Prohibition and Regulation) Act,1986 which prohibited the engagement of Children up to fourteen years…

Alternative Dispute Resolution In Criminology

October 7, 2023 toahostinger No Comments

Alternative Dispute Resolution In Criminology This article deals with one of the significant applications of alternative dispute resolution (ADR) strategies related to criminology. ADR is often associated with civil law, although more recently there has been increased interest in its potential use in criminal justice systems. it looks at how various alternative dispute resolution techniques are used in criminal law, including plea bargaining, diversion programs, mediation, and restorative justice. References It examines how alternative dispute resolution can speed up the disposal of cases, reduce the case backlog, and promote the accountability of offenders, as well as the advantages and disadvantages of its adoption in the criminal justice system. The study also examines the ethical issues and limitations of alternative dispute resolution in criminal situations, specifically, this article provides insight into the effectiveness of ADR approaches, their impact on victims, and the potential for reconciliation and healing in the criminal justice system. Current research and case studies. it encourages further exploration of alternative dispute resolution’s potential to promote justice and heal communities harmed by crime, contributing to the ongoing conversation about non-adversarial approaches to dispute resolution within criminology. Introduction The power lies with Civil Courts to refer cases for alternative dispute resolution like judicial settlement, arbitration, conciliation & mediation by Lok Adalats under Section 89 of the Code of Civil Procedure. unlike civil disputes, the scenario is different in the criminal environment and the distinction is expressed as follows: “Restorative” justice, which views crime as a violation of one person’s rights by another person and believes that justice in a criminal context should emphasize compensation for the victim’s harm, is represented in the criminal context by ADR. alternative dispute resolution in the criminal context includes the concept of reparation in the context of transitional justice, which may not be present in civil Restitution is constructive action taken by the offender on behalf of the victim and society, which may include monetary compensation, community service, etc. In a civil context, compensation is only part of a court In civil situations, an ADR is confidential and a matter between the parties only, but in criminal cases, some case laws require that the final decision be made public by the However, as shown in the precedent case of Afcons Infrastructure and Ors. V. Cherian Varkey Construction & Ors, the Indian criminal justice system was not open to the idea of including the option of mediation. Inclusion Of Plea Bargaining Used effectively in many jurisdictions around the world, plea bargaining can be described as a pre-trial agreement between the prosecution and the accused in which the accused pleads guilty in exchange for certain concessions made by the prosecution. as the following judgments show, the Supreme Court has not always supported the inclusion of plea bargaining in Indian criminal law: Hon’ble Supreme Court in Muralidhar Meghraj Loya The state of Maharashtra rejected the idea of plea bargaining as it violated the fundamental right of a person accused of a crime not to be compelled to testify against himself. Kasambhai State of Gujarat and Kachia Patel Shantilal Koderlal Vs. In the State of Gujarat and Anr, the Supreme Court while condemning and condemning the plea deal accepted by the Magistrate held that plea bargaining is against public policy. According to the court, plea bargaining is an ultra virus of society and even the Constitution. It can also encourage collusion and corruption and taint the pure fountain of justice. Thippeswamy Vs. In the State of Karnataka, the Court held that it would be contrary to Article 21 of the Constitution to induce or induce an accused to confess to a crime in return for a promise or assurance. The Criminal Law Amendment Act, 2005 enacted in response to the 154th Law Commission Report paved the way for introducing Chapter XXIA, Sections 265 A to 265L of the Criminal Procedure Code, 1973 (CrPC), including plea bargaining. Concept as an alternative to the normal process of resolution of disputes by courts. Plea bargaining is allowed in situations where the maximum penalty is seven years in prison, the crime has not adversely affected the socio-economic status of the nation and the victim is not a woman or a child under the age of fourteen. Sections That Recognise The Concept Of Settlement The rules of procedure to be followed by the court in case of mutually satisfactory disposition are laid down in Section 265-C. The court will serve the interested public prosecutor, the investigating officer of the case, the victim of the case, and the accused to attend the meeting to find an acceptable solution to the case filed on the basis of the police report. In case of a complaint, the court only gives the statement of the accused and the victim. The procedure for preparation and submission of a report on mutually satisfactory settlement Is regulated in Section 265-D. However, two situations can arise here: If the court prepares a satisfactory settlement report at the hearing held under section 265- C, it must be signed by the presiding judge and every other participant, if If there is no resolution, the court continues the trial of the accused in accordance with the provisions of the Criminal Code while filing a motion in accordance with paragraph 1 of Article 265-B. Domestic Courts Perspective The following judgments show that the courts recognized the idea of ADR procedures after the establishment of plea bargaining in Indian criminal law: Gian Singh Vs. In the State of Punjab, the Supreme Court held and accepted that an out-of-court settlement was the result of the High Court exercising the legal power conferred on it by Section 482 of the Code of Criminal Family disputes where the wrong is primarily private or are of a personal nature and the parties have settled their dispute” are also exempted from this rule. In these situations, the High Court has the power to stay the criminal proceedings if it determines that the offender and the victim have reached a full and final compromise…

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Category: Criminal Law

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Death penalty abolition or retention

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