Category: Criminal 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…

Criminal Law

Offences Against Women’s Modesty in India

September 30, 2023 toahostinger No Comments

Offence Of Outraging The Modesty Of Women In India Abstract As we know, In India the offences against women are increasing day by day. We constantly observe crime against women when we open the news. Various forms of crimes are committed against women such as ‘rape’, ‘murder’, ‘dowry death’, ‘abduction’, ‘threat’ etc. There are multitudinous legislative laws in India to control these types of offences. These legislative laws sanction crimes against women. However, even in the existence of these legislative provisions, crimes against women are not controlled. In this composition, I’ll discuss “The offence of outraging the modesty of women in India”. This content can be understood through the introduction, where we can comprehend the conception of modesty, women’s modesty, essential constituents etc. using several cases, also we can look into the vittles about these offences as sections 10, 354, 354A, 354B, 354C, 354D, and 509 under the Indian Penal Code, 1860. Also, we gain a better understanding of this conception through corner cases. At last, finish the composition with a conclusion. Introduction In general, the term “modesty” means a woman’s sexual dignity, which she acquires from birth. The term “outrage” suggests a physical act. Modesty is that shy sensation you get when someone compliments you on how terrific you are, or when you have to take your shirt off to go swimming and revealing flesh makes you squirm. It refers to the virtue that connects to a female due to her gender and is an attribute linked with females in general when it comes to outraging a woman’s modesty. Demands for her to disrobe, defamatory statements, dragging her to commit sexual assault and voyeurism are all examples of activities that might be considered outraging a female’s modesty. Women’s modesty might be violated by touching her on any private region of her body i.e. which she finds unacceptable without her consent. Section 354 of the Indian Penal Code,1860 defines the scope of modesty outrage, which includes the following factors:- An assault or use of criminal force is required. There must be an intent or understanding that modesty outrage is Outraging a woman’s modesty involves not just physical acts of assault, but also any verbal or nonverbal action that is intended to degrade her. By nature, this offence is considered cognizable, non-bailable, and non-compoundable. Provisions Concerning The Outrage Of Women’s Modesty Provisions regarding the violation of women’s modesty are given under the Indian Penal Code, 1860 which are sec. 10, sec. 354, sec. 354A, sec. 354B, sec. 354C, sec. 354D, and sec. 509. Section 10 of the Indian Penal Code, 1860 In this section, the definition of woman and man has been given. A male human being of any age is called a “man”. A female human being of any age is called a ” woman”. Section 354 of IPC, 1860 Section 354 stipulates that anyone who assaults or uses unlawful force on any woman intending to insult her modesty or knowing it is likely to outrage her modesty is punishable under this provision. The penalty is imprisonment for any length of time, with a minimum of one year and a maximum of five years. In addition, a fine will be imposed. As a result, depending on the judge’s discretion, the punishment can range from light jail to hard imprisonment. a fine will be imposed in addition to the sentence, indicating that the offence is not compoundable. Section 354 contains certain crucial components:- There should be assault or criminal The woman must be assaulted or subjected to criminal Assault or use criminal force on a woman to offend her This is a punishable offence with no bail. It is compoundable, but only with the court’s approval. Any magistrate with jurisdiction over the case can hear it. Section 354A of the Indian Penal Code, 1860 According to this section, a male is deemed to have committed sexual harassment towards a woman when: direct physical touch and approaches with explicit sexual gestures: or, demand or proposal for sexual favours; or showing pornography against a woman’s will; or A sign that makes sexually coloured remarks. If a man commits the first three offences specified in the preceding bullets, he will face harsh imprisonment for a term of up to three years, a fine, or both under Section 354A of the IPC. if a man commits the offence of the final bullet, he shall be punished by imprisonment for a term of up to one year, a fine, or both. A Section 354A offence is cognizable, bailable, and can be tried by a magistrate. Section 354B of the Indian Penal Code, 1860 This section addresses the protection of women against men who assault or use illegal force against any woman, or incite such an act, to disrobe or force her to be naked. If a man commits such an offence, he will be sentenced to three years in prison, which can be increased to seven years, as well as a fine. Section 354B offences are cognizable, non-bailable, and can be tried by any magistrate. Section 354C of the Indian Penal Code, 1860 This section is about a woman’s privacy. Voyeurism is an act done when a male observes or photographs a woman doing a private act without her knowledge. If a man commits such an offence, he faces a minimum of one year in prison, which can be increased to three years, as well as a fine on his first conviction. In the event of a second or subsequent conviction, he will be imprisoned for a least three years, which might be increased to seven years, as well as fined. This clause punishes a male who purposefully captures photographs of a woman or watches her do a private act. if a woman consents to having her photos taken or permits for any activity but does not consent to the image or act being disseminated to a third party, and such image or act is disseminated by another person, he will be held accountable under…

Criminal Law, Indian Penal Code

The Sarna Code: A Movement For A Tribal Religion

September 11, 2023 toahostinger No Comments

In November 2020, the Legislative Assembly of Jharkhand passed a resolution seeking the inclusion of ‘Sarna’ as a separate religion for the Census 2021[1]. A similar yet different motion was passed by the Legislative Assembly of West Bengal in February 2023, seeking a religion tag to ‘Sari’ & ‘Sarna Dharam’.[2] For the past few decades, the tribal communities of the Chhota Nagpur plateau have been demanding that they should be included in a separate religion, and their customs, rituals, and other societal functions as regards their communities should be governed as per the separate religion. classifications The reason behind such a demand is that presently the tribals are being classified either as the Hindus or the Christians or the Others. These classifications, according to them, have resulted in a Cultural Identity Crisis. They contend that their traditions, societal framework, beliefs, customs, rituals, and morals are entirely different from those of the Hindus, Christians & others. • They also don’t share a common link between them and the other religious communities. They do hold a different view as to the creation of the universe, the concept of God, the mode of worship, and the role of their belief in their day-to-day activities. The inclusion of tribals in the Hindu category by the Govt., the recent spike in the conversions of tribals to Christianity, and the inability to hold their forest rights due to the imposition of strict regulations by the forest authorities, have raised concerns in the Chhota Nagpur circles regarding the protection of tribals’ religious and cultural identity. Jal-Jangal-Jameen Nature, colloquially “Jal-Jangal-Jameen” is at the core of this issue. The Nature is being worshipped by the tribals. But with the discovery of rich minerals in the regions of tribal settlements, the Govts. have allowed (subject to law) the construction of dams, mining activities, and cutting down of trees to meet the demands of the surging population. As a result of this, the tribals are gradually losing their forest rights, and these forest rights are intimately attached to their life, culture, and beliefs. There is a feeling among the tribals that due to the lack of governmental recognition of their religion, all these incidents are happening. A number of tribal organizations are also mobilizing thousands of tribals for this cause. It is in light of these events that the tribals of the abovementioned region have initiated movements to acquire a separate religious status for their communities. But there remain certain legal issues attached to this Code. It is important that those people who are fighting for this cause should first address these legal topics, which the writer intends to highlight via this article. What is “Sarnaism”? The Sarna is a faith, followed mostly by the tribals of West Bengal, Bihar, Jharkhand, and Odisha. The followers of this faith worship Mother Nature which shall include, the Water, Forests, and Lands.[3] The majority of its followers are tribals who also believe in totemism.[4] The believers of the Sarna faith offer oblation to their ancestors. And idol worshipping is not followed by the tribals following such faith. The fundamental part or the major component, constituting the Sarna faith is of worshipping Mother Nature. There are Sacred Groves in every tribal village. These sacred groves, according to them, protect their villages, families, agricultural fields, cattle, water bodies, and vice versa from evil/dark spirits. The followers of the Sarna faith worship these sacred groves. What is the “Sarna Code”? The Sarna Code stands for a set of laws that will recognize a new religion based on Sarnaism, separated from the Hinduism/Christianity/Other religion, and may redefine the various laws pertaining to the land, marriage, divorce, etc. which is currently applicable over the tribals. Although no such draft of the code is available in the public domain and the organizations fighting for this cause are yet to release any document in this regard, up to a certain extent, we can assume and analyze the legal hurdles associated with this issue, considering the organizations’ demands. Reference [1] THE HINDU, https://www.thehindu.com/news/national/other-states/jharkhand-assembly-passes-resolution-on-sarna-code/article33081116.ece (last visited Apr. 5, 2023). [2] THE ECONOMIC TIMES, https://m.economictimes.com/news/india/tmc-brings-motions-in-assembly-for-religion-tag-to-sari-sarna-dharma/articleshow/98024180.cms (last visited Apr. 5, 2023). [3] OUTLOOK, https://www.outlookindia.com/national/explained-what-is-the-sarna-religious-code-and-what-are-its-followers-demanding–news-230860, (last visited Apr. 5, 2023). [4] Vikrant Kumar & B Mohan Reddy, Status of Austro-Asiatic groups in the peopling of India: An explanatory study based on the available prehistoric, linguistic and biological evidence, INDIAN ACADEMY OF SCIENCES (15 April 2003), https://www.ias.ac.in/article/fulltext/jbsc/028/04/0507-0522.

Criminal Law, Indian Constitution

Dowry Death

August 21, 2023 toahostinger No Comments

Dowry Death Is the death of the woman caused by any burns or bodily injury or occurs otherwise than under normal circumstances within 7 years of her marriage. Essential Ingredients Section 304 B of IPC gives essential ingredients of dowry death Death must be caused by burns or bodily injury or it must occur otherwise than in normal circumstances Death must occur within 7 years of marriage It must be shown that soon before her death the woman was subjected to cruelty or harassment by her husband or any relative of her husband. Such cruelty or harassment by her husband must be for or in connection with any demand for dowry. Here the dowry shall have the meaning as assigned to it under Section 2 of the Dowry Prohibition Act 1961. Another feature of this section, which can be said to be a departure from the normal feature of the code is that a minimum of not less than 7 years imprisonment is prescribed but which may extend to imprisonment for life. What is dowry death? In Bachni Devi V. State Of Haryana, the accused 2 and Bachni Devi were married on 12/5/1990. In less than 3 months of their marriage her mother-in-law had gone to the house of PW 8 Father of the deceased and told him that his son wanted to start a house milk vending business and for that purpose demanded a motorcycle. But the father of the deceased, being a poor rikshawala showed his inability to fulfil her demand. Thereafter both the deceased ‘s husband A 2 and her mother-in-law, Bachni Devi badly harassed her and said that the deceased was not allowed to stay in the matrimonial home. kanta told her father about the ill-treatment of her husband. kanta was taken from her father’s house by her husband on the pretext that the engagement ceremony of her brother was to be performed which was false. The next her father was informed that Kanta was dead, therefore harassment driving the deceased to commit suicide is a dowry death, and the accused were liable to be convicted under Section 304 b I.P.C. for Dowry Death. Life Imprisonment Reduced To 10 Years Of Rigorous Imprisonment Pathan V. Hussain Basha V. State Of A. P. It is a case relating to dowry death. The evidence of the father of the deceased and other witnesses shows that there was persistent demand for dowry by the accused husband of the deceased and her in-laws. They used to harass and even beat the deceased. The deceased died due to asphyxia as a result of hanging. Death took place within a few months of marriage. The accused led to no evidence explaining how and why the deceased died and his conduct immediately prior to and after the death of the deceased. It was held that the silence of the accused cannot be equated to the discharge of onus cast upon the accused by deeming fiction under section 113 b of the Evidence Act. Hence the accused was liable to be convicted. It was further held that considering the age of the accused, attending circumstances, and the fact that the accused had been in jail for a considerable period sentence of life imprisonment was reduced to 10 years of rigorous imprisonment. Reasons For Dowry Death Illiteracy rate Absence of proper law For the sake of social status Lack of knowledge Narcotic Gender discrimination Forms Of Cruelty Cruelty by vexatious litigation Cruelty by deprivation and wasteful habits Cruelty by persistent demand Cruelty by extramarital affair Harassment by nonacceptance of baby girl Cruelty by false attacks on Chasity Taking away children CONCLUSION Dowry is a sin in our society, it’s not a ritual anymore, it’s a burden to girls’ parents that’s why girls are murdered in the mother’s womb after marriage girls are forced and pressured by in-laws and husbands, because of all that dowry death took place. We should have more strong legal binding to the accused so that this can be stopped right now and more dowry deaths would not happen. Written By Muskan Patel

Criminal Law

Criminal law amendment act, 2018

August 21, 2023 toahostinger No Comments

Amendments mean a change any minor major addition or removal of any rules, numbers, figures, sections, or articles in any act is known as an amendment in criminal law we have the latest amendment in 2018. Which was enacted on 11th August 2018 and came into force on the 21st day of April 2018 As the offences against women especially rape cases with women under the age of 12 and 16 years, for example Kathua rape case. We needed an amendment in the act which added strict provisions and punishments in the act, especially for minor girls. “An act further to amend the Indian penal code 1860, Indian evidence act 1872, the Code of criminal procedure 1973 and Protection of Children from sexual offences act, 2012.” Be it enacted by parliament in the 69th year of the Republic of India. Introduction Criminal law is the law which is made to punish the offenders ( culprits ) for the offences that they have committed. It provides rules regarding legal and illegal things which is allowed or which are not allowed. In general, regarding criminal law, we have two acts Indian penal code, 1860 and, code of criminal procedure, 1973 Indian penal code 1860 is a substantive law which only says which action is an offence and what should be the punishment for that crime. Code of criminal procedure, 1973 as the name suggests is a procedural law and it provides the procedure through which the offenders get published. Again in support of these laws we have the Law of Evidence, without which there will be much delay in trial and harm to the general public and the litigants will have to face the obstructions and bear more costs. The object of the law of evidence is to restrict the investigations made by the court within the limits of general convenience. If such restrictions are not, put no suit can be decided even if its trial takes place for a long time. The law of Evidence is for judicial behaviour like the reasoning for logic. Again we will talk about the Protection of Children from Sexual Offences Act,2012 The amendment proposes to enhance punishment for the rape of a child, who is below the age of 18 years, divided into three as: up to 12 years, up to 16 years, 16 to 18 years. This bill has replaced the criminal law (amendment) ordinance. Background As an office against women especially rape cases with women under the age of 12 or 16 years, for example, the Kathua rape case. We needed amendments in the act which added provisions and punishments in the act is especially for minor girls. Kathua rape case,2018: The case relates to the brutal rape and murder of an 8-year girl in Kathua village back in 2018. In June 2019 special court at Pathankot sentenced three men to life imprisonment in this case. The court has also sentenced three police officers to 5-year of imprisonment for causing distraction of evidence. the supreme court has transferred the trial of the case from Kathua to Pathankot in Punjab given the obstruction of justice by the lawyers who have protested against the police arresting the accused person justice. Justice J.B. Pardiwala held that the respondent accused was not a juvenile at the time of the commission of the offence and should be tried the way other accused persons were tried by the law. The supreme court bench also ruled that the medical expert estimate regarding the age of the accused is not a statutory substitute for proof but is only an opinion. Amendments under the Indian penal code 1860 1. Amendment under section 166A (Added section376AB,376DA,376DB) 166A of the code deals with the duties of a public servant conducting an investigation. There are three amendment acts in the section but the amendment act is made in clause c which says a public servant who fails to record any information given to him under subsection 1 of section 154 of the criminal procedure code about cognizable. the offence is punishable under section Section 326A Section 326B Section 354B Section 370 Section 370A Section 376 Section 376A Section 376AB Section 376B Section 376C Section 376D Section 376DA Section 376DB Section 376E Section 509 2. Under section 228A This section is inserted in the Indian penal code by criminal law amendment act,1983 to prevent social victimization and ostracism of victims of sex crimes. It prohibits the printing and publication of the Identity of victims of rape and other sexual crimes. Subsection 1 of this section, section 376AB, section 376 DA, and section 376 DB were added with sections 376A, 376B, and section 376C. 3. An amendment under section 376 This section deals with offences of after amendment subsection 1 says whoever except in the cases provided for in sub–section 2 (which is rape committed by a police officer), commits rape shall be punished with rigorous imprisonment of either description for a term which shall not be less than 10 years but which may extend to imprisonment for life and shall also be liable to fine.(Imprisonment of10years to life imprisonment+ fine) Clause I of subsection 2 is omitted after the amendment which punishes, rape committed by a man on a woman when she is under 16 years of age The amendment included subsection 3: whoever commits rape on a woman under 16 years of age shall be punished with, rigorous imprisonment for not less than 20 years which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. provided further that the fine imposed under the subsection shall be paid to the victim. 4. Insertion of new section 376 DA and section 376 DB where a woman under 16 years of age is raped by one hour more persons constituting a group or acting in furtherance of a common intention, each of those persons will be deemed to have committed the…

Criminal Law

Domestic Violence

August 20, 2023 toahostinger No Comments

History In the beginning of the 1800s, in English common law wife beating is considered as a men’s right. It is considered a ritual amongst society but with time in the 16th century, this is considered as a crime not only against women but against society as a whole. It was termed as a breach of the peace in that society. So to curb this problem English common law introduced some laws i.e. to furnish a bond by the husband and to stake pledges from his associates for peaceful life and good behavior in the future. In terms of the sentences, it was only pity fines. A great change has been seen during the American Revolution, many of the American colonies made laws in favor of women and coined the domestic violence system a heinous crime against the liberty of women. Transfer of the local justices to the state courts. Taking a course of the same by the judicial system rather than the legislatures of the state. Setting up the precedent in domestic violence cases are some of the things that took place in that era. The major change took place when the political agitation of the feminist movement begin to take place in the 19th century. This forces the political system of that era into opinion and legislation. related to domestic violence within the US, UK, and other countries. • In the year 1850 Tennessee a state in the US become the first country to make wife beating illegal and penalized strong punishment for the same. Gradually this thing followed by other states also. — In the year 1878 UK matrimonial causes act was passed which gave a right to the wife to get separated from an abusive husband. • In the early 20th century a change was also seen amongst the court in these cases whenever these types of cases comes into the court. The Judge imposes a harsh punishment against the husband’s perpetrator. But when the situation is the opposite the same thing deals with leniency by the court. Even then in most of the legal systems around the world, the issue of domestic violence was highlighted from the 1990s onward. In most countries, there were no protection no laws for the security of women in cases of domestic violence. Keeping in view this thing in 1993 the UN published some strategies for confronting domestic violence: A resource manual. By this, they are urging the countries to treat domestic violence as an unlawful act. But the scenario was not as thought as many countries at that time so this was out of the scope of the law. Physical discipline of the children and chastisement of the wife is considered as one of the necessary things. As far as India is concerned there are various forms of domestic violence act has been seen i.e. honor killings, dowry deaths, and forced marriages. In the year 2005 efforts were being made to curb the issue of domestic violence and in response to this the protection of women from domestic violence act has been passed. TYPES OF DOMESTIC VIOLENCE There are various forms of domestic violence engraved in the laws some of these are:- Physical abuse One of the most prominent abuse is considered physical abuse where the victim is in constant fear of bodily pain, injury, other physical suffering, or bodily harm. Due to this the growth of her mental and physical state stuck. Another thing that took place is an acid attack in which the attempt is to damage the face and the body of the victim which also result in blindness and permanent scaring of the female. As far as India is considered most of the domestic violence cases come after the women get married and the husband or the family members of the husband are dissatisfied over the dowry demands that result in continuous physical abuse of the women and some cases the killing of the women. According to the National crime records bureau in the year 2011 around 8618 dowry deaths were reported in India but the official figure is far bigger than this amount. Sexual abuse It is defined as abuse that humiliates, degrades, or hampers the dignity of women in general. Majority of the sexual abuse is considered marital rape but this is not outlawed in many countries. Marital rape is only hit when the victim is under the age of 15. Besides this, in many cultures, the victim of rape is considered a shame and disgrace to the family. If the victim got pregnant then her life ended up by her family members. When it comes to marriage in some cultures there is an obligation that the woman is only to bear the children of the husband if it is found out that the woman is using birth control then she has to face the constant fear and threats in society this practice is mostly common among the people of Ghana. Verbal and Emotional Abuse In domestic violence cases, the first thing that a female has to face is verbal abuse by her spouse and in some cases by the family of the spouse. When it is intermixed with emotional abuse the situation got worse. The environment of this led to emotional and mental trauma to the female which ultimately hampers her mental strength. WHO termed it as the most common way of abuse in all the societies of the world. It includes minimizing threats, isolation, public humiliation, criticism among the masses, personal devaluation of the image, coercive control over one’s affairs, and stalking. This led to increasing chances of depression which can lead to suicide, drug and alcohol abuse, etc. Economic Abuse This is a form of financial abuse in which one intimate partner has overall control over the economic resources of the other partner. The assets are used as a means of control. Economic abuse includes limiting what victims may use or exploiting the resources used to support the daily…

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