Category: 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…

Capital punishment in India and its various forms

August 18, 2023 toahostinger No Comments

The “Death Penalty” or “Capital Punishment” is the harshest punishment a society or democracy can impose in order to uphold law and order. But murdering another human being in the name of justice is just as bad. We should focus on stopping the crime, not on the perpetrator. We should amend the law to ensure law and order so that everyone can live in harmony with one another because “Life is valuable, and death is final.” According to the UN, murdering a person for the sake of justice also results in the death of humanity. Nobody has a right to determine that who will live or who will dies, but God has the power to determine who lives and who dies. rather of putting someone to death by hanging, we ought to use a different tactic known as the reformative technique so that the offender can change for the better and continue to live in peace. Introduction ‘Execution of a death sentence is referred to as “execution,” while a death sentence itself is referred to as a “death sentence.””. It is the Criminals who must be punished by the state in order to keep society’s law and order. The capital punishment is the judicially ordered execution of a person who has broken a specific law. The legal term “death penalty,” which is recognised by the government, refers to a person being put to death by the state as punishment for the crime he committed Execution of a death sentence is referred to as “execution,” while a death sentence itself is referred to as a “death sentence” Every time a court imposes a sentence, it does it in accordance with a theory or a premise. These beliefs, which go by the name “Theories of Punishment typically fall into one of five categories: The deterrent theory Restructuring Theory Theoretical Precautions Theoretical Retribution The Expiation Theory In the United Nations (UN), where the death penalty is viewed as a violation of human rights, the phrase “Abolition of Death Penalty” is one of the most frequently discussed themes. The Reformative Theory of Punishment was given more weight by the UN than the Deterrent Theory of Punishment. In Rajendra Prasad v. State of Uttar Pradesh, Justice V.R. Krishna Iyer made This remark: “The specific cause must relate, not to the crime, but to the offender. Criminal not deserve the death penalty. Acc.to ABDUL KALAM :- “Avul Pakir Jainulabdeen Abdul Kalam said, ” We are all the products of God. I’m not convinced whether a human-made mechanism is capable of ending a life based on fabricated evidence. – The legality of the death penalty in India under Constitution The question of the death penalty has long been divisive everywhere in the world. The death sentence is applied in India for the most serious, heinous, and egregious offenses, such as murder, war against the government, etc., according to the Indian Penal Code. Article 21 of the Indian Constitution states that everyone has the “right to life,” which shall not be denied to anyone. The president has the power to exercise mercy when the death sentence is involved. The President of India has the power to commute, alleviate, postpone, or otherwise alter a conviction for the death penalty under Article 72 of the Indian Constitution. Once a person has been found guilty and sentenced to death, Article 72 of the Indian Constitution gives the President the authority to commute, relieve, postpone, or otherwise modify a death penalty conviction. Once a defendant has been found guilty and given a death sentence so the President has power to dismiss the death penalty Once a criminal has been convicted and sentenced to death, Case laws Jagmohan Singh VS State of Uttar Pradesh[1]– The Supreme Court in this case rejected the claim that the same violated Article 19 of the Indian Constitution, which protects the “right to life.” Rajendra Prasad VS State of U.P It was emphatically emphasised by Justice Krishna Iyer that the death sentence is against Articles 14, 19, and 21. Bachan Singh VS State of Punjab– One year after Rajendra Prasad v. State of U.P the same case set as a The Supreme Court reversed the ruling in the aforementioned case by vote of 4:1 by Justice Bhagwati. there was argued that the term is “public order” designed in Article-19(2) to Article-19(4) is different from “law and order” and also introduced the principle of award with death penalty in “rarest cases,” despite the facts that it violation Articles 14, 19, and 21. The Supreme Court acknowledged Article 21 as the State is authority to take someone’s life. The Delhi gangrape case, which requested the guilty be given the death penalty, Machchi Singh VS State of Punjab– The Supreme Court established guidelines for whether the death penalty may be applied, taking into account the crime’s gravity, victim’s type, and whether it was committed in social anti-social manner in Capital punishment. Kidnapping that does not result to death– “• Aggravated murder: According to Section 302 of the Indian Penal Code, 1860, this crime carries a death sentence.[5] Treason – A person who attempts to overthrow the government or aids members of the armed forces in doing so may get the death penalty. Offences related to terrorism that don’t result to death– Use of explosives that can cause explosion and threaten life/cause damage to property. For instance, Muhammad Afzal was hanged on February 9, 2013, in retaliation for the attack on the Indian parliament in December 2001, which saw five men carrying bombs kill nine people. Rape that does not result to death – Under the Criminal Law Act of 2013, a perpetrator who causes harm during a sexual assault that results in the victim’s death may be executed. As a result of the Delhi gangrape case, gang rapes are now also punishable by the death penalty. According to the 2018 Criminal Law Ordinance, anyone found guilty of raping a child younger than 12 years old faces a death sentence or a…

Criminal Law

Stage of crime under ipc 1860

August 15, 2023 toahostinger No Comments

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

Criminal Law

Socio-Economic Offences in Indian Constitutional Act

April 26, 2023 toahostinger

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

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Socio-Economic Offences in Indian Constitutional Act

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