Wednesday, May 6, 2020

Punishment of Unlawful Assembly

Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six month, or with fine, or with both.
Punishment-Imprisonment for 6 months, or fine, or both-cognizable-Bailable-Triable by any Magistrate-Non-compoundable.

Why we need uniform civil code?

Uniform Civil Code will provide women with the right to equality and justice in courts of law- irrespective of their religion in matters pertaining to marriage, divorce, maintenance, custody of children, inheritance rights, adoption, etc.

Meaning of uniform civil code:-   

      Uniform civil code is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen. These laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance.

Uniform code necessary:- 

  The arguments for it are its mention in Article 44 of the Constitution, the need for strengthening the unity and integrity of the country, rejection of different laws for different communities, the importance of gender equality and reforming the archaic personal laws of Muslims—which allow unilateral divorce and polygamy. 

Tuesday, February 11, 2020

What is legal Education?

Legal Education in India:- 
                                                              Legal education in India generally refers to the education of lawyers before entry into practice. Legal education in India is offered at different levels by the traditional universities and the specialized law universities and schools only after completion of an undergraduate degree or as an integrated degree.

Law of Education:-
                                                        Education Law is the area of law that relates to schools, teachers, and the rights of Americans to public education, as well as standards for those students who attend private schools. American Right to Education. American laws mandate that every child be given the opportunity to an education.

Law course duration:-   
LLB Course Duration
The course is divided into six semesters. On completion of the 3-years course, an LL. B. degree is awarded for the Student.

Full form of the LLB:- 
                                     The full form of LLB is Legum Baccalaureus. But in India, the LLB Full Form is Bachelor of Legislative Law. Legum Baccalaureus or LLB is a Bachelor of Law degree that is offered to aspirants by many renowned colleges in India.

Education Act of 1901:-
                                          A highly centralized public school system was installed in 1901 by the Philippine Commission by virtue of Act No. 74. The implementation of this Act created a heavy shortage of teachers so the Philippine Commission authorized the Secretary of Public Instruction to bring to the Philippines 600 teachers from the U.S.A.

Sources of Law Education:- 
                                                  Case law comes from the judiciary and makes up what is commonly referred to as the common law. Case law is made up of judicial opinions. In the United States case, the law is either state or federal. State and federal law cases can come from a trial court or an appellate court.

Types of LLB:- 
                          There are two types of LLB courses, 3 years and a 5-year course for undergraduates. Both degrees are recognized by the Bar Council and are eligible for practicing the legal profession in India.

Purpose of law Education:-
                                               Education law is the legal discipline covering all issues pertaining to schools, from kindergarten through higher education. Historically, attorneys practicing education law have worked toward expanding access to high-quality education for all children, as well as providing for greater access to higher education.

Career Options after LLB
  • 1) The law firm (Associate)
  • 2) MNC (Legal officer)
  • 3) Govt Agency.
  • 4) Judicial Exams.
  • 5) Bank, Legal dept.
  • 6) Litigation.
  • 7) LPO.  

Main Subject in law:-  
                                       Thereafter, aspirants are taught law subjects like Law of Torts, Family Law, Constitutional Law, Property Law, Company Law, Administrative Law, Civil Law, Criminal Law, and the likes.

Thursday, February 6, 2020

Unlawful Assembly

Unlawful Assembly-
                              ( 1 )  An assembly of five or more persons is designated an unlawful assembly if the common object of the persons composing that assembly is to overawe by criminal force, to the centre or any state govt or the parliament or the legislature of any state or any public servant in the exercise of the lawful power of such public servant .
(2) To resist the execution of any law, or of any legal process.

(3) To commit any mischief or criminal trespass, or other offence.

(4) By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.

(5) By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

ExplanationAn assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

Punishment Of Criminal Conspiracy

In the Indian penal code 1860 section 120-B 
Punishment of criminal conspiracy-
(1)whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years upwards, shall where no express provision made in this code for the punishment of such conspiracy, be punished in the same manner if he had abetted such offence.

(2)whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punished as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine, or both. 

Important case laws 
1 State of Maharashtra V. Somnath Thapa 

2 Kuldeep Singh V. State of Rajasthan 

3 motorola incorporated V. Union of India 

What is Criminal Conspiracy ? (in short)

                                                   Conspiracy at common law originated as a civil wrong. After entering in the criminal law means of Conspiracy is changing use of the world Criminal is perhaps redundant in view of facts. In the Indian Penal Code (Amendment) Act,1913 added Criminal Conspiracy in section 120A and 120B.


 Definition of criminal conspiracy- 
                                                                                        When two and more persons agree to do or cause to be done-
  1. an illegal act, or
  2. an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:
explanation- when two and more persons agree to do illegal activities with illegal means to perform an object of such agreement, that persons are creating criminal conspiracy.

Simple means of criminal conspiracy-
                                                                In other words, the conspirators are guilty of criminal conspiracy whether the illegal act is the ultimate object of the agreement or it is merely incidental to the object of the agreement. the does not treat cases differently.

Important case laws of Criminal Conspiracy 

1 State of Tamil Nadu V. Nalini and Others
this case is known as Rajeev Gandhi murder case  there was a criminal conspiracy to kill a former prime minister of India. the main accused Nalini assigning her pivotal role in the conspiracy.

2 Nazir Khan V. State of Delhi 
this case is known as Kandhar aeroplane hijack there was some terrorist hijack the Aeroplane to pressurise the Indian govt. to release dreaded militants confined in jail in India.


Monday, January 20, 2020

What is Pocso Court?

The Protection Of Children From Sexual Offences(POCSO) ACT 2012 was made for To deal with child sexual abuse cases, the Government has brought in a special law.
The Act has come into force with effect from 14th November 2012 along with the Rules framed thereunder.

The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.

The POCSO Amendment Bill, introduced by Minister of State in Ministry of Women and Child Development Virendra Kumar, also provides for stringent punishments for other crimes against those below 18 years of age.

The said Act defines a child as any person below eighteen years of age and defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor. People who traffick children for sexual purposes are also punishable under the provisions relating to abetment in the said Act. The said Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.

The government, in a statement, said the amendments in Section-2, 4, 5, 6, 9, 14, 15, 34,42 and 45 of the POCSO Act, 2012 are being made to address the aspects of child sexual abuse in an appropriate manner.

The said Act makes provisions for the medical examination of the child in a manner designed to cause as little distress as possible. The examination is to be carried out in the presence of the parent or another person whom the child trusts, and in the case of a female child, by a female doctor.

The Act also makes it mandatory to report such cases. It makes it the legal duty of a person aware of the offence to report the sexual abuse. In case he fails to do so, the person can be punished with six months’ imprisonment or fine. The Act further states that the evidence of the child should be recorded within a period of thirty days. The Special Court taking cognizance of the matter should be able to complete the trial within the period of one year from the date of taking cognizance of the abuse. It provides that the Special Court proceedings should be recorded in camera and the trial should take place in the presence of parents r any other person in whom the child has trust or confidence.

The Act provides for punishment against false complaints or untrue information. It describes strict action against the offender according to the gravity of the offence. It prescribes rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine as punishment for aggravated penetrative sexual assault. It also prescribes punishment to the people who traffic children for sexual purposes.

Salient Features:
The Act defines a child as any person below eighteen years of age and regards the best interests and welfare of the child as matter of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. The act is gender-neutral.

The Protection of Children from Sexual Offences, or POCSO, (Amendment) Bill, 2019, seeks to provide for stringent punishment to those engaging in sexual crimes against children, the death penalty in cases of aggravated sexual assault, besides levying fines and imprisonment, to curb child pornography. 

Section 144- Is Apply On Every Citizen Of The State ?

What is Section 144 of CrPC, 1973:-
                                                  Section 144 applicable by law to maintain the peace in nuisance area.
In some trouble condition like Fight riots, looting and such violence to stop and maintain such condition section 144 is enforced by law in violence active area to establish peace.
In CrPC Section 144:-
                                     empowers an executive magistrate to issue orders in urgent cases of nuisance or apprehended danger. Though the scope of Section 144 is wider, it is often used to prohibit an assembly of five or more persons when unrest is anticipated. Section 129 of the CrPC grants Executive Magistrates and Police officers in charge of a police station and above the power to order the dispersal of, disperse and cause to be dispersed any unlawful assembly. Section 130 authorizes an Executive Magistrate to obtain the aid of the Armed Forces to disperse any such assembly, and Section 131 grants any Gazetted Officer of the Armed Forces the power to use his troops to disperse a manifestly dangerous assembly even without command from a Magistrate (he must, however, contact an Executive Magistrate as soon as possible and then follow his instructions while taking any further actions.
  • To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legis­lature of any State, or any public servant in the exercise of the lawful power of such public servant.
  • To resist the execution of any law, or of any legal process.
  • To commit any mischief or criminal trespass, or other offences.
  • By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.
  • By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
who is empower this?
 Area magistrate order to empower in urgent case of nuisance or the district collector has the same power to enforce this section in their area.

what is the time limit of this order?
  1.  Section 144 would continue to 2 months.
  2. it can be increased for 2 months to 6 months.
  3. when the situation is normal this section can be stopped.
Effect of this section
  1.  After this section enforcement in that area, nobody can make a group of 4 persons or more, and also they cant carry the weapon in that area.
  2. this section restriction on people and also on motor traffic.
  3. people can not make a group and stand in public place. 
this section must be in written order by magistrate and district officer.

What is punishment define for breach section 144?
every person has a duty to Follow is section 144 for public welfare. all rights give to the magistrate cause of maintaining peace in the area.
Punishment:- maximum of 3 years imprisonment or heavy fine and both.

Friday, January 17, 2020

Solitary Confinement

Solitary confinement was first introduced in America in the late 18th century, it wasn’t intended to be a punishment. In fact, solitary was first put into practice at U.S. prisons by a pacifist spiritual community called the Quakers, as part of an experiment to improve prison conditions and rehabilitate inmates. Whenever any person is convicted of an offence for which under this Code the Court has the power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say- 
                                                                a time not exceeding one month if the term of imprisonment shall not exceed six months;

a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;
a time not exceeding three months if the term of imprisonment shall exceed one year.
Meaning of Solitary Confinement:-
Solitary confinement is a form of imprisonment in which an inmate is isolated from any human contact, with the exception of members of prison staff.

In India, the maximum period of solitary confinement is 3 months and it shall not exceed 14 days at a time. Relevant provisions of solitary confinement are sections 73 and 74 of Indian Penal Code, 1860.

Limit of solitary confinement:-
In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

This provision follows the principle that solitary confinement should be imposed only in intervals since it produces a direct impact on the mind of the person undergoing it.
Such confinement shall never be more than fourteen days at a stretch. The interval between the period of solitary confinement must not be less than such periods of such confinements.

In the case of imprisonment of more than three months, solitary confinement shall not be for more than seven days in any one month of the total imprisonment awarded. Here also the intervals between the periods of such confinement must not be less than such periods.

Indian landmark cases referring solitary confinement

  • Unni Krishnan & Ors. v. State of Andhra Pradesh & Ors., 1993 SC

As per the order from Supreme Court "Right against solitary confinement" is one of the rights that fall under Article 21(Right to Life) of the Constitution. In this case, the Apex court declares that the right against solitary confinement falls under the Right to Life in Article 21 of the Indian Constitution.

  • Sunil Batra v. Delhi Administration, 1979 SC
Supreme Court clearly explained that the solitary or single-cell confinement is prior for the rejection of the mercy petitions as like the other cases by the President of India, and that was unconstitutional. In this case, the solitary confinement was given under section 30 of subclass(2). Here the Supreme Court says that the results of long solitary confinement are disastrous to the physical and mental ill-health for those who are subjected to it. In this case, the court declares that the solitary confinement is abolished in the UK but it was still in practice in the U.S.A.
Here they declare there are some practice of solitary confinement.
  • T.V. Vatheeswaran V State of Tamil Nadu SC 1983
In T.V. Vatheeswaran case, which the learned Senior Counsel for the petitioner and the learned Amicus Shri Ram Jethmalani were placed, the two-judge Bench considered whether the appellant, who was convicted for the offence of murder and was sentenced to death in January 1975 and was also kept in solitary confinement for 8 years along with the commutation of the death sentence. The Court already faced the consideration of the appellant's plea by making many observations. 

Constitutional arguments made against solitary confinement 
  1. It violates the basic concept of common natural human dignity
  2. It denies the basic human rights of the people
  3. It causes many significant mental illnesses and physical pain and suffering
  4. It is unnecessary in many of the cases

Various Punishments In India

Various Punishment defined under IPC different offences.
Section 53 prescribes various punishment to which offenders are liable. 
Maximum Punishment describe under this code - 

1.Death- Death is the most rigorous penalty that has been imposed by the IPC. Basically originally when the IPC was drafted there was eight offences that the death penalty was reserved. 
however, after the amendment, it was reduced to seven but after the nirbhaya case (rape case) this death penalty has been imposed it has been reserved for eighth offences.

The death penalty is given by the session court as well, however, is subject to confirmation by the high court. the famous case Bachan Singh v. the State of Punjab  court was held that the Death penalty should be given in the rare and rare case.
There are a certain example and section where is the death penalty has been avoided, section 302 which sense of the murder, section 305 which talks about the offence of abetting side of a child or insane person.
2.Life Imprisonment- Living behind the bars it sometimes more painful than a death sentence.The most popular sentence after the death penalty.
The death penalty is prescribed Life imprisonment also find a place as an alternative. It is known as commutation of the sentence of death. 
In section 54 where a sentence of the death penalty has been passed the appropriate government can commutation the punishment to any other punishment provided by this code.
example- let say person name A here committed murder now that particular person can give a death sentence, now the appropriate government which has been defined in section 55-A can reduce the death sentence to other punishment which has been prescribed in section 53. 
usually a death sentence commutation in Life imprisonment and life imprisonment commutation in the imprisonment of either description for a term not exceeding fourteen(14) years.
3. Imprisonment- A imprisonment cab be Rigorous and Simple imprisonment.
What is the difference between Rigorous and simple imprisonment? 
Rigorous imprisonment involves hard labour.
It is the court to decide while they gave imprisonment will that imprisonment will be whole rigorous or whole simple or the particular imprisonment has been avoided by the court could be partly rigorous and partly simple.
Example- Person A who is committed an offence and punishment by the court for 20 years imprisonment, the court shall be competent to decide the 1st 10 years Rigorous Imprisonment and next 10 years Simple imprisonment. 
4. Forfeiture of property- Forfeiture of property is not very common in IPC. Section 61 which have the sentence of Forfeiture of the property has repeal by Indian penal code (Amendment ) Act, 1921 (16 of 1921), section 4. 
Now IPC have two section which define forfeiture of property.
1st is section 126 which prescribe Forfeiture of property as punishment of either description for a term which may be extend to seven years, and shall also liable to fine and to forfeiture of property used or intended to be used in committing such depredation, or acquired by such depredation.
2nd is section 127 talks about Receiving property taken by war on depredation mention in section 125 and 126.

Classification Of Offence 
Punishment- Imprisonment for 7 years and fine, and forfeiture of certain property Cognizable-Non-Compoundable.

5. Fine- Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.