Criminal Law

CRIMINAL LAW
HANDBOOK OF
LEGAL SERVICES CLINIC

PUBLISHED BY LEGAL SERVICES CLINIC STUDENT BAR ASSOCIATION, NLSIU
CONTRIBUTORS Aditya Verma Ameya Kilara Amogh Basavaraj Arghya Sengupta Ashutosh Kumar Avni Rastogi Deepika D Devanshi Jain Divya A J Kalyani Ramanath Karishma Kakkar Katyayini Chandola Lakshmi Prakash Meghna Rajadhyaksha Mrinalini Singh Monika Srivastava Nipun Vaid Parul Kumar Poongkhulali B Prashanth Reddy Priyadarshini Kedlaya Rakshitaa Mahesh EDITORS Sameer Pandit Aditya Sarkar Poongkhulali. B Anisha Gopi Vikram Hegde Rahul Kumar Bhargavi Mudakavi Gowthaman R Ruth Anna Paul Sanhita Ambast Shivani Singhal Sindhu Sivakumar Srijoni Sen Sriraj Ramesan Suchita Saigal Sushila Rao Vikram Hegde Vinayak Verma
ILLUSTRATIONS BY Shruti Aji Murali
Printed at Bhagyam Binding Works
PREFACE
Services Clinic (LSC) at the National Law School of India University, Bangalore (NLSIU) was set up with the mandate of providing law students at NLSIU with the opportunity of working on the field, under the supervision of their professors. In the process of interacting with clients who approached the offices of the LSC at the City Civil Court complex, Bangalore and in the centre at Ramanagara, Bangalore Rural District, the faculty and the students realised the importance of Legal Literacy Programmes. It was believed that awareness of the law will lead to lesser violations of it, so also lead to social change. Consequently, legal literacy programmes also became a major activity within the mandate of the LSC. With modest beginnings of doing around two to three such programmes a year, the activity has now expanded into double figures. The activity also expanded from concentrating only on rural areas to schools in and around Bangalore. In that process, a need for a handbook was felt. Beginning from preparing handbooks for internal use of the students conducting the programmes, LSC has now taken up the mandate of publishing handbooks for recipients of programmes. The present handbook is part of such an endeavour.
linical legal education forms a crucial part of the syllabus in
most major law schools around the world. The Legal
HANDBOOK OF CRIMINAL LAW
The aim of these handbooks is to provide legal literacy in a succinct and simple form, for people who are not conversant with the law. Criminal law is a very important area of law, with which one tends to interact on a daily basis, be it through the news or through personal experiences. I am happy to note that the students chose this important area of law to bring out a handbook and have done a good job of crystallising substantive criminal law and criminal procedure, which are both complicated areas of law, into a user-friendly handbook, written in very simple language. These aids should assist in successfully conducting legal literacy programmes and also be very useful to the recipients of the programmes. Having been involved in the activities of the LSC for nearly a decade both as a student at NLSIU and subsequently, as a member of the faculty, I am happy to see the handbook become a reality. I congratulate the office bearers of LSC 2009-10, as well as the volunteers who have worked on this project. MRINAL SATISH Visiting Professor, NLSIU
T ABLE O F C ONTENTS
I.
OFFENCES AGAINST THE HUMAN BODY Murder and Culpable Homicide Death by Negligence Attempt to Commit Suicide Simple Hurt and Grievous Hurt Wrongful Restraint and Wrongful Confinement Assault and Criminal Force Kidnapping and Abduction Unnatural Offences
- 11 - 12 - 14 - 15 - 16 - 18 - 19 - 19 - 20 - 22 - 23 - 24 - 24 - 24 - 25 - 26 - 26 - 26 - 27 - 28 - 29 - 31 - 32 - 33 - 34 - 35 - 36 - 38
II. OFFENCES AGAINST PROPERTY Theft Extortion Robbery Dacoity Misappropriation Criminal Breach of Trust Cheating Receiving stolen property Mischief Criminal Trespass and House breaking Forgery III. OFFENCES AGAINST WOMEN Cruelty Dowry Death Bigamy Adultery Rape Sexual Harassment
IV. MAINTENANCE V. INCHOATE OFFENCES Attempts Abetment Conspiracy VI. MISCELLANEOUS Defamation Obscenity Cyber Crime VII. DEFENCES IN CRIMINAL LAW Introduction Fact Situation Insanity Intoxication Infancy Private Defense VIII. CRIMINAL PROCEDURE First Information Report (FIR) Procedure of registering an FIR Arrest Bail Search and Seizure Evidentiary Value of Statements made to Police Cognizance Charge Evidence in Trial Withdrawal from Prosecution Judgment Appeal Reference Revision Double Jeopardy Legal Aid Structure of Criminal Courts
- 41 - 42 - 44 - 46 - 46 - 47 - 48 - 49 - 51 - 54 - 55 - 55 - 55 - 56 - 56 - 57 - 58 - 59 - 60 - 60 - 62 - 64 - 65 - 67 - 68 - 69 - 70 - 71 - 71 - 72 - 72 - 72 - 73 - 74
INTRODUCTION
reservation of social order and security are the defining attributes of criminal law. Criminal Law endeavours to alter and shape human behavior. It seeks to define boundaries of acceptable social conduct and to penalize those who fail to act within such defined boundaries. By prescriptions of such sanctions, it also seeks to prevent transgressions. The sources of criminal law in India are varied. The most important laws which define criminal law in India are the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. Apart from these, there exist special laws which deal with particular species of criminal activity and provide for procedures specifically designed to cater to those crimes. Examples of these include Narcotics Drugs and Psychotropic Substances Act, 1985, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Dowry Prohibition Act, 1961. This handbook has sought to simplify substantive criminal law covered under the Indian Penal Code as well as procedural aspects covered under the Code of Criminal Procedure.
The substantive aspects of criminal law are covered under the first six chapters of the handbook. The chapters deal with primary categories of offences such as offences against the human body, offences against property, offences against women, maintenance, inchoate offences and miscellaneous offences. In addition to these are certain defences available to the accused. The procedural aspects are covered under the last chapter, which introduces the reader to the functioning of criminal courts in India as well as concepts such as bail, arrest, warrant etc. Through years of experience in the field, we have found that a simple and precise understanding of criminal law among the people is essential. The Legal Services Clinic has brought out this module with the aim to bridge the gap between 'law in the book and law in action'. It is towards this end that this collaborative effort of the Legal Services Clinic and the students of the National Law School of India University, Bangalore have been undertaken. We hope that this endeavour is a success.
The Legal Services Clinic 2009-10
10
OFFENCES AGAINST THE HUMAN BODY
11
The Indian Penal Code broadly lists the following as Offences against the Human Body: Culpable homicide and murder. Death by negligence. Attempt to commit suicide. Simple hurt and grievous hurt. Wrongful restraint and wrongful confinement. Criminal gorce and assault. Kidnapping and abduction. Unnatural offences. These laws exist in order to fulfill the objective of protecting every individual's right to life and liberty, and also to punish the wrongdoer.
MURDER AND CULPABLE HOMICIDE

When is a person guilty of culpable homicide or murder? A person is guilty of either culpable homicide or murder under the Indian Penal Code as long as two requirements are satisfied: i) The act of killing a person, ii) A specific mental element, i.e., a guilty mind. What is the Mental Element required? Whether an act is culpable homicide or murder depends on the mental state of the accused person, i.e., his intention or knowledge. These can be explained as follows: Knowledge: Every person is presumed to know the consequences of an act that he does and hence, knowledge is assumed in every case. Intention: is said to be present when an act is done with the purpose of achieving a particular result. It can also be expressed as Intention = foresight + desire. For instance, when a man on the busy street, trying to make his way, pushes another in the path of a moving vehicle, one cannot say he intended to kill. Nonetheless, one can attribute knowledge of the fact that if he pushes someone onto a busy street, the person pushed is likely to be run over and killed by an oncoming vehicle. On the other hand, if a person shoots his rival, point blank on his forehead, the intention to kill is clearly present.
12
What is the difference between the two offences? Using the concepts of knowledge and intention, we can distinguish between culpable homicide and murder. For murder, the act committed by the accused person should have been with the intention of causing death, or the knowledge that it was likely to cause death, while for culpable homicide, it is required that the person intended the act, but not the consequences of that act. For example: A husband, in a fit of anger knocks his wife down, dealing several blows with closed fist on her face and chest. The wife dies of brain hemorrhage. A person uses a broken glass bottle to hit another in a scuffle. Without much thought or aim, he hits his opponent on his shoulder. His opponent dies of that injury. A person uses a knife and stabs another person in the stomach. The person dies. A person has an asthma attack, and his rival removes the inhaler from his reach, knowing it may be fatal. A person fires with a loaded gun in the middle of a crowd and kills one person. Which of these acts would amount to murder? The answer depends on whether or not the specific injury that resulted in death was intended. In the first two cases, the blows were random, and no specific injury was intended. So they would only be culpable homicide. In the third case, the person aimed at and injured a vital organ. This is a specific injury that was intended by the attacker. In the fourth case also, the act was deliberate, and done with knowledge of the likelihood of death, while in the last case, it is obvious that such an act is so dangerous as to result in death, even though the specific death may not have been intended. The last three cases would be that of murder. The points that need to be kept in mind to distinguish between the two, therefore, are: i) The specificity of intention: For murder, the particular injury that caused death, not just 'any' injury, should have been intended.
ii) The degree of probability of causing death: In situation (2), let us say the injury was likely to cause death whereas in (3) it was sufficient to cause death. The latter is considered as a higher test of probability which has to be satisfied in order for the offence of murder to be established. While a stick injury or fist injury is only likely to cause
13
death, a sword injury on a vital part is considered to be 'sufficient' to cause death. The question as to what is 'sufficient' to cause death is answered by doctors and does not fall within the province of a judge, for want to medical expertise. In situation (5), as well, the likelihood of causing death is the determining factor. iii) The knowledge of the accused person: In a situation where an injury is only likely, and not sufficient to cause death, the additional element that must be proved is that the accused person knew the likelihood of causing death. So in situation (4), the test is the presence of the 'specific' knowledge that a particular injury, special to the victim in question, can result in death given his vulnerable position. The examples above detail the differences between culpable homicide and murder. It can also be gathered that all acts of murder are also acts of culpable homicide, but the reverse is not true, murder being a subset of culpable homicide. Therefore, a person can be guilty of one of two offences, 'murder', or 'culpable homicide not amounting to murder.' What are the punishments for these offences? 1. Murder = [Death or life imprisonment] + Fine. 2. Culpable Homicide with intention to cause injury = [Imprisonment for life or up to 10 years] + Fine. 3. Culpable Homicide where only knowledge is present = up to 10 Years OR Fine OR Both. DEATH BY NEGLIGENCE When is this offence committed? As seen above, both culpable homicide and murder require either knowledge or intention of the consequences. When neither is present, the offence committed is known as death by negligence. A person who causes death through a rash or negligent act is guilty of this offence. For example: Situations which often constitute this offence include accident cases some of the infamous ones being the Salman Khan case where pavement dwellers were killed; and cases of medical negligence, which again are widely reported by media. In cases of professional negligence, the Supreme Court has said, that to hold a person guilty of negligence, the prosecution has to prove that the negligence was of a high degree, what is termed as gross negligence.
14
What is meant by rashness and negligence?

Rashness and negligence have been given different meanings by the courts: Negligence: This happens when you violate a responsibility that you owe towards otherssay the duty to drive carefully that is owed to pedestrians and motorists when you are driving a car. If this is responsibility is violated by not heeding a red light, there is said to be a violation of the duty of care. This is the first ingredient of negligence. Now if by ignoring the red light, the car hits another vehicle, and damages it, then the second requirement is also fulfilled, that is, damage is caused by a breach of the duty of care. Therefore, negligence requires 1. A duty of care, 2. Violation of that duty, and; 3. Consequent damage. Rashness: This involves knowingly doing a dangerous act, with an indifference to the consequences. For instance, when a person drives a vehicle knowing that his brake does not work, or is driving when drunk, his act falls squarely within the ambit of rashness. As you can see, a very thin line separates these two and Courts often muddle these two concepts under the larger banner of death by negligence and rashness. What is the punishment for these offences? Imprisonment up to two years or fine or both
ATTEMPT TO COMMIT SUICIDE

When an act is considered an attempted suicide? Does my mother commit an attempt to suicide every time she fasts for the long life of my father? The answer clearly is 'no', because these people never had the intention to end their lives, and so obviously did not make a declaration to that effect. However, when Ms. Medha Patkar undertook a 'fast unto death' in order to protest against the Narmada dam, she was arrested and charged for attempted suicide. Declaration of
15
intent here becomes an important element, especially because there is really no other way to prove an intent to die. This would imply that a person, who participates in bungee jumping without adequate precautions, commits no offence because he has not expressed any intention of ending his life. However, mere declaration is certainly not conclusive of the offence, and the person concerned must have done everything in his capacity to ensure his death. Going back to the hunger strike example, unless strikers refuse to take nourishment till the point that it poses grave danger to their life, they cannot be booked for attempt to commit suicide. Therefore the important considerations here are that the person attempting suicide must possess sufficient means and the adequate will power to complete the act. Summing up, the elements to constitute the offence are: 1. A declaration of the intention to commit suicide 2. Acts done which go towards the intention of self-destruction and pose a threat to the person's existence. Don't we have a right to take our own life? We are aware that in our country, all of us have the right to enjoy our life the way we want to. But does this mean we also enjoy the right to take away our own life when we no longer feel that it is worth living? The Constitution of India answers this question in the negative, whereby there is no right to die as the flipside of the right to live and thus an attempt to commit suicide becomes an offence. Since suicide has not been defined anywhere in law a standard dictionary definition, i.e. suicide as 'an act of self-destruction' may be adopted as a working definition. What is the punishment for this offence? Imprisonment for up to one year or a fine or both. This however is problematic to a certain extent, because anyone attempting to commit suicide needs treatment and counseling and not punishment, which is why countries like the USA and UK do not recognize this offence.
SIMPLE HURT AND GRIEVOUS HURT

What do these offences consist of? These are offences which cause bodily injury to a person but not to the extent of causing death of the victim. At the very outset 'hurt' can be classified into two categories depending on the seriousness of injury caused to the victim: simple hurt and grievous hurt. What is the difference between simple and
16
grievous hurt? Simple Hurt: This is caused when any individual acts in a manner such that bodily pain, disease or any other damage is caused to another. Thus, when X shoves Y, causing him to fall resulting in minor bruises, he merely causes simple hurt. Grievous Hurt: This covers 8 specific kinds of hurt: 1. Emasculation, 2. Permanent loss of eyesight in either ear, 3. Permanent loss of hearing in either ear, 4. Permanent loss of any joint or organ, 5. Permanent distortion of the head or face, 6. Fracture or dislocation of a bone or tooth, 7. Any kind of life endangering damage caused to the body, 8. Any damage to the body, which disables the victim from carrying on the activities of everyday life for a period of twenty days or more. Again the intention or knowledge of the accused plays a crucial role in bringing him or her within the scope of this offence. This becomes especially important in cases of grievous hurt because law requires that the accused should have caused the injury to the victim, knowing that he was causing grievous hurt. Thus, when X throws acid on Y's face knowing that it would permanently disfigure it, he causes grievous hurt. What is the punishment for these offences? Imprisonment for up to a year, or fine up to a thousand rupees, or both. In the case of grievous hurt, such imprisonment may be for up to seven years. In addition to the above two categories, the law has envisaged several circumstances in which hurt may be caused, and seeks to punish each of them specifically in order to maintain a fair distinction in punishment depending on the degree of seriousness of the offence. Some of these are: Voluntarily causing hurt by dangerous weapons or means, Voluntarily causing hurt in order to wrongfully extract property from somebody, Using poison to cause hurt, Voluntarily causing hurt in order to force an individual to give a
17
confession of some sort, like in the police station where officials resort to use of force to extract confessions from accused persons. Voluntarily causing hurt such that an obstruction is placed before a public servant in doing his duty.
WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

What is the difference between wrongful restraint and wrongful confinement? The difference between wrongful restraint and wrongful confinement is that while restraint entails obstruction in proceeding in a particular direction in which the person has a right to proceed, confinement covers more than just restraint and entails limiting a person's movement to a small defined space. Which of these is wrongful restraint? Suppose a person places a huge log on a public road, with the intention of robbing any passerby. On the other hand, if a person is locked up in a room with no easy means of escape. In the first example, even if no robbery takes place, the offence of wrongful restraint has taken place. People have the right to move freely along that road, and whoever gets stuck on that road is suffering from a violation of that right. In the second example, the movement of the person who is locked up is restricted within the confines of the room and not in a particular direction. Therefore, this amounts to wrongful confinement. Do you have to be locked up to be wrongfully confined? However, this does not mean that confinement necessarily requires putting a person under lock and key. As long as movement is restricted within a particular boundary it amounts to confinement. For example when Veerappan kept Rajkumar in the forest, he did not lock him up but Rajkumar nonetheless could not move wherever he wanted and thus can be said to be confined.
18
Both these offences require that the act be done with wrongful intent. What is the punishment for these offences? 1. 2. Wrongful restraint: imprisonment for one month or a fine of Rs. 500. Wrongful confinement: Fine of Rs. 1000 or one year's imprisonment. The punishment would increase if the confinement is for 3 days or more or if it is done with the intention of blackmailing.
ASSAULT AND CRIMINAL FORCE

What is criminal force? Our criminal law punishes anybody who uses force against another person with the intention of hurting him or causing him injury or even in order to help him commit some other offence. This is called criminal force. What is Assault? The law even punishes a person who causes fear in you that you may be hurt or injured by the use of criminal force. This is called assault. For example: I hate Bheema. If I slap him on the face it would be criminal force. But if I clench my fists and gesture as if I am going to punch him and it causes fear in him that he will be hurt, it will be assault. But if I just threaten him in jest that I will beat him up, I do not commit any offence. What is the punishment for these offences? Assault: Criminal Force: Unless it is used under grave provocation, imprisonment for three months or a fine of Rs. 500. Varies depending on the reason for which it is committed.
KIDNAPPING AND ABDUCTION

What is kidnapping? Kidnapping means child stealing, and is an offence when any person takes a boy under 16 years of age or a girl under 18 years of age from the guardianship of his or her parents without their consent. It is also an offence to entice such a child to leave the custody of his or her guardian. To take such a child out of the borders of India without proper consent also constitutes kidnapping. This may be done completely innocently, without any criminal purpose, but it would still be an offence.
19
What is abduction? Abduction can be of a person of any age. While kidnapping is an offence under all circumstances, abduction has to be accompanied with an intent or purpose in mind, without which it is not an offence. It also necessarily requires use of force, compulsion or deceit. Thus, when 'Ravana' in Ramayana forcefully takes away Sita with the objective of an illicit relationship, he commits the offence of abduction.
UNNATURAL OFFENCES
What is an unnatural offence? The Indian Penal Code states that for an unnatural offence to be proved, there are four ingredients which have to be established:The person should have had carnal intercourse with any man, woman, or animal. This intercourse should have been against the order of nature. The person accused of this act should have done it voluntarily. Penetration should have occurred. What is meant by intercourse? The Indian Penal Code specifies that penetration is sufficient for the meaning of intercourse. This means that even if the penis has partially penetrated any orifice, it would amount to an offence. Discharge of semen is not an essential ingredient for an offence to have occurred. What is meant by the 'order of nature'? The understanding of the term is based on the notion that prevailed in the 1860's in Britain when the criminal laws were first written that the only purpose of sexual intercourse is reproduction, and any sexual activity that will not lead to reproduction is immoral, and must be punished. Therefore, sexual intercourse is considered normal and according to the order of nature if it involves a relationship between a man and a woman, where there is penetration of the vagina of a woman, by the penis of a man. The primary objective of sexual intercourse is procreation. Any act which occurs to excite passion and a desire for coitus, or sexual intercourse as defined above is also deemed to be within the order of nature. However, an act which replaces the desire for coitus is, under Indian law, considered to be against the order of nature, and is perversion. Oral intercourse is considered against the order of nature, as is sodomy, (intercourse through the anus).
20
Section 377 as it stands today

In the case of Naz Foundation v. NCT, before the Delhi High court, in 2009, homosexuality which generally means sexual desire or passion directed towards a person of the same sex, between two consenting adults has been excluded from being an offence. The section however still applies to non-consensual homosexual acts, bestiality, paedophilia, etc. The judgment is a result of a decade-long struggle to remove this archaic, colonial-era law from the law books. However, this judgment has been challenged by some private parties before the Supreme Court of India. The Government of India has not lent support to this appeal. The ruling of the Supreme Court is still awaited. What is the punishment for an unnatural offence? The punishment for such an offence includes imprisonment for life or imprisonment for a term of up to ten years, and the person can also be liable for a fine.
21
OFFENCES AGAINST property
22
This Chapter will deal with crimes that may be committed against the property of individuals. These may be divided into three broad categories. First, we look at the crimes under the Indian Penal Code that deal with people taking away other people's property dishonestly. This takes different forms and based on how this is done, several different crimes are defined. The second includes the destruction that is caused to property in order to cause loss to another person. The last category relates to an offence that is concerned with documents and tampering with them in different ways for wrong purposes. These would fall under the offence of forgery.
THEFT
What is theft? When a person takes any movable property, which belongs to another person without the consent of that person, with the idea of gaining something from it or making the person from whom it is taken, incur a loss the offence of theft is committed. Movable property includes everything that is not fixed to a particular place. It would include things like jewels, books, documents, clothes, food etc. Radha goes to her friend Rani's house. As they are talking, Rani gets a phone call and goes out of the room to take it. As Radha looks around she sees a very pretty bracelet on Rani's dressing table. Knowing well that Rani would not lend it to her; she stealthily takes it and puts it inside her handbag wanting to wear it for the party that evening. This is a clear case of theft as Radha had an intention to cause wrongful loss to Rani and she removed the bracelet out of the possession of Rani. In the same situation, if Radha on seeing the bracelet mistakenly thinks that it is her own bracelet which she had left behind at Rani's place, and takes the bracelet under that belief, it will not be theft as there is no intention on Radha's part to cause wrongful loss or gain. What is the punishment for Theft? The punishment for theft varies from a fine to imprisonment which might extend to a period of three years. If the stolen object is a valuable one, a person might be fined and also imprisoned.
23
EXTORTION
What is extortion? Extortion is committed when a person instead of taking the property himself (moveable or immovable), makes the owner surrender the property by putting him under some fear or by blackmailing him with some terrible consequence. The only difference between theft and extortion is the way in which it is committed. Arjun threatens Bheema who is a famous politician that if he does not give him 5 lakh rupees, he will give reports to news channels that Bheema was involved in a major corruption scandal in his constituency. If Bheema gives the money under the fear of Arjun's threat, it would amount to extortion. What is the punishment for extortion? The punishment for extortion is the same as for theft. That is fine and/or three years imprisonment.
ROBBERY
What is robbery? Sometimes, in order to steal successfully, the thief might put or attempt to put someone's life in danger. When the theft is accompanied by putting the life of the victim in immediate danger, it is called robbery. Bheema wants to break open the SBI ATM at Nagarbhavi. In this process, he beats up the security guard standing outside. It amounts to robbery. In such a case, Bheema has not only committed theft but also robbery. In the above situation, if Bheema had put a knife near the security guard's throat and made him open the ATM and give him the money under a fear of death, it is a case of extortion that is turned to robbery. What is the punishment for Robbery? Punishment for robbery is greater than punishment for theft and might be imprisonment up to ten years. If committed at night, it would even extend to a period of fourteen years DACOITY What is Dacoity? Dacoity is any robbery in which five or more people are involved. A peculiarity in dacoity is that while committing the offence, if one of them commits a murder, all of them would be held liable for it. If in the above ATM example, Bheema, Arjuna and Dharma were involved in beating up the guard and breaking in, while Nakula was involved in turning off the security alarm and if Sahadeva was waiting at the end of the
24
road with a car for all of them to escape, ALL FIVE will be punished for dacoity and if one of them kills the watchman in the process, all five will be punished for murder also. What is the punishment for Dacoity? People who are part of the dacoity might be punished with death or imprisonment with life, or a severe imprisonment for a period extending to ten years sometimes clubbed with fine. In other cases, when there is no murder, the punishment is restricted to imprisonment and fine and does not go to the extent of a death sentence. MISAPPROPRIATION What is misappropriation? If a person receives movable property in a neutral manner (in good faith without any wrong ideas) and then dishonestly uses it or moves it such that actual owner cannot enjoy possession, for his own benefit, it is called misappropriation. Ram is given money in order to buy groceries for his roommate and he proceeds to use that money to buy cigarettes for himself, he is guilty of misappropriation. Ravi collects lots of old clothes from the neighbourhood stating that it is to be distributed for Tsunami relief and then sells it all in a jumble sale, it would amount to converting it his own benefit and hence it would be misappropriation. There are three important components of this offence: 1. The movable property should come to the offender in a neutral manner. 2. He should then misappropriate it dishonestly - this can even be temporary. In the first example, if Ram had used the money to buy cigarettes and had the intention of withdrawing money from his ATM to buy the groceries, he would still be liable for misappropriation, if the person who gave him money confronts him in the interim. 3. In case a person finds some lost property, if he keeps it for his own use, he is guilty of misappropriation if he knows the owner and does not find him or if does not keep it for a reasonable time to allow the owner to find him. What is the punishment for misappropriation? The punishment for misappropriation is imprisonment for 2 years, or fine or both.
25
CRIMINAL BREACH OF TRUST

What is criminal breach of trust? This offence is similar to misappropriation. It involves a situation where a person is entrusted with some property and he proceeds to misappropriate it in a dishonest manner. Ali is entrusted with maintaining Bob's house till Bob returns from a vacation. Here, Bob has obviously trusted him with his property. If Ali goes on to sell the house to make some money, he has not only misappropriated the property but also breached Bob's trust. Hence, he'll be guilty of criminal breach of trust. What is the Punishment for criminal breach of trust? The punishment for criminal breach of trust is imprisonment up to 3 years or fine or both.
CHEATING
What is cheating? If a person deceives another, making him: Deliver some property or agreeing to retain some property so that it is detrimental to his interests; or To do something which he would have otherwise not done so that it causes an injury to him, That person is said to commit the offence of cheating. This deception can be done by concealing some vital facts too. Rahim makes Bhola give him some money by making him think that it will be returned. At the time of taking the money itself, Rahim had no intention of returning it. Rahim has cheated Bhola. Another instance would be if Rahim sold something to Bhola telling him that some celebrated manufacturer made it when it is not really the case. To make Bhola believe this, he also puts a fake sticker. This would also be a situation where Rahim cheats Bhola. What is the Punishment for cheating? The punishment for cheating is imprisonment up to 1 year or fine or both. If property is actually delivered as a result of the deception, it can be punished with imprisonment up to 7 years and a fine.
RECEIVING STOLEN PROPERTY

If a person receives stolen property knowing or at least having some reason to suspect that it is stolen, that is also an offence. If Mary goes to National Market (a market where smuggled goods are dealt in) and gets a cell phone, and later on, it turns out to be stolen, she can be
26
punished for this offence as she a reason to believe that the cell phone was stolen. She will not be guilty if she made enquires and satisfied herself that it was not stolen. What is the Punishment for receiving stolen property? A person who receives stolen property can be punished with imprisonment up to 3 years or a fine or both.
MISCHIEF
What is mischief ? Any person who causes the destruction of any property, or causes any undesirable change in property is guilty of the crime of 'mischief'. However, it is important to keep in mind that the person should have done such an act knowing fully well that damage or loss would be caused by his/her act. If a person was completely unaware of the consequences of his/her act, or if it was an accident, it will not be mischief. Seema burns a tree belonging to Geeta, which is located in Geeta's premises. Here, Seema is guilty of having caused a wrongful loss to Alice by destroying the property. Rahul vandalizes a public wall by using spray paint to write obscene slogans on it. Rahul is guilty of mischief by causing an undesirable change in public property. Certain other specific kinds of mischief that the law recognizes are: Mischief by killing or maiming an animal, Mischief by damage or destruction to sources of water supply for irrigation, Damage to public road, bridge, river or channel, Obstruction to public drainage, Destroying or moving a landmark placed by public authority, The use of fire or other explosive substance to commit mischief, Damage caused to a sea vessel. Hence, it may be seen that the law seeks to protect the right to enjoyment of private and public property by the citizens of India by comprehensively listing out the types of damage and loss that can be classified as 'mischief'. What is the Punishment for mischief? Any person guilty of mischief may be imprisoned for up to three months, or get fined, or both. The punishment for mischief is outdated in some regards and hence, is in serious need of amendment. For example, the law
27
classifies offenders into categories such as causing damage to the amount of rupees 10, causing damage to the amount of rupees 50, etc. These figures were incorporated into the Indian Penal Code in the year of its codification i.e. 1860, and have not been updated since. In certain cases, the punishment also depends on the things used to cause the loss. For instance, any mischief caused by fire, bombs or other similar substances are by very nature too serious and therefore attract greater punishment, imprisonment extending to a period of seven years.
CRIMINAL TRESPASS AND HOUSE BREAKING

What is criminal trespass? If a person enters the premises of another with the intention of committing any offence, or even to scare or insult the owner of the property, he is said to commit criminal trespass. If a gang of thieves enters your school with the intention of removing all the new expensive equipments in your lab, they would have committed the offence of criminal trespass even before they stole the equipment. This is because the school premises does belong to them and they have unlawfully entered it with wrongful intention. If such an entry is done into a house or any kind of building, tents or a vessel it is called house trespass. Added to that if a lot of precautions are taken to hide the same, it is called 'lurking house trespass'. If the same is committed during night, it is called 'lurking house trespass by night'. What is house breaking? The phrase 'house breaking', which we use commonly, has a specific meaning in the Penal Code. If a house trespass is carried out in any of the following ways, it is called House Breaking. If a person, enters or leaves the house; through a passage in order to commit house trespass, or through a passage not intended for human usage, or by climbing over a wall, through a passage which he opened during house trespass, or by opening/breaking any lock placed by the owner, or by unfastening any door, or by usage of criminal force or assaulting or threatening any person with assault he will have committed the crime of house breaking. For example, Remo wants to break into Ron's house. If in order to do so, he makes an underground passage into Ron's house through the neighbouring empty plot, it is house breaking. If he enters through a window also it is house breaking, since that entrance is not usually meant for human entry.
28
The third circumstance is when Remo opens the fastened door or breaks open a lock in order to enter into Ron's house. If in order to break into the house, Remo beats up the watchman or poisons him, it would also amount to house breaking. What is the punishment for criminal tresspass & house breaking ? House breaking is different from theft or robbery in that for those two offences, there should be the removal of some movable property. House breaking includes criminal trespass not just for stealing things for wrongful gain but also even to intimidate or insult a person. Punishment for criminal trespass and house breaking The punishment for criminal trespass is imprisonment for three months or a fine of five hundred rupees or both. For house trespass, the punishment maybe a fine of one thousand rupees or one year imprisonment or both. These are the basic punishments. The punishment increases proportionately if it is lurking house trespass, if the same is done at night, if grievous hurt or death is caused in the process etc.
FORGERY
What is forgery? In common parlance, the term 'forgery' means the counterfeiting or making of false documents. According to the Indian Penal Code, forgery is committed when a person makes a false document with an intention to cause damage or get a wrongful gain. Now, we come to the question of what is a false document. According to the law there are three categories into which these false documents may be divided. 1. When someone tries to make others believe that a document has been signed or made by someone who has not actually made it. 2. When someone significantly alters, i.e. makes changes in a document already made by another person, without his or her permission. 3. When the forger makes another person sign a document about which the person signing is misinformed or not fully aware of. For example Rama, makes a deed that says Shama gifts his property to Rama and imitates Shama's signature on it to make it appear that Shama actually has gifted property to Rama. In this case, Rama is guilty of forgery. Let us now take another example. Bheema makes a deed transferring his property to his daughter Radha. Rahul cunningly changes the document
29
later so that it says that Bheema has gifted his property to Vikram who is Rahul's associate. Rahul is now guilty of forgery. Taking another example, Boramma is an old woman who cannot read very well and has poor eyesight. But over the years she has accumulated a lot of property. She wants her grandson Chandru to get it after her death. She asks her lawyer Rahul, to draw up a will bequeathing the property to Chandru. But Rahul, being a greedy man, drafts a will that gives some property to his associate Vikram. Then he tells the Boramma, the old woman, that the will is as she wants it. Boramma innocently signs it. Rahul is guilty of forgery. Not only is it a crime to make a forged document, it is also a crime to use a forged document once the person knows that it is a forged document. A person convicted of using a forged document shall be punished just as if he had produced the forged document. In fact, even possession of a forged document with intention to use it later is punishable. It is also a crime to possess instruments to commit a forgery. For example if a person has counterfeit seals and knows that they are fake and intends to use them he is guilty of forgery. Even a destruction of a will or other document with wrong intention amounts to forgery. What is the Punishment for forgery? The punishment for a person convicted of forgery may extend to life imprisonment with fine depending on the nature and seriousness of the crime. It is important to maintain original documents carefully, for this reason, because forgery cannot be detected if there are no original documents with which the forged documents may be compared.
30
OFFENCES AGAINST WOMEN
31
CRUELTY
When is a person guilty of the offence of Cruelty? Any sort of conduct which causes grave injury (mental or physical) or causes danger to the life or limb of a woman is called cruelty. It includes behavior which might make a woman commit or want to suicide. Abusing or harassing a woman for dowry is also considered to be cruelty. Examples of cruel behavior may include: Not allowing the woman to meet her family and friends. Physically injuring the woman. Insulting and humiliating her in front of family and friends. Not satisfying her basic survival needs. Any act apart from these which cause physical, mental and emotional harm. Who can be punished for this offence? The husband and any relative of the husband may be punished for this offence. What is the punishment for this offence? Imprisonment for a term extending to three years and may also include a fine. What other options are available if a woman faces cruel behavior? If a woman is a victim of harassment or cruelty (however mild it may be) she may get a court order (popularly known as a restraining order) prohibiting or restricting the guilty person from coming close to her and punish him with imprisonment if he does not follow the order. This order is called an injunction and is available to all women under the Domestic Violence Act, 2005.
DOWRY DEATH
What is dowry? Dowry means any valuable property or asset that is given (or it is agreed that such property or asset will be given), by any method, from one party to the marriage to the other party. The giving of any valuable property etc., by any person before, during or after marriage or in connection with the marriage would also fall within the definition of dowry. What is Dowry death? It is called dowry death when a woman dies under unnatural circumstances due to harassment for dowry. It can either be suicide induced due by harassment for dowry or murder in relation to dowry harassment. It must be proved that the harassment had occurred soon before the death.
32
What does the law punishing dowry death intend to do? This law punishes the husband and / or his relatives if the woman dies due to burns or bodily injuries or if her death occurred under mysterious circumstances within seven years of marriage if soon before her death, her husband and/ or his relatives had harassed her or behaved cruelly towards her in connection with a demand for dowry. What is the meaning of the term soon before ? Since it is necessary that the victim be treated cruelly soon before her death, in order to hold her husband or his relatives guilty for her death an incident or a series of incidents must have happened soon before her death. For example, if the last dowry demand was made in February 2005 and after this she was treated cruelly till February 2006 and she died an unnatural death in June 2007, this would not amount to a dowry death because the cruelty and harassment had stopped one year four months before her death. The term soon before has no precise definition and its meaning depends largely on the facts of each case, which can be understood differently by different Judges. What is an unnatural death? An unnatural death would be one where death has not occurred due to natural reasons or has occurred under suspicious circumstances. The conduct of the husband and/ or his relatives after the death may also be taken into account to infer whether death occurred under suspicious circumstances. For example, if a woman dies in the middle of the night and her in- laws and her husband cremate her body within a few hours of the death without informing anyone else of her death and then claim that she died of a heart attack, one may infer that she died under suspicious circumstances. Suicide would amount to an unnatural death and would be a dowry death if the rest of the ingredients are satisfied. How is it determined whether dowry death has occurred? Unlike in other crimes, in the case of a dowry death, the burden of proving innocence is on the person who has supposedly committed the crime. All that the person who has complained needs to show is that the marriage took place within the previous seven years and that the girl/ woman was subjected to physical or mental torture before her death. This peculiar treatment has been given to this offence because of its social importance. For example: Radha and Ravi have been married for the past two years. Radha's father had promised to give Ravi, a car for their marriage. But, due to a business loss, he was not able to keep up his promise. Ravi's mother and sister are in want of the car which they plan to use for the sister's marriage.
33
They pressurize Radha for the car and send her to her father's house. He father convinces Ravi's parents and sends his daughter back promising that he would buy Ravi the car in one month. The next week Radha dies due to severe burn injuries. Ravi's family claim it was because the stove burst In this situation, the dowry demands made by Ravi's family are recent and Radha's death would be considered as dowry death until it is proven otherwise by Ravi and his family. If they are not able to prove the same, the accused would be punished with at least seven years imprisonment. The punishment may sometimes extend to life sentence also.
BIGAMY
What is Bigamy? If a person marries again while his or her spouse is still alive, that person is guilty of the crime of bigamy. This means that if a man marries a second time while his wife is still alive, and has not been legally divorced, then the man has committed the crime of bigamy. The same thing applies to a woman who marries in the lifetime of her husband. This offence criminalizes more than one marriage by any person of any religion except a Mahommedan male, who is permitted to have more than one wife, according to Muslim law of marriages. What is not Bigamy? Both the first and the second marriage must be valid for this offence to be committed. If the first spouse is alive but a court has declared the first marriage void or a divorce has been taken, the offence of bigamy is not committed because the second marriage is not prohibited in this case. Further, if the second marriage is not valid, the offence is not committed. For a marriage to be valid, it has to be conducted in a proper manner, and the essential ceremonies, as required by the law, have to be performed. Also, if at the time of marriage, the first spouse has been missing for a continuous period of seven years and has not been heard of as being alive, then the person intending to marry may inform the proposed spouse of the state of affairs, and then may legally marry again.
34
What is the punishment for this offence? A person committing bigamy may be sentenced to simple or rigorous imprisonment extending up to seven years and shall also pay fine.
ADULTERY
When is adultery committed? 1. A man must have consensual sexual intercourse with a married woman; 2. He must know or have reason to believe that she is the wife of another person; 3. If the husband consents to his wife having an adulterous relationship, or assists the same, he cannot complain of adultery. What is not adultery? Only a man can be guilty of adultery, when he has had sexual intercourse with someone's wife. A woman who has had intercourse with someone's husband cannot be held guilty of adultery. For example, if Lata is an unmarried woman who has intercourse with Hari, who is married to Mala, neither Lata nor Hari can be held guilty. If, however, Lata is married to Shiv, and Hari knows this when he has intercourse with her, then Hari can be held guilty of adultery, and Lata can be punished for abetment. Who can complain? Complaint must be made by the husband. In the event that the husband is absent, it may be made by a person who was taking care of the woman at the time of commission of the offence. Who is guilty of this offence? This law punishes the man who has sexual intercourse with the wife of another man. The married woman is not considered guilty. The wife may be punished, as an abettor to the crimesomeone who has helped in the commission of the crime. What is the punishment for this offence? The offender may be sentenced to simple or rigorous imprisonment of up to five years or with fine or both. The punishment for an abettor, in this case the wife, can be the same as that of the guilty person.
RAPE
When can a person be guilty of committing this offence? A man must have sexual intercourse with a woman. This sexual intercourse must be either without her consent or against her will.
35
What is meant by sexual intercourse in the context of rape? For the purpose of rape, sexual intercourse means penetration of the penis of a man into the vagina of a woman. Penetration need not be complete and the act need not end with ejaculation. Even partial penetration is sufficient. What is consent? Consent implies that the woman must voluntarily participate in the act and that she must have agreed to it, without any external pressure being put on her. Consent is not freely given if: 1. Consent is obtained by blackmail or threats. 2. Consent is obtained by putting her or anyone she knows in danger. 3. Consent is obtained because she is intoxicated or mentally unsound at the time of giving such consent. 4. Consent is obtained because she is under the influence of any substance which has been given to her, as a result of which she does not understand what she is giving consent to. 5. Consent is given by her because she thinks the man she has given consent to is her husband when he is actually not her husband. 6. Consent given by a girl under the age of sixteen is not considered consent because she is considered incapable of making these decisions. Further, if a man has sex with his own wife and she is over the age of fifteen, consent does not matter. If in a family consisting of Mr. Kumar, Mrs. Kumar and son Kamal, the son has sexual intercourse with their maid servant, Geeta, without her consent or against her will (established during medical examination by presence of marks on the victim's body signifying struggle), Kamal can be held guilty of rape. Penetration is essential for the commission of rape. Hence, mere exposure of genitalia does not amount to rape. If Geeta, being under sixteen years of age, indulges voluntarily in sexual intercourse with Kamal, the act still amount to rape. What is the punishment for being guilty of having committed Rape? The prescribed penalty for a convicted rapist in most cases is a minimum of seven years and a maximum of ten years in prison. However, there is a major loophole present here: in all cases, the court may, for 'adequate and special' reasons, reduce the sentence, and this discretion has been repeatedly
36
abused, for decreasing sentences for irrelevant reasons such as the rapist's age, or his income level. Also, the maximum penalty for raping one's wife, if she is between the age of 12 and 15, is only two years' imprisonment. Special circumstances where the punishment is higher: In certain circumstances, the minimum sentence to be given is 10 years rigorous imprisonment which may be extended to life and fine. This happens in the following cases: 1. 2. 3. Where the woman is pregnant; Where she is a girl under the age of twelve years; Where she has been gang raped (Raped by more than one person, in a group which intended to rape her. Also note that if there are 5 people and one rapes the woman, whereas the rest assist him, they will also be liable for gang rape). Where she has been raped by a public servant (a person who works for the government), a police officer, the management or staff of a hospital or the management and staff of a jail, remand home, or other place of custody or of a woman's or children's institution who took advantage of their position in doing the same. A public servant would include a judges and officers of the court, officers of the Armed Forces, any person holding an office through which he is empowered to keep others in confinement, or to prevent offences.
4.
Thus, if Geeta goes to the police station to lodge an FIR and any of the policemen commits rape on her either in the station or anywhere else, he will be liable for ten years of minimum mandatory punishment. However, in this case also the judge may reduce the punishment by giving special and adequate reasons for the doing the same. What have been the changes effected in the law relating to Rape? The law dealing with rape was changed in 1983, so now if the victim denies having consented to sexual intercourse; the Court shall presume that she did not consent. Also, certain new sections were introduced in the IPC, to curb sexual abuse of women by men who exercised a degree of influence over them, such as intercourse by a judicially separated husband, or by a public servant with a woman in his custody, or by the superintendent of a jail, etc., which though not amounting to rape were nevertheless considered highly reprehensible. However, it was only in 2002 that Parliament passed a law to prevent a rape victim from being questioned about her past sexual conduct and her 'general immoral character', reflecting the persistent biases that prevails against such hapless victims in the criminal justice system.
37
Are there any precautions to be taken when filing a complaint of rape? Blood and semen stains on clothes and body of the victim help in the identification of the accused and also in proving the crime. Therefore, it is important that the victim subjects herself to medical examination at the earliest. The woman must not have a bath, clean herself or wash the clothes that she was dressed in at the time of the rape, before getting herself medically examined. In 2006, the law has made medical examination a matter of right.
SEXUAL HARASSMENT
What is the kind of behavior that is termed 'sexual harassment'? According to the Supreme Court, any unwelcome sexually determined behavior is sexual harassment. This may be direct or indirect, verbal or physical. Physical contact and advances, though this is not essential Showing indecent pictures or other material. Demanding or requesting sexual favors. Sexually colored remarks. Any other conduct which is sexual in nature and makes the woman feel uncomfortable. What is the essence of the conduct required to constitute this offence? 'Sexual harassment' has, thus, been recognized as a distinct offence, the crucial ingredient of which is the unwelcome nature of the behavior. Clearly, it is the effect of the behavior on the recipient which is relevant in determining whether the offence of sexual harassment has been committed, rather than the intention of the person behaving in this manner. For Example: Ashwini is a well-qualified Chartered Accountant who works in a private company. Most of her colleagues are men and she has been trying hard to fit into the work atmosphere. For the past few weeks, Ashwini's immediate senior, Arvind, has been making her uncomfortable. She has found him staring at her when she is not looking and discussing her figure with other male colleagues. Yesterday, he invited her out to dinner to discuss her career prospects and her future with him. Ashwini does not know how she should respond, especially since the year end bonus discussions are about to commence soon and Arvind will have a large say in considering her bonus. Arvind is also related to Anthony, the owner of the Company.
38
Is Ashwini being sexually harassed? Yes, she is. The issue is not what the harasser intended but what the impact of his conduct on the victim was. The fact that Ashwini finds Arvind's conduct has sexual meaning and she is not comfortable with it makes it sexual harassment. Since there is no one in the Company who will listen to Ashwini, where can she go? Ashwini has the option of approaching the police. Much of the conduct that is now recognized as sexual harassment at the workplace is also a crime. For example, if a co-worker constantly pushes or rubs against a woman coworker in the office, he can be prosecuted for outraging her modesty and faces up to 2 years in prison, fine or both. Secondly, if a person makes lewd gestures, displays objects or like Arvind, says things that a woman employee finds offensive against her he can be punished with one year's imprisonment and fine. Also, if a person circulates obscene pictures of a woman, he can be punished with two years imprisonment and fine. Most importantly, if a person, forces a woman to have sexual relations with him, on the promise of giving her a raise or a promotion, he can also be prosecuted for rape. What are the guidelines to be followed to prevent sexual harassment? The Supreme Court has laid down several guidelines to provide for effective enforcement of the rights of working women to a work atmosphere in which their dignity is preserved, and to provide for a meaningful guarantee against sexual harassment. Employers, whether in the public or the private sector, must take appropriate steps to prevent sexual harassment. This may include: Express prohibition of sexual harassment, and prescribed penalties prescribed in the rules and regulations of employers, which should then be circulated among the employees. Appropriate work conditions should be provided in respect of work leisure, health, hygiene, to ensure that there is no hostility towards women in the workplace, and no woman should be given reasonable grounds to believe that she is disadvantaged in connection with her employment due to her sex. Where such conduct amounts to a specific offence under any law, the employer must file a complaint with the appropriate authority.
39
Filing of Complaints:
Employers must form a Complaints Committee, headed by a woman. ii) Half the Members of this Committee must also be women. iii) The procedure for acting on complaints must be time- bound. iv) Complete confidentiality should be maintained. So in the earlier example, how does the Complaints Committee help? The employer must implement whatever decision the Committee gives, without favoring Arvind. If there are some rules in the organization itself that would help Ashwini, Anthony must enforce those rules also. If Ashwini wants to approach the police, Anthony must help her make the complaint and assist in the proceedings. In all this, Anthony must also ensure that Ashwini is not made to feel bad that she made the complaint and her pay, her work or her promotions are not affected in any way by the complaint. What are the other pertinent provisions dealing with 'Sexual Harassment? Several other penal provisions also deal with sexual harassment of women in general, such as if a person insults a woman's modesty, in a public place, by way of either obscene acts or songs that cause annoyance to the said woman or to any other person, he shall be punished with a maximum term of three months' imprisonment or with fine, or with both. Further, if a person, by uttering any word, making any sound or gesture or by exhibiting any object, with the intention that such word or sound be heard, or that such gesture or object be seen, by that particular woman, or by intruding upon the privacy of such a woman, he shall be shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. i)
40
MAINTENANCE
41
Maintenance is the provision of food, clothing and other basic necessities for one's spouse, children and aged parents. Its amount depends on the status of the parties, their income and other circumstances. When the dependants are living with the breadwinner, the breadwinner will provide these directly to them. However, if he fails to provide them with these basic amenities, the law can step in and direct him to provide the amenities. If the dependents are living separately from the breadwinner, the onus will be on him to provide for them either directly or indirectly. Providing indirectly means that he shall give them money on a periodical basis or in the form of a lump sum. He can also give them portion of his property. Let us now see how it operates in various communities. Among the Hindus, the wife can live separately from the husband and still get maintenance under certain circumstances. These circumstances arise when he has deserted her and does not care for her. It may also be when he is cruel to her and she feels unsafe living with him, or when he has another wife or concubine with whom he habitually resides. If he has a contagious disease or converts to another religion also she may live separately from him and still get maintenance. Under Muslim Law too, a divorced woman is entitled to maintenance from her former husband, which he must pay within the Iddat period. Iddat is the waiting period prescribed under Muslim Law, after which the woman can re-marry. The former husband also has to pay her in cases where she herself maintains children born before or after the divorce. This maintenance has to be for the period of two years after the child is born. She is also entitled to receive the amount agreed to be paid to her by the husband (Mahr or dower), at the time of marriage or after it according to Muslim law, as well as all property given to her by friends or relatives for her marriage. Any person may apply for maintenance by filling up a form for maintenance available at every district court. It is known as the petition for maintenance. There are separate forms for wives, children and parents applying for maintenance and these people can ask the court to grant them maintenance by filling the relevant form.
42
INCHOATE OFFENCE
43
Inchoate offences mean incomplete offences. In the case of inchoate offences, a person can be punished even if the offence intended by him / her has actually not been committed. For example, a person may be held guilty for conspiracy even when the end towards which it was directed could not be realized. This chapter discusses three inchoate offences namely attempts, abetment and conspiracy.
ATTEMPT
Why should one be punished for merely attempting a crime? Let us assume that Mr. Kumar decided to murder Mr. Sinha. However, as soon as he pulled out his gun and started to take aim, a police officer arrived on the scene and disarmed him. Though Mr. Sinha was not harmed it is important that Mr. Kumar be punished. This is because he has already shown a criminal intent through his conduct and he may try to carry out his intention in future. Also, if attempting was not a crime the police officer may have incurred the risk of false arrest. Thus making attempts criminal offences helps the police in preventing crime. When can one be punished for an attempt? In order to punish Mr. Kumar for attempting murder, two things will have to be proved by the prosecutioni) He had a clear intention to commit murder. For example, if he merely wanted to cause grievous hurt by shooting at Mr. Sinha's leg, he can be acquitted, because the intention was not to murder. He may then have the intention to cause grievous hurt, but not to murder. He did an overt act towards the commission of the murder. Such an act should have been more than mere preparation, but it need not have been the act just prior to committing murder like the pressing of the trigger. As soon as he pulled out the gun, the preparation stage was terminated and any further act will make him liable for an attempt.
ii)
Whether the overt act is mere preparation or an attempt depends on the facts of each case. There is no hard and fast rule to determine this. The only guiding factor is that it should have been close in terms of time or facts to the intended offence. This means that the preparation may either have been just before the offence was committed, or if the offence was a long drawn process, then preceding the offence in the sequence of events.
44
Should one be punished even if the attempt could not possibly have resulted in a crime? Suppose Mr. Kumar's gun did not have bullets in it but he realized this only after he had pulled the trigger. He would still be guilty of attempting murder even though his firing from the gun could not possibly have killed Mr. Sinha. But if instead of trying to kill Mr. Sinha, Mr. Kumar had tried to commit adultery with his wife, not knowing that they had divorced some time back, he would not be liable for attempting adultery because at that time she had not been Mr. Sinha's wife. So even though Mr. Kumar had intended to commit adultery yet he would be acquitted because consensual sexual intercourse with an unmarried woman is not an offence under Indian law. How is an attempt punished? 1. When the crime attempted is a very serious one like waging a war against the government of India, rescuing a prisoner, promoting class hatred et al., then no distinction is made between the commission of the crime and an attempt to commit it, and the punishment for both is the same. When the crime intended is murder, culpable homicide or robbery, an attempt will be treated as a separate offence carrying a lesser punishment. A person who has attempted murder shall be sentenced to imprisonment for a period which may extend to 10 years and will also have to pay fine. However, if hurt has also been caused the imprisonment may even be for life. For attempting culpable homicide a person will be imprisoned for a maximum period of three years or fine, or both, and if hurt was caused the period of imprisonment may increase to 7 years. An attempt to commit robbery is punishable by imprisonment for a term extending to 7 years along with a fine. An attempt to commit suicide constitutes a separate class as here only an attempt can possibly be punished. The punishment is either imprisonment extending up to a year or fine or both. For attempting any other crime, the punishment will be half of the longest term of imprisonment stipulated for that particular offence, or the fine prescribed for that offence, or both.
2.
3.
4. 5.
6.
45
ABETMENT
When can one be held liable for abetment? Suppose Mr. Mehra, a business rival of Mr. Sinha, aided Mr. Kumar in procuring the gun, knowing well that it was to be used for the murder of Mr. Sinha. He would be liable for abetting the murder since he intentionally aided Mr. Kumar. He would also have been liable if he had instigated Mr. Kumar by planting the idea of murder in his head, or encouraging him when he was having second thoughts. Mr. Mehra would be liable for abetment even if Mr. Kumar ultimately decided not to commit the crime in which he was being abetted. Hence, when a person intentionally instigates or assists another in a committing an offence, he / she is liable for the crime of abetment to commit that offence. What is the punishment for abetting an offence? If the crime abetted is committed because of the abetment, then generally the punishment for both abetment and the actual commission of the crime is the same. The punishment is the same in some other situations also, like where the abetment was in order to cause grievous hurt to Mr. Sinha, but Mr. Kumar ended up killing him. Here even though Mr. Mehra had abetted only the offence of causing grievous hurt, yet he would be liable for abetting murder.
CONSPIRACY
When can one be held liable for being a part of criminal conspiracy? In the previous example if instead of merely abetting Mr. Kumar, Mr. Mehra entered into an agreement with him to kill Mr. Sinha, both of them would become liable for criminal conspiracy just by virtue of this agreement. It does not matter if they do not do any act in pursuance of this agreement. They would still be guilty, since they have agreed to commit an illegal act. If instead of murdering Mr. Sinha, they only agree to cause business losses to him, but decide to use illegal means like bribing his employees, they would still be liable for criminal conspiracy. Hence, if a person enters into an agreement with another to commit an illegal act or a legal act using illegal means, he / she is guilty of the offence of criminal conspiracy. How is a criminal conspiracy punished? The punishment for criminal conspiracy is simple or rigorous imprisonment up to six months, or a fine, or both. However, if the criminal conspiracy is for an offence punishable with death, imprisonment for life or rigorous imprisonment for two years or more, the conspirators would be punished as if they had committed the offence itself. Hence, we can see that in all these three offences, it is mainly the criminal intent that is being punished
46
MISCELLANEOUS
47
DEFAMATION
What is Defamation? Defamation essentially involves an attack on a person's reputation, character or good name. Such an attack may be made not only by spoken words or in writing, but also by any visible representation like cartoons or any allegation that is likely to harm the reputation of the person against whom it is made. The charge made need not be direct or express. Even an indirect representation can be defamatory. An attack on the reputation of a person becomes a criminal offence only if the person making it wants to intentionally harm another person. The accusation must lower the moral or intellectual character of that person, or lower the character of that person in the eyes of his colleagues, friends and people around him. Only such representation will be amount to criminal defamation. For example if Manjunath draws a cartoon that is published in a newspaper depicting Mr. Gowda extorting money, with the intention of harming Mr. Gowda's reputation, then it will amount to the offence of defamation. What is not Defamation? However, like most other offences, the offence of defamation is also subject to several exceptions. 1. Truth is a complete defence against Defamation. So if the cartoon shows the truth Mr. Gowda will have no case in court. 2. A statement that otherwise harms the reputation of a person will not be an offence if it is made for the public good, or to protect the interests of any person, or relates to the discharge of functions of a public servant. If the cartoon shows Mr. Gowda taking bribe and it is to warn people it will not be offence. Further, it will have to be the truth, so Manjunath is not committing any wrong. 3. Also, a substantially true report of the proceedings of a Court or even an opinion expressed on the merits of a case decided in Court does not amount to defamation. 4. Similarly, an opinion expressed on a public performance, or a reprimand by one person over another over whom he has lawful authority, or even an accusation made to a lawful authority are not defamatory statements. 5. Also, a warning given for the good of another is not an offence. But it is important to note that all such statements must be made in good faith and without any vested interest so that they can be
48
termed as exceptions. So if Manjunath makes an announcement on a loudspeaker in a public street that Mr. Gowda is a criminal and if such announcement is made in good faith only to warn the general public, then it will not be considered defamation. Who all are punished? All those people will be punished who commit or assist in the act of defamation. Say for example if Mr. Gowda wins the case against Manjunath then along with Manjunath the publisher of the newspaper will also be liable to be punished. What is the punishment for Defamation? Imprisonment up to 2 year, or with fine, or with both. Problems with the law of Defamation It is important to note that defamation is also a civil wrong. However, the criminal law dealing with defamation is stricter than the civil law. Therefore even if Manjunath's cartoon does not amount to the crime of defamation, that does not in any way stop a Mr. Gowda from going to a civil court to claim damages/compensation for harm suffered as a result of such statement. Both the cases (civil and criminal) can be fought in court at the same time.
OBSCENITY
Imagine that Kumars at Number 42, Levelle Road, Bangalore are an average middle class family. The family consists of Mr. Kumar and his wife Mrs. Kumar, their son Karan and daughter Krithika. For simplicity, their understanding of 'decency' is taken as the standard for obscenity laws in India. The legal position in India regarding obscenity also takes into account the right to free speech that is given to every citizen and stopping words/ actions which are not 'decent' and 'objectionable' for the benefit of the society. What is Obscenity? Obscenity involves any material which tends to ruin, corrupt or wrongly influence the minds of those people who can be easily influenced. For example, Karan or Krithika, who can be easily influenced as they are young. Obscenity covers films, books, plays or even the actions of an eve-teaser on the road. To a large extent, obscenity refers to sexual immorality, something making everyone uncomfortable or anything which has no social/moral value attached. Simply, any word or action that goes beyond a certain level of decency generally accepted by society, say a family like the Kumars, is considered obscene and a person/company indulging in such activities can be punished under criminal law.
49
What is not Obscenity? Referring to persons in a book/film/play in crude language not amounting to moral insults. e.g. Mr Kumar calling a popular political figure 'an animal' or 'a flirt'. 2. Describing sexual acts necessary to the plot of the movie/book/play without which the story would be incomplete. The book/movie/play must be considered as a whole e.g. a film about sexual abuse of children showing rape scenes obviously will not be considered as obscenity. 3. Presenting sexual images in a medical/scientific book/movie e.g. Kamal's or Kamini's biology textbook presenting nude pictures of the male and female body, helping them to learn about the human body will not be obscenity. 4. An individual feels something is obscene. For e.g. merely because Mr. Kumar thought that a particular book 'Satanic Verses' was obscene would not make it so; the general group to which people like Mr. Kumar belong (most of the middle class) must also think it is obscene. 5. When measures are taken to keep adult items out of the reach of children. For instance Krithika comes across a book in the book store which has been expressly kept in the 'Adult' section. Escaping the notice of the salespersons, she steals the book. On discovering the book, her father would most likely be unsuccessful in bringing about an obscenity case against the store managers as the 'adult' sign was put up there to make sure kids do not go there. Who does obscenity law punish? Criminal law punishes all those who committed or assisted in the commission of the obscene act. For example, if a book has been banned on the grounds of obscenity because Mrs. Kumar won the case in Court, the writer, printer, publisher and seller of the book can all be punished because all of them are responsible to some extent in producing and distributing the obscene material. What is the punishment for obscenity? For the initial violation of obscenity laws, the punishment is imprisonment up to two years, or only fine, or both. For subsequent violations, the punishment is imprisonment between six months but not more than two years. If the act/material involves a young person below twenty years the imprisonment can extend up to seven years and fine up to five thousand rupees.
1.
50
Problems with law on obscenity

Courts face problems in changing the definition of obscenity to reflect changing societal trends. For example, it is no longer generally considered obscene to show women wearing swimsuits while it would have been so some years ago. Also obscenity over the internet is on the rise. This can also be countered with the help of separate cyber laws. But it is very difficult to detect and trace the culprits on the internet.
CYBER CRIME
What is Cyber Crime? Cyber crimes are a species of crimes that have arisen with the increasing use of the internet and information technology across the world. They are generally more difficult to detect and regulate because they are not carried out personally by humans but by the use of a computer or some other electronic media. A computer can be both a tool as well as a victim of cyber crime. For example, i) Indu, 19 years old is scared for her life. Two days ago, at 11 in the night a man called on her mobile phone. He knew her name and started speaking obscenely to her. After this several men did the same. Apparently a fake profile in a webpage with a morphed photo and her name and address was put up by one of her male classmates at school. In another case Mr. Kumar had just recently started using the internet to buy items with the help of his credit card. He found it to be far more convenient as he could do everything from the comfort of his home. One day he chose to open an obscure attachment from a friend, little did he know that this was a virus. In a few days he found that his credit cards had been used by someone. Somebody else had some how accessed his credit card details through his computer and misused it.
ii)
51
The above are examples of cyber crimes. The first example is called cyber-stalking and the second is called cyber-theft and cracking. Common cyber crimes in which the computer is used as a tool include: Hacking, defamation via the internet, cyber-pornography, cyberstalking, piracy, illegal gambling, forgery and such other offences which affect humans, their property or their reputation. Crimes in which the computer is a victim are crimes against data stored in the particular machine include: Hacking, breach of another's computer security, unauthorized circulation of personal data, etc.
Problems with Cyber Crimes

Cyber crimes are far more dangerous than normal crimes since, on the one hand, people have anonymity, and on the other, the medium being that of computers, things can be done much faster and effectively. The danger in most instances spills over into the real world as well. Most people are unaware of how serious these crimes are. Victims, afraid of social stigma rarely talk about it. Most are unaware of what to do, when faced by such situations. The law in India is still in its infancy and the law enforcement is in the process of getting it ready. What should I do then to protect myself? i) Majority of victims of cyber crimes exercise bad judgement. Be sensible and check what information you put up on your profiles (e.g. Orkut, Hi5 Facebook or MySpace) and who gets access to them. Use your credit card with reputed (trusted) websites and do not keep sensitive information in places which can be breached. ii) When chatting with someone be aware that the person of the other side might not be who he or she claims to be. Do not give personal information that can be used against you. Avoid meeting such characters in real life and if you choose to do so, do it with utmost caution. iii) Protect your computer by installing a recent antivirus and firewall. Use common sense and do not open obscure attachments as they can open your computer to malicious elements in the internet. iv) Children are a major target of predators on the internet. Parents and teachers should take an initiative to monitor activity and sensitize them to the dangers of the internet.
52
What if I am a victim? If the situation has become serious and you fear imminent danger then you should proceed directly to a cyber-police station and lodge a complaint. If your area does not have one then go to the nearest police station. Most nowadays are able to accept such complaints. If a person is harassing you regularly then block him. If it persists then mail him asking him to stop and send a copy to your local ISP and the local police. If you are a victim of credit card fraud then immediately contact your credit card company. Nearly all credit cards nowadays are insured and such losses can be covered that way, if the money lost cannot be refunded then take the issue to the police immediately. Do not delete any correspondences, browsing history or cache. This can be used as evidence against the perpetrator later. Do not wait. The longer you take, the more difficult it becomes for them to get access to evidence.
Punishment for Cyber Crimes

The Information Technology Act, 2000 imposes very heavy fines up to Rs. 1 crore on persons accused of cyber crimes like gaining unauthorized access to data and the spreading of viruses. More serious offences under this Act may also involve imprisonment. The punishment for hacking, which involves destroying or altering any information stored in a computer, is also severe, with up to 2 lakh fine and imprisonment or both. The IT Act is most severe with obscenity on the internet. It covers all pornographic material or any other material which is likely to give rise to corrupt the minds of persons who see it and punishes a person who circulates such material with compulsory imprisonment of up to five years as well as a fine. Apart from the offences under the IT Act, cyber crimes can also be addressed by the Indian Penal Code (IPC), depending upon the effect of the crime. For example Manjunath sends an e-mail to his relative demanding money and also issues a threat through the e-mail. Here he could be charged with extortion under the IPC and punished with up to 3 years imprisonment or fine or both. In this manner, the IPC would come in use in prosecuting cyber crimes which result in forgery, defamation, fabricating false evidence, counterfeiting, etc.
53
DEFENCES IN CRIMINAL LAW
54
INTRODUCTION The criminal justice system in India seeks to punish people who commit crimes. However, in some cases, the law excuses people from punishment even if they have committed a wrong. Such excuses are called defences. A defence is a reason because of which you can be acquitted of a crime. The Indian legal system recognizes many defences like insanity, infancy, intoxication and private defence. The following fact situation will explain these defences in a detailed manner. FACT SITUATION Ramu, Shamu, Jiten and Shashikala went for a walk one night. Ramu was 6 years old, Shamu was 10 years old they were brothers. They were accompanied by Shashikala's brother Jiten who was 29 years old. The three of them went to Rum and Raisin a popular bar in the area and picked up their father Peter, who was a bit drunk. Shashikala their mother was a 36 year old housewife, who was being treated for schizophrenia in Get-Well hospital. As they were coming out of the bar, a man named Choru tried snatching Shashikala's 24-carat gold chain, and began to run with it. The five people chased him and Jiten managed to catch him and snatch the chain. Choru stabbed Jiten in the chest with a knife and he began to bleed. Choru then tried to bite Jiten's hand and get the chain. Jiten grabbed the knife from Choru, and stabbed Choru in the throat. On seeing blood, Shashikala's schizophrenia was triggered, and she suffered a mental delusion that Choru was Satan, and wanted to drink up Jiten's blood. In rage, Peter, Ramu, Shamu and Shashikala attacked Choru and beat him up. Peter could not be restrained even at this stage because of his drunken state, and hence continued to beat up the limp body. Inspector Raja arrived on the scene realized Choru was dead, and arrested all five of them for the murder of Choru. When asked by their lawyer, Shashikala pleaded the defence of insanity, Ramu and Shamu pleaded infancy, Peter pleaded intoxication and Jiten pleaded private defence. INSANITY What is insanity? The law says that if a person is of unsound mind due to which he does not know the nature of his act, or if he does know it, he does not know that it is wrong or contrary to law, he will not be punished. For instance, an accused does not know the nature of his act if he kills his neighbour with an axe believing him to be a tree. He does not know that the act is morally wrong if he suffers from a delusion that God ordered him to commit the crime. He does not know that the act is contrary to law if he makes no effort to conceal it, even from the police. Legal insanity differs from medical insanity and it is crucial that the accused be legally insane at the time of the crime.
55
At the time of the crime, as Shashikala was suffering from schizophrenia, she thought Choru was Satan and hence felt it was morally right to kill him, the defence of insanity would apply. Had she known that he was a thief, or behaved as though she felt what she was doing was wrong, for example, tried to flee from the police, then the defence would not apply. Therefore, Shashikala will not be punished for the murder of Choru. The law recognizes that Shashikala did not want to commit an offence, but only killed Choru because she was mentally ill. INTOXICATION What is intoxication? Under criminal law, people who are involuntarily intoxicated that is, when the intoxicating substance is administered without the knowledge of the accused or against his will are treated differently from people who are voluntarily intoxicated. The law says that an involuntarily intoxicated person will not be punished if due to the intoxication he does not know the nature of his act, or he does not know that it is wrong or contrary to law. On the other hand, a voluntarily intoxicated person is presumed to know the consequences of what he is doing, and hence cannot escape punishment completely. In most cases, he will be awarded a lower punishment than he would have received if sober. Let us assume that Peter was so drunk, that he did not know the nature of his act, or that it was wrong or contrary to law. As Peter was voluntarily drunk that night, he cannot be completely excused. If he could show in some way that the alcohol had been given to him without his knowledge, or against his will, then he would not be punished at all. But in this case, he will be punished, presuming that he knew the consequences of this act. Since, here the offence is one of murder; he would be liable for culpable homicide not amounting to murder, since for this offence mere knowledge of the consequences of one's act is sufficient although Peter may not have intended to kill Choru from before.
INFANCY
Under the defence of infancy, people are divided into two categories based on their age: Children under the age of seven may not be convicted under any circumstances. Children between the ages of seven and twelve are not automatically acquitted. Infancy is a defence only if the accused is not sufficiently mature to understand the nature and consequences of his acts.
56
In the scenario we have taken as Ramu is only six years old, he cannot be punished for the murder of Choru. In Shamu's case however, his age is not an automatic defence. The court will examine whether Shamu was mature enough to know what he was doing, and then punish him accordingly.
PRIVATE DEFENCE
What is Private defence? Every person has the right to protect his or her body and property and the body and property of another person, against any offence affecting the body or against property or the attempt to commit any of these offences. Thus, if a crime is committed in the exercise of the right of private defence then such an act will not be treated as an offence. To keep a check on people from taking the law into their own hands in every case of aggression, the right of private defence is available only when there is not enough time to have recourse to the protection of public authorities. The important aspect to note here is in order to exercise the right there has to be a reasonable or sensible apprehension of danger to the body or an attempt to harm and the danger should be immediate. The right ends as soon as the threat comes to an end. The right to private defence can extend to causing death of a person if there is an apprehension of certain offences, such as death, grievous hurt, rape, gratifying unnatural lust, kidnapping, abducting and wrongful confinement. It is important to note that this right must be exercised in a proportional manner one cannot use more force to defend oneself than required. In the scenario we have taken, as Jiten was stabbed by Choru, and was being bitten by him, he realized that Choru would not stop attacking him until he got the chain back. In order to protect himself and the chain, Jiten stabbed Choru. In such a case, it is possible to use the right of private defence, and Jiten will not be punished.
57
CRIMINAL PROCEDURE
58
The previous sections dealt with the various offences under the Indian Penal Code. We also need to understand what follows after an offence has been committed. Usually, the affected party files a complaint with the police. This is followed by an investigation and after various formalities are completed including production of all necessary evidence, the accused may be punished if proven guilty. In India, all the rules relating to these processes are detailed in a legislation called the Criminal Procedure Code, 1973. This section deals with a few important procedures, which each one of us needs to know about. The first responsibility that all of us have as soon as an offence has been committed is to report the same to the police. This is done through what is called a First Information Report.
FIRST INFORMATION REPORT (FIR)

What is an FIR? A first information report or an FIR is a description or a report giving the first information of any offence. It generally pertains to something in the nature of a complaint or accusation to get the police to start investigating. For example, let us suppose that Mr. and Mrs. Gowda are driving down to a friend's place. On their way, some miscreants attack them with a knife. In the course of a struggle that followed, the couple is seriously injured. Here, if the couple go to the police station and inform them about the incident and give a complete description of it, it would amount to an FIR. Someone else can also file the FIR on behalf of the couple. What is not FIR? Mere information received by the police in the course of an investigation is not an FIR. This is important because only the FIR can be produced as evidence in court; other evidence collected by the police cannot. So if the police made some arrests after the filing of the FIR by the couple then any statement made by those accused in the course of investigation will not be regarded as an FIR. However, even the FIR is not substantive evidence. It is generally used to support the evidence of the maker or to contradict him. Also, information that does not disclose the commission of the offence is not an FIR. For example, let's imagine that Mr. Sharma had succumbed to severe injuries while in the hospital and the doctor's report suggested that death was a result of excessive bleeding; it is not an FIR as this report does not disclose the commission of an offence. Again, sometimes, if the first information given to a police officer is vague or indefinite, then it will not be considered as the FIR. The police officer may then require more information and once this additional information is received, it will eventually constitute the FIR. A piece of vague or
59
cryptic information cannot be regarded as FIR just because it was received first in time. In the above example, a cryptic telephonic message sent to the police mentioning that the couple were lying injured cannot be regarded as FIR. PROCEDURE OF REGISTERING AN FIR The FIR must always be reduced to writing. It must be recorded by the police in plain and simple language, and as nearly as possible in the informant's own words. Further, it should be read over to the informant after his statement has been written and then he must sign it. This is to guarantee the correctness of the FIR. In fact, a refusal to sign this statement is an offence, punishable with imprisonment for three months or fine up to five hundred rupees or with both. The substance of the FIR must be entered in a book, which is called the Station or General Diary. A copy of the FIR must be given free of cost to the informant. Finally, if an officer in charge of a police station refuses to record the FIR, then the affected person may send this information to the Superintendent of Police (SP). If the SP is satisfied that this information discloses the commission of an offence may either investigate the matter himself or direct another police officer subordinate to him to do the same. ARREST We often hear that soon after an FIR is registered, the police arrest various people related to the offence. An arrest is where the person is deprived of his freedom of movement, and his presence is required for the purpose of investigation of a crime. Such arrests have to follow some basic norms and guidelines. Who can arrest? A person is normally arrested by a police officer. Sometimes, a magistrate can also arrest a person. An arrest may be done with or without a document called a warrant of arrest. What is a warrant? A warrant is an instruction issued by a court, giving the police officer direction to arrest a particular person. The person who is arrested with a warrant has the right to ask the policeman to see the warrant and is also entitled to a copy of the warrant. A warrant may be made anywhere within the territory of India. A police may arrest under certain circumstances without a warrant. For example: 1. 2. If a person commits a cognizable offence, like murder. If a reasonable complaint has been made against the person.
60
3. 4. 5. 6. 7.
If a person has any tools which may be used to break into a house. If a person is suspected to possess stolen property. If a person hinders a police officer from doing his job. If a person attempts to escape from custody. If a person is a deserter of the Armed forces.
The offences which constitute cognizable offences are listed in Schedule I of the Indian Penal Code. In most of these cases, the arrest needs to be done on the spot and there is no time for the police to obtain a warrant. For example a thief was caught at your neighbour's house as he was trying to break in. You call up the police and they arrive on the spot. In this case, the police need not wait for a warrant to arrest the thief. They can go ahead with the arrest and then produce him before a magistrate.
Even YOU can arrest a person!

If someone commits a very serious (non-bailable and cognizable) offence, like murder, in your presence, then you (or any other ordinary person like you) can arrest that person. But as soon as you do this, you have to take him to the nearest police station and hand him over to the officer in charge there. For example if a notorious gangster is running away after attacking your neighbours and you are in a position to catch him, you can arrest him your self. Can everybody be arrested ? According to the law, if a person is a part of the armed forces and if he commits any wrong when he is on duty, he can't be arrested without special permission from the Central Government. Apart from this, all others can be arrested if the police suspect that he has done something wrong! For Example, if Arjun is a soldier in the Indian Army stationed in the Indian border with Pakistan in Rajasthan. During one of the shooting encounters across the border he shot Haridas, a merchant from the nearby village. The police in this case cannot arrest Arjun without special permission. How should the arrest be done? Assume that the police suspect that Manjunath is responsible for attacking your neighbours. In order to arrest him the police officer need to only touch him or confine him. But if Manjunath tries to escape the police officer can use all other possible means to get hold of him. But this does not mean that the
61
police officer can go to the extent of killing Manjunath! This can happen only under very rare circumstances when Manjunath has done something for which the punishment itself is death, for example if Manjunath has murdered your neighbour. In all cases the police officer are allowed to use only the required amount of force and nothing more. What if the person to be arrested is a woman? Let's imagine Manjunath was accompanied by his partner Sarala, another notorious criminal. The law has made some special rules made for the arrest of women like Sarala. Unless there is an extraordinary situation, women cannot be arrested before sunrise or after sunset i.e. anytime when it may be dark. Also, only a woman police officer can arrest a woman. What are the rights of the arrested person? Manjunath needs to know the reason why he has been arrested. Manjunath needs to be informed that he has a right to be released on bail if the offence is a bailable offence. A bailable offence will be discussed in the next section. On arrest, Manjunath needs to be told that he can nominate one person who may be his friend or his relative and the police must keep that nominated person informed about why Manjunath has been arrested, where he is being kept under custody and also give him other relevant information. After such a nominee has been informed, the fact should be entered in a book, which will be kept in the police station. If Manjunath is arrested without a warrant, he should be produced before a magistrate within 24 hours of his arrest. This time limit does not include the time spent in travelling from the place of arrest to the Magistrate's court. From the moment Manjunath is arrested, he is entitled to help from a lawyer. Manjunath also has the right to refuse answering any question put across to him by the police.
BAIL
We often hear that someone who has been arrested has come out on bail. What exactly does this mean? Say, in the previous example, if Manjunath is arrested because the police suspect him of committing a crime does he need to be kept in police custody till the court decides on his guilt? No. The principal object of arresting and
62
detaining a person is to ensure that he is present for the trial and if subsequently he is found guilty, then he should be punished. So Manjunath can be granted bail by which he can be present for trial without being remanded to police custody. He may be released on bail after executing a bond and furnishing a certain sum of money under the bond. He may also need to get one or more other persons to act as sureties who will guarantee to the court that he will be present in court when required. If he fails to come to court when required not only will the money he has paid under the bond be confiscated but the sureties will also have to pay from their own pocket. Therefore bail serves as security to ensure that the attendance of an accused like Manjunath at trial. There are, however, two conflicting interests to be served by a bail. On the one hand is the need to protect the society from a person who is alleged to have committed a crime and on the other hand is the requirement to preserve the personal liberty of any person till such time as he is proved guilty. Where does one file the bail application? Generally, the bail applications are filed in the same court, which will try the offence. The Sessions Court and the High Court have the power to hear bail applications in certain specific cases. Will bail be granted for all offences? Under criminal law, the offences for which bail has to be granted as a matter of right for the arrested are referred to as bailable offences. In bailable offences, the court has no discretion and bail must be necessarily granted. The accused in such a case has a right to get bail. In case of non-bailable offences the court may refuse to grant bail. However, in such a case bail may be granted at the discretion by the court. Courts may refuse to grant bail when they feel that there is reasonable doubt that evidence may be tampered with or when the accused is convicted of a very grave offence or even when the punishment for the offence, which the accused is charged with, is extremely severe. Further, if there are reasonable grounds for believing that a person is guilty of an offence, which can be investigated directly by the police, or if the offence is punishable with death or imprisonment for seven years or more; then the court may refuse to grant bail. For example, if Manjunath is proven to be a major ganglord with a network of accomplices and already has a number of other criminal cases pending against him, then he may be reasonably refused bail. But if there are no reasonable grounds for believing that Manjunath is guilty of a non-bailable offence then he should be released. When an arrested person is sick, infirm, a woman, or under sixteen years of age, then too the court may grant bail in cases of non-bailable offences.
63
Can a person file more than one bail application? A person may file successive bail applications if the court rejects the previous one. But if a previous bail application has been rejected on a particular ground, then another application on the same ground cannot be entertained. Once bail is granted it may also be cancelled and the accused may be arrested. For instance, bail may be cancelled if while on bail, Manjunath tampers with the evidence or commits the same offence for which he has been arrested the first time. Similarly, where a case has been registered for forgery but subsequently a graver offence of murder is also added, and then the court may direct cancellation of the bail order. The accused's conduct subsequent to the grant of bail and other supervening circumstances may be relevant considerations for cancellation of bail. However this power of cancellation must be cautiously exercised as this jeopardizes a person's liberty and freedom. Can bail be granted before the arrest itself? Yes! A person may file for bail before the High Court or the Court of Sessions at the stage where he has not actually been arrested and is only apprehending arrest. This is known as anticipatory bail. The object sought to be achieved is that the moment a person is arrested, if he has already obtained an order of anticipatory bail; then he may be released immediately without having to go through police custody. So if on the face of it there is no basis for a case against Manjunath he can seek anticipatory bail.
SEARCH AND SEIZURE

Let's imagine Manjunath is a suspect in a crime. The police want to search his house for clues to see whether they find a trail leading to the other miscreants involved in the crime. They force open the door and turn the whole house upside down in their process of 'searching'. This could be a scene from any film but cannot happen in real life! The police can search a person's home only if there is a 'search warrant', which is given by the Magistrate. This is something, which is not allowed very often by the judges as they feel search warrants invade privacy of a person. What are the different types of searches allowed in law? Imagine that Kumar has the will of a dead person leaving money not to him but to someone else. What can the police do in the above situation to look for the will? The law says there are two types of searches general and specific. Usually the law permits only specific searches. So, in the above case, the police will get a search warrant only to look for the will. Let's take another example. Raj and his mother are ill-treating his wife and not letting her get out of the house. Raj is also involved with a gang of
64
robbers and stolen mobiles are kept in his house. The power of police to search increases as the offence becomes more serious. In this example, the police's power increases. It can enter any house where stolen property might be there and seize the property and arrest the people. The police can come to rescue his wife too with a search warrant. Quick action is also expected when the police hear that a woman has been kidnapped, usually for unlawful purposes. The police can forcibly search the place where she might be hidden. But even when the police have to take quick action it cannot be done without the permission of a Judge who should be a District Judge, Sub-Divisional Magistrate or Magistrate of the first Class and the police officer cannot be below the rank of a constable. Is there a situation where the search warrant is not needed? A search warrant is not needed when the search is being done directly before the judge. The power is sometimes given to the police too. This is given only if there is no time to get the permission of the court and the police official in charge should conduct the search. Only in really rare circumstances, can this power be given to a junior police officer. The police have to submit a written statement of what they are going to search and it has to be a specific search. The police can seize any property, which they consider illegal in the process of searching. This is a very wide power given to the police. Overall, the power of the police to search is restricted and cannot be used arbitrarily. EVIDENTIARY VALUE OF STATEMENTS MADE TO POLICE During the course of investigation, the police may pose several questions and use various methods to obtain answers from the different witnesses. The law lays down certain rules to ascertain the value of each of these statements. Imagine that Ramu, Shyamu and Rita were returning from a marriage, and a gang led by Lakshman and Chotu on a deserted road stopped their car. Lakshman and Chotu asked Rita to give her jewels and Ramu and Shyamu to give their watch and their money. Since these two were carrying guns, the people in the car did not argue and quietly gave it. While Laksman and Chotu were checking these people for any hidden ornaments or cash, Ramu spied an opportunity and tried to snatch the gun out of Chotu's hand and there was a struggle in which Ramu was grievously injured. Rita lodges an FIR. After the FIR was lodged the police interrogated Chotu as they already suspected him and beat him up and forced him to say that he is guilty of the crime. They also make Shyamu say that Chotu was alone because Lakshman has given the investigating officer some money to keep him quiet about his involvement. Which of these statements will the court consider?
65
The statement made by Rita will be considered as evidence because it's the FIR. But the statements made by Chotu will not be considered at all because he is the accused and his statements do not carry any evidentiary value, unless they are confessions in which case they need to be recorded properly which was not done here. The statement made by Shyamu can only be used if the police can prove that he made it and that too only if he later says something that is contradictory to the statement made before the police. The reasons for according different weights to different statements are explained below. At the beginning it must be clarified that the statements made by any person who is the accused in a case cannot be considered as evidence at all unless it's a confession, in which case a proper method has been given the Cr PC which has to be followed. A person need not be the accused at the time of making the statement, but if he/ she later on become the accused then also the statement is protected. A person can make statements to the police at two stages in investigation. The first one is the one that initiates the investigation and is known as the First Information Report (FIR). Since the Cr PC places a duty upon the police to investigate every FIR if it looks believable, this statement is signed by the person making it (this is done to prevent frivolous FIRs being launched as the person can be punished for lodging the same). By virtue of the signature of the person making the FIR, it is binding upon him. Also, the courts give it a fair consideration with respect to the case. The second one is statements made after the investigation has begun. But the courts are wary of giving these too much evidentiary value, as there is always a possibility that the police might have coerced the person to make it to accelerate the pace of the investigation or for some ulterior motive. Therefore, these statements are not signed by the person making them and if the police needs to use them at the time of trial, they first need to prove that the statements were made by that particular person and they can be used only for contradiction of something said by the person at the time of trial. Therefore, the value of such statements is restricted because of the possibility of abuse of power. Also, these statements can be used only if the person who made the statements is being examined as a prosecution- witness, i.e. on behalf of the prosecution, to prove a point in their favour. Again, the police
66
cannot force you to record this statement in writing as once an FIR has been made then you don't need to sign any statements made subsequently. Therefore, while for the FIR the burden of proof as to the statement being made in good faith is upon the person who made it, once the FIR has been validly recorded the burden shifts to the police who then have to prove the statement is correct. There is a penal liability attached for making a false FIR, but for the statements made after the investigation has started, instead of making the police liable, the court just does not consider those statements at all and they have no evidentiary worth. If too many statements are used without being properly proved, then the court can dismiss the case, and attach some nominal liability upon specific investigating officers of the case. Therefore, summing up the position of law:If the statement is made by the accused it is not considered at all. If the statement is an FIR, then the person making it has to sign it and it's binding upon that person. If it's untrue, penal liability is attached. If the statement is made after the FIR has been recorded then the person making it cannot sign the statement and the police needs to prove that it was made by that particular person before using it in court and even then it can be used only for the purposes of contradiction. If the statements are not duly proved then the court does not accord them any evidentiary value.
COGNIZANCE
Cognizance is the first step towards the trial. Once investigation by the police is completed, the accused is taken to Court for the trial where a neutral judge, usually a Magistrate, determines whether he is actually the culprit. Let us go back to the example taken earlier, where Manjunath is the accused. The Magistrate takes notice of the fact that Manjunath has allegedly committed the offence. This is called cognizance of an offence. The police officer, after completing his investigation, sends his final report of the case to the Magistrate. The Magistrate goes through the report and decides whether the report is complete, and if so, he can take cognizance of the offence alleged to have been committed by Manjunath. This does not in any way decide Manjunath's guilt.
67
What if a private individual does not want to involve the police? In case a private citizen does not want to involve the police but wants to go to court directly with respect to some offence, he can go to the Magistrate and file a complaint, usually in writing. In such a case, the Magistrate may send the case for investigation by the police or will take cognizance of the offence based on the complaint. Can a magistrate take cognizance by himself without a complaint? Where a Magistrate himself has information about the offence committed by Manjunath, he can take cognizance based on his own information. But the same Magistrate having first taken cognizance, should not continue conducting the trial. Hence in such a case Manjunath should necessarily be told that he may object and have the case transferred to another Magistrate. The Magistrate, if he feels that there is sufficient ground for proceeding against Manjunath, can take cognizance, and send a summons or warrant, to Manjunath asking him to be present in court at a particular time. All the important documents and details, such as the police report against him and the list of witnesses to be examined, which he needs to be able defend himself with the help of his lawyer should also be given to him by the Magistrate.
CHARGE
For a fair trial it is essential that the accused is given precise information as to the accusation made against him or her. This information would enable the accused to prepare the appropriate defence. For serious offences, the law requires that the accusations are to be formulated and reduced to writing with precision and this is called the 'charge'. The charge has to be read out and explained to the accused. Since the charge is the basis of the accusation in the criminal trial, it is important that it is properly framed and also that evidence in the trial is tendered only with respect to the matters framed in the charge. Once a person had been charged, the court has to either acquit or convict the accused, i.e. the matter cannot be dropped. The task of framing and modification if required of the charge is entrusted to the courts and not to the prosecutors. For the benefit of the accused in preparation of his defence, the basic rule regarding charge is that for every distinct offence there shall be a separate charge and every charge must be tried separately. The accused may, however, apply for a joint trial if that is more beneficial. There are certain exceptions in law to the basic rule of separate trials for separate charges. Some of these are in cases where three or more offences of the same kind were committed within a HANDBOOK OF CRIMINAL LAW
68
year, offences committed in the course of the same transaction, offences of criminal breach of trust or dishonest misappropriation of property or offences involving falsification of accounts. Exceptions are also made when the same act falls under different definitions of offences as per law, or when acts constitute different offences when taken separately or in groups, or where it is doubtful what offence has been committed. Even in these cases the court trying the case would have the discretion to order a separate trial where there would be any possibility of prejudice to the accused. It is important to note here that the courts have held that the mistakes in the procedural aspects of the framing of charges are not to be allowed to invalidate a judgement that was passed in the case. As long as the accused was given notice and all the necessary information that the charge is supposed to convey, the defects in the charge cannot be raised to attack an otherwise valid judgment. However, a peculiar aspect regarding the law on this point is that even the total absence of a charge would not be an invalidating factor if the higher courts feel that the absence did not cause a failure of justice. So if Manjunath has injured Mr. Gowda seriously with some weapons then he can be charged with causing hurt as well as attempt to murder.
EVIDENCE IN TRIAL
When the trial begins and evidence is being taken and recorded, there are certain rules that are to be followed. Language: The State government determines what language must be used in the court and the same is to be followed. If the witness is examined in a language other than the language of the court, a true translation of the same may be prepared and submitted if the evidence cannot be taken down in his/her language itself. Accused must be present: All the evidence, which is being produced, must be in the presence of the accused only. If the presence of the accused is dispensed with, his lawyer must be present. If the accused or his lawyer does not understand the language of the evidence, the same must be explained to them. In case the accused has absconded in a particular case, the court can proceed to examine the witnesses and once the accused is found or arrested, the evidence can be used against hi/her. It is the duty of the presiding officer to oversee the recording of evidence in the manners prescribed under the Code. The presiding officer shall also record any important observations that he might have regarding the demeanor of the witnesses.
69
WITHDRAWAL FROM PROSECUTION

Once a prosecution is launched, its course cannot be halted except on considerations of public justice. The Criminal Procedure Code makes room for such considerations by allowing the public prosecutor to withdraw from the prosecution of any person with the consent of the court and stop the trial. The withdrawal from prosecution under the section can be justified on broader considerations of public peace, larger considerations of public justice and even deeper consideration of promotion of long lasting security in a locality, of order in a disorderly situation or harmony in a faction milieu, or for halting a false and vexatious prosecution. When is prosecution commonly withdrawn? The most common cases in which prosecutions have been withdrawn are prosecutions arising out of mass agitations, communal riots, regional disputes, industrial conflicts, student unrest etc. In all these cases the conflict between two groups of persons needs to be resolved peacefully. If a dispute has been resolved by both the parties after some violence then in such a case if prosecutions are launched against those who committed criminal offences during the course of the dispute then it may just so happen that the relations between both these groups may turn sour once again as they blame each other during the course of criminal proceedings. In such cases it is probably best for even the law to forget and forgive since to prosecute in such circumstances would be counter-productive. Can the prosecutor withdraw whenever he pleases? Though the law as such does not indicate any concrete reasons, which should weigh with the public prosecutor to move the court for permission for withdrawal or the grounds on which the court will grant or refuse permission, it is not to say that the public prosecutor can withdraw from whichever case he wishes to do so. However, the essential condition is that it should be in the interest of the administration of justice, which may be either that he will not be able to produce sufficient evidence to sustain the charge or that subsequent information before the prosecuting agency would falsify the prosecution evidence or any other similar circumstance. There are however no concrete guidelines on this. The role of the courts in this process is to ensure that the public prosecutor is withdrawing the case for purposes which are actually in the interests of public justice and is not doing so under political pressure. The court in reaching this decision will have to balance the offence being prosecuted vis--vis the benefit of withdrawing from prosecution. For
70
example in cases of industrial disputes and student union disputes the court will more often than not allow for withdrawal of prosecution since that is the only way to reconcile the differences between the disputing parties. However if there is a case involving a serious offence the court will not grant permission for withdrawal since it would not be conducive to public order and justice. So if a dacoit kidnaps a film star and demands that his fellow gang members be freed from jail from terrorist activities then the court will not allow for the release of the dacoits gang members because this would not be in the interests of public order or justice. The Court is the final authority on withdrawal from prosecution.
JUDGMENT
The judge in open court generally pronounces the judgment either by delivering the whole of it or reading out the whole of it or just reading out the operative part of the judgment. The accused must be present to hear the same unless his presence is dispensed with for the trial. A copy of the judgment will be given free of cost to the accused on an application. The judgment is delivered in the language of the court. Depending upon the circumstances of the case, the court may order the payment of compensation or order costs. The court may also order the release of the offender on probation of good conduct or after an order for admonition.
APPEAL
As provided by the Code, the accused can appeal against the judgment delivered to a higher court. A person convicted by the High Court may go to the Supreme Court and a person convicted by a court of session may appeal in the High Court. Appeals from all other lower courts lie in the Court of Session. In case the accused himself pleads guilty, there can be no appeal but for questioning the legality of the sentence. Also, there will be no appeal from those cases, which the Code has listed as petty. The appeals are usually in the form of petitions and they must be compulsorily presented with a copy of the judgment. When the appeal is pending, the appellate court may sty that the execution of the sentence passed by the lower court may be suspended until the appeal is decided.
REFERENCE
If a particular case, the validity of any Act, Ordinance or Regulation or any provisions in these is in question, the courts may set out its opinion and refer the matter to the High Court, seeking its opinion. The courts may also seek the opinion of the High Court with respect to any question of law, which it needs to decide upon. When such a reference is pending the accused may
71
either be committed to jail or released on bail. The case will be finally disposed based on the decision of the High Court.
REVISION
The High Court and the Sessions Court also have what is known as the power of revision. These courts can ask for the records of lower courts within their jurisdiction to satisfy it self regarding the decisions or findings made by them and their legality, propriety etc. The court may do this by itself or on the basis of an application. The powers of revision are to be used only in cases where no appeal is possible. The court exercising this power cannot pass any order without giving the accused an opportunity of being heard. The revision powers can also not be used to convert acquittals to convictions. Once the revised order is passed, the same must be certified by the lower court so that it becomes operative.
DOUBLE JEOPARDY
A person can only be punished for an offence only once. If he has been convicted of an offence once already, he cannot be taken to court again for the same offence. This is called the protection against double jeopardy. It is a constitutional right of every person enshrined in Article 20 (2) of the Constitution of India. So it is a right, which cannot be denied to any person, irrespective of whether he is an Indian citizen or not. However two things must be remembered. First, only if a court punishes a criminal will this rule operate, i.e. if a person in set free by the court, then he can be prosecuted again for the same offence, if new evidence becomes available. So if Kannan is acquitted by the trial court but since investigation was shoddy, a fresh case was registered to punish him. Here he has not been punished so the rule against double jeopardy does not protect him. Secondly, even if a person is acquitted once, this rule does not apply until and unless the Supreme Court decides the matter finally. In other words, against a decision of a lower court, the prosecution can appeal to the High Court and then the Supreme Court to punish him and this rule does not prevent persons from appealing against decisions of lower courts, which is a continuation of the earlier process. What it prevents is a new case being brought before the courts regarding the same offence. So if a person made a mistake once, the stigma of making the mistake cannot operate endlessly but he can be punished once only for it. Justice demands that a person be allowed to move on in life after he has served the necessary punishment for the wrong that he has committed and the rule against double jeopardy epitomises this principle.
72
LEGAL AID
What is legal aid? To ensure that opportunities for securing justice are not denied to any citizen due to economic or other disability, the Government provides a lawyer to persons in need. The required Court Fee in the matter is also paid, as are all incidental expenses in connection with the case. The person to whom legal aid is provided is not called upon to spend anything on the litigation once it is supported by a Legal Services Authority. Who is entitled to legal aid? Let us look at the residents of a small locality in Bombay. There is Mr. Negi who has come from Himachal Pradesh to work in a call centre. He wants to file a case against his employer Mr. Narayan. He is a member of a Scheduled Tribe. Therefore, he will be entitled to legal aid from the State. In the same building as Mr. Negi, lives Mr. Mehta who came to Bombay from Gujarat after the Godhra riots where he lost his property. Mr. Mehta will also be entitled to legal aid since he was a victim of the communal riots. Down the road, in a chawl, lives Mr. Babu with his wife and four children. Mr. Babu works in the glass factory on the outskirts of Bombay. When he is accused of theft, he will have the right to ask for legal aid if he can prove to the Legal Services Authority that he did not steal because he is an industrial worker. In the same chawl lives Viren Chowdhury, a 22 year old boy. He was a Calcutta resident and was brought to Bombay when he was 15 years old with hundreds of other children to be sold as labor to contractors but managed to escape. Viren will also be entitled to legal aid because he was a victim of trafficking in human beings. But if Manjunath, who lives on Residency Road in Bangalore and earns a huge income asks for legal aid, the same will be denied. Hence a person is entitled to legal aid if he is: A member of a Scheduled Caste or Scheduled Tribe; A victim of trafficking in human beings or begar A woman or a child; A mentally ill or otherwise disabled person; A victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or An industrial workman; or A person in custody A person whose annual income is less than rupees nine thousand if
73
the case is before a court other than the Supreme Court, and less than rupees twelve thousand if the case is before the Supreme Court. Another requirement is that the person asking for legal aid must show that he is innocent. So if Manjunath has been seen by many people when he was committing the crime he may not be able to get free legal aid. How can a person ask for legal aid? A person in need of legal aid has to approach the Legal Services Authority in his/her area. The Legal Services Authorities will first examine the eligibility of the person and the existence of a prima facie case in his favour. If all conditions are met he will be provided with a lawyer at State expense. STRUCTURE OF CRIMINAL COURTS Finally it is necessary to note the structure of criminal courts in India. In every state of India the criminal courts (courts that deal exclusively with criminal matters) are divided into three tiers: 1. At the top is the Courts of Session. Usually, cases do not come to the Sessions Court directly. They are normally examined first by a lower Court (remember 'taking cognizance'?). The lower Court can send it to the Sessions Court if it feels that only the Sessions Court must try such cases. These are usually cases involving very serious offences and are listed in the Criminal Procedure Code. This is called 'commitment of a case'. So if the court trying Manjunath feels that he has committed murder, (which is an offence that can be tried only by the Sessions Court) it can commit the case to the Sessions Court. In some places there may also be an Additional Sessions Judge when there is a heavy load of cases. At the next level is the Court of the Judicial Magistrate of the first class. The highest among these is the Chief Judicial Magistrate. Below him is the Judicial Magistrate of the second class. However, in cities and towns (metropolitan areas) like Bangalore or Mumbai there are no Judicial Magistrates but only Metropolitan Magistrates. In some places there may also be Executive Magistrates. The Code of Criminal Procedure decides which cases are to be tried by which Courts. Strictly speaking, any criminal case can be tried by the High Court or the Sessions Court. However, usually the case begins from the lowest Court that has the power to try the case. By and large petty offences like mischief can be tried by the lowest Court while some offence like crimes against the State and murder can be tried
2.
3.
74
exclusively by the Court of Sessions. So if Manjunath has committed murder or has tried to attack the Parliament along with some terrorists he will be tried directly by the Sessions Court. Another aspect in which these Courts differ is in their power to give punishments. The High Court and the Sessions Court can pass any sentence that is authorized by law. However, a death penalty given by the Sessions Court must be confirmed by the High Court. An Additional Sessions Judge cannot pass a sentence exceeding ten years. The Chief Judicial Magistrate has an even lower sentencing power and cannot give a punishment exceeding seven years. The Chief Metropolitan Magistrate has powers on par with the Chief Judicial Magistrate. Similarly, the sentencing power keeps reducing with the tiers with the first class Magistrate and Metropolitan Magistrates having the power to pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding five thousand rupees and the second class can pass a sentence not exceeding one year or of fine not exceeding one thousand rupees.
75

Criminal Law

Transféré par

Informations du document

Description originale:

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

Criminal Law

Transféré par

Droits d'auteur :

Formats disponibles

CRIMINAL LAW

LEGAL SERVICES CLINIC

ILLUSTRATIONS BY Shruti Aji Murali

Printed at Bhagyam Binding Works

linical legal education forms a crucial part of the syllabus in

most major law schools around the world. The Legal

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

The Legal Services Clinic 2009-10

HANDBOOK OF CRIMINAL LAW

OFFENCES AGAINST THE HUMAN BODY

HANDBOOK OF CRIMINAL LAW

MURDER AND CULPABLE HOMICIDE

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

What is meant by rashness and negligence?

ATTEMPT TO COMMIT SUICIDE

SIMPLE HURT AND GRIEVOUS HURT

WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

HANDBOOK OF CRIMINAL LAW

ASSAULT AND CRIMINAL FORCE

KIDNAPPING AND ABDUCTION

Section 377 as it stands today

HANDBOOK OF CRIMINAL LAW

OFFENCES AGAINST property

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

CRIMINAL BREACH OF TRUST

RECEIVING STOLEN PROPERTY

CRIMINAL TRESPASS AND HOUSE BREAKING

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

OFFENCES AGAINST WOMEN

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

Problems with law on obscenity

HANDBOOK OF CRIMINAL LAW

Problems with Cyber Crimes

HANDBOOK OF CRIMINAL LAW

Punishment for Cyber Crimes

HANDBOOK OF CRIMINAL LAW

DEFENCES IN CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

HANDBOOK OF CRIMINAL LAW

FIRST INFORMATION REPORT (FIR)

HANDBOOK OF CRIMINAL LAW