-Report by Zainab Khan

It has been held by Hon’ble SC recently in the case of MAKHAN SINGH Vs STATE OF HARYANA that while recording a dying declaration, the deceased mental and physical health should be checked first so that the declaration can be free from any influence.

FACTS

The appellant was convicted u/s 304 -B of IPC for torturing and poisoning his deceased wife after demanding dowry. The charge sheet was filed against him on basis of two separate dying declarations given by his wife on 21st April 1998 and 24th April 1998 respectively. In the very first dying declaration deceased stated that she was suffering from fever and since many medicines were lying on Angithi by mistake she took medicine of green color. While in her second declaration she stated that the appellant and his parents administered the poisonous substance to her. It is on the basis of these 2 dying declarations, that the trial court declared rigorous imprisonment of 10 yrs to appellant u/s 304-B of IPC and Chandigarh High Court also upheld the trial court decision after reducing appellant’s sentence from 10 yrs to 7 yrs.

APPELLANT CONTENTION

The Learned counsel R.K.Rathore appeared for the appellant. He argued that Session Court and High Court haven’t taken much emphasis on 1st dying declaration which stated that the deceased had taken the wrong medicine by mistake. The deceased gave this declaration to Vani Gopal Sharma, Judicial Magistrate 1st class, being fully conscious and without any influence. She was mentally fit at that time as a certificate was issued confirming the same by Dr.Sobti. He further argued that 2nd dying declaration was taken after 3 days and in between these times the parents of the deceased persuaded her to give a declaration against the appellant. The counsel pleaded that since there’s a conflict in both the declarations, the appellant should get the benefit of the doubt, and the order of conviction should be set aside.

RESPONDENT CONTENTION

Learned Counsel Piyush Hans appears for the respondent. He argued that the trial court’s order is correct as the 1st dying declaration was given by the deceased under the influence of the appellant while the 2nd declaration was given by her free will. The Counsel relied on the judgments of – Harjit Kaur Vs STATE of Punjab, Sayarabano Vs STATE of
Maharashtra, Lakhan Vs State of Madhya Pradesh,
and a few more.

JUDGEMENT

The court decided to examine both declarations independently. The first dying declaration was recorded after obtaining a certificate from the doctors that the deceased was mentally fit, whereas no such certificate was obtained in the second case. Further, the prosecution has not examined the judicial magistrate who recorded the first declaration which creates a doubt about the fairness of the IO. It was observed:

“In case there are multiple dying declarations and there are inconsistencies between them, the dying declaration recorded by the higher officer like a Magistrate can be relied upon. However, this is with the condition that there is no
circumstance giving rise to any suspicion about its truthfulness. In case there are circumstances wherein the declaration has not been found to be made voluntarily and is not supported by any other evidence, the Court is required to scrutinize the facts of an individual case very carefully and take a decision as to which of the declarations is worth
reliance.”

On examining both the dying declarations and witnesses, the court opined that 1st dying declaration is considered to be more reliable and Trustworthy than the 2nd one. The Hon’ble SC while pronouncing its judgment dismissed the orders of High Court of Punjab and Haryana at Chandigarh dated and acquitted the appellant from all the charges.
The court observed-

“The court is required to examine as to whether the dying declaration is true and reliable; as to whether it has been recorded by a person at a time when the deceased was fit physically and mentally to make the declaration; as to whether it has been made under any tutoring/duress/prompting. The dying declaration can be the sole basis for recording Conviction If found reliable and trustworthy.”

The appeal was allowed.

-Report by Ojas Bhatnagar

In the case of Satyendar and ors. vs Saroj and ors, the plaintiff had filed a suit and claimed to be the owners of a certain property. The defendant claimed that not only was the property the plaintiff claimed his own, but he is also in possession of 2 other properties. The counter-claim was allowed in the trial court. The first appeal was dismissed by the appellate court. The second appeal was allowed in Punjab and Haryana. Now the matter was taken by the Supreme Court.

FACTS

The plaintiff’s-initiated proceedings by claiming possession of agricultural land which measured 80 Kanals and 19 Marlas, it comes under Haryana. Defendant no.2 was the tenant who sub-let the land to his son without the consent of the plaintiffs. The 2 defendants are hence liable to be evicted and the land would now be in the possession of the plaintiff. This land was earlier in the possession of Ram Kaur, Ganpat Rai was the tenant (father of defendant no.2). The tenancy was surrendered and the plaintiff had won a case against Ram Kaur and now they claim that the land belongs to them.

PETITIONER’S CONTENTION

It was argued that the agricultural land belonged to them. The tenant has wrongfully given the land to his son. The consent of petitioners was not asked in this regard. This makes eviction their full right and they have total authority over the land. They also rightfully won the case against Ram Kaur in 1994. Ganpat Rai had surrendered his tenancy to Ram Kaur, and now the land belongs to them and the trial court wrongfully gave the decision in favor of the defendants. The appellate court also dismissed their appeal. But now the High Court has rightfully allowed their claim
on 2 plots. The counter-claim by the defendants is dysfunctional.

DEFENDANT’S CONTENTION

The defendants argued that they have no concern with the land in question. The year that the defendant was born is 1966, and he was only 12 at 1978, there was no cultivation done by him or his. The revenue record showing him as a tenant and sub-tenant is completely wrong. Indraj was the original owner of the property, who gave his tenancy to Ganpat Rai. Indraj died and was succeeded by Ram Kaur. When Ganpat Rai died, his 2 brothers took the inheritance of the property. The defendants are also in possession of the 2 other properties and filed a counter-claim from them. The Trial Court rightfully dismissed the suit by the plaintiff. The plaintiff could not even prove that the tenancy of Gupta Rai came to an end in 1976 by surrendering the land, the appellate court rightfully dismissed the appeal. The counter-claim filed by the defendants was rightfully decreed before however, the high court did not allow it as the plaintiffs never claimed it.

COURT’S DECISION

All the arguments about the second appeal being a ‘substantial question of law’ and should not be allowed is not strong argument in this case. This present case is from Haryana and the Governing Provision is Section 41 of the Punjab Courts Act, 1918 and not Section 100 of the CPC. This act was enacted under the Government of India Act, 1935. The Punjab Courts Act has not been altered, repealed, or amended by the State Legislature of Punjab or Haryana, it is still in force. The laws applicable to Punjab are also applicable to Haryana.

Defendant No.2 and his brothers were the tenants of the property and the defendant had not sub-let the property in favor of his son. The revenue entries in 1978 are wrong, there is no basis for those entries. Plaintiffs had failed to prove that they are the owners The pleadings in the appellate court show that the defendants made a general denial of the plaintiffs’ claim for the plots, then the giving of plots by the High Court to the plaintiff comes into question. Also, the counter-claim by the defendant is barred under Order VIII, Rule 6A of the CPC.

“The Legislature permits the institution of a counter claim, in order to avoid multiplicity of litigation. But then it has certain limitations such as that the counter claim cannot exceed the pecuniary limits of the jurisdiction of the court,
and that such counter claim must be instituted before the defendant has delivered his defence or before the time limit for delivering his defence has expired. More importantly, such a counter claim must be against the plaintiff! Evidently, in the present case the counter claim was not against the plaintiffs.”

The counterclaim has been rightfully rejected by the High Courts. The decreed claim of the plots by the order of the High Court is set aside. This appeal stands disposed.

Introduction

It is crucial to understand both the terms, ‘crime’ and ‘society’ when we discuss crime and society. Because it is hard to comprehend crime without researching society as a whole, there is a relationship between criminology and sociology. The concept of deviation in society is where the idea of crime originates. Deviance entails defying a social convention and arousing hostility from others. Laws are standards that are established and upheld by the government. When deviation breaks the law, it is considered a crime.

What constitutes a crime?

A crime is any act, omission, or circumstance that is forbidden by law, which, if committed, results in legal action being taken by and on behalf of the state rather than a specific individual, and which, upon conviction, results in a punishment of some kind being meted out by state agents rather than the payment of compensation.

As a result of the aforementioned definitions, we can define crime as any morally or socially wrong deed committed by an individual or group of people against another person or the state that is against the law, and when convicted, punishment is meted out by the state rather than the specific offender. Crime can take many different forms, including crimes against people, crimes against property, organized crime, workplace crimes, political crimes, and corporate crimes.

For the same reason, many actions that are prohibited in one nation but permitted in another are legal in that nation. Alcohol drinking is one example, permitted everywhere but prohibited in Muslim nations. People’s perspectives on what constitutes a crime also alter as a result of cultural changes. As a result, there may be numerous causes of crime, which vary depending on the type of crime, the time and location where it occurs, and other factors. The criminalization and decriminalization of different phenomena is thus a continuous process.

Describing society

The Latin word “socious,” which means affiliation and friendship, is where the word “society” originates. Therefore, the definition of society is “a larger group of people who are connected.” Sociologists define society as a group of individuals who share a common environment, way of life, and culture. Individual and communal (shared) benefits can thus be distinguished, or in many situations found to overlap, insofar as a society is collaborative, it can enable its members to benefit in ways that would not otherwise be conceivable on an individual basis. In a dominating, bigger society, a group of people who share similar beliefs and norms might also be considered a society. A subculture is another name for something that is frequently used in criminology.

Societal definition of crime

In essence, crime is defined via the prism of society. An act is not criminal until society declares it to be so, and if society deems an act to be in line with its values, then it is not a crime at all. The primary purpose of laws is to punish criminal behavior, and these laws are the outcome of society’s desire to put an end to such activities. To better grasp it, consider the fact that witchcraft was once regarded as a crime and subject to punishment. People at that period were extremely devout, believed in witchcraft or black magic, and believed that witches assisted the devil in his evil deeds. Witchcraft, thus, became a felony and a basis for prosecution of anyone suspected of practicing witchcraft. The definition of crime by society is crucial because it influences the creation of laws that will stop it from happening. In defining crime, society’s perspective on the specific act is crucial because, for instance, if society does not view giving bribes as a crime, they will not be recorded as such and no laws will be passed on them even though they are morally wrong.

Money as a reason for crime

Money is one of the most crucial components of everyone’s life in the modern era. The value of money extends beyond a person’s bank account balance and includes things like their social standing, value, and even morals. People, therefore, place a higher emphasis on money than on relationships and pleasure. They place more value on others’ opinions of them than their own. Even colleges and universities do not instruct students on how to lead happy and fulfilling lives; rather, they focus on teaching them how to increase their income, which subtly equates wealth with value. People who are in awe of students who study and choose careers in science rather than the arts since, traditionally, they have a better chance of making more money, would be an example. People who make less money feel unworthy as a result, and they are forced to engage in criminal activity to increase their income and improve their self-worth.

Variations in crime

Due to advancements in technology, crime has changed significantly over time along with societal change. People used to believe that crimes were primarily perpetrated by people from lower socioeconomic classes who were trying to get materialistic things and had little other options than to use illegal means to accomplish so. But rich individuals can commit crimes as well as poor people, and most of the time they can do it without leaving any evidence. Anyone can commit a crime, regardless of their social, political, or economic standing. It has been said that crime doesn’t go away; it just changes.

Do the crime figures include any errors?

The functionalism perspective is perhaps the least appreciated of the main paradigms or ways of looking at crime in sociological techniques. Everything has a function, according to functionalism. Sociologists such as Emile Durkheim postulated that since crimes happen in every culture, they must have a purpose otherwise they would not be widespread. Crime provides targets for societal moral outrage, maintaining society and fostering stronger solidarity.

Particularly Marxists contend that many crimes perpetrated by the wealthy are not recorded in crime statistics. The wealthy are less likely to be under investigation or to become suspects since they can more easily afford skilled lawyers who can clear their names or even bribe officials to stop the investigation altogether. Marxists would add that since the wealthy are the class that creates the laws, a large portion of the detrimental behavior that they do participate in is legal.

Crimes perpetrated by “middle class” people (as opposed to “blue collar” laborers) are referred to as “white-collar crime.” It is typically used to describe the crimes most associated with the middle class, such as fraud and tax evasion, rather than, for example, violent crimes that just so happened to have been committed by a middle-class person. Although theoretically, it could mean any crime committed by members of that class, it is typically used to describe the crimes most associated with the lower class.

Because many white-collar crimes are more difficult to identify, prosecutions are less likely. The crime is frequently perpetrated at a distance, possibly via computer, rather than face-to-face, and victims are frequently spread and remote (for example, there may be thousands of fraud victims who may never be aware that a crime has taken place).

Both victims and witnesses to crimes are less inclined to come forward because of these two factors. In the past, these crimes have been dealt with more leniently, and occasionally, white-collar criminals’ associates will assist in “brushing it under the carpet” to escape the unfavorable publicity. Therefore, thieves discover new and improved ways to accomplish a crime.

These days, cybercrime, often known as computer crime, is very common. The offense is perpetrated when someone uses a computer to carry out unlawful activities such as cyberpornography, fraud, infringement of intellectual property, identity theft, or invasion of privacy. With the development of technology, cybercrime, particularly over the Internet, has become more prevalent.

The advancement of technology has led to new criminal opportunities. Cybercrime typically involves an attack on data about people, businesses, or governments. Even though these attacks lack a physical component, they still affect a person’s or a company’s virtual body since, in the digital age, our virtual identities are vital components of daily life.

Consequences of crime

Most often, crime had a detrimental impact on society in terms of its economy, social structure, and political climate. The following are the consequences of crime on contemporary society: –

  • Hinders societal development

Crime frequently impedes society’s development. For instance, the rise in crime rates forces the government to allocate resources to crime reduction rather than investing them in profitable areas. Building jails, buying tools to fight crime and paying those working in the criminal justice system all cost enormous sums of money. In this approach, crime prevention costs the government more, which slows down social advancement.

  • It leads to the killing of people

In countries where crime rates are rising, there are more fatalities each year. Crime directly results in death through violence, such as the terrorist attack on the Pentagon and the World Trade Center on September 11, 2001, in the United States, which left about 2996 people dead and over 6000 injured.

  • The expense of living in society rises as a result

The cost of living in society also rises as a result of crimes being committed there. This occurs in several ways, including the costs required by society to prevent crimes, investigate and punish criminal activity, and maintain those who have committed crimes behind bars. For instance, the criminal must be imprisoned after being charged. Criminals require pricey housing, clothing, and food.

Conclusion

The saying “money is the root of all evil” makes it obvious that crime is a combination of many various aspects of our lives, with money being the first and most significant factor. A person may commit various crimes to obtain money if there is a lack of funds and he cannot meet his needs. The need for retribution is a key motivator for criminal behavior. Both crime and society are a part of society, and their relationships are interdependent. Since society determines whether a particular act is considered criminal or not, crime is always committed in society. Crime is also more likely to occur where there is society because of social conflict and other factors.

References

  1. Encyclopedia Britannica. [Online] August 22, 2022.
  2. Rao, C N Shankar. 2019, Sociology, Karnataka: S. Chand Publishing, 2019.

This article is written by Kanika Arora, from Delhi Metropolitan Education (Affiliated to GGSIPU).

About the Event

Law schools from around India are encouraged to participate in the first Sankhla and Associates National Virtual Moot Court Competition. The event will be a celebrated one and will primarily concentrate on fostering the abilities of aspiring lawyers while also promoting good for society as a whole. It will be associated with eminent legal luminaries, professional visionaries, prominent firms, and acclaimed independent legal practitioners. The Constitutional Laws are the basis of the moot problem.

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Any student pursuing a degree in law from any accredited universities in India, whether it be a five-year legal course, a three-year law course, or even LLM students, is eligible to compete. Each team must have at least two members, two speakers, or three members (2 speakers and 1 researcher). The entry price for the competition is INR 1500, which must be paid at registration. The Google form must have the screenshot of the payment receipt attached. Each university may enter up to four teams in this competition.

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The Centre for Competition Law and Policy (CCLP), NLU Jodhpur, is inviting submissions by way of a Call for Papers for Volume VII Issue II of the Indian Competition Law Review (ICLR).

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CCLP was established as an initiative to promote interdisciplinary research in the field of competition law and policymaking. As a part of this initiative, CCLP publishes its flagship journal, the Indian Competition Law Review (“ICLR”).

SUBMISSION GUIDELINES

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West Bengal National University of Juridical Sciences, Kolkata in association with National Law University and Judicial Academy, Assam is organizing a One-Day National E-Seminar on Contemporary Corporate Governance in India on August 28, 2022.

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The West Bengal National University of Juridical Sciences (WBNUJS) is a premier public law school in India, also known as Columbia of East, and is a National Law University located in Bidhannagar, Kolkata, West Bengal, India.

RESOURCE PEOPLE

  1. Chief Guest – Justice Sanjib Banerjee, Chief Justice of Meghalaya High Court
  2. Keynote Speaker – Prof. (Dr.) N.L. Mitra, Vice-Chancellor of NLU Jodhpur
  3. Patron – Prof. (Dr.) N.K. Chakrabarti, Vice-Chancellor of WBNUJS
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  5. Resource Person – Prof. (Dr.) V.K. Unni, Professor, IIM Calcutta
  6. Resource Person – Mr A.K. Ganguly, Senior Advocate, Supreme Court of India

DETAILS

  1. Date – August 28, 2022
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The Centre for Law & Technology, Gujarat National Law University is organizing a two-days online short-term certificate course on FinTech and Challenges on September 3 and 4, 2022.

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The Gujarat National Law University is a public law school and a National Law University established under the Gujarat National Law University Act, 2003 in the state of Gujarat.

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Up to February 2023, the Chamber of Manasi Bhushan, Advocates is hiring interns.

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About the Organization

Jai Kisan is a Neo Bank with a rural focus whose application, Bharat Khata, offers a one-stop solution for the financial needs of rural enterprises and individuals, starting with the best-suited credit packages.

About the Responsibilities  

For the position of legal interns, Jai Kisan bank is inviting applications

As an intern you are required to: –

  • aid in contract review and manage risk reduction for the company
  • Drafting opinions and offering legal assistance to the Company’s legal and non-legal stakeholders
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1 month which is extendable to 3 months on a performance basis.

Stipend

Rs. 10,000/-  

Eligibility

  • law students in 5-year programme
  • is open to full-time (office) internship opportunities. (For applicants based in Mumbai)
  • Beginning dates for the internship are August 25 through September 25, 2022.
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Interested candidates may apply from here: – rupam.mishra@jai-kisan.com and cc- hr@jai-kisan.com

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With its headquarters in Bengaluru, PRIME LEGAL, a full-service law company that ranks among the best in India, brings to the table knowledge and experience spanning more than a decade in a variety of fields and practise areas. The group includes over 22 capable lawyers.

About the Responsibility

For the position of legal interns, Prime Legal is accepting applications.

Openings

2

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Performance based  

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  • law graduates or final-year students in a 3- or 5-year programme

How to Apply?

Interested candidates may apply from here: – CV along with cover letter at email id support@primelegal.in.

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