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This article is written by T.PREETHI, student of government law college, Tirunelveli. This describes the concept of socio economic crimes and its nature and the extent of it. It also tells about the types and causes of the crime.

INTRODUCTION

The concepts of crime or offences are prevailing in this society for a notably long period. The link between crimes and currency has been in existence since ages. The idea of crimes being caused by poverty, psychopathic deviations, slum neighboring and miserable family conditions have been proved wrong with the new theories. Now a day the most powerful groups secured immunity by the benefit of business or profession.

What are Offences?

Offences in general are illegal actions that results when someone breaches the law. It is classified into two major categories.

Conventional offence and
Non conventional offence

Conventional offences can be described as offences that do have mens rea. For example: murder, theft, rape etc. while;
An unconventional offence doesn’t have any mens rea (guilty intentions). For example: white collar crimes, socio economic offences, organized crimes.

All the traditional or conventional crimes are more common and are dealt with the general laws of crimes. But the case with socio economic crimes are different, the name itself suggest that, it’s a combination of social and economic crimes.

Social crimes are crimes that affect the health and the morals of the public and economic crimes are offences that affect the economy of a country. They are dealt with special laws of crimes.

Socio Economic Crimes/ Offences

The criminal acts with the benefits of business or profession is referred as socio economic offences. When an offence is committed by highly influential and might people of the society it is referred as white color crimes. These offences bring traumatic threat to the survival of social order. These crimes go against the economy and interest and are also committed with no guilty intentions where the offender tries to increase his personal gain regardless of the consequences of the society. They are dealt with special laws of crimes in order to tackle the problem, it became acute and then chronic. In this the concept of mens rea was diluted, said to be minimal or declared as nonexistent.

Fatures

Motive

The motivation of the criminal is basically acquisitiveness or mercenary.

Background

Unlike the conventional crimes, these crimes don’t have any emotional grounds. There isn’t any emotional reaction between the offender and the victim.

Mode of operation

What the offender does is considered as a fraud and not force

Knowledge

These crimes are committed intentionally and willfully

Interest protected in two fold

Social interest in the preservation of

The property, wealth or health of individuals and national resources.
The economy as a whole

Social interest in augmentation of the resource of the country by enforcing laws, relating to taxes, duties, foreign exchanges, foreign commerce, industries etc

The most cardinal feature is that, these offences don’t have a direct individual victim, rather a whole society. The element of immediate and direct impact, is absent in these types of offences.

Offences under Socio Economic Offences

Following are the offences that are classed as socio economic offences.

Any act that prevent the growth of the country and jeopardize the economic health
Public servants misusing their positions
Evasions or circumvention of taxes
Breaching of contracts where, the output results in delivery of goods against specifications.
Black marketing and cacheing
Adulterating food and drugs
Thieving and misappropriation of public properties and funds
Trafficking in matters of licenses, permits etc

Many a times the term “white collar crimes” is used as synonym for socio economic offences, but socio economic offences are much more than that. White collar crimes are also a part of socio economic offences where they are categorized as a separate criminal offence under the tag “crime by upper class of the society”.

A big corporate guilty for fraudulent tax evasion and a workmen submitting false returns of income are not different. In the end either of the acts obstructs the economic growth of the country, but the former one is classified as white collar crimes because of it status.

Roots of Socio Economic Offences

Following are some of the reasons for the rise of socio economic offences

Industrial revolution

When the economies evolved from agricultural based countries to industry based, that’s when the crimes did evolve largely from conventional ones to non conventional ones.

World war 2

Post war, the conditions of most of the countries were miserable and people started adapting to the change in the working of the society considering it as a new normal, which paved way for the emergence of the new offences.

Businesses

As the economies were in the industrialization phase, new businesses came up, the extreme competitive edge between the business to surpass the other and stay in the first or top made every one desire to adapt to any mean, which will fulfill their need.

Laws Dealing with Socio Economic Offences

To conduct a penal proceeding on the criminal “n” number of acts were framed. These acts also give direction for channelizing activities of trade, commerce, contracts etc.

The central excises and salt act,1944
The foreign exchange regulation act,1947
The prevention of food adulteration act,1954
The essential commodities act,1955
The wealth tax act, 1957
The income tax act,1961
The custom act,1962
The gold control act,1968

Other relevant acts are

Imports and exports (control) act,1947
The drugs act
CrPC
IPC
The passport act
The criminal law amendment act,1952

Current Scenario

With increasing technological advancement and development, there is an increase in advanced malpractices. These practices have advanced in proportion to the advancement and development in the present state. The awareness that people has on conventional crimes and the urge to eradicate them is lacking when it comes to un-conventional crimes.

This lack of awareness set the scene for socio-economic crimes to slowly feed on the resources. A collective effort and proper awareness will only help in preventing the offences. Moreover the role of legislative and judiciary is also important. It should more actively involved in addressing socio economic crimes. In that way also they can spread awareness among the people about the offences of this nature. Judiciary should be more careful in using legal principles, policies and precedents while dealing with these types of crimes.

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In a petition filed before the Orissa High Court regarding the circulation of offensive videos on social media websites or applications. The Habeas Corpus petition was filed by the father of the girl. The girl (the petitioner here) who was being harassed by one of the respondents circulating some of her offensive videos on social media had been rescued.

The petitioner has mentioned in her application that she had filed an FIR before the inspector at the Jagatpur Police Station, Cuttak, but it still was not registered and neither any action was taken against the accused. In a similar case adjudged by the single bench of Justice SK Panigarhi, the court noted that the petitioner was on the receiving end of abuse and unabated mental torture, and thus rejected the bail application of the accused.

The court directed the police to take cognizance of the matter as soon as possible and examine the FIR. And look if the case has not already been registered. If it is, then take up further investigations and raid the house of the accused is required.

The court in its observations also noted that young people especially women are usually on the receiving end of the of harmful abuses and torture and any accused would secretively outrage the modesty of the woman concerned if the right to be forgotten is not recognised sooner.

G_Samwell_Rajendran_v__The_Principal_District_Check Complete Judgement

Report By- Tanuj

Hina-Haneefa, a trans-woman files an affidavit in the Kerela High court, raising her voice against Section 6 of the National Cadet Corps (NCC) 1948 Act which allows only males and females to enrol with the Corps.

WHAT IS CONTENTIOUS IN SECTION 6 OF NCC ACT?

This acts provides for the composition of a National Cadet Corps, which comes under the Ministry of Defence.

Section 6 of the same lays out the enrolment criteria which are as follows:

Enrolment.—(1) Any student of the male sex of any university may offer himself for enrolment as a cadet in the Senior Division, and any student of the male sex of any school may offer himself for enrolment as a cadet in the Junior Division if he is of the prescribed age or over.

(2) Any student of the female sex of any University or school may offer herself for enrolment as a cadet in the Girls Division: Provided that in the latter case she is of the prescribed age or over

Pertinently, the act talks about the enrolment of only boys and girls, what is not to be ignored is the fact that this act came into existence in 1948, and the awareness regarding trans-genders identification as the third-gender and their rights came in somewhat later years, In the latest judgement, Navtej Singh Johar v. Union of India section 377 was classified as unconstitutional.

BACKGROUND

Hina-Haneefa, A student of Thiruvananthapuram University College, had gone threw two sex reassignment surgeries and procured a transgender identity card under the Kerala government’s Transgender Policy, 2015

She challenged NCC’s exclusion of transgender people from its programme in the college as she wanted to join NCC.

THE SUBMISSIONS MADE IN RESPONSE

Kochi: In their submissions, The National Cadet Corps (NCC) informed the Kerala High Court that due to lack of any provision the transgender people cannot be allowed into NCC.

As per the existing policy, The divisions created in NCC as of now were only for girls and boys cadets, the NCC said.

The Central government told the Kerala High Court that

“There is no provision in the law allowing entry of Transgender persons to Armed Forces and National Cadet Corps (NCC) and it is the prerogative of the Central government to decide whether or not the same should be allowed”

In fact, before creating a new division for the third gender, the Central Government has to conduct a major exercise in terms of reviewing infrastructure facilities, modules and facilities that are binding to such divisions. Any induction of a candidate not from male or female gender without due deliberations by the authorities would have far-reaching ramifications. The issue of raising a new division is a policy decision.

In their submissions, they pointed out that Hina has registered herself as a trans-woman in the college and she can’t apply for the post of NCC cadet in the capacity of a female.

It was highlighted that one of the primary aims of NCC was to groom cadets for a future with the Armed forces whereas, there is no provision existing for the entry of transgender people (female/male) in the Indian Armed Forces.

THE COURT’S STANCE

In one of the prior hearings of the matter, the Kerala High Court rebuked the Central Government for failing to formulate a policy to enrol trans persons with the corps. It had commented that the world has developed and the government cannot afford to remain in the 19th century.

“Justice Devan Ramachandran, who was hearing the plea, had commented “Certainly there are three genders, male, female, and transgender. In this case the lady, the petitioner herein, has decided to assign to herself her gender as a woman and she has gone through surgery also. Nothing stops you from admitting her even under the NCC Act as a woman”

Isn’t it the government’s responsibility to protect the rights of the minorities be it trans-genders, religious or minorities in any other capacity, Judiciary has always come forward to play its role?

The High Court of Madras has recently granted relief to a lawyer by setting aside the order of a Principal District and Sessions Judge who had found him guilty of the usage of unparliamentary words in the virtual proceedings of the court. (G Samwell Rajendran v. The Principal District and Sessions Judge, Thoothukudi).

Facts of the case

Advocate G Samwell Rajendran was appearing before the Principal District and Sessions Judge virtually through a WhatsApp video call for an application of bail of his client when he suddenly started uttering certain unparliamentary words. This was observed by the learned Public Prosecutor, Stenographer, Protocol Officer and System Analyst. On this, the learned judge issued a show-cause notice under section 228 of IPC r/w section 345 of Cr.P.C. through email to the advocate concerned and the latter replied by email as well. The learned judge was not satisfied by the email received, and imposed s fine on the advocate of Rs. 200 and referred the matter to the Bar Council, against which the Advocate has filed for a revision this revision case.

Arguments

The learned Principal District judge of Thootukudi reported that the advocate had during the virtual proceedings of the court had uttered the usage of some unparliamentary words which are unacceptable and cannot be brushed aside. Further, he noted that there is no dispute over the facts and the appellant was given the opportunity to file his reply through mail indicating sufficient time, which the court found unsatisfactory.

On the other hand, the appellant had mentioned in his reply that because of poor signals he was attending the virtual proceedings in his car and someone had very rashly driven and caused scratches to his car. And in the spark of that moment, the appellant had abused the driver. The appellant had no intention to disrupt the proceedings of the court or insult the court of law. The appellant has further mentioned that he was not given the opportunity for a physical hearing and he, not being accustomed to the technology found a typographical error in his reply. Instead of writing, ‘this would not occur in future’, the judge mistakenly must have misunderstood ‘it would not occur in due course’. Moreover, he also submitted that even after paying the fine, the learned Principal District Judge had referred the matter to the Bar Council.

Judgment

The high court mentioned in its judgment that considering the fact that the virtual courts have been introduced for the conduction of proceedings and that the appellant had extended his apology, the order of the district court must be set aside along with the fine being refunded to the appellant.

Report By Tanuj

The Supreme Court in its judgement recently held that it had now been made permissible to switch a charge that was under Section 149 of the Indian Penal Code into a charge that was under Section 34 of the Indian Penal Code if the facts prove that the crime was actually committed in the furtherance of an intention that was common.

[THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS.V. SHAJI POULOSE & ORS]

The bench comprised of Justices SN V Ramana, Surya Khan and Aniruddha Bose and it observed that Sections 211 to 224 of criminal procedure code give significant flexibility to courts for altering or rectifying the charges as these sections deal in the framing of charges in criminal trials.

The bench while giving the judgement quoted the dictum laid down in the case of Karnail Singh v State of Punjab (1953). It had been held in this case that

“…if the facts to be proved and the evidence to be adduced with reference to the charge under Section 149 would be the same if the charge were under section 34 then the failure to charge the accused under Section 34 could not result in any prejudice and in such cases the substitution of Section 34 for Section 149 must be held to a formal matter.”

The bench also made observations that even when the Sections 34 and 149 of the Indian Penal Code are both modes for apportioning vicarious liability on either individual members of a group there actually exists some important differences between the two provisions and Section 149 of the Indian Penal Code has been formulated to assign liability on the basis of membership of an unlawful assembly however Section 34 requires such active participation and a prior meeting of minds so that the section can be proved. Such common intention, however, is in reality usually referred to indirectly on the basis of the conduct of the individual and it is very rarely done with the help of direct evidence.

What do Sections 149 and 34 of the Indian Penal Code provide?

Section 149 of the Indian Penal Code provides for the vicarious liability of members who engage in an unlawful assembly for the crime committed by any member of the assembly for the furtherance of a common object and also makes such persons liable for the same punishment. The prerequisite required for invoking this section is that there should be more than 5 or at least 5 persons in the assembly.

Section 34 of the Indian Penal code, on the other hand, holds that whenever a criminal act is done by several persons in the furtherance of any common intention that is held by each one of them then each of such person is liable for that act in the same manner as if it was done by either of them alone.

In the present case, the Supreme Court was actually dealing with a situation where 3 out of a group of 7 persons who had been accused under section 307 of the Indian Penal Code which provides for an attempt to murder had been acquitted. Since the number of convicts under the assembly had now become less than 5 hence the application of Section 149 was not possible in the present case the issue, therefore, arose before the court as to whether it was lawful if the court could make the use of Section 34 of the Indian Penal Code that is the common intention in order to ascribe criminal liabilities to members of the group.

What the Supreme Court opined-

With the reference made to various precedents, the Supreme Court came to the conclusion that Section 34 of the Indian Penal Code could be used in such a situation if the common intention had already been proved.

The Supreme Court was of the decision that the appellants had not suffered any unfavourable effects when three of them had been held individually guilty for the offence by the Punjab and Haryana High Court for attempting murder without the aid of Section 149 of the Indian Penal Code thus on the said facts the Supreme Court was of the opinion that the requirements of Section 34 of the Indian Penal Code had been well established in the present case as the attack was apparently premeditated.

Consequently, the conviction of the appellants under section 307 of the Indian Penal Code for the attempt of murder was thus upheld.

Report By-Alifya Kasimuddin

Judgement_09-Dec-2020-LexpeepsCheck here

An interesting dauntless move made by the Principal Sessions Judge Abdul Rashid Malik in

Sheikh Salman v. JKUT through SHO P/S Saddar, Srinagar

He stated that he gets a mobile call at 9:51 in the morning from the Secretary to Justice Javed Iqbal Wani of the Jammu and Kashmir high court when the bail plea moved by one Sheikh Salman was condemned to be heard. the contents of the call made by Tariq Ahmad Mota, Secretary to Justice Wani, were:

“I have been directed by the Hon’ble Mr Justice Javed Iqbal Wani to convey you to make sure that no bail is granted to Sheikh Salman. If there is any Anticipatory bail pending, the direction is the same.”

Ad rem, the president for Jammu and Kashmir High Court Bar Association (J&K HCBA) Mian Abdul Qayoom is the father-in-law Of Justice Javed Iqbal Wani.

Mr Qayoom was arrested during the clampdown launched last year, ahead of the Centre’s move to revoke J&K’s special status. Mr Qayoom was upheld in detention under the stringent Public Safety Act (PSA) and his release was opposed by Justice Wani, as government’s advocate.

The applicant in the case was alleged to be accused of being punishable for attempt to Murder, Wrongful restraint and Hurt which are covered under sections 307, 341 and 323 of the Penal code.

Mindfulness of a person’s right to liberty Abdul Rashid Malik took a courageous step

He directed in an order dated December 7 that the bail application be submitted to the Registrar Judicial of the High Court, and requested that the same may be placed before the High Court Chief Justice Gita Mittal

On 11th of December The bail application was further directed to Additional District and Session Court, The accused was granted the anticipatory bail in the same.

Ad rem, In view of the retirement of the Chief justice Gita Mittal, Justice Rajesh Bindal has been appointed by the President as the Acting Chief Justice (CJ) of the Jammu and Kashmir Court

Report By Anjali Singh

This article is written by Akhilandeswari Bonam,a student of Sri Padmavati Mahila Visvavidyalayam, Tirupati.

INTRODUCTION

Means and Methods of Warfare are the procedures by which the military commanders used the weapons in conflicts.
Where conflicts arise between two armed forces or civilians, the military commanders use the strategies of methods of warfare against an enemy.
The strategies and techniques which are used in conflicts are the methods of warfare. A number of methods are specifically prohibited under treaty and customary IHL. Means of warfare are the weapons or weapons systems used. Example: chemical weapons, anti-personnel mines etc. The use of a specific weapon in armed conflict can be completely prohibited and the weapon itself considered unlawful.

Object

The IHL states the objective of war is to weaken and overpower the opponent’s military forces. It restricts the weapons and their ways of usage in war.
IHL prohibits the means and methods which cause unnecessary injuries and suffering. IHL also prohibits the means and methods which
1. fail to discriminate between military commanders and civilians,
2. cause severe damage to the environment.
The purpose of prohibition is to protect population, individual civilians and civilian property.
IHL has therefore banned the use of many weapons, including exploding bullets, biological and chemical weapons and laser weapons etc. The purpose of HL is to strike a balance between military necessities and human needs.

Precautions in Attack

• To verify that the objectives to be attacked are in fact legitimate military targets
• To choose means and methods of warfare to avoid or minimize collateral damage
• To refrain launching an attack which does not meet the proportionality test.

Restrictions under IHL

The IHL forbids the killing or wounding of any enemy person who surrenders or is unable to fight, they must be protected by the party in whose power they found themselves. It also restricts to provide medical personnel, hospitals, supplies and ambulances.
Weapons Prohibited by protocols:
i. Protocol I prohibits the use of any weapon which causes injury by fragments.
ii. Protocol II prohibits the use of mines, booby traps and other similar devices.
iii. Protocol III prohibits the use of incendiary weapons and the weapons which are primarily set to cause fire on opponents.
iv. Protocol IV prohibits the use of laser weapons specifically designed to cause permanent blindness.
v. Protocol V requires the parties to a conflict to take measures to reduce the dangers posed by explosive remnants of war.
These protocols applied to both international and non-international armed conflicts after the 2001 amendment.

Limitations of warfare adopted by the Philippines

The Philippines has ratified almost all relevant IHL treaties and conventions. It is also one of the first Asian countries to adopt a domestic law providing punishments for violations of IHL and an act protecting the use of the Red Cross and other emblems. The Philippines have integrated the teaching of IHL in the armed forces, judiciary and police institutions.

Rights of Prisoners under IHL

There are detailed rules governing the conditions of detention for prisoners of war and the way in which civilians are to be treated when under the authority of an enemy power. These rights include provision of food, shelter and medical care and also right to communicate with their families.
The rules and regulations on the conduct of hostilities:
Principle of Military necessity: It permits measures which are actually necessary to accomplish a legitimate military purpose and are not otherwise prohibited by IHL.
Principle of Distinction: It prohibits Indiscriminate attacks.
Principle of Proportionality: It prohibits attacks which may be expected to cause incidental loss of civilian life, injury or damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. Where conflicts severely take place this principle becomes more crucial.

Three Criteria for Direct Participation in Hostilities

Action must be likely to cause harm, it also consists in any death, injury or destruction of a person’s or objects protected against attacks including civilians and civilian objects.
Direct causation: According to ICRC the harm in question must be brought about in one casual step.
Belligerent Nexus: The act must be closely related to the hostilities and constitute an integral part.

Fundamental Principles of the Red Cross

The fundamental principles of the Red Cross and the Red Crescent are seven, they were adopted in 1965.
1. Humanity
2. Impartiality
3. Neutrality
4. Independence
5. Voluntary Service
6. Unity
7. Universality

Out of seven, the four are the core principles.

1. Humanity: It is the essential principle of humanitarian action, it sets the whole purpose of humanitarian action which is to prevent and alleviate suffering of people affected by humanitarian crisis but also to protect life and natural respect for human dignity.
2. Impartiality: It is an integral part of this idea of humanity. The relief action will be given irrespective of the political sympathies, or race, religion or gender. Aid should be based only on urgency and severity of the needs and also irrespective of personal bias.

It has three important aspects:

• Non-discrimination

• Proportionality

• Exclusion of personal bias.

3. Neutrality: It has two main aspects

I. Military neutrality, which is not taking side hostilities.
II. Ideological and religious neutrality, which is to abstain to engage in controversies of religious, political nature.

4. Independence: It is about maintaining autonomy from any parties to the third party in a given conflict i.e., either political or economic and military interests of any party in a given conflict.

Public International Law provides some guidance on the type of conduct that would be arbitrary and circumstances in which withholding consent would be arbitrary, essentially it is in three situations.

1. Withheld in circumstances that would violate a party’s other obligations under IL towards the civilian population in question.

2. If withholding consent violates the principles of necessity and proportionality.

3. If consent is withheld in a manner and that is unreasonable and just lacking in predictability or otherwise inappropriate.

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This article is written by Gaurav Purohit, a student of Amity University Rajasthan.

INTRODUCTION

The Judiciary assumes a significant role in maintaining and promoting the rights of residents in a nation. The dynamic function of the judiciary in maintaining the rights of residents and protecting the constitutional and general set of laws of the nation is known as Judicial Activism. This involves, in some cases exceeding into the territories of the executive. Candidates should realize the judicial overreach is an aggravated version of Judicial Activism.

Judicial Activism is viewed as an achievement in liberalizing access to justice and giving relief to the disadvantaged group, on account of the endeavors of judges V R Krishna Ayer and P N Bhagwati.

The Black’s Law Dictionary characterizes judicial activism as Judicial Philosophy that inspires judges to depart from the conventional precedents in favor of reformist and new social policies.

Methods of Judicial Activism

There are different strategies for Judicial Activism that are continued in India. They are:

Judicial Review: power of judicial activism of the judiciary to interpret the constitution and to announce any such law or order of the legislature and executive void, if that it discovers them in contradictory to the Constitution)
PIL: The individual filing the petition must not have any private interest in the litigation, this petition is acknowledged by the court just if there is an interest of large public included; the aggrieved party doesn’t file the petition.
Constitutional Interpretation which is the Supreme Law of Land.
Supervision of higher Courts on Subordinate Courts
Access to the international statute for ensuring Constitutional Rights.

Importance of Judicial Activism

It is a viable instrument for maintaining residents’ privileges and implementing principles of the constitution when the legislature and executive fail to do so.

Residents have the judiciary as the last hope in securing their rights when all other doors are closed. The Indian Judiciary has been considered as the gatekeeper and defender of the Indian Constitution.

There are provisions in the constitution itself for the judiciary to embrace a proactive job. Article 13 read with Articles 32 and 226 of the Constitution gives the power of the judiciary to the higher judiciary to announce any executive, legislature, or administrative’s action void if it is in contradiction with the Constitution.
As per specialists, the move from locus standi to public interest litigation made the judicial process more participatory and democratic.
Judicial activism counters the feeling that the judiciary is a spectator.

CASES OF JUDICIAL ACTIVISM

In 1979, the Supreme Court of India decided that undertrials in Bihar possessed as of now served time for more period than they would have, had they been convicted.
Golaknath case: The inquiries, for this case, were whether the amendment comes under the definition of law under article 13 and can the Fundamental Rights can be amended or not. SC mollified that Fundamental Rights are not agreeable to the Parliamentary restriction as expressed in Article 13 and that to amend the Fundamental rights another Constituent Assembly would be required. Likewise expressed that Article 368 gives the system to amend the Constitution yet doesn’t present on Parliament the power to amend the Indian Constitution.
Kesavananda Bharati case: This judgment characterized the basic structure of the Indian Constitution. The SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution couldn’t be repealed even by any constitutional amendment. This is the basis in Indian law where the Judiciary can strike down an amendment passed by Parliament that is in abrogation or violation of the basic structure of the Constitution of India.
In the 2G scam, the SC dropped 122 telecom licenses and range assigned to 8 telecom organizations because the process of allotment was imperfect and it was flawed.

The Supreme Court revealed a sweeping prohibition on fireworks in the Delhi – NCR region with specific exemptions in 2018.

The SC conjured terror laws against alleged money launderer criminal Hasan Ali Khan.

Advantages of Judicial Activism

Judicial Activism sets out a provision of balances and controls to different parts of the public authority. It emphasizes required innovation via a solution.
In situations where the law neglects to build up a balance, Judicial Activism permits judges to utilize their judgment.
It places trust in appointed authorities and gives bits of knowledge into the issues. The oath of bringing justice to the nation by the Judges doesn’t change with judicial activism. It just permits judges to do what they see fit inside justified rationalized limits. In this way demonstrating the instilled trust and confidence is placed in the justice framework and its decisions.
Judicial Activism causes the legal executive to keep a check the abuse of power and authority by the state government when it meddles or interferes and harms the resident or citizens.
In the issue of the larger part, It helps address issues quickly where the lawmaking body gets stuck in taking decisions.

Disadvantages of Judicial Activism

Initially, when it outperforms its capacity to stop and abuse or maltreatment of power by the public authority. As it were, it restricts the working of the public authority.
It abuses the constraint of power set to be practiced by the constitution when it supersedes any current law.
The legal opinions of the adjudicators once taken for any case turns into the norm for administering different cases.
Judicial activism can hurt general society everywhere as the judgment might be affected by any personal bias or selfish intentions.
Repeated interference of courts can reduce the confidence of the individuals in the trustworthiness, quality, and productivity of the public authority.

CONCLUSION

Judicial Activism is the role played by the Judiciary to maintain the lawful and constitutional rights of the residents. Judiciary Exercises activities its own power to execute or strike down the laws and decides that encroaches or infringes the privilege of the residents or is to benefit the general public everywhere, whatever the case might be. Judiciary has gained their power with judiciary activism as the adjudicators can take up issue suo-moto any place they believe that constitutional laws are being abused and violated, in any case, with judicial restraint, a similar judiciary needs to abide by the executive who is given the sole power to administer for the general society.

Judicial activism is an item created exclusively by the legal authorities and not supported by the Constitution. When the legal executive surpasses the line of the powers set for it for the sake of legal activism, it very well may be properly said that the judiciary at that point starts to negate the idea of separation of power set out in the Constitution. If judges can openly choose and settle on laws of their decisions, it would not just conflict with the guideline of separation of powers yet will bring chaos and confusion in the law as each judge will begin composing his laws as per his prevailing fads and quirks. Judiciary exercise must be respected to keep a proper balance.

Making laws is the capacity and obligation of the lawmaking body, to fill the gaps of laws and to execute them appropriately. So that’s the only work remaining for the judiciary wing is interpretations. Only a fine balance between these administration bodies can support the constitutional values.

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This article is written by Gaurav Purohit, a student of Amity University, Rajasthan.

Background and Facts of the Case

The police of Mumbai arrested two girls their name was Shaheen Dhada and Rinu Srinivasan in 2012 for imparting their dismay at a bandh acquired in the wake of Shiv Sena leader Bal Thackery’s demise. The young girls posted their comments on Facebook. The arrested young girls were released later on and it was chosen to drop the criminal cases against them yet the arrests of them pulled in across the nation protest. It was assumed that the police have abused its power by conjuring Section 66A simultaneously, it is a breach of the fundamental right of speech and expression which is mentioned under article 19 of the Constitution of India

The offense provided under section 66A of the Information Technology Act being cognizable, and law enforcement agencies have the power to arrest or carry out the investigation without warrants, because of charges brought under the information technology act. The result of this was several exceptionally well-known arrests of individuals all through the nation for posting their perspectives and feelings though govt called them objectionable content however more frequently these content were contradicting political opinions. On January 2013, the central govt had turned out with advisory under which no individual can’t be arrested without the police having the prior approval of inspector general of police or some other senior authority to him/her. The High Court called the whole order identified with the constitutional validity of the information technology act or any section inside it under a single PIL case.

Issues of the Case

Whether Section 66A, Section 69A, and Section 79 are Unconstitutional, null, and void? As the language of all these sections was violating Article 14 and Article 19 Article 21 of the Constitution which is also known as the Golden Triangle of the Constitution

Petitioner’s Arguments

Section 66A takes away or abridges the Freedom of Speech and expression ensured under Art. 19(1)(a) and isn’t saved by the reasonable restriction referenced under Art. 19(2). That causing of irritation or annoyance, burden and inconvenience are outside the extent of Article 19(2)

Section 66A looks to create an offense yet have infirmity also, bad habit of unclearness as it doesn’t characterize the terminology utilized in it. The terminology utilized are subjective in nature and are left open at the desire and will of the law implementation agencies to interpret it. The limitation is absent.

Article 14 was violated as there was no intelligible differentia the necessary link as to why just one method of communication is focused by this section. So it was self discriminatory.

Respondent’s Arguments

The legislature is in the best situation to address the necessities of individuals and the courts will only step in when a law is violative of Part III and there is the assumption for Constitutionality of the law in question. The court would so interpret a law to make it practical and in doing so can add something extra to or read down the provisions of law. Only probability of abuse can’t be a justification to proclaim a provision invalid. Free Language is utilized to defend or safeguard the privileges of the individuals from the individuals who abuse them by utilizing this medium. Vagueness isn’t a ground to announce a statute unlawful if it is generally qualified and non arbitrary.

Judgment

Section 66 A was struck down completely violating Article 19 (1) (a) which provides for the fundamental right of freedom of speech and expression and not saved under Article 19(2). Section 66A was about the punishment for sending offensive messages through different communication services Section 69A and IT (methodology and defend for obstructing for access to data and information by public rules are constitutionality valid. Section 79 is substantial or valid subjected to reading down of Section 79(3) (b). Section 118(d) of the Kerala Police Act was struck down and it was public order.

Conclusion

The judgment has protected and saved the fundamental right of freedom of speech and expression also, the expression is given to individuals under Article 19 (1) (a) of the Indian Constitution and restraining the state from the arbitrary application of power in setting to freedom referenced under article 19 of the constitution, simultaneously Given clear rules and guidelines for additional enacting law according to reasonable restriction on fundamental right and opportunity given by Indian constitution. But miss imploring the standard of transparency for rules to block the particular website. Needs some further cross-examination and fine-tuning as to viewers right as he/she should know why the state isn’t permitting them to have certain data and information and that reason can be challenged by the viewers also Notwithstanding, the Apex Court has put a lot of confidence in technical and complicated government process dependent on a dicey understanding of the abilities and capacities of the different parties involved. For instance, the law concerning the content-blocking method has been pronounced on the belief and assumption that the blocking of website rules (2009) gives a reasonable possibility and opportunity to be heard and to challenge an unconstitutional blocking order.

Other Landmark Cases Referred by Court of Law

Romesh Thapper v. State of Madras 1950 AIR 124

Khushboo v. Kanniamal & Anr (2010) 5 SCC 600

Bennett Coleman & Co. V. Union of India & Ors [1960] 2 S.C.R. 1671

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In this article T.PREETHI, student of government law collage, Tirunelveli, Explains about the concept of CRIME and TORT, along with the difference.

Crime and tort are frequently used words, but what do they mean and where do they differ?

Tort

The concept of tort can be defined as a civil wrong, due to which a person unfairly suffers an injury or harm, which leads to legal liability for the person who is responsible for that act. There are two parties involved in this, one is a tortfeasor and the other one is a plaintiff or injured person.

Tortfeasor is the person who commits the tort or the wrongful act and plaintiff is the person who suffered/suffers the loss. Tort action is the term that is used to define a lawsuit filed against the tortious act.

Evolution in India

Tort took its shape in the Indian legal system, taking its roots from the principle of tort law that was developed in the United Kingdom. In most of the landmark judgments that were delivered in India, precedents were taken from the House of Lords or courts in England. All the tort related cases in India are tried in civil courts and the relief includes monetary compensations or an order for injunction or restitution.

Elements that Constitutes Tort

Wrongful act

The primary element is an act, an act by the tortfeasor either by committing something or by omitting to do something that was supposed to be done. This results in breach of duty and needs to be fixed by the authorized person, who holds a position to do so or needs a legal remedy.

Legal damage:

Secondly legal damage, it is the result of breach of any legal right, which the plaintiff needs to prove, the burden of proof lies on the shoulder of the plaintiff. In the landmark case of Ashby vs. white the polling officer restricted the citizen from casting his vote, which constitutes the losing of the voting right. The candidate to whom the citizen was about to vote got elected and in this candidate didn’t suffer any actual damage, yet the polling officer was held liable under the concept of damnum sine injuria because it was a breach of the voting right of the citizen.

Legal remedy:

The last element is the legal remedy which can be availed in the court of law. The remedy is given in the form of monetary compensation or an order for injunction or restitution.

Types of Torts

Intentional tort:

This is a tort caused with the intention, where in the person doing the act, does that purposefully. The person doing the act is well aware of the fact that if he does something wrong or omits doing an act, then it will cause injury or damages to the other people.

This includes act such as

Assault
Battery
Trespass
False imprisonment
Slander or defamation and
libel

Negligent tort:

This usually occurs when a person performs an act without a level of care. It is important to prove that there isn’t any need for additional care to be taken when performing that act.

It includes tort such as negligent harm to the body or to the property of a person.

Tort under strict liability:

Any tort committed by a person under this head will make him liable irrespective of his intention to commit any wrong. The courts have deemed to fit to rule out the need for proving the intention in this case.

For example: producing products with defaults and manufacturing medicines that would have negative effects on humans are examples for this. In the above mentioned cases the manufacturer is the one who will be held liable. This doesn’t affect the others in the supply chain.

Crime

The concept of crime is defined by many jurists in many different ways.

Blackstone defines crime as an act committed or omitted in violation of a public law either forbidding or commanding it.

Stephen defines crime as a violation of a right considered in reference to evil tendency of such violation as regards the community at large.

Elements of Crime

The four major elements of crime are

Human being

The wrongful act committed should be done by a human being is under legal obligation to act in a specific manner and in a place of being punishable.

In section 11 of Indian penal code, 1860 (IPC), the word “person” includes a company or association or body of person whether incorporated or not. It also includes artificial or judicial persons.

Mens rea

The next element is the intention or mens rea. There can be no crime of any nature without evil intent or guilty mind. The intention to commit a crime is considered as a fundamental principle of criminal liability.

Actus reus

It states that an overt act or illegal omission should take place with a guilty intention (mens rea). The manifestation of the guilty intention is actus Reus.

Injury

The last element is injury. The injury is caused to an individual or a group at large. The injury should be a illegal one caused to a person’s body, mind, reputation or property as per section 44 of IPC.1860

Difference Between Crime and Tort HAT MAKES THEM DIFFERENT?

*CRIME*	*TORT*
It deals with the interest of the society.	It’s an act against an particular individual
The proceedings are dealt in the criminal courts of the respective jurisdiction.	These proceedings are held in the civil courts of the respective jurisdiction
A criminal act involves mens rea and actus reus	A tortious act is mostly out of negligence of a person.
The defendant in this case is punishable under the criminal law	The defendant has to bear the loss in terms of monetary compensations
It follows the criminal procedure	This follows the civil procedure.

CONCLUSION

In tort the defendant is ordered to compensation in order to compensate for the loss that was suffered by the plaintiff because of the negligence and in order to get back things to the old form for the plaintiff. While in crime the defendant is punished under the criminal law to induce a fear in the society and make restrain them from committing a criminal law in the future.

On the whole both the laws help the citizens to claim damages protect themselves from these wrongful acts.

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