Category: Criminal Law

IPC PROVISIONS FOR THE OFFENSES AGAINST THE SOCIETY AT LARGE
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S.no Contents 1. Introduction 2. How crime is defined by society? 3. Analysis of crimes against the society 4. Recent developments 5. Conclusion Introduction A crime committed against society at large that puts society’s safety at risk is known as public tranquillity or offense against society. It is not necessary that an actual offence is committed towards society, even an apprehension is created in the mind of the public at large or society, even if an apprehension is created in the mind of the public at large or the society that they are under the threat of an offense or an action by any person would result in an injury to them is necessary enough to constitute to an offense against the society. These offenses are usually committed by individuals in a group with a common object to hamper the peace of society.  How crime is defined by society? The word society has been derived from the Latin word ‘ socius meaning association. Therefore, a society can be defined as an ‘association of people or people in a group who are related to each other by means of some common traits. While governing a society, the interests of the people are taken at large rather than depending on the needs and wants of one single person. The requirement of the people at large is considered. Different Legislations are not passed for different individuals, for one single society common legislation is applicable to them. A committed is defined as a crime only when it is wrong in the eyes of society.  If a particular act is not opposed by a group of people, then it can never be considered an offense. For example, trespass, money laundering, and bribery these acts wouldn’t be a crime if it was not wrong in the eyes of society. Therefore, what society thinks is important in defining a crime. The foundation of a society lies in the maintenance of peace and morals. Therefore, chapter 8 of IPC has been framed to deal with those actions which would put society’s peace at risk. The offenses which put public safety at risk can be classified into rioting, unlawful assembly, affray, assembly of five or more people in a situation where dispersion has been ordered and promotion of enmity between different classes of people. Analysis of crimes against the society Section 141- unlawful assembly: Every person has the fundamental right to assemble peacefully under Article 19(1)(b). However, certain circumstances given under section 141 of the IPC lead to unlawful assembly and it is considered a criminal offense. Any assembly which has been formed with 5 or more people with the intention to commit an unlawful offense is called an unlawful assembly. People in groups with a common intention and object to gather unlawfully and create a threat to the public peace is always dangerous. This is the main reason why unlawful assembly is criminalized. When an assembly gathered lawfully turns out to be aggressive and indulges in unlawful means, it will come under the purview of section 141 of IPC. The instances where there is a shift from lawful assembly to unlawful assembly is when the object of the assembly changes to resist legal proceedings, using criminal force against the state or any public servant, to committing trespass or mischief of the property of any person, to using criminal force against a person to make him do something against the law.  In the case P.S. Kirubakaran v. Commr. of Police, Vepery (2021)[1], In this case, a group of advocates indulged in certain criminal activities like forcibly getting possession of certain properties, destruction of properties, etc., and therefore they caused the interruption in the peace of the society. The court charged them with the offense of unlawful assembly and took measures to curb such practices. In the case of Amrika Bai v. State of Chhattisgarh (2019).[2], dealing with the offense of unlawful assembly and the scope of section 141 of IPC was analysed. In this case, the cattle of the deceased jumped on the door of the appellant as a result exchange of words took place and the appellant started abusing the deceased after which an attack by a group of people took place, and eventually the deceased died. The appellant also sustained injuries during the attack and challenged before the court that he was unarmed during the attack and therefore he is not a part of the unlawful assembly. The court acquitted the accused.  Merely a person being part of an assembly that has indulged in an unlawful act is not enough, it is also necessary that at the time of the commission of the act, the people indulged also had the same object. Therefore, in the present times, section 149 is one of the most misused sections as it is difficult to interpret every person’s object in an assembly and there are chances of misrepresentations where an innocent person would be charged with a crime. Section 146- Rioting: Rioting is dealt with under sections 146 and 147 of the IPC. Riot is similar to that unlawful assembly, and the only difference is the term violence. If an unlawful assembly starts to get engaged in any violent act, it will be known as a riot. Therefore, the ingredients of rioting are the same as that of unlawful assembly which is a common intention. Engaging in violence is always a threat to the harmony of society. It will affect the co-existence of society. . Rioting Is committed as a means to show the group’s intention to oppose the policies of the government, the outcome of any legislation passed or a judgment made, etc. Under most circumstances, grave and sudden provocation lead to riots. An act done in sudden provocation is considered a defense under IPC. But the impact of this act is so huge as it can even cause disintegration and heavy losses and damages. In the case Bilkis Yakub Rasool v. State of Gujarat (2019)[3], the appellant wasRead More

Sunil Bharti Mittal v. Central Bureau of Investigation
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Case Number Criminal Appeal No. 34 of 2015 (Arising out of Special Leave Petition (Crl.) No. 2961 of 2013), Criminal Appeal No. 35 of 2015 (Arising out of Special Leave Petition (Crl.) No. 3161 of 2013) and Criminal Appeal Nos. 36-37 of 2015 (Arising out of Special Leave Petition (Crl.) No. 3326-3327 of 2013) Citation AIR 2015 SC 923 or (2015) 4 SCC 609  Forum Supreme Court of India Bench H L Dattu CJI., Madan B Lokur, A K Sikri JJ. Decided on January 9, 2015 Introduction The criminal liability of directors is a core concept in corporate criminal law; it helps regulatory authorities and courts control, prosecute and punish crimes of a corporate nature. Given the artificial nature of companies and corporates, it is the employees and executives of the company that act as its agents. Executives are the ones who take the major decisions on behalf of the company. They can easily control the acts and omissions of the company on a short and long-term basis. Given the enormous controlling power that executives possess, it is vital to have laws, regulations and principles governing the actions of these executives. This ensures that they do not violate the law without fear of repercussions and do not use certain concepts of law to evade punishment.  In the case discussed below, there is a clear explanation of the requirements for holding executives responsible for the acts of their companies, especially in the context of the executives’ names being unlisted in the charge sheet.  Rule of Law decided upon by the Bench The rule of law in this case is: Section 120-B of the Indian Penal Code, 1860, read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988.  Facts & Procedural History of the case The central allegation, in this case, was regarding the 2G spectrum case. An additional spectrum that was beyond the usual spectrum that the Telecom Ministry approves. This approval of an additional spectrum was done with a 1% additional revenue share. Multiple cases had been registered, coupled with investigations by authorities. This transaction caused losses to Government Revenue. It was alleged in multiple investigations that this plan resulted from a conspiracy between Mr Ghosh, the then Telecom Minister and certain Cellular Operators. The case in question is an appeal against an impugned order by a Special Judge, which had issued a summons to the accused in a charge sheet. This order, passed in March 2013, mentioned that the Special Judge was satisfied with the incriminating material recorded so that a summons could be issued against the accused. The Special Judge also stated that the summons was being issued to three executives – Mr Sunil Mittal of Bharti Cellular Ltd., Mr Asim Ghosh of Hutchison Max Telecom Ltd., and Mr Ravi Ruia of Sterling Cellular Ltd.  The Special Judge went on to specify the doctrine of ‘alter ego’ and applied the same to this case. He held that these executives (the appellants in the case) are the alter ego of their companies. So through vicarious liability, they shall be prosecuted for the crimes of their companies. It is pertinent to note that the Special Judge mentioned that their state of mind is the companies’ state of mind, and any acts of the companies shall be attributed to them. Notably, he had not mentioned the reasons for issuing an order of summons to the three executives.  The order was sought to be challenged by two of the three executives, to the extent of the order implicating them as the accused.  Issues raised in the Court of law A singular issue was raised. However, the Court opined on a variety of topics concerning the issue below:  Is the impugned order of the Special Judge, which stated that the Appellants were not named in the charge sheet, valid in law? The decision of the Court on the issues drafted The Court decided that the order must be set aside, given the ambiguity in the impugned order and the wrongful application of a principle to the issue at hand. They had also mentioned clearly that they were not stating that the executives were free of guilt; they merely quashed the impugned order. It is up to the Special Judge to review the incriminating material again and issue fresh summons to the Appellants. Based on the evidence uncovered, the Special Judge may apply Section 319 of the Indian Penal Code, 1860, to include the Appellants in the proceedings to prosecute them further.  Analysis of the judgement The judgement, which Justice A K Sikri wrote, was systematic in its breakdown of the facts and circumstances of the case, along with an analysis of the principle of alter ego and criticism of its application in the present case.  Initially, the counsel for the Appellants contended that the impugned order was erroneous in two parts. The first three paragraphs of the order are regarding Mr Ghosh and the cellular companies involved. The Special Judge had perused all the documents submitted on record to conclude that these accused persons can be further proceeded against. In paragraph four, the Judge detailed the principle of alter ego and stated that the executives of the three cellular companies were responsible for the acts of their respective companies. The Judge had connected these paragraphs to conclude that the three executives (two of whom are appellants) must be issued a summons. Explaining all this, Senior Advocate Salve (counsel for the Appellant) stated that the Judge’s order was erroneous and did not hold good in law.  Continuing, he detailed that the doctrine of ‘alter ego’ has been applied in reverse and that the companies were accused first rather than the directors. For the doctrine to apply, the directors must be held guilty, and so they shall be deemed guilty for the acts of the corporate body. Only when the principle is correctly applied can the agency mode of liability also be applied. For the same, he relied on Iridium India TelecomRead More

A study on the derivative responsibility principle in India
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Introduction Through the judicial system or legal framework, the law is tasked with punishing those who facilitate the commission of a crime and those who commit the crime. The entire process involves several procedures, from filing a complaint to passing a judgement in a court of law. Each of these procedures involves a myriad of theories and principles to be kept in mind. When the issue of initiating criminal charges is brought to the forefront, identifying the culprits is one of the first elements to be dealt with. Assigning responsibility or liability for the crime is vital, as it can make or break the case outcome. However, complications may arise in identifying those directly involved in the case and those who may have been involved in the case indirectly. For this reason, legislatures worldwide must apply various theories of culpability in their criminal laws. This reduces ambiguity and assists the police and prosecution ensure convictions for serious crimes. Below, the various theories of culpability, i.e., liability, that are applied in India’s criminal justice system are explained. Theories of culpability It is easier to understand the theory of culpability if one considers the following: Usually, people are charged for the crimes they choose to commit. In the theories of culpability, people are charged with crimes others commit. Given that India has primarily based its laws around the Common law, it is necessary to begin by familiarizing ourselves with the principles of Common law regarding culpability. In the complicity doctrine, more than one individual shall be responsible for the crime. These individuals may have been involved before and after the crime. The conduct of all the individuals results in the crime, and they shall be charged accordingly. The first-degree perpetrator is charged first. Only after this can the accomplices be brought under trial. Four parties in a crime were recognised by Common law1: The actual perpetrators of the crime (first degree) – those who were directly involved in the commission of the offence The aiders and the abettors (second degree) – those who assisted in the commission of the crime by indirect means The aiders and the abettors (those involved before the fact) – the individuals who facilitated or planned for the offence prior to the commission of the crime The aiders and the abettors (those involved after the fact) – the individuals who assisted the perpetrators after the crime was committed To better understand the same, an illustration can be referred to. The murder of ‘E’ is planned by ‘A’ and ‘B’. ‘A’ kills ‘E’ by using a gun given by ‘C’, who was aware of the intentions of ‘A’. After the murder, ‘A’ seeks the help of ‘D’ to hide the murder weapon and for assistance in evading the police officers. In this illustration: ‘A’ is the actual perpetrator of the crime of murder (first-degree) ‘B’ is the co-conspirator (second-degree)   ‘C’ is the abettor before the crime, who supplied ‘A’ with a gun ‘D’ is the abettor after the crime, who helped ‘A’ by concealing his location from the police and hiding the murder weapon. When aiders or abettors are prosecuted under this doctrine, there is a need for the intention to commit a crime. A closely related theory of culpability is the theory of vicarious liability. In vicarious liability, two parties exist – the principal and the agent. The agent acts on behalf of the principal. Thus, when the agent (the perpetrator) commits a crime, the principal is also liable for the same, as the agent performs the actions instructed by the principal. However, in criminal law, the principal is not responsible for any independent act the agent does.2 In criminal law, this principle is mainly used based on public policy, i.e. in matters where subordinates commit crimes and the higher-ranking officers are punished. In the theory of derivative complicity, the liability of an abettor or aider stems from the perpetrator’s crimes. For instance – if the perpetrator merely attempts a crime, the abettor will be charged for the attempt. However, if the perpetrator fails at the attempt to commit a crime, then the abettor will not be charged for anything. Professor Glanville Williams, in his textbook3 has shared his thoughts on derivative liability, summarised as follows: ‘The offence of invitation is said to be committed when one person enables another to commit a crime, whether as a perpetrator or as an abettor, and whether the incited person commits the crime.’ Essentially, derivative liability is a mechanism to make liable a person who incites or assists another to commit a crime. This is irrespective of whether the actus reus or mens rea elements are completely satisfied by the abettors/co-conspirators. The liability of the abettors is essentially derived from the perpetrator’s liability. However, this theory does not make clear the degree to which the abettors can be made liable – whether to the same degree as the perpetrators or a lesser degree.4 However, in the judgement of R v. Jogee5, the Supreme Court of the United Kingdom has held that the derivative liability, when applied, shall require substantial assistance or encouragement on the part of the abettor. The intention is vital to this theory. There are several levels to the derivative liability theory.6 The first is where the abettor has the same level of liability as the perpetrator. This is the equivalence theory. The agency theory is derived from the civil law rule of agency. So, the effect of an agent’s actions is extended or attributed to their principal. Therefore, the principal derives his liability from the actions of the agent. This theory is not widely used as there are considerable differences between civil and criminal law. The other theory is called the association theory. By associating an abettor with the perpetrator’s actions, the abettor is liable. It is based on mere participation. This is slightly different from the theory of derivative complicity/liability discussed, as it does not include the incitation element. Another vital doctrine relating to derivativeRead More

A study on the recent Crime Report of 2021 by the NCRB
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Introduction Recording events during a nation’s history is crucial in analyzing the circumstances and enforcing appropriate legislation. It enables lawmakers to grasp the current needs of society, based on which they can draft applicable laws and rules. Crime is a result of a complex combination of many volatile variables. By using the sciences of criminology and sociology, it is possible to understand what motivates criminals and what increases the occurrence of crime. When combined with statistics, one can understand the frequency of crime and learn how to decrease its occurrences. Statistics reports have been published by multiple countries for decades, with recent data analyses involving technological advancements for accuracy and ease of analysing. In India, the NCRB publishes yearly statistics crime reports. However, completing such a statistics report is not a single organisation’s job; it requires the involvement and cooperation of the police personnel, courts, state and district data collection organisations and the contribution of NGOs and other groups involved in rehabilitating victims of violent crimes. About the National Crime Records Bureau The National Crime Records Bureau, or NCRB, was set up as a result of multiple organizations being run on a trial-and-error basis until a final organization that was fit for the needs of our nation was obtained. In 1977, the National Police Commission recommended a better data organization system. In 1978, a Committee on Crime Records was established, which reviewed the existing crime records and recommended the police force with specific changes. Following this, a task force was set up in 1985 by the Ministry of Home Affairs to set up a national bureau for crime records. Thus, in January 1986, the NCRB was set up with its headquarters in New Delhi. Crime Report 2021 As with every year since 1986, the NCRB has released the Crime in India 2021 report of Statistics spread over three detailed volumes. The reports can be accessed from the NCRB website.1 The NCRB also contains crime reports compiled since 1953 in its archives; these reports are free for public view. When an overview2 of crime over the decades has been taken, for the past 40 years (1981 to 2021) it can be noted that crime has steadily increased. In 1981, the crime incidence was 13,85,757, with a crime rate of 200.8. In 2021, the crime incidence was 36,63,360, with a crime rate of 268. However, one must not judge the values with haste, as the crime incidences correspond to the country’s population, which has also steadily increased over the past 40 years. A positive is that the charge sheeting rate has also increased through the years, progressing from 61.3 in 1981 to 72.3 in 2021. Summary of crimes in India The significant crimes in India are listed. The incidences of murder have stayed the same since 2020, with the value for 2021 being 29,272.3  5Kidnapping & Abduction has increased from 84,805 in 2020 to 1,01,707 in 2021. Human trafficking, rape and POCSO crimes have also increased in the past year. Concerning the 2021 Crime Report, this analysis will focus on the state-wise statistical information published on the major crimes in India. Violent crimes: Violent crimes in India include murder, grievous hurt, dowry death, rape, kidnapping and Abduction, to list a few. The violent crimes in India are typically grouped into crimes that affect the body (murder, culpable homicide not amounting to murder, attempt to murder, kidnapping & Abduction), crimes that affect the property (dacoity, robbery), crimes that affect public safety (riot, arson), and crimes that affect women (rape, attempt to commit rape). The top five states with the highest number of cases of violent crimes are Uttar Pradesh (52,502), West Bengal (47,904), Bihar (43,780), Maharashtra (43,755) and Assam (26,933).4 Compared to 2020, Uttar Pradesh still leads the country in violent crimes, with the cases increasing marginally. Though West Bengal’s cases decreased compared to the previous year (50,029 cases in 2020), it did not compare to the drastic drop in cases in Bihar (51,116 cases in 2020), thereby making West Bengal the 2nd highest in violent crimes in India. In the Union Territories, Delhi showed 11,793 cases in 2021, followed by Jammu & Kashmir with 3,072 cases. Both countries showed a rise of approximately a thousand cases since the last year. 2. Murder: Murder is the worst possible violent crime that can take place. It very literally disrupts the laws of nature. Uttar Pradesh recorded the highest number of murders in India, with 3,717 cases. Bihar follows it at 2,799, Maharashtra at 2,330 and Madhya Pradesh at 2,034.5 The following is a breakdown of the motives6: Gain – Jharkhand ranked highest with 480 murder cases for gain Personal Vendetta – Bihar with 591 cases Dowry – Odisha with 275 cases Witchcraft – Chhattisgarh with 20 cases Child or Human sacrifice – Kerala with 2 cases Communal violence – Madhya Pradesh with 3 cases Class Conflict – Bihar with 60 cases Casteism – Tamil Nadu and Madhya Pradesh with 9 cases each Love affairs – Uttar Pradesh with 334 cases Disputes (including property, family, money, water and petty disputes) – Bihar with 1081 cases. In UTs, Delhi reported 459 cases, followed by Jammu & Kashmir with 136 cases. Notably, Puducherry’s cases dropped from 39 in 2020 to 19 in 2021, whereas Andaman & Nicobar Islands cases rose from 5 in 2020 to 16 in 2021. The primary motive was a personal vendetta, with Delhi recording 90 cases for the same. 3. Kidnapping and Abduction: Kidnapping and Abduction occur across all age groups, genders and social caste groups. However, the most affected are women and children. In 2021, 34,027 adult victims were kidnapped across all the Indian states. Adults aged 18 to 30 show the highest number of kidnapping incidents, with 22,656 cases recorded. The male-to-female ratio of adults kidnapped in the age group 18 to 30 years is 3361:19,294, which shows that for every male kidnapped, approximately six adult females are kidnapped all over the country. Regarding the kidnapping of children, a totalRead More

Critical Analysis of Revision of order passed under Section 156(3) CrPC
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Introduction Criminal procedural law, in general, kick starts with the registration of a First Information Report (FIR) by the complainant, with the police having jurisdiction over the place of the offence. As opposed to the civil procedure wherein there is no involvement of this institution of police, in criminal law jurisprudence, they do not just have one of the roles in this criminal procedure but also, therefore, form the starting point in the entire criminal procedure with the registration of FIR, extending further to the most vital aspect in this procedure, viz., the Investigation stage. Therefore, registration of FIR and conducting the wholesome process of investigation, which includes inter-alia, and the adducing of evidence to support the prosecution case, are the twin purposes of police in the entire criminal law domain. The Code of Criminal Procedure 1973 deals in great detail with the entire procedural law, wrt criminal cases, in which Chapter XII is dedicated to the stage of investigation and the rules governing it, including the registration of FIR. To again reiterate, registration of a complaint or any other information regarding the commission of an offence, given to the police officer in charge of the police station, forms the basis for initiation of the other procedural requirements under CrPC. In cases of cognizable offences, in which police have the power to carry on an investigation without any order from the Magistrate, the complaint must be reduced to writing into a formal document known as the First Information Report (FIR). Even in non-cognizable offences cases, information must be entered in a station diary or any other written format. Sections 154 and 155 of CrPC, respectively, deal with both these cases. Coupled with these statutory provisions, the honourable Supreme Court, in the landmark case of Lalita Kumari v. Government of UP, reiterated that police officers must and should register FIR upon receiving information regarding the commission of a cognizable offence1. At the same time, CrPC does not leave the informant of the complaint remediless where police refuse to register the FIR to take the complaint. Section 154(3) authorizes the aggrieved informant to directly send the information to the Superintendent of Police concerned, who may then direct his subordinates to investigate or carry the same himself. In a more extreme circumstance wherein the complaint is still not acknowledged by either the SHO or the SP, a final remedy is conferred u/s 156(3) CrPC to directly approach the Judicial Magistrate empowered to take cognizance of the offence stated, u/s 190 CrPC, pleading for ordering an investigation. Guidelines for exercising power to order u/s 156(3) The investigation is that stage of the criminal procedure that exclusively involves how police officers must adduce the evidence and build up the prosecution case. This investigation function is therefore considered the most crucial duty of the police, apart from the general duties of maintaining law and order. This is why the honourable courts have reiterated over and again that investigation, especially in cognizable offences, is exclusively reserved for the investigating agency (viz., generally the police), whose powers are unfettered so long as the investigating officer exercises his investigating powers within the provisions of the law and the legal bounds2. And also, the Judiciary should not interfere with the police in matters which are within their province and into which the law imposes upon them the duty of enquiry3, observing further that the field of investigation is exclusively reserved for the executive through the police dept4. With this set of guidelines running opposite to 156(3) on the face of it, since the Magistrate here is ordering police to investigate, courts have evolved further guidelines to maintain a balanced approach, conferring additional duties upon the courts. Duties of the Magistrate before ordering u/s 156(3) To primarily begin on the aspect in which circumstances and facts that the Magistrate can exercise powers under this section, the courts have dealt in great detail, on a circumstantial level, so that the courts do not use this power in an unfettered manner. In the landmark case of Priyanka Srivastava v. State of UP, the honourable Supreme Court has emphasized the need for exercising due diligence and vigilance while passing an order directing investigation u/s 156(3). The apex court held that no direction should be issued by the magistrate u/s 156(3) without the application of judicial mind, as opposed to a routine passage of directions5. The Magistrate needs to be vigilant with respect to the nature of allegations to identify whether the petition was motivated and had been maliciously instituted with an ulterior motive6. In the absence of such due diligence, the order is liable to be quashed u/s 482 CrPC7. A further duty is conferred on the Magistrate to seek an affidavit from the complainant, on oath compulsorily, to verify the truth and also verify the veracity of the allegations to avoid the harassment faced by the opposite party8 and to ensure fair investigation9. When can the power u/s 156(3) be exercised? As discussed in the introduction to this article, it is primarily the officer in charge of the police station (SHO) who registers the FIR u/s 154(1). Upon SHO denying to take the complaint is when the second remedy to approach the Superintendent of Police (SP) chips in, u/s 154(3). It is the final remedy under this pertinent section 156(3) that the complainant can approach the Magistrate. This reading of the sections clearly, but not explicitly, shows a hierarchy of the complainant’s rights. To remove this tussle, the honourable Supreme Court in Sakiri Vasu vs. State of UP clearly lays down this implied hierarchy within CrPC, in which a complainant can exercise his power to register an FIR. The apex court further explains that even after seeking remedy u/s 156(3), one cannot directly approach the High Court u/s 482 but has another hierarchical remedy to file a criminal complaint u/s 200 CrPC10. Therefore, in a couple of recent cases before the high courts, observations were made stating that if magistrates start acceptingRead More

Close-in-age Exemptions in India
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INTRODUCTION Consent is a nuanced concept, especially when viewed in the context of adolescents, and when the question arises: at what age can one be entirely in the hold of their faculties to be capable of consenting to sexual relations? According to Explanation 2 of Section 375, Indian Penal Code, consent regarding sexual relations has been defined as “an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates a willingness to participate in the specific sexual act.” While the Penal Code only talks about consent in the context of women, the Protection of Children from Sexual Offences Act, 2012 (POCSO) defines a child as any person who is under the age of 18, whether female, male, transgender, or non-binary. Every country has a prescribed age of consent, under which a person cannot be legally said to be capable of giving their consent, even if they engage in sexual relations through their own choice. The age of consent in India is currently set at 18. While the IPC earlier prescribed it to be 16, POCSO set the age at 18, creating a discrepancy. However, the Criminal Law (Amendment) Act of 2013 increased the age under Section 375 from 16 to 18. Therefore, any person under the age of 18 is legally incapable of giving their consent, and any sexual relations they enter into shall be unlawful. Two adolescents under the age of 18 can both be held liable for statutory rape if they engage in sexual intercourse, and if an older person engages in sexual activity with an underage person, it shall be considered statutory rape, even if the two are in a mutual, consenting relationship. Such provisions, while intended to protect children from being exploited, are often misused to prosecute young adolescents who are in consenting relationships. Therefore, many countries all over the world have introduced certain exceptions to the age of consent, one of them being the close-in-age exemption, or the Romeo and Juliet laws. The exemption derives its name from the infamous tale of Romeo and Juliet, teenagers in love, aged 17 and 14 respectively, an occurrence which in today’s day and time would be a crime in several countries. The close-in-age exemption allows for the legal sustenance of a consenting relationship between two people, where either both of them might be underage, or where one might be underage and the other above it, to an extent of a prescribed number of years, and protects adolescents from the grave consequences of being labelled as a sex offender. For example, in Sweden, the age of consent is 15, or 18 if there exists a fiduciary relationship between the potential offender and the underage person. However, they allow for a close-in-age exemption, where a person who makes sexual contact with an underage person is exempted from being prosecuted if they are no more than 3 years older than the underage person. THE ROMEO-JULIET CLAUSE AND INDIA India does not currently have a close-in-age exemption, which means any sexual relationship between two underage people, or that between an older partner and an underage person shall be considered to be statutory rape. This means that effectively all adolescent relationships are criminalized, whether consensual or not. Normal developmental processes such as exploring romantic relationships or one’s sexuality are deemed unlawful, not to mention the misuse of laws designed to prevent sexual violence by disgruntled parents who disapprove of their child’s relationship. In India, relationships are governed largely by systems of caste, religion, and one’s social standing. Families play a significant role even in adult relationships, let alone those of adolescents, which are largely considered taboo and dishonour. Therefore, laws such as POCSO are extensively used by families to exercise increased control over who their children end up with. It is not uncommon for parents to file rape charges against boys from a different caste or religion that their daughters elope with consensually. Without a close-in-age exemption, these boys are prosecuted under POCSO despite the girls refusing to testify against them. Families that have no qualms about marrying their underage daughters to older men readily seek to use the absence of a close-in-age exemption to their advantage only when the relationship does not suit their image. A staggering amount of cases filed under POCSO and other acts are cases of romantic relationships reported by families. A study conducted by the National Law School of India University’s (NLSIU) Centre for Child and the Law showed that cases revolving around romantic relationships accounted for around 21.58% in Delhi, 21.21% in Andhra Pradesh, 20.52% in Maharashtra, 15.69% in Assam, and 5.45% in Karnataka. Certain studies were conducted, whereby the district court cases filed under POCSO in three different cities were examined: Delhi, Mumbai and Lucknow. About 18-54% of all such rape cases accounted for cases of consenting sexual relationships reported by parents of adolescent girls. Another study conducted by The Hindu stated that approximately 30% of all sexual assault cases in Delhi, and 23% of cases in Mumbai, were just consensual relations reported as rape. NLSIU’s Centre for Child and the Law conducted another study from 2013-15, diving into trial court cases filed under POCSO in Delhi. It showed that around 28% of all cases concerned adolescents, and out of those, 90% resulted in acquittal because the girl refused to testify against her partner. In 19% of the total cases, the adolescents were already married after effecting a compromise, and 10% of the girls stated that they were in a consensual relationship with their boyfriend and were not raped at all. If these studies are to be believed, then this is a gross violation of the institution of justice. Such arbitrary reporting of consensual relationships between two adolescents as rape takes away resources from people who are true victims of sexual violence and require urgent help. It further casts skepticism on valid claims of survivors. The Madras High Court, in 2019, stated that the majority of theRead More

Plea Bargaining in India
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When discussing the idea of plea bargaining, the adage “Justice delayed is justice denied” has the utmost weight. Although the quantity of court cases pending is astounding, people have come to accept it as routine. Because individuals have begun to accept this as their fate, these startling statistics are no longer shocking. Since the start of criminal law, the idea of a plea agreement has not existed. Indian legal experts and jurists took this situation into account when incorporating this idea into Indian criminal law. It is an agreement between the accused and the prosecution, as the name suggests. This idea has been adopted by the criminal justice systems of many nations. What does Plea Bargaining mean? Plea bargaining is a pre-trial agreement in which the accused offers to plead guilty in exchange for the prosecution making specific concessions. In exchange for the prosecution dropping more serious accusations, the defendant enters a plea agreement to a lower offense. It is not possible for all crimes; for example, one cannot use a plea deal after committing a serious crime or a crime that carries a death sentence or a life sentence. History of Plea Bargaining The jury system did not feel the necessity for plea bargaining because the defendants were not represented by counsel. Later, in 1960, when legal representation was permitted, plea bargaining became necessary. Although the history of American law contains the earliest indications of the concept of plea bargaining. Since the late 19th century, this idea has been in use. Judges encouraged confessions by engaging in this bartering. India’s Plea Bargaining Plea Bargaining is not a concept that emerged from the Indian legal system. It is a recent improvement in the Indian Criminal Justice System (ICJS). It was incorporated into the Indian Criminal Justice System after a load of pending cases on the judiciary was taken into account. The Criminal Procedure Code and Plea Bargaining Sections 265A through 265L of Chapter XXIA of the Criminal Procedure Code deal with plea bargaining. It was a part of the Criminal Law (Amendment) Act of 2005. It allows plea discussions in certain situations: When the acts are not committed against women or children under the age of 14. when the maximum sentence is seven years in prison, and when the offenses have no impact on the nation’s socioeconomic situation. The first suggestions for “plea bargaining” in the Indian Criminal Justice System were made in the Law Commission’s 154th Report. Plea Bargaining was described as an alternate strategy that ought to be used to address the massive backlog of criminal cases in Indian courts. The NDA administration then constituted a committee to address the issue of the growing number of criminal cases, which was headed by Justice V. S. Malimath, a former Chief Justice of the Karnataka and Kerala High Courts. The Malimath Committee recommended that India put the plea bargaining system into place. According to the committee, it will facilitate a quicker resolution of criminal cases and lessen the burden on the legal system. The Malimath Committee also emphasized the effectiveness of the US system to highlight the importance of plea negotiations. As a result, the draught Criminal Law (Amendment) Bill, 2003 was presented to the legislature, and on July 5, 2006, it finally passed and was put into effect across India. It aimed to change the Indian Penal Code. (i) witnessed becoming antagonistic (ii) Plea-bargaining (iii) Combining Section 498A of the IPC (Husband or relative of the husband of a woman subjecting her to cruelty) with another offense; and (iv) Scientific expert testimony in cases involving phony money notes. Finally, it brought the idea of plea bargaining to India by introducing Chapter XXIA Sections 265A to 265L. The following provisions were added by it:- Anyone charged with a crime that is not punishable by death, life in prison, or a sentence of more than seven years has the option of entering into a plea agreement, according to Section 265-A (Application of Chapter). Violations may be reported to the Central Government, under Section 265 A (2) of the Code. The violations that affect the nation’s socioeconomic position are listed in Central Government Notification No. SO1042 (II) dated 11/7/2006. Article 265-B (Application for Plea Bargaining) Anyone who has been charged with a crime is eligible to apply for a plea agreement in cases that are still in progress. Brief information regarding the case must be included in the accused’s application for plea negotiations, which they must submit. It includes the offenses to which the case relates and must be submitted along with an affidavit signed by the accused stating that he has voluntarily applied, a plea agreement outlining the nature and severity of the punishment prescribed by law for the offense, and a statement stating that the accused has never before been found guilty of the same offense. The concerned public prosecutor, the case’s investigating officer, the case’s victim, and the accused will then receive notice from the court of the date set for the plea negotiation. When the parties attend, the court will interview the accused in secret without the other parties to the case present to ensure that the applicant has applied freely. Article 265-C (Guidelines for Mutually satisfactory disposition) outlines the steps the court must take to reach a mutually acceptable resolution. In a case brought based on a police report, the court must notify the public prosecutor involved, the case’s investigating officer, the victim, and the accused to attend a meeting to discuss how best to resolve the case. The Court must notify both the accused and the case’s victim in a complaint case. Article 265-D (Report of the mutually satisfactory disposition) This clause discusses the creation and submission of a report on a mutually satisfactory resolution. Here, two scenarios could occur, namely If a suitable resolution to the issue has been reached in a conference held by section 265-C, the court is required to prepare a report detailing that resolution. It needs to be signed byRead More

The Criminology Of The Future: How Science Helps In Crime Investigation
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“Time is what you lack in any study. Evidence disappears one hour at a time. People and the environment can damage crime scenes. Things are shuffled, relocated, changed, and smeared. Organisms decay. Contaminants and dust are blown by the wind. Memories deteriorate with time. You go further from the problem as you get away from the problem.” (Maureen Johnson) The aforementioned passage, which is taken from Maureen Johnson’s book “really devious,” may help explain why technological development in the area of criminal investigation is essential. It can assist in situations where a case cannot be resolved for a long time due to a lack of evidence, as well as in accurately and quickly resolving criminal cases. All you need is a promising lead. In this article, we’ll discuss how criminology and the criminal justice system might benefit from scientific development to better answer investigative inquiries. This field is referred to as “forensic criminology.” INTRODUCTION  Consider a scene of a crime. Blood on the floor, stuff scattering, and a dead body lying there. A person has been charged with the offense. He also disputes that. Now, several inquiries come up at this point. What might have caused the accused to kill the victim? How did he kill him? Is there any proof that the accused committed the crime? What was his mental state and what happened? At this point, criminology begins to play a role in determining the specifics and causes of the crime. On the other hand, science assists in drawing a connection between the facts and the evidence, delivering accurate, trustworthy, and objective information. Consequently, forensics and criminology are integral to criminal justice. It is undeniable that society is undergoing significant technological change, and along with these developments, criminals have improved their methods of concealment. Additionally, since everyone has access to smartphones and the internet nowadays, the typical person has a greater understanding of science and technology. Researching many ways to commit a crime without being discovered is simple with the internet. The use of the dark web for illicit activity is even more worrisome because no information is left behind. The development of technology has lowered the barrier to crime. However, the same hands might also aid in the crime investigation. A tool for better criminal investigation and justice administration, forensic science is made up of a variety of ideas, including biology, sociology, criminal psychology, DNA profiling, physics, chemistry, fluid analysis, handwriting analysis, and computer science. HOW CRIMINAL INVESTIGATION USES FORENSIC SCIENCE? The three fundamental principles of individuality, exchange, and progressive change form the foundation of forensic sciences. The principle of individuality states that every object, whether natural or manufactured, has a unique identity that sets it apart from other things and prevents duplication. DNA and fingerprint are two crucial examples of this concept. In a variety of criminal proceedings, fingerprints have served as evidence.  In State v. Karugope (A.I.R. 1954 Pat. 131), the Patna High Court ruled that the fingerprint expert’s assessment was adequate proof of guilt. Exchange principle: Edmond Locard established this principle by noting that “contact exchanges traces. It simply suggests that the offender either leaves his traces after a crime has been committed or picks them up. In situations where a weapon is used, it leaves its mark on the victim’s body. If the two parties get into a physical altercation, the perpetrator may leave DNA traces on the victim’s fingernail or hair strands. The relationship between the victim, offender, and evidence is established by forensic science. Ballistic fingerprinting connects the bullet casings to the weapon used to fire them. Used condom sperm aids in the capture of the rapist. It is possible to match the suspect’s teeth to bite marks on the body. In situations where a weapon wasn’t available, the type of wound can reveal the type of weapon that was used. Blood, footprints, narcotics, and just much any other material found at a crime scene can be used to infer information. Most likely, everything in criminal inquiry talks, not just the deceased. Principle of progressive change: As implied by its name, this theory holds that everything undergoes progressive change over time. Time affects everyone and everything, including the offender and the evidence. Handle everything that might be proof extremely carefully. Blood samples, semen, hair strands, and fingerprints, for instance, must all be carefully obtained and inspected as quickly as possible to preserve their integrity and produce an accurate report. The sample’s quality must be preserved. Other general principles of forensic sciences exist in addition to these three, such as the laws of analysis, comparison, and probability. According to these laws, a proper sample must be taken and examined, a sample should be compared to other similar samples, and all occurrences, whether they be certain or uncertain, are probable in nature. THE FUTURE OF CRIMINAL INVESTIGATION AND FORENSIC SCIENCE Future developments in forensic methodology have the potential to be extremely beneficial. Even though today’s forensic analysis is not perfect, future years may bring about more advanced methods. The criminal court system will see some significant advancements thanks to DNA analysis. Let’s look at some of the forensic technologies that will be quite useful in the future. DNA phenotyping will bring about significant change in the field of forensics. This method enables the creation of a person’s portrait just from a DNA sample. Physical characteristics including skin color, hair color, height, eye color, face shape, and occasionally even weight are determined by genes. Numerous characteristics of a person are stored in their DNA, which experts claim might even reveal a person’s geographic ancestry. However, DNA does not carry certain characteristics of the human body. DNA phenotyping is still being studied, and if its validity is shown, it will represent a significant advancement in criminal investigation. Sperm degradation in a used condom: A man’s sperm contains DNA. Therefore, it is possible to determine the time the rape occurred using the DNA contained in a used condom. Bacterial signatures: Studies are being done onRead More

Gang Crimes
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When we speak of a gang, a picture of a group of people is painted in our minds, who terrorize a certain region with illegal and violent behaviour. The term gang has been defined under Section 2(b) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 as follows: “a group of persons, who acting either singly or collectively, by violence or threat or show of violence, or intimidation, or coercion, or otherwise, with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage of himself of any other person, indulge in anti-social activities.” How Do Organized Crimes Work? Almost any gang crime is committed with the purpose of boosting one’s wealth. It can be acquired in a number of ways, including via drugs, gambling, and illegal tax avoidance. The gangs often begin through one criminal who draws a few supporters after taking up crime. He is successful in generating funds via his chosen method, i.e., modus operandi, whether it is dealing with contrabands, illegal sale and distribution of goods, or another type of illicit activity. He can bribe the local law enforcement officials, often the police station and customs and excise officers in his region once he has identified himself in that operating area, which is initially relatively limited. This allows him to purchase security for him and his goons. Once this point is achieved, the neighborhood’s other minor offenders congregate around him and take shelter under his watchful protection, either by becoming regular members of his gang or by paying regular protection money while maintaining their anonymity. But since not all police officers can be bought or are dishonest, they now must find means to subdue these cops if they are to live. Only the powerful politicians have the ability to sway the police or persuade them to take no action. They are the gangs’ primary targets, as a result, who try to win over the politicians either by funding their elections or terrorizing the voters into voting for a certain politician only. This way, they firm their roots even deeper into the society by indirectly controlling the politicians.  The judiciary, which is the last resort for law-abiding citizens, does not provide a good impression of organized crime. The organized gangs and unlawfully abundant crowd is still growing every day. It is safe to estimate that the combined annual revenue of all organized gangs of criminals in India is currently at least Rs. 50,000 crores. Dawood Ibrahim, a crime boss who has become the most wanted in India, has a net worth of $6.7 Billion as of 2022. The mafia can buy just about anyone when they have this kind of money at their disposal, i.e., deep pockets and no dearth of money. There are several cases of top-level parliamentarians that have close ties to the Mafia and are kept in their positions. To sum up, the Dons, the lawmakers, the police, the customs, the income, and partially the legal executive make up the Indian Mafia of today. They have impressively infiltrated each of these offices, at least generously enough to have the option of invalidating any attempts to enforce the law and ensuring the Mafia’s success. Types Of Gang/Organized Crimes Drug abuse and trafficking– This is the most significant organized crime that exists in the nation today and is global in scope. India generates a sizable amount of legalized opium, some of which also appear in various forms on the black market. The five main drugs used in the illegal drug trade in India are opium, methaqualone, cannabis, heroin, and hashish. Although not uncommon, LSD, amphetamine, and cocaine seizures do occur sometimes. Money Laundering & Hawala – Money laundering is the process of turning illegally obtained funds into funds that appear to be legal so they may be incorporated into the regular economy and offenders may utilize it freely without worrying about being caught. Money laundering worldwide often comes from drug-related criminal proceeds. Additionally, combining this illegally obtained money with tax-evaded revenue to conceal its source involves breaking exchange restrictions and committing acts of tax evasion. Kidnapping for Ransom– Ransom kidnapping is a highly organized kind of crime that takes place mostly in large metropolitan cities. Due to the enormous cash incentives compared to the effort and risk required, many local and interstate gangs are actively engaging in this. Smuggling– This is another serious economic offense that involves covert actions that result in unreported commerce. With an almost 7,500 km long shoreline and open borders with Bhutan and Nepal, India is vulnerable to extensive smuggling of illegal goods and other products. Prostitution– The underworld is closely connected with brothels and call girl rackets, making plenty of money through this activity. They provide young girls for the above-said purposes to various parts of the country, transporting them to and from the city to reduce the probability of them being freed. Contract Killings – Using an experienced gang to kill someone in exchange for money is the approach used in contract killings. Indian Laws Relating To Gang Crimes In some shape or form, criminal organizations have usually existed in India. However, due to several socioeconomic, political, scientific, and technological advancements, it has taken on its most aggressive form in contemporary times. Although it does affect rural India, it is mostly an urban problem. Criminal conspiracy is defined under Indian Penal Code Section 120A while Section 120B outlines the penalties for criminal conspiracy. While these two form the basis, the IPC also defines Dacoity u/s 391 as five or more people conjointly committing or attempting to commit robbery. According to Section 395 of the Code, this offense is punished by life imprisonment or rigorous 10-year imprisonment. Other offenses in the code include: Section 399, which imposes penalties for planning to commit dacoity Section 402 of the law specifies the penalty for gathering with the intention to commit dacoity. The act of belonging to a “gang” of people who are linked with the goal of often committingRead More

The theory of broken windows
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Theory of Broken Windows  Article 38 of the Constitution of India makes provisions for making India a welfare state. The social and economic development of the country is the basic function of the welfare state. The social structure and economy will collapse if the crime rate is not checked. Hence, the welfare state becomes a dream far from reality. For this reason, state officials must significantly reduce, if not eradicate, crime. The theory of broken windows first gained popularity in a 1982 article by James Q. Wilson and Geoge L. Kelling that was published in the Atlantic Monthly. It implies that having visible signs of criminal activity, antisocial behavior, and general disorder makes cities more likely to have serious crimes and other types of criminal activity. In some areas, the police started conducting foot patrols, and it was examined five years later. The analysis showed that this program did not lower crime rates, but the population living in the areas that are patrolled on foot compared to places where there was no such foot patrol, felt safer. This effect occurred owing to the preservation of public order in these specific locations. Most social psychologists and law enforcement officials agreed that if one window in a building is broken and not fixed, the rest will soon follow. This can happen in both wealthy and underdeveloped areas. While some neighbourhoods are home to committed window breakers. While there are window lovers in other neighbourhoods, it is not necessarily common for window breaking to occur on a large scale. Instead, one broken window that is not fixed sends the message that no one is concerned, making it easy to break more windows. Preventive detention  This measure is used by the police throughout the whole world to curb crime. The major function of the police is to decrease crime. When the police have a suspicion about any person who can become a threat to public order or maintenance or is working against the law of the land, then police use this measure to prevent him from disrupting the law and order and hence the window which might have been broken if the power of preventive detention may have not used is still in its place.  This power of arrest for preventive detention is often misused by a police officer and is a major concern concerning corruption in the police. One of the main causes of police corruption, according to the National Police Commission’s Third Report on the quality of arrests made by the Indian Police, is the ability to make arrests.  According to the report, 43.2% of the money spent on maintaining jails was attributable to unjustified police action, and generally speaking, close to 60% of arrests were either unnecessary or unjustified. The following was noted by the said Commission on page 31 of its Third Report- “From the perspective of crime prevention, it is obvious that a significant portion of the arrests were related to very minor prosecutions, and as a result, they cannot be viewed as being particularly necessary. Unnecessary expenses for the upkeep of the detained individuals and are still in custody have been incurred. It was estimated that during the aforementioned period, only those prisoners whose arrest ultimately wasn’t necessary accounted for 43.2% of the costs in the associated jails.”  The prosecution has the utmost duty, along with the defence counsel and Judge or Magistrate that no crime shall go unpunished and, at the same time, no innocent shall be punished.   In both measures, if anything goes against the law, then crime rate is to be increased.  For illustration–  If A has committed an offence and is tried for that offence, but the prosecution did not prove the guilt of the accused beyond reasonable doubt, then the accused has found a loophole to commit a crime that goes unpunished, and hence a general view occurs in his mind to commit further crime.  This illustration has the support of a Supreme Court Judgment in Dhananjoy Chatterjee alias Dhana vs. State of West Bengal, in which it was noted that- Some criminals are sentenced harshly, while others are sentenced differently for virtually the same crime, and a disturbingly substantial number of criminals go unpunished, encouraging the criminal and, in the end, undermining justice by undermining the system’s legitimacy.   Madhya Pradesh High Court in Miss x (victim) vs. Santosh Sharma and others noted the effect of the environment on the crime rate. The High court described in paragraph 33 of this judgment that in a society where trappings of ignorance, feud pattern of society, and poor sex ratio make the life of female worse when she experiences such street harassment as it is a threat of real sexual violation that women experience while going to school, college or job.   In para 34 of the said judgment, the High Court emphasized that crime and order are strongly interrelated and the investigation, prosecution, and adjudication shall be aware of the theory of broken windows, which influences police, law enforcement, and courts to target minor disorders to reduce the occurrence of more serious crimes.   In para 44 of the mentioned judgment, M.P. High court makes it clear that Investigation, prosecution, and adjudication shall re-synchronize and connect the theory of broken windows with the prevalent theory of Marginal Deterrence to address the growing threat of crimes against women and, if possible consider strict enforcement of law and order over minor offences, particularly those that may lead to major and heinous crimes.  Support of the theory  Crime prevails more in areas where the police seldom visit, while an area regularly patrolled by the police becomes a center of administration with almost no crime committed by any person. When it is analyzed that there are certain areas where the crime rate is significantly higher, frequent patrols by the police will help to curb the offence. Education also plays an important role in decreasing crime rate in such areas as the theory suggests, that where the environment of a particular area affects crimeRead More