Volume 6 Issue 1 ISSN: 2456-7280
1. Awaiting Justice : Women Prisoners & Mistral In India
Author: Sameera Khan
Abstract: Department of Law, Aligarh Muslim University, Aligarh Women constitute over four per cent of the total prison population in India. There is dearth of prisons for women in India and majority of women prisoners in India are housed in separate enclosures inside men’s prisons. This often means that the specific needs of the women prisoners are not accounted for in the prisons. The overcrowding of prisons is another major issue which leads to poor hygiene, sanitary facilities and shortage of food. The women not only face punishment for the crime that has been committed by them but also face the social and moral taboo that comes attached with it. In addition to this, they also face custodial violence and sexual victimisation in prisons and detention centres which stimulates their misery, distress and hardships in prisons. In addition to this, they also face prejudicial and detrimental treatment during their trials. The lethargic judicial system of India has led to the presence of a large number of undertrials languishing inside Indian prisons. Women are particularly vulnerable as they are often not aware of the rights available to them. Moreover, they often belong to the oppressed classes in the Indian society which puts them at a further disadvantage. The specific provisions related to the process of arrest of women and the procedures to be followed after the arrest are ignored and jeopardised by the law enforcement authorities. Additionally, they often come from poor, deprived and disadvantageous backgrounds which becomes obstacle for them in getting legal aid and a fair trial process for themselves. However, the law enforcement authorities do not follow the process and inform prisoners of their rights of bailment after the arrest. The research paper analyses the sociological and legal aspects which lead to the mistrial of women prisoners in India. The paper will highlight the challenges faced by the women prisoners during the pre- trial and post-trial period. It will also enumerate the conditions and abuse of rights of the women prisoners during their trial in the time of COVID- pandemic. It will then suggest measures that can be taken in order to prevent this malfeasance and miscarriage of justice faced by women prisoners in India.
Keywords: Human Rights, Statutory Rights, Women Prisoners, Mistrial, Fair Trial, Judicial System, Gender Specific Prisons, Jeopardised Process of Arrest, Miscarriage of Justice.
2. Corrective Rape: A Reflection Of Homophobia Disregarded By Law In South Africa
Author: Muskaan Garg
Abstract: Tokenisation of rights is the manifestation of political opportunism and broadcasted hypocrisy. South Africa is one of the only countries in the world that expressly mentions and prohibits in its Constitution the discrimination on the basis of sexual orientation. However, crimes based on sexual orientation are not expressly recognized. It remains a theoretical concept due to lack of recognition as an established crime category with no procedural patronage. Battles over LGBTQ+ rights are persistent and stubborn. Various forms of gender-biased offences are time again noted ranging from sodomy, sexual assault, rape to murder. The umbrella-term for all these prejudice-motivated crimes is Hate crimes. One of the popular hate-crimes in South Africa is corrective rape. South Africa is the foreground of homophobic violence, most widely vis-à-vis Black South Africans. Unfortunately, the sense of equality and justice enshrined in the Constitution does not trickle down to the targeted groups. The article attempts to highlight this lacuna created between the promise of equalitypreserved in the South African Constitution and the contradictory functioning of the statutes and the criminal justice system in the country with respective to corrective rape cases. The article further delves into the nuances of corrective rape practices prevalent in South Africavis-à-vis current laws against sexual offences and indicates the impending need for a separate hate-crime legislation to obtain the true benefits of rights. Lastly, the article advocates for a discriminatory-model of prosecution and underlines deficiencies in the new hate crime legislative bill in South Africa.
Keywords: manifestation, sexual orientation, prejudice-motivated, hate-crime legislation, discriminatory-model
3. Expanding The Scope Of Definition Of Rape Vis-À-Vis Sanhtosh V. State Of Kerala: A Case Analysis
Author: Nikunj Agarwal
Abstract: Sexual violence against women continues to be a global concern with about 35% of women worldwide having experienced sexual harassment in their lifetime. In India itself, on an average 77 rape cases per day were reported in 2020, which amounted to a total of 28,046 cases during the year, as was reported by NCRB’s Crime in India Report, 2020. In one such case the Kerala High Court adopted a liberal and unique interpretation of law so as to prevent the accused from getting away with the heinous acts committed by him which prima facie fell under the ambit of the offence of rape. The author, in this case comment, relies upon various case laws, statutory provisions, committee reports and academic papers to make an effective attempt towards breaking down the legal interpretation adopted by the Court, the legal position that existed before and lastly, the future implications of this decision.
4. Crime Against Women In India: With Reference To Criminal Behaviour
Author: Ms Sakshi & Ms Stuti Narula Markan
Abstract: When we talk about crimes against women, it is said that the rule of gender equality is enshrined in the Constitution of India. In India, there is an increasing rate of crimes perpetrated against women. Crime is an action which can affect human behaviour vigorously. Even if it is a criminal or a victim, the effect can be seen in both of them. It is believed that human is the fundamental thing of analysis. It is further believed that Crimes can be a result of an uncommon, malfunction or improper mental process within any individual`s personality. In the constitution of India, any kind of violence against women is a clear violation of the fundamental rights of women under Articles 14 and 15. In order to maintain and fulfil its constitutional duties, the state established separate laws and implemented proposed measures to ensure equal rights, and control discrimination in society and other forms of violence, force and brutality. Organizations that enact laws and requirements cannot prevent misconduct against women. There needs to be a social awakening and a change in the mentality of the masses so that women are valued and have equal status. That is the time when women have to accept what they caused. This awareness can be brought about by educational campaigns aimed at young people, making them aware of the rude behaviour that exists in society and how to get rid of it. Widespread communications can play a dynamic role here, as they have now reached every part of the country. This study is about crimes against women in India, an all-time thorny issue, and its implications and effects on women themselves.
Keywords: Violence, Women, Crimes, Laws, Legislation
5. An Assessment Of Sexual Harassment Of Women In India
Author: Deepti Rathi
Abstract: Even though there are various laws in place to combat sexual harassment, India is experiencing an increase in the number of occurrences. It unquestionably obstructs women constitutional and fundamental rights to equality, justice, and dignity. Because the entire concept of sexual harassment revolves around the individuals consent, it can also be defined as an unwelcome act of physical contact, explicit or implicit promise, demand, or request for sexual favours, screening pornography, or any act of physical, verbal, or nonverbal conduct that humiliates and threatens the health and safety of a woman falls within the meaning of sexual harassment. In India, a woman is sexually harassed every twelve minutes, according to the National Crime Records Bureau (NCRB). Despite the efforts of numerous government entities to address the issue, this continues to be the case. It is crucial to remember that sexual harassment victims frequently experience emotional and psychological suffering, such as stress, depression, and anxiety. They frequently have low self-esteem and confidence. As a result, its even more vital to talk about sexual harassment and come up with concrete answers. The purpose of this article is to go into this in further depth. The article begins by defining the term sexual harassment before delving into the numerous components of this serious act. According to the survey, the issue of workplace sexual harassment is at an alarming level and requires a prompt response from various companies and the government. A few recommendations are also made to address the issue of sexual harassment faced by women in India.
Keywords: Sexual Harassment, Fundamental Rights, Consent, Women, India.
6. Assessing The Applicability Of Broken Windows Theory In India
Author: Stency Mariya Mark
Abstract: The Broken Window Theory was proposed by American political scientist, James Wilson and American criminologist, George Kelling in 1982 to revolutionise the policing administration. According to the notion, crime is inextricably linked to the social order. The Broken Windows thesis advocates that small transgressions should be reduced in order to lessen the frequency of severe, ferocious crimes. This article contends that lessons learned from broken window policing can aid in the deterrence of serious crimes. The author argues that existing restrictions focus on small transgressions, giving them the same weight as serious offenses. The Broken Window does not imply a social disorder, necessarily. The Broken Window can be used as a metaphor for minor infractions that must be corrected before they worsen the situation. Petty infractions should be treated with zero tolerance. Sexual harassment should be taken seriously, instead of being normalized and condoned by society. Taking subtle offences seriously helps to prevent gender crimes in the long run. Similarly, the Motor Vehicle (Amendment) Act, 2019 demonstrates how, by penalizing minor offenses, accidents and fatalities can be reduced. Therefore, maintenance of order is achieved through the elimination of social disorders. Keywords: Broken Window Theory, Policing, Petty Infractions, Order Maintenance and Motor Vehicle Act
Author: Anmol Gupta
Abstract: A witness is an essential part of the criminal justice system to ensure that the actual culprit gets punished for the crime they committed, and in the words of Jeremy Bentham, we can say, Witness are eyes and ears of justice. However, if one closes their eyes and ears, it would become tough for that person to survive. Similarly, if all the witnesses turn hostile due to external threats, harassment, or intimidation, providing justice would become very difficult. In the present time, where every persons rights are protected and catered to, the rights of witnesses should also be seen and acknowledged. Like how victims are protected and secured, there is a requirement for legislation to protect the Witness. This article would detail the reasons for a witness turning hostile and end with suggesting remedies for the same.
Keywords: Victim, Witness, Hostile, Evidence, Crime.
Volume 6 Issue 2 ISSN: 2456-7280
Author: Keerthi Reddy
Abstract: The International Criminal Court (ICC) is an unparalleled ambition by the world community to provide the national governments help to bring to trial and punish individuals who are criminally responsible for the commission of the core crimes that is the crime of genocide, war crimes, crimes against humanity and aggression in circumstances when the nations they belong are unable or unwilling to bring them to justice. Sovereignty cannot be defined easily. Essentially what sovereignty means is when nations act independently in full autonomy and self-determination without any obstruction from a higher authority. Thus, the theory of sovereignty means that states operate and have complete regulation over their matters inclusive of issues such as human right violation which are not governed by international law. This loophole that the international law did not govern such issues was seized by the states as a protection tool to guard themselves when they abuse the human rights of their subjects. It is hence, imperative to understand the importance of the ICC because the court has jurisdiction over matters of serious crimes which amount to significant contravention of the human rights law as well as the international humanitarian law. India, in its opening statement in Rome, clarified that the only way to get support for the ICC is for the International Criminal Court to operate optionally rather than as universal or inherent jurisdiction. India further argued that such provisions would attract a large number of states which will add to the advantage of the court as state consent is the essential aspect of ICC jurisdiction. India firmly believes in the principles of the UN Charter, notably the Principle of Complementarity. According to India, the principle of complementarity is that when a case is before the national courts, and it has been decided upon or when the accused is convicted or acquitted the ICC should not infer jurisdiction. India also stated that the ICC could only enforce its jurisdiction in situations like in the former Yugoslavia and Rwanda. The author of the paper agrees that the concept of state sovereignty is of utmost importance, but as already noted, India has to remember that the principle of complementarity constraints the jurisdiction of the court.
Author: N.Lakshmi Priya
Abstract: In most legal systems victims are considered as a mere complainant who initiates proceedings on criminal justice system to the injury suffered by them. In recent times India has seen several rape cases and in the most of the cases than the scars of crime, treatment of victims by police, society remains more dreadful than the crime . Human rights violation faced by rape victims starts right from investigation proceedings to post trial. Most of the victims investigations involves humiliations ,abuse and violation of their basic human rights. The rights that the victims deserve within criminal justice process is not given and not even considered at all. This led to arise of victimology which deals about understanding of victims and impact of crime and the magnitude of pain suffered by the victim. According to Art 21 every person has fundamental right to be treated with dignity and as per UN Declaration of Basic Principles of Justice for Victims of crime and Abuse of Power says that victims should be treated with compassion and respect for their dignity must be protected. In this paper I will deal with treatment given to rape victims and the problems faced by them and lack of awareness of the rights of victims and role of judicial process in protection and redress for victims of crime and to prevent human right violations faced by them by recommending measures which Government needs to provide victims with adequate help and support .
Keywords: rape victim, humiliation, Abuses , victimology, UN Declaration of Basic, Principles of Justice for Victims of crime and Abuse of Power convention, Article 21, redressal of victims.
Author: Richa Rajpal
Abstract: Technology which is for all good of the mankind sometimes brings with it some warnings, which if not taken seriously can lead to unpleasant consequences. Social networking sites are one such thing which has brought mega transformation in the society. A social networking site can be a good way to meet others who share similar interests and goals. They can be a way to interact with or meet people who haven’t met before. There is a technological detachment that is becoming today’s reality. Social networking sites are faintly obliterating the significance of communications that one used to have with his near ones and are disengaging them from the social environment around them. This eventually leads to a looming feeling of segregation which prevails in today’s society. A person today hardly spends quality time with his friends rather he uses technology to contact them such as texting or instant messaging or commenting on their status updates/pictures etc., consequently spend less time with them face to face. While interacting socially and communicating in person with others all kinds of personality traits are experienced by the individual, such as cooperation, competition, imitation, bargaining, voting, and bluffing etc. It is due such experiences that a person’s social personality develops. It should not shock anyone that face-to-face interaction is demonstrated by studies to comfort us and furnish us with some significant feeling of prosperity whether the cooperation is with companions or with any relaxed associates.
Keywords- Technology, mega transformation, technological detachment, social environment.
Author: Richa Rajpal
Abstract: The title of this paper sets forth its basic theme: terrorism and globalization are locked in a symbiotic relationship. Globalization has contributed greatly to the increased threat that terrorism now poses, and part of this threat is the negative impact that terrorism may have on globalization. On the other hand, globalization, if developed along sensible, policy serving lines, may lead the way to more effective steps towards combating terrorism. This paper first discusses globalization and the impact it has had on the threat of terrorism, especially as demonstrated by the events of September 11. It turns next to the response of the United States and the rest of the world community to these events and the impact (both negative and positive) it has had on globalization. Lastly, the paper considers the role that a sensible process of globalization might play in combating the threat of terrorism.
Keywords: Globalization, terrorism, violence, security, September 11, international peace.
5. Prison System in India: An Introduction.
Author: Aafreen Manzoor
Abstract: Prison, a stigmatic term for our society. It’s a place meant for the detention of the people who are devoid of the norms of society. Society needs to understand the importance of prison systems in our lives. Prison not only acts as a shelter but a correctional cell for the people who lack disciplinary values governing in the society. In this paper, I have tried to summarise the concepts of prison, its evolution and importance in our society.
Keywords: Prison, British, Reforms, Jails, Society.
6. Emergence Of Violence And Offences Against Women As A World Issue : A Quick Review
Author: Trisandhya
Abstract: The number of crimes committed against women is steadily increasing. When crime against women rises, it throws the entire society into disarray since it stifles both women's and society's progress. Discrimination arises from society's attitude bias rather than statutory inadequacy. Equal rights for men and women have been established as a global norm by recent legislation, ordinances, treaties, and conventions. Discrimination persists despite all of this. Women have been victims all over the world, the only difference is that their standing is greater in certain parts of the world than in others, making it an international issue. As a result, multinational activities are essential. As a result, the Convention on the Elimination of Discrimination against Women was established (CEDAW). There is also the Universal Declaration of Human Rights (UDHR) from 1948, the International Covenant on Civil and Political Rights (ICCPR) from 1966, and a slew of others.
Keywords: crimes, women, discrimination, global norm, multinational activities.
7. Differences in the Needs of Victims of Cyber Dependent Crimes: A Paradigm Shift from Common Need Based Approach to Right Based Approach
Author: Leelesh Sundaram.B
Abstract: The internet in India is developing quickly but significant weaknesses is Cybercrime – illicit activity carried out on the internet. The internet, alongside its focal points, has additionally presented us to security hazards that accompany interfacing with an expansive network. The government by virtue of affirmative action’s has developed a common tool of restorative justice for victims of cyber dependent crimes. However in the Indian jurisprudence, the restorative tool remains constant and the difference in the need of victims is unknown. since need based approach is followed, the difference in the need of cyber dependent crime victims is unknown. If there is difference in the need of cyber dependent crime victims, a conclusion that the current system is a failure could be made and the swift of approach becomes mandatory. Thus this research aims in finding out difference in the need of cyber dependent crime victims. This empirical research is carried out with a sample size of 253 from a open sample frame determined through convenient sampling method. With the help of complex graphs, mann whitney u test, Jonckheere-Terpstra Test. The findings in the study finding permits to make a conclusion that there is difference in the need of cyber dependent crime victims, and the current system is a failure, the swift of approach becomes mandatory.
Keywords: cyber dependent crime, victims, needs, approach, restorative justice.
Volume 6 Issue 3 ISSN: 2456-7280
1. AWAITING JUSTICE: WOMEN PRISONERS AND MISTRIAL IN INDIA
Author- Sameera Khan, Research Scholar
Abstract- Women constitute over four per cent of the total prison population in India. There is dearth of prisons for women in India and majority of women prisoners in India are housed in separate enclosures inside men’s prisons. This often means that the specific needs of the women prisoners are not accounted for in the prisons. The overcrowding of prisons is another major issue which leads to poor hygiene, sanitary facilities, and shortage of food. The women not only face punishment for the crime that has been committed by them but also face the social and moral taboo that comes attached with it. In addition to this, they also face custodial violence and sexual victimization in prisons and detention centres which stimulates their misery, distress, and hardships in prisons. In addition to this, they also face prejudicial and detrimental treatment during their trials. The lethargic judicial system of India has led to the presence of many undertrials languishing inside Indian prisons. Women are particularly vulnerable as they are often not aware of the rights available to them. Moreover, they often belong to the oppressed classes in the Indian society which puts them at a further disadvantage. The specific provisions related to the process of arrest of women and the procedures to be followed the arrest are ignored and jeopardised by the law enforcement authorities. Additionally, they often come from poor, deprived and disadvantageous backgrounds which becomes obstacle for them in getting legal aid and a fair trial process for themselves. However, the law enforcement authorities do not follow the process and inform prisoners of their rights of bailment after the arrest. The research paper analyses the sociological and legal aspects which lead to the mistrial of women prisoners in India. The paper will highlight the challenges faced by the women prisoners during the pre- trial and post-trial period. It will also enumerate the conditions and abuse of rights of the women prisoners during their trial in the time of COVID- pandemic. It will then suggest measures that can be taken to prevent this malfeasance and miscarriage of justice faced by women prisoners in India.
Keywords: Human Rights, Statutory Rights, Women Prisoners, Mistrial, Fair Trial, Judicial System, Gender Specific Prisons, Jeopardised Process of Arrest, Miscarriage of Justice.
Author- Aditi Mohapatra
Abstract- Murder gets its name from the Germanic word "morth," which meaning "hidden slaying." A Murder occurs when someone is assassinated by another individual or group of individuals who has the explicit purpose of ending the life of the first person. The clause of murder under the Indian Criminal Law is the most essential thing in terms of human life and dignity also the inviolable rights it confers. Its comprehensive provision is Sec.300 of the Indian Penal Code, 1860, which considers various degrees of intent. However, since the clause was initially drafted, our society has evolved tremendously. As demonstrated by the treatment of the section's clauses by successive courts of justice throughout the previous century, certain sections were worded inaccurately, while others had no purpose. It's past time for significant reforms to be implemented, whether it is eliminating a superfluous clause, reckoning for moral guilt, or ensuring that doctrines are specified more accurately. These modifications will update the provision and the Criminal Code, allowing them to accomplish the goals for which they were designed in the first place. To enhance decision-making accuracy, this article advocates for the further codification of the provisions, updated illustrations, and the entire elimination of Sec.300(2) from the Indian Penal Code.
Keywords - Culpable Homicide, Indian Penal Code, Mens Rea, Murder, Probability of Death.
3. LAWS REGULATING CYBER PORNOGRAPHY
Author- Divya Dilip Arekar
Abstract- Pornography is a sensitive topic, and most people shy away from even building up a social dialogue. Cyber pornography has a grave impact on society’s decency and morality. However, the contemporary generation does not hesitate to acknowledge the ever-growing cyber porn addiction. Sexual offences are one such crime that has prevailed in all societies for ages. With the advancement of science and technology, the complexities of life have enormously multiplied. The incident of sex delinquency has become too common. Pornography potentially shapes sexual attitudes in men and often develops a sexual desire for coercion as they imbibe predatory sexual behaviour. Children are exposed to pornography at an increasingly early age. India is famed as the land of the Kama Sutra, yet we are extremely reticent to open a pensive dialogue to guide adolescents when they are caught up in the web of a complicated sexual muse. The change will occur only when society stops attaching vulgarity to sex and starts explaining its consequences if performed at a pubescent age just to explore the realm of sexual pleasures. This article is an attempt to address the ever growing sexual offences that may have crime causation with the acceleration in consumption of cyber porn. This article is based on the preconceived notion that if consumption of pornographic content corrupts one’s mind, then a person who engages themselves in such unethical activities may be more prone to committing sexual offences. Due to a deficiency in stringent cyber laws to regulate the production and transmission of obscene material, anyone may access in cyberspace encourages people to indulge in the consumption of pornographic material. Lack of sex education makes young people prefer porn to satisfy their curiosity and sexual urges. The majority of the population is reluctant to accept a ban on pornography and would rather assert their right to access pornographic content under Article 21 of the Indian Constitution. If banning pornographic websites and applications that fail to censor explicit content will discourage people from indulging in visual stimulation, then the rate of sexual offenders will be reduced.
Keywords- Cyber pornography, Sexual offences, consumption, visual stimulation.
4. INFORMATION GIVEN TO THE POLICE AT THE FIRST INSTANCE AND ITS COMPARATIVE ANALYSIS WITH PAKISTAN, NIGERIA AND FRANCE
Author- Anaita Vas
Abstract- To investigate the numerous legal ramifications of Section 154 of the Criminal Procedure Code of 19731, including whether telephonic communication falls within its purview. We have intended a thoughtful and comprehensive assessment of the legal matters pertaining to the statutory obligation of a police station’s officer-in- charge in recording a First Information Report and initiating an inquiry upon it, as well as the principles relating to the High Court’s exercise of additional and innate abilities in quashing either the FIR or the whole criminal trials, as the case may be; and, taking into consideration the enunciations of law. We’ll also look at the FIR probative value, its legitimacy when it is inaccurate or fake, and the admissibility of simple oral or telephone reporting. It goes without saying that the police have to know that a crime has been perpetrated before they can commence an inquiry. This is feasible if someone goes to the police station and tells them about the crime they did. This is widely termed to as the First Information Report (FIR) and is governed by Section 154 of the Criminal Procedure Code of 1973.
According to the section, if information is provided verbally to an officer-in- charge of a police station in the case of a cognizable offence, the information should be:
1. Written by such officer;
2. Read out to the informant;
3. The informant’s signature must be obtained on the written information; and
4. Eventually, it must be registered in the case diary intended for this objective by such officer.
5. In accordance with Section (2)2, a copy of the report must be given to the informant.
Keywords- crime, criminal, FIR, information, police, legal, law, offence, investigate.
5. CRITICALLY ANALYZE THE EVIDENTIARY VALUE OF CONFESSION BEFORE A POLICE OFFICER IN INDIA IN DETAIL
Author - Ashwin Singh
Abstract -The Indian Police & Criminal Justice system is generally regarded as untrustworthy, both outside and inside the country. Although the prime reason for the same is because of the numerous issues which are present in the system, however, the other reason is because of no trust being placed upon the same under the written law also, the same could be witnessed via the Indian Evidence Act & the admissibility of evidence. It is pertinent to note that this issue is not only limited to affecting the accused, however but the whole criminal justice system is also cornered around the same. From various Legal to Non-Legal elements are affected. On an emotional level also, the present section plays an important role. Therefore in light of this, it becomes important to analyze the Evidence Act. The present article shall analyze the concept of confession itself in India, the situation of sections 24, 25,26, 27 2 , and their compatibility with other jurisdictions. Cross Analysis with other legislations, reports, etc shall also be undertaken; the evidentiary value of the same shall be focused upon. Concludingly suggestions & recommendations in this arena shall also be provided. Since Section 25 presents itself as more of a trust issue between the Police and the rest of the system, the same aspect shall be the focus of the present study.
Keywords: Trust, Criminal Justice System, Indian Evidence Act, Indian Police, Numerous Issues, etc.
6. A COMMITTED JUDICIARY: BOON OR A BANE?
Author(s)- Priyam Agarwal, & Shaurya Gupta
Abstract- Multiple jurists and legal luminaries have often pondered upon the implications of a committed judiciary. The split between the opposing camps is conspicuously visible by the polar opposite arguments presented in favour of either. Whereas on the one hand, those espousing the cause of legislative supremacy foist high the banner of judicial subservience, others call for a more balanced approach wherein the judiciary acts as a counterweight against executive excess and sometimes even other out-of-the-box policies. This article examines through real-life situations, the implications of a committed judiciary. The article commences with a global approach and then narrows its focus on the Indian scenario. In India, post the era of emergency, the debate over the effectiveness of the judiciary has often roped in arguments questioning the impartiality, integrity, inertia, and audacity of the judiciary to stand tall in the teeth of overwhelming pressure exerted by dominant political parties and larger-than-life political stalwarts. In such a situation it has become imperative to bring together multiple instances of such accusations which allow the reader to draw a conclusion qua the veracity and effectiveness of such arguments. This article attempts to do the same.
Keywords- legislative supremacy, balanced approach, audacity of the judiciary, political stalwarts.
7. ART OF INTERROGATION & CRIMINAL PSYCHOLOGY: AN OMISSION IN INDIAN CRIMINAL JUSTICE SYSTEM
Author(s)- Renuka Bhalerao, & Raj Pipara
Abstract- Crime and criminality are like a termite to society. To get rid of it you have to understand the origin and every single aspect from where it has arrived. Where the crime rates in India are increasing progressively, heavy ordinances and correction facilities would do nothing if the cause of such termite is not destroyed. The Indian criminal justice system is supported by three major pillars i.e., the police, the courts, and the corrections. The police maintain discipline and prevent crime, the courts deliver justice to the society and the corrections ensure retributions to the convicts. Interrogation is the process which is executed by the police after the arrest of an individual. Present paper seeks to highlight the status of criminal psychology in India by giving a comparative study with the west. The focus is also on finding out the application, improvisations, advancements, and requisites of criminal psychology during interrogation. Crime and Psychology goes hand in hand. One is the result of an individual’s criminality, and the latter is the scientific study of such behavior. What is the reason for this criminality and how does such a mind work? In order to ascertain the answer to the above issue in question one must dive deep into criminal psychology and its importance during interrogation of an accused. There arises uncertainty of the techniques to be used in interrogation, whether P.E.A.C.E or RIED. It is eminent to focus on a more solution-oriented approach to interrogation rather than vilifying police and law enforcement officials. The author through this paper aims to explain how implementation of a technique of such a nature that would improve and create an environment for the suspects without any coercion and produce reliable confession, has become the most pressing need in India. Also, how exclusion of such technique is resulting in deterioration of the criminal justice system. India is considered as a welfare state then why not establish a welfare system?
Keywords: Crime, Criminal Psychology, Interrogation Techniques, Confessions, P.EA.C. E, Custodial Torture.
8. MEDIATION IN CRIMINAL DISPUTES IN INDIA
Author- Nandini Tripathy
Abstract- The restorative justice focuses on resolving the disputes between the parties and maintaining the harmonious relations between them. It creates opportunities for parties to crime to discuss the crime and its ramification, to repair the harm caused, and restore the amicable relations between the parties. Article 21 of the Constitution ensures just, fair, and reasonable procedure. Sooner the disputes are resolved the better for all the parties concerned and society in general. Denial of justice through delay is the biggest mockery of law, but in India it is not limited to mere mockery; the delay in fact kills the entire justice dispensation system. Alternative Dispute Resolution mechanisms have become more crucial for businesses operating in India as well as those doing businesses with Indian firms. There are various reasons for which ADR is preferred over the conventional way of resolving the disputes. India being a developing country, going through major economic reforms within the framework of the rule of law, for expeditious resolution of disputes and lessening the burden on the courts, alternative mechanisms for resolution (ADR) are the only alternative through arbitration, conciliation, mediation, and negotiation. This research paper is an attempt to analyse the concept and need of restorative justice. It also contains brief overview of restorative justice in Indian Criminal Justice System and its limitations.
Keywords- restorative justice, Article 21, Alternative Dispute Resolution, expeditious resolution.
9. HEREDITY AND CRIME: GENEALOGICAL TRACK-DOWN TO ABRIDGE THE EVIDENCE GAP
Author- Kavyasri .S.J
Abstract- One of the most challenging and understudied aspects of genetics and crime is the subject of criminal heredity. Various studies have studied the influence of genetics on crime causation. Genetic mutations can also be regarded in determining the intensity of violence. The ingrained traits in human tendencies strongly influence crime causation. Genetic factors interact with the environmental factors while commission of crime to enhance the process. This paper analyses family studies, twin studies, and adoption studies to determine if there is any heritability of crime with genes that cause criminal behavior. The nature vs nurture debate has been quite a prolonging one with studies proving both sides of the case but on the other hand, it helps to unfold molecular-genetic discoveries that might be incorporated into antisocial behaviour theories.
Keywords: Genetics, heredity, crime, family studies, chromosomal mutation.
Volume 6 Issue 4 ISSN: 2456-7280
Author(s)- Shreya Chatterjee, Abhishek Chatterjee
Abstract- Since the commencement of history, social orders have rebuffed guilty parties while simultaneously attempting to legitimize the training on good and moral criteria and to explain the connection between penalty and fairness. Punishment is often synonymous with crime and starts as personal revenge. Only the perpetrator carries out the punishment to fulfil his or her need for vengeance. Just distressed individual reserved the option to acquit the wrongdoer and no such power is conferred in general mass. punishment is granted to decrease wrongdoings and keep up harmony in the public eye. It is a regularly acknowledged idea that speculations of discipline address the premise of legitimating for the state’s criminal discipline methodology. This paper is an unassuming undertaking to concentrate on the general situation of retributive theory of punishment in India, and some judicial approach regarding the retributive punishment in India. In the last segment, critical analysis of retributive punishment and some recommendations to the system has been done by the author. At the very least, I hope that my criticism of retributivism will reignite a discussion that seems to have acknowledged the superiority of retributivist roles. The study is mostly based on sources from various research article, journals, and books.
Keywords: Punishment, Retributive, Critical analysis, Judicial approach, perpetrator.
2. SHORTCOMINGS OF INDIAN TRAFFICKING LAWS
Author(s)- Sundar Kishore, & Hari Haran.
Abstract- Although here has been a significant improvement regarding the grave issue of Human Trafficking in India and the legislation and executive ensured that the country is safer than before, the sheer number of cases flowing in the courts is sufficient to prove that this problem is not properly resolved. This can be attributed to the improper framing of these laws and insufficient action in enforcement of these laws. But to answer the impending question whether the Indian government is effective and successful in enforcing its anti trafficking laws? The undeniable answer to this specific problem of effectiveness of the Indian laws on human trafficking would be no. It is very evident that these practices are still carried out in certain parts of the country. There are major problems concerning these laws in the areas of definitional inconsistencies, rehabilitation, compensation, and protection of the victims of human trafficking as well.
Keywords- Human Trafficking, undeniable, rehabilitation, protection of the victims.
3. CUSTODIAL VIOLENCE - AN ANALYSIS ON THE RISING
Author- Rithik Rahul, & Tharun Pranav
Abstract- The incidents of custodial deaths are at an increasing pace in recent times. It is a human right abuse shaking the fundamental rights of a citizen. This is basically due to the thought of supremacy prevailing among the personnel of the concerned department. A shocking fact is that nearly 1731 custodial deaths were recorded in the year 2019. One of those cases is the custodial death of a father and son in Tuticorin, Tamil Nadu. The duo was allegedly arrested for keeping their shops open after the allowed timings during the lockdown. A few days later they were announced dead. The injuries on their bodies kindled talks on the police brutality which led to a detailed investigation ordered by the Madras High Court Madurai bench. This is one of the countless cases related to the custodial violations. There are certain safeguards provided in the constitution related to the custodial violence. Article 20 of the Indian Constitution protects a person from the brutality of the police to confess to a crime that he has not committed, and Article 21 is against torture and assault. There are other statuary safeguards as well like Indian Evidence act 1872, Code of criminal procedure 1973, which paves way for the dismissal or suspension of the police personnel indulging in the activities of custodial violence. Sections 330,331,342 of the IPC provides to deter an officer who has used third-degree methods causing torture. Law commission of India’s 273rd report recommends the criminal prosecution of the police personnel accused of committing custodial torture. Strict implementation of the concerned laws should be made facilitating stringent actions against the cold-blooded play of power.
Keywords: Human right abuse, custodial violence, criminal prosecution, Indian Penal Code
4. SEXUAL HARASSMENT AT WORKPLACE IN INDIA: AN ANALYSIS OF PREVAILING LEGAL REGIME
Author- Arushi Anand
Abstract- The legal regime for sexual harassment of women at workplace started with judge-made law or guidelines on it due to non-existence of any framework to treat the same. Gradually, these took the shape of the enactment by the legislature in the form of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 which was an applaudable victory. Moreover, the provisions were progressive in nature, favoring the victims of such sexual harassment. But it has been seen that the workplace regime has not been sensitized over the years with issues of sexual harassments at a growing rate. Therefore, a re-look of the existing legal regime in respect to sexual harassment at workplace in India is essential so that fruitful steps can be undertaken to ensure a safe and healthy environment for working.
Keywords- sexual harassment, legislature, safe, healthy environment.
5. CORPORATE GROWTH THROUGH MERGERS AND ACQUISITION: INDIAN AND INTERNATIONAL PERSPECTIVE
Author- Muppana Nikhila
Abstract- In the contemporary business world, mergers and acquisitions have become more important. Mergers and acquisitions are commonly used as a means of reorganising different trade groups. Nowadays, the primary objective of most businesses is to influence global customer behaviour and reap the financial rewards of doing so. By cooperating with other businesses both locally and internationally, you may have a greater impact on the global consumer market. The rising application of deregulation, privatisation, globalisation, and liberalization (LPG) in most nations throughout the globe has enhanced the appeal of M & A’s as a foreign growth strategy. When it comes to growing a company’s creative portfolio, accessing new markets, obtaining expertise, and increasing access to research and development, M&As are an all-encompassing way of doing so.
Keywords- Mergers and Acquisitions, Consumer, Corporate, Market Place.
6. ANALYZING THE EVOLUTION OF SOCIETAL PERSPECTIVE IN CRIME AND IT’S IMPACT ON CRIMINOLOGY AND ENFORCEMENT OF LAW
Author- Sri Rakshana Priyaa V
Abstract- There is no society without unequals. Conflicting interest of people in the same society eventually becomes one of the reasons for crime. Crime thus becomes inevitable in a society which mandates a policy of normalization. Criminology plays an eminent role to criminalize a certain kind of conduct to declare that it should not be done as it causes upheaval in the society. It institutes infliction of punishment to supply a pragmatic reason for not doing it and takes a step forward to punish people who does not abide by the rules enacted to regulate the society. ‘Where there is a change, there is progress’. The change in the perspective of the society from ancient times till this date has brought several magnificent progresses that has broadened the scope of criminology. This article revolves around the origin and development of criminology, the different branches of criminology that have been emerged because of time and research of the criminologists, the optimistic change in the mindset of people that contributed to the development of criminology, improvement in the method of punishment to criminals, how the development of criminology shows impact in law enforcement and a few suggestions. The overall objective of this article is to showcase the change in the society’s perspective and its impact on the evolution of criminology and enforcement of Law.
Keywords- Development in Law enforcement, Evolution of Criminology, Society’s Perspective on Crime.
7. INCHOATE CYBER-CRIMES AND SUBJECTIVE FEELINGS OF SAFETY IN THE CYBERSPACE: A PILOT STUDY ON INDIAN NETIZENS
Author(s)- Ms. Kirti Minhas, Ms. Arunima Datta, & Mr. Sagar Ghodasara
Abstract-The anonymity assured by the cyberspace greatly influences criminal tendencies and fear of victimization online. The term “inchoate crimes” refers to a group of offences that do not require the completion of the intended criminal act for the target person to feel victimized. A criminological understanding of cyber-crimes, other than financial crimes in cyberspace, strongly indicates this incomplete nature of online victimization as well, especially in cases of cyber-stalking, cyber-bullying, and the likes. This nature of the outlawed behaviour poses a challenge for the concerned authorities to provide appropriate and timely assistance to victims of such cyber-harassment, let alone bring the perpetrators to justice. The researchers have designed an online survey to evaluate the awareness of what constitutes such cyber offences, and the fear of these inchoate cyber-crimes amongst the Indian population. Based on an analysis of the data collected, the researchers have suggested prospective victim assistance mechanisms by law enforcement officials for victims of inchoate cyber-crimes. In conclusion, the paper suggests legislative changes required in the existing cyber laws in India, wherein the dearth of a comprehensive definition of cyber-crimes even in the Information Technology Act, of 2000 despite an amendment being made in the rules of the IT Act, in 2021, is a primary challenge.
Keywords- inchoate crimes, cyber-crimes, law enforcement, victim assistance
8. WRONGFUL CONVICTION NEED FOR STRUCTURED RELIEFS TO THE EXONEREE
Author- V. Sudekshana
Abstract- The gravest miscarriage of justice is the conviction of an innocent. A wrongful conviction means the neglect of innocence. This can lead the innocent to think that ‘virtue is no security’ and therefore, his behaviour is immaterial. Such a sentiment cannot be instilled because then that will be the end of social order. Though guilt is to be proven beyond reasonable doubt, instances of wrongful conviction are inevitable due to various factors. Since the presence of this evil is acknowledged, it is the duty of the laws to provide for a relief. Such relief should be in the form of a comprehensive framework. The fact that there is no redressal framework, to which the exoneree can seek refuge to, reflects the pathetic state of affairs. The only remedy which can be sought is the relief under Article 32 and 226. When left to a case-to-case determination, it is naturally bound to be arbitrary and such subjectivity can do grave harm to the aggrieved exoneree. Wrongful conviction, in addition to being injustices against the victim, like any other crime, has an impact on the society as a whole in that it lowers the incentive to remain innocent, thereby lowering deterrence. The article looks into the aftermath of exoneration on the social, economic and psychological well-being of the exoneree and the social stigmatization surrounding them. The plight of the exonerees is no better than that of war veterans. The article studies the available remedies under the existing system and points out the inadequacy of those remedies. Further the article also tries to put forth possible suggestions for the formulation of a comprehensive legal framework suitable to the Indian judicial system.
Keywords- Wrongful conviction, Exoneree, Compensation, Innocence , Remedy
9. LAW ON CONSENT WITH RESPECT TO OFFENCES AGAINST WOMEN
Author(s)-Nandini Modi, & Kushagra Gupta
Abstract- Consent is difficult to define but very easy to understand. Any attempt to define consent may demolish the entire structure of consent-base offences, especially rape-law. However, consent is defined under section 375 IPC. Plain reading of the definition makes it clear that, consent must be ‘unequivocal’, ‘voluntary’ and ‘willing’; and the willingness must be ‘communicated’. It is an attempt to elucidate the definition of consent under section 375 IPC, and to comprehend the essential concept of consent. Furthermore, the definition constitutes a self-contradiction, as well as a contradiction to the concept of consent. Initially, it is important to keep in mind that the concept of consent in criminal and civil law differs. The purpose of the current article is therefore to examine consent in criminal law, particularly when it comes to offences affecting the body. The definition of consent, thus, gives birth to various questions of vital importance like, is there any relation between ‘will’ and ‘consent’; whether consent means voluntary agreement; what is the meaning of the expression ‘voluntary’; whether consent means unequivocal agreement; whether communication of agreement is must in every consent; what is ‘capacity to consent’; etc. This paper is an attempt to answer all such questions; and concludes that, the definition is full of contradictions. It trivializes the offence of rape. The definition is unreasonable, irrational, arbitrary, discriminatory, and indistinct.
Keywords- Consent, Voulantary, Rape, Offences.