Criminal Law

CRIMINAL LAW
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Team Members
NAME Chintan Doshi Cyabukombe David Deep Mehra Deepak Gupta Deepak Gupta Deepak Kumar Ojha Deepankar Shri Gyan ROLL NOS. 100103086 100103087 100103088 100103089 100103090 100103091 100103094
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Criminal Laws in India

Code of criminal procedure 1973 Indian Penal Code 1860 Indian Evidence Act 1872
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Few Important Terms

The crime: an offence which has been proven in the court
through evidences, is called a crime
The criminal: a person who is proved to have committed a

crime
The law: law says that the criminal shall be punished

accordingly.
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Bailable offence and non-bailable offence: In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence, the police can not grant bail and bail can be granted by a Judicial Magistrate/Judge only.
Charge: Charge is the set of accusations which are applied on a person against whom an fir has been reported.
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Cognizable and non-cognizable offence:

Cognizable offence: A cognizable offence in the criminal justice system of India is one in which the police is empowered to register an FIR, investigate and arrest an accused involved in cognizable crime without a court warrant
Non cognizable offence : A non-cognizable offence is one in which police can neither register a First Information Report (FIR) nor can investigate or effect arrest without the express permission or directions from the court.
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Indian Penal Code, 1860

Main criminal code of India A total of 511 sections Sections 299 to 377 covers offences to the Human Body. Section 300 Murder Section 302 Punishment for Murder Section 362 Abduction Section 376 Rape
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Important Sections
Section 302 Whoever commits murder shall be punished with death, or imprisonment for life and shall also be liable to fine. PunishmentDeath, or imprisonment for life, and fine CognizableNon-bailableTriable by Court of SessionNoncompoundable. Section 362 - Abduction.- Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
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Major sections with case studies

The Code of Criminal Procedure 1973 contains a total of 484 sections for various offences. We will consider three major cases of India which demonstrate three different types of crimes and violations of law.
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Jessica Lall Murder Case

Jessica Lall (19651999) was a model in New Delhi working as a celebrity barmaid at a crowded socialite party when she was shot dead on 29 April 1999. Siddharth Vashisht, a.k.a. Manu Sharma, son of Congress leader Binod Sharma, asked for a drink, which Jessica refused; he then tried to offer a thousand rupees, which she refused as well. An enraged Manu then shot at Jessica twice at point blank range, killing her.
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Sequence of Events
29 Apr 1999
Jessica Lall is shot by Manu Sharma
Feb Sep 2006 Public uproar, petitions through media for reinvestigation
9 Sep 2006 Tehelka shows sting operation showing bribery and coercion on witnesses
29 Apr 1999
Manu Sharma hides the weapon in a nearby village
21 Feb 2006
All nine witnesses acquitted
Nov - Dec 2006

Vinod Sharma resigns Manu Sharma declared guilty
3 Aug 1999
Charge sheet filed against Manu Sharma
Aug 1999 - Feb 2006

Trial; four witnesses, including Shayan Powerpoint Templates Munshi, turn hostile
20 Dec 2006
Manu Sharma awarded Life Imprisonment
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The bullet cartridges were changed to prove that the bullets were from two different guns, making the case weaker.
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Aftermath and Impact of Case

After acquittal, on a scale of 1 to 10, the public's faith in law enforcement in India was about 2.7 according to poll conducted by the Hindustan Times Decision indicated that even the most powerful were not above the law. Manu Sharma challenged his conviction and life sentence awarded by the Delhi High Court Supreme Court upheld the HC verdict in the Jessica Lall murder case.
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Violations of Law
Manu Sharma named the main accused and charged under sections 302 (murder), 201 (destruction of evidence), 120(b) (criminal conspiracy), and 212 (harbouring suspects) of the Indian Penal Code; and sections 27, 54 and 59 of the Arms Act.
Other accused, like Vikas Yadav, Coca-Cola Company officials Alok Khanna and Amardeep Singh Gill, were all charged variously under sections 120(b), 302, 201 and 212 of the IPC (for giving shelter to the accused and destroying evidence)
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Noida Double Murder

On May 16, 2008, Aarushi Talwar, a 14-year-old Class IX student of Delhi Public School in Noida and the daughter of a successful dentist couple, was found dead with her throat slit in her parents' home at Jalvayu Vihar in Noida, Uttar Pradesh. Few hours later, the domestic help Hemraj found dead on Talwars residence.
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Highlights
Family under suspicion, Rajesh Talwar arrested CBI takes over probe Domestic help Krishna arrested Consecutive lie-detector tests on mother, father, domestic help CBI declares it as blind case Rajesh Talwar freed on bail CBI submits closure report, citing not enough evidence Prime Suspect Rajesh Talwar, however no evidence or motive Rajesh and Nupur Talwar named accused Case unsolved
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Significance of Case
Received nationwide attention compromising privacy of family Reinstated medias role of overstating Police condemned for character assassination Demand for appropriate investigation and legislature
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Hanging of Dhananjoy Chatterjee

Dhananjoy Chatterjee was a security guard who was executed by hanging for the murder (following a rape) of 14-yearold Hetal Parekh on March 5, 1990 at her apartment residence in Bhowanipur. Dhananjoy worked as a lift operator in the building where Hetal Parekh and her family lived, raped and killed the girl when she returned to an empty flat from school.
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Procedures in Law
Alipore Sessions Court found him guilty High Court confirmed death sentence under Section 302. The first petition to the President was rejected in 1994. Lodged in the Alipore Central jail in Kolkata for 14 years.
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Article 32
His brother is said to have sought a copy of the letter issued by the President rejecting clemency in order to take the next legal course under Article 32 of the Constitution. Article 32 of the Constitution grants an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights.
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Delay in Judgement
Sentence upheld both by the High Court and the Supreme Court Governor of W. Bengal rejected mercy plea by the convict's relatives. Feb 1994, Dhananjoy obtained an interim stay from the High Court. September 2003, petition for commutation of his sentence owing to the delay in its execution was quashed by the High Court, and Dhananjoy Chatterjee appealed to the Supreme Court. In February the Supreme Court referred his mercy petition to the Governor for reconsideration. The Governor rejected the petition and Dhananjoy was scheduled to be hanged to death at 4-30 a.m. on June 25.
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Home Ministry asked President A.P.J. Abdul Kalams opinion on a mercy petition filed by Dhananjoy Chatterjee's family and several social organisations. State government, the CPI(M)-led Left Front made it clear that it fully supported the death sentence. Second mercy plea rejected Hanging carried out on Aug 14, 2004
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Family
For 13 long years, Dhananjoy was in solitary confinement. His family sufferred worse than him. They had to sell their land to meet the legal expenses. His old parents nearly committed suicide. Their grief was broadcasted live on our INSENSITIVE national media. The family refused to either attend the execution or claim his body; it was later cremated.
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Criminal Law for Minors

Under Section 82, IPC 1860, - Nothing is an offence which is done by a child under seven years of age. Under Section 83, IPC 1860, - Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. According to Section 90 of I.P.C, consent of a child below 12 years is not a consent, as is intended by any section of I.P.C., for example, consent for sexual intercourse. According to Section 375 of I.P.C, sexual intercourse with one's own wife, even with her consent, is rape if she was below 15 years (Amended to 13 years for the state of Manipur)
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Criminal Law

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CRIMINAL LAW

Powerpoint Powerpoint Templates Templates

Criminal Laws in India

Few Important Terms

The criminal: a person who is proved to have committed a

The law: law says that the criminal shall be punished

Cognizable and non-cognizable offence:

Indian Penal Code, 1860

Major sections with case studies

Jessica Lall Murder Case

Nov - Dec 2006

Aug 1999 - Feb 2006

Aftermath and Impact of Case

Noida Double Murder

Hanging of Dhananjoy Chatterjee

Criminal Law for Minors

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