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Why Not Corrupted Public Servant Deserves Capital Punishment?
For those who commit acts of corruption, Indian law has certain sentencing guidelines. In India, corruption is a crime that carries both jail time and financial penalties. The specific sanctions for corruption vary according to the crime's type and extent as well as the particular laws that were broken.
The Prevention of Corruption Act of 1988 makes it illegal to take or give bribes, use one's position as a public worker improperly for personal advantage, or engage in corrupt activities like fraud or embezzlement. Up to seven years in prison and fines are possible penalties for offenders. Individuals and organizations found convicted of corruption can be subject to civil fines, such as restitution of earnings or damages, in addition to criminal punishments.
Corruption: Not a Capital Punishment
There are a number of reasons why corruption trials cannot result in the capital punishment. They are as follows-
Law is Biased- With the aid of the officials; the lawmakers in the Parliament make the legislation. They are thought to be the most corrupt people in India.
Ineffectiveness- In real-life instances of corruption, the death penalty is ineffective. Although China has a death penalty for cases of corruption, it is an even more corrupt country than India.
Only Stick Is Ineffective- The carrot-and-stick approach to administration is the most successful. It indicates rewarding good efforts and punishing bad. Your promotions and pay are determined under the current government system based on your seniority or caste. Excellent officers are not given an extra rise or promotion out of turn. Government officials would stop functioning or making difficult judgments if you imposed harsh penalties. The government might come to a halt as a result.
Abuse of the Law- Every Legislation has room for abuse. The likelihood of abuse increases with the severity of the law. Let's assume that, as a trustworthy officer, you won't act improperly. Someone only needs to hide a few thousand rupees at your house or office to execute you. A government official can be fixed far more easily than you might imagine.
We must keep in mind that courts must adhere to very strict rules of proof before imposing the death penalty. Evidence in situations of corruption is typically indirect. Therefore, if we impose the death penalty for corruption, the majority of the offenders will escape punishment due to a lack of direct evidence.
The use of capital punishment won't stop corruption. India has the strictest anti-corruption laws at the moment. You can avoid all penalties for evading 100 crores in tax on income or the excise/service tax by paying a modest penalty. However, if a public servant is discovered to be accepting even a single rupee in a bribe, he may be detained and fired.
The enforcement of the law is the main obstacle. The assistance of the public is crucial for this goal. The majority of people would rather pay a bribe since they personally benefit from the system than protest about the corrupt officials. Therefore, without the participation and active cooperation of the citizens, you cannot eradicate corruption through harsh punishment i.e. capital punishment alone.
Role of Lawyers
Charges stemming from an alleged act of bribery may be brought in various kinds of courts, and any testimony or evidence presented in one court may be used on you in another. Consequently, a planned and futuristic defense strategy needs to be created.
To begin criminal prosecution or other legal actions in the same way, an investigation agency must first obtain authorization from the state or federal government. In actuality, government-chosen prosecutors handle court cases. All proceedings under the Prevention of Corruption Act are initially handled by special judges who are appointed by the state or federal governments.
You will need the help of lawyers to save you from corruption cases and lessen your punishment for it. If you need the help of lawyers to help you lessen your punishment in a corruption case in Gurgaon, then Criminal Lawyer In Gurgaon can be hired. Similarly, Criminal Lawyers In Delhi can be employed if you need the help of lawyers to help you lessen your punishment in a corruption case in Delhi.
At Lead India, you can consult and talk to a lawyer for advice there. You can get free legal adviceonline as well as ask a legal question online for free to lawyers at Lead India.
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Which Type Of Case I Can File If Anyone Blackmailing Me ?
Blackmail is a phrase that is frequently used informally, such as to suggest that someone is forcing you to perform a task you would rather not do. Theoretically, this is not a case of blackmail. Real blackmail is a heinous offense.
It can have terrible financial and social ramifications, as well as cause intense psychological suffering to the victim. That is why it is critical to understand that if blackmail is occurring or has taken place before, there are steps you may take.
Types of Cases to be filed for Blackmail
Blackmailing may be classified as Criminal Intimidation or Extortion, both of which are punishable offenses under the Indian Penal Code 1860. Under the virtue of Section 503 of the Indian Penal Code of 1860, blackmail can be considered criminal intimidation.
Cases to be filed under Section 503 of IPC- Under the virtue of Section 503 of the Indian Penal Code of 1860, blackmail can be considered criminal intimidation. Criminal intimidation occurs when a person threatens another individual with harm to his reputation or possessions, or to the individual or reputation of any other individual in whom one person is interested, with the (malafide) intention of causing harm to that individual or when causes such an individual to do any act that he is not entitled to do.
Punishment- An individual who engages in Criminal Intimidation may be punished with imprisonment with either type for a term of up to two years, a fine, or both.
Cases to be filed under Section 383 of IPC- Extortion can be defined as blackmailing (especially when combined with criminal intimidation) under the virtue of Section 383 of the Indian Penal Code of 1860. Extortion occurs when someone wilfully places another person in fear of danger to that person or another person and then dishonestly compels that person to transfer any property or things of value, or anything certified or sealed that can be transformed into a valuable security, to that person.
Punishment- Extortion is punishable by imprisonment of any kind for a duration that can last up to three years, a fine, or both.
Dealing with Blackmailing
The first point to keep in mind is that you should never take issues into your own hands. Choosing to resort to your own threats, a physical conflict, or even murder will almost certainly result in your personal incarceration and the blackmailer carrying out their threat.
As a result, simply agreeing with the requirements can usually result in more demands or the blackmailer carrying out all the forced threats after you have complied.
The police are responsible for apprehending and prosecuting wrongdoers. They must be contacted first. Extortion and blackmail are crimes, and they are responsible for enforcing the law.
In some circumstances, the threatened danger is not as severe in reality as it appears in your mind. You should get another perspective from someone you can trust. It may be a lawyer who is obligated by lawyers-client privilege not to expose your secrets.
You must ask if they can provide any perspective that will alleviate your concerns about refusing to comply with the blackmailer's requirements and dealing with the potential consequences.
You must obey the directives of law administration, even if they appear to be poor ideas. They may compel you to endure another round of extortion in order to gather evidence necessary to convict. Alternatively, they may urge you to resist the blackmailer or engage in other behaviours to entice the person to reveal themselves.
You must follow whatever advice is given to you. The police usually handle these situations and collect evidence that is required to guarantee that the blackmailer never tortures you or anyone else again.
Therefore, the best method to get advice on these complicated legal issues is to call your lawyer. A lawyer can not only aid you with gaining perspective while safeguarding your confidentiality, and they can also assist you in navigating the appropriate process of getting assistance with your situation.
Generally, a lawyer will be able to recommend ideas that you would not have considered otherwise.
You will need a lawyer to deal with your case if someone is blackmailing you by providing the evidence in court when necessary. If you need the assistance of a lawyer for your blackmail case in Ghaziabad, then a Criminal Lawyer In Ghaziabad can be hired, and if you need the assistance of a lawyer for your blackmail case in Pune, then a Criminal Lawyer Delhi can be hired. Similarly, a Criminal Lawyer In Delhi can be hired if you need the assistance of a lawyer for your blackmail case in Delhi.
At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.
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Is Destroying Heritage Monuments a Criminal Offence
A building, monument, structure, graveyard, cave, rock carving, engraving, or monolith that has been in existence for over a hundred years and is of historical, archaeological, or artistic interest is referred to as an ancient monument by the Archaeological Survey of India (ASI).
In addition to being works of art, they provide a glimpse into the heritage culture of prehistoric communities. They are among the most popular tourist locations. They are essential elements that ensure our culture and senses of pride are shared worldwide.
Constitutional Foundation
Every monument, location, or thing of artistic or historical interest that has been designated as being of national importance by a statute passed by Parliament must be secured by the State from any damage, destruction, deformity, removal, disposal, or export, as the case may be, according to Article 49 of the Indian Constitution.
Every Indian citizen has a duty to respect and preserve the rich heritage of their culture, as stated in Article 51 A (f) of the Indian Constitution.
Destroying Heritage Monuments: Criminal Offence or Not?
In order to enforce severe penalties on those who destroy heritage monuments and historic sites of national importance, the Lok Sabha adopted an amendment to the Ancient Monuments and Archaeological Sites and Remains Act of 1958 in the year March 2010.
The previous punishment for this type of infringement, which was three months of imprisonment and a fee of 5,000 rupees, has been enhanced to two years in jail and a fine of up to one lakh rupees if the offender is found guilty of destroying or abusing any protected heritage monument.
Merely beginning works and construction in the regulated area without the Competent Authority's approval is punishable by two years of imprisonment and a fine of one lakh rupees.
The penalty has been enhanced to ensure that the penalty serves as a deterrent and that nobody dares engage in illicit action as specified by the Act. The Act imposes strong sanctions on Central Government personnel who are found indulging in any illegal or forbidden behaviour.
Under the virtue of Section 425 of the Indian Penal Code, mischief is defined as the intentional destruction or damage of property that results in unjust loss or harm. It carries a maximum three-month sentence in jail, a fine, or both.
Judicial Pronouncements
The State High Courts and the Apex Court have also tackled the problem of safeguarding and preventing heritage monuments in various Public Interest Litigation (PIL) cases, such as the Taj Trapezium case, Subash Dutta v. UOI, and many more.
In these situations, neglected monuments must be protected since they are being mistreated, which includes theft, robbery, and vandalism.
Role of Lawyers to Protect the Heritage Monuments
Essentially, a lawyer's job is to have any allegations against you dropped by reviewing earlier court decisions.
Consequently, case law is important when the law does not explicitly describe the activity as mischief. When the defense lawyer is able to persuade the Court that either there is no "reasonable prospect of conviction" or that continuing would not be "in the public interest," the majority of these cases are dropped before trial.
In the latter scenario, it is frequently quite helpful for the accused to seek counselling to address the conduct in an effort to persuade the Court to drop the charges.
You will require legal representation to protect yourself from any criminal accusations related to the damage of any heritage monuments. You can hire criminal lawyer in Kolkata to help you respond to the claims and defend yourself from facing criminal penalties for the damage of any heritage monuments in Kolkata.
You can also hire Criminal lawyers in Pune to help you respond to the claims and defend yourself from facing criminal penalties for the damage of any heritage monuments in Pune. Similarly, you can acquire the services of criminal lawyers in delhi to assist you in defending against any criminal accusations brought against you in relation to the damage of any heritage monuments in Delhi.
At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online free to lawyers at Lead India.
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How Can I Report Criminal Activities Of Public Servant?
A healthy democracy is attacked at its very core by the evil of corruption. It fosters inequality and poses a significant obstacle to inclusive development. In other words, corruption involves using one's position of power or influence improperly to benefit oneself or others.
Laws Pertaining to Corruption by Public Servants
Indian Penal Code of 1860
According to the Indian Penal Code, a "public servant" is a person employed by the government, an officer in the military, navy, or air force, a police officer, a judge, a member of the Court of Law, or any other local authorities established by a state or federal law.
A public servant who buys or bids on the property without authorization is in violation of Section 169 of the Indian Penal Code. If a public servant breaks the law, they could receive a fine, a prison sentence of up to two years, or both.
The criminal breach of trust by any public servant is covered under the virtue of Section 409 of the Indian Penal Code. The public servant will get a fine and a sentence of life imprisonment or up to 10 years.
The Prevention of Corruption Act of 1988
In addition to the parties covered by the IPC, the term "public servant" also refers to officials working for banks, universities, the Public Service Commission, and cooperative societies that receive government funding.
A public servant who accepts gratification other than his legal salary in exchange for performing official duties or trying to persuade other employees faces a minimum jail sentence of six months, a maximum of five years in prison, and a fine. A public servant is also punished under the act because he used his official power for personal gain and to influence the public illegally.
A public servant who accepts something valuable from someone in his or her official capacity without compensating for it or paying insufficiently for the valuable thing will be punished with a minimum of six months and a maximum of five years in imprisonment and a fine.
Prior approval from the federal or state governments is required to prosecute a public servant.
Benami Transactions (Prohibition) Act of 1988
Except when a person buys property in his wife's or unmarried daughter's name, the Act forbids any benami transaction (purchasing property in the name of another person but not paying for it).
Anyone who engages in a benami transaction is subject to a fine and/or a sentence of up to three years in jail.
Any property that is considered to be benami could be obtained by a designated authority, and no money needs to be paid in the process.
Prevention of Money Laundering Act of 2002
According to the Act, money laundering is committed whenever a person participates in any procedure involving the proceeds of crime and presents those proceeds as untainted property. The term "proceeds of crime" refers to any assets acquired by an individual as a result of criminal activity connected to specific offenses enumerated in the Act's schedule. Only after being accused of committing a scheduled offense may someone be charged with money laundering.
Money laundering is a crime that carries a harsh three - seven years prison sentence and a maximum fine of 5 lakh rupees. If someone is found guilty of a crime under the Narcotics Drugs and Psychotropic Substances Act of 1985, they might face up to a maximum term of confinement of up to ten years.
Procedure followed to Charge Dishonest Public Servants
Under the Indian Penal Code of 1860 and the Prevention of Corruption Act of 1988, the Central Bureau of Investigation (CBI) and the state Anti-Corruption Bureau (ACB) look into cases of corruption.
The Central Vigilance Commission (CVC) is a legislative organization that oversees corruption investigations in government agencies. This department has the authority to decide whether to take any punitive proceedings against a public servant.
An investigating agency can only file charges after receiving the state or federal government's approval. Government-appointed prosecutors carry out the prosecution process in courts.
Special Judges chosen by the federal or state governments preside over all trials conducted according to the Prevention of Corruption Act of 1988.
You can hire a lawyer to report criminal activities of a public servant. If you want to report criminal activities of a public servant in Pune, then a Criminal Lawyer in Delhi can be hired and if you want to report criminal activities of a public servant in Ghaziabad, then a Criminal Lawyer in Ghaziabad can be hired. Similarly, a Criminal Lawyer Delhi can be hired if you want to report criminal activities of a public servant in Delhi.
At Lead India, you can talk to a lawyer. You can obtain free legal advice and ask a legal question online free to lawyers at Lead India.
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Why Destroying National Monuments a Criminal Offense
Construction activities are completely prohibited within the restricted and controlled areas of national historical structures or sites under the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validity) Act 2010. The new rule has surprised individuals who damage historic buildings and property developers who encroach on the neighborhood around them.
The modified Act designates a 200-meter radius region as regulated and a 100-meter radius area as forbidden from the national monument's edge. According to the law, if the National Monument Authority deems it necessary, this restriction may be increased. Even if the work is done as part of community service, the act outright prohibits construction operations there.
Under the new legislation, the sentence for destroying, changing, or improperly using a protected monument has been doubled from three months to two years in prison and from Rs 5,000 to Rs 1 lakh in fines. Merely carrying out construction in the regulated area without first obtaining consent from the Competent Authorities is punishable by two years in prison and a fine of Rs. 1 lakh.
The law holds Central Government representatives accountable for successfully implementing the Act. If the aforementioned officials fail to monitor building activity, the legislation mandates three years in prison, a fine, or both.
Reasons for panelizing:
Modern structures are often constructed using conventional building supplies like concrete, masonry, and readily accessible metals. The fact that so many buildings constructed before 1900 are still standing is a monument to the skill and attention to detail these builders exhibited. These buildings were frequently constructed of superior materials that were intended to survive the hardest weather conditions. Rarer materials like heart pine wood, which was utilized to produce flooring, walls, doors, and other architectural components, were also used in early 1900s buildings. Due to over-harvesting, these materials are extremely rare nowadays and are only present in these old houses. Historic preservation makes it possible for historians to study the fundamentals of how a building was made and past human endeavors.
Seeing historical structures and buildings from a city's or town's history is a big part of local tourism. Those who are exploring a new place could find it interesting to imagine what life was like before the great global wars, before automobiles, and before cell phones. Older structures have a charm that contemporary structures cannot match. They include distinctive features like weathered masonry, cobblestone walkways, and vintage street lighting that appeal to older tourists and capture the imagination of younger ones. Tourists are drawn to a historic building's flaws, such as the indoor furnishings, the several levels found throughout the structure, etc.
Threats to demolish ancient structures are always met with a flood of opposition from residents who want to keep a city's art and complexity. Historic structures are constantly in danger from landowners and city planners seeking methods to boost property value and make money. Yet if you demolish a historic structure that has weathered two world wars and extreme weather to build a shopping center, the next generation of residents will never be able to appreciate its significance, and it will be lost for good. Not that we shouldn't improve on the past—historical structures frequently require renovation to keep them in top condition—but razing them and turning them into rubble erases a piece of history.
To guarantee that it serves as a deterrent and that no one dares engage in unlawful action as defined by the Act, the punishment has been strengthened. Officers of the Central Government who are caught engaging in any unlawful or unpermitted behavior under the Act will likewise face harsh penalties.
Article 49 of the Constitution of India provides strong protection for India's built heritage: " Every monument, location, or item of artistic or historic interest that has been proclaimed to be of national importance by the government or by a law passed by the parliament must be protected against deterioration, disfigurement, destruction, removal, disposal, or export, as the case may be''. The obligation of every Indian citizen is further stated in Article 51 A (f): "(g) to safeguard and improve the natural environment, including forests, lakes, rivers, and wildlife; and (h) to respect and maintain the rich heritage of our composite culture."
Criminal Lawyer in Kolkata can be appointed if the cause of action has occurred in Kolkata. Moreover, if the case of action has occurred in Delhi then a Criminal Lawyers in Delhi can be appointed.
At Lead India, we offer a range of professional and legal services. You can ask a legal question here. Talk to Lawyer for the best advice in this scenario. Our legal staff will assist you in making wise choices. We also provide free legal advice online.
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Do Spitting On National Monuments Is A Criminal Activity?
A building, construction, monument, cave, rock carving, inscription etc., that has been in existence for over a hundred years and is of historical, archaeological, or artistic interest is referred to as an ancient monument by the Archaeological Survey of India (ASI). In addition to being works of art, they provide a glimpse into the civilization of prehistoric communities. They are among the most popular tourist locations. They are essential elements that ensure our culture and sense of pride is shared worldwide.
Indians have been seen spitting without regard for social justice or government penalties. On a normal day, one may stroll about and notice that everything is red and crimson, including government buildings, national monuments, parks, streets, and even movie theatres.
Constitutional Duty to Preserve Monuments
Every monument, location, or thing of artistic or historical interest that has been designated as being of national importance by a statute passed by Parliament must be secured from damage, deformities, destruction etc., as the case may be, according to Article 49 of the Indian Constitution.
Every Indian citizen has a duty to preserve and safeguard the rich heritage of their culture, as stated in Article 51 A (f) of the Constitution of India.
Spitting on a National Monument: Criminal Activity or Not?
In order to enforce severe penalties on those who spit or destroy monuments and historic sites of national importance, the Lok Sabha adopted an amendment to the Ancient Monuments and Archaeological Sites and Remains Act of 1958 in the year March 2010.
The previous punishment for this type of infringement, which was three months in jail and a penalty of 5,000 rupees, has been enhanced to two years in imprisonment and a fine of up to one lakh rupees if the offender is found guilty of destroying or abusing any treasured national monument.
It ensures that it serves as a deterrent and that nobody dares engage in illicit activity as specified by the Act; the punishment has been enhanced.
In accordance with Section 425 of the Indian Penal Code, mischief is defined as any intentional damage or destruction of property resulting in a wrongful loss. Central Government officials who are found getting involved in any illegal or unpermitted behaviour under the Act will also face harsh penalties. It carries a maximum three-month sentence in jail, a fine, or even both.
Disaster Management Act of 2005
In accordance with the fundamental objective of this Act, which is to ensure the proper management of disasters and matters related to them, spitting in public places became a criminal activity under Section 51(b) of the Disaster Management Act of 2005 in the year of April 2020.
As a result of COVID-19 being declared a "national disaster," all of India is subject to the Disaster Management Act's orders. As a result, the Indian government has the authority to order state and local governments to enforce legislation or orders prohibiting spitting and demand that district magistrates enforce those laws or orders through punitive damages and other punishments per the Act.
Disobeying an order issued by the Central Government, the State Government, the National Executive Committee, the State Executive Committee, or the District Authority is "punished for obstruction," as stated in Section 51(b) of the Disaster Management Act.
Punishment- An individual who disobeys orders may be sentenced for a year in jail, a fine, or even both. The offender might spend up to two years in prison if their denial results in someone's death.
Similarly, the states also established municipal and local laws against the menace of spitting in public places. These clauses are likewise included in the Policing Acts of various states. Among them are:
You'll need legal representation to protect yourself from being charged for spitting in public places such as national monuments. The best Criminal lawyer in Kolkata may be hired if you want to defend yourself against the criminal offense of spitting in a national monument, and the best Criminal lawyer in Pune can be hired if you want to defend yourself against the criminal offense of spitting in a national monument in Pune. Similarly, you can get the top Criminal lawyer in Delhi to defend you against any charges of spitting in a national monument in Delhi.
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Do Spitting In Public Transport Is A Criminal Activity?
Indians have been seen spitting without regard for social fairness or government penalties. On a normal day, one may stroll about and notice that everything is red and maroon, including government buildings, public transport, lifts, public restrooms, parks, streets, and even movie theaters.
Indian Laws Prohibiting Spitting in Public Transport
The Factories Act of 1948
Each factory is required to maintain a sufficient amount of spittoons in easily accessible locations that must be kept clean and hygienic as per Section 20 of the Factories Act.
The State possesses the authority to create rules and standards for keeping spittoons clean and hygienic. They also have the power to decide the logistics of how many spittoons will be provided and where they will be fixed.
Additionally, prohibiting and stopping people from spitting on factory property is the main goal of building a spittoon.
A notice outlining this obligation and the penalties for violating it shall be posted in visible places around the property.
Punishment- The maximum penalty for a violation of Section 20(3) is five rupees.
The Dock Workers Regulations of 1990
Spittoons are required to be provided in sufficient quantities and placed in convenient locations in each and every dock area, particularly in warehouses and storage spaces, according to the Dock Workers Regulations
They must also be kept sterile and clean at all times. Additionally, placing a notice in the right places is required to make everyone aware that it is illegal for anybody to spit in any place other than in the designated spittoons.
The spittoons should be of a particular style that has been approved, and they must be disinfected, sterilized, and disposed of at least once every day.
Punishment- Anybody who infringes the regulation may be penalized with a fine of up to 100 rupees
The Disaster Management Act of 2005
This Act does not explicitly address spitting, which was a protective measure to fight COVID-19 that required a federal statute to be enforced in every state.
In accordance with the fundamental objective of this Act, which is to ensure the proper management of disasters and matters related to them, spitting in public places, such as on public transport, became a crime under the virtue of Section 51(b) of the Disaster Management Act in the year 2020.
With the declaration of COVID-19 as a "notified disaster," the Disaster Management Act's directives now apply to the entirety of India, giving the Indian government the power to order state governments to pass laws or orders prohibiting spitting and demand the district magistrates to handle them out via the fines and other sanctions in accordance with the Act.
Disobeying the order issued by or on behalf of the Central and the State Governments, the Committee of the National Executive, the Committee of the State Executive or the District Authority is "prosecuted for obstruction," as stated in Section 51(b) of the Disaster Management Act.
Punishment- An individual who disobeys orders may be sentenced to up to a year imprisonment, a fine, or both. The offender might spend up to two years in prison if their denial results in someone dying.
The Indian Railways Rules of 2012
Rule 3(b) of the Indian Railways Rules of 2012, when read in conjunction with Rule 4, specifies the punishment for restricting activities that affect sanitation and hygiene on railway property.
Activities that are forbidden on railway property include bathing, spitting, urinating, and having any kind of container close to the area, as detailed in Rule 3(b).
Punishment- An infringement of Rule 3 is subject to a fine of a maximum of 500 rupees, according to Rule 4.
Similar municipal and local laws against the menace of spitting in public places, such as in public transport, have also been established by the states. These clauses are likewise included in the Police Acts of various states. Among them are:
Bombay Police Act of 1951
Delhi Police Act of 1978
Smoking & Spitting and Protection of Non-Smokers' and Minors' Health Act of West Bengal, 2001
To protect yourself from being charged for spitting in public transport, you'll need access to a lawyer. The best Criminal Lawyer in Kolkata may be hired if you want to defend yourself against the criminal charge of spitting in public transport, and the best Criminal Lawyer in Pune can be hired if you want to defend yourself against the criminal charge of spitting in a public transport in Pune. Similarly, you can get the top Criminal Lawyer in Delhi to defend you against any charges of spitting on public transport.
At Lead India, you can speak with an attorney. You can obtain free legal counsel online and ask queries of experts at Lead India.
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Is Destroying National Monuments Criminal Offense
A monument is a particular kind of building that was specifically designed to honor someone or something; it may also have acquired significance to a social group as a Because of its artistic, historical, political, technological, or architectural significance, it has become a part of people's collective memory or cultural heritage.
Some of the first monuments were megalithic constructions called dolmens and menhirs, which were built for ritual or funerary purposes. Among the various types of monuments are statues, (war) memorials, historic homes, locations, and cultural assets. A monument, for instance, may be included on the UNESCO World Heritage Site list if the public is interested in its preservation.
The length and width of India are covered in numerous ancient and cultural monuments. These are of utmost importance to our nation's riches and strength. Because of these landmarks, the tourism sector is booming. The main goal is to preserve them and to keep them safe from harm and destruction of any type.
Any construction, erection, monument, tumulus, or place of interment, as well as any cave, rock-sculpture, inscription, or monolith that is of historical, archaeological, or artistic interest, are considered to be ancient monuments and that has been in existence for not less than 100 years," according to the Archaeological Survey of India (ASI).
Consequently, a number of pieces of legislation have been passed. Each State Party to this Convention acknowledges that it is their responsibility to ensure the identification, protection, conservation, presentation, and transmission of the cultural and natural heritage, i.e. those sites which can be considered for inscription on the World Heritage List. India has ratified the UNESCO World Heritage Convention.
Legal Provisions:
In accordance with Article 49 of the Indian Constitution, "protection of monuments, sites, and objects of national importance Every monument, location, or item of artistic or historic interest that has been declared by or under a law established by Parliament to be of national importance must be protected by the State from spoliation, disfigurement, destruction, removal, disposal, or export, as applicable.
The Indian Constitution's Article 51A (g) calls for the preservation and enhancement of the natural environment, including forests, lakes, rivers, and wildlife, as well as compassion for all living things.
The Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act) of 1958 is a law passed by the Indian Parliament that establishes guidelines for the protection of sculptures, carvings, and other similar artifacts as well as the preservation of important historical and archaeological sites and remains. The present three-month sentence and fee of Rs 5,000 for such infractions has been increased to two years in prison and a fine of up to Rs one lakh. This will probably serve as deterrence to anyone who intentionally harms or defaces the monuments.
The Antiquities and Art Treasures Act, 1972 was passed to control the export of antiquities and art treasures and to prohibit fraud and antiquities smuggling. The 1878 Indian Treasure Trove Act governs valuables discovered in India.
These monuments are also safeguarded under the Prevention of Damage of Public Property Act of 1984. India is renowned throughout the world for the rich history that our predecessors left behind. Every legacy tells a different, beautiful tale from the past, which gives the country its own identity. Threats to the legacy include industries, terrorism, vandalism, pollution, land acquisition, agricultural operations, a lack of civic virtue, and construction or sewages in and around the area.
India has 40 World Heritage Sites total, 32 of which are cultural, 7 of which are natural, and 1 mixed site. Additionally, the Archaeological Survey of India (ASI) is in charge of 3,691 monuments that have been designated as monuments of national significance.
India can protect its cultural and historic resources while fostering local economies by creating jobs, new enterprises, and tax money for the government by promoting heritage tourism. The local inhabitants and tourists need to be made aware of the heritage resource and encouraged to support its preservation.
Criminal Lawyer in Kolkata can be appointed if the case has been filed in Kolkata. Likewise, if the case has been filed in Delhi then a Criminal Lawyers in Delhi can be appointed Criminal Lawyer in Mumbai.
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Do Killing Pet Animal Is a Criminal Offence?
The traditions and texts of India recognize the value of protecting animals. The laws in India still guarantee their security and existence. The government has repeatedly attempted to establish a solid framework to defend animals from potential attacks.
The Constitution of India
The State is required by Article 48A of the Indian Constitution to protect animals and safeguard the country's wildlife. It increases the animal's protection from all threats and helps in increasing its population.
Every citizen has a fundamental responsibility to protect and preserve forests and animals, as well as to exhibit compassion for all living creatures, according to Article 51A (g) of the Indian Constitution.
The Court's broad reading of Article 21 of the Indian Constitution ensures that animal rights are protected. According to local legislation, every animal has the right to life and security, and this privilege extends to animals and birds in addition to humans.
Indian Penal Code
Anyone who kills, poisons, injures, or renders an animal worth at least 10 rupees useless is subject to punishment under Section 438 of the Indian Penal Code. The criminal faces a two-year prison sentence, a fine or both.
The protection for specific animals that are most frequently exploited in India is provided under Section 439 of the Indian Penal Code. According to this Section, anyone found guilty of killing, poisoning, maiming, or rendering useless any elephant, camel, horse, mule, buffalo, bull, cow, or ox valued at more than fifty rupees will face a five-year prison sentence, a fine, or a combination of the two.
Prevention of Cruelty to Animals Act
In order to prevent animals from suffering unendingly, the Act lays out punishments for violators who expose animals to needless hardship and cruelty.
The Act also addresses the many forms of animal cruelty, its exclusions, and the process for murdering a victim of cruelty in order to put an end to their suffering.
It is a crime to abandon any animal or leave it in a place where it may starve or thirst, as stated in Section 11 of the Prevention of Cruelty to Animals Act of 1960.
How to File a Lawsuit against Someone Who Kills Your Pet
Getting the Right Evidence - You need proof that your animal died before you can file a lawsuit. To accomplish this, examine the circumstances of the animal's demise and create images depicting the injuries it sustained. As a result, the attorneys assist you in compiling the appropriate proof at the appropriate moment.
Finding the Witnesses- If anyone observed your pet being killed, attempt to acquire their name and contact information. If you go to trial, you might be required to get in connection with them once again. One of the witnesses is also the one who killed the animal. As a result, a defendant's evidence may be used against them in court proceedings. In the court trial, the lawyers' main contribution is to cross-examine the defendant's witnesses.
Making an F.I.R. at the Police Station- They look into the incident and make a report on it. If you do not even know who murdered or hurt your pet, you should also contact the authorities. Unfortunately, you must be informed of this person's identity before you may file a case. A defendant must be named in every lawsuit. If you can't identify the person who hurt your pet, maybe the police can investigate the matter.
To ensure that you are held accountable to the wrongdoer for the allegations of killing your pet animal, you will need a lawyer. If you wish to punish someone in Kolkata for killing a pet animal, you can hire a Criminal Lawyer in Kolkata to assist you in outlining the charges or accusations.
If you wish to punish anyone in Pune who kills a pet animal, you can appoint a Criminal Lawyer in Pune to assist you in outlining the allegations or accusations. Similarly, a Criminal Lawyer in Delhi can be hired to help you defend against charges and ensure that anyone found guilty of killing a pet animal in Delhi receives appropriate punishment.
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Is Teasing A Criminal Activity In India?
What does eve teasing really mean, eve teasing is annoyance or irritation that is being done against women, the eve teasing is referred to as an act of harassing women physically, verbally, intentionally or maliciously to make fun, irritate, embarrass or make fun of her by the virtue of jokes, sign, gestures and taunts etc.
In India, the male thinks that they are superior to women in India and thus this thinking leads to such circumstances they think that they are more powerful than women both emotionally and physically and there is such thinking of the men that they are not doing anything wrong it's just for fun.
As per recent research it is said that eve teasing is witnessed by every single woman who steps out of the house for any kind of work it has been also noticed that male dominance or masculinity has the dominance over the women since prehistoric period and the same is witnessed nowadays too, the girls or the women are abused, physically, verbally, mentally and emotionally and so on sometimes it becomes so harsh that the government has to make certain guidelines for the safety of the modesty of the women, let's see the most famous guidelines by the government of India that are known as the Vishaka Guidelines also known as India very first sexual harassment law:-
In the landmark case of the Vishaka vs State of Rajasthan, the Apex court demonstrated the acts that amount to sexual harassment and these are:-
Any unconsented or unnatural sexually determined behaviour either direct or indirect.
Any unusual physical contact
Request or demand for the sexual favour
Any such verbal, physical or non-verbal behaviour that leads to sexual harassment
The Punishment of Eve Teasing in India?
The concept of eve teasing is not defined under the Indian Penal Code but the meaning is given under different provisions of the Indian Penal Code:-
Eve teasing under the Code of Criminal Procedure?
In eve teasing the police has the power to arrest the accused without a warrant and can start the investigation without the permission of the court
The people can complain before the police and get their complaint registered and if the police refuse to register the complaint the person has the authority to lodge a private complaint before the magistrate under section 200 of the CRPC along with 156(3) application.
Under section 468(2)(c) of CrPC, one has the period of three years to file an FIR starting from the date of the event
Eve Teasing under Indian Penal Code?
Under section 294 IPC in this kind of offence, the girls are being protected from the men who disturb them by their act which is obscene in nature
Under section 354 IPC this section deals with the offence that we know as the offence of molestation, this offence is known as when any act of the person is such obscene in nature that it outrages the modesty of the woman and this also may cause physical harm to the women, this type of offence is categorised under the non-bailable offence
Section 354A of the Indian Penal Code:- a man who displays pornography content to a woman against the will of the women
Demand any kind of sexual favours, then this amounts to sexual harassment
There are more such offences that are being mentioned in the Indian Penal Code for the offence of sexual harassment such as stalking, voyeurism
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What If I Sold My Car To A Criminal?
It is crucial to obtain the Registration Certificate (RC) and Insurance Policy changed in the name of the buyer when you sell your motor vehicle, whether it is a car, two-wheeler, or even a big vehicle. Without doing so, regardless of how many times the vehicle has changed hands, the owner as defined by the RC bears the danger of being held accountable if the car is involved in an accident or is utilized in any criminal activity.
Due to the fact that each sale is unique, the list of factors below is not all-inclusive. But these are the most important things to know in order to be ready for most, if not all, of the possibilities. Make careful you review the rules and laws that apply in your state.
Examine callers carefully: You can use a chat to interview prospective customers and find out things like their wants and whether they have finance arranged. Asking inquiries can allow you to determine how serious customers are about your vehicle.
When someone offers to buy your car off the lot without seeing it, exercise carefully. It's ideal to sell to a local customer who you can meet in person. More car buyers will need to push their comfort zones, though. We advise informing potential buyers that you only accept cashier's checks and not out-of-state checks. If the buyer secures financing, some banks can request to examine the car.
Make sure your insurance policy covers other motorists, and indicate over the phone that you'll need to see the prospective buyer's driver's license before handing over your keys in order to protect yourself.
Use caution when taking the test drive: Choose a secure, central meet-up site in a busy area, ideally close to a laid-back test drive route, if the caller sounds trustworthy, eager to buy, and wants to schedule a test drive. Always make a plan and invite a buddy or member of your family along for the voyage. Meet potential customers in the daytime in a public place (such as the parking lot of a mall or near their bank). In a busy area where people can see you, park the automobile. Plan a brief test drive that stays in crowded areas. Most customers don't anticipate a lengthy test drive. Allow your customer to ask you for additional time if they need it.
Achieve a Secure Transaction: If the buyer appears committed to purchasing the car, they will probably want to haggle over the price. Ideally, you've already explored payment methods. Once a price has been agreed upon, you have the choice of seeing the customer at their bank or credit union to finalize the transaction or using a touchless payment option. Refuse any unexpected requirements, such as taking the potential buyer somewhere else, when you decide to sell your automobile yourself. Such a request is sometimes expressed in terms of securing funds or setting up a loan in order to finalize the deal. Tell the buyer to make their own plans and to put down a deposit instead. When you're ready to close the sale, you might ask the person to contact you.
Keep a Paper Trail: When selling an automobile, keeping a paper trail is crucial. The paperwork is taken care of for you at a dealership. You must see to it that the transfer is handled legally when you sell a car to an individual. It can prevent problems later on by completing the legwork upfront. While each state has its own requirements for legitimate title transfers, the majority of them call for paperwork to be completed by both the buyer and the seller to guarantee the transfer's legality.
Finalizing the title transfer: Find out your state's regulations on title transfers. The seller must transfer the vehicle's title to the buyer in several states. The purchaser must next finish the following: Register the vehicle and pay the associated costs, such as state taxes. In most places, before transferring ownership, the seller must give the buyer proof of a recent car smog test confirming it passed or a state inspection certificate. At the time of the sale, make sure you have these documents on hand.
If you have sold your car to a criminal by mistake then after the transfer of ownership, you are no longer responsible for the car. You don't need to worry about whether or not the transfer process is complete. You won't be in trouble because you've already transferred your paperwork to another city's RTO.
But it is beneficial to consult a lawyer. If the person lives in Gurgaon then a Criminal Lawyer in Gurgaon can be consulted. Likewise, a Criminal Lawyer in Noida can also be consulted if the person lives in Noida. Moreover, a Criminal Lawyer in Ghaziabad can also be consulted.
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Is Destroying Public Property Is Criminal Offence
According to Section 425 of the Indian Penal Code of 1860, mischief is defined as any act that is committed with the intent to cause or is aware that the act is likely to cause some damage or destruction to any property by destroying or diminishing its value as well as its utility by causing a disproportionate loss to the public or harm to any individual.
In simple words, it can be said that mischief is committed when a person knows they are about to do something or wants to do something that will make it difficult for someone else to benefit from their property in some way which can cause irreparable loss to any public as well as private property.
Essential Ingredients of Section 425 of the Indian Penal Code
Intentionally Causing Wrongful Damage or Loss- The most crucial component of any conduct that constitutes mischief is Mens Rea. The accused must know or intend to harm someone or cause disproportionate property damage. Mischief can be defined as any action that is done with the aim to harm or cause unjustified loss.
Unjustified Loss or Damage- When engaging in mischief, the crucial aspect should be focused on inflicting "destruction to the property," "damage," or "wrongful loss" to the general public or any particular person, as these actions will serve as the mischief's Actus Reus. The accuser may have the purpose of wrongfully harming or losing someone.
Causing any Change or Destroying any Property- It is crucial that harm is inflicted in some way, and the damage must result directly from the accused crime. Another way to make mischief is to destroy or change any property.
Destroys or Damages the Value, etc.- Mischief is when something is intentionally damaged, such as when an exam paper is leaked or when crucial files and folders are purposefully lost when needed. The owner of the object, not the accused, shall determine the object's utility.
Scope of Section 425 of the Indian Penal Code
Under Section 425 of the Indian Penal Code mischief is defined as any act which results in wrongful loss or damage to property. This section covers both private and public damages and has a wide range of applications.
The most crucial aspect, however, is that it won't apply if the ingredient of Mens Rea is missing. Furthermore, it is not necessary that the accused had a good reason for the "mischief" or should have benefited from it.
Role of Lawyers in the case of Mischief
They Help in Presenting Exculpatory Evidence- If prosecutors don't think you committed the alleged crime, they can't press charges. A prosecution must establish your guilt beyond a reasonable doubt in order to secure a conviction. Therefore, it is the role of the lawyer to present the right proof and evidence in court to dismiss the charges against you.
They Help to Show that the Fundamental Rights are Violated- If your lawyer sees that your fundamental rights are violated and communicate with the court, a judge may order the prosecution to pay a fine. Usually, a court punishes the prosecution by eliminating certain facts or witnesses from the case. If its evidence is lost, a prosecutor may decide to drop the charges.
They File Motions- Additionally, your lawyer may submit a request asking the court to drop the charges. Most judges give the prosecution the benefit of the doubt and infrequently drop charges by themselves. However, under the correct situation, a prosecutor could provide evidence that is so deficient that a court would be forced to drop the charges.
They Protect against Heavy Penalties- A lawyer acts as a defense against aggressive prosecutors. They assist in establishing your case and avoiding harsh penalties.
You will need a knowledgeable Criminal lawyer who can assist you in establishing a legal defense to refute a mischief accusation. If a criminal case under Section 425 is filed against you in Kolkata, then a Criminal Lawyer in Kolkata can be appointed. If a criminal case under Section 425 is filed against you in Bangalore, then a Criminal Lawyer in Bangalore can be hired. Likewise, a Criminal Lawyers in Delhi can be assigned if a criminal case under Section 425 is filed against you in Delhi.
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What Is The Role Of Lawyer In Criminal Cases?
A criminal defense attorney must be retained by a person who is facing criminal charges to assist them. As they represent and defend their client in court, this attorney will be working on their behalf. In order to prevent innocent persons from being wrongly imprisoned or punished for crimes that they did not commit, criminal attorneys are essential.
Experts in criminal law and criminal court proceedings are criminal defense attorneys. To better understand the laws regulating criminal allegations, the techniques used to obtain evidence, and how to successfully defend a person, they have undertaken rigorous training, education, and experience against their charges in court.
They make use of this information to protect the interests of their clients by contesting the validity of the evidence or, if possible, filing reduced charges. They also aid those who have been accused of crimes in evaluating their guilt and the best course of action moving forward.
In order to make sure that all the facts are understood, any legal defenses are correctly presented in court, and any potential evidence is gathered, a reputable criminal justice attorney frequently works closely with persons who have been charged with a crime and their family members.
Since they would be paid by the court after the trial if they win, they frequently take on a client's case for little to no advance payment. They act in this way because they believe that everyone has a right to a trial and that their time, ability, and experience are more valuable than money.
Role of a lawyer in criminal cases:
Pursue Justice: A lawyer needs to be thoroughly familiar with the criminal justice system and the laws related to the offense. Candidates must meet a variety of educational requirements before they can enroll in a legal program at an approved institution, graduate with a law degree, and pass the state and federal bar exams. They continue their legal education for years after graduating from law school, frequently learning from professors who have extensive experience in both criminal law and the courtroom advocacy process.
Help obtains and evaluates evidence: Defense lawyers will spend many more years studying and learning about criminal law as it is practiced in their state after receiving their legal licenses. Additionally, they occasionally take continuing legal education classes to stay up to date on any changes to the law. Last but not least, this calls for extra hands-on training through court cases, where they will be presiding over trials while being supervised by a seasoned criminal lawyer. This aids in their familiarization with appropriate practices and courtroom decorum.
Ensure client is aware of their rights: To effectively protect the rights of their clients, the criminal defense attorney must be knowledgeable of both state and federal laws. Additionally, they must have a thorough awareness of how the prosecution will use the evidence against their client. It can be difficult to navigate the criminal court system, which is where lawyers come in. They make sure that those who are accused of committing a crime go through the entirely legal system.
Talk to the prosecutor about dropping or reducing charges: When a criminal matter proceeds to trial, it is frequently up to the attorney to negotiate a charge reduction or charge dismissal with the prosecutor. They will collaborate with the prosecution and judge to assess the gravity of the offense, the contribution of their client, and the strength of the evidence against them. Talking about their client's willingness to enter a guilty plea in exchange for less punishment can occasionally fall under this category. Then, in an effort to achieve this, the attorney will make contact with the court. They could be able to convince the judge that their client is innocent and beg them to release them from custody so they won't have a criminal record.
Criminal law is a very intricate and laborious field. It is strongly advised that people get the best attorney possible for criminal situations. If the criminal case is going on in Hyderabad then Criminal Lawyers in Hyderabad can be appointed. If the case is going on in Kolkata then Criminal Lawyers in Kolkata can be appointed.
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Is It Important To Hire Criminal Lawyer After Accident By Mistake
An accident attorney aids victims in establishing personal injury cases and pursuing damages from negligent drivers. Crashes can result in serious injuries that may take years to heal, and usually the victims never fully recover.
If you have not suffered any harm, there is no requirement for you to retain legal counsel. However, you will incur financial losses if you are hurt or if your property is damaged. Financial losses are never pleasant, but when they are the result of another person's carelessness, they become even more unpleasant. You are entitled to insurance funds for your care and property damage repairs. However, since insurance companies are always eager to make a profit, they will take every measure necessary to reject your claim.
If your claim is large, insurance companies will fight more aggressively. When you ask for money from the insurer of the party who was at blame despite the fact that the accident was not your fault, things become more difficult. As that person is unlikely to accept responsibility for their actions, you will need to provide evidence of their fault.
Reasons to hire a criminal lawyer after an accident:
Educates You Regarding Your Rights: The majority of people are not familiar with personal injury laws that pertain to auto accidents. Therefore, it is entirely understandable if you are unclear of all of your legal rights in the event of an accident. You shouldn't be required to pay for the accident's damages if you weren't at fault for it. The statutes that are pertinent to your case can be reviewed by your attorney. They will assist you in comprehending your legal rights and potential defense tactics. Insurance companies have a knack for making you feel as though you have little control over the outcome of your case. But you probably have more influence than you think.
Enhanced insurance company management: After an accident, dealing with an insurance company can be difficult since they have so many tactics at their disposal to muddle cases and drag out payments. Additionally, negotiating with your insurers without the support of a lawyer frequently yields poor and unfair settlements. Keep in mind that insurance firms are probably more focused on increasing their profits than providing you with just reimbursement.
Assist in establishing liability: Hiring a lawyer will assist your auto accident case success by removing the main barrier to proving liability and demonstrating your legitimate entitlement to compensation. These experts will go to any measures to acquire proof that there was a violation of the duty of care and that the accident caused your losses and injuries.
Provide you with advice regarding the appropriate course of action: After an accident, there are numerous things to worry about, and with rapidly rising medical costs, it is simple to get frantic. When you need advice, a personal injury attorney will be there to provide it. This will prevent you from making poor choices when your future is on the line.
Fair representation: There is no doubt that the insurance company you will be battling will be well-represented in court. You won't be able to compete with their legal defense. You won't have to waste time doing things you don't know how to do if you hire a lawyer. The attorney will handle all of your work.
Faster Settlement: Employing an accident lawyer not only improves your chances of succeeding in your personal injury claim, but it also speeds up the settlement process. A drawn-out settlement process can be annoying if you need money right now.
If necessary, file a lawsuit: Not all settlement discussions go as planned, and if your lawyer thinks the insurance company's offer is too low, they will gladly launch a lawsuit on your behalf. As the attorney will present all relevant evidence and provide you with the greatest counsel in court, this gives you a level playing field and raises your chances of receiving justice.
Even if your automobile accident was small, a lawyer for accidents can aid by defending you against any legal arguments the at-fault party may make to minimize their liability by blaming the event on you. A lawyer is also knowledgeable about the experts to consult and the supporting evidence to compile for your case.
It is advisable to hire an advocate after an accident. If the accident has occurred in Faridabad then a Criminal Lawyer In Faridabad can be hired. Likewise, a Criminal Lawyer In Gurgaon can be appointed if the accident has occurred in Gurgaon.
You can even contact Lead India. We have experienced lawyers who can help you in dealing with the case after an accident. Here, you can Ask A Legal Question. You can talk to a lawyer and can even seek free legal advice online.
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Blackmailing Own Parents Is A Criminal Offence?
Blackmailing is when a person threatens the other person while setting up a situation in which the person being blackmailed is forced to do a specific action under pressure. But when we talk about the bond between parents and their children, emotional blackmail is incredibly hurtful. Here we will discuss whether blackmailing own parents is a criminal offense or not.
Laws Governing Blackmail
Blackmail is not exactly a criminal offense but it can be construed as a criminal offense under IPC if it falls under the essential elements of the provided provisions. There is no specific provision for blackmail under the Indian Penal Code of 1860 which protects parents against blackmail. But the Indian Penal Code lays down certain provisions which are similar to blackmail. They are:-
Section 383 of IPC- Extortion occurs when, by using force and threats, one person tries to obtain something dishonestly from the other, especially money. For example- ‘A’ (Son), putting ‘Z’ (Parents) in fear of grievous hurt, made a ‘Z’ sign and affixed his seal to a blank paper. In this case, the signed document could become a valuable security. ‘A’ has committed extortion.
It is punishable under Section 384 of IPC with imprisonment for up to 3 years, a fine, or both.
Section 503 of IPC- Criminal Intimidation occurs when one person threatens the other to injure or harm his reputation or threatens the person in whom the person is interested. For example- ‘A’ (Daughter), to induce ‘B’ to desist from prosecuting a civil suit, threatens to burn ‘B’ (Parents) house.
It is punishable under Section 506 of IPC with imprisonment for up to 2 years, a fine, or both.
Section 66D of IT Act- This covers crimes committed online or otherwise by the use of a computer, in which the offender assumes a false identity with the malicious aim to deceive another person.
It is punishable with imprisonment for up to 3 years and shall be liable to a fine of up to 1 lakh rupees.
Blackmail and Extortion: Difference
Blackmail and extortion are both forms of extortion. Despite their differences, extortion, and blackmail both have the same basic principles. But the fundamental difference between extortion and blackmail is that-
Blackmail involves the threat of disclosing sensitive or damaging information,
Whereas extortion involves the fear of bodily injury or property damage.
Essential Elements of Extortion (Section 383 IPC)
If there is a transfer of property by the owner to the extortionist,
If the extortionist should have a bona fide motive to keep the person in fear of harm or injury.
Obtaining delivery of the property with a dishonest intent
Essential Elements of Criminal Intimidation (Section 503 of IPC)
Intention
Threat aimed to alarm the victim
The risk of fear or injury to the victim
Blackmail can be in the form of offline as well as online modes. In a shocking incident in India, a young child from Ghaziabad, age 11, utilized YouTube to master hacking techniques. The child demanded Rs. 10 crores as ransom and threatened to extort his father. He threatened to disclose private photos and family secrets online if the money was not delivered to him. He was then charged under Section 503 of IPC and Section 66D of the IT Act.
Steps for Filing a Blackmail Complaint against Children
Registering an FIR- The parent's first and foremost step should be registering an FIR at the nearest police station against their children. The next step is to send a legal notice of the same through their Lawyers in Gurgaon to their children.
Legal Advice from Expert Lawyers- We also suggest that parents facing such blackmail from their children must take advice from any Criminal Lawyer in Gurgaon who would help and guide them in a better way to deal with this situation. Such parents can also ask any Criminal lawyer for free legal assistance or free legal questions regarding their current conditions to deal with their warm-hearted children.
You can talk to a lawyer through Lead India Law. Lead India Law provides access to free legal advice by providing you with the opportunity to Ask Free Legal Question.
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WHAT IS THE ALTERNATIVE OF DEATH PENALTY?
Capital punishment is the killing of a person as a punishment for committing a particular offence, after proper trial by the court of law. It is usually given for serious offences such as murder, mutiny, etc. a death penalty may be administered by a lethal injection, electrocution, shooting, and decapitation of the head, however, almost all the countries now prefer death by hanging.
Reasons for the alternatives to the death penalty-
In the case of Bachan Singh v State of Punjab (1980), it was held by the Supreme Court that taking a life through the administration of law is a huge concern for the dignity of human life.
Death penalty should be abolished for the following reasons based on the factors mentioned by the Project 39A-
Crime-centric focus
Inordinately long duration
Discrimination with the weaker sections of the society
Punishment from older times
Alternatives to capital punishment-
"No human being should be considered beyond improvement and, as a result, should always have the possibility of being released"- Dirk Van Zyl Smit
The main reason to opt for an alternative to the death penalty is the penalty to reform. Often offenders, who are not hard core criminals or history sheeters, repent after committing the crime. It may not be advisable to completely ignore the possibility of an alternative to the death penalty-
Life Imprisonment- one of the most effective alternative to the death penalty is life imprisonment. It means the imprisonment of the wrongdoer till his natural death, without any possibility of release.
However, life imprisonment is not necessarily a sure shot of the death penalty, specifically in the case of non-voilent crimes which does not satisfy the principle of proportionality.
Long-term Imprisonment- another option other than the life imprisonment is the long term sentence for a fixed number of years as is followed in the country of Croatia, after the fixed number of years have passed, the prisoner could be released with or without restrictions such as reporting to the police at regular intervals.
For an indeterminate term of imprisonment- another alternative to the death penalty could be sending the offender to imprisonment until they are considered safe to be released. Thus, it involves the discretion of the authorities, which may lead to negative consequences.
Prolonged detention without any hope of being released may result in de-socialisation, an identity crisis or other psychological defects such as depression or suicidal tendencies.
Release with few restrictions-in case offender is released, he could also be subjected to supervision for a limited period of time or for lifelong period, failing to comply by which, he could again be subjected to life imprisonment
Preventive Detention: It means detaining a person from committing a crime. Norway provides for an imprisonment for a period of 21 years, however the sentence could be extended in case the authorities have reason to believe that the offender could commit a crime and is a high risk to the public peace.
Conclusion
It could be inferred from the above discussion that the reason behind finding an alternative to the death penalty is to improve the working of the criminal justice system. The focus of the judicial system should be on reforming the offender. It should be the focus of the authorities on identifying the underlying causes to commit a crime.
In case you are facing legal issues related to criminal law or civil law, Lead India offers you a team of experienced Criminal Lawyers In Kolkata or Lawyers In Hyderabad, who have been successfully handling cases related to above mentioned issues, in case you wish to Ask A Legal Question, you may contact us.
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WHAT IF I SOLD MY CAR TO A CRIMINAL WITHOUT MY KNOWLEDGE?
With the increase in the income of the people and continuous introduction of new versions of cars, it is common for people to sell their old car and buy new ones. If you are trying to sell your old car it is important to assure that you shall not be liable for it in any way after you have sold it. As the car which was previously in your name would be driven by someone else and proper precautions are not taken,you may be affected by it. Thus, it is important to ensure that you do not have any legal responsibility towards the car after you have sold it. In case your previous vehicle has been found to be involved in any illegal activity, it is important to immediately contact an experienced Criminal Lawyer In Gurgaon, so as to understand the proper legal procedure which you have to follow to ensure your safety.
What to do if the car has been found to be involved in some illegal activity?
If the car sold was legally transferred to the name of the buyer and all required documentary proof are up to date, which could prove that the car has been sold to the buyer, in such a situation even if any criminal activity took place with the help of the car, you will not be held responsible or liable for it. To understand
To properly or to have detailed information on the legal provisions involved in such a case, it is advised to seek the legal opinion of an experienced Criminal Lawyer In Noida or a Criminal Lawyer In Ghaziabad or your own city.
Important documents required to sell a car-
Papers should be signed after receiving full payment- where use documents are required to be signed during the sale of a car, thus it is important to sign the papers after you have received the payment in full.
Ask for ID proof and address, proof of the buyer- this could be a copy of his passport, driver licence or any other document.
Necessary documents as well as the duplicate of them is required to be given to the buyer- documents such as and OC, notice of transfer of cars owner, report of the transfer of vehicle ownership, original registration certificate, any document from the RTO related to the tax, insurance policy if it is included in the deal, or any other such document.
Other than the documents mentioned above, some other documents of the car are required to be kept by the original owner with him, these may include the original car invoice, the copy of the vehicle's RTO tax papers, registration, Insurance policy,etc.
After the sale of the car
For your own security and safety some additional work is required to be done after you have sold your car-
Informing the RTO- as per the provision of the law, you will be held accountable for any unwanted accident or illegal activity which took place with the help of your car as long as it has been registered in your name. Therefore, it is important to inform the RTO after the sale of your car. Within a period of 14 days, the copy of all the relevant documents should be sent, which are in your position through a registered post. After the delivery has been acknowledged, you will be indemnified of all the liabilities associated with the car you have sold.
Informing the insurance company- it is necessary to inform the insurance company of the change in the title of the ownership, especially if the insurance was included in the transfer of ownership.
To take the updated RC from the buyer- it is important to ask the buyer for the updated RC as it is important to keep the updated RC with other documents of the car.
Conclusion
It is the seller's responsibility to follow through the proper procedure after the sale of his car, so as to ensure that he has no liability after the car has been sold. In case you are facing a similar situation where your old car is involved in some illegal activity, you may contact us at Lead India, as we offer experienced advocates who have years long experience in dealing with the same.
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