THEORIES OF PUNISHMENT UNDER IPC

Punishment is primarily used as a method of protecting society by reducing the occurrence of criminal behavior. The object of protecting the society is sought to be achieved by deterrence, prevention, retribution and reformation. Of these, deterrence is usually regarded as the main function of the punishment others being merely secondary. The theories of punishment…

Custodial Death

Article 21 of the Constitutional provides with protection of life and personal liberty- “No person shall deprived of his life or personal liberty except according to procedure established by law”. For custodial death, a Writ Petition can be filed before the High Court. The court can award compensation to the victim’s family. Custodial death has…

SECTION 124A OF THE IPC- A TOOL OF APPROBATION AND CRITICISM, OR “ RAPE OF THE WORD ‘LAW’ ”? PART 2

The arguments for retaining Section 124A of the IPC are that they are essential in combatting anti-national, secessionist and terrorist elements.[1] However, to counter this argument, it has been put forth rightly that the government is using Section 124A to its advantage in order to silence all forms of criticism and political dissent, thereby protecting itself…

SECTION 124A OF THE IPC- A TOOL OF APPROBATION AND CRITICISM, OR “ RAPE OF THE WORD ‘LAW’ ”? PART 1

One of the most important Fundamental Rights guaranteed by the Indian Constitution is the Freedom of Speech and Expression, which offers both- protection from encroachment by the State, as well as judicial remedies against administrative containment of these rights.[1] Arguably, Section 124A of the Indian Penal Code which deals with Sedition, is one oppressive and…

ALL ABOUT F.I.R

The first information report is not defined in the code. However, under section 154 of the Code, it provides for the manner in which such information is to be recorded. Under section 154(1), the information is to be given to an officer-in-charge of a police station having jurisdiction so that it is easy for them…