SECTION 144, CRPC

Under the Criminal Procedure Code (hereinafter the Code) wide powers have been conferred on an Executive Magistrate to deal with emergent situations. One such provision deals with the Magistrates powers to impose restrictions on the personal liberties of individuals, whether in a specific locality or in a town itself, where the situation has the potential…

Prisoners’ rights in India

The law governing prisoners’ rights has evolved throughout time. There is no comprehensive legislation that addresses prisoners’ rights and governs their behaviour while incarcerated. The country’s judiciary, on the other hand, has repeatedly accorded proper recognition to the criminals and their fundamental rights. In the absence of comprehensive law, it has succeeded in establishing precedents…

FALSE IMPRISONMENT

What is false imprisonment? False imprisonment or unlawful imprisonment is a total restrained for some period. It occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person’s permission. For example, when a person is restrained, by threat of force, from leaving his own house, there…

THEORIES OF PUNISHMENT

Introduction For the longest time period punishment was looked at as something which was aimed at inflicting maximum punishment on the wrongdoer and hence methods such as stoning, impaling, shooting using a cannon, crushing etc was used. As the human race civilized, it was observed that the intention behind punishment has moved from simply delivering…

Section 375 IPC

SECTION 375 IPC Section 375 of the IPC defines that- A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions- (First) — Against her will. (Secondly) —Without her consent. (Thirdly) — With her consent, when…