The article written by Ms Alka Bano is a legal practitioner in the Central Bar Association of Varanasi. I had completed my graduation in B.COM LL.B from Mahatma Gandhi Kasi Vidyapith and LL.M from National Law University, Jodhpur.
Ancient Crimes
The majority of early Indian political theorists celebrated warfare, and rulers showcased their dominance through their military prowess. War between kings played a crucial role in shaping the legendary customs of ancient India, and it is vividly depicted in the literature.
The rulers or kings of that ancient era documented their perspectives on the essence of human agony caused by warfare.
According to the The Dharmasutras serve as a guide for ethical behaviour. They cover the extensive connection between individuals and the state, obligations of different social classes and stages of life, societal norms, and typical daily practices. This era marks the genesis of both civil and criminal legislation.
The Dharmasutras categorise civil law as encompassing matters like taxation, inheritance, and women’s status, while criminal law pertains to offences such as assault, theft, and adultery.
Manusmriti has categorised criminal jurisprudence into 18 designations. He has recognised assault, battery, theft, robbery, false evidence, libel, slander, criminal breach of trust, adultery, gambling and homicides as illicit activities. These are the key transgressions against individuals and assets that hold a significant position in the Indian Penal Code. The king used to either deliver justice personally or with the aid of his advisors, or designate magistrates and evaluators for the execution of penal justice.
During the British rule in India, Manusmriti was utilised as a benchmark to resolve conflicts among Hindus pertaining to issues related to inheritance, familial disagreements, matrimonial disputes and royal ascension. It also included a clause for exemption from penal responsibility in instances where the act was committed unintentionally, due to an erroneous belief, with consent or as a result of an accident, as outlined in Chapter 4 of the IPC.
Medieval Crime:
Most of the crimes committed during the medieval era were carried out by the impoverished population. However, there are historical accounts of nobles and knights being executed for theft or robbery
The offence of rape was not considered significant during this time due to the unequal rights of men and women.
Marrying a relative was prohibited by the church and therefore deemed a criminal act.
Kings and high-ranking nobles were rarely punished for their wrongdoings. They were able to escape consequences for committing crimes such as rape and abuse.
Kings were even granted the privilege of choosing their place of stay and engaging in sexual relations with any woman they desired, as they were believed to be appointed by god.
Modern crime:
Offences are certain events we encounter or events that occur such as stealing or robbing a bank, or burglary and certain other occurrences. However, these are not the only types of offences as in the modern era, there is another type that has emerged in the 21st century, which is the rise of cyber offences, digital rape.
Most of the time, we only become aware of physical crimes and take safety measures against them, neglecting virtual offences. Now their quantities are increasing with increasing different kinds of new crime.Immoral crime which are shocking and disturbing public as whole like father rapes his own daughter,human cannibalism, accused chopping body of his wife or partner or anyother and store in freeze or cooked and fed to the dogs.
In ancient and mediaeval period parents,relatives,partners and friends were the saviour but now they also became devils for their any relations.
Moral values in societies are diminishing certain crimes committed by their own blood relations, relatives or if any are committing become problematic to the lawmaker to detect or review.
- Cyber crime:
With the advancement of technology, the prevalence of cybercrimes has been on the rise. While certain types of crimes can be detected through police investigation, some remain elusive. This is due to the fact that the internet protocols (IP) often show different addresses, making it difficult for law enforcement to apprehend the perpetrators. The following are some of the cybercrimes that have emerged in this digital age:
- Phishing
- Misuse of personal information
- Hacking
- Spreading hate and terrorism
- Distribution of Child pornography
- Grooming; making sexual advances to minors
- Cyberstalking
- Many more
- Digital Rape:
In current scenario digital rape become one of the aggressive crime. It does not fall under the category of cyber crime.In cases of digital rape, the offender employs one or more fingers to intrude upon and coerce the victim into sexual activity. To put it simply, an individual can be charged with digital molestation if they use their finger or fingers to penetrate the victim’s vagina without their consent.
The incident took place in Mumbai when a 2-year-old was admitted to a hospital with vaginal bleeding. Upon examination, doctors found that her vagina had been ruptured, yet there was no evidence of sexual assault or rape. It was later discovered that the girl’s father had been digitally molesting her. He was arrested and charged under Section 376 of the Indian Penal Code.
The Criminal Amendment Act of 2013 highlighted several flaws in Section 376 of the Indian Penal Code, which pertains to the punishment for rape offences. Prior to this, digital rape, which involves violating a woman’s dignity using fingers, foreign objects, or any other body part, was not considered a crime under any section of the IPC. However, the Supreme Court had to revise its definition of rape in the Indian Penal Code. In light of these circumstances and heinous crimes, the definition of rape was expanded in 2013. According to this new definition, rape is now defined as “forceful penetration of a woman’s vagina, mouth, anus, or urethra by a penis, foreign object, or any other part of the body.”
- Human cannibalism
If any person eats another person’s body’s flesh or parts either by consent or without consent for magic or religious purpose or any illegal purpose are termed as cannibalism. India doesn’t have any specific law but offence punishable under section 297 and 302 of Indian Penal Code. Truly said by ancestors that such a Kalyug will come, humans will eat humans.
- Dismemberment:
Dismemberment is a kind of cannibalism in which any person cutting a body’s parts or limb or any thing of another person either he is living or dead. It has become a recent criminal incident in metropolitan cities Delhi and mumbai.
Incident in brief:
It has become apparent that Manoj Sane had a history of violence and had even physically abused Vaidya in the past under the Saraswati Vaidya murder case.
The Saraswati Vaidya murder case in Mira Road has attracted extensive national coverage, evoking comparisons to the notorious Shraddha Walker murder case in Delhi. In this bone-chilling occurrence, Saraswati Vaidya, who cohabited with Manoj Sane, was savagely murdered and dismembered.
What is even more appalling is that Sane boiled some of her body parts in a pressure cooker to eliminate any proof. As the authorities delve into the inquiry, it has come to light that Sane had a track record of aggression and had even physically assaulted Vaidya previously.
Conclusion:
From Ancient times till today so many changes have been done in criminal jurisprudence. The upgrading of technology increases cyber crimes or crimes related to any Information Technology. In the current scenario psychopath criminality is also increasing without restricting any bars. Now somehow there is no pure and compassionate feeling left in the society.I think it’s time for lawmakers and all legal professionals to buckle up his shoe laces to bring changes, amend and insert new criminal sections and increase punishment in penal laws.
REFERENCES:
- The Indian Law,Criminal law development in Ancient India, https://theindianlaw.in/criminal-law-development-in-ancient-india/ (last updated on May 28,2023).
- Adv. Akarsh Sharma,Development of Modern Criminal Law in India,https://thelawcommunicants.com/development-of-modern-criminal-law-in-india,/(last updated on May 28,2023).
- Donna Kimbap,Medieval Crime & Punishment -How were Criminals Tortured, https://about-history.com/medieval-crime-punishment/(last updated on May 28,2023).
- Khushi Bisht,Human Cannibalism still practise in India,https://www.newsgram.com/general/2021/04/11/human-cannibalism-is-still-practiced-in-india,/(last updated on june 2,2023).
- Adv. Akarsh Sharma,Development of Modern Criminal Law in India,https://thelawcommunicants.com/development-of-modern-criminal-law-in-india/, (last updated on May 28,2023).
- Nidhi Mathur, Lawyered,
https://www.lawyered.in/legal-disrupt/articles/unraveling-digital-rape/(last updated on May 28,2023).