Everything You Need to Know About Criminal Law In India

Criminal law in India

In India, crime is an offense against the State. The law has given a massive status to crimes, so much so that punishments could range from fine to the death penalty. Crime is against the welfare of society, and therefore, there are many legislations against the same in our country. The prominent ones include the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. Besides these significant acts, there are acts such as the Dowry Prohibition Act, 1961, the Juvenile Justice Act, 2000, the Indecent Representation of Women (Prohibition) Act, 1986, the Narcotics drugs and psychotropic substances Act, 1985, etc.

The Three main legislations

The Indian Penal Code (IPC)

The Indian Penal Code is the official criminal code of India, which was drafted way back in 1860. It’s objective is to provide a general penal law for the country. It has 511 sections across 23 chapters, containing the list of crimes along with their definitions and punishments. The IPC has been amended several times and is now supplemented by other Acts. Its jurisdiction extends to the whole of India except the State of Jammu and Kashmir.

The Code of Criminal Procedure (CrPC)

The Code of Criminal Procedure is the primary legislation on the procedure for the regulation of criminal law in India. The CrPC details the procedure for the investigation of the crime, presenting criminals before the court of law, collection of evidence, determination of guilt or innocence of the accused, imposition of penalties or punishments, etc. It further lays down the hierarchy of the courts competent to try criminal lawsuits. In descending order it is the High Court at the top followed by Sessions Court, First Class Judicial Magistrate, Second Class Judicial Magistrate and Executive Magistrate. There is a limit affixed for sentences which these courts can pass against the accused. The Supreme Court is the apex court, and it has the ultimate power. The code was enacted in 1973. At present, the CrPC contains 484 sections cut across 37 chapters. It also has two schedules and 56 forms.

The Indian Evidence Act

The Indian Evidence Act, 1872 contains a set of rules and allied issues which governs the admissibility of evidence in the law courts of India. It comprises 167 sections cut across 11 chapters. Types of evidence mentioned under the Indian Evidence Act, 1872 includes – Oral evidence, documentary evidence, primary evidence, secondary evidence, real evidence, hearsay evidence, judicial evidence, non-judicial evidence, direct evidence, and indirect evidence or circumstantial evidence.

Some other criminal legislation

Dowry Prohibition Act, 1961

The Dowry Prohibition Act was enacted in the year 1961 with the main motive to criminalize the practice of dowry in India. It consolidated the anti-dowry laws which had been passed in certain states of India. If any person gives or takes or abets dowry, then according to Section 3 of the Act he is liable for imprisonment for a minimum period of 5 years and fine of more than INR 15,000 or the value of the dowry received, whichever is higher. The Act also provides for penalty for directly or indirectly demanding dowry which involves a prison term of 6 months or more which is extendable up to 2 years along with a fine of INR 10,000.

Juvenile Justice (Care and Protection) Act, 2015

This Act allows for juveniles within the age bracket of 16-18 who are in conflict with the law and are involved in heinous offenses, to be tried as adults, i.e. above the age of 18. The Act was enforced on 15 January 2016. The Act has put in place a Juvenile Justice Board, which includes psychologists and sociologists, to decide if a juvenile within the age bracket of 16 to 18 should be tried as an adult or not. The Act also aims to make the adoption process of the orphaned, abandoned and surrendered children more smooth. The Act introduced the foster care and Judicial Waiver System in India.

Narcotics drugs and psychotropic substances Act, 1986

Also, referred to as the NDPS Act, this Act came into being on 14 November 1985 and has been amended thrice till date. Until 1985, India had no legislation regarding narcotics. This Act attempts to prohibit production, manufacture, cultivation, possession, selling, purchasing transporting, storing and/or consumption of any narcotic or psychotropic substance in India.

Indecent Representation of Women (Prohibition) Act, 1986

The Act was enacted to prohibit indecent representation of women through ads, publications, writings, paintings, figures or any other such manner.

CONCLUSION

India has a very sophisticated criminal legal framework. It has innumerable legislations covering various crimes and their punishments. It also lists down how the cases must be dealt with, provisions on investigation and evidence can also be found. Besides, the case laws or judicial precedents also play a significant role when judges pronounce the judgment. The decision of the Supreme Court is final and binding on all the criminal and civil courts of India. There is a hierarchy among criminal courts as well. A robust criminal law framework is essential to deter the perpetrators from committing crimes and also makes justice easy, feasible and quick.

Hit and Run cases and legal consequences

Introduction To Hit and Run Cases

Hit and Run cases happen when the drivers while driving incur damage to any person’s life, health or property while rash driving and thereafter failing to register their vehicle and driving license with the concerned legal authorities. In layman’s terms, Hit and Run is hitting a person or property while driving and then fleeing. It becomes very hard to identify and punish the culprits because of lack of evidence and witnesses. However, there have been many instances when the law has convicted them.

Statutory Punishment of Hit and Run

Hit and run cases are not specifically punishable under Indian Penal Code (IPC) as such. Though, Sections 279, 304A, and 338 of the IPC are applicable in the Hit and Run Cases. Section 279 defines and punishes Rash Driving. There is a punishment of jail term extending up to 6 months and a thousand rupees fine under this section. Also, Section 304A punishes death by negligence. This section is directly applicable to Hit and Run cases which result in the victim’s death. The punishment under the Section is for up to 2 years. In cases where the victim hasn’t died but is grievously injured, the punishment is given in Section 338.[i]

The Motor Vehicles Act, 1988 is applicable to the cases of Hit and Run too. Section 161 of the Act defines “hit and run” as “an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose”. As can be observed by the official codified definition, a hit and run does not always pertain to murder or grievous hurt, but to accidents at large. Section 161 also provides for compensation to the victims of the hit and run; twenty-five thousand rupees in case of death and twelve thousand and five hundred rupees in case of grievous hurt.

Section 134(a) of the Act requires the driver to secure medical attention to the injured persons immediately. And section 134(b) requires them to give the information about and relevant to the same to a Police officer as soon as possible. Failing these two duties, the driver will be punishable.[ii]

Statistics of Hit and Run cases

More than 20000 people lost their lives in Hit and Run cases in India alone.[iii] Hit-and-run cases accounted for 11.4% of all accidents in 2015, an increase from 10.9% in 2014, according to road transport ministry data. In a survey, they found that about 74% of respondents expressed unwillingness to assist victims of road accidents. According to a study Impediments to Bystander Care in India conducted by SaveLIFE Foundation, advocacy working for road safety, and TNS India, a global marketing research company, on July 2013. The SaveLife-TNS study also points to another study by the Indian Journal of Surgery published in 2006. There, it was found that 80% of road accident victims do not receive any medical care within the first or golden hour after the accident.

Problems in Hit and Run cases

The biggest issue in the cases of Hit and Run is the absence of any direct evidence. Usually, there is no hard evidence to put the culprit at the crime scene. This makes it very difficult for the Police to pursue the investigation. Sometimes due to the speeding vehicles and a lot of rush, even witnesses aren’t able to help with the investigation. Also, the witnesses often don’t want to be entangled in the legal framework. The Police have to rely on indirect pieces of evidence in such cases. The investigation requires very precise and careful monitoring of the crime scene.

The witnesses of the accident are also unwilling and reluctant to help the victims. This causes a lot of loss of life. In 2013, the Apex Court directed the Government to make laws for the protection of the Good Samaritans. However, even after these laws are made, they are available mostly on paper. In some states like Karnataka however, these laws hold much importance.[iv]

Conclusion

Hit and Run cases have come to the knowledge of most of the Indians after the infamous Salman Khan case in 2002. He was accused of driving his car onto the Footpath into a group of homeless people. One of them had died. There have been many high profile cases of Hit and Run over the years. And, many which couldn’t get as much attention.

The usual reason found behind these instances is Rash driving, On-road racing and Drink and drive. The victims, either injured or dead are left to suffer while the culprits run free. Even the compensation given to the victim is too low as termed by the Apex Court. A bill is pending in the Parliament to increase the same from 25000 rupees to 2 lakhs.

[i] Indian Penal Code 1860.

[ii] Motor Vehicles Act 1988.

[iii] Rahul Mohan  Sharma, ‘There were 7 Hit and Run cases every hour in 2015’ (Scroll.in, 5 August 2016) <https://scroll.in/article/813185/there-were-7-hit-and-run-cases-every-hour-in-india-in-2015> acessed 12 January 2019.

[iv] Karnataka Good Samaritan and Medical Professional (Protection and Regulation during Emergency Situations) Act.

Criminal Investigation Department – Powers

Introduction To Criminal Investigation Department

Contrary to popular belief, CID or the Criminal Investigation Department is a real and existing department within the Indian Police forces. However, it is not as dramatic as its media counterpart. The Criminal Investigation Department of a state serves as the intelligence or investigation wing for the respective state police forces. Moreover, It aids the police in dealing with certain types of cases. In short, it is an advanced version of the State Police Department. As said above, intelligence and investigation are two core function of any CID in a state. 

Functions of CID

As codified in Section – 410 of the Jharkhand/Bihar Police Manual; CID has several functions to execute. Such functions are distinct as of the Police Department’s function. Following are the functions of CID:-

Core Activities

• The collection of distribution of information relating to professional cases and classes of crime detailed below:-

1. dacoity;
2. highway, railway or mail robbery;
3. counterfeiting coin or stamps, forging notes, uttering of being in possession of counterfeit coins or stamps or forged notes;
4. drugging of poisoning by professional poisoners;
5. Swindling;
6. action against criminal gangs such as cases, under section 400 and 401, IPC and proceedings under sections 109 and 110, Cr.P.C.
7. professional criminals whose operations extend beyond the limits of a single district;
8. Such crimes about whom Inspector-General gives special orders.

• To control, advise or assists as circumstances require, in inquiries or investigations into crimes mentioned above. Moreover, in serious crimes where local authority seeks the help of CID with the approval of inspector general or Government of the state. Also, CID helps to inquire about the movements of foreign criminals and about such matters in which local police asks for help.
• In cases where crime includes forgery of telegraphic of railway receipts, postal frauds, the movements of foreign criminals and the like, the assistance of the department may be invoked or directed.

Investigating Squads and Offices

• CID sets up Specialized squads for investigation of cases. Officers in every squad investigate the cases connected with squads. The squads shall be of following types:-

1. Cheating and defalcation squad.
2. Forged note and counterfeiting squad.
3. Murder squad.
4. Railway Crime squad (see Rule 680)
5. Eve teasing prevention squad

• To do the work efficiently, the department requires certain types of offices. Whereas, such offices help in deducing the collected data to reach the conclusion. The following offices are attached to the department:–

1. Finger Print Bureau (Chapter 16),
2. Laboratory ( Appendix 25),
3. Photo Bureau ( Appendix 22),
4. Dog Squad ( Appendix 83) whose branches can be set up in other districts also,
5. Missing Persons Bureau ( Appendix 81), and
6. Juvenile Aid Bureau ( Appendix 82)

Powers of CID

In the dynamic environment, people are developing with every second passing. And they always come up with a new way of crime. For example, Advancement in technology resulted in Cyber Crime. Nevertheless, technology helps in achieving goals which were impossible earlier. Hence, it directly results in an increase in the complexity of crime and working conditions. Apart from all the functions of the Criminal Investigation Department, certain other powers are provided. Such powers of the Criminal Investigation Department are as follows:-

1. CID has the power to investigate, detect, and prosecute certain types of cases. Such cases are entrusted by the Government and Deputy General of Police.
2. It can conduct inquiries as per laid down procedure in prescribed situations i.e Civil or Criminal procedure code of India.
3. CID maintains data, updates crime and criminal information system. They also plan and organize criminal intelligence system. Moreover, they have also the power of maintaining records.
4. CID coordinates the investigation of related matters in the State with other States and National Institutions/Organizations. It also deals with crime investigation and maintenance of crime & criminal records.
5. Efficient, professional and independent functioning of SCRB ( State Crime Record Bureau), FPB (Finger Print Bureau) and their modernization.
6. In certain cases, CID advise, assist and report to Deputy General of Police and Government regarding the matters concerning investigation and prosecution.
7. CID gives information to Parliament and Assembly regarding crime on behalf of State Police. However, except that information which is purely administrative in nature.
8. In cases relating to Human trafficking, CID launches rescue operations and attend to post-rescue victim care and protection in coordination with the NGOs.
9. Maintains Database in r/o cases under trial, court disposals and court orders.
10. Also, they Examine and report on judgments given by subordinate courts for filing appeals.

Conclusion

With all the discussion above, we can say that CID is an important part of the state. However, its work is mostly behind the scenes. The functions of CID are as important as of the police department. However, in certain areas, where the police department has no authority, CID has the authority to control. Also, the power to maintain records of serious crime-criminal is a distinct feature of CID.

Everything About Section 506 Indian Penal Code

Introduction to Section 506 IPC

Section 506 of the Indian Penal Code (IPC) deals with the punishment when the accused has committed the offense of criminal intimidation. Criminal intimidation has been defined under Section 503 IPC. The offense of criminal intimidation constitutes the threat of injury to a person’s person, reputation or property or to another person’s person, reputation or property in which that person is interested with the intention to cause alarm or cause him to do an act which he is not legally bound to do.

Section 506 – Punishment for Criminal Intimidation – Whoever commits, the offense of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

If threat be to cause death or grievous hurt, etc – And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offense punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

At first reading of Section 506, it can be seen that the punishment prescribed in this section falls in two categories:

1. In simple cases of criminal intimidation, the punishment is imprisonment for a term up to two years or fine or both.
2. If the threat be to cause death of the threatened person, or grievous hurt, or destruction of property by fire, or to cause an offense to be committed which is punishable with death or life imprisonment or with imprisonment for a term up to seven years, or to impute unchastity to a woman; then the prescribed punishment is simple or rigorous imprisonment for a term up to seven years or fine or both.

Part II deals with more graver forms of criminal intimidation, and in that sense, requires a higher threshold to be brought into play. To warrant Part II of the section, it is necessary for the prosecution to prove that the threat to cause death or grievous hurt was accompanied by some act of the accused in pursuance of the threat.

Case Law

In the case of Rajinder Datt v State of Haryana[1], it was held that mere outburst of the accused at the time of the assault that he will kill the injured, will not attract Section 506. This is particularly so when the injuries caused are not grievous and are not caused to any vital part of the body of the injured.

In Keshav Baliram Naik v State of Maharashtra[2], the accused was alleged to have touched the hand of the prosecutrix, a blind girl, when she was asleep, removed the quilt and put his hand in her dress. He threatened to kill her if she disclosed his name. However, the prosecutrix shouted due to which her parents woke up. The High Court convicted the accused.

In the case of Ghanshyam v State of Madhya Pradesh, which also involved entering a house by the accused in the night armed with a knife, and threatening the inmates with death, the conviction under Section 506 Part II was held applicable and proper.

Where criminal intimidation was committed by threatening X and his daughter with injury to their reputation by having the indecent photographs of the daughter published, the appellant was held guilty of criminal intimidation. The intent was to cause alarm to X and his daughter[3].

In the case of Manik Taneja and Anr v State of Karnataka, the appellant and his wife met with an auto-rickshaw accident. They paid all the hospital expenses of the injured and met the Constable present at the time of the accident who they allege behaved with them in a rude manner. Thereafter, they posted comments on the Bangalore Traffic Police Page on Facebook, about the officer’s misbehavior. Their conviction was set aside as it was said that this act cannot constitute as one that would make up the offense of criminal intimidation.

Classification Of Offence

Part I of the offense of criminal intimidation is a non-cognizable, bailable and compoundable offense. Part II, on the other hand, is a non-cognizable, bailable and non-compoundable offense.

Conclusion 

To conclude, the punishment for criminal intimidation is duly given. The standard for ascertaining the offense of criminal intimidation is that of a reasonable person and hence, prevents any discrepancy or ambiguity in the law. The Supreme Court has applied the substance of this offense without vagueness. This can be seen through the various judgments discussed above. The standard of a reasonable person is that standard defining how a person should behave when placed in similar situation and circumstances. Punishment for criminal intimidation will only be attracted when the accused does not adhere to this standard of accepted behavior in society.

[1] (1993) Cr LJ 1025 (P&H)

[2] (1996) Cr LJ 1111 (Bom)

[3] Romesh Chandra v State, AIR 1960 SC 154

Section 415 of the Indian Penal Code

Cheating is that offense which is understood even by a layman. Often people use the term ‘cheating’ whereby they mean something to be deceitful or fraudulent. Cheating is considered as a wrong act when done, even in some of the trivial issues. Section 415 of IPC (India Penal Code), 1860 defines ‘Cheating’ and this article would be discussing the legal definition and legal aspect of the offense of cheating.

Section 415 – Cheating

Cheating is defined under Chapter XVII which deals with ‘Offences against Property‘ under Section 415 as follows-

Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper­ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.[1]

From the above-mentioned definition, some of the basic elements of cheating are as follows-

Fraudulently  

The act should either be fraudulent or dishonest to be termed as under the offense of cheating. The term ‘fraudulently’ is defined under Section 25 of the IPC.

“A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.”[2]

Acting dishonestly

The intention of the wrongdoer in every criminal offense is of great importance. Therefore, in cheating, also the person who commits the offense should act dishonestly. The term ‘dishonesty’ is defined under Section 24 of the IPC.

“Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.[3]

Property

Section 415 comes under Chapter XVII, which makes the offense of Cheating that is committed against property.

Deceive

The accused must deceive the person in such a way that he is induced to deliver any property or gives consent to the accused to retain a property that he posses. Also, it is very important to note down here that the deception should be with a dishonest or fraudulent intention.[4]

All the elements of cheating specified under Section 415 should be connected to each other in order to make an offense of cheating.

As per the Supreme Court very clearly held that the crux of the offense of cheating is the intention of the person who induces the victim of his representation. The nature of the transaction is irrelevant, which would become decisive in discerning whether there was the commission of an offense or not.[5]

The Supreme Court in a case held that in order to convict a person under the offense of cheating there should be the pre-existing fraudulent or dishonest intention of the accused from the beginning whereas in case of breach of contract the dishonest intention is generally not present at the beginning of the agreement. [6]

Punishment of Cheating

Cheating is punishable under section 417, and the punishment for cheating is imprisonment up to 1 year or fine or both. [7]Imprisonment depends upon the cheating and quantum of the act. If the act is grave, imprisonment and fine, both can be awarded. Whereas, when the act committed is not grave imprisonment is generally not imposed.

Difference between Cheating and Fraud

The offense of cheating and fraud are almost similar, and therefore, sometimes there is confusion between the two. It is very important to know the differences between the two.

1. The offense of Cheating is mentioned under section 415-420 of the Indian Penal Code, 1860, whereas, fraud is mentioned under 421-424 of the Indian Penal Code, 1860.
2. Usually, cheating is committed to obtaining some advantage from a person. Fraud is committed to gain an advantage by another’s loss.
3. Fraud basically is confined to contract cases, but cheating has a wide ambit.

Conclusion

The offense of Cheating, which is very common, includes two main elements, that is deception and inducement. Sometimes cheating is confused with fraud or other civil or criminal offense, but it differs from all of them in one way or the other. Therefore, the conceptual understanding of the offense of cheating becomes very important. Apart from section 415, another section related to cheating are also important.

[1] Indian Penal Code, 1860, s. 415.

[2] Indian Penal Code,1860, s. 25.

[3] Indian Penal Code, 1860, s. 24.

[4] A. Pareed Pillai v State (1973) SC 326.

[5] Rajesh Bajaj v. NCT of Delhi and Ors. (1999) SC 1216.

[6] S.W. Palanitkar V. State of Bihar 2001(10) TMI 1150.

[7] Indian Penal Code, s. 417.

Never Underestimate The Influence Of Criminal Provision Of Defamation – Section 499 And 500 Of IPC

Defamation is an oral or written statement that injures someone’s reputation. Section 499 and Section 500 of IPC deals with the defamation as an offense. It is considered as the statement of fact, which is unprivileged and not true, that must harm someone’s reputation, either by spoken or written, and the same must be published before the third party. The term Defamation covers mainly the false allegation or communication, which tarnished the reputation or decreased the respect that they hold in the society at large. Written defamation is known as “libel,” which is also considered as the permanent form of the defamation,  while spoken defamation is known as “slander.” Both forms of defamation, i.e., libel and slander, derive its origins from English common law, but they are not treated as distinct from each other in Indian jurisprudence.

Every person has a right to have his reputation preserved free from the violation. This right of reputation is acknowledged as an inherent personal right of each and every person as part of the right of personal security under article 21 of the Constitution of India and also considered as one of the most important natural rights. An affection towards reputation inspires people to do great things, acquire fame and name, which is the mainspring of life in every walk of life. The main objective of the provision of the defamation is to protect one’s reputation, honor, and integrity in society.

Defamation in India at present

In India, defamation can be seen as both Civil as well as criminal offenses. The Sufferer or the person who got defamed is offered a legal remedy in both civil as well as criminal. In civil law, the remedy is covered under the Law of Torts where sufferer or victim may go to High Court or any subordinate courts for compensation or damages in monetary form and c, Section 499 provides the definition of “Defamation” and  legal remedy which is the punishment of simple imprisonment which may exceed up to 2 years or Fine or Both, defined under section 500 of the Indian Penal Code, 1862.

Section 499 of the IPC defined as

A person or anyone, by his words either spoken or  which shown as a clear intention to be read, or by signature or by any kind of representations which is visible, makes or publishes any charges or allegation which refers any person, intending to harm, or  have knowledge or having a reason to make believe that these kinds of allegation will harm, the reputation or dignity of such person, is to be understood by, except in the case hereinafter expected to defame that person.

The section further goes on to provide some other vital explanation to determine what would create or constitute defamation. Defamation under the IPC may constitute an imputation of a deceased person that would harm the reputation of that person if he is alive and showing clear intention which may be hurtful to the feelings and emotions of their family or any other relatives. It may also amount to defamation to make an imputation refers to an association or company or any collection of persons as such.

The Section however also state that no imputation is said to injures a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the respected character or moral or intellectual character of that person, or lowers the character of that person in respect of their caste or of their calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a disgusting state, or a state generally considered as disgraceful.

Section 499 of the IPC also explain some exceptions. These include “imputation of truth” which is essentially required for the “welfare of the public” and thus has to be published, on conduct of government officials which involves public duty, the act of any person touching any public question and merits of the public performance, if someone publishes reports of proceedings of Courts, merits of the case decided in Court of law or act and conduct of witnesses and others concerned with, etc.

Defamation under section 499 and Section 500 IPC vs. Freedom of Speech under Article 19(1)(a): –

The law of the defamation is not punishable in many countries or as we can understand by the way that defamation laws are not criminal laws in some countries of the world, for that the same reason a renowned lawyer-politician Mr. Subramanian Swamy along with several other petitioners (Rahul Gandhi, Mr. Kejriwal, etc.) came together to challenge the constitutionality of criminal defamation, i.e., (Sections 499 and 500 of the IPC) before the apex court i.e., Supreme Court.

 a)- Reason behind the Criminal Provision of Defamation (u/s 499/500) was challenged: –

The basic reason was that it was an unreasonable restriction on the constitutionally-guaranteed Right, i.e., Right to Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India. Section 499 of the Indian Penal Code gives us the Right to sue for Defamation if  the person’s reputation was damaged or intended to damage by any other, and the petitioner challenged this on the ground that this was prima facie infringement of Freedom of Speech and Expression provided by the Constitution of India under Article 19(1)(a).

 b)- Some of the arguments that why this criminal provision of defamation(u/s 499/500) must declare unconstitutionally: –

Firstly, Criminal provision of the defamation (u/s 499/500) do not constitute a “reasonable restriction” on speech, and even truth is not an exact defense because the defense only works when the statement is for the public good, which is a question of fact by the court. This could be arbitrary because Instead of making the plaintiff prove that the accused made a false statement, section 499 gives the accused the burden of proving that the statement was not only true but also for the welfare of the public at large.

Secondly, mere on the allegation, a magistrate may issue criminal process that the accused conspired with the person who actually made the allegedly defamatory written statements, also  a criminal suit u/s 499 can be filed even for speech given by the political leaders, which is considered as the most protected speech to sustain democracy.

Lastly, there is also an argument that it is not clear even why the criminal provision of defamation has existed because petitioners are in the opinion that civil remedy is more than sufficient for that.

 c)- Court Held: –

However,  the apex court of the country, i.e., the Supreme Court upheld criminal defamation (u/s 499/500) and its constitutional validity. The judgment delivered on May 13, 2016, by the Supreme Court in Subramanian Swamy V. The Union of India (“Judgement“) was delivered by Justice Dipak Misra, with Justice Prafulla C. Pant. The Judgment in the case started by analyzing the meaning of the terms ‘defamation’ and ‘reputation’, and their interaction of these terms with the right of the freedom of speech and expression mentioned under Article 19(1)(a) of the Indian Constitution.

The reputation of an individual must be secured as it was included in the protection of ‘dignity’, which is a very important aspect of the constitutionally protected right to life under article 21 of COI. Also, Defamation, in the right to freedom of speech and expression guaranteed under Article (19)(1)(a)  is subject to reasonable restrictions. The Judgement also recognizes principles of reasonable restriction are that the restrictions which should serve the interest of public and should not be excessive; and held that reputation of an individual is a basic element enshrined under Article 21 of the Constitution and balancing of fundamental rights is a constitutional necessity.

In addition, the court also emphasize for upholding the validity of the criminal defamation is online defamation, in the age of the Internet it can be effectively countered only by making it a criminal offense, and this particular law is concerning part of the state’s “compelling interest” to protect the dignity and reputation of citizens.

Finally, the Supreme Court holds that this criminal provision of defamation is not disproportionate. The reasonableness and its proportionality of a restriction are examined from the standpoint of the interest of the general public, and not from the person upon whom the restrictions are imposed. Applying this, the Court adjudged that criminal defamation law (u/s 499/500) to be proportionate. Further, the Supreme Court dismissed the petition which challenges the constitutionality of the criminal provision of defamation, holding that it was a reasonable restriction on the right to freedom of expression enshrined under Article 19(1)(a) of the Constitution of India.

 A person is bound to allow the existence of something that one may dislike or disagrees within other words -criticism, dissent, and discordance, but not expected to tolerate a rush which may tarnish the reputation of that person. (SC in Subramanian Swamy V. The Union of India [AIR 2016 SC 2728]  ).

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Seven Ugly Truth About Top 10 Criminals Of India – You Don’t Know

India, the home of over 1 billion people. It’s a family where all the traditions, religions, ages are safe and sound together. But the terror of crime is still in the veins of people of their own country and criminal cases in India are increasing day by day. The crime rate of the capital of India is 974.9 per 100,000 persons. National Crime Records Bureau, Government of India published Crime in India Report in which it is termed as the highest crime rate of India. Kerala stands second in the list by 727.6 per 100,000 persons. It may look insignificant in terms of proportion but gives chills in the spine when we think how brutally people have been killed these days. Criminals are creating a void of terror in the human heart. Now it’s important for us to take criminal cases of India seriously.

Read Also: Criminal Law in India

Every day nearly hundreds of people die because of crime in India. They all go unnoticed, but some wounds never record and blooms like before.

Remember the blasts of 26/11. They still disturb the souls of the nation. How two terrorists entered our country and killed thousands of people just to reveal them how terror feels?

This incident endures a shame to humanity.

Over here is the list of Top 10 criminals in India who made it unsafe to walk alone

Top 10 Criminals of India:

Over here is the list of Top 10 criminals in India. Those who had played an important role in increasing the graph of criminal cases in India and made it unsafe to walk alone.

1.Dawood Ibrahim

The most wanted criminal in the world is Dawood Ibrahim and was also involved in many criminal cases in India. He was born in Bombay in 1955. Currently, he is an underworld don, terrorists, and drug dealer. He founded a D-Company in the 1970s in Mumbai. He is accused of murders, drug dealing, and terrorism.

He has been on the Third position on the World’s 10 Most Wanted Fugitives presented by FBI and Forbes. The D-Company is rumored to be in connection with Bollywood Industry and threaten them for money. It is believed that he has killed Gulshan Kumar and Javed Siddiqui. He is equally known for extortion and threats targeted towards Bollywood.

He is the mastermind behind March 1993 Bombay Bomb Blasts. It is rumored that he was in close contact with Osama Bin Laden. Rumors, besides, say that spot match-fixing in IPL  was a white-collar business for Dawood Ibrahim.

On May 2015, Times Now claimed that he is safe in Karachi, Pakistan.

2.Mashood Azhar

Mashood Azhar is the leader of Jaish-e-Mohammed. This group is currently situated in Pakistan occupied Kashmir. Mashood Azhar was responsible for the hijacked Indian Airplane Flight 814. The plane was hijacked for the demand to leave Mashood Azhar from India in exchange for the innocent passenger in the flight.

3.Ilyas Kashmiri

Ilyas Kashmiri is also known as Maulana Ilyas Kashmiri. He is a senior operative of Al-Qaeda and head of Harkat-ul-Jihad Islamic.

Ilyas Kashmiri is held responsible for German Bakery Blasts in Pune. The bomb blast occurred on 13 February 2010 and more minor criminal cases in India. Over 17 people were killed, and 60 were injured. Resources convey that Ilyas Kashmiri was also involved in the Soviet-Afghan War, Kashmir Conflicts, and other attacks in India. Along with these he is also held responsible for attacks in Ahmedabad, Delhi, Jaipur, and Bangalore in 2008. He himself declared that 26/11 was his plot.

The U.S officially designated him as a terrorist in 2010. The United States has also called him “A most dangerous man in the world.”

It is believed that he was shot dead by U.S militants in 2011.

4.Syed Salahuddin

Syed Salahuddin is the one who is managing an organization for uniting Kashmir with Pakistan. Syed Salahuddin is the chief of Hizbul Mujahideen. This organization is linked with ISI and the Pakistan army. Syed Salahuddin is responsible for all the blasts, fights, and attacks in Kashmir and most of the criminal cases in India. He is currently residing in Pakistan. He is also behind the Delhi High Court attacks occurred in 2011. He runs United Jihad Council. This council retains a deep connection with Al Qaeda.

The National Investigator Agency lists Syed Salahuddin as Most Wanted Criminal.

5.Anees Ibrahim

Anees Ibrahim is Dawood Ibrahim’s younger brother. He is moreover the most trusted man of Dawood Ibrahim. He is believed to be involved in all the accused criminal cases in India led by Dawood Ibrahim. Be it extortions, drug dealing, weapons trafficking, fake note banks many more. It is believed that he was chiefly involved in all of the grim business of D- Company. He was shot in 2009 by members of a rival gang in Karachi.

6.Sajid Mir

Sajid Mir came to India in 2005 as a cricket fan. He remains the commander of Lashkar-e-Tayyiba. He came to India in 2005 to work on the 26/11 project. He and David Headley were working on this project together. Sajid Mir was contacting with the terrorists invaded the country through a safe internet line from a safe house in Karachi. He was personally involved in accusing hostages of the terrorist. Sajid Mir is currently in a run with ISI Directorate. Rumors say he has been traveling to Delhi with former armed officer Abdur Rehman Hashim.

7.Abu Salem

Abu Salem was born in 1969 in Uttar Pradesh. He is believed to be involved in many criminal cases in India like murdering, extorting and exporting arms and drugs. It is furthermore stated that Abu Salem has invested in Bollywood Films and retains a connection with the Film industry as well. He is rumored to be responsible for murdering producer Gulshan Kumar and other Indian producers like Subhash Ghai, Rajiv Rai for money from them.

Abu Salem joined D-Company as a Driver to transport drugs and weapons. He remotely handles and indeed sends his men to Bollywood stars and producers. In January 2001, his men were rumored to shoot the personal secretary of Manisha Koirala. He is also believed to be part of the 1993 Bombay Bomb Blasts.

8.Major Iqbal

The mastermind of 26/11 attacks in Mumbai is Major Iqbal. He is a major in the Pakistan army and a serving ISI officer. He is held responsible for recruiting “David Headley.” David Headley is a spy and an American terrorist of Pakistan army. David Headley recently informed that Major Iqbal befall the mastermind behind plotting the whole 26/11 attacks. He mentioned that he is also recognized by the name of “Choudhry Khan.” David Headley communicated this information during his trial in Chicago. He added that Major Iqbal once informed him about some of the attackers from Pakistani Boat in September 2008. He said they lost the Pakistani boats while they were Heading towards India for blasts.

9.Reshma Memon

Reshma Memon remains the wife of Yakub Memon. She is accused of helping Yakub and Dawood in the Bombay blasts of 1993. It is believed that Reshma Memon, along with her sister, was involved in many attacks and currently residing in Pakistan.

10.Chota Shakeel

Chota Shakeel was born in Bombay. He was initially named as Mohammed Shakeel Babu Miyan Shaikh. He is the crime boss of the Dawood Company, frequently known as D-Company. He joined the D-Company when he used to stay in Dubai in 1988. He is held responsible for the 1993 Bombay Bomb Blasts. He was equally involved in all the criminal activities during his prior years of life. Chota Shakeel is responsible for remotely tracking everyday activity in D-Company. It is believed that he helped Abu Salem in linking him with Bollywood film industries. It is rumored that he had killed Chota Rajan in Bangkok.

Chota Shakeel is also declared “WANTED” by the U.S. government because of his involvement in drug trafficking.

Rumors say he died in 2017 in Tajikistan. This is one of the dangerous criminal cases in India.

CRIMINALS IN INDIA