Section 302 of the Indian Penal Code

Section 302 of the Indian Penal Code talks about punishment for murder.

302. Punishment for murder

Whoever commits murder shall be punished with death, or 1[imprisonment for life], and shall also be liable to fine. Murder is the unlawful killing of one human being by another without any justification or valid excuse and with malice intended.

Section 300 of the IPC talks about murder.

300. Murder

Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or—

Secondly, If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or—

Thirdly, If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be in­flicted is sufficient in the ordinary course of nature to cause death, or—

Fourthly, If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Section 302 makes murder a cognizable and non-bailable offense.

Rajesh v. State (NCT of Delhi)

This is a case in Delhi High Court, a Division Bench comprising of S. Muralidhar and Vinod Goel, JJ. dismissed a criminal appeal filed against the order of the trial court whereby the appellant was convicted under Section 302 IPC. The appellant was alleged to have murdered his wife. It was proved that the deceased was last seen with the appellant. The prosecution examined 45 witnesses before the trial court. Based on the testimonies of witnesses and findings of the court, the appellant was convicted for the murder of his wife under Section 302 and sentenced accordingly. Aggrieved thus, the appellant filed an appeal against his conviction and sentence.

The High Court perused the record and took note of the findings as made by the trial court. The Court noted that the mother of the appellant (PW 1) deposed that the appellant and the deceased slept together and also that she saw the appellant with the deceased on the night of the incident. Further, the post-mortem report clearly showed that the death of the deceased was a result of serious injuries which were caused by the sharp-edged weapon, maybe a farsa. In the Court’s opinion, the prosecution proved that the death was homicidal. Moreover, the Forensic Science Laboratory (FSL) Report proved that the death was caused inside the jhuggi where the deceased was sleeping with the appellant. The Court observed that there was no alternative theory to suggest how the deceased may have suffered the injuries in the facts and circumstances of the case. For the reasons aforestated, the Court was unable to reach a conclusion different from that of the trial court. Resultantly, the conviction of the appellant was upheld and the appeal was dismissed.

Arjun and ANR. Etc Vs State of Chattisgarh

On 19.11.2006 at about 9:45 AM, deceased Ayodhya Prasad had gone to his field alongside Bajrang Manjhi, Borri Verma, Gilli Raout and Makunda Raout. The deceased was cutting a tree with the help of the persons along with him and at that time, the appellants came in the field and they stopped the deceased and his labor from cutting the tree. Deceased Ayodhya Prasad told the appellants that he was the owner of the tree, therefore he was cutting the tree. Some quarrel took place between them and the appellants assaulted the deceased with a knife and stone. The deceased fell down and sustained injuries on his head. His head was severely injured, he was taken to Bilaspur for treatment, but, he died on the way near Mahanadi Bridge. Shivprasad, the brother of the deceased lodged a First Information Report.  The post-mortem was conducted, the cause of death was a hemorrhagic shock due to head injuries and the death was homicidal in nature. The investigation was completed and a charge sheet was filed against the appellants in the Court of Judicial Magistrate, who committed the case to the Court of Session  Raipur, from where it was received on transfer by Second Additional Sessions Judge, Balodabazar, who conducted the trial and convicted and sentenced the appellants.

The appellants approached the Supreme Court for relief. The division bench of the Supreme Court dismissed the appeals and upheld the judgment of the Additional Sessions Judge. The appellants were held liable for punishment under Section 302/34 of the Indian Penal Code.

This article aimed to define the meaning of Section 302, the nature of Section 302, the punishment of murder and also some landmark judgments on Section 302.

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.

Impact Of Section 497 On Married Indian Couples

In 2017, a significant decision was passed by a three-judge Bench which struck down a colonial-era law that prescribed maximum imprisonment of five years to men for adultery. The instant Writ Petition was filed by one Mr. Joseph Shine under Article 32 of the Constitution of India. It challenged the validity of Section 497 IPC, read with Section 198(2) of the Criminal Procedure Code (CrPc). The Bench appreciated the submissions advanced by the learned counsel for the Petitioner and thereby felt the need to have a re-look at the constitutionality of the provision.

In this article, we will answer questions pertaining to the non-constitutionality of the provisions of Section 497 and its impact on married couples.

What is Section 497

According to section 497, “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offense of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such a case, the wife shall not be punishable as an abettor.”  Simply put, only a man can be a victim or accused/culprit under the existing reading of Section 497 of the IPC.

The provisions of the said section are very orthodox in nature and are based on societal presumptions. The constitutional rights of a woman, bestowed upon her by virtue of birth, are being gravely infringed upon. Ordinarily, the criminal law proceeds on gender neutrality but in this provision, the said concept is absent. On a perusal of the language of the said provision, the words “without the consent or connivance of that man” only reflects the perilous inequality and creates a dent on the individual independent identity of a woman.

Section 497 makes two classifications

The first classification is based on who has the right to prosecute. It is only the husband of the married woman who indulges in adultery, is considered to be an aggrieved person and is given the right to prosecute for the offense of adultery. Conversely, a married woman who is the wife of the adulterous man has no right to prosecute either her husband or his paramour.

The second classification is based on who can be prosecuted. It is only the adulterous man who can be
prosecuted for committing adultery and not the woman, even though the relationship is consensual; the adulterous woman is not considered to be an “abettor” to the offense.

The adultery law, therefore, has been criticized for treating women as property or chattel of their husbands. Consequently, the offense of adultery was treated as an injury to the husband, since it was considered to be a “theft‟ of his property, for which he could proceed to prosecute the offender.

Findings of the Apex Court

In light of the above arguments, it was observed that “The time when wives were invisible to the law and
lived in the shadows of their husbands, has long since gone by. Legislation that perpetuates such stereotypes in relationships, and institutionalizes discrimination is a clear violation of the fundamental rights guaranteed by Part III of the Constitution. There is, therefore, no justification for the continuance of Section 497 of the Indian Penal Code. framed in 1860, to remain on the statute book.”

Section 198(2) of the Cr.P.C. which contains the procedure for prosecution shall be unconstitutional only to the extent that it is applicable to the offense of Adultery under Section 497.

Adultery and Married couples

However, the issue remains as to whether “adultery‟ must be treated as a penal offense subject to criminal sanctions, or marital wrong which is a valid ground for divorce.

A criminal wrong is the one which is committed against the community at large i.e where the community is the victim of such a wrong. For instance, Murder is an offense committed not just against the family of the deceased but also against the society in general. On the contrary, a private wrong is the one which is committed against an individual. For example, a breach of contract.

Adultery may be an act committed to private by two consenting adults, it nevertheless is not a victim-less wrong. It negatively impacts the institution of marriage and family, the well being of the children and society in general, and therefore must be subject to penal consequences. Hence the State has a legitimate public interest in making it a criminal offense.

On contrary to this view, adultery is a marital wrong and therefore should only invite civil consequences. To criminalize a certain content is to declare that it is a public wrong which would justify public censure, and warrant the use of criminal sanction against such harm. However, a person should be able to make personal decisions in his/her life. such an act should be protected from public censure.

Adultery is undoubtedly a moral wrong committed against the spouse and the family. However, the fundamental right to live with dignity includes the right not to be subjected to public censure and punishment by the State except where absolutely necessary the State must consider whether the civil remedy will serve the purpose. Where a  civil remedy for a wrongful act is sufficient, it may not warrant criminal sanction by the State.

Conclusion

Before the enactment of the Marriage Laws, 1976, adultery was treated as the conduct of grave immorality and was not considered as a ground for divorce. Post the 1976 Amendment, the grounds for judicial separation and divorce are the same and it is a mark of great development in the Hindu Personal Laws.

While reading the judgment, Chief Justice Dipak Misra said, “Adultery cannot be a criminal offense, however, it can be a ground for civil issues like divorce.” It has been defined under Section 13(1) of the Hindu Marriage Act, 1955 and Section 22 of the Indian Divorce Act makes provisions for a decree of judicial separation on the grounds of adultery.

Read Also:   The New Rules For Divorce In India

To conclude, it can only be said that laws which may be relevant at a given period demand various changes with the passage of time. Education, development in civil-political rights and socio-economic conditions have drastically undergone a change. Therefore, the historical background in which Section 497 was framed, is no longer relevant in contemporary society.

Most Effective Ways To Overcome Breach Of Contract's Problem

Remedies for Breach of Contract

When one of the parties to the contract makes a breach of contract, then the other party has the following remedies available for Breach of Contract-

a) Damages

b) Quantum Meruit

c) Specific Performance

d) Injunction

e) Rescind the contract and refuse further performance of the same.

Read Also: Contract of Indemnity

• Damages

The remedy by way of getting damages is perhaps the most common remedy available to the injured party. This entitles the injured party to recover compensation for the loss caused or suffered by him due to the breach of contract, from the party who caused the same.

Section 73 of the Indian Contract Act, 1872 makes provisions in this regard. It talks about the right of an injured party to recover compensation for the loss suffered by him due to the breach of contract. The Section has 18 illustrations to elaborate the section further.

In action for breach for a contract, there are usually two kinds of problems –

• Firstly, the loss suffered by the plaintiff needs to be determined, whether it is a proximate consequence of the breach of contract by the defendant or not. The defendant shall only be liable for the proximate consequences of the breach of contract. He will not be liable for damages which are remotely connected with the breach of contract. This is known as “Remoteness of Damages.”
• Secondly, if it is deciphered that particular damage is in proximate result to the breach of contract, then how much compensation is to be paid by the defendant to the plaintiff, for the same?

This question was answered in the case of Hadley v. Baxendale where it was held that damages which as may fairly and reasonably be considered arsing to the usual course of things from such breach could be recovered. Secondly, damages which as may reasonably be supposed to have been in the contemplation of both the parties at the time they made the contract.

• Quantum Meruit

The expression “quantum meruit” means “as much as earned.” In other words, it means reasonable remuneration. The general rule is that when a party to a contract has not fully performed what the contract stipulates, he cannot sue for the same. But when there is one party who hasn’t performed part of his contract and is prevented by the other party from further completion, he may bring an action on a quantum meruit, for the amount of work he has done. This claim arises when one party has abandoned the contractor accepts the work done by another under a void contract.

• Specific Performance

This refers to the actual carrying out of the task by the parties as stipulated in the contract. Where a party fails to perform the contractual obligations, the Court may at its discretion order the defendant to perform his undertaking according to the terms stated in the contract. A decree for specific performance of a contract may be granted along with damages or in place of damages.

Specific performance is not granted when –

a) where monetary compensation is an adequate remedy;

b) where the court cannot supervise the execution of the contract;

c) where the contract is for some personal service;

d) where one of the parties to the contract is a minor.

The law which governs the specific performance of a contract is the Specific Relief Act, 1963.

• Injunction

An injunction refers to an order of a court restraining a person from doing an act. It is a way to secure the specific performance of a negative term of the contract, where the court may give an issue an order to the defendant restraining him from doing something that he promised not to do.  Injunctions can be prohibitory or mandatory; and temporary or perpetual.

• Rescission of Contract

When a party to a contract has committed a breach of contract, the injured party may put a contract to an end, i.e. rescind it, and he will be absolved from all the obligations under the contract. Section 65 says that when a party treats the contract to an end, then he makes himself liable to restore any benefits which he has received under the contract to the party from whom such benefits were received originally. Section 75 says that if a party to a contract rightfully rescinds the contract, then he is entitled to receive compensation for damage which he has sustained through non-fulfillment of the contract by the other party.

Read Also: Frustration of Contract

CONCLUSION

No one should get benefit from others unjustly. A remedy must be provided to the injured as quickly as possible. This is just not in morality but also in contractual obligations. The Indian Contract Act, 1872 is the primary legislation governing contractual relations in India clearly mentions five distinct grounds for awarding remedies to the injured party. This helps the parties to freely enter into contracts without any risk of getting cheated or bluffed from the other side. The essence of law is justice and remedy to the affected party is a way to provide justice. Therefore, damages, specific performance, injunction, rescission, and quantum meruit are the five remedies which the court grants in contractual relations.