Developments in Section 376 of IPC

Scope of Section 376 of IPC

Section 376 of the Indian Penal Code deals with the Punishment for rape and this particular has undergone various amendments to meet the requisites of the society. It attempts at deterring such criminal offenders by instilling a sense of fear in them. Unfortunately looking at the rate of crimes against women, we cannot totally agree to the fact that such legal provisions have relieved women. In this article, we shall be analyzing section 376 along with the amendments it has undergone over time.

Section 376 before Amendments:

• Subsection 1 deals with the punishment for rape of a woman in all circumstances except the ones mentioned under Section 376(2). The punishment in such cases was rigorous imprisonment for a period not less than 7 years and which may be extended to imprisonment for life and shall also be liable to fine.
• Subsection 2 deals with the punishment for the rape of a woman committed by police officers, public servants, member of armed forces, etc. The punishment is a period of not less than 10 years which may extend to imprisonment for life i.e. imprisonment for the remainder of his life and shall also be liable to fine.

The Rape Laws underwent a change in 2013 after the brutal Delhi Gang Rape Case (Nirbhaya Rape Case). The nation-wide spread outrage over the brutal Gang rape in the Capital City which eventually led to the death of the Physiotherapy intern became the driving force behind the passing of the Criminal Law Amendment act 2013. The Act increased the ambit of the term “Rape” as mentioned under Section 375 of IPC.

Criminal Law (Amendment) Act of 2013:

The Act came into force on the 3^rd of February 2013. It inserted 4 clauses (376 A TO 376 D) in Section 376 taking into consideration cases where the injury inflicted on women during Rape can get them in a permanent vegetative state.

1. 376 A– Whoever, commits an offence punishable under sub-section (1) or subsection (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term of minimum twenty years, but which may extend to imprisonment for life i.e. imprisonment for the remainder natural life of the offender, or with death.
2. 376 B– Whoever has sexual intercourse with his wife, living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term of minimum 2 years which may even extend to 7 years and will also be liable to fine.
3.  376 C–  Whoever, being:

•   In a position of authority or in a fiduciary relationship; or
•  A public servant; or
•  Superintendent or manager of a jail, remand home or other places of custody established by or under any law for the time being in force, or a women’s or children’s institution; or
• On the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term of minimum 5 years which may extend to 10 years, and shall also be liable to fine.

4.  376 D– Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term of minimum 20 years but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine: Keeping in mind that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim.

Criminal Law (Amendment) Act, 2018

This Act came into force on the 21^st of April 2018. It intended to amend the subsections of Section 376 and also insert a few clauses. In subsection 1 of Section 376, it substituted the 7-year imprisonment with rigorous imprisonment of minimum 10 years which may extend to life imprisonment. Moreover, Section 376 had only 2 subsections and this Act inserted another subsection which stated that whoever commits rape on a woman below 16 years shall be punished with rigorous imprisonment of minimum 20 years which may extend to imprisonment for life and shall also be liable to fine.

Read Also: Child Sexual Abuse in India

Further an additional Section 376 AB was inserted after 376 A and it laid down that “Whoever commits rape on a woman below 12 years shall be subjected to rigorous imprisonment of minimum 20 years which may even extend to imprisonment for life, and with fine or with death.” The fine imposed should be reasonable to meet the medical expenses and rehabilitation of the victim.

Then Section 376 DA was added after 376 D and it stated “When a woman below 16 years is raped by 1 or more persons constituting a group or acting in furtherance of a common intention, each of such persons shall be deemed to have committed the offense of rape and shall be punished with imprisonment for life, and with fine.

Conclusion:

The various Amendments have made an attempt to bring about significant changes in the country but the implementation of such acts on the land has remained lousy. Another issue which continues to be overlooked by our legislators is Marital Rape and unfortunately, none of these Amendment Acts have acknowledged it as a crime. Hence we see Stringent Legislation is required for overall protection of women from outsiders as well as their family members.

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.

10 Preparations You Should Make Before Using Condonation Of Delay Under Section 5 Of Limitation Act.

Introduction To Condonation of Delay

The term ‘condonation of delay’ is characterized under Section 5 of the Limitation Act in the event of offers. Condonation of delay is the extension of the prescribed period in specific cases. Section 5 in The Limitation Act, 1963 states “Extension of prescribed period in certain cases. —Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. ”

Grounds for Condonation of Delay

Courts require to be persuaded with an adequate reason so as to get the Condonation of delay. A few grounds behind considering (or not considering) for the condonation include:

• Ailment: Including the nature and severity of disease and facts encompassing the failure to act.
• Detainment: Mere detainment is certifiably not an adequate reason. Different reasons ought to satisfy the court
• Other inadequate grounds: Poverty, Parda Nasihn Lady, Minors, Ignorance of the law, negligence (Vigilantibus non-dormant bus Jura subvenient) and so forth.
• Other adequate grounds: Mistake of court, mislead by rulings, the mistake of counsel, the mistake of law, delay in getting copies and so forth.

Application for Condonation of Delay.

Before the Honourable District Court at _______________(enter station)

AS No.(enter appeal suit number and year)

Appellant:(enter name)

Respondent:(enter name) 

AFFIDAVIT

1. I am the appellant in the above appeal and the petitioner in the IA.
2. The above appeal is given against the judgment and decree of ______court in OS No._____(give case number) against the appellant stating to _______(briefly state the order). I know the facts of the case.
3. The appeal ought to have been filed on _______(date). But as I(appellant) was________(enter the sufficient reason) the appeal could not be filed within the said period. Hence a delay of _____days is caused in filing the appeal. The said delay is not due to my wilful default.
4. I have filed a separate petition along with this for condoning the delay of __days in filing the appeal which has to be allowed. Hence it is prayed that this honorable court may be pleased to condone the delay of ___days in filing the appeal by allowing the IA filed herewith for the same unless I will be put to irreparable injuries and loss. All that is stated above are true and correct to the best of my belief.

Dated this the ______(date)

Sd/-Deponent

Mob No:

Email: 

Condonation of delay under section 119 (2) (b) of Income Tax Act

“The Board may, if it considers it desirable or expedient so to do for avoiding genuine hardship in any case or class of cases, by general or special order, authorize any income-tax authority, not being a Commissioner (Appeals) to admit an application or claim for an exemption, deduction, refund or any other relief under this Act after the expiry of the period specified by or under this Act for making such application or claim and deal with the same on merits in accordance with law.”

Central Board of Direct Taxes (CBDT) has given the powers to income tax authorities to acknowledge the income tax return for a financial year even after the expiry of the due date.

Condonation of Delay Scheme 2018 appeared on 29th December 2018 to give one last chance to the executives of the defaulting organizations who because of the reason of non-filing of financial statements and annual returns were held liable and disqualified. The default with the registrar of the organizations proceeds for a long time.

This scheme refers to the companies registered under the Companies Act,2013.

Important points in respect to Condonation of Delay Scheme 2018

The applicability of the scheme is to organizations which are in default (other than those organizations whose names had been struck off from the registrar of the organizations under Section 248(5) of the Companies Act 2013. In the event that you are the organization whose name is as yet not struck down from the registrar of the organizations at that point:

• The DIN numbers of the executives who were disabled beforehand will be temporarily enabled with the goal that executives could file the documents.

• The organization in default must pay out statutory charges endorsed according to Section 403 of the Companies Act 2013 read with Companies (Registration offices and fees) Rules, 2014 for filling this overdue documents.

• Application expenses for recording the E-form CODS will be Rs. 30,000/ – (nominal for the defaulting directors)

• Those executives whose name isn’t found by the MCA21 registry records yet are associated with the default, they will not have the capacity to reactivate their DIN numbers and would not have the capacity to choose as executives of any organization.

• In the event that the defaulting organizations whose name have been struck down under the provision of Section 248 and 252 of the Companies Act, 2013.

Read Also: Section 185 of the companies act, 2013

7 Things That You Never Expect On History Of The Court Fees Act, 1870

History of the Court Fees Act, 1870 –

The Courts are institutions where the aggrieved go to seek justice. With the establishment of Courts in India, a system evolved for the payment of fees for the adjudication of cases. The rates of stamp fees leviable in courts and offices established beyond the local jurisdiction of the ordinary original civil jurisdiction of the High Courts of Judicature at Fort William in Calcutta, Madras, and Bombay and in proceedings on the appellate jurisdiction of High Courts were governed by the Act XXVI of 1867. However, within a span of about two years, it was considered necessary to make a general reduction in the rates on the institution of civil suits and to rely on the principle of maximum fee which was obtained under the previous law. Also, in order to rectify the repressive effect and to avoid future confusion between stamp-revenue proper and the revenue derived, a comprehensive bill known as the Court Fees Bill was introduced in the Legislature. Now it is known as the Court Fees Act, 1870. 

The Court Fees Act, 1870 –

The Act extends to the whole of India except the territories comprised in Part B states before the 1st of November, 1956. The Act came into force on 1st April 1970. It contains 6 chapters, 37 sections, and 3 schedules.

Types of Court Fees –

There are two kinds of court fees under the Court Fees Act –

• Ad Valorem Court fees (Schedule 1) – it means according to the valuation. Ad valorem duties are always estimated at a certain percent, on the valuation of the property as opposed to fixed or specific duties.
• Fixed or specific court fees (Schedule 2).

Computation of Court Fees –

Section 7 of the Act contemplates three types of valuation of the subject-matter of a suit.

• By valuing it according to its market value.
• By ascribing to the subject-matter an artificial value based simply on the certain fixed rule of calculation.
• By requiring the plaintiff himself to value the relief he seeks.

This section only applies where the ad valorem fee is payable.

Here is the detailed breakdown of the rule of computation of court fees in these kinds of suits –

• Suits for money – According to the amount claimed.
• Suits of maintenance and annuities or other sums payable periodically – Ten times the amount claimed to be payable in a year.
• Suits for movable property where the subject matter has a market value – According to the market value at the date of presenting the plaint.
• Suits for the possession of land, buildings or gardens – According to market value or (net profit x 15 times), whichever is higher.
• Suits for Pre-emption – If instituted under Muslim Personal Law, then according to the market value of the land.
• Suits for partition – According to the market value of the share in respect of which the suit has been instituted.
• Suits for the interest of an assignee of land revenue – Fifteen times of net profit.
• Suits to set aside an attachment of land – According to the amount for which the land was attached.
• Suits to redeem mortgaged property and suit for foreclosing – According to the principal money
• Suits for injunction or for a right to some benefit to arising out of the land – In such suits, the plaintiff shall state the amount at which he values the relief sought.

Section 35 of the Court Fees Act –

The 1[Appropriate Government] may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of 2[the territories under its administration], all or any of the fees mentioned in the First and Second Schedules to this Act annexed,—The 2[Appropriate Government] may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of 3[the territories under its administration], all or any of the fees mentioned in the First and Second Schedules to this Act annexed,” and may in like manner cancel or vary such order.

The Section states that the appropriate government, whether Central Government or respective State Governments from time to him, has the authority to reduce or remit fees as mentioned in the First and Second Schedules of the Act. It may in like manner also cancel or vary such an order.

CONCLUSION –

The Court Fees Act is a fiscal enactment. Its primary objective is to shield or protect the revenue of the State. It was passed to secure the revenue for the benefit of the State. Court Fee is considered as a State debt. The government has an obligation to pay court fees as much as any other party who approaches the court of law. This act also determines the jurisdiction of civil courts.

It is not mandatory for the court-fee value and the jurisdictional value to be the same. The right procedure is to ascertain the value for court fees at first and then adopt the same valuation for the jurisdiction.

Original blog is published at Legodesk for all your legal quires you could get instant support and help online.

Legodesk makes your legitimate practice increasingly proficient. You can deal with your cases, store significant archives, plan assignments, team up and substantially more to serve your customers.