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.

Seven Stereotypes About Self Defence Laws In India That Aren't Always True

Introduction

It is the primary duty of the state to protect its citizens from any harm. But circumstances may arise where the state aid is not available, or the state is not able to lend hands for the protection of an individual against imminent danger or harm. In such a situation, an individual is vested upon with rights by the state to use force to fend-off the immediate threat to his or someone else’s property or person. This right is the right of private defense or self-defense.

Right of Private Defence

The primary rule in criminal law is Self-help. Every country should provide its citizens with the right of private defense to protect his life, liberty, and property. This right also brings with itself numerous restrictions and limitations. Though the right of private defense was granted to the citizens as a weapon for self-defense but is often misused by people for their evil purposes.

In India, Section 96 to 106 of Indian Penal Code, 1860 provides for provisions relating to the right of Private Defence of person and property. This right can only be exercised when recourse to public authorities is not available to a person. One of the main principles on which the right of private defense is based is ‘reasonableness’ of the defense used. The extent to exercise the right of private defense depends on the reasonableness of the apprehension of the danger and not on the extent of actual danger.

Statutory Provision for self-defense in India

Section 96 of Indian Penal Code

This section talks about the things done in private defense and explains that nothing is an offense which is done in the exercise of the right of private defense.

Right of private defense is not an offense, and in fact, it is an act done in defense. The right of self-defense under Section 96 is not absolute but is clearly qualified by Section 99 which says that the right in no case extends to the inflicting of more harm than it is necessary for the purpose of defense. The burden of proof is upon the person who pleads for the right of private defense.

Consequently, this right cannot be allowed to be used as a shield to justify an act. A very careful weighing of the facts and circumstances of each case is required to decide as to whether the accused had, in fact, acted under this right. There is no place for assumptions on the part of the accused while exercising this right. There must be a reasonable apprehension about the possibility of an attack to exercise the right of private defense.

Section 97 of Indian Penal Code

Section 97 talks about the Right of private defense of the body and of Property. Each individual has a right to defend himself, i.e., his body or the body of any other person.  Similarly, he has the right to protect his property or else’s property, whether movable or immovable against an act which amounts to an offense of theft, robbery, mischief, or criminal trespass.

There must be an offense committed or attempted to be committed against a person who wants to invoke the plea of right of private defense. An injury caused to a man in question is not considered necessary for deciding the question of the accrual of the right of the private defense. Reasonable apprehension of causing grievous injury is absolutely enough to exercise the right of private defense.

Section 98 of Indian Penal Code

This section talks about Right of private defense against the act of a person of unsound mind, etc. The right of private defense also exists in cases which would not result into an offense due to the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on behalf of the person. Every person has the same right to private defense against the act which he would have if the act was an offense.

Section 99 of Indian Penal Code

Section 99 limits the exercise of the right of private defense. It lays down the various conditions under which the right of private defense has to be exercised or invoked.

The first three clauses of section 99 provide that this right cannot be invoked when:

• a public servant acting in good faith exercises his legal duty not giving rise to a reasonable apprehension of death or grievous hurt,
• any person acting the direction of a public servant in good faith exercises his legal duty not giving rise to a reasonable apprehension of death or grievous hurt,
• reasonable time exists to resort help of public authorities.
• There must be reasonable grounds to b believe that the act done was done by a person under public authority.

Section 100 of Indian Penal Code

Sec 100 specifies seven situations in the exercise of the right to private defense of the body extend to causing death. The right of private defense of the body extends to the voluntary causing of death or of any other harm to the assailant if the offense is of nature herein described:

• Such an assault may reasonably cause the apprehension of death
• Such an assault may reasonably cause the apprehension of grievous hurt
• An assault with the intention of committing rape
• An assault with the intention of gratifying unnatural lust
• Assault having the intention of abducting or kidnapping
• An assault with the intention of wrongfully confining a person which may reasonably cause him to apprehend that he will not be able to take protection from public authorities for his release.
• An act or attempt to throw acid

Section 101 of Indian Penal Code

This section prescribes for when the right of self-defense extends to causing any harm other than death. If the offense is not of the nature mentioned in the above section, the right of private defense of the body does not extend to the voluntary causing of death to the assailant but does extend, to the voluntary causing to the assailant of any harm other than death.

Read Also: Voluntary Causing Hurt : Provision and Punishment

Section 102 of Indian Penal Code

Section 102 deals with Commencement and continuance of the right of private defense of the body. As soon as a reasonable apprehension of danger arises to the body from an attempt or threat to commit the offense even though the offense may not have been committed, the right of private defense commences. And it continues as long as the apprehension of danger to the body continues. This apprehension should be real and reasonable.

In Kala Singh case, the deceased was a strong man of a dangerous character. Previously in a fight with the accused, he threw the accused on the ground, pressed him hard and bit him. The accused took up a light hatchet and gave three blows of the same on the brute’s head. The deceased died after three days of this fight. It was held that the circumstances raised a strong apprehension of danger in the mind of the accused that he would be killed otherwise. This apprehension was real and reasonable and not timid and fancy, and so his exercise of the right of private defense is justified.

Section 103 of Indian Penal Code

This section provides for when the right of private defense of property extends to causing death. Whereas sec 100 provides for the exercise of the right of private defense of the body extends to causing death. The right of private defence of the property also extends to death when voluntarily caused or if any harm is caused in the form of an offense. Provided such an offense is in the form of the following descriptions, namely:

• Robbery
• House-breaking by night
• Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property
• Theft, mischief, or house-trespass

Section 104 of Indian Penal Code

It says that if the committing or attempting to commit any offense leads to the exercise of the right of self-defense, then such a right does not extend to the voluntary causing of death but extends to the voluntary causing to the wrongdoer of any harm other than death. Provided that the offense is not of any other nature as described in the previous section.

Section 105 of Indian Penal Code

Section 105 prescribes the commencement and continuance of the right of private defense of property. The commencement of the right of private defense of property takes place when a reasonable apprehension of danger to the property takes place. Continuation of this right against theft takes place until the offender affects his retreat with the property or the property has been recovered. Continuation of the right of private defense against robbery continues as long as the offender causes or attempts to cause to any person death or hurt.

Section 106 of Indian Penal Code Right

This section mentions that private defense against deadly assault when there is a risk of harm to an innocent person. If in the exercise of the right of private defense by a person against an assault causes reasonable apprehension of death, the defender so situated, cannot effectually exercise the right of private defense without risk of harm to an innocent person his right or private defense extends to the running of that risk.

The obstacle is the doubt which exists in the mind of the defender if he is entitled to exercise his right even when there is a possibility of some innocent persons being harmed by his actions. According to this Section, in case of an assault which causes a reasonable apprehension of death, if the defender is facing a situation where there exists a risk of harm to an innocent person, there is no restriction on him to exercise his right of defense, and thus he is entitled to run that risk.

Conclusion

The right of private defense is a weapon to the citizens of India for their self-defense but is often used by many people for evil purposes or unlawful purposes. It is the court’s duty to make sure if the right was exercised in good faith or not.

The extent to avail the right of private defense depends on the real apprehension of danger and not on actual danger. This right can be extended only in some situations to a certain degree. The amount of force to be used should only be the amount necessary to counter the attack.