Category: Criminal

This category collects the criminal laws of India and abroad. Multiple statutes have been analysed and several laws have ben explained.

Slavery and human trafficking offences under Modern Slavery Act 2015

United Kingdom

A person commits an offence if—

(a)the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or
(b)the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.

No offence under SC and ST Act unless the victim is insulted being a member of such caste

Hitesh Verma vs The State of Uttarakhand & Anr (05-11-2020) – Offence under the Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste. In the present case, the parties are litigating over possession of the land. The allegation of hurling of abuses is against a person who claims title over the property. If such person happens to be a Scheduled Caste, the offence under Section 3(1)(r) of the Act is not made out.

Conviction for “Dacoity” of less than five persons is not sustainable-Allhabad HC-09/07/2020

It is thus clear that for recording conviction of an offence of robbery, there must be five or more persons. In absence of such finding, an accused cannot be convicted for an offence of dacoity. In a given case, however, it may happen that there may be five or more persons and the factum of five or more persons is either not disputed or is clearly established, but the court may not be able to record a finding as to identity of all the persons said to have committed dacoity and may not be able to convict them and order their acquittal observing that their identity is not established.

PROFORMA FOR EXAMINATION OF RAPE ACCUSED (MALE)

PROFORMA FOR EXAMINATION OF RAPE ACCUSED (MALE) Requisition form_____________________of Police Station______________ vide his letter No.______ ___ __________Dated_______________________ Name (in full) _______________________________________ Age by appearance______________Sex____________M.L.C. No._________ Occupation_________________Address________________________________ Date of Examination______________ Time of Examination________________ […]

UNITED STATES OF AMERICA vs USAMA BIN LADEN-15/03/2000

Defendants are charged with numerous offenses arising out of their alleged involvement with an international terrorist organization led by Defendant Usama Bin Laden (“Bin Laden”). Presently before the Court are four motions, filed by Defendants Wadih El Hage (“El Hage”), Mamdouh Mahmud Salim (“Salim”), Mohamed Sadeek Odeh (“Odeh”), and Khalfan Khamis Mohamed (“K.K. Mohamed”) seeking an order compelling the Government to file a bill of particulars that is responsive to over 150 separate requests for information. For the reasons set forth below, those motions are granted in part and denied in part.

Personal consumption of drug or psychotropic substance in India

where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both