Category: Criminal

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

Ordinary jurisdiction of Criminal Court

It is strenuously urged that to consider a foreigner guilty under the Penal Code for an offence committed in India though attributable to him and to punish him therefor in a case where he is not corporeally present in India for the commission of the offence, would be to give extra territorial operation to the Indian Penal Code and that an interpretation which brings such extra-territorial operation must be avoided.

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.

What is the difference between sec 156 and Sec 202 of Cr.P.C ?

Advocate

The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of Cr.P.C. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR.