Legal Sarcasm

POCSO: Accused convicted within a month of filing charge sheet RISHI KHANDELWAL BACKGROUND POCSO or The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was established to protect the children against offences like sexual abuse, sexual harassment and pornography. It was formed to provide a child-friendly system for trial underneath which the perpetrators could be punished. The Act defines a child as any person below eighteen years of age. It also makes provisions for avoiding the re-victimization of the child at the hands of the judicial system. Protection of Children from Sexual Offences Act, 2012 received the President’s assent on June 19, 2012. It was notified in the Gazette of India on June 20, in the same year. The Act also makes it mandatory to report such cases. It makes it the legal duty of a person aware of the offence to report the sexual abuse. In case he fails to do so, the person can be punished with six months’ imprisonment or fine. The A...

DELHI HC UPHOLDS ACQUITTAL OF RAPE ACCUSED -Deepakshi Bhalla BACKGROUND Section 375 of the Indian Penal Code defines the heinous offense of Rape . According to this section- A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:- (Firstly) - Against her will. (Secondly) - Without her consent. (Thirdly) - With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. (Fourthly) - With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. (Fifthly) - With her consent, when at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him p...

RAPE VICTIMS HAVE A REPRODUCTIVE CHOICE UNDER ARTICLE 21: BOMBAY HC BY- RAHUL AGARWAL BACKGROUND In 2017 the Puttaswamy judgment in K.S. Puttaswamy v. Union of India "specifically recognized the constitutional right of women to make reproductive choice, as a part of personal liberty under Article 21 of the Indian Constitution" which gave the same to rape victims. In this landmark judgment, a bench of nine judges held right to privacy as fundamental rights a key aspect of this personal autonomy is reproductive rights, which entail rights to make sexual and reproductive decisions, as recognized by the 1994 United Nations International Conference on Population and Development. The bench mentioned the position adopted by a three-judge bench in  Suchita Srivastava v Chandigarh Administration  (2009), which held that reproductive rights include a woman’s entitlement to carry a pregnancy to its full term, to give birth, and to subsequently raise children; ...

BREAKING: GANG RAPE AND MURDER OF A MINOR GIRL                                                                                           APPORV PAL  BACKGROUND: Death sentenced was given by the Supreme Court to a man who was accused in the gang rape and murder of minor girl child, aged about 10yrs, and the murder of the girl child and his brother The accused was involved in the gang rape and murder of a minor girl child and his brother. He was given the death penalty by the trial court as well as the High court also gave him the death penalty. He further approached the Supreme Court to remove the death penalty but after going through the issues involved and the facts the Supreme Court upheld the order of the High Court by giving him the death ...

KATHUA RAPE & MURDER CASE- NOTICE TO ENHANCE PUNISHMENT -Tushika Priyadarshini BACKGROUND: There was immense country-wide violence succeeding the incident where a nomadic minor girl was kidnapped on January 10, 2018, and allegedly gang-raped in custody in a small village temple in Kathua district afterward being retained sedated for four days. Her injured body was found in a forest on January 17. She was later bludgeoned to death. The abduction, rape, and killing of the child were part of a wisely planned strategy to get rid of the minority nomadic community from the area, the charge sheet stated. The case sparked outrage through the state, compelling the government to hand over the case to the Crime Branch of Jammu and Kashmir Police. On the 7th of May Supreme Court shifts the trial from Kathua to Pathankot in Punjab . READ ALSO:  RESPONDENT'S RIGHT TO CROSS-OBJECTION- DIRECTS SC A special court in Pathankot convicted six of the seve...

MYSTERY BEHIND THE JAIPUR RAPE CASE RAHUL AGARWAL BACKGROUND India is a country where women hold high status in the society but still we do not have strict measures to protect them. We have various laws strictly framed to protect their life but seemed to have many loopholes. Rape is considered as a most heinous crime done on women and statistics states that it is quite prone in India. We have various laws to regulate such heinous crime but when it comes to the implementation part, we lack somewhere or we need to make an attempt to have a hold upon it. Thus, abruptly leads in interpreting the crime in a diversified way which sometimes even leads to miscarriage of justice. The change in the definition of rape is due to the liberal interpretation of the term. It is the need of the hour and we have to move according to the present scenario. Legislature and judiciary are trying to curb this issue-defining these terms in a more concrete manner. It is expedient to change ...

 THE KATHUA RAPE AND MURDER CASE ANUSHA AGARWAL THE KATHUA RAPE AND MURDER CASE (BACKGROUND) Father of the eight-year-old Nomadic bakerwal girl, who was raped and murder in Jammu and Kashmir Kathua in January last year.   On 7th of May Supreme Court shifts the trial from Kathua to Pathankot in Punjab. The District and session judge of Pathankot convicted 6 accused leaving Vishal giving him a benefit of doubt on the basis of his plea of alibi that he was giving exam at his college in Muzzafarnagar (UP). Accused were charged with rape and murder. Trial for a juvenile is pending before the high court. Sanji Ram, Deepak Khajuria and Parvesh Kumar have been sentenced to life imprisonment under section 302 ( murder ) of Ranbir Penal Court and 25 years separately for the offence of gang rape under section 376D of the code. The other 3 accused Tilak Raj, Anand Dutta and Surender Verma were sentenced to five years in jail for destroying crucial evidence in a case ...

Kathua Rape Case Judgement And Laws In India Against Rape VASUDHA BACKGROUND Rape is a sexual assault or forcefully performed sexual intercourse with someone. The Kathua rape case judgement has attracted the people to revisit their perceptions considering laws in India against rape. According to Indian Penal Code, rape is committed by a man against women when he, against her will and without her consent, or when she is intoxicated engages in any sexual act with her or inserts any object or part of the body into her vagina or makes her do so. Rape as a crime had always been there in all the societies although the definition and punishment for it was never the same. the issue came more into limelight after the Kathua Rape Case Judgement came from the court. The Actus Reus of the crime, that was accepted, was insertion of penis into vagina and that is the sole reason why the very notion of woman forcing a man into sex was rejected by the society. But as society evo...

Sex After Obtaining Consent By False Promise To Marry Is Rape  Vagish Yadav,Lucknow Background Rape is a horrendous crime and it impacts the victim to its core. It shackles the victim and is a wrong against the society. A welfare state is one where the development of every individual to its best is strived for and frequency of occurrence of such crimes is mitigated. Such crimes are further not compoundable as the loss is irreparable. Principles like liberty and equality are well founded for the people and progressive rights are developed. Humans have gone far enough to develop the fourth generation human rights with constant development and awareness. Our constitution is also termed as a living constitution for the same reason as the organic nature helps the constitution to grow with the progressive society and to recognize the rights of the individuals and promote their welfare. Hence, crimes brutal and inhuman like Rape lead the society to the downtrodden pat...