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White Collar Cyber Crime v. Blue Collar Crime

White Collar Cyber Crime v. Blue Collar Crime

Cyberspace is virtual world where everything is present but no one present, in other words we can also say it is a world of fictitious bodies, who enter do work , play, chit chat and go away but not physically. This fast moving nowhere present world is now effecting the present moving world and the effect is so deep that the present world’s entire crime can actually be performed in virtual world. But a very big question arises that how to control this crime, as neither the crime nor the criminal is traceable easily being virtual. Another big issue is that which law shall be applied whether new law for new crime or old tested law for virtual world crime. In India for dealing traditional crimes Indian Penal Code, 1860 is sufficient and for cyber crime where computer is either tool or target Information Technology Act, 2000 is present. The author has tried to deal with all the issues in detailed manners which are raised here. Author has also dealt with some new types of cybercrime which are upcoming in today’s world.
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MARITAL RAPE UNDER INDIAN LAW: A STUDY

MARITAL RAPE UNDER INDIAN LAW: A STUDY

The dictionary meaning of word rape is “the ravishing or violation of a woman.” The rape victim i.e. a woman as woman cannot commit rape due to biological reasons. 6 Rape is one of the most abhorrent crimes against a woman. 7 It is one of the most violent crimes on the earth. 8 It is a crime against humanity. It is the violation of Constitutional Right to Life of a woman. Rape is criminalized by Indian Penal Code except marital rape. Section 375 of the Indian Panel Code provides rape as "sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 16 years of age." According to this definition consent or will have great importance in deciding sexual intercourse as rape. It is the major parameter in rape to determine the liability of the accused. 9 A consent is not such a consent as is intended by any section of Indian Penal Code, if it is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or consent of insane person. Consent of insane person is the consent given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or Consent of child. Consent of child is, unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age. 10 Section 375 rules out the possibility of marital rape when the age of wife is above fifteen years. On the other hand, if the girl is not the wife of the man, but is below sixteen, then the sexual intercourse even with the consent of the girl amounts to rape. 11 According to Section 375 unwanted intercourse with an unmarried lady or married lady except by her husband is rape but what about married lady if the unwanted intercourse is done by her husband. The concept of marital rape does not exist in India. 12 Here it appears that we are creating discrimination in rape committed with unmarried lady and rape committed with married women (15 years of age and above) by her husband.
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Victims of Acid-Attack in India - Remedies and Rehabilitation

Victims of Acid-Attack in India - Remedies and Rehabilitation

In such matters, the existing provision under Indian penal code does not dealt with an adequate manner. Such type o offences were treated as offences as grievous hurt. So that voluntarily causing grievous hurt by dangerous weapons or means was not so effective in dealing with this heinous crime because it does not include acid-attack. To check acid–attack, the 18 th law commission 11 of India which was headed by Justice A.R. Lakshmanan, proposed the new sections 326-A and 326-B in the Indian penal code because of section 326 does not deal adequately the incidence o acid- attack.:- 12 -It does not cover the various kinds of injuries inflicted because of an Acid- attack;
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Bank Fraud - Types And Prevention

Bank Fraud - Types And Prevention

To maintain uniformity in fraud reporting, frauds have been classified on the basis of types and provisions of the Indian Penal Code, and the and the reporting guildelines for the same has been prescribed by RBI The Reserve Bank of India classifies Bank frauds in the following catgories: -

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Convicts and coolies : rethinking indentured labour in the nineteenth century

Convicts and coolies : rethinking indentured labour in the nineteenth century

Though the potential migrants interviewed by Pitcher clearly interpreted their sea voyage in relation to both its association with penal transportation and the caste pollution it invoked, I would not like to suggest that such an outlook was socially or culturally static and unchanging. There is a great deal of evidence to suggest that convicts had highly variable attitudes to the prospect of travelling by sea, and that they changed over time and were informed through (rather than causally associated with) complex combinations of religion, community, and status. 65 Migrants too had different feelings about ocean voyages. Surgeon superintendents charged with their welfare reported commonly that after a few days at sea migrants ate all kinds of food, including meat. One of the captains who corresponded with Mouat in 1858, John Lawson, noted that migrants had few or no dietary requirements: ‘They would have eaten food from my table’, he reported. 66 The medical superintendent of emigration to Mauritius, Arthur Payne, reported later on that he believed that during voyages ‘caste prejudice is greatly abandoned’, and ‘a majority of the Emigrants use meat with avidity and advantage’. 67
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A brief study on women problems in India

A brief study on women problems in India

 Status of widows: Widows are considered as worthless in the Indian society. They are treated poorly and forced to wear white clothes. In the ancient Indian society women were adored and worshiped as goddesses. However in the middle age, the status of women got down to a great extent. Women are considered in the society only to perform duties like bring up children, caring every family member, and other household activities. There are old and traditional faiths of people coming out for years that men are for thy field whereas women are only for the home. Now-a-days, women are breaking all the barriers of social issues and problems against them in the society. They are getting ahead and enjoying equality of status in almost all fields because of being financially independent and economically sound.
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The Philosophical Foundation Of The Corporation As A Legal Subject In Environmental Crime

The Philosophical Foundation Of The Corporation As A Legal Subject In Environmental Crime

In the Indonesian Criminal Code, there is not a single article that determines the perpetrators of non-human criminal acts. The establishment of the Criminal Code that only human beings who can be burdened with criminal responsibility is due to the existence of adagium actus non facit reum, nisi mens sit rea meaning "no crime without error", this adage is universally embraced in criminal law. This adage argues that one must have a state of mind or a mens rea that is directly related to the act. It is this view which then holds that corporations without heart can not be burdened with criminal responsibility. But as you know, corporations exist not only for granted, but certainly there are those who founded the corporation, and who founded the corporation that later had the heart. This thought then gave rise to the opinion that corporations can also serve as perpetrators of criminal acts. And along with human and social development of society also, the law must also seek new ways to cover the gaps that may occur that can cause economic instability, social and cultural society considering the law is as an umbrella for the justice seekers.
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Towards Globalization of Criminal Legislation: French Criminal Legislation as a Model

Towards Globalization of Criminal Legislation: French Criminal Legislation as a Model

The European Council conventions are observed to give more preference to “harmonize national legislation”. International court model organized in Europe, here domestic judges and international judges work together to generate legal rules [2]. Thus, there are many international conventions, ratified by the States to stunning convergence, and this convergence takes place on two levels [37]. Sometimes, the text is restricted to convention to take some particular texts by signatory States, which seems to be free in the formulation of words required. The same has justified in the case of International Convention against torture, which provides the states with “legislative measures to prevent the commission of acts of torture” in its territory. Moreover, according to article (222-1) of French Penal Code, the subjection of a person to the acts of barbarity or torture is punished by the criminal imprisonment for 15 years. Besides this, the European Convention has been held in Strasbourg regarding the transfer of convicted persons, during 21/03/1983, which led before they have been placed under force. The date of law is 21/12/1984, which has been added to the French criminal proceedings Substances Act (713-1) to (713-8). Besides this, the decision framed for the European Union of 13 June 2002, also required to be reminded on the basis of request that has been made by European arrest warrant. With respect to the law of transport on 09/03/2004, another solution has been identified in relation to other decision frames for some crimes. On the other hand, when considering the convention text, it has been evaluated that this text sometimes goes beyond by drafting, which allows the signatory States to adopt it exactly in the same way. [21] This is a significant agreement of illegal Act (illicit ententes), which drafts semi-similar Article (85-1) related to the Rome Convention of 1957. The explanation about the freedom of competition and prices can be observed from Article 7 on the Decree of 1 December 1986. Target agreements (les ententes) are the themes or effect of prevention, restriction, or disrupt the procedure of competition, which is presented in Article (420-1) from French competition law. There is no doubt that the study of comparative law is very useful, which seems to emphasize on the efforts for the globalization or unification of penal legislation by considering international conventions.[38] The aim of writing for this topic is to evaluate the globalization of criminal legislation by acknowledging the French legislation model and the penal code.
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ANALYSIS THE LAW FOR PREVENTION OF ATROCITIES AGAINST  SCHEDULED CASTES AND SCHEDULED TRIBES

ANALYSIS THE LAW FOR PREVENTION OF ATROCITIES AGAINST SCHEDULED CASTES AND SCHEDULED TRIBES

The problem of atrocity against Scheduled tribes in Indian is one important problem relating to scheduled tribes who cannot be ignored. The depressed class in the Indian society have been victims of humiliation, torture and exploitation for thousands of years. In spite of the all legislative measure adopted in favour of scheduled caste and Scheduled tribes in society after independence of India. Generally the scheduled tribes gradually become economic independence while spreading the education. The abolition of untoucabilites and forbidden discrimination guaranteed by Article 17 and founding fathers while enacting the Constitution of India along with its Preamble. For this purpose, the secondary data from law books, law articles, law journal, newspaper etc. have been used.
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Statistics in Focus: Population and social conditions  Crime and Criminal Justice, 2006 2009  2012 6

Statistics in Focus: Population and social conditions Crime and Criminal Justice, 2006 2009 2012 6

The figures for total crime( 3 ) include offences against the penal or criminal code. Less serious crimes (misdemeanours) are generally excluded. In most EU countries, crime levels have been decreasing consistently since about 2002 (see Figure 2). This trend continued in the EU as a whole in the period 2006 to 2009, though the tendency was upwards in a number of individual Member States, including Romania, Luxembourg, Denmark, Sweden, Portugal and Finland. Rises were also recorded in Iceland and Liechtenstein. The countries where the decrease in total crime has remained most noticeable since 2006 are Malta, the United Kingdom, Greece, Poland and Cyprus. But underlying these general tendencies there are considerable differences in the development of specific types of crime.
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AN ANALYSIS OF MALIMATH COMMITTEE REPORT ON CRIMINAL JUSTICE SYSTEM IN PERSPECTIVE OF HUMAN RIGHTS

AN ANALYSIS OF MALIMATH COMMITTEE REPORT ON CRIMINAL JUSTICE SYSTEM IN PERSPECTIVE OF HUMAN RIGHTS

challenged; with uphold the constitutionality, majority judges had identified the danger inherit in the section. Justice K. Ramaswamy in his dissenting judgment opined that section 15 of TADA was unconstitutional and it was violating the articles of 14, 21 and 50 of the Indian Constitution. On the contrary, he was also opined that the legislature could make different certain procedure for the terrorist with clarification that such procedure must meet the tests enshrined under Article 21of Indian Constitution. If the power would be given to the superintendent of police or the officer of the above rank they also have same inherent interest to solve crimes and also can use the harshness and torture. Such practice will lose the public confidence and leads against the rule of law. Moreover, the threat to use torture and coercion will increase to obtain confession which is inconsistent with the international standard enshrined in article 14(3) (g) of ICCPR which says that ‘everyone shall be entitled to the guarantee of not being compelled to testify against himself or to confess guilt.’ The same provision can be seen in Article 20 (3) of Indian Constitution. This recommendation is also endangered to ‘no one is subjected to torture or to inhuman or degrading treatment or punishment’ 8
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Critical Analysis of Mandatory Death Penalty under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Critical Analysis of Mandatory Death Penalty under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

In Indiadeath penaltyis given to the convicts only in case of heinous crime like murder, rape, waging war against state, abetting the suicide of an unsound person or a child or abetting mutiny by a number of armed forces. Indian Judiciarybelieves in the rehabilitation of the accused and in deterrence which act as the instrument which restricts the criminals from committing the crime in fear of death penalty. The provisions related to mandatory death penalty should be replaced by “may be punishable with death penalty or life imprisonment.” Till now all the statutes dealing with mandatory death penalty has either been held unconstitutional or it has beenreplaced by “may be punishable with death or life imprisonment” except for Section 3(2) (i) of SC/ST Prevention Act. Therefore, this research paper deals with the constitutionality of this impugned section.
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Law Relating To Sedition in India

Law Relating To Sedition in India

The Constitution of India gives freedom of speech and expression to every citizen under Article 19(1) (a). However this freedom is not absolute and reasonable restriction can be imposed on freedom of speech and expression on the grounds mentioned in Article 19(2). On the other hand Section 124A of Indian Penal Code punishes a person for the offence of Sedition when he by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India. From the very inception of Section 124A into IPC, it has been alleged that section has no place in a democracy and it infringes upon the fundamental right guaranteed under article 19 of our constitution. This paper attempts to highlight the lacunas in the definition of Section 124A of IPC and attempts to bring forth its correct interpretation according to the spirit of Indian Constitution with the help of judicial interpretation on the law of sedition. A case is made for the argument that even though it can be conceded that law of sedition has off late been misused by the authorities but considering the geopolitical situation and insurgency in North-East India, The red corridor and the Kashmir valley ,scrapping the law altogether by wildly imitating other countries who have so done might not be a good option because the geo-political situations in other countries are different from ours and comparing them would be like comparing apples and oranges. Thus instead of repealing the law altogether it would be a wise decision to ensure that it is not misused and is used only in the rarest of rare situations
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Attitudes and perceptions of medical doctors towards the local health system: a questionnaire survey in Ecuador

Attitudes and perceptions of medical doctors towards the local health system: a questionnaire survey in Ecuador

Table 4 shows the results on the opinions of the public health system in the country. Most of the respondents knew what the Public Integrated Network of Healthcare Services (RPIS) was, but they were not aware of the con- tents of the National Code of Health (COES) under de- bate in the National Assembly which regulates the National Health System. Most (79%) agree on the neces- sity to implement regulations to diminish malpractice in the country. 71.8% of respondents refer to limitations of the National Essential Medicines chart, especially on the availability of some drugs. Over half of the physicians (55%) think that generic drugs available in the country are of poor quality. Approximately 29% of the partici- pants were not willing to assist patients in the public health system at no cost.
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