Blog by Niti Manthan
Facilitating young minds towards holistic development.
How often do we come across news where police refuse to register FIR citing jurisdiction issues? Not too far away, the incidence of gruesome and dastardly rape of a woman in Hyderabad burnt to death by the perpetrators shook the entire nation. But a bigger blot existed in the way two of the police stations refused to register FIR citing it to be outside their jurisdiction. Crucial time was lost. The crime was done. A pandora box could be opened on this issue. The question remains perpetual as to whether police can refuse to register an FIR. Thus, this article focuses on the concept of zero FIR.
Arrest, being an important tool in criminal law, serves the purpose of presenting the offender before the court so as to prevent him/her from escaping and committing any subsequent crime. Of course, an arrested person has certain rights such as a right to fair trial and that his arrest must not be without any reasonable cause. In this regard, the Apex Court in the case of Joginder Kumar v. State of Uttar Pradesh held:
“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so.”
The Code of Criminal Procedure, 1973 contains the law relating to arrest in India which is of course subject to Articles 21 and 22 of the Indian Constitution. This Article exhaustively discusses the provisions relating to arrest in the Indian context.
Women criminality rates have increased drastically since last few decades globally. This article tries to analyse some of the various factors which contribute and accelerate the criminality amongst women. It also tries to examine the nature of the crimes committed by women and how it is different from the traditional crimes committed by them. Lastly, this article also enlists certain measures that could be taken to potentially reduce the criminality rate amongst women in India.
Criminal law deals with the offences which are crimes against the government, society and public at large. The mental elements of a crime means the state of mind of a person while committing a crime. The burden of proof, validity of evidence, general exceptions and various judicial decisions are being discussed under this article.
The term victiomlogy is recent development in the area of law, through this terminology we studied the behaviour of victim and their contribution in the crime. Victim is the person who suffer harm physically and mentally both they are easy prey for the criminal. There is different theory of victimology which makes this terminology to understand in better way. It is subfield of criminology, as criminology deals with criminal & crime in victomolgy we study about the victims. In recent past in India victim rights has been given paramount importance & this concept become a leading area of study in criminal law.