Friday, January 25, 2013
Wednesday, January 23, 2013
Right of inherintence of property in case of a Hindu male died intestate
Situation:
Family- Husband, Wife, three children.
Event - Husband died intestate.
Right of Inheritance = Wife will take one share, Each child will take one share.
In effect, the property will be divided in to four shares.
Situation:
Family- Husband, Wife, two children and mother of husband.
Event - Husband died intestate.
Right of Inheritance = Wife will take one share, Each child will take one share,
Mother of the husband will take one share.
In effect, the property will be divided in to four shares.
Family- Husband, Wife, three children.
Event - Husband died intestate.
Right of Inheritance = Wife will take one share, Each child will take one share.
In effect, the property will be divided in to four shares.
Situation:
Family- Husband, Wife, two children and mother of husband.
Event - Husband died intestate.
Right of Inheritance = Wife will take one share, Each child will take one share,
Mother of the husband will take one share.
In effect, the property will be divided in to four shares.
Tuesday, January 22, 2013
Thursday, January 17, 2013
NEW AMENDMENT IN CRIMINAL LAW -BILL PENDING
THE CRIMINAL LAW (AMENDMENT) BILL, 2012
A BILL further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973
and the Indian Evidence Act, 1872.
BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Criminal Law (Amendment) Act, 2012.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Short title and commencement.
Bill No. 130 of 2012
AS INTRODUCED IN LOK SABHA
CHAPTER II
AMENDMENTS TO THE INDIAN PENAL CODE
2. After section 166 of the Indian Penal Code (hereafter in this Chapter referred to as
the Penal Code), the following section shall be inserted, namely:—
“166A. Whoever, being a public servant,—
(a) knowingly disobeys any direction of the law which prohibits him
from requiring the attendance at any place of any person for the purpose of
investigation into an offence or any other matter, or
(b) knowingly disobeys, to the prejudice of any person, any other direction
of the law regulating the manner in which he shall conduct such investigation,
shall be punished with imprisonment for a term which may extend to one year, or with
fine, or with both.”.
3. After section 326 of the Penal Code, the following sections shall be inserted,
namely:—
‘326A. Whoever causes permanent or partial damage or deformity to, or burns
or maims or disfigures or disables any part or parts of the body of a person or causes
grievous hurt by throwing acid on or administering acid to that person, with the
intention of causing or with the knowledge that he is likely to cause such injury or
hurt, shall be punished with imprisonment of either description for a term which shall
not be less than ten years but which may be for life and with fine which may extend to
ten lakh rupees:
Provided that any fine imposed under this section shall be given to the person
on whom acid was thrown or to whom acid was administered.
326B. Whoever throws or attempts to throw acid on any person or attempts to
administer acid to any person, with the intention of causing permanent or partial
damage or deformity or burns or maiming or disfigurement or disability or grievous
hurt to that person shall be punished with imprisonment of either description for a
term which shall not be less than five years but which may extend to seven years and
shall also be liable to fine.
Explanation.—For the purposes of sections 326A and 326B, “acid” includes
any substance which has acidic or corrosive character or burning nature that is
capable of causing bodily injury leading to scars or disfigurement or temporary or
permanent disability.’.
4. In section 354 of the Penal Code, for the words “shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine, or with both”,
the words “shall be punished with imprisonment of either description for a term of one year
which may extend to five years and shall also be liable to fine which may not be less than
one thousand rupees” shall be substituted.
‘375. A person is said to commit “sexual assault” if that person—
(a) penetrates, for a sexual purpose, the vagina or anus or urethra or
mouth of another person with—
(i) any part of the body including the penis of such person; or
(ii) any object manipulated by such person,
except where such penetration is carried out for proper hygienic or medical
purposes;
(b) manipulates any part of the body of another person so as to cause
penetration of the vagina or anus or urethra or mouth of such person by any
part of the other person’s body;
(c) engages in “cunnilingus” or “fellatio”,
under the circumstances falling under any of the following six descriptions:—
Firstly.—Against the other person’s will.
Secondly.— Without the other person’s consent.
Thirdly.— With the other person’s consent when such consent has been
obtained by putting such other person or any person in whom such other person is
interested, in fear of death or of hurt.
Fourthly.—When the person assaulted is a female, 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 to be lawfully married.
Fifthly.—With the consent of the other person when, at the time of giving such
consent, by reason of unsoundness of mind or intoxication or the administration by
that person personally or through another of any stupefying or unwholesome
substance, the other person is unable to understand the nature and consequences of
that action to which such other person gives consent.
Sixthly.—With or without the other person’s consent, when such other person
is under eighteen years of age.
Explanation I.—Penetration to any extent is “penetration” for the purposes of
this section.
Explanation II.—For the purposes of this section, “vagina” shall also include
labia majora.
Exception.—Sexual intercourse or sexual acts by a man with his own wife, the
wife not being under sixteen years of age, is not sexual assault.
376. (1) Whoever, except in the cases provided for by sub-section (2), commits
sexual assault, shall be punished with imprisonment of either description for a term
which shall not be less than seven years but which may extend to imprisonment for
life and shall also be liable to fine.
(2) Whoever,—
(a) being a police officer, commits sexual assault—
(i) within the limits of the police station to which such police officer
is appointed; or
(ii) in the premises of any station house; or
(iii) on a person in such police officer’s custody or in the custody
of a police officer subordinate to such police officer; or
(b) being a public servant, commits sexual assault on a person in such
public servant’s custody or in the custody of a public servant subordinate to
such public servant; or Punishment for sexual assault.
(c) being on the management or on the staff of a jail, remand home or
other place of custody established by or under any law for the time being in
force or of a women’s or children’s institution, commits sexual assault on any
inmate of such jail, remand home, place or institution; or
(d) being on the management or on the staff of a hospital, commits sexual
assault on a person in that hospital; or
(e) being a relative of, or a person in a position of trust or authority
towards, the person assaulted, commits sexual assault on such person; or
(f) commits sexual assault on a woman knowing her to be pregnant; or
(g) commits sexual assault on a person when such person is under
eighteen years of age; or
(h) being a member of a group of persons having a common intention and
in furtherance of that intention commits sexual assault; or
(i) being in a position of economic or social or political dominance,
commits sexual assault on a person under such dominance; or
(j) commits sexual assault on a person suffering from mental or physical
disability; or
(k) while committing sexual assault causes grievous bodily harm or maims
or disfigures or endangers the life of a person; or
(l) commits persistent sexual assault,
shall be punished with rigorous imprisonment for a term which shall not be less than
ten years but which may extend to imprisonment for life and shall also be liable to
fine.
Explanation 1.—For the purposes of this sub-section,—
(a) “women’s or children’s institution” means an institution, whether called an
orphanage or a home for neglected women or children or a widow’s home or an
institution called by any other name, which is established and maintained for the
reception and care of women or children;
(b) “hospital” means the precincts of the hospital and includes the precincts of
any institution for the reception and treatment of persons during convalescence or of
persons requiring medical attention or rehabilitation.
Explanation 2.— Where a person is subjected to sexual assault by one or more
persons in a group of persons acting in furtherance of their common intention, each
of the persons in the group shall be deemed to have committed sexual assault within
the meaning of this sub-section.
376A. Whoever commits sexual assault on his own wife, who is living separately
under a decree of separation or under any custom or usage, without her consent, shall
be punished with imprisonment of either description, for a term which shall not be less
than two years but which may extend to seven years and shall also be liable to fine.
376B. Whoever,—
(a) being in a position of authority; or
(b) a public servant; or
(c) superintendent or manager of a jail, remand home or other place of
custody established by or under any law for the time being in force, or a women’s
or children’s institution; or
(d) being on the management of a hospital or being on the staff of a
hospital,
THE REGISTRATION OF BIRTHS AND DEATHS BILL 2012
The Registration of Births and Deaths (Amendment) Bill, 2012 seeks to amend the
Registration of Births and Deaths Act, 1969 (18 of 1969) so as to provide for registration of
marriages irrespective of religion professed and practiced by the parties to the marriage. At
present the Registration of Births and Deaths Act, 1969 provides only for the regulation of
registration of births and deaths and for matters connected therewith.
2. The Hon’ble Supreme Court in Seema Vs. Ashwani Kumar (AIR 2006 SC 1158) in its
judgment dated 14-02-2006 has directed the Government that marriages of all persons who
are citizens of India belonging to various religious denominations should be made
compulsorily registrable in their respective States where such marriages are solemnised and,
inter alia, directed that as and when the Central Government enacts a comprehensive statute,
the same shall be placed before that Court for scrutiny.
3. The Committee on Empowerment of Women (2006-2007) in its Twelfth Report
(Fourteenth Lok Sabha) on Plight of Indian Women Deserted by Non Resident Indian (NRI)
Husbands presented to Lok Sabha on the 13th August, 2007, has, inter alia, expressed the
view that all marriages, irrespective of religion should be compulsorily registered and desired
that the Government to make registration of all marriages mandatory, making the procedure simpler, affordable and accessible.
Draft Bill
NEW LAW TO BE IN FORCE SOON, FOR THE REGISTRATION OF BIRTHS AND DEATHS IN INDIA- IRRESPECTIVE OF RELIGION
Wednesday, January 16, 2013
Taking photo graph of women is an offence..if it violates her privacy. KERALA POLICE ACT SECTION 119
Article on the issue of capturing photographs of women ..
Taking photo graph of women is an offence..if it violates her privacy. KERALA POLICE ACT SECTION 119
Monday, January 14, 2013
VICTIM LIAISON OFFICER - KERALA POLICE
The new concept of victim liaison officer, adopted by Kerala Police is indeed a beneficial move. The aim of this project is to be in touch with the victims in crime and give them moral support for a successful prosecution. A special circular has been issued by the Kerala Police in this regard.
Click below for the full text of the circular...
THE CONCEPT OF VICTIM LIAISON OFFICER - AN INITIATIVE BY KERALA POLICE
Tuesday, January 1, 2013
sexual harassment - love affair - investigation ...article.
The crimes against women are increasing day by day. The mode of crimes are different and even the victim cannot realize it during the beginning stages. Several love affairs are resulted in harassment. Though the cases under section 376 of IPC (RAPE) are charged against the accused in these cases, the issue of "consent" will be a strong defense. It need to be covered under the provision, that the consent was given under the misconception of fact of love and marriage. An article, with some reality is narrated herein the attached link.
A love affair ended in harassment and criminal investigation- Article
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