Tag: Indian Penal Code

  • ‘Go on Leave’ Sonia’s Fake Call, Fake Call Of Sonia

    Sonia Gandhi and Rajiv Gandhi.
    Sonia Gandhi and Rajiv Gandhi.

    There is a report that a woman faking the Congress President and de facto PM of India called the Attorney General of India Vahnavati to go on leave and indicated that plans were afoot to replace him.

    The Delhi Police verified this and found the call to have been made by a law officer of a PSU.

    No action has been taken as they are not sure under what section of IPC they could take action!

    CBI also confirmed its investigation of the affair.

    To help the Delhi Police I am quoting the relevant I.P.C.

    State Of U.P. vs Ram Dhani Pande Alias Dharni Dhar … on 24 October, 1986
    Showing the contexts in which section 419 ipc appears in the document

    Besides Section 471, I.P.C, the respondent was also charged and prosecuted for the offences Under Sections 419, 420, 466, 467 and 468 I.P.C. The learned Sessions Judge, however, found that the said charges had not been proved and, accordingly, acquitted him of the said charges. This government appeal is directed against the acquittal of the respondent for the aforesaid offences in respect of which he was acquitted by the lower court.

    So far as the charge Under Section 419 I.P.C. was concerned, it does not refer to cheating by forgery………………The accused personated himself as the brother of the Minister (of L.S.G.D.). That Minister had nothing to do with Engineering Department to which the appointing officers belonged. By introducing himself as the brother of LS.G.D. Minister, the accused could not have cheated the said officers. Those officers regarded the forged letters of the Irrigation and Power Minister as virtual orders. As such the cheating was made possible not by personation but by forgery.

    Section 419 in The Indian Penal Code, 1860
    419. Punishment for cheating by personation.– Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
    Reminds me of the Nagarvala case, when Nagarvala  was handed over Rs, 6500000 lakhs by SBI on the call purported to have been made by the then Prime Minister Indira Gandhi.
    The CBI officer Raghavan who was investigating the case was murdered.
    Story:
    Section 419 in The Indian Penal Code, 1860
    419. Punishment for cheating by personation.– Whoever cheats by impersonation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

    Delhi Police is likely to register an FIR and make arrests based on attorney general Goolam E Vahanvati’s complaint that a woman pretending to be Congress chief Sonia Gandhisought to bully him into going on leave and suggesting a replacement.

    Sources said the investigation conducted so far suggests that the woman caller, suspected to be an employee of BHEL who introduced herself to the law officer as Anita Gupta, secretary to the Congress chief, was hardly pulling off an innocent prank as she would call the AG after the hearing in the Supreme Court on the Coalgate scam.

    Source:

    http://articles.timesofindia.indiatimes.com/2013-09-24/india/42359464_1_ag-s-law-officer-woman-caller

    http://www.indiankanoon.org/docfragment/1977008/?formInput=section%20419%20ipc

    Related:

    Sonia Gandhi doesn’t have a valid degree. She was a waitress when Rajiv Gandhi met her. Her formal education is (i) Three years course in foreign languages (English & French) completed in 1964 at Istituto Santa Teresa, Turin, Italy (ii) Certificate in English from Lennox Cook School, Cambridge, U.K. completed in 1965.

    http://ramanisblog.in/2012/07/28/profile-of-sonia-gandhiwhat-we-do-not-know/

  • 153-A 295-A Of Indian Penal Code Hurting Hindu Sentiments

    The above is a Banner kept in Pudukotai Tamil Nadu where the Christians are posing as Aiyangars,a sect of Brahmins.

     

     

    Lord Subrahmanya is a Satan,-Christians.jpg
    Lord Subrahmanya is a Satan,-Christians

     

     

    Translation of the message in the Image.

     

    “Subrahmanya of Thiruchednur, is a Satan, let us pray for the Blind who worship” – Christian preacher.

    I posted an article on how Christians pose as Brahmins in a novel reprehensible act of  Religious Conversion.

    Mr.Anil Gupta sent in a comment quoting the relevant Indian Penal Code Sections and Numbers.

     

    I am furnishing the  Sections of the Act for filing cases against these Christian Audacity and the feeling that they can ge away with anything under the garb of Religious Freedom and Minority Status.

    The ridiculing of Hindus’Hinduism in Christian Channels also come under the ambit of the Law.

    Please watch local language Christian Channels like Angel TV,Asirvatham  TVin Tamil and other corresponding Channels in other Languages.

    This Law is applicable to Muslims and the Dravidian Parties as well.

    Sections 153-A and 295-A of Indian Penal Code.

     

    Section 153A in The Indian Penal Code, 1860
    153A. 1[ Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.–

    (1) Whoever-

    (a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill- will between different religious, racials, language or regional groups or castes or communities, or
    (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, 2[ or]
    (c) 2[ organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,] shall be punished with imprisonment which may extend to three years, or with fine, or with both.
    (2) Offence committed in place of worship, etc.– Whoever commits an offence specified in sub- section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]

    295A. 5[ Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.– Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 6[ citizens of India], 7[ by words, either spoken or written, or by signs or by visible representations or otherwise] insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 8[ three years], or with fine, or with both.]

    Application and Citations of this Law.

    . It is brought to our notice that author is an eminent literateur in the State who has written many books and made research in Vachana Sahitya. Therefore, we think it is just and proper that if the author intends to remove the offending portions from the book, it is open to him to file a proper petition before the Government and on filing such petition, in case if Government is satisfied that offending portion is removed from the book, the Government may consider the same and permit the petitioner by lifting ban. We will place on record that the Public Prosecutor fairly stated that if author is ready to remove the offending portion, the Government has no objection to lift the ban.

    46. In view of the considered finding mentioned above, no ground is made out by the petitioner to hold that the notification dated 26-9-1997 under Section 95 of the Act confiscating and proscribing the book “DHARMA KARANA” by the State Government is not just and proper.”

    Source:

    http://indiankanoon.org/doc/685524/

     

  • Gang Rape To Implicate Her Boy Friend’s Wife By The Victim

    On January 21 I posted a blog based on a News item from Zee News that a Punjab Girl was gang raped,Drugged, filmed and thrown out .

    Now the Police have found out that the Story was fabricated by the victim to frame her boy friend’s wife!

    Moral,.Never take a woman’s complaint for granted, cross check.

    Story:

    A Moga woman’s story of her kidnapping from Chandigarh and dumping here after gangrape in a moving car has turned out to false.

    She posed as victim to frame her boyfriend’s wife who had got her into prison on the accusation of attempted murder by poking with HIV-infected needles

    She was out on bail when she made up the story.

    Along with suspect Gurveer Kaur (24), the police have also arrested Rohtash Kumar, who claimed to have brought the woman to hospital in her unconscious state. Suspects Gurveer Kaur, Rohtash, Ramesh, and Sunil Kumar are charged under Sections 420 (cheating), 195 (submitting false evidence to get someone imprisoned for life), 211 (false charge with intent to injure) and 120-B (criminal conspiracy) of the Indian Penal Code (IPC).

    The plan also involved consensual sex between Gurveer Kaur and Rohtash Kumar to make it easy to prove rape.

    A year ago, Gurveer and her boyfriend, Sunil Kumar, were charged with torturing Sunil’s wife to the extent of sometimes even poking her with unsterilised needles, which gave her HIV-AIDS. The target became blind because of the repeated assault and on Friday, doctors at the Post Graduate Institute of Medical Education and Research (PGIMER) in Chandigarh operated on her eyes.

    In January last year, after the victim’s father took the matter to the Punjab director general of police, Gurveer and Sunil were charged with attempt to murder. In Abohar jail, they became friends with Rohtash and Ramesh and made them partners in the conspiracy.

    “All four suspects, including Sunil Kumar who is in jail, now are suspects in the fake gangrape case,” inspector general of police Nirmal Singh Dhillon said here on Monday. “A hunt is on for Ramesh. Gurveer Kaur and Rohtash had consensual sex to prove rape and put her enemies behind bars.

    http://www.reddit.com/tb/170cl8

    In a shocker a Girl was gang raped, filmed and was thrown out of a moving car.

    She is reported to be recovering in a Hospital.

    Where is the Police force?

    http://ramanisblog.in/2013/01/21/punjab-girl-gang-raped-drugged-filmed-thrown-out/

     

  • Rape Reforms, Complaint, Trial, Post-Delhi Gang Rape.

    Rape is a heinous crime that calls for a social rethink.

     

    Rape
    Rape

     

    The following points may be borne in mind.

     

    Procedure for lodging a Complaint.

     

    The procedure for Complaining about rape is just as in another case.

     

    You go to a Police Station, state  the case and get a First Information Report (FIR)

     

    As in other cases, there is jurisdictional red tape in accepting these complaints.

     

    This has to be made Jurisdiction Free and any Police Station must accept the case.

     

    Medical Test is now conducted, to be acceptable to the Court , is to be carried out by A Government Hospital.

     

    This procedure must change to enable Private Hospitals as well and all these Hospitals must have the  expertise and infrastructure to prepare the report.

     

    The Forensic Report must be complete within A week from the date of FIR.

     

    Trial

     

    Trials are long and tedious.

     

    To cut this short, no adjournments will be allowed in a Rape Case Trial.

     

    The Appeal time should be restricted to not more than 15 days.

     

    Initial Judgement must be delivered within 15 days from the Date of the  FIR with Forensic Report

     

    Punishment for the Rapists.

     

     

    It is normal to clamor for Death Sentence now, as we are too upset to think .

     

    The world is slowly doing away with death penalty .

     

    The punishment should be Life imprisonment, with no personal visits for the Culprit.

     

    Prevention of Rape.

     

    I have posted on the reasons for rape in India.

     

    The following points need elucidation.

     

    Just as one does not jay walk in the center of the Road, one must not go about in tempting clothes.

     

    Late night parties, Pub culture,Free outings with out some one who is related  or a close friend are some points worth noting.

     

    Freedom brings on Responsibility and an awareness of danger.

     

    Men and women must understand the basic nature of instincts, that of Sex and unless one is guarded one’s Life will be ruined.

     

    A note of caution.

     

    It is not ways true that all Rape complaints are genuine.

     

    As in Dowry cases the law may be used to settle scores.

     

    The circumstantial evidence must be examined carefully and the back ground of the man/woman must be examined thoroughly.

     

    We also have ‘Consensual  intercourse’ which is tricky;one can have it and later call it a Rape.

     

    This could happen in  married case also.

     

    To minimize the risk, a time frame of 72 hours must be  fixed for reporting a crime.

     

    Important of all is that you have your whole Life ahead of you and simply a moment sexual enjoyment.

     

    The highlights of the Bill include substituting sections 375, 376, 376A and 376B by replacing the existing sections 375, 376, 376A, 376B, 376C and 376D of the Indian Penal Code,1860, replacing the word `rape’ wherever it occurs by the words `sexual assault`, to make the offence of sexual assault gender neutral, and also widening the scope of the offence sexual assault.

    The punishment for sexual assault will be for a minimum of seven years which may extend to imprisonment for life and also fine for aggravated sexual assault, i.e., by a police officer within his jurisdiction or a public servant / manager or person talking advantage of his position of authority etc. The punishment will be rigorous imprisonment which shall not be less than ten years which may extend to life imprisonment and also fine.

    The age of consent has been raised from 16 years to 18 years in sexual assault. However, it is proposed that the sexual intercourse by a man with own wife being under sixteen years of age is not sexual assault. Provision for enhancement of punishment under sections 354 and 509 of IPC and insertion of sections 326A and 326B in the IPC for making acid attack a specific offence have been made….

     

    http://indialawyers.wordpress.com/?s=rape

     

    Rape Law Recommendation NCW (National Commission for Women).

     

    The highlights of the Bill include substituting sections 375, 376, 376A and 376B by replacing the existing sections 375, 376, 376A, 376B, 376C and 376D of the Indian Penal Code,1860, replacing the word `rape’ wherever it occurs by the words `sexual assault`, to make the offence of sexual assault gender neutral, and also widening the scope of the offence sexual assault.

    The punishment for sexual assault will be for a minimum of seven years which may extend to imprisonment for life and also fine for aggravated sexual assault, i.e., by a police officer within his jurisdiction or a public servant / manager or person talking advantage of his position of authority etc. The punishment will be rigorous imprisonment which shall not be less than ten years which may extend to life imprisonment and also fine.

    The age of consent has been raised from 16 years to 18 years in sexual assault. However, it is proposed that the sexual intercourse by a man with own wife being under sixteen years of age is not sexual assault. Provision for enhancement of punishment under sections 354 and 509 of IPC and insertion of sections 326A and 326B in the IPC for making acid attack a specific offence have been made….

     

    Any man who with a sexual purpose, touches, directly
    or indirectly, with a part of the body or with an object, any part of the body of a
    woman, without the consent of such woman, shall be punished with simple
    imprisonment for a term which may extend to three years or with fine or with both.
    Provided that, if the man is related to the woman, he shall be punished with
    imprisonment of either description for a term which may extend to 7 years and with fine”.
    2(a) Whoever, with a sexual purpose, touches, directly or indirectly, with a part of
    the body or with an object any part of the body of a minor, or
    (b) Whoever, with a Sexual purpose, invites, counsels or incites a minor to touch,
    directly or indirectly, with a part of the body or with an object, the body of any
    person, including the body of the person who so invites, counsels or incites or
    the body of the minor.
    Shall be punished with imprisonment of either description which may extend to five
    years and shall also be liable to fine.
    (3) Whoever being in a position of trust or authority towards a minor or being a
    person with whom the minor is in a relationship of dependency,
    (a) touches, directly or indirectly, with a sexual purpose, with a part of the body or
    with an object, any part of the body of such minor or
    (b) With a sexual purpose, invites, counsels or incites a minor to touch, directly or
    indirectly, with a part of the body or with an object, the body of any person,
    including the body of the person who so invites, counsels or incites or the
    body of the minor…

    The proposed section 53A shall read as follows:
    “53A.(1) When a person accused of any of the offences under sections 376, 376A, 376B,
    376C, 376D or 377 or of an attempt to commit any of the said offences, is
    arrested and an examination of his/her person is to be made under this section,
    he/she shall be sent without delay to the registered medical practitioner by
    whom he/she is to be examined.
    (2) The registered medical practitioner conducting such examination shall without
    delay examine such person and prepare a report specifically recording the
    result of his examination and giving the following particulars:

    (i) the name and address of the accused and the person by whom he was
    brought,
    (ii) the age of the accused,
    (iii) marks of injury, if any, on the person of the accused, and (iv)Other
    material particulars in reasonable detail.
    (3) The report shall state precisely the reasons for each conclusion arrived at.

    (4) The exact time of commencement and completion of the examination shall
    also be noted in the report, and the registered medical practitioner shall,
    without delay, forward the report to the investigating officer, who shall forward
    it to the Magistrate referred to in section 173 as part of the documents referred
    to in clause (a) of sub-section (5) of that section.”

     

    http://indialawyers.files.wordpress.com/2012/07/rape-laws-recommendation-ncw.pdf

     

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  • “Rape” Definition Facts Laws Help Line

    Basic Information about rape is provided  here.

    Rape Facts
    Rape Faxts

     

    Statistics and the type of Reforms needed follows.

    Rape Academic definition:

    “Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person’s consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent, such as one who is unconscious, incapacitated, or below the legal age of consent.[1][2][3][4] The term is most often defined in criminal law.[2][4].(wiki)

     

    Rape,Legal Definition.

     

    Indian law treats rape as a criminal offence. It falls under criminal law in India. The Indian Penal Code (IPC) defines rape as intentional, unlawful sexual intercourse with a woman, without her permission.

    Indian Law On Rape.

     

    “375. Sexual Assault: Sexual assault means –
    (a) The introduction (to any extent) by a man of his penis, into the vagina
    (which term shall include the labia majora), the anus or urethra or
    mouth of any woman or child–
    (b) the introduction to any extent by a man of an object or a part of the
    body (other than the penis) into the vagina(which term shall include the
    labia majora) or anus or urethra of a woman
    (c) the introduction to any extent by a person of an object or a part of the
    body (other than the penis) into the vagina(which term shall include the
    labia majora) or anus or urethra of a child.
    (d) manipulating any part of the body of a child so as to cause penetration
    of the vagina (which term shall include labia majora) anus or the
    urethra of the offender by any part of the child’s body;
    In circumstances falling under any of the six following descriptions:
    Firstly – Against the complainant’s will.
    Secondly – Without the complainant’s consent.
    Thirdly – With the complainant’s consent when such consent has
    been obtained by putting her or any person in whom the
    complainant is interested, in fear of death or hurt.
    Fourthly – With the complainant’s consent, when the man knows that
    he is not the husband of such complainant and that the
    complainant’s consent is given because the complainant believes that the offender is another man to whom the
    complainant is or believes herself to be lawfully married.

    http://ncw.nic.in/PDFFiles/Amendments%20to%20laws%20relating%20to%20women.pdf

    Rape Facts and Myths.

    “Myth: Rape is caused by lust or uncontrollable sexual urges and the need for sexual gratification.

     

    Fact: Rape is an act of physical violence and domination that is not motivated by sexual gratification.

     

    Myth: Once a man gets sexually aroused, he can’t just stop.

     

    Fact: Men do not physically need to have sex after becoming sexually excited. Moreover, they are still able to control themselves after becoming aroused.

     

    Myth: Women often lie about rape or falsely accuse someone of rape.

     

    Fact: Statistical studies indicate false reports make up two percent or less of the reported cases of sexual assault. This figure is approximately the same for other types of crimes. Only one out of 10 rapes are actually reported. Rapes by someone the victim knows are the least likely to be reported.

     

    Myth: Women provoke sexual assault by their appearance. Sexual attractiveness is a primary reason why a rapist selects a victim.

     

    Fact: Rapists do not select their victims by their appearance. They select victims who are vulnerable and accessible. Victims of sexual assault range in age groups from infants to the elderly. Sexual attractiveness is not an issue.

     

    Myth: Sexual assault is a topic that only concerns women, and men do not have to be concerned about sexual assault.

     

    Fact: According to recent rape crisis center statistics, men, both straight and gay, suffered 10 percent of the sexual assaults reported in the United States last year. In addition, men have wives, friends, sisters, mothers and daughters who may someday need assistance in coping with sexual assault. Rape is a concern for everyone.

     

    Myth: If a woman really did not want to be raped, she could fight off her attacker.

     

    Fact: Even if the rapist is not carrying a weapon, the element of surprise, shock and fear or the threat of harm can overpower a survivor.”

     

    http://rwu.edu/campus-life/health-counseling/counseling-center/sexual-assault/rape-myths-and-fac

     

    Rape Helpline.

    Why can’t we have it in India?

    IT chaps may have a go at this.

    The Daily Tribune and SeeClickFix.com have partnered in an effort to empower area residents by providing an interactive tool to help them report non-emergency, quality-of-life issues.

    How it works …

    1. Navigate to area where the issue you want to report is located on the map below. (Use the controls in the upper left corner to move the map around the window or zoom in and out.)

    2. After you see your spot, click it.

    3. Fill out the form that shows … you can also upload a photo. Click “save.”

    http://current.com/18n9mkc

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