Jump to Attempt to Commit Suicide - Section 309 - Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten Years, and shall also be liable to fine. ![]() Author Name: Rajdeep.llb Various sections of the Indian Penal Code are controversial. They are challenged in courts claiming as against constitution of India. Also there is demand for abolition of some controversial IPC sections completely or partially. Controversial Sections of the Indian Penal Code Unnatural Offenses - Section 377 Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten Years, and shall also be liable to fine. Explanation - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. ![]() Section 377 of the Indian Penal Code refers to the colonial era legislation pertaining to 'Unnatural offenses' and serves as a law that criminalises sexual activities 'against the law of nature'. The Section 377 of the Indian Penal Code (IPC) is an act that criminalises homosexuality and was introduced in the ear 1861 during the British rule of India. Referred to 'unnatural offences'. Johnny Messner as Bill Johnson. KaDee Strickland as Sam Rogers. Salli Richardson-Whitfield as Gail Stern. Matthew Marsden as Dr. Eugene Byrd as Cole Burris. Morris Chestnut as Gordon Mitchell. Karl Yune as Tran Wu. Nicholas Gonzalez as Dr. Anacondas 2 cast. Ipc Section DownloadSection 377 The Delhi High Court on 2 July 2009 gave a liberal interpretation to this section and laid down that this section can not be used to punish an act of consensual sexual intercourse between two same sex individuals. Attempt to Commit Suicide The Section 309 of the Indian Penal Code deals with an unsuccessful attempt to suicide. Attempting to commit suicide and doing any act towards the commission of the offence is punishable with imprisonment up to one year or with fine or with both. Considering long-standing demand and recommendations of the Law Commission of India, which has repeatedly endorsed the repeal of this section, the Government of India in December 2014 decided to decriminalise attempt to commit suicide by dropping Section 309 of IPC from the statute book. Criminal defamation is in news recently for multiple reasons. Questions have been raised on whether defamation should be treated as a civil wrong or criminal offence or both. It is argued that criminalizing defamation has a harsh effect on the right to freedom of speech and expression provided under There are many demands to make defamation only as a civil wrong. However, the Supreme Court’s recent judgment upholding Sections 499 and 500 of the IPC as constitutionally valid has received wide attention, including visible, vibrant, sometimes even vicious criticism. In this article, we analyse the ‘Criminal Defamation’ in India. We will also discuss the way forward. What is defamation? • According to section 499 of IPC, whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. • Section 499 also cites exceptions. These include “imputation of truth” which is required for the “public good” and thus has to be published, on the public conduct of government officials, the conduct of any person touching any public question and merits of the public performance. Ipc Sections Of Indiana![]() • Section 500, which is on punishment for defamation, reads: “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.” • In India, defamation is both civil and criminal offence. The remedy for a civil defamation is covered under the Law of Torts. In a civil defamation case, a person who is defamed can move either High Court or subordinate courts and seek damages in the form of monetary compensation from the accused. Also, under sections 499 and 500 of the IPC, a person guilty of criminal defamation can be sent to jail for two years. What is the difference between civil wrong and criminal offence? • Criminal offences and civil offences are generally different in terms of their punishment. Criminal cases will have jail time as a potential punishment, whereas civil cases generally only result in monetary damages or orders to do or not do something. But a criminal case may involve both jail time and monetary punishments in the form of fines. • The standard of proof is also different in a criminal case than a civil case. Crimes must generally be proved “beyond a reasonable doubt”, whereas civil cases are proved by lower standards of proof such as “the preponderance of the evidence” (which essentially means that it was more likely than not that something occurred in a certain way). Why are Section 499 and 500 of IPC challenged? • Section 499 of the Indian Penal Code, 1860 (IPC) states that any person whose reputation has been damaged (or was intended to be damaged) by the material in question has the rights to sue for defamation. • However, these are challenged on the ground of fact that they are violative of the right to freedom of speech and expression provided under Article 19 of the Indian Constitution.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |