#SupremeCourt Temporary Loss of Memory ? Is it a valid Defense for violent behaviour ?Do u remember Movie Gajani of Aamir Khan?

Suppose if a person commits a violent crime, in temporary loss of memory, when he cannot remember even faces of persons, can he be excused from punishment?

Yes. I read in SCC Digest of 2012 about a Shera Singh case where judgement is delivered by a Supreme Court bench.

If a person has siezure or some temporary memory loss or other mental conditions in which he may not be knowing what he may be doing, he may not be able to even recognize faces, yes, he can be excused, as per this judgement.

This discussion was about Sec 84 of IPC.

For more Authentic Details, please read the actual judgement. This seems to be new law for me..

This case reminded of movie Gajani of Aamir Khan.

Haresh Raichura
30/1/2013

SC: The Framers of the Constitution had envisaged the village panchayat to be the foundation of the country's political democracy

G S Singhvi J in 2012 7 SCc 550 para 22

SC: The endeavor of all political parties is to capture the State power in order to implement their respective policies, professedly, for benefit of the society in general

J. Chelameswar J in 2012 7 SCC para 131

SC: Sexual violence is not only an unlawful invasion of the right of privacy of a woman but also a serious blow to her honour

H L Dattu and C K Prasad in 2012 9 SCC 705 para 12

SC: Rape or an attempt to rape is a crime not against an individual but a crime which destroys the basic equilibrium of the social atmosphere

Dipak Misra J. In 2012 (6) SCC 297 para 49

SC: "Satymev Jayte" is a mantra from the ancient scripture Mundaka Upnishad.

Dr. Dalveer Bhandari J. 2012 5 SCC 370 para 43

SC: Our legal system has made life too easy for criminals and too difficult for law abiding citizens

This observation of Hon'ble Justice H L Dattu is reported in Supreme Court judgement which is reported in 2012 8 SCC 495 para 18

Haresh Raichura

SC: What will happen, if the protectors themselves become poachers? Their decisions and conduct must be above board

Justice H. L. Gokhle 2012 3 SCC 619 para 206

SC: Supreme Court has always been a lawmaker and it's role travels beyond merely dispute settling

Justice Raveendran in 2012 (1) SCC 333 para 16

Reasons why many people lose PIL/Other Writ Petitions in High Court :-

When any injustice is done by State or an authority under state, people rush to High Court against Arbitrary action of Government.

An arbitrary action violates fundamental right under Art. 14 of equality.

High Court calls upon other side.

The Govt authority files their reply that particular action is as per certain Govt resolution, or circular or rule.

High Court dismisses case.

Because High Court only has to see whether particular order of Govt is as per rules or not. There it's powers end.

What need to be done?

As soon as Govt files reply that their action is as per certain Rule, Circular or Policy, the petition should be immediately amended and that particular Rule, Resolution or Circular also need to be challenged as violative of Art. 14.

Then only High Court gets power to examine legality of that Rule, Circular or policy.

Many time this is not done and good cases are lost.

Haresh Raichura
25/1/2013

Supreme Court Guidelines in various cases binding on all authorities..Whether they know it or not.. Contempt if not followed

These are new and bold guidelines by Supreme Court. All citizens need to do is to approach nearest High Court or Supreme Court with a contempt or direction application......

The case titled Priya Gupta versus Addl. Secretary Ministry of health is reported in JT 2013 (1) SC 27 by Justice A.K. Patnaik and Justice Swatsnter Kumar on 13.12.2012
Para 18

Law declared by SC is deemed to be known to all authorities. Where general directions are issued by Supreme Court and not followed by any authority, he is liable to be punished in Contempt law. He cannot say that he did not know about judgement of Supreme Court.

So far, Supreme Court used to give general directions in many cases of Public Interest, but authorities, police officers used to ignore these directions by saying that they did not know about SC general directions and judgement.

In this case it said that law declared by supreme Court is binding on all authorities and they are deemed to have knowledge about these directions. If they do not follow directions,contempt of court proceeding can be initiated against them. Whether to accept their apology or not or to punish them, will depend on facts of each case.

This judgement is of great value to activists and general public. Because now if they notice that any authority is not following any public interest directions, they can issue notice why contempt petition should not be filed and can initiate contempt proceedings citing this case if so advised by their lawyers.

Haresh Raichura
21.1.2013

SC asked: What value in terms of money can be assigned to house work being done by a wife ?

A wife does lot of work at home. We seldom think how much money one has to pay to get the same work done by paid servants. She gives her entire life in doing so many odd jobs in house. Some measure must be found to decide value of work done by a wife.

This is the upshot of a case recently decided by Supreme Court.

Judges said it is extremely difficult to decide in monetary terms value of multiple work done by a house wife.

So far we have not quantified value of work done by housewife. But some rational formula has to be worked out.

In this case a house wife died in Motor accident case. It was claimed that in addition to doing housewife work, she was also earning Rs.5000/- per month by selling her paintings.

Tribunal gave Rs. 6 Lakh on basis of accepting her Rs. 5000/- from painting. No value given to her for her housewife work.

Insurance company challenged this order in High Court and said that there is no proof that she was selling painting. She was only a housewife and nothing more.

High Court accepted Insurance company's argument and reduced compensation.

Relatives challenged this order in Supreme Court. Supreme Court expressed it anguish, set aside High Court order and asked Insurance Company to pay Rs 6 Lakh with interest as ordered by Tribunal.

However, Supreme Court was unable to frame any guidelines as to how to decide value of work done by a housewife.

To my mind, it means that some woman organization should do some research on this issue and should file a PIL in SC or in HC to lay down some guidelines and assist Courts to come to some rational formula. Or some points should be argued in Tribunal or High Courts in Such Cases.

In Sarla Verma Case (2009), it has now been made simple as to how to calculate compensation payable to victims of Motor Accident cases.

But in my view there is no case which lays down guidelines for how to calculate monetary value of work done by a house wife and how to calculate compensation when a housewife dies in motor accident. A housewife is not paid any salary for multiple works she does in house.

Is any woman organization listening and willing to do research and to assist Courts on this point? The data and research must point out to workable formula which court can apply in such cases.

Haresh Raichura
21/1/2012

Why a criminal stabbed a woman 27 times? Why a wife killed husband with 26 knife blows? What is Amygdala?

This is about Emotion Intelligence. First case relates to U.S. Read in above book. Second case relates to a small town of Gujarat. I heard it when I was sitting in a Court room of Gujarat.

In US, the Criminal was acquitted of murder charge.

It was accepted by court that he went into frenzy of anger and his mind was out of control. He was held guilty of Second Degree murder.

In India, the woman was convicted for murder, The Court did not accept that woman may have finally lost her patience and may have killed husband in a frenzy of anger and her mind may have gone out of her control. She was held guilty of First Degree murder.

In first case, a life convict was released on parole. He burgled into a house. He tied woman with rope and then he stole money and valuables.

When he was about to leave flat, woman shouted at him that she was a journalist and will see that he is given death penalty.

The criminal got angry. His mind went banana. In frenzy of anger, he stabbed woman to death by 27 blows.

About second case, I have no details but I assume that something must have happened which drove woman to Stab her husband to death by 26 blows.

Science have now been advanced. It is found that when blood rushing to brain bypasses a brain organ called Amygdala, the person looses his thinking power and his emotion of anger takes charge of his body. His actions are out of his control.

http://en.wikipedia.org/wiki/Amygdala_hijack
http://en.m.wikipedia.org/wiki/Amygdala_hijack

Indian courts have still not accepted this argument. In one case, I tried to argue this before Supreme Court Judges but judges were not inclined to accept this argument.

Haresh Raichura
19/1/13

Can CBI investigate if anyone sends information about crimes of national nature?

I think answer is yes.

CBI can register an FIR when
1) It receives information
2) After receiving information, if it holds an preliminary inquiry,
3) Then after inquiry only, if it thinks fit, it can register FIR, and thereafter it can investigate.

4) CBI can investigate a crime falling in some State, only and only if State Govt refers to it or if Supreme Court or High Court so directs.

CBI is under Delhi Police Act but after FIR is registered it has to investigate and proceed as per Criminal Procedure Code.


Haresh Raichura
9/1/12

How a Mobile with Camera and Email helped a girl against Rapist / Eve Teasers

I read this story long ago in news. Probably about a foreign country.

A girl was trapped in a room by rapist. The girl quickly took photo of rapist and emailed it instantly.

Then he talked with rapist and said, " Look, I have already sent your photo by email to police.... Now if you will do anything to me, you will be caught.."

The rapist had to let go her.

A mobile phone with camera and email id of police, saved her life.

Haresh Raichura
7/1/2012

Absurdity in Sec.228A which prohibit publication of name of rape victim

228A of IPC is added in 1983.

It prohibits printing or publication of name of victim against whom rape is committed under Sec. 376, 376A, 376B, 376C, 376D.

This is only about VICTIM of rape.

It is not offense if police discloses name, victim gives in writing permission to publish her name.

Where she is dead, her next kin can disclose her name to only recognized social welfare organization as per Sec 228A(2)

Punishment is upto 2 years jail plus fine.

Same way proceedings before court cannot be published under 228A(3).

But High Court and Supreme Court judgements can publish names as per explanation to 228A(3)

Absurd

If this is the law than even trial court judge judgement cannot publish name. The law needs correction.

This is absurd that even next kin of dead victim cannot permit disclosure of name to media.

Section does not speak anything about disclosing names of those who may be accompanying victim at time of rape.

This is how I understand section. I may be wrong.

Haresh Raichura
5/1/2013

Three Hate Speech Laws of India Where Police can arrest without warrant

There are three main Hate Speech Laws in India.

Sec.153A IPC Hate Speech to provoke enmity between groups of different religions:

Police can arrest without warrant, non bailable, non compoundable.Three Year Jail or fine only or both.

Hate Speech to destroy Unity of Nation,

153B IPC, police can arrest without warrant, non bailable, non compoundable, 3 year Jail, or fine or both.

If such hate speech given from a place of worship, then jail upto 5 Years under 153B(2)

Hate Speech to provoke riots:

153 IPC, Police can arrest without warrant, non bailable, non compoundable, 6 month Jail or fine or both if riot not committed following speech, and riots are committed following hate speech than 1 year Jail, fine or both


Haresh Raichura
4/1/2013

Law of Self Defense:: A girl apprehending rape, has right to kill assailant under sec 100(3) of IPC.

Sec.100 (3) IPC gives right a girl apprehending reasonable assault of rape, to kill the assailant. This is a right of private defense. If the girl is in a situation, where he had reasonable apprehension of being raped, then in order to prevent rape, her right of self defense extends even to killing assailant if it is must.

Rajsthan High Court has further held that such right to kill is also available to husband if some one tries to rape his wife. 1992 Crl L J 2566 Raj.

Haresh Raichura
2/1/2013