Pink Legal Club Shakti’s Post

In what ways can the youth of a juvenile offender affect the way in which the court approaches sentence? At the time of the offending, MF was 16 years and 3 months old. His younger sister ("NF") had previously been in a relationship with the victim. On the night of the offending, the victim was at NF's home. [9] MF attended NF's home after there had been a confrontation over text between the victim, MF and his older sister. MF's father came along. [11] MF and his father both stabbed the victim. In total, the victim was stabbed five times, and (predictably) suffered serious injuries, including a collapsed lung. [13] MF pled guilty to the offence of wounding with intent to cause grievous bodily harm. [4] The offence carries a maximum of 25 years in gaol. He was sentenced to 5 years 6 months with a non-parole period of 3 years and 6 months. [4] He appealed to the Court of Criminal Appeal. In particular, MF argued that the sentencing judge failed to have regard to his youth, and that the sentence was manifestly excessive. [6] His counsel raised the following arguments in support of that position: - MF's "immaturity was relevant to assessing the criminality of the offence" - MF's "youth was consistent with the impulsive and reactionary circumstances of the offending and the limits of [MF's] decision-making capacity" - "the involvement of [MF's] father and older siblings constituted a context whereby those persons could be seen as inappropriate role models and gave rise to a dynamic that would have been hard for [MF] to overcome" [39] The Court (Cavanagh J with whom Garling and Wilson JJ agreed) allowed the appeal, finding that it was "difficult to discern how his Honour has had regard to the applicant's youth in assessing the significance" of moral culpability and general deterrence. [69] MF was resentenced to imprisonment of 4 years and 10 months with a non-parole period of 3 years and 1 month. MF v R [2024] NSWCCA 42

Vijay Dive’s 10-year sentence: Is it justified? The Bombay High Court in Maharashtra v. Vijay Dive, has sentenced Vijay Dive to ten years of rigorous imprisonment for the offences of kidnapping and attempting to sell a 14-year-old girl for prostitution. Dive was initially acquitted by a sessions court but was later challenged by the Maharashtra government. Key Issues: 1. Whether the sessions court's acquittal was legally justified for kidnapping and trafficking charges? 2. Whether the minor's alleged voluntariness is significant, considering her age? 3. Is Dive's history of bringing women to the red-light area relevant to his culpability? Judgment: The High Court, while highlighting the miscarriage of justice and the serious impact of Dive’s actions on society, overturned the sessions court's order. Dive was convicted and slapped with ten years of rigorous imprisonment, coupled with a ₹50,000 fine. My opinion: The Bombay High Court aimed to deter such crimes and to combat the social evil of human trafficking. However, it is pertinent to note that the maximum punishment for such offenses is life imprisonment where the victim is a child, according to the section 5 of the Immoral Traffic (Prevention) Act, 1956. It is essential to question whether a ten-year sentence adequately reflects the severity of the crimes committed and the trauma inflicted upon the victim. There needs to be a more stringent response from the justice system especially since the Court found evidence of previous trafficking offenses committed by Dive.

My wife has filed a DV Petition against me. Could I end up in jail? I often find myself explaining to my clients that while a DV Petition filed by the wife might seem criminal, it's actually geared towards providing civil remedies for the aggrieved party. When Parliament crafts laws, it clearly outlines its intentions. Thus, according to the DV Act, wives can seek civil remedies only in case they succeed in proving cruelty against them. It's crucial to recognize that while imprisonment is rare, breaching protection orders in favour of wife can indeed lead to coercive actions, including imprisonment. I've outlined the intent of the Parliament before enacting DV Act, civil remedies available to wives and the scenarios that might lead to imprisonment. Back in 2002, the Protection from Domestic Violence Bill was under scrutiny in the Lok Sabha and was later referred to a Department Standing Committee of the Ministry of Human Resource Development in the Rajya Sabha. The Committee's 124th report focused on the Bill's aim to provide civil remedies, emphasizing the preservation of family while safeguarding victims of domestic violence. Subsequently, the DV Act was enacted as Act 43 of 2005. The Act concentrates on providing civil remedies, as detailed in Chapter IV. Key reliefs that a Magistrate can grant under the Act include Protection Orders (Section 18), Residence Orders (Section 19), Monetary Relief (Section 20), Custody Orders (Section 21), and Compensation Orders (Section 22). However, there's a significant caveat. Breaching a Protection Order or Interim Protection Order is considered a Non-Cognizable and Non-Bailable offence under Sections 31 and 32 of the Act. While the Act was initially aimed at ensuring the women's safety, it is disheartening to see it often used for exploitation and extortion against husbands. Despite acknowledging the Act's noble intentions, it's impossible to ignore the blatant discrimination husbands face, often resulting in job loss, financial strain, mental anguish, and societal stigma, all under the guise of "Protecting Women." #domestic #misuseoflaw #extortion #DV #imprisonment #jail #husbands #wives #matrimonialdispute #disputeresolution #lawyer #law

India is a nation with laws designed to protect every individual, regardless of caste, color, creed, or gender. Under the Bharatiya Nyay Sanhita (BNS), drivers who cause serious accidents through negligent driving and flee the scene without informing the police can face up to 10 years in prison and a fine of Rs. 7 lakh. Yet, a recent case raises serious questions about justice and the application of these laws. A 17-year-old, intoxicated and behind the wheel, struck and killed two innocent people. His punishment? A 300-word essay and community service with the traffic police. How is this fair to the families of the victims? Were their only fault being out late on the road, unaware that a drunk teenager would end their lives? Recent news reports highlighted how easily this young offender was released from police custody. Is this justice? Is this the goal of our new legal framework—to let the guilty escape repercussions simply because they are minors? Photos and videos circulating online clearly show the boy drinking with his friends before the incident. Yet, the grieving parents of the deceased are left demanding justice for their lost children. The fact that he is a minor was enough to grant him bail and shield him from significant consequences. Is this what our new laws have come to? Allowing someone to get away with taking two lives by merely writing a 300-word essay? Where is the accountability for such a grave act? We must critically examine and address these legal loopholes to ensure true justice for all. #PunePorscheCase #ensurejustice

In a harrowing case of honour killing, a man's life was brutally cut short by his wife's family in Greater Noida. Five years after the couple had married against the family's wishes, the husband's life was taken in a meticulously planned act of vengeance. The Incident The tragedy unfolded when the woman's family, under the guise of reconciliation, invited her husband over for drinks. On his way home after the meeting, he was ambushed and strangled to death by a contract killer hired by his in-laws. The police revealed that the family had gone to the extent of mortgaging their jewelry to pay for the murder. Discovery and Arrests The victim's body was discovered on June 16 near the Surajpur police line in Greater Noida. Prompt action by the police led to the arrest of the woman's father, uncle, and two contract killers involved in the heinous crime. However, two more suspects remain at large, and efforts are ongoing to apprehend them. The authorities have also seized the murder weapon, a towel, the vehicle used in the crime, and the mortgaged jewelry. Community and Legal Reactions This incident has sent shockwaves through the community, highlighting the persistent issue of honour killings in India. Honour killings, driven by the perceived dishonour brought by marrying against family wishes, continue to be a grave concern despite legal and social advancements. Conclusion As investigations continue, this tragic event serves as a grim reminder of the extreme measures taken in the name of honour. It underscores the urgent need for societal change and strict enforcement of laws to prevent such atrocities. #HonourKilling #GreaterNoida #JusticeForVictims #HumanRights #LegalNews #CrimeReport #CommunitySafety #SocialIssues

Aswini and Anish, two IT professionals, tragically lost their lives in Pune on May 19. They were hit by an unregistered Porsche driven by a 17-year-old minor speeding at 150 km/h in Kalyani Nagar. This isn't just an accident; it's murder because: 1.The car was unregistered, delivered by the showroom without proper paperwork. 2.Parents allowed an underage, unlicensed driver behind the wheel. 3.The club served alcohol to a minor. 4.Traffic police failed to act despite months of overspeeding reports. 5.The minor received special treatment upon arrest. A local MLA and lawyers intervened, granting him bail within 14 hours on a Sunday. His bail condition? Write an essay and promise not to repeat the mistake. Why the double standard? Even with the same laws, privilege leads to different treatment. Justice must prevail for Aswini, Anish, and their families. 🙏 Chandigarh youth gets 8 yrs in jail for stealing wallet with Rs 100 According to the FIR, on April 1, 2017, the police got a call around 12.50 am from an autorickshaw driver, alleging that he had been robbed by unknown persons near Hotel Mount View at Sector 10. "Stealing a wallet containing Rs 100, voter ID card, photocopy of the Aadhaar card and a driving licence proved costly for a 21-year-old youth, who was sentenced to 8 years’ imprisonment on Wednesday. The court also slapped a fine of Rs 3,000 on the convict. Dhruv Negi was convicted under sections 397 (robbery, or dacoity, with attempt to cause death or grievous hurt) of the IPC by the court of Additional District and Sessions Judge S K Sachdeva." https://lnkd.in/gRfuGFDp Where is the law of equality when judgment is based on wealth, favoring the rich over the poor? #justice #puneincident #ITengineers #ITcommunity #support #rip #RIPJustice

## 27. Idioms and Proverbs Idiom: Can of worms Meaning: As per Wikipedia, Can of worms is an idiom referring to a slew of subsequent problems and dilemmas arising from a decision or action.  Usage: The recent Pune Porche accident case has opened up a can of worms. A series of events happened in the Pune Porche case: - We woke up with the horrific news of the terrible 'accident' that killed two techies on May 19. - The 17-year-old teen who was drunk and driving the 2.5 crore Porche without a number plate was released on bail within 15 hours of the horrific incident with the terms - writing a 300-word essay on road safety and bonds worth ₹ 15,000. - After widespread public outrage, the teen was sent to a remand home till June 5. - Several twists and turns, with stories of cooked-up blood reports, bribery, corruption, abduction, threat and a few arrests. - The latest one is - Juvenile Board Members Under Scanner. https://lnkd.in/gZT2973V #idioms #canofworms

The Bombay High Court today underscored the importance of sensitising boys. The Court tweaked the popular slogan of the Central government 'beti padhao, beti bachao' (educate girl, save girl). It said that element of educating boys to "save girls" or "Beta Padhao, Beti Bachao" (educate boy, save girl) should also be looked into by the state. Moreover, it also underlined the importance of fair and proper investigation. It observed that the police must not rush into the probe merely because of public pressure at the cost of proper investigation. This holds significance as today the West Bengal Assembly passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, in the wake of the brutal rape and murder of a resident doctor at the RG Kar Medical College and Hospital, Kolkata. The Bill proposes to enhance the punishment for rape and ensure the speedy investigation and trial of heinous crimes against women and children. It seeks to amend parts of the Bhartiya Nyaya Sanhita (BNS), the Bhartiya Nagarik Suraksha Sanhita (BNSS) and the POCSO Act, as applicable to WB. [See the link of the Bill in the comment section] The danger lies in the shorter deadlines (21 days for completion of investigation + extension of 15 days with reasons and 30 days for completion of trial) proposed in the name of speedy justice without addressing the shortcomings of the entire system including the investigation process, shortage of support staffs, etc. Speedy justice, though important, is no justice if it is not proper and fair. Can Justice be achieved at the cost of proper and fair investigation? Is it not proper that we focus more on addressing the shortcomings of the entire system without compromising its integrity first? A careful balance is needed between speed and due process. #sexualoffences #justice #speedyjustice #dueprocess https://lnkd.in/gmCXXg25

Can an offender's Children's Court criminal record be used when they are sentenced for an adult offence? Does it matter if it is the offender who relies on the record? Zack Dennis was sentenced for aggravated sexual intercourse without consent [4] and a further offence of attempt to commit aggravated sexual intercourse without consent. [6] The offending conduct occurred in 2021. He was sentenced to imprisonment for 7 years and 6 months, with a non-parole period of 4 years and 2 months. [10] Dennis had a record from the Children's Court. As the sentencing judge put it, "Despite a period of persistent but relatively low-level offending from childhood, the [applicant] did have a period where he committed no offences, from 2016 to 2021, and that reflects well upon his prospects of not reoffending and rehabilitation, if as he must now accept and understand, he eschews or abandons drugs and alcohol.” [50] This was contrary to s 15(1) of the Children (Criminal Proceedings) Act 1987, which prohibits a record of juvenile offending being admitted into evidence if a conviction was not recorded, and in the 2 years prior to the current offending the accused has not been punished for another offence. Consequently, despite the fact that "the material was used for his benefit in mitigation of any sentence which was to be imposed, it was simply not admissible in the sentence proceedings and that an error of law had occurred by reason of the fact that the material had been admitted and was before the Judge." [55] This, and a further error relating to an error of fact made by the judge, meant that Dennis needed to be resentenced. The Court (Garling J with whom Harrison CJ at CL and McNaughton J agreed) reduced the sentence to imprisonment for 7 years, with a non‑parole period of 3 years and 9 months. [92] Dennis v R [2024] NSWCCA 137

. A 14-year-old boy made a nude video of his classmate and posted it on social media, due to which the embarrassed girl committed suicide. The juvenile court did not grant bail to this juvenile offender who was locked up in a child protection home for 5 months. The High Court also upheld the lower court's order and said that this would send a wrong message to society. The High Court considered this young man undisciplined and considered it dangerous to release him. The boy's mother went to the Supreme Court for bail, but the Supreme Court also upheld the High Court's order. On the other side, a rich man's 17-year-old teenage son, At Pune City , Maharashtra , India , after drinking heavily with his friends, paid his bill of Rs 48,000 and then started driving his car worth Rs 2.5 crore on the roads at a speed of 160 kilometers per hour. Due to his such negligence, two young engineers met with an accident and died. In this case, the Juvenile Court released him in its order, saying that the teenager should write an essay on that accident and go to the RTO office and understand the traffic rules! The thing to be noted here is that, three courts saw this fact as a danger and did not grant bail, but the Juvenile Court of Pune did not see or understand anything like this in that drunken teenager ! #Pune #Maharashtra #India #Caraccident #JusticeForAll #Justicedenied #supremecourtofindia #Mumbaihighcourt #Lawandorder #Corruption #Moneycontrol #Moneypower #Musclepower #Peopleneedtocomeonroad #UnitedAgainstInjustice #unitednations #HighCommissionerforhumanright #Geneva #Switzerland #UNGENEVASECURITY #GANHRI #ASSOCIATIONFORDEMOCRATICREFORMS #PRASHANTBHUSHAN #ADR #CHIEFJUSTICE #CHIEFJUSTICEBOMBAYHIGHCOURT