Court : Supreme Court of India
..... the learned asg pointed out that the issue of reduction in the age of juveniles from 18 to 16 years, as it was in the juveniles justice act of 1986, was also raised in the lok sabha on 19th march, 2013, during the discussion on the criminal law (amendment) bill, 2013, but was rejected by the house.31 ..... verma committee on amendments to the criminal law and are convinced that the juvenile justice (care and protection of children) act, 2000, as amended in 2006, and the juvenile justice (care and protection of children) rules, 2007, are based on sound principles recognized internationally and contained in the provisions of the indian constitution.39. ..... in fact, the learned asg pointed out that even the committee appointed to review the amendments to the criminal law, headed by former cji, ..... bali also pointed out that even in canada the youth criminal justice act governs the application of criminal and correctional law to those who are twelve years old or older, but younger than 18 at the time of committing the offence, and that, although, trials were to take place in a youth court, for certain offences and in certain circumstances, a youth may be awarded an adult sentence ..... tried to indicate that crimes committed by juveniles had reached large and serious proportions and that there was a need to amend the law to ensure that such persons were not given the benefit of lenient punishment, as contemplated under section 15 of the juvenile justice (care and protection of children) act, 2000. .....
Tag this Judgment!Court : Karnataka
..... 375 of the ipc came to be amended with effect from 10-05-2013 after introduction of criminal law amendment bill before the parliament, pursuant to the constitution of j.s.verma committee for suggesting amendments to criminal law. ..... in south africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at ..... the plea of reverse burden being contrary to the spirit of the constitution or the criminal law jurisprudence has already been negatived while considering identical provisions of reverse burden in other enactments and answer to point ..... the committee, after prolonged deliberations, gave several recommendations for amendments to criminal law ..... succession (amendment) act, 2005 another path-breaking legislation which aims for gender equality was passed by the house yesterday, namely, the hindu succession (amendment) bill, 2005 which provides for devolution of interest in coparcenary property to a daughter in the same manner as the son. ..... in response, the south african criminal law (sentencing) act of 2007 now provides that the relationship between the victim and the accused may not be regarded as a substantial and compelling circumstance justifying a deviation from legislatively required minimum sentences for ..... charged of an offence under the act may in view of sub-section (3) of section 4 be charged at the same trial of any offence under any other law with which he may, under the code of criminal procedure, be charged at the same trial. .....
Tag this Judgment!Court : Karnataka
..... 375 of the ipc came to be amended with effect from 10-05-2013 after introduction of criminal law amendment bill before the parliament, pursuant to the constitution of j.s.verma committee for suggesting amendments to criminal law. ..... in south africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at ..... the plea of reverse burden being contrary to the spirit of the constitution or the criminal law jurisprudence has already been negatived while considering identical provisions of reverse burden in other enactments and answer to point ..... the committee, after prolonged deliberations, gave several recommendations for amendments to criminal law ..... succession (amendment) act, 2005 another path-breaking legislation which aims for gender equality was passed by the house yesterday, namely, the hindu succession (amendment) bill, 2005 which provides for devolution of interest in coparcenary property to a daughter in the same manner as the son. ..... in response, the south african criminal law (sentencing) act of 2007 now provides that the relationship between the victim and the accused may not be regarded as a substantial and compelling circumstance justifying a deviation from legislatively required minimum sentences for ..... charged of an offence under the act may in view of sub-section (3) of section 4 be charged at the same trial of any offence under any other law with which he may, under the code of criminal procedure, be charged at the same trial. .....
Tag this Judgment!Court : Karnataka
..... 375 of the ipc came to be amended with effect from 10-05-2013 after introduction of criminal law amendment bill before the parliament, pursuant to the constitution of j.s.verma committee for suggesting amendments to criminal law. ..... in south africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at ..... the plea of reverse burden being contrary to the spirit of the constitution or the criminal law jurisprudence has already been negatived while considering identical provisions of reverse burden in other enactments and answer to point ..... the committee, after prolonged deliberations, gave several recommendations for amendments to criminal law ..... succession (amendment) act, 2005 another path-breaking legislation which aims for gender equality was passed by the house yesterday, namely, the hindu succession (amendment) bill, 2005 which provides for devolution of interest in coparcenary property to a daughter in the same manner as the son. ..... in response, the south african criminal law (sentencing) act of 2007 now provides that the relationship between the victim and the accused may not be regarded as a substantial and compelling circumstance justifying a deviation from legislatively required minimum sentences for ..... charged of an offence under the act may in view of sub-section (3) of section 4 be charged at the same trial of any offence under any other law with which he may, under the code of criminal procedure, be charged at the same trial. .....
Tag this Judgment!Court : Karnataka
..... 375 of the ipc came to be amended with effect from 10-05-2013 after introduction of criminal law amendment bill before the parliament, pursuant to the constitution of j.s.verma committee for suggesting amendments to criminal law. ..... in south africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at ..... the plea of reverse burden being contrary to the spirit of the constitution or the criminal law jurisprudence has already been negatived while considering identical provisions of reverse burden in other enactments and answer to point ..... the committee, after prolonged deliberations, gave several recommendations for amendments to criminal law ..... succession (amendment) act, 2005 another path-breaking legislation which aims for gender equality was passed by the house yesterday, namely, the hindu succession (amendment) bill, 2005 which provides for devolution of interest in coparcenary property to a daughter in the same manner as the son. ..... in response, the south african criminal law (sentencing) act of 2007 now provides that the relationship between the victim and the accused may not be regarded as a substantial and compelling circumstance justifying a deviation from legislatively required minimum sentences for ..... charged of an offence under the act may in view of sub-section (3) of section 4 be charged at the same trial of any offence under any other law with which he may, under the code of criminal procedure, be charged at the same trial. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the relevant portion from the statement of objects and reasons to the criminal law (amendment) bill, 2012 can be reproduced as under : the criminal law (amendment) bill, 2012 was introduced in the lok sabha on 4th december, 2012 in order to provide for stringent punishment for crimes against women, as also to provide for more victim friendly procedures in the trials of such cases. ..... bail application no.8610/2013 the basis of false allegations has set the criminal law into motion. ..... bail application no.8610/2013 can be granted to her under the public law, is not available for two reasons: firstly; on the ground of domestic jurisprudence based on constitutional provisions; and secondly; on the ground of human rights jurisprudence based on the universal declaration of human rights, 19481 which has the international recognition as the 'moral code of conduct' having been adopted by the general assembly of the united nations.35. ..... bail application no.8610/2013 it will be also necessary to notice that law commission in its report no.239 has recommended that expeditious investigation and trial of criminal cases against an influential person, is an imperative. ..... bail application no.8610/2013 state is under an obligation to protect the life of every citizen in this country, so also the state is under an obligation to protect the life of the persons who are not citizens but are in the country either residing as a tourist. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the relevant portion from the statement of objects and reasons to the criminal law (amendment) bill, 2012 can be reproduced as under : the criminal law (amendment) bill, 2012 was introduced in the lok sabha on 4th december, 2012 in order to provide for stringent punishment for crimes against women, as also to provide for more victim friendly procedures in the trials of such cases. ..... bail application no.8610/2013 the basis of false allegations has set the criminal law into motion. ..... bail application no.8610/2013 can be granted to her under the public law, is not available for two reasons: firstly; on the ground of domestic jurisprudence based on constitutional provisions; and secondly; on the ground of human rights jurisprudence based on the universal declaration of human rights, 19481 which has the international recognition as the 'moral code of conduct' having been adopted by the general assembly of the united nations.35. ..... bail application no.8610/2013 it will be also necessary to notice that law commission in its report no.239 has recommended that expeditious investigation and trial of criminal cases against an influential person, is an imperative. ..... bail application no.8610/2013 state is under an obligation to protect the life of every citizen in this country, so also the state is under an obligation to protect the life of the persons who are not citizens but are in the country either residing as a tourist. .....
Tag this Judgment!Court : Delhi
..... the government of india is mulling over a draft criminal law (amendment) bill of 2013. ..... 22.4 the principle of open trial was altered with the criminal law (amendment) act of 1983 with respect to inter alia an inquiry or trial of an offence of rape and allied offences. ..... were brought onto the statute book by virtue of criminal law (amendment) act, 1983 (in short 1983 act) with the object of protecting the dignity of a rape victim and to enable the victim to depose comfortably in surroundings which she may not be too familiar with. ..... act, 1999; sexual offences act, 2003 which amended section (2) of the sexual offences (amendment) act, 1992 whereby the array of offences in respect of protection of the identity of the victim was widened; section 41 of the criminal procedure and investigation act, 1996; judicial proceedings (regulation of reports) act, 1926; section 8 and 8c of the magistrate courts act 1980; part 16 of the criminal procedure rules, 2012; section 46 of the youth justice and criminal evidence act, 1999; section 8(1)(d) of the court suppression and non-publication orders act, 2010 no.106 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... gupta @ shilpi versus state of rajasthan) vide common order dated 8.11.2013 directing the trial court to proceed with the trial on day to day basis till its conclusion in view of section 309 of the cr.p.c.amended by the parliament vide the criminal law (amendment) bail, 2012 i.e.bill no.63 of 2013 that in a case of rape, every trial must be concluded within a period of two months from the date of filing the charge-sheet while observing as under:- one of the accused in the present case, is perceived as a godman and wields a lot of influence as he is having a very large ..... the law of bail, like any other branch of law, has its own philosophy, and occupies an important place in the administration of justice and the concept of bail emerges from the conflict between the police power to restrict liberty of a man who is alleged to have committed a crime, and presumption of innocence in favour of the alleged criminal. ..... application (for cancellation of bail) no.17585/2012, decided on 1.3.2013 wherein reliance was placed on the judicial pronouncement of the hon'ble apx court as under:- it is a well settled principle of law that when the successive application comes before the court, the court would be very conscious while considering the successive bail application. 8. ..... thus, the said allegation is covered under the definition of penetrative sexual assault given in section 3(d) of the aforesaid act as well as under section 375 (a) ipc of the amended act of 2013. .....
Tag this Judgment!Court : Supreme Court of India
..... (iv) the law commission also recommended for raising the age from 15 years to 16 years and it was incorporated in the criminal law (amendment) ordinance, 2013. ..... the law commission also recommended for raising the age from 15 years to 16 years and it was incorporated in the criminal law (amendment) ordinance, 2013. ..... , the criminal law (amendment) act, 2013. ..... certain amendments were made by criminal law amendment act of 2013, whereby section 42 and section 42a, which have been enumerated above, were added. it w.p. ..... while we are not concerned with the general question of marital rape of an adult woman but only with marital rape of a girl child between 15 and 18 years of age in the context of exception 2 to section 375 of the ipc, it is worth noting the view expressed by the committee on amendments to criminal law chaired by justice j.s. ..... certain other facts may be noted which, though not strictly necessary for deciding the legal issues, are necessary to decide the background in which amendment to section 375 ipc and other criminal laws were carried out. ..... this figure had relevance when under the criminal law and the marriage laws the age was similar. ..... the bill would contribute to enforcement of the right of all children to safety, security and protection from sexual abuse and exploitation. w.p. ..... saugata roy moved a private member s bill to fix the age at 18 years in exception 2 of section 375 ipc, but that amendment was not carried. .....
Tag this Judgment!