#criminalprocedurecode

This article on 'Man sentenced to death for killing Parents: Facts and Laws' was written by Tuba Sanobar, an intern at Legal Upanishad.

Man sentenced to death for killing Parents:

A 47-year-old man was found guilty of killing his parents at their home in 2018 and was given the death penalty by a court in Chhattisgarh's Durg District, describing the incident as one of the "rarest of the rare." In a 310-page judgment, Additional Sessions Judge Shailesh Kumar Tiwari decided the death penalty for the man and expressed that only the death penalty will be the appropriate punishment for the convict so that no one ever dares again to commit such a grave offence of murdering his parents. Let us now discuss the facts of the case and the relevant laws regarding it.

Facts of the Case

Sandip Jain killed his mother Surji Devi (67) and father Rawalmal Jain (72), both of whom were well-known businesspeople and social workers in Durg, on January 1. Sandip was the only person present in the house at the time of the incident besides the two deceased, so police detained him based on circumstantial evidence. The father-son duo's disagreements over a number of topics, including property, were proven in court. According to reports, one of the problems was that the accused did not like it when his father asked him to fetch water from the nearby Sheonath river to perform rituals at a temple in their home. The police reported that Sandip killed his parents out of fear that they would reject him. Sandip was found guilty of murder under section 302 of the Indian Penal Code by the court after hearing the arguments and examining the evidence. The Indian Penal Code's Section 302 addresses the penalty for murder.  Murder is punishable by death or life in prison. The other two defendants, Bhagat Singh Gurudatta and Shailendra Sagar, who had given Sandip a gun, received five years in solitary confinement as well as a fine of Rs 1,000 each.

What does the law say about the maintenance of parents?

In addition to being a moral obligation, maintaining parents is a legal obligation as set forth in the Criminal Procedure Code of 1973 and the Maintenance and Welfare of Parents and Senior Citizens Act of 2007. These clauses are unavoidable and can be applied when children neglect to care for their parents. Along with the wife and children, parents are entitled to maintenance under Section 125 of the 1973 Code of Criminal Procedure (CrPC). The maintenance rights of the mother and father are expressly provided for in CrPC Section 125(1)(d).  According to Section 125 of the Criminal Procedure Code, a wife, children, and parents may ask their husband, father, and children for support, as appropriate. According to Section 125, the maintenance provision, if a son or daughter refuses maintenance of parents and they lack any means of income to support themselves, the appropriate courts may order maintenance and welfare of parents. For each instance of failure to pay maintenance to parents, the Magistrate may issue a warrant for that person's arrest and/or place them in jail for up to one month or until payment is made, whichever comes first. The Maintenance and Welfare of Parents and Senior Citizens Act of 2007 is another piece of legislation.  It specifically addresses all issues pertaining to the upkeep and welfare of parents through financial assistance as well as the creation of old age homes for elderly people without children or parents who have been neglected.  

Man sentenced to death for killing Parents: Facts and Laws

Maintenance and Welfare of Parents and Senior Citizens Act 2007

A provision in Section 23 of the 2007 Maintenance and Welfare of Parents and Senior Citizens Act allows for the nullification of specific property transfers. It primarily shields senior citizens from financial fraud committed by those with fiduciary responsibilities.  For instance, a senior citizen might give away his or her property to someone else with the only requirement that the beneficiary meets his or her basic physical needs. The transfer will be deemed to have occurred fraudulently, coercively, or under undue influence in such a situation, and at the senior citizen's discretion, it may be declared void. Senior citizens (those over 60) and parents of any age are covered by the Act for the Maintenance and Welfare of Parents. Maintenance orders can be obtained against children or any relative who is the senior citizen's legal heir. The Act also mentions the State Government for establishing a Maintenance Tribunal.  Parents can hire family lawyers to help them understand the situation, but they do not necessarily need one while the matter is before the Maintenance Tribunal. The maintenance application process must be completed within 90 days of serving notice on the children/relatives.  An extension of 30 days may be given in case of exceptional circumstances.

Can parents demand maintenance from sons?

Yes, the law allows parents to seek maintenance from their sons and daughters if they are unable to support themselves. In the case of Dr. (Mrs.) Vijaya Manohar Arbat v. Kashi Rao Rajaram Savai and others, the court ruled that "a father or mother, unable to maintain himself or herself, can claim maintenance from his or her son or daughter." The phrase "his father or mother" refers to both the father and mother of a child, not just the father or mother of a son. Both sons and daughters have a moral and legal obligation to look out for and support their parents. If this obligation is not met, parents may knock on the doors of maintenance tribunals to demand payment from their children for their monthly expenses. If the children's parents don't pay their maintenance as required by the Act, they risk being imprisoned for three months or longer. Money is not everything, though, as some people find it difficult to maintain their independence as they age and require help with daily tasks. Section 19 of the Maintenance and Welfare of Parents and Senior Citizens, Act 2007 calls for the establishment of old age homes by the State Government that can house elderly people in need.

Conclusion

The CrPC and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, impose legal obligations on children to care for their elderly parents, which includes providing for their needs.  One may end up committing the heinous crime of murdering his own parents due to some unnecessary misunderstanding and disbelief among his own parents. It is morally repugnant and violates the law at the same time. India is a morally upstanding, religious, and spiritual country. It is believed that respecting your parents is a reward-earning activity that aids kids in achieving paradise in the hereafter. Children aspire to receive the blessings of their parents, and this is reflected in Indian law in the form of a duty to the parents.

References

This article on 'Critical Analysis of Section 125 CRPC' was written by Tanaya Khilari an intern at Legal Upanishad.

Introduction

The Code of criminal procedure popularly known as CRPC is the law maintaining and defining the regulations and provisions for trying crimes in India. There are various sections provided in the CRPC with Sec 125 being an important section of the code. This article analyses in detail the Provision of sec 125 of the CRPC. It examines the various rules, regulations, and fundamentals of the section and lays down case laws concerning it. The section came into existence to provide the right to receive maintenance of wife, child, and parents by the male member of the family. This provision of providing maintenance to women and children has been in existence in many traditional laws as well including the Muslim Act of maintaining the basic needs of wife and child by the male member. There are various exceptions and limitations to the law and provides new judgments concerning it. However, along with the right to impose the duty to maintain, the code also provides the right to apply for revision under other mentioned sections.

Scope and applicability

The code introduced section 125 to provide maintenance of the wife, child, and parents by the male member of the family. It mentions that if the male member is well sufficient to provide for the maintenance of his family members, he should do the same without any delays and reasons. This section is applicable all over India and provides the summary procedure to provide maintenance to the dependents. The section should be construed to provide justice, primarily social justice to the family members especially the women and the children who are generally subject to violence and injustice. This law is also aimed to provide maintenance provisions to divorcees and socially deprived wives. Maintenance of wives and family members is a topic of personal law however it should not be only restricted to the same. A legal provision was essential and hence was introduced in the following section. This section was introduced before 2001 but due to the long pendency of cases, the 2001 amendment was introduced to provide interim maintenance. This ensured give decision-making of cases and also provided quick justice to the complainant or the other party. This amendment is listed in section 125(3) and is considered somewhat inconsistent with Articles 21 and 14 of the Indian Constitution which relates to the protection of life and liberty and also personal rights.

What was the need for this Section 125?

Every human being has a right to a sound and safe living environment. Women, children, and elderly people are usually the object of violence or are usually the ones suffering injustice upon them. Articles 14 and 21 have preached and given the provisions for the safety of life and liberty and also made people recognize and be aware of their rights essential for their living. The maintenance provided to them is one such aspect of the right to a safe and sound life for such women and children as well as the elderly. Many personal laws have provided for the same for ages. However, these provisions and methodologies differ in each personal law. Under Muslim law, there is a place for the maintenance provision for women and children. The Hindu Adoption and Maintenance Act also provides for the same mentioning that wife, child, and elderly are due for maintenance. Similar provisions are given in many other laws and also promote the maintenance of these individuals. However, this traditional inclusion of the provision was not considered sufficient due to the rising cases of injustice and violence against them. Hence came into existence in section 125 of CrPC.

Regulations and restrictions under Section 125

As mentioned above the section provides the maintenance of the wife, child, and elderly by the male member. The male member is required to give or provide monthly maintenance to such individuals. There are certain rules for the same. The section provides that for the male member to be liable to provide this maintenance, he must be self-sufficient for the same. This should be present even when the husband and the wife are divorced. It means he should be self-sufficient even during the time of his divorce from his wife. The section also provides certain restrictions. These include that the wife should not be separated from the husband on insufficient grounds, and she should not be living in adultery. This restriction is prevalent even when the couple is living separately with mutual consent. The wife should also not be able to support herself during her divorce. This provision stands canceled when the wife re-marries. As is the provision applicable to women, it also provides provisions for the maintenance of children. These children include the legitimate as well as the illegitimate children of the male member. He is entitled to provide maintenance when these children are not able to support and maintain themselves with reasonable assistance. Minor as well as major children are provided maintenance when they face certain injuries or abnormalities concerning physical or mental aspects. Various other additions and amendments have been made in this section during the prevailing years providing an impact on the rights and maintenance of women and children.

Intermin measures of Section 125 under 125(3)

The Indian judiciary system even though sufficient, takes a long time to provide judgments and decisions on cases. Due to this inconsistency, after 2001 there was an amendment made in section 125 of CrPC to provide faster disbursement of cases concerning the maintenance of the wife, children, and elderly by the male members. This amendment was introduced in section 125(3). Case of recovery of maintenance and interim maintenance can be done in this section by issuing the warrant. However, in certain cases, this interim maintenance is considered inconsistent with Articles14 and 21 of the Indian Constitution. The explanation and remedy for the same are provided by the court of law in various provisions example the Maneka Gandhi case under Article 21 of the constitution.

Important case laws under the Act

The section defines that the male member is supposed to provide maintenance to the wife, children, and parents. A daughter is also liable to pay maintenance to her parents. This was determined in the case of Dr. Vijaya Manohar Arbat vs. Kashirao Rajaram Sawai & another. Facts: This case was initiated by the father under section 125(1)(d) for maintenance from his daughter. He claimed that a married daughter is capable of maintaining her parents. It is irrelevant if the child is a daughter or a son, they will need to provide for their parents and not drive them to the point of starving. This maintenance will be considered binding when the daughter along with her husband is self-sufficient to support her parents. Another important case law was the Kirtikant D. Vadodaria vs. the State of Gujarat and another (1996(4) SCC 479). Facts: In this case, it was determined that the stepmother is also eligible to receive maintenance. This right is given when the mother is a widow or if her husband is alive, he is not self-sufficient to provide. In this scenario, the stepmother is entitled to receive maintenance from the children. Provisions have also been introduced to set aside or revise the decision announced by courts in such cases. One such instance is given in the case of Masud Ahmed v. the State of Bihar. Facts: In this case, the claimant approached the High Court to set aside the decision given by the court to provide his ex-wife with the maintenance of rupees 3000. He was also required to provide maintenance to his children at 2000 per month. He disregarded the decision claiming that his wife was self-sufficient and did not require any maintenance. The court reviewed the order and withdrew the decision of providing maintenance to the wife. This social welfare-derived section is important for the legislature and the country and many important judgments have been passed in the following years giving significance and importance to the maintenance of wives, children, and parents.

Critical Analysis Of Section 125 CRPC

Laws applicable to Section 125

Section 125 of the code is consistent with various laws. These laws provide for better provisions for the maintenance of the mentioned individuals. The various acts applicable to it are: - Divorce Act, 1869 - Hindu Marriage Act, 1955 - Family courts Act, 1984 - Protection of Women From Domestic Violence Act, 2005 and 2006. - Special Marriage Act, 1954, etc. Many other laws are applicable to this provision and they primarily consist of personal laws of various castest and women welfare laws.

Amount of maintenance

The appeals under the act are heard by the magistrate (first class) only. While providing maintenance to the mentioned individuals various factors are taken into consideration primarily monetary factors. These include factors such as income, the standard of living, and different circumstances if any. There is no fixed amount of maintenance. It will be determined based on the livelihood of the individual.

Conclusion

Section 125 of the code provides the provision concerning the maintenance of women, children, and the elderly by the male member in the case of the wife and by the daughter or son in the case of parents. This section was introduced to provide solidarity to the personal law provision of maintenance of wives. This section has ensured to bring about social change and welfare for the individuals deprived of their livelihood. The section has witnessed various case laws and provisions being amended to cope with the changing times and scenarios. There are however two controversies or as you can say loopholes in this section. Many a time the female members and elderly are not provided with basic maintenance even though provisions are in place by the male members by way of coercion. They are deprived of it in many rural areas still in India making the law inoperative there. There is persistent disregard for the law which has led to the presence of such cases not being given justice. The government will have to make strict provisions against such individuals and awareness at the individual level will be needed to be created by the citizens about the importance of this provision. The second issue witnessed is the misuse of this provision. Many cases have been reported where the elderly or the wives have wrongfully claimed for maintenance which has led to injustice on part of the male members of the person liable to provide maintenance. People should understand that laws are made to provide justice. These laws should not be used to defraud and take advantage of people. People should understand their responsibility and duty and not misuse the laws created for their benefit. A country with appropriate laws for women, children, and the elderly along with their cooperation is considered a well-developed country.

Reference

This article on 'Revision under CrPC, 1973: All you need to know' was written by an intern at Legal Upanishad.

Introduction

The processes involved in the criminal justice system can have a huge impact on the lives of those involved, especially the rights guaranteed to the people under the Indian constitution such as the right to life and individual liberties. Considering this need too and avoid the failure of the justice system, the Criminal Procedure Code of 1973 developed various provisions. Articles 372 to 394 of the Criminal Procedure Code deal with the provisions regarding the appeal. To prevent the aggrieved party from being left with fewer claims, the legislators incorporated the concept of reconsideration under the Criminal Procedure Code, known as the "Amendment" which was provided for in the Criminal Procedure Code. Code to maintain supremacy. The goal of the entire judicial system is to provide justice. Sections 397 to 405 of the Code include provisions concerning the revised jurisdiction granted to superior courts and the procedure by which superior courts exercise jurisdiction guaranteed to them.

What is Revision?

The term 'review' is not defined in the CrPC 1973 but under Section 397 it provides that the High Court or any judge of the session is empowered to request or examine the records of any proceedings. proceedings to meet the following conditions - To verify the correctness, legality, or correctness of any discovery, award, or order, whether recorded or made. To examine proceedings in a lower court for any penalty or any order in a reasonably specific manner. These are not the only rights, but it is also possible to exercise the right to order the accused to be released on bail or to bail himself if the accused is in custody. Furthermore, they can also order investigations with certain limitations and the main purpose behind granting these powers to the appellate courts is to prevent any wrongdoing by the Courts or the courts. judge. Certain provisions were added to the Civil Procedure Act of 1908 and the Criminal Procedure Act of 1973 to review the decisions and judgments of the lower courts, the High Court, and the opportunity for a legacy of justice. As this aspect of the judiciary is implemented, the provisions of appeal, review, review, and reference will be incorporated into the Criminal Procedure Code, allowing an injured party to apply to a higher court to challenge or review an existing judgment or a lower court decision. These aspects are discussed in detail within CrPC.

Grounds for revision

- Chapter XXX, Section 397 to Section 402 of the Code of Criminal Procedure, 1973 deals with the provision of Revision. - Civil Revision & ● Criminal Revision are the two major grounds for revisions - When a subordinate court exercises a jurisdiction, i.e., not vested in it by law - When a subordinate court fails to exercise its rightful jurisdiction as vested in it by Law - The subordinate court acts illegally or with material irregularity while exercising its jurisdiction - The power of revision shall not be exercised in case of the interlocutory or interim order passed in appeal, inquiry, trial, or other proceedings. - The High Court or Sessions Judge shall not interest an application for revision by a person who has previously applied for the same in either of them.

Conditions For Reference Under Section 395

- The case should be pending before the court - The case should necessarily involve a question of law - The law which is in question must be in the form of an Act, ordinance, or regulation - The courts must believe that the law in question is invalid

Revision Procedure

Even the court has the power to initiate a review through Suo Moto or if the aggrieved party files a lawsuit within the set statute of limitations. But it should be noted that a court can only exercise its jurisdiction when a lower court has failed to exercise its lawful jurisdiction or has abused or extended its jurisdiction. Once the petition is reviewed and authorized by the Court's decision (likely, the petition will also be dismissed), the error of jurisdiction will be corrected and the order reviewed and grounded. for review. In the case of a civil action for reconsideration, the case is not extenuated as the plaintiff dies and the final order goes to the name of the legal representative of the plaintiff.

Revision under CrPC, 1973

Suggestion

There are certain cases in which there is no right to appeal. The legislators bore this in mind and incorporated the concept of review procedure called revision in the legislature to completely avoid any miscarriage of justice for even those cases where the right of appeal has been barred by law, this needs to be looked into by the supreme powers of India. The legislature should accept certain degrees of interlocutory order for revision, because they may be temporary in nature they might affect the civilian’s life in a certain manner.

Conclusion

In the landmark judgment of Amit Kapoor v. Ramesh Chander & Anr. the Supreme Court of India held that “the revisional jurisdiction can be invoked only when the impugned decisions are grossly erroneous and there has been no compliance to the provisions of the law in those judgments and the findings recorded are based on no evidence, the material evidence is ignored or judicial discretion is exercised arbitrarily or perversely.” The appeals process gives you the right to go to court and allows the court to check facts or errors of law to achieve justice. However, only a judgment, order, or sentence issued by the criminal court may be appealed to the court stipulated in the Act. Accordingly, the right of appeal can only be exercised under the Code of Criminal Procedure or other applicable law and is therefore at the discretion of the court in which the appeal is lodged and cannot be claimed under law. In some cases, no appeal is allowed at all, and in fact, the decision, judgment, or sentence of the criminal court takes effect. All Magistrates whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for this sub-section and of section 398.

References