IAHRW International Journal of Social Sciences Review

Vikas Chaudhary ¹

Affiliations
1 Department of Law, C.R. Law College, Hisar, Haryana, IN

Abstract

The Criminal Amendment Act 2005 brought fresh air to the ailing criminal justice delivery system of India plea bargaining is mutually satisfactory disposition of criminal cases where the accused plead guilty and is ready to compensate the victim in exchange of lesser punishment. The recommendations of the Law Commission of India and its 142 and 145 reports were statutory, recognized in the form of chapter XXI-A of the Crpc 1973 consisting of sections 265A to 265L by way of Criminal Law (Amendment) Act 2005. But certain safeguard was also adopted as the applicability of plea bargaining is restricted to certain offences. It is not applicable to offences punishable with imprisonment of seven years or more. It is also not applicable to offences against woman, social economic offences, offences against children. The plea bargaining shall take effect only when the consent of victim, judge and prosecutor has been obtained. The judgment is pronounced in open court. Plea bargaining also protects the rights of victims of crimes by mandating the court to pay compulsory compensation to them as soon as the plea bargaining process is complete. The plea bargaining is a new horizon in the Indian Criminal Justice System.

Keywords

Plea Bargaining

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Vikas Chaudhary ¹

Affiliations
1 Department of Law, C.R. Law College, Hisar, Haryana, IN

Abstract

Infanticide is the term which is used to denote the unlawful destruction of a new born baby. Since it is an age old practice and is widely noticed in the parts of Indian-sub-continent. Female infanticide has assumed the status of evil as the derogatory practice has become the hall mark of Indian Society. The reasons indicated for this evil is the spread of dowry with exorbitant demands, patriarchal society and feudal mindset of the people. The legislations are enacted to curb this menace. There are provisions in the Indian Penal Code 1860 in the form of section 312, 313, 314. 315, 316 which makes the miscarriage a punishable offence and if done with the consent of the mother, the mother is also liable as an abettor. The Medical Termination of Pregnancy Act 1971 (M.P.T.) and Pre-natal Diagnostic Techniques, (prohibition of set selection) Act 1994 has created deterrent against the female foeticide but this menace is still prevailing as we need to change the mindset of the people. Legislation alone can not provide solution to this social evil.

Keywords

Female Infanticide, Miscarriage, Foeticide.

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Vikas Chaudhary ¹

Affiliations
1 Department of Law, C.R. Law College, Hisar, Haryana, IN

Abstract

The constitutional mandate Under Article 20(2) is that no person shall be vexed twice for the same cause. The corresponding provision in the code of criminal procedure in section 300 of the Act calls for the idea of Issue Estoppel. The Apex Court Judgment in the case of Kollaveera Ragh Roa Vs Gorantla Venkateswara Rao (A.I.R.2001SC641) has added new dimension to the concept of Double Jeopardy. It was categorically held by the Supreme Court that person already convicted under section 138 of the Negotiable Instrument Act 1981 could not be again tried and convicted under section 420 of the IPC or under any other provision of any other law which is in force for the time being. Apex Court dealt with section 300(1) of Crpc AND Article 20(2) of the Indian Constitution and a pragmatic and functional approach was adopted by the Supreme Court in resolving and reconciling the conflicting claims and interest.

Keywords

Double Jeopardy, Issue Estoppel.

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