LawPaws007

  Theories of Punishment Introduction One of the chief purposes of the law is to restrict the people to do wrong. This includes punishing the wrongdoer so as to create fear , however, creating to fear is not the only intention. Here we will look at the purpose of punishments. Punishment in Ancient India In the Ancient Indian period, the punishments were not so strict. The people were extricated from the country. At the zenith, they were made to be thrown in jail. Punishment in Medieval India At the time of medieval India, the people were given stricter punishments. Their arms were cut. They were given the transportation of life. They were put in jail. They were sent on an exile.  Punishment under British Empire In the case of the British Empire, the people were given the punishment in a relatively formal manner. Each offence was equated to certain punishment. Various punishments were defined under Indian Penal Code, 1860. The procedure was explained in the Code of Criminal Pro...

by Harmanjot Kaur   Crime is simply defined as the opposite of altruism.[1] Criminal law, especially related to sexual offences has been the cynosure of intense debate. While there are various theories on the causation of crime , today we need to understand why people get deviated. Critical analysis of the crimes will not only help us in understanding the psychology of criminals but also help us in devising ways for the prevention of crime. Research has shown that the main reasons include unemployment, rising competition, paternal conflicts, domestic and even substance abuse. What is recidivism? Recidivism is defined as the persistent and excessive re-engagement in the same crime whether convicted or not. Traditionally, it was related to less heinous crimes such as theft, forgery, chain-snatching, etc. However, ranging from Nirbhaya Rape Case to Kathua’s Rape Case , we have observed that ‘rape’ although is a heinous crime, but due to its increased frequency, it’s taking th...

  Conundrum between Adversarial and Inquisitorial System by Harmanjot Kaur  “No one can be guilty unless proved beyond reasonable doubt.”  This is the cliché legal maxims at the start of law school or even CLAT preparation; and ends up only when we fly to a big corporate law firm, where all we do is merger and acquisition, or other IPR related jobs. In litigation, this is one of the most persuasive lines, which governs all the laws related to the Evidence Act and Criminal Justice. The former President of India, Dr R.Venkataraman also observed the present system [7] : “The Adversarial System is the opposite of our ancient ethos. In the panchayat justice, they were seeking the truth, while in the adversarial procedure, the Judge does not seek the truth, but only decides whether the charge has been proved by the prosecution. The Judge is not concerned with the truth; he is only concerned with the proof. Those who know that the acquitted accused was, in fact, the offender, lo...