Introduction to Criminology

• Here are study notes based on the provided content.

Definition of Criminology

• Criminology is the scientific study of crime as a social phenomenon.
• Alternatively, it is a science dealing with aspects of behavior that violates criminal law.
• It encompasses the causes and prevention of crime, punishment and correction of criminals, and the operation of correctional institutions and agencies.
• It is a discipline embracing the etiology of criminal behavior, societal responses to crime, control of crimes, and correction of criminals.

Definition of Criminologist

• A criminologist is professionally trained to study and analyze the phenomenon of crime and criminal behavior using a scientific approach.

History of Criminology

• The term "criminology" originated with French anthropologist Topinard in 1879.
• The first American criminology textbook was written by sociologist Maurice Parmalee in 1920.
• Criminology was first taught in India in 1940 at the Jail Officers Training School, Lucknow.
• A diploma course started in Lucknow University in 1949.
• Four universities started independent criminology departments: Tata Institute of Social Sciences (Bombay, 1954), University of Saugar (Sagar, 1959), University of Madras (Madras, 1965), and University of Karnataka (Dharwad, 1970).

Notable Figures

• C, Wright Mills identified politicians, bureaucrats, and military men as the "power elite."
• Wallet Reckless authored "The Crime Problem" in 1955.

Offenses Against the Human Body Under Bharatiya Nyaya Sanhita (BNS), 2023

• These offenses are defined and addressed in the new legal framework.

Offenses Affecting Life

• Murder (Section 101 BNS): Intentional killing of another person, punishable by death or life imprisonment with a fine.
• Culpable Homicide (Section 100 BNS): Killing without premeditation but with the knowledge that death may be caused; reworded for clarity.
• Death by Negligence (Section 104 BNS): Causing death due to rash or negligent acts, with stricter punishment to curb negligent behavior.
• Abetment of Suicide (Section 107 BNS): Encouraging or assisting suicide, with stricter provisions for harassment or coercion.
• Attempt to Commit Suicide (Section 109 BNS): Punishable in specific circumstances, such as attempts due to external abetment, while largely decriminalized.

Offenses Affecting the Body

• Hurt (Section 113 BNS): Causing bodily pain, disease, or infirmity to another person.
• Grievous Hurt (Section 114 BNS): Injuries causing serious harm, like permanent disability, disfigurement, or danger to life; definition slightly modified for clarity.
• Acid Attacks (Section 115 BNS): Throwing or using acid to cause severe injuries; punishment is imprisonment up to life, with speedy trials mandated (completion within 30 days).
• Voluntarily Causing Hurt (Sections 116-118 BNS): Intentionally injuring someone.
• Voluntarily Causing Grievous Hurt (Sections 119-120 BNS): Intentional infliction of serious injuries; stronger penalties for repeat offenders.

Assault and Criminal Force

• Assault (Section 122 BNS): Threatening someone with violence, even without physical contact; legal language refined.
• Criminal Force (Section 121 BNS): Using force against a person without their consent; modified slightly for better interpretation.
• Outraging the Modesty of a Woman (Section 81 BNS): Acts intended to insult or harm a woman’s dignity; stricter punishment, especially for harassment in public places.

Wrongful Restraint and Confinement

• Wrongful Restraint (Section 127 BNS): Preventing a person from moving in a direction they have the right to move.
• Wrongful Confinement (Section 126 BNS): Unlawfully restricting a person’s movement completely; faster trial provisions introduced.

Kidnapping and Abduction

• Kidnapping (Sections 128-129 BNS): Taking a person away without their consent, especially minors; stricter penalties prescribed for kidnapping minors.
• Abduction (Section 130 BNS): Forcibly taking a person from one place to another.
• Kidnapping for Ransom (Section 131 BNS): Abduction with intent to demand ransom; the minimum punishment has been increased to ensure deterrence.

Sexual Offenses

• Rape (Sections 63-64 BNS): Non-consensual sexual intercourse; trials must be completed within 30 days, with judgment within 45 days.
• Gang Rape (Section 65 BNS): Rape committed by multiple persons; the minimum punishment is 20 years to life imprisonment.
• Sexual Harassment (Section 82 BNS): Unwanted sexual advances or behavior; stricter penalties for repeat offenders.
• Unnatural Offenses (Section 86 BNS): Covers sexual acts deemed unnatural under the law.

Key Amendments Under BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)

• Faster Trials: Rape trials must be completed within 30 days, with judgment within 45 days; acid attack cases are fast-tracked.
• Stronger Bail Provisions: No anticipatory bail for repeat offenders in cases of rape, acid attacks, and kidnapping; habitual offenders in human trafficking or sexual offenses must prove innocence before bail.
• Digital Case Management: Police must register FIRs within 3 days for serious crimes against the human body; medical reports of victims must be digitized to prevent tampering and ensure better evidence preservation.
• Increased Punishments: Penalties for gang rape and sexual assault have been enhanced; kidnapping for ransom now has stricter sentencing.

Types of Offenses Against Property Under Bharatiya Nyaya Sanhita (BNS), 2023

• Involve wrongful taking, damage, or misappropriation of property through deception, force, or breach of trust.

Theft (Sections 302-307 BNS)

• Simple Theft (Section 302 BNS): Stealing property without force or violence.
• Aggravated Theft (Section 303 BNS): Punishable with imprisonment up to 3 years or a fine.
• Theft in Dwelling House (Section 304 BNS): Theft committed inside a house or place of worship; punishment remains strict.
• Theft by Servant or Clerk (Section 305 BNS): When an employee steals from their employer; language refined for clarity.

Extortion (Sections 308-313 BNS)

• Forcing someone to give up property or money by threatening harm or injury.
• Punishable under Section 308 BNS with imprisonment up to 3 years, a fine, or both.
• Putting a Person in Fear of Death to Extort (Section 311 BNS): Punishment increases significantly if death threats are used.

Robbery and Dacoity (Sections 314-319 BNS)

• Involve violence or threats to steal property.
• Robbery (Section 314 BNS): Theft or extortion involving immediate threat or harm.
• Punishment for Robbery (Section 315 BNS): Imprisonment up to 10 years and fine.
• Dacoity (Section 316 BNS): Robbery committed by five or more persons.
• Punishment for Dacoity (Section 317 BNS): Life imprisonment or rigorous imprisonment up to 10 years.

Criminal Misappropriation of Property (Sections 320-321 BNS)

• Dishonest Misappropriation (Section 320 BNS): Using someone else's property dishonestly.
• Misappropriation of Property of Deceased (Section 321 BNS): Taking possession of the property of a deceased person dishonestly; stricter penalties for fraud against deceased persons' estates.

Criminal Breach of Trust (Sections 322-326 BNS)

• A person entrusted with property dishonestly misuses it or converts it for personal use.
• Punishment (Section 322 BNS): Imprisonment up to 3 years, fine, or both.
• If committed by a public servant (Section 326 BNS): Punishment can extend to life imprisonment.

Receiving Stolen Property (Sections 327-331 BNS)

• Buying or receiving property knowing it was stolen.
• Punishment (Section 328 BNS): Imprisonment up to 3 years, fine, or both.
• Stricter measures for repeat offenders to curb the resale of stolen property.

Cheating and Fraud (Sections 332-337 BNS)

• Cheating (Section 332 BNS): Deceiving someone to cause harm or gain.
• Fraudulent Deeds and Dispositions (Section 335 BNS): Dishonest disposal of property to defraud creditors.
• Cheating and Dishonest Inducement (Section 337 BNS): Punishable with imprisonment up to 7 years and a fine.

Mischief (Sections 338-344 BNS)

• Mischief (Section 338 BNS): Intentionally causing damage to another’s property.
• Mischief by Fire (Sections 341-343 BNS): Setting property on fire is punishable with life imprisonment or rigorous imprisonment up to 10 years.

Criminal Trespass (Sections 345-354 BNS)

• Criminal Trespass (Section 345 BNS): Illegally entering someone’s property.
• House-Trespass (Section 346 BNS): Entering a house unlawfully.
• Lurking House-Trespass (Sections 347-349 BNS): Trespass with secrecy or force.
• House-Breaking (Section 350 BNS): Breaking into a house to commit a crime; stricter punishment for repeat offenders.

Key Amendments Under BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)

• Faster Investigation and Trials: Theft, robbery, and property-related crimes must be investigated within 60 days; cheating and fraud cases will have digital evidence tracking.
• Stronger Bail Provisions: Habitual offenders of theft, robbery, or fraud will have stricter bail conditions; repeat property crime offenders will not get anticipatory bail easily.
• Increased Punishments: Dacoity and organized robbery penalties have been enhanced; house trespass and burglary punishments are now stricter, especially for repeated offenses.
• Digital Case Management: All property crime cases will be registered digitally, and FIRs must be completed within three days.

Offenses Against Women and Children Under Bharatiya Nyaya Sanhita (BNS), 2023

• Aimed at protecting women and children, these offenses include sexual and domestic violence.

Offenses Against Women

Sexual Offenses

• Rape (Sections 63-64 BNS): Non-consensual sexual intercourse, punishable with 10 years to life imprisonment; fast-track trials mandated under BNSS.
• Gang Rape (Section 65 BNS): Rape committed by multiple persons, punishable with life imprisonment.
• Custodial Rape (Section 64(2) BNS): Rape committed by a police officer, doctor, teacher, or public servant; stricter penalties introduced.
• Sexual Harassment (Section 75 BNS): Unwelcome sexual advances, remarks, or physical contact; punishable with up to 3 years imprisonment.
• Voyeurism (Section 76 BNS): Watching or recording a woman engaging in private acts without her consent; punishable with up to 3 years for the first offense and up to 7 years for repeat offenses.
• Stalking (Section 77 BNS): Following or attempting to contact a woman repeatedly against her will; punishable with up to 3 years for the first offense, 5 years for repeat offenses.
• Unnatural Offenses (Section 69 BNS): Any sexual act considered unnatural under the law.

Domestic Violence and Harassment

• Cruelty by Husband or Relatives (Section 85 BNS): Physical or mental harassment by the husband or in-laws, including dowry demands; stricter bail conditions introduced under BNSS.
• Dowry Death (Section 86 BNS): Death of a woman due to dowry harassment, punishable with 7 years to life imprisonment; mandatory case resolution within 60 days under BNSS.
• Protection of Women from Domestic Violence Act, 2005: Provides protection, shelter, and financial support to victims of domestic abuse.

Indecency and Trafficking

• Outraging Modesty of a Woman (Section 74 BNS): Assault or criminal force intended to insult a woman’s dignity; punishment remains up to 5 years imprisonment.
• Human Trafficking (Section 108 BNS): Illegal buying, selling, or exploitation of women for prostitution or forced labor; punishment increased for organized trafficking gangs.
• Prohibition of Child Marriage Act, 2006: Prevents marriage of girls below 18 and boys below 21; stricter enforcement introduced under BNSS, including automatic case registration upon complaint.

Offenses Against Children

Sexual Crimes (POCSO Act, 2012 & BNS)

• Rape of a Minor (Section 66 BNS): Rape of a girl below 12 years, punishable with the death penalty or life imprisonment.
• Sexual Assault (POCSO Act, 2012): Any sexual act with a child under 18 years; mandatory reporting introduced under BNSS.
• Child Pornography (Section 119 BNS): Possession, sharing, or creation of sexual content involving minors; punishable with up to 7 years imprisonment.

Kidnapping and Abduction

• Kidnapping of a Minor (Section 110 BNS): Taking away a child from legal guardianship; punishment remains up to 7 years imprisonment.
• Kidnapping for Ransom (Section 111 BNS): Punishable with the death penalty or life imprisonment; special provisions under BNSS ensure immediate police action.

Child Labor and Exploitation

• Child Labor (Prohibition and Regulation) Act, 1986: Prohibits employment of children below 14 years; stricter penalties introduced for repeat offenders.
• Bonded Labor (Abolition) Act, 1976: Prohibits forcing children into labor or slavery.

Child Abuse and Neglect

• Abandonment of a Child (Section 113 BNS): Leaving a child under 12 years without care; punishable with up to 7 years imprisonment.
• Exposure and Abandonment Leading to Death (Section 60 BNS): If the child dies due to neglect, the guardian is punishable with life imprisonment.

Key Amendments Under BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)

• Faster Investigation and Trials: Sexual offenses against women and children must be investigated within 60 days; special courts for child abuse and rape cases to ensure faster trials.
• Stricter Bail Conditions: Rape, trafficking, and child sexual abuse cases will have stricter bail provisions; habitual offenders denied anticipatory bail.
• Digital Case Management: All FIRs in sexual offense cases must be filed digitally within 3 days; video recording of statements made mandatory.

Types of Offenses Against the State (BNS and BNSS Provisions)

• Amendments have been intorduced but most core definitions are retained.

Waging War Against the State

• Section 153 BNS: Defined as engaging in war or attempting to wage war against the Government of India; punishment is death penalty or life imprisonment, along with a fine.

Collecting Arms to Wage War

• Section 154 BNS: Involves gathering weapons or resources with the intent to wage war against the government; punishable by life imprisonment or rigorous imprisonment for 10 years, along with a fine.

Conspiracy to Commit War

• Section 155 BNS: Concealing plans or conspiring to wage war against the state; punishable by up to 10 years of imprisonment and a fine.

Assault on High Officials

• Section 156 BNS: Attacking the President, Governor, or any government official in a way that threatens their authority; punishable by life imprisonment or up to 7 years, with a fine.

Sedition

• The term "sedition" has been removed under BNS.
• Section 150 BNS (Acts Endangering Sovereignty, Unity, and Integrity of India): Engaging in any act that endangers India's sovereignty, unity, and integrity through words, signs, or actions; punishable by life imprisonment or up to 7 years of imprisonment, along with a fine.

Unlawful Assembly Against the State

• Section 189-192 BNS: Gathering in a group with the intent to disturb peace or challenge government authority; punishable by up to 6 months of imprisonment or a fine, or both.
• Faster investigation timelines for unlawful assembly cases.
• Stricter conditions for bail in cases involving violence against law enforcement.

Promoting Enmity Between Different Groups

• Section 197 BNS: Creating tension between communities or religions to harm public order; punishable by up to 5 years of imprisonment, or fine, or both.

Statements Against National Integrity

• Section 198 BNS: Making false claims that question India’s sovereignty, national security, or unity; punishable by up to 7 years of imprisonment and a fine.

Unlawful Activities (UAPA)

• UAPA remains unchanged, but procedural changes under BNSS:
• Faster case trials for terrorism and unlawful activities.
• Stronger provisions for financial tracking of terrorist funding.

BNS Equivalent Offenses

• Acts Threatening National Security (Section 152 BNS): Includes terrorist activities, financing terrorism, or supporting banned organizations; punishable by life imprisonment or the death penalty, depending on severity.

Key Amendments Under BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)

• Faster Investigation and Trials: Terrorism-related offenses must be investigated within 90 days; special courts for offenses against the state to ensure faster trials.
• Stricter Bail Conditions: Sedition covered under Section 150 BNS requires approval from a High Court for bail; unlawful assembly with violence will have stricter bail provisions.
• Enhanced Surveillance Powers: Law enforcement can use digital evidence more extensively; tighter financial tracking for activities that promote enmity between groups.

FIR, Arrest, and Bail Procedures (BNS & BNSS Amendments)

• Significant changes have been made to FIR registration, arrests, and bail procedures while retaining core legal principles.

First Information Report (FIR) – Section 173 BNSS

• FIR (First Information Report) is a document prepared by the police when they receive information about a cognizable offense.
• It marks the first step in a criminal investigation.
• FIRs can be filed by the victim, a witness, or any person having knowledge of the offense, as well as the police officer himself.
• FIRs should be filed at the police station with jurisdiction over the place of occurrence.
• If police refuse to register, the complainant can approach the Superintendent of Police (SP) or file a complaint in court.
• An FIR must contain the date, time, and place of occurrence; names of accused (if known); description of the offense; and a statement of the informant.
• For non-cognizable offenses: Police need prior approval from the Magistrate.

Amendments and Key Developments Under BNSS

• 2013 Amendment: Mandatory registration of FIRs in sexual offenses.
• Zero FIR: FIR can be filed at any police station, irrespective of jurisdiction.
• Introduction of e-FIR: E-FIR allowed for offenses punishable up to 3 years.
• FIR Must Be Digitally Signed: Police must digitally sign FIRs and share a copy with the complainant immediately.

Arrest Procedures – Sections 33 to 49 BNSS

• Cognizable Offences: Police can arrest without a warrant for serious crimes like murder and rape.
• Non-Cognizable Offences: Police require prior permission from a Magistrate to arrest for lesser offenses like defamation.
• Rights of the Arrested Person: Right to be informed of the grounds of arrest; right to inform a relative or friend; right to be presented before a Magistrate within 24 hours; right to legal representation.
• Arrest Without Warrant: Police cannot arrest for offenses punishable with less than 3 years of imprisonment unless certain conditions are met.

Key Changes Under BNSS

• Mandatory audio-video recording of arrests.
• Women & Elderly Protections: No woman can be arrested after sunset and before sunrise without approval from a Judicial Magistrate; senior citizens above 60 years cannot be arrested for offenses punishable with less than 3 years.
• Custodial Interrogation Rules Tightened.

Bail Procedures – Sections 481 to 484 BNSS

Types of Bail

• Bailable Offenses: Accused has the right to bail.
• Non-Bailable Offenses: Bail is granted at the discretion of the court, especially difficult for serious crimes like murder, rape, and terrorism.
• Anticipatory Bail: Given before arrest to prevent unnecessary detention; only Sessions Court or High Court can grant anticipatory bail.
• Default Bail: The accused has the right to bail if the investigation is not completed within 60 days (for offenses punishable with less than 10 years) or 90 days (for offenses punishable with death, life imprisonment, or over 10 years).

Key Amendments & Supreme Court Decisions

• For sexual offenses against children under POCSO, bail is more stringent.
• Satender Kumar Antil v. CBI (2022): Courts should avoid unnecessary arrests and allow bail where possible.
• New BNSS Rule – Bail for Elderly & Sick: Persons above 75 years or suffering from a serious illness are eligible for special bail considerations.
• New BNSS Rule – Bail for Women: Women accused of non-violent offenses can get bail more easily.

Juvenile Justice (Care and Protection of Children) Act, 2015

• Overview & Amendments (Including BNS & BNSS Provisions).

Key Objectives of the JJ Act, 2015

• To provide a legal framework for the protection, rehabilitation, and trial of children involved in offenses.
• To ensure the care, protection, treatment, and rehabilitation of children in conflict with the law.
• To distinguish between children in need of care and protection and children in conflict with the law.
• To prescribe rehabilitation-based justice rather than punishment.
• To allow juveniles (aged 16-18) involved in heinous crimes to be tried as adults.

Important Provisions of the JJ Act, 2015

Children in Conflict with Law

• A child below 18 years is considered a juvenile and treated differently from adult offenders. Exception: Juveniles aged 16-18 years committing heinous offenses may be tried as adults based on the Juvenile Justice Board’s (JJB) assessment.

Children in Need of Care and Protection

• Includes orphans, abandoned children, street children, victims of trafficking, child laborers, and children facing abuse. The Child Welfare Committee (CWC) decides their care, adoption, and rehabilitation.

Juvenile Justice Board (JJB) – Section 4

• A three-member board handles cases involving juveniles in conflict with the law. Determines whether a child aged 16-18 should be tried as an adult in heinous offenses.

Adoption (Section 56-73)

• Central Adoption Resource Authority (CARA) is responsible for legal adoptions. Simplifies adoption procedures.

Punishments for Crimes Against Children

• Giving intoxicating substances to children: Up to 7 years imprisonment and a fine.
• Exploitative child labor: Up to 5 years imprisonment and a fine.

Amendments to the Juvenile Justice Act

Juvenile Justice (Amendment) Act, 2021

• District Magistrates (DMs) now have powers to issue adoption orders, ensuring faster adoption.
• DMs can supervise Child Care Institutions (CCIs) for better regulation.
• Stringent punishment for offenses against children, including abuse in CCIs.

Recent Developments & Supreme Court Observations

• Supreme Court ruling: Juvenile offenders cannot be automatically treated as adults; proper assessment by the JJB is mandatory. Increase in heinous juvenile crimes has sparked discussions on lowering the juvenile age further.

BNS & BNSS Provisions Related to Juvenile Justice

Juvenile Crimes Under Bharatiya Nyaya Sanhita (BNS), 2023

• Heinous Offenses by Juveniles (Section 105 BNS): Murder by a juvenile aged 16-18 can be tried as an adult if the JJB finds it appropriate.
• Sexual Offenses Against Children (Section 69 BNS): Rape of a minor carries severe punishment, with stricter provisions under the Protection of Children from Sexual Offenses (POCSO) Act.
• Child Trafficking (Section 160 BNS): Involvement of juveniles in organized crime can lead to trial as an adult.

Juvenile Procedures Under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

• Arrest of Juveniles (Section 35 BNSS): A juvenile cannot be arrested like an adult; police must inform parents/guardians immediately and produce the child before the Juvenile Justice Board (JJB) within 24 hours.
• Bail for Juveniles (Section 489 BNSS): Bail is granted unless the juvenile is a threat to society or has committed a heinous offense.
• Investigation & Trial (Section 487 BNSS): Speedy investigation & trial for juvenile cases is mandatory.

Landmark Cases Under the JJ Act

• Cases have led to ammendments to the act.

Challenges & Concerns in Implementation

• Rehabilitation Issues: Lack of proper reintegration programs for juvenile offenders.
• Misuse of Law: Some offenders fake their age to be tried as juveniles and receive lenient punishment.
• Overcrowding in Juvenile Homes: Inadequate facilities for both child offenders and children in need of care.

Protection of Children from Sexual Offences (POCSO) Act, 2012

• Overview & Amendments (Including BNS & BNSS Provisions).

Key Features of the POCSO Act, 2012

Definition of Sexual Offenses

• Penetrative Sexual Assault: Includes rape, oral sex, and object penetration; punishment is 10 years imprisonment, extendable to life imprisonment.
• Aggravated Penetrative Sexual Assault: Assault by relatives, police, teachers, doctors, or any person in authority; punishment is life imprisonment or the death penalty in severe cases.
• Sexual Assault: Touching private parts or any physical contact with sexual intent without penetration; punishment is 3 to 5 years imprisonment.
• Sexual Harassment: Verbal abuse, showing pornography, stalking, making sexual gestures; punishment is up to 3 years imprisonment.
• Using Children for Pornography: Filming, distributing, or possessing child pornography; punishment is up to 7 years imprisonment.

Child-Friendly Reporting & Trial Process

Special Provisions for Victims

• Mandatory Reporting: Any person aware of child sexual abuse must report it.
• Recording of Statements: Statements must be recorded in a child-friendly manner, preferably by a female police officer.
• No Repeated Questioning: The child should not be repeatedly interrogated.
• In-Camera Trial: Child’s identity is kept confidential.

Amendments to the POCSO Act

POCSO (Amendment) Act, 2019

• Stronger Punishments for Sexual Offenses: Increased minimum punishment for penetrative sexual assault; death penalty introduced.
• Criminalization of Child Pornography: Storing or distributing child pornography leads to imprisonment.

Supreme Court Interpretations & Recent Developments

• Supreme Court ruling in the Satish Ragde Case: Skin-to-skin contact is not necessary for sexual assault; intent and circumstances matter more than physical contact.

BNS & BNSS Provisions Related to POCSO

POCSO-Related Crimes Under Bharatiya Nyaya Sanhita (BNS), 2023

• Rape & Sexual Assault Against Minors: More stringent punishment for rape of a minor; minimum sentence of 20 years, extendable to life imprisonment or death penalty in aggravated cases.
• Child Trafficking for Sexual Exploitation: Stricter punishment for trafficking of minors.
• Child Pornography & Digital Sexual Exploitation: Punishable with imprisonment up to 10 years.

POCSO Procedures Under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

• Mandatory Reporting & Investigation: Police must register an FIR immediately.
• Child-Friendly Investigation: Statements must be recorded in safe environments.
• Protection of Victims’ Identity: Strict prohibition on publishing or revealing the identity of child victims.

Challenges & Concerns in Implementation

• Delay in Justice: Cases are pending due to backlogs in courts.
• False Cases: Misuse of POCSO against consensual teenage relationships.
• Low Conviction Rate: Poor investigation.
• Lack of Awareness: Many victims and families are unaware of their rights.

Protection of Women from Domestic Violence Act, 2005 (PWDVA)

• Overview, Amendments & BNS/BNSS Provisions.

Key Features of the PWDVA, 2005

Definition of Domestic Violence

• Physical Abuse: Assault, beating, injury, or any form of bodily harm.
• Emotional & Verbal Abuse: Insults, threats, humiliation, or mental harassment.
• Sexual Abuse: Forced sexual relations, abuse, or harassment.
• Economic Abuse: Denial of financial support, property rights, or basic necessities.

Who Can File a Complaint?

• Any woman can be subjected to domestic violence.

Protection for Women in Live-in Relationships

Landmark Judgment: Recognized live-in relationships under PWDVA.

Rights & Reliefs Under the Act

Orders can be given in the victims favor.

Protective orders

Courts can restrict the abuser from committing further violence, communicating with the victim, or entering her workplace/home.

Residence orders

The woman cannot be forced out of her shared household, even if she does not own it.

Monetary relief

Courts can direct the abuser to pay medical expenses, maintenance, or damages.

Custody orders

Courts can grant custody of children to the woman.

Compensation orders

Compensation can be sought for mental tourture and emotional distress.

Amendment & Recent Developments

PWDVA (Amendment) Bill, 2022 – Key Provisions

• Stronger Penalties: Non-compliance with court orders can lead to stricter punishments.
• Quicker Relief: Courts directed to resolve cases within 60 days.
• Inclusion of Digital Harassment: Online abuse added under emotional abuse.

BNS & BNSS Provisions Related to Domestic Violence

Domestic Violence & Related Offenses Under Bharatiya Nyaya Sanhita (BNS), 2023

• Cruelty Against Women: Covers physical and mental cruelty; punishment is up to 3 years imprisonment + fine.
• Dowry-Related Harassment & Death: Dowry-related cruelty and deaths are strictly punished; minimum sentence for dowry death is 10 years to life imprisonment.
• Protection of Women in Live-in Relationships.
• Digital Harassment & Cyberstalking: Online abuse is now criminalized.

Domestic Violence Procedures Under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

• FIR Registration & Investigation: Mandatory police registration of a complaint.
• Protection of Women During Investigation: Statement must be recorded in a safe environment.
• Fast-Track Proceedings: Courts must conduct hearings expeditiously.
• Protection of Identity & Privacy: Identity of domestic violence victims must remain confidential.

Challenges in Implementation

• Delayed Justice: backlogs in courts.
• Misuse Allegations: Misuse for false accusations, complicating genuine cases.
• Lack of Awareness: Many women don’t know their rights .
• Poor Enforcement: Protection Officers & police often fail to take immediate action.

History, Structure, and Functions of Police

History of Police

The concept of policing has evolved over centuries.

• Ancient Policing: Appointed guards to maintain order; policing systems existed in ancient empires.
• Medieval Period: Citizens took turns keeping watch; the office of the Sheriff emerged.
• Modern Policing: The London Metropolitan Police was the first professional police force.

Structure of Police

The structure of the police varies by country.

Central Level

• Central Agencies handle major crimes and intelligence.

State Level

• State Police operate through a hierarchy from DGP to Constables.

Local Level

• Led by a Commissioner of Police.

Functions of Police

• Law Enforcement: Enforcing laws and regulations.
• Maintaining Public Order: Controlling riots and protests.
• Crime Prevention and Investigation.
• Protection and Security
• Community Policing and Public Welfare

Structure and Functions of the Judiciary

• Divided into supreme, high, and subordinate courts.

Supreme Court (Apex Court)

• Original, appellate, advisory, and writ jurisdiction.

High Courts (State Level)

• Original, appellate jurisdiction, and supervisory role over lower courts.

Subordinate Courts

• District and subordinate magistrate and civil courts, and special courts.

Functions of the Judiciary

• Interpretation and Application of Laws
• Protection of Fundamental Rights
• Judicial Review
• Dispute Resolution
• Criminal Justice Administration
• Advisory Role
• Law-Making Through Precedents
• Supervisory Functions

Structure and Functions of Prisons in India

• governed by the Prisons Act and managed by state governments.

Types of Prisons

• Central Prisons: Houses long-term convicts.
• District Prisons: Holds undertrial prisoners and convicts with shorter sentences.
• Sub-Jails: Used for temporary detention of prisoners.
• Open Prisons: Less restrictive, allowing interaction with society.
• Women’s Prisons: Provides childcare facilities.
• Juvenile Homes: Houses minors involved in criminal activities.
• Borstal Schools: Focuses on reforming young offenders.
• Detention Centers: Holds foreign nationals awaiting deportation.
• Special Prisons: High-security facilities for terrorists.

Functions of Prisons in India

• Custodial Function: Safe detention of prisoners and preventing escapes.
• Correctional and Reformative Functions: Vocational training and education programs.
• Welfare and Healthcare
• Legal Aid and Human Rights Protection
• Reformation and Rehabilitation
• Security and Discipline

Challenges in the Indian Prison System

• Overcrowding
• Undertrial Prisoners
• Poor Rehabilitation Efforts
• Corruption and Violence