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Questions and Answers
What is the minimum imprisonment for someone engaged in organized crime that results in death?
Which law deals with the prevention of illicit traffic in narcotic drugs and psychotropic substances?
What is the punishment for an individual found guilty of petty organized crime such as theft?
Under which act is customs controlled in India?
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Which of the following actions would be categorized as a form of organized crime?
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What is the punishment for organized terrorism that results in death?
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Mob lynching is characterized by which of the following elements?
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Which of the following is a major concern related to mob lynching?
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What is the duration of imprisonment for causing grievous hurt in a mob lynching case?
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Sedition laws, such as Section 124A, have been debated primarily due to concerns about what?
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Which legislative effort was mentioned in relation to mob lynching?
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The act of terrorism aims to disturb public order primarily through which method?
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In the context of terrorism, what does harboring or concealing individuals imply?
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The discretion to investigate terrorism issues lies primarily with which authority?
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What type of punishment can be imposed on members of a group involved in organized mob lynching?
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What does the new Section 152 relate to in terms of actions against the government?
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Why is sedition deemed unconstitutional?
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What is the maximum punishment for a driver involved in a hit and run resulting in death by negligence?
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According to the 3 D principle of Death by Negligence, which of the following represents the third 'D'?
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In the context of medical negligence, what must a doctor prove to defend against negligence claims?
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What change does Section 226 introduce regarding suicide attempts involving public servants?
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What is a key challenge regarding the role of public servants in the context of suicide attempts?
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What is not required under the revised sedition law?
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Under the updated legislation for Death by Negligence, what are doctors liable for?
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In the context of the updated law on suicide attempts, what is the new stance on personal reasons for such acts?
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Study Notes
Terrorism (S.113)
- Terrorism under the Indian Penal Code (IPC) targets India's unity, integrity, and security, disturbs public order, and intimidates the public.
- It involves using violence, destroying property, or disrupting essential services.
- Punishment for terrorism is severe and includes life imprisonment and fines.
- The punishment for terrorism is increased depending on the severity of the crime, including death or imprisonment.
- For harbouring or concealing terrorists, the punishment is a minimum of three years imprisonment, extending to life imprisonment and a fine.
- Other offences related to terrorism, such as conspiracy or attempts to commit terrorist acts, also carry a minimum five-year term extending to life imprisonment and a fine.
- The National Investigation Agency (NIA) investigates terrorism cases.
Terrorism (S.113) BNS VS UAPA
- The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) and the Unlawful Activities (Prevention) Act (UAPA) differ in their approaches to terrorism.
- The BIMSTEC emphasizes discretion with the Superintendent of Police (SP) in handling terrorism cases.
- The NIA refers terrorism cases to the UAPA for investigation.
- Concerns exist regarding potential misuse of the UAPA by the NIA and the potential for political interference in terrorism cases.
Mob Lynching (S.103(2)) & 117 (4)
- Mob lynching is defined as an act committed by five or more individuals against a person based on their race, caste, sex, place of birth, language, personal belief, or other similar grounds.
- When resulting in murder, every member of the group is liable for death or life imprisonment and a fine.
- If the mob causes grievous hurt to the victim, every member of the group faces imprisonment up to seven years and a fine.
Mob Lynching cause Grievous Hurt 117 (4)
- Mob lynching refers to an act committed by five or more individuals against a person based on their race, caste, sex, place of birth, language, personal belief, or other similar grounds.
- The perpetrator's punishment is imprisonment of up to seven years and a fine.
Mob Lynching (S.103(2))
- Mob lynching is a serious concern as it violates fundamental rights, erodes the rule of law, fuels communal tensions, and hinders effective law enforcement.
- Mob lynching highlights the failure of law enforcement and creates a lack of deterrence.
Mob Lynching (S.103(2))
- Legislative efforts to address mob lynching are underway in various states, including Manipur, West Bengal, and Rajasthan.
- A 2021 bill addressing mob lynching was introduced to the Lok Sabha (lower house of Parliament).
Sedition 124 A Similar in S. 152 BNS
- There is a long-standing debate regarding the sedition law in India.
- Sedition law was originally introduced during British rule to suppress dissent.
- The new Section 152 of the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) was added, replacing the controversial Section 124A, which dealt with sedition.
- The new Section 152 focuses on acts that incite secession, armed rebellion, or subversive activities, endanger Indian sovereignty, or encourage separatist activities.
- It requires more specific and intentional actions for prosecution.
Sedition 124 A Similar in S. 152 BNS Comparison
- Section 124A of the Indian Penal Code (IPC) has been removed from the BIMSTEC.
- The new Section 152 in BIMSTEC replicates Section 124A in the IPC, covering similar grounds of action.
- Previous sedition legislation required harsh words and action.
Sedition 124 A Similar in S. 152 BNS Comparison
- The sedition law has faced legal challenges due to its potential violation of fundamental rights.
- These challenges include potential violations of Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression, and Article 14, which guarantees equality before the law.
- Critics argue the sedition law disproportionately impacts journalists and other individuals who express dissenting views.
Death by Negligence (S.106 (2))
- Section 106(2) of the IPC deals with death by negligence.
- When death results from negligence, the responsible person faces imprisonment up to five years and/or a fine.
- If the death is caused by the negligence of a medical professional, the punishment is imprisonment up to two years and/or a fine.
- If the death is caused by a hit and run accident, the punishment is imprisonment up to 10 years and a fine.
- The principle of Duty, Damage and Default is applied in cases of negligence, where there is a duty of care, damage, or loss, and a default or failure to act appropriately.
Death by Negligence (S.106 (2))
- In medical negligence cases, the burden of proof lies on the doctor to demonstrate they followed the standard practices of their profession.
- The doctor needs to establish a clear duty of care towards the patient.
- The medical cause and effect of the negligence need to be established by an investigation.
Attempt to Commit Suicide to Deter Public Servant (S.226)
- Section 226 of the IPC addresses attempts to commit suicide with the aim of deterring a public servant from fulfilling their duty.
- An individual attempting suicide to compel or restrain a public servant from discharging their official duties faces imprisonment up to one year and/or a fine and/or community service.
- Section 309 of the IPC, which criminalized attempted suicide itself, has been removed.
- The new Section 226 focuses on deliberate attempts to commit suicide as a means of pressuring public servants. It safeguards public servants from undue coercion and promotes safety in their workplace.
Attempt to Commit Suicide to Deter Public Servant (S.226)
- There are challenges to balancing public servant discretion and responsibility.
- It's crucial to ensure a proper check and balance system to prevent undue influence or coercion of public servants.
- Distinguishing between suicidal attempts compelled by others and those made voluntarily is crucial to apply this section appropriately.
Organized Crime (S.111 & 112)
- Organized crime refers to criminal activities committed by a group or gang.
- The punishment for organized crime, such as murder, depends on the act committed and can range from a minimum five-year term, extending to life imprisonment and a fine.
- Intentional harbouring or concealing an individual involved in organized crime carries a minimum three-year term, extending to life imprisonment, and a fine.
- It is important to note that this section applies to intentional or planned acts of concealing or harbouring.
- "Member of Syndicate" means "membership of a syndicate".
- The punishment for lesser organised crime, like theft, snatching, cheating, etc. is imprisonment for not less than one year to a maximum of seven years and/or a fine.
Organized crime under Various laws
- Organized crime is addressed in various sections of the IPC and specific laws.
- Some states have enacted their own laws dealing with organized crimes.
- Other relevant laws include the National Security Act (1980), the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (1988), the Customs Act (1962), the Prevention of Money Laundering Act (2002), the Immoral Traffic (Prevention) Act (1956), the Foreign Exchange Regulation Act (1973), and the Public Gambling Act (1867).
- The text states that these laws are "scattered in different sections of the IPC", with some state governments also enacting their own laws on organized crimes.
Court View
- There are concerns regarding the potential for violations of fundamental rights when dealing with organized crime.
- The protection of an individual's fundamental rights is a crucial consideration in these cases.
Sedition 124 A Similar in S. 152 BNS
- Section 124A (sedition) has been removed from the BIMSTEC.
- A new section, similar to the former Section 124A, has been added to the BIMSTEC.
- Section 152 in BIMSTEC focuses on acts that incite secession, armed rebellion, or subversive activities, endanger Indian sovereignty, or encourage separatist activities.
Sedition 124 A Similar in S. 152 BNS Comparison
- Section 124A in BIMSTEC has been removed.
- The new Section 152 in BIMSTEC focuses on acts that incite secession, armed rebellion, or subversive activities, endanger Indian sovereignty, or encourage separatist activities.
- This section differs from the previous one by requiring more specific and intentional actions for prosecution.
Sedition 124 A Similar in S. 152 BNS Comparison
- The Sedition law (Section 124A in the IPC) was previously criticized for being overly broad and for potentially violating the right to freedom of speech and expression.
- It had the potential to disproportionately impact journalists and individuals who express dissenting views.
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Description
This quiz explores the key aspects of terrorism laws in India, including the Indian Penal Code provisions and the Unlawful Activities Prevention Act. It covers definitions, punishments, and the role of the National Investigation Agency in tackling terrorism. Test your knowledge on legal measures against terrorism and its implications on national security.
