Delinquent children are extraordinary children who display significant deviation in their social adjustment and are therefore labeled as socially deviant or socially impaired. They have been discovered to have criminal tendencies and to engage in antisocial behavior. In this regard, they are similar to criminals and antisocial elements. However, in legal parlance, they are referred to as delinquents rather than criminals. The enormous increase in juvenile violence, notably killings, which began in the mid-1980s and peaked in the early 1990s, sparked widespread fear and concern among the public, prompting federal, state, and municipal governments to implement policy adjustments. For example, in response to the rise in juvenile violence and predictions of a new wave of increasingly violent youth, most states tightened their juvenile justice laws, including measures that allow, or in many cases require, children to be transferred to the adult system at younger ages and for a wider range of offences. A considerable body of research has begun to identify characteristics that may raise the risk of adolescent crime. The research has also resulted in the development and evaluation of prevention interventions.
{"title":"JUVENILE DELINQUENCY AND CRIME PREVENTION","authors":"Simran Karamchandani","doi":"10.59126/v1i3a10","DOIUrl":"https://doi.org/10.59126/v1i3a10","url":null,"abstract":"Delinquent children are extraordinary children who display significant deviation in their social adjustment and are therefore labeled as socially deviant or socially impaired. They have been discovered to have criminal tendencies and to engage in antisocial behavior. In this regard, they are similar to criminals and antisocial elements. However, in legal parlance, they are referred to as delinquents rather than criminals. The enormous increase in juvenile violence, notably killings, which began in the mid-1980s and peaked in the early 1990s, sparked widespread fear and concern among the public, prompting federal, state, and municipal governments to implement policy adjustments. For example, in response to the rise in juvenile violence and predictions of a new wave of increasingly violent youth, most states tightened their juvenile justice laws, including measures that allow, or in many cases require, children to be transferred to the adult system at younger ages and for a wider range of offences. A considerable body of research has begun to identify characteristics that may raise the risk of adolescent crime. The research has also resulted in the development and evaluation of prevention interventions.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129892861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Juvenile delinquency is the term used to depict the criminal demonstrations of the criminal guilty parties who are not major for example under 18 and to examine the current situation of the adolescent wrongdoing the exploration is finished. This exploration plans to investigate the instructive foundation of the reprobates alongside the family foundation and their financial status which influences the adolescents or which brings about the wrongdoing among adolescents. Juvenile delinquency ranks among the top concerns when it comes to youth. The main purpose of prevention programs is to suppress juvenile and youth offences, to help street kids take part in idealistic self-examination and structure uplifting outlooks. In this paper, we review the causes and effects of juvenile delinquency as well as all possible explanations that have contributed to delinquent behavior. The second major section focuses on what can be the possible preventive measure to deal with the rising crime rate. Section 3 covers the responsibilities and possible responses to juvenile offenders in the future. In the last section, we examine the current laws and analysis of prevention approaches already present, based on the latest reviews of the case study and its implications.
{"title":"PREVENTION MECHANISM OF YOUTH CRIME","authors":"Riddhi Rahi","doi":"10.59126/v1i3a12","DOIUrl":"https://doi.org/10.59126/v1i3a12","url":null,"abstract":"Juvenile delinquency is the term used to depict the criminal demonstrations of the criminal guilty parties who are not major for example under 18 and to examine the current situation of the adolescent wrongdoing the exploration is finished. This exploration plans to investigate the instructive foundation of the reprobates alongside the family foundation and their financial status which influences the adolescents or which brings about the wrongdoing among adolescents. Juvenile delinquency ranks among the top concerns when it comes to youth. The main purpose of prevention programs is to suppress juvenile and youth offences, to help street kids take part in idealistic self-examination and structure uplifting outlooks. In this paper, we review the causes and effects of juvenile delinquency as well as all possible explanations that have contributed to delinquent behavior. The second major section focuses on what can be the possible preventive measure to deal with the rising crime rate. Section 3 covers the responsibilities and possible responses to juvenile offenders in the future. In the last section, we examine the current laws and analysis of prevention approaches already present, based on the latest reviews of the case study and its implications.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127963502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The role of aviation sector and its significance is highlighted in this research paper. The impact of competition on the aviation sector is examined. In India, no such specific legal framework is there that is concerned with the competition in aviation sector. However, certain rules and regulations as provided in the Aircraft Rules of 1937 and the Competition Act, 2002 that are dealing with the competition in the aviation sector are described. Certain factors that are resulting in the competition in aviation sector like globalization, increase in domestic property, deregulations and “open skies” policy, mergers and acquisitions and liberalization policy are discussed. The Convention on International Civil Aviation and its impact on aviation sector, formulation of regulations in the aviation field, International Civil Aviation Organization, relation between different nations is analysed. Some International Organizations that are associated with aviation sector are described. The objectives of these organizations are also highlighted. Analysis of Indian Civil Aviation and the case study of Air India is performed and the reasons behind the occurrence of losses in Air India are also explained.
{"title":"INTERNATIONAL COMPETITION IN AVIATION: AN ANALYSIS","authors":"","doi":"10.59126/v1i3a8","DOIUrl":"https://doi.org/10.59126/v1i3a8","url":null,"abstract":"The role of aviation sector and its significance is highlighted in this research paper. The impact of competition on the aviation sector is examined. In India, no such specific legal framework is there that is concerned with the competition in aviation sector. However, certain rules and regulations as provided in the Aircraft Rules of 1937 and the Competition Act, 2002 that are dealing with the competition in the aviation sector are described. Certain factors that are resulting in the competition in aviation sector like globalization, increase in domestic property, deregulations and “open skies” policy, mergers and acquisitions and liberalization policy are discussed. The Convention on International Civil Aviation and its impact on aviation sector, formulation of regulations in the aviation field, International Civil Aviation Organization, relation between different nations is analysed. Some International Organizations that are associated with aviation sector are described. The objectives of these organizations are also highlighted. Analysis of Indian Civil Aviation and the case study of Air India is performed and the reasons behind the occurrence of losses in Air India are also explained.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121500377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Actus Non Facit Reum, Nisi Mens Sit Rea` is a Latin maxim that means that an act does not make the person guilty unless the mind is also guilty.1 This particular maxim identifies the two important elements necessary to convict of the crime committed. The two important elements are Mens Rea and Actus Reus, with the mental and physical elements involved, respectively. For a person to be legally responsible for an act, criminal intent is required, and therefore the ability of the perpetrator to establish criminal intent is a relevant consideration in determining the person's criminal responsibility. However, due to immaturity of age or lack of mental faculties, an individual may not have sufficient mental faculties to form a criminal intent. When such a defect is caused by mental illness, a person is said to be insane. A person who has a natural handicap to differentiate between right and wrong or good and bad, such as young children under a certain age, idiots, crazy, therefore is not punishable. Stephen states in his Compilation of Criminal Law that “no act is a crime if the person who does it, is at the same time when it is done prevented either by defective mental power or by any disease affecting his mind from knowing the nature and quality of the act or from knowing that the act is wrong”.2 Over the years, the defence of the insane has developed through various precedents and laws. The McNaughton case, dating back to the 19th century, marks a milestone in the defence of insanity. The principle or rule in McNaughton's case is a legendary principle related to the defence of insanity.
{"title":"CASE ANALYSIS: R v McNaughton (1843) 8 E. R. 718","authors":"Sristi Bubna","doi":"10.59126/v1i3a21","DOIUrl":"https://doi.org/10.59126/v1i3a21","url":null,"abstract":"Actus Non Facit Reum, Nisi Mens Sit Rea` is a Latin maxim that means that an act does not make the person guilty unless the mind is also guilty.1 This particular maxim identifies the two important elements necessary to convict of the crime committed. The two important elements are Mens Rea and Actus Reus, with the mental and physical elements involved, respectively. For a person to be legally responsible for an act, criminal intent is required, and therefore the ability of the perpetrator to establish criminal intent is a relevant consideration in determining the person's criminal responsibility. However, due to immaturity of age or lack of mental faculties, an individual may not have sufficient mental faculties to form a criminal intent. When such a defect is caused by mental illness, a person is said to be insane. A person who has a natural handicap to differentiate between right and wrong or good and bad, such as young children under a certain age, idiots, crazy, therefore is not punishable. Stephen states in his Compilation of Criminal Law that “no act is a crime if the person who does it, is at the same time when it is done prevented either by defective mental power or by any disease affecting his mind from knowing the nature and quality of the act or from knowing that the act is wrong”.2 Over the years, the defence of the insane has developed through various precedents and laws. The McNaughton case, dating back to the 19th century, marks a milestone in the defence of insanity. The principle or rule in McNaughton's case is a legendary principle related to the defence of insanity.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"138 43","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120818964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Crime has always been a puzzling problem, knocking the human community from immemorial time. Thereby it becomes a myth of forming crimeless society. There are various punishments in crime like compensation, life imprisonment, death sentence, reclusive custody and many more. Punishment depends on the gravity of offence. Reclusive custody is detention in which a prisoner is detached from all human contact and isolated in a single cell. This punishment requires high gravity of offence. Confinement can`t be implemented mannerly without prisons as it were established with the motive, to restrain criminal activities of an evil doer. In modern time, prisoner`s rights concept has been changed by the criminal justice system by utterly shifting from retaliatory to corrective approach. The long list of prisoner`s right has also owned by the judiciary, are bound on all authorities to follow. Still today, Indian jails are overcrowded. The NCRB record says that the occupancy ratio is 14% more than the actual capacity of jails. By this paper, the author attempted to investigate and acknowledge the wider concept of reclusive custody by knowing its origin, background, development and limitations. Paper traces, how this confinement has an impact on the mental and physical health of prisoner and also aimed to talk about prisoners right and contrasting effect of isolative restrain. There is a discussion on the destruction of reclusive custody as punishment. The author concludes the paper, considering all key words of the research.
{"title":"CRITICAL ANALYSIS OF RECLUSIVE CUSTODY","authors":"Akanksha Kumari","doi":"10.59126/v1i3a5","DOIUrl":"https://doi.org/10.59126/v1i3a5","url":null,"abstract":"Crime has always been a puzzling problem, knocking the human community from immemorial time. Thereby it becomes a myth of forming crimeless society. There are various punishments in crime like compensation, life imprisonment, death sentence, reclusive custody and many more. Punishment depends on the gravity of offence. Reclusive custody is detention in which a prisoner is detached from all human contact and isolated in a single cell. This punishment requires high gravity of offence. Confinement can`t be implemented mannerly without prisons as it were established with the motive, to restrain criminal activities of an evil doer. In modern time, prisoner`s rights concept has been changed by the criminal justice system by utterly shifting from retaliatory to corrective approach. The long list of prisoner`s right has also owned by the judiciary, are bound on all authorities to follow. Still today, Indian jails are overcrowded. The NCRB record says that the occupancy ratio is 14% more than the actual capacity of jails. By this paper, the author attempted to investigate and acknowledge the wider concept of reclusive custody by knowing its origin, background, development and limitations. Paper traces, how this confinement has an impact on the mental and physical health of prisoner and also aimed to talk about prisoners right and contrasting effect of isolative restrain. There is a discussion on the destruction of reclusive custody as punishment. The author concludes the paper, considering all key words of the research.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123149187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Children are the hope for the future of our nation. Individuals are responsible for making their homes and communities safe and welcoming. It has been proven with data that the rate of adolescent delinquency has increased dramatically in emerging nations such as India during the previous decade. The fundamental question that arises as a result of this is how did the concept of juvenile delinquency come about? Despite the fact that delinquency may be found in many countries, it is more prevalent in highly industrialized countries with significant urban populations. The phrase was coined in order to protect juvenile lawbreakers from the embarrassment of being labelled as criminals in court records. The primary goal of juvenile legislation is to deal with delinquents. However, since the number of crimes committed by juveniles continues to rise in the current environment, the phrase "juvenile crime" has become a source of embarrassment. Delinquents are more likely to come from households that are tense and have a lot of difficulties in their relationships. As the rate of juvenile criminality continues to rise, it is imperative that the appropriate actions be taken and that an amendment should be included into the current legislation so that it may be implemented and enforced in a rigorous manner.
{"title":"A STUDY ON JUVENILE DELIQUENCY","authors":"Vidhika Panjwani","doi":"10.59126/v1i3a2","DOIUrl":"https://doi.org/10.59126/v1i3a2","url":null,"abstract":"Children are the hope for the future of our nation. Individuals are responsible for making their homes and communities safe and welcoming. It has been proven with data that the rate of adolescent delinquency has increased dramatically in emerging nations such as India during the previous decade. The fundamental question that arises as a result of this is how did the concept of juvenile delinquency come about? Despite the fact that delinquency may be found in many countries, it is more prevalent in highly industrialized countries with significant urban populations. The phrase was coined in order to protect juvenile lawbreakers from the embarrassment of being labelled as criminals in court records. The primary goal of juvenile legislation is to deal with delinquents. However, since the number of crimes committed by juveniles continues to rise in the current environment, the phrase \"juvenile crime\" has become a source of embarrassment. Delinquents are more likely to come from households that are tense and have a lot of difficulties in their relationships. As the rate of juvenile criminality continues to rise, it is imperative that the appropriate actions be taken and that an amendment should be included into the current legislation so that it may be implemented and enforced in a rigorous manner.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"212 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134528460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Intellectual Property Rights disputes are increasing at a gradual rate. Similarly, the means to use arbitration as a commercial dispute resolution mechanism is also increasing. Many liberalized and globalized countries in the world have adopted a pro-arbitration approach when it comes to arbitrability of IPR disputes. However, the judgments given by the Indian courts and their stance towards arbitration of IPR disputes have remained scattered. This paper navigates through the various judicial pronouncements set forth by the courts in India and identifies the dynamic nature of the same. It also recognizes lacuna present in the legislations and precedents regarding the scope of IPR arbitrability. Given the Indian judiciary's recent pro-arbitration stance, there is a strong probability that additional lawsuits originating from IPR agreements would be resolved through arbitration.
{"title":"ARBITRABILITY OF IPR DISPUTES","authors":"","doi":"10.59126/v1i3a1","DOIUrl":"https://doi.org/10.59126/v1i3a1","url":null,"abstract":"Intellectual Property Rights disputes are increasing at a gradual rate. Similarly, the means to use arbitration as a commercial dispute resolution mechanism is also increasing. Many liberalized and globalized countries in the world have adopted a pro-arbitration approach when it comes to arbitrability of IPR disputes. However, the judgments given by the Indian courts and their stance towards arbitration of IPR disputes have remained scattered. This paper navigates through the various judicial pronouncements set forth by the courts in India and identifies the dynamic nature of the same. It also recognizes lacuna present in the legislations and precedents regarding the scope of IPR arbitrability. Given the Indian judiciary's recent pro-arbitration stance, there is a strong probability that additional lawsuits originating from IPR agreements would be resolved through arbitration.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131798083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The parties going for arbitration must confine their mind to the assorted aspects of the Mediation process while choosing a seat under the Arbitration and Conciliation Act, 1996. The selection of seats or venues in conflict during arbitration will be seen through the instance of various countries including India. The paper explores the selection of seats and venues in domestic arbitration. It mainly widens the view of whether the change of venue of arbitration needs a mutual agreement or not. It focuses on the issues that arose before the Supreme Court while resolving the dispute of selecting seats during adjudication. The broader aspect on which this paper relies is the conundrum of the seat and venue of adjudication. Further, it’ll examine the curious case of seat/venue/place in arbitration and therefore the need for legal practitioners to use clear phraseology. It’ll explore the numerous features of selecting a seat for arbitration as an analysis. In addition, the paper is going to cope up with the deepening crisis within the seat venue debate in ‘Indian Arbitration’. Further, the impact of seats in arbitration, then Indian parties choosing the foreign seat of arbitration, and seat v. venue in contemporary arbitral jurisprudence are some important facts that we’d like to grasp. It highlights the recent position of law decided by the Apex Court with relation to the determination of seat of arbitration and at last provides the distinction between seat and venue of Arbitration. Before summarising the entire paper we are going to have a glance at a number of remarkable controversies associated with the seat of adjudication. Lastly, some suggestions are going to be given and through these suggestions, we’ve tried to resolve the dispute that arises during the selection of seat or venue.
{"title":"MATTERS CONCERNING SEAT AND VENUE OF ARBITRATION: CRITICAL AND COMPARATIVE ANALYSIS","authors":"Prity Kumari","doi":"10.59126/v1i3a11","DOIUrl":"https://doi.org/10.59126/v1i3a11","url":null,"abstract":"The parties going for arbitration must confine their mind to the assorted aspects of the Mediation process while choosing a seat under the Arbitration and Conciliation Act, 1996. The selection of seats or venues in conflict during arbitration will be seen through the instance of various countries including India. The paper explores the selection of seats and venues in domestic arbitration. It mainly widens the view of whether the change of venue of arbitration needs a mutual agreement or not. It focuses on the issues that arose before the Supreme Court while resolving the dispute of selecting seats during adjudication. The broader aspect on which this paper relies is the conundrum of the seat and venue of adjudication. Further, it’ll examine the curious case of seat/venue/place in arbitration and therefore the need for legal practitioners to use clear phraseology. It’ll explore the numerous features of selecting a seat for arbitration as an analysis. In addition, the paper is going to cope up with the deepening crisis within the seat venue debate in ‘Indian Arbitration’. Further, the impact of seats in arbitration, then Indian parties choosing the foreign seat of arbitration, and seat v. venue in contemporary arbitral jurisprudence are some important facts that we’d like to grasp. It highlights the recent position of law decided by the Apex Court with relation to the determination of seat of arbitration and at last provides the distinction between seat and venue of Arbitration. Before summarising the entire paper we are going to have a glance at a number of remarkable controversies associated with the seat of adjudication. Lastly, some suggestions are going to be given and through these suggestions, we’ve tried to resolve the dispute that arises during the selection of seat or venue.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115411942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In India, Witness protection legislation was unquestionably necessary since it protects the lives, property, and family members of witnesses. Each of their statements is important because it has the power to alter the whole track of the case. Without their assistance, the Court would be unable to reach to a fair conclusion. Prosecution witnesses are pressed and encouraged to weaken or even destroy the prosecution process by whatever means necessary. Although, it is a harsh reality that the situation of witnesses in the current judicial system is deteriorating nowadays which is why The Scheme for Witness Protection was approved by the Supreme Court on December 5, 2018. Also, The Law Commission of India, in different reports, has underlined the difficulties that witnesses experience during the trail process and has urged that a complete strategy on protection of witnesses be incorporated. However, the scheme fail short of standards several issues, such as online intimidation, financial issues, etc. The objective of this study is to explore the concept of Witness Protection Scheme, 2018, and to highlight the challenges that witnesses face in the judicial system, as well as to study at witness protection in India.
{"title":"WITNESS PROTECTION SCHEME, 2018- A STEP TOWARDS WITNESS PROTECTION","authors":"Gargi Ojha","doi":"10.59126/v1i3a17","DOIUrl":"https://doi.org/10.59126/v1i3a17","url":null,"abstract":"In India, Witness protection legislation was unquestionably necessary since it protects the lives, property, and family members of witnesses. Each of their statements is important because it has the power to alter the whole track of the case. Without their assistance, the Court would be unable to reach to a fair conclusion. Prosecution witnesses are pressed and encouraged to weaken or even destroy the prosecution process by whatever means necessary. Although, it is a harsh reality that the situation of witnesses in the current judicial system is deteriorating nowadays which is why The Scheme for Witness Protection was approved by the Supreme Court on December 5, 2018. Also, The Law Commission of India, in different reports, has underlined the difficulties that witnesses experience during the trail process and has urged that a complete strategy on protection of witnesses be incorporated. However, the scheme fail short of standards several issues, such as online intimidation, financial issues, etc. The objective of this study is to explore the concept of Witness Protection Scheme, 2018, and to highlight the challenges that witnesses face in the judicial system, as well as to study at witness protection in India.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114550605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This research paper aims at highlighting the application of scientific mechanisms or measures in conducting crime investigation. The elements of the scientific investigation like forensic medicine, scientific laboratories, digital forensics, criminal investigation and other scientific techniques are discussed. The legal provisions in India dealing with forensic science although not explicitly, like certain sections of the Indian Evidence Act, 1872 and the Criminal Procedure Code, 1973 are described. Consonance with constitution of some methods of scientific investigation of crimes like handwriting and signature identification, fingerprint, impressions of thumb, palm and foot ascertainment tests, narco analysis tests are examined. The constitutional validity is analyzed in regards to article 20(3) of the constitution. The issues and problems existing in the sector of forensic science in reference to research, training, education, laboratories, etc. are discussed. Various measures that could be employed for strengthening this field and upgrading its contribution in the crime investigation are also analyzed.
{"title":"SCIENTIFIC MECHANISMS IN CRIME INVESTIGATION:A STUDY","authors":"Anisha Tak","doi":"10.59126/v1i3a14","DOIUrl":"https://doi.org/10.59126/v1i3a14","url":null,"abstract":"This research paper aims at highlighting the application of scientific mechanisms or measures in conducting crime investigation. The elements of the scientific investigation like forensic medicine, scientific laboratories, digital forensics, criminal investigation and other scientific techniques are discussed. The legal provisions in India dealing with forensic science although not explicitly, like certain sections of the Indian Evidence Act, 1872 and the Criminal Procedure Code, 1973 are described. Consonance with constitution of some methods of scientific investigation of crimes like handwriting and signature identification, fingerprint, impressions of thumb, palm and foot ascertainment tests, narco analysis tests are examined. The constitutional validity is analyzed in regards to article 20(3) of the constitution. The issues and problems existing in the sector of forensic science in reference to research, training, education, laboratories, etc. are discussed. Various measures that could be employed for strengthening this field and upgrading its contribution in the crime investigation are also analyzed.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128941194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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