Major amendments to the Criminal law in India

We all remember the Nirbhaya Rape case on 16^th December 2012 in New Delhi. The nationwide outrage over the tragedy propelled the government to amend the existing:

• ·         The Indian Penal Code, 1806
• ·         Code of Criminal Procedure, 1973
• ·         The Indian Evidence Act, 1872
• ·         Protection of Children from Sexual Offences Act, 2012

Thus came into force the Criminal Law (Amendment) Act 2013 from April 2013. As per extracts taken from the Indian Government Website (https://india.gov.in/criminal-law-amendment-act-2013) the Amendment was passed by the Lok Sabha on 19^th March 2013 and by the Rajya Sabha on 21^st March 2013.

What changes does this amendment brings?

Primarily, sections regarding sexual offences have been amended and measures for faster trial and harsher penalties are reinforced. It further sought to protect the privacy of individuals and criminalize sexual voyeurism and stalking.

Acid Attack

Acid attack was previously not covered under the ambit of the act.  This amendment sought to bring acid attack culprit to book. In case somebody throws acid, causing full or partial damage the person is liable to a minimum of 10 years imprisonment which can be extended to life. Further if an attempt is made to throw acid then the jail term would be minimum 5 years extended up to 7 years.

Sexual harassment

The sexual harassment definition has been widened and the jail term will be at least 3 years or a fine or both.

Voyeurism

This offence committed for the first time is punishable up to 3 years of imprisonment with a fine. But if this offence is committed a second time or more the imprisonment may go up to 7 years.

Stalking

The ambit of this offence has been widened and electronic media is also taken into consideration while defining it. The current law states - any unwanted or obsessive harassment in form of physical act or through electronic means is characterized as stalking. It is punishable by imprisonment of not less than one year and a fine. However if the victim proves that stalking was done to prevent or detect crime, the punishment can be waivered.

Rape

Several changes in the explanation has either been removed or added. For example: the word sexual assault has replaced the word Rape and word Prostitution has been completely erased.

There are many other minute changes in the Criminal Law (Amendment) Act 2013 which can bring about a huge impact on a victim. Expertily.com has battery of lawyers to provide legal advice on any matter pertaining to the Indian Penal Code. 

Five Things a Competent Criminal Defense Lawyer Should Know

There is no escaping the law, but we can avoid severe consequences by getting professional help. Criminal Defense Lawyers are the perfect example of this help, because not only do they fight for us, but they do so with conviction, helping us get away with murder (sometimes literally). These lawyers have been trained in the various laws and bylaws, to protect the defendant from the crime committed. But finding a good defense lawyer can be a really daunting task. Whether the court appoints you a lawyer or you are wealthy enough to hire your own, getting your hands on one that truly knows the in-depth details of the law and is capable of working around it, can be tricky. So, if you are looking for someone to take up you case, and try and win it, these are the five basic points you should expect from them.

The Power of Negotiating

One of the first things you should expect is negotiating power. If your lawyer is capable of getting you out of the sticky situation, you put yourself in, with a minimum penalty, you’ve struck gold. Negotiations are a rarity in the courtroom and usually take place between the prosecution and defendant’s lawyers.

Getting You the Minimum Sentence

If you have committed a crime and are sentenced to a year in prison, your lawyer should be able to reduce that to 6 months imprisonment along with another 6 months of community service. In India, this might be difficult to achieve, but if you can find the best criminal lawyer in Delhi, Kolkata, Mumbai, Bangalore or any of the other metropolitan cities in the country, you might have a good chance of getting the lowest sentence.

Know It All

The “Law” is bound by a huge number of rules and regulations that apply to everyone, so your lawyer should know it all, in order to help you get you a fair trial. He/She should be able to bring forward a number of points to the judge and jury that will only make your sentence a lot shorter than it is intended to be.

Keep You Updated At All Times

A lawyer will pretty much know when and how the case is turning and twisting. By studying the questions put up and the answers received, along with the jury’s reaction to those answers, a lawyer can work out the situation in the courtroom. This information should be shared with the defendant at all times, so that they can also prepare themselves accordingly.

Gather Evidence

In any crime, there is bound to be witnesses or people that had been involved in it at some point. It is the lawyer’s job to go out and find evidence from these people, which can work in the defendants favor. Lawyers can even offer free legal advice online to their clients before setting up a formal meeting.