GROUP V: CRIMINAL LAW AND CRIMINAL ADMINISTRATION

PAPER II: PENAL LAWS

Total Marks: 100

N.B. (1) Attempt any four questions / कोणत्याही चार प्रश्नांची उत्तरे द्या

(2) All questions carry equal marks / सर्व प्रश्नांना समान गुण आहे त

1. Write notes on: / यावर टिपा लिहा:

a. Digital Signature under I.T. Act, 2000. / I.T कायदा, 2000 अंतर्गत

डिजिटल स्वाक्षरी 

b. Offences against public health / सार्वजनिक आरोग्याविरुद्ध गुन्हे

Ans:

a. Digital Signature under IT Act 2000:

Introduction to Digital Signature:

 The introduction of signatures has provided a definite identity to the

individuals and allowed the corporate sector and other individuals to
function in a manner faster, keeping pace with the ongoing technology. 
  The signatures have by far played a huge role in individual’s decision
making and enabling consent at a much larger value. In olden times, every
individual or the authorised signatory had to go through the document
entirely and then provide his assent. 
 This created enough hurdles amongst the organisations to keep up with the
pace of the signatory and revolve around his/her timeline. 
 Authorised Signatory may not be at a particular place and still allow his
assent. Technology has duly provided his boon.
Concept of Digital Signature:
 A signature is a symbolic and essential representation of one’s identity.
Signature of a person holds a very significant place in the field of law as
well as while carrying out transactions.
  When a person signs a particular document, it means that such a person has
read the whole document carefully, has verified the facts and is aware of the
contents of the document and therefore is giving his assent to the best of his
knowledge.

Digital Signature and Electronic Signature as defined under the Law:

1. Electronic Signature

Sec 2 (ta) of Information Technology Act 2000 had defines electronic

signature as:
“Authentication of any electronic record by a subscriber by means of the electronic
technique specified in the second schedule and includes digital signature.”
The definition of electronic signature includes digital signature and other electronic
techniques which may be specified in the second schedule of the Act, thus an
electronic signature means authentication of an electronic record by a subscriber by
means of electronic techniques. The adoption of ‘electronic signature’ has made
the Act technological neutral as it recognizes both the digital signature method
based on cryptography technique and electronic signature using other technologies.

2. Digital Signature: 

Rule 4 of the Information Technology (Certifying Authorities) Rules, 2000,

explains the procedure of digital signature as:
  To sign an electronic record or any other item of information, the signer
first applies the hash function in the signer’s software. A hash function is
a function which is used to map data of arbitrary size onto data of a fixed
size. The values returned by a hash function are called hash values, hash
codes, digests, or simply hashes
 The hash function computes a hash result of standard length, which is
unique to the electronic record.
 The signer’s software transforms the hash result into a Digital Signature
using the signer’s private key.
 The resulting Digital Signature is unique to both electronic record and
private key which is used to create it.
 The Digital Signature is attached to its electronic record and stored or
transmitted with its electronic record.

Digital Signature Certificate (DSC)

Introduction

1. A method to prove the authenticity of an electronic document.

2. It can be presented electronically to prove the identity, to access
information or sign certain documents digitally.
3. The Central Government has appointed a Controller of Certifying
Authorities who grants a license to the Certifying Authorities to issue
digital signature certificates to the subscriber. 
Who needs a DSC?

1. A vendor and a bidder

2. A Chartered Accountant
3. Banks
4. Director of a company
5. A Company Secretary
6. Other Authorized Signatories 

Elements of Digital Certificate

1. Owner’s public key.

2. Owners name.
3. The expiration date of Public Key.
4. Name of the issuer.
5. Serial Number of the certificate.
6. A digital signature of the user. 
Types of Certificate

1. Only Sign– It could only be used for signing a document. It is widely

used in signing  PDF Files for the purpose of filing Tax Returns for usage
as an attachment for Ministry Of Corporate Affairs or other government
websites
2. Encrypt–  It is used to encrypt a particular document. It is popularly used
in tender portals to help a company encrypt a document before uploading
it.
3. Sign along with Encryption– It is used for both signing and encrypting a
particular document.

Validity
The DSC is valid up to a maximum period of three years.
DSC under the Information Technology Act, 2000

 Section 35: Any person who wishes to get a Digital Signature Certificate

may file an application to the certifying authority for issuance of the
Electronic Certificate along with the submission of the required amount
of fees not exceeding Rs. 25,000, including a statement of certification
practice or stating such particulars as prescribed.
 Section 36: Representations upon issuance of the DSC.
 Section 37: Suspension in public interest, not more than 15 days, unless
given the opportunity to present the case.
 Section 38: Revocation on death or request of a subscriber, dissolution of
a company or a firm.
Legal Approach and Digital Signature

 The provisions of Information Technology Act, 2000 are based on

the UNCITRAL’s Model Law on E-Commerce.
 The Model Law is based on the minimalist neutral approach ie. with the
changes in technology the law will remain neutral, as technology is
dynamic in nature and comes in the public domain with a lot of
advancement with the passage of time, and it will not be feasible for the
legislators to keep on changing the laws dealing with the technology.
 According to Article 7 of the UNCITRAL model, there ought to be a
signature of a person while contracting using the electronic means, for
which any technology can be used. It has to be ensured that the sender
can be identified and he has given his consent to the message.
  The same ‘technology neutrality’ approach has also been ratified by the
Amendment Act, 2008 of the Information technology Act, 2000, with the
insertion of Section 3A.
Conclusion
With the advancement in technology, the usage of the digital signature in place of
the conventional signature has widely increased. The Information Technology Act,
2000 talks widely about the concept of Digital Signature, the authorities who have
been given the power of issuing the digital signature certificate and the
circumstances which require affixation of the digital signature.

b. Offences Against Public Health:

1. Offences related to Public Health, Safety, Convenience, Decency, and
Morals.
Introduction: 
Chapter XIV of the Indian Penal Code deals with the offences relating to public
health, safety, convenience, decency, and morals.

I.Public Health:
Private nuisance:
 It is an act that causes annoyance or disturbance to an individual or individuals
whereas, a public nuisance is a public wrong that interferes with the right of all
general public. This article particularly deals with public nuisance.
Public nuisance:
Section 268 of IPC deals with public nuisance. It is defined as an act which either
tends to disturb the public in general or to disregard anything that is required for
the common good. The public nuisance is based on the maxim “sic utere tuo ut rem
publikum non laedas” which means to enjoy your property in such a way as to not
injure the rights of the public.
An exception under Section 81 of IPC absolves a person from criminal liability if
the act is committed in good faith or it was to intercept any other harm. But, if the
accused is charged under Section 268 of IPC, then he cannot avail the exception
under Section 81 of IPC.
Disobedience to quarantine rule Section 271 of IPC:
It covers disobedience to quarantine rule. 
What is the Quarantine Rule?
 The term quarantine refers to strict isolation of someone to prevent the spread of
the disease. Quarantine is used by the government to end the spreading of
contagious diseases. Quarantines are for those people or groups who do not have
symptoms of a disease, but they were exposed to the sickness. With the help of
quarantine rule, these persons are kept away from others so that they don’t
unknowingly infect anyone. Quarantines may be used during: Outbreaks: It is a
situation when there is a sudden rise in the number of cases of the disease.
Epidemics: It is similar to outbreaks, but it is generally considered to be larger and
more widespread. Pandemics: These are vaster than epidemics, generally global in
nature and affect a greater number of people. 
Adulteration of food or drink intended for sale and Sale of noxious food or
drink Section 272 of IPC :
covers adulteration of food or drink that is intended for the purpose of sale.
 Section 273 of IPC :
It covers the sale of noxious food or drink. 
There are certain things that are needed to be proved by the prosecution as
follows: 
 Adulteration was done by the accused. 
 Article in question was food or drink which was meant to be consumed by
any living person.
 Due to such adulteration, the article subsequently became noxious. 
 Adulterated the article with an intention to sell such an article as food or
drink, knowing that such an article will be sold by someone else as a drink
or food. 
  An act of adulteration merely does not amount to an offence under Section
273 unless the adulteration is to an extent to render the article noxious.
 The sale of such noxious articles as food or drink is mainly prohibited under this
Section and not a mere sale of the noxious article. The term “noxious as food”
refers to food that is injurious to health or of detrimental nature. 
Case Name Case description (Based on Section 272 and 273)
Ram Dayal  There was an act of mixing pig’s fat with ghee and was
and Ors. v subsequently sold. It was held that by way of such
Emperor, 1923 selling it will not make the article “noxious as food”,
even though it is noxious to religious sentiments of a
class of people.
 The court was of the view that mixing of water with
milk is not an offence under this section, as the mixture
is neither noxious nor injurious as food or drink.
 In a similar way selling wheat along with a large
admixture of extraneous matter, like dirt, charcoal,
wood was held to not constitute any offence.
 But if the same is found to be mixed with the hair of
rodents or their excreta, and plenty of foreign starch, it
will obviously be ‘noxious as food’.
 Article of food or drink that is intended to be sold, due
to the lapse of time or not taking proper care and
precaution or not adding preservatives may become
noxious

Adulteration of drugs Section 274 of IPC:

 It deals with the adulteration of drugs. This section comes into force when
due to adulteration, the efficiency of drugs reduces or the effects of drugs are
either altered or turned noxious. 
 Under this section, it is necessary that there must be an adulteration of any
drug or any medical preparation. 
 This should be done in such a way in order to lessen its efficacy or to change
its operation, or to make it noxious. 
 The accused should have the intention that this shall be sold or used for any
medicinal purpose, or have knowledge that it is likely to be sold or used as
such, and show as if no such adulteration took place.
 Sale of adulterated drugs Section 275 of IPC:
 It prohibits the sale of adulterated drugs as well as its issuance from
any dispensary.
 The expression ‘exposes it for sale’ need not necessarily mean that the
drug must be exposed to view; it is sufficient under this section if it is
contained in a packet or in any other wrappings.
 A compressive law, The Drugs and Cosmetics Act, 1940 now
regulates the manufacture, distribution, sale, import etc. of drugs.

Sale of drugs as a different drug or preparation Section 276 of IPC:

 It requires that the prosecution must prove that the drug or the medical
preparation was sold knowingly, or it was offered or exposed for the
purpose of sale, or it was issued from a dispensary for some medical
purpose as a different drug or medical preparation. 
 This section does not refer to adulteration.
 Under this section the liability has not been fixed for the injury that is
caused but for selling, offering or exposing for sale, or for issuing any
drug or medical preparation.

Fouling water of public spring or reservoir Section 277 of IPC:

 It deals with the person who voluntarily contaminates any public spring or
reservoir that belongs to every member of the community. 
 This act must be done in order to render it less fit to be utilized for the
purpose for which it is generally used. The act must be done voluntarily.
 The term ‘corrupts or fouls’ is used in this section connotes the act of
physically deteriorating or defiling the condition of water from any public
spring. 
 Thus, someone taking a bath in a private tank will constitute an offence
under this section.
Making atmosphere noxious to health Section 278 of IPC:
  It deals with the punishment for making the atmosphere noxious to health
and due to such noxious atmosphere health of the general public is affected.
 Section 278 applies to such trades which produce noxious and offensive
smells. 
 Trades such as making candles by boiling stinking stuff, a factory for
making Sulphur spirit, vitriol etc., or a tannery where skins are steeped into
water thus, making the atmosphere vitiated.
 Even from burning bricks lime in a kiln produces smoke which is noxious.
The setting up of a noxious trade in the vicinity of a populated locality is
always considered as a nuisance.
II.Public SAFETY:

1. Rash Driving:
 Section 279 of IPC deals with rash or negligent driving that endangers
the life or is likely to cause hurt or injury to any person.
 The accused was riding rashly, negligently without exercising due
care for the safety of others which a prudent man might reasonably be
expected to exercise, he would be guilty under this section.
Case Name Case Description
1. State By J.C.  The accused was military personnel,
Nagar P.S. v he drove a military truck in a zigzag
Santanam, 1997 manner and hit a moped rider killing
him and then hit against the
autorickshaw causing damage to it. 
 The autorickshaw driver chased the
truck in another autorickshaw and
saw him hitting a compound wall
and a grille.
 The High Court of Karnataka held
that the truck driver was guilty under
section 279 of the Code
2. Braham Dass v.  The bus driver stopped the bus at a
State of bus-stop, a passenger, after getting
Himachal down from the bus, went up to the
Pradesh, 1988 roof of the bus to unload his
luggage. 
  The driver was not aware of this and
he started the bus. 
 There was no examination on the
part of the conductor. 
 There was no evidence that led to
show any negligence on the part of
the bus driver. 
 The Supreme Court held that Section
279 was not applicable.

2. Rash Navigation:
 Section 280 and 282 deals with rash navigation, these sections deal
with cases of rash navigation of a vessel on the sea and all waterways,
public or private lakes but not to navigation on the high seas.
 Section 282 deals with conveying passengers by water for hire in an
unsafe or overloaded vessel. The section is not only confined to
overloading but also the conveyance of a passenger in an unsafe
vessel.
3. Endangering Public ways:
 Section 281: 
It deals with exhibition of false signals to a vessel with a desire to
mislead a navigator. Due to the gravity of this offence
 Punishment: extend to seven years imprisonment or fine or both.
Section 283: 
It deals with the causing of danger or obstruction in a public way or
public line of navigation an offence. This section seeks to punish
persons who do acts causing danger, obstruction or injury to any
person in a public way.
4. Negligent handling of poisons, combustibles and explosives
 Sections 284 to 289 Deals with it 
 It requires absolute care on the part of those handling substances, such
as poisons, which may prove dangerous to life, if not handled
carefully.
 These sections deal with negligent conduct concerning fire,
machinery, explosive substances, repairing buildings, pulling down
buildings, animals and so on.
III. Public Morals and Decency

2. What are the objectives of Information Technology Act, 2000? Explain the

offences committed under I.T. Act, 2000. / माहिती तंत्रज्ञान कायदा, 2000 ची

उद्दिष्टे काय आहे त? I.T कायदा, 2000 अंतर्गत केलेले गुन्हे स्पष्ट करा.

Ans:

Introduction of Information Technology Act,2000:

 The Information Technology Act, 2000 was notified on Oct 17, 2000. It was
the law that deals with law-breaking and electronic commerce in India.
 The international organization Commission on International Trade Law
(UNCITRAL) adopted the model law on electronic commerce (e-commerce)
to bring uniformity within the law in several countries.
 Further, the overall Assembly of the international organization counselled
that each one country should think about this model law before creating
changes to its laws.
  India became the 12th country to alter cyber law once it passed the
knowledge Technology Act, 2000. 
 While the primary draft was created by the Ministry of Commerce,
Government of India because of the E-Commerce Act, 1998, it was redrafted
because of the ‘Information Technology Bill, 1999’, and passed in could
2000.
Objectives Of IT ACT,2000:
 1. he Information Technology Act, 2000 provides legal recognition to the
group action done via electronic exchange of information and alternative
electronic suggests that of communication or electronic commerce
transactions. This also involves the utilization of alternatives to a paper-
based technique of communication and knowledge storage to facilitate the
electronic filing of documents with government agencies. Further, this act
amended the Indian legal code 1860, the Indian proof Act 1872, the
Bankers’ Books proof Act 1891, and also the bank of India Act 1934. The
objectives of the Act are as follows:
2. Grant legal recognition to any or all transactions are done via electronic
exchange of information or alternative electronic suggests that of
communication or e-commerce, intact of the sooner paper-based technique
of communication.
3. Offer legal recognition to digital signatures for the authentication of any data
or matters requiring legal authentication
4. Facilitate the electronic filing of documents with Government agencies and
conjointly departments.
5. Facilitate the electronic storage of information.
6. Offer legal sanction and conjointly facilitate the electronic transfer of funds
between banks and money establishments.
7. Grant legal recognition to bankers underneath the proof Act, 1891, and also
the bank of India Act, 1934, for keeping the books of accounts in electronic
kind.

Features of the Information Technology Act, 2000:

Here we will check out the features of the Information Technology Act. They are
as follows:
 All electronic contracts created through secure electronic channels were
legally valid.
 Legal recognition for digital signatures.
 Security measures for electronic records and conjointly digital signatures
are in place. A procedure for the appointment of adjudicating officers for
holding inquiries underneath the Act is finalized.
 Provision for establishing a Cyber restrictive Appellant judicature
underneath the Act. Further, this judicature can handle all appeals created
against the order of the Controller or Adjudicating Officer.
 It charms against the order of the Cyber Appellant judicature is feasible
solely within the court.
  Digital Signatures uses an uneven cryptosystem and conjointly a hash
operate.
 Provision for the appointment of the Controller of Certifying Authorities
(CCA) to license and regulate the operating of Certifying Authorities.
The Controller acts as a repository of all digital signatures.
 The Act applies to offences or contraventions committed outside India.
 Senior law enforcement officials and alternative officers will enter any
public place and search and arrest while not warrant.
Offences under IT ACT:

1) Section 65-
Object of this section-

The object of the section is to protect the “intellectual property” invested in

the computer. It is an attempt to protect the computer source documents

(codes) beyond what is available under the Copyright Law.

Case Law based on section 65:

Sr Case Name Case Description

No.

1. Parliament Facts: 

Attack Case  In this case, several terrorists attacked

Parliament House on 13 December 2001.

  In this Case, the Digital evidence played an

 important role during their prosecution. 

 The accused argued that computers and

evidence can easily be tampered and hence,

should not be relied.

 In Parliament case, several smart device

storage disks and devices, a laptop was

recovered from the truck intercepted at

Srinagar pursuant to information given by two

suspects. 

 The laptop included the evidence of fake

identity cards, video files containing clips of

the political leaders with the background of

Parliament in the background shot from T.V

news channels.

  In this case design of Ministry of Home

Affairs car sticker, there was game “wolf

pack” with user name of ‘Ashiq’, there was the

name in one of the fake identity cards used by

the terrorist. No back up was taken.

 Court held that:

Held: Challenges to the accuracy of computer

evidence should be established by the

challenger. Mere theoretical and generic

doubts cannot be cast on the evidence.

2. Section 66-

Case based on hacking:

 Official website of Maharastra government hacked. The official website of

the government of Maharashtra was hacked by Hackers Cool Al- Jazeera,

and claimed them they were from Saudi Arabia.

3. Section 67-

Case Law based on section 67:

Sr Case Case Description

No. Name

1. The State . Facts:

of Tamil  This case is about posting obscene, defamatory and

Nadu v/s annoying message about a divorcee woman in the

Suhas Katti Yahoo message group. 

 E-mails were forwarded to the victim for information

by the accused through a false e- mail account opened

by him in the name of the victim.

  These postings resulted in annoying phone calls to the

lady.

  Based on the complaint police nabbed the accused.

 He was a known family friend of the victim and was

interested in marrying her.

  She married to another person, but that marriage

ended in divorce and the accused started contacting

her once again.

  And her reluctance to marry him he started harassing

her through internet.

Held: The accused is found guilty of offences under section

469, 509 IPC and 67 of IT Act 2000 and the accused is

convicted and is sentenced for the offence to undergo RI for

2 years under 469 IPC and to pay fine of Rs.500/-and for the

offence u/s 509 IPC sentenced to undergo 1 year Simple

imprisonment and to pay fine of Rs.500/- and for the offence

 u/s 67 of IT Act 2000 to undergo RI for 2 years and to pay

fine of Rs.4000/- All sentences to run concurrently.”

4. Section 68-

5. Section 69-

Offence under section 69-Cognizable and non- bailable.

6. Section 70-

7. Section 71:

8. Section 72:

9. Section 73:

10.Section 74:

Knowingly/Intentionally-Creating/Publishing/making of DSC for-

Fraudalent/ Unlawful purpose= Such person is punishable under this

section -Imp upto 2 Years =/ Fine upto 1 lacs or both.

11.Section 75;

Contravention committed outside India by any person if the act or conduct

constituting the offense or contravention involves a computer, computer

system or computer network located in India. Explanation: This section has

 a broader perspective including cyber crime, committed by cyber criminals,

of any nationality, any territoriality

12.Section-77:

No penalty imposed or confiscation made under this Act shall prevent the

imposition of any other punishment to which the person affected thereby is

liable under any other law for the time being in force.

 Explanation: The aforesaid section lays down a mandatory condition, which

states the Penalties or confiscation not to interfere with other punishments to

which the person affected thereby is liable under any other law for the time

being in force.

Conclusion:

Due to the increase in the digital technology various offences has also

increased. Since new-new technology come every day, the offences have

also increased therefore the IT Act 2000 need to be amended in order to

include those offences which are now not included in the Act. In India

cybercrime is of not of high rate therefore we have time in order to tighten

the cyber laws and include the offences which are now not included in the IT

Act 2000.
Who is a Juvenile under Juvenile Justice Act, 2000? What are the objectives of the

Act? What special provisions are laid down under the Act about Juvenile in

conflict with law? What punishments to a Juvenile cannot be passed? / बाल न्याय

कायदा, 2000 अंतर्गत किशोरकिशोरवयीन कोण आहे ? कायद्याची उद्दिष्टे काय आहे त?

कायद्याच्या विरोधात असलेल्या किशोरवयीनांबद्दल कायद्यांतर्गत कोणत्या विशेष

तरतुदी आहे त? अल्पवयीन मुलाला कोणती शिक्षा दिली जाऊ शकत नाही?

Ans mentioned in paper 1

3. Do you favour Reforms in I.P.C.? Substantiate fully views with appropriate

and necessary reforms in the provisions of the Indian Penal Code. / तुम्ही

I.P.C. मधील सुधारणांना अनुकूल आहात का? भारतीय दं ड संहितेच्या तरतुदींमध्ये

योग्य आणि आवश्यक सध

ु ारणांसह पर्ण
ू पणे मते सिद्ध करा.

Ans Mentioned in Paper1

4. What is sedition under I.P.C.? Discuss the punishment prescribed for

sedition under I.P.C. Are the punishments justified? Write your opinion
 about the same. / I.P.C. अंतर्गत दे शद्रोह म्हणजे काय? I.P.C अंतर्गत

दे शद्रोहासाठी विहित केलेल्या शिक्षेची चर्चा करा. शिक्षा न्याय्य आहे त का? 

त्याबद्दल तम
ु चे मत लिहा.

Ans mentioned in paper 2

5. State the features of Juvenile Delinquency and find out the therapeutic

approach in Indian Juvenile Justice. / बालगुन्हे गारीची वैशिष्ट्ये सांगा आणि

भारतीय बाल न्यायामध्ये उपचारात्मक दृष्टिकोन शोधा.

Ans:

Introduction to Juvenile Delinquency:

 Violation of law by a child is called Juvenile Delinquency.

Delinquency is an antisocial and criminal behaviour committed by a

person who is under the age of 18; that is, who is not an adult. 

 Juvenile delinquency is also called delinquency.

  When a person reaches adulthood, antisocial and criminal behaviour

done by him can be said as a crime. 

 Thus, we can say that juvenile delinquency is the child and adolescent

version of the crime.

Two General Behaviour of Juvenile Delinquency :

 A variety of miscellaneous crimes is called public order offenses. And are

also delinquent offenses. These include intoxicated drive, cruelty to animals,

possession, and use of a controlled substance, forgery, fraud, disorderly

conduct, weapons violations, prostitution, and commercialized vice,

vagrancy and loitering, traffic violations, etc.

Features of Juvenile Deliquency:

Some of the most important characteristics of juvenile delinquents in India

are as follows:
(1) The delinquency rates are much higher among boys than among girls, that is,
girls commit less delinquencies than boys. The involvement of girls in the juvenile
delinquency up to 1987 was about 6 per cent to 7 per cent. This suddenly increased
to 13.4 per cent in 1988 due to the change in the definition of juveniles by which,
girls in the age group of 16-18 years only, are considered as juveniles.
(2) The delinquency rates tend to be highest during early adolescence (12-16 years
age group). Since the new definition of the age of juvenile delinquency in 1988, 
(3) Juvenile delinquency is more an urban than a rural phenomenon. The
metropolitan cities (with population of more than 10 lakh) produce more juvenile
delinquents than small cities and towns. If we take 23 metropolitan cities in India,
of the 1,362 crimes committed in these cities under the IPC in 1994, about three-
fourths (74.7%) were committed in seven cities: Mumbai: Delhi, Bangalore,
Ahmedabad, Pune, Nagpur and Hyderabad.
(4) Children living with parents and guardians are found to be more involved in the
juvenile crimes. At the time of arrest, in 1994 little less than three-fourths (71%) of
the delinquents were found living with their parents, about one-fifth (20.2%) with
their guardians, and less than one- tenth (8.8%) were homeless (Ibid: 207). This
shows the role of family environment in juvenile delinquency.
(5) Low educational background is the prime attribute for delinquency. Thus, most
delinquents come from illiterate and less educated families.
(6) Poor economic background is another important characteristic of juvenile
delinquency in India. (That is, upper-middle class) 
This shows that juvenile delinquency is more a lower-class phenomenon. Almost
all studies conducted in our country on juvenile delinquency and its relation to the
socio-economic order show that those at the bottom strata have been found to have
the highest rates. 
(7) More than four-fifths of the juvenile delinquents are first offenders and only a
little more than one-tenth are recidivists or past offenders. 
Conclusion:

 Juvenile delinquency is a way for minors to get involved in adult crime since
a large percentage of criminal activity has its roots in childhood and causes
major problems around the world. 
 Today, it has become a major topic of concern and needs to be discussed on
a more serious note. Difficulties increase as we enter the statistical data of
developed countries compared to developing countries. 
 It has been observed that theft and robbery contribute to a large percentage
of these cases.
 Murder, rape, burglary, kidnapping are a few other additions to them. based
on available statistics, the perception that this crime is on the rise is not to be
underestimated. 
 In India previously Juvenile delinquency was not a great issue. It is said that
the juvenile laws were Implemented half-heartedly.
 But after the brutality in Nirbhaya, there was a great concern raised before
the authorities to implement such a law that not only deals with juveniles in
conflict with laws in a better way but also provides care and protection to
delinquent juveniles. 
 In all the cases, a person becomes delinquent when society deals with it
strangely. 
 When a juvenile sees great inequalities in society, his mind responds to the
same in a bad way.

6. Explain with respect to MCOCA Act, 1999. – / MCOCA कायदा, 1999 च्या

संदर्भात स्पष्टीकरण द्या. –

a. Confessions / कबुलीजबाब
 b. Why offenders are prosecuted by Special Courts? / विशेष

न्यायालयांद्वारे गुन्हे गारांवर खटला का चालवला जातो?

A. Confessions:

 Section 18 of MCOCA Act,1999 deals with confessions.

 The essential requirements of a statement to be termed as “confession” are-

1. The statement must be given/recorded in a free atmosphere.

2. The statement must be voluntary.

 Section 18, contrary to the Cr.P.C and Indian Evidence Act (“IEA”),
empowers Police Officers to record Confessions of Accused persons and
provides the manner and procedure in which a confession has to be recorded
and forwarded. 
 When a person in Police Custody is forwarded to an empowered Police
Officer, there is unlimited power cast on the Police Officers to
threaten/pressurise the accused person as is observed in many judgments.
 There is always a chance that the Investigating Officer and empowered
Officer are colluding for procuring conviction against someone otherwise
innocent.
  As per MCOC Rules, prior to recording any confession, the accused must
be given 24 hours or more reflection time and must be detained in custody
otherwise than that of the investigating team where no member of the
investigating team can visit him. 
 However, exposure with other unconnected Police Officers could also risk
manipulation of circumstances. 
 The empowered Police Officer, after giving the requisite reflection time,
may comply with the guidelines as mere empty formalities which would
suffice the case of Prosecution. Also, there is no independent authority to
govern the atmosphere of proceedings.
 Section 18(3) mandates confessions to be recorded in a judicial manner,
complying with material requisites and guidelines issued by the Apex
Court. 
  A person in Police Custody being forwarded to an empowered Police Officer
itself would question the authenticity of voluntariness due to the possibility
of mala-fide intent on part of the Police Officers to procure conviction.
 Section 18(4) requires the Police Officer to send forthwith, the confession
recorded under 18(1) to the Magistrate having jurisdiction and the
Magistrate would forward the recorded confession to the Special Court. 
 The accused would be produced before the Magistrate to whom the
confession is sent under 18(4) along-with the original statement of
confession, written or recorded on a mechanical device, without
unreasonable delay. 
 The Magistrate is to scrupulously record the statement made by the produced
Accused, if any, and obtain his signature on the same. 
 In case of any complaint of torture, the Magistrate shall direct the person for
medical examination before the prescribed Medical Officer. 
 This provision, thus, doesn’t address mental torture, pressurization,
coercion/threat made by the Police Officer/s before recording of such
confession. Resultantly, such a confession could seriously prejudice the case
of Accused.
B. Why offenders are prosecuted by Special Courts Under

MCOCA?

Ans:

Definition of Special Court: 

It is defined under 2(g) of the Act states as follows: 
“Special Court” means the Special Court constituted under section 5. Thus,
specific reliance is to be made to Section 5 of the Act for elaborative sphere of
Special Court.
Provisions Relating to special Courts under MCOCA ACT,1999:

1. Section-5 of the Act :

 It provides that the State Government, by notification in the
official gazette, constitute one or more special courts for such
area/areas and for such cases/group of cases which it notifies
in the gazette itself.
 The special court shall preside over by a judge who is to be
appointed by the State Government in concurrence with the
 Chief Justice of Bombay High Court and State Govt. can also
appoint such additional judges to exercise the power of the
Special Court, only with the concurrence of the Chief Justice of
Bombay High Court.
  Moreover, the decision of the State Govt. is final as to the
jurisdiction exercised by the Special Court.
2. Section 8:
Further, the State Govt shall also appoint Public Prosecutor &
Additional Public Prosecutor for every Special Court who has
been practicing as an Advocate for not less than 10 years.
(Section-8)
3. Section 5 (4):Qualification as to preside over the judge of Special
Court:

 Immediately before his appointment as the judge of Special Court, he shall

be a Sessions Judge or an Additional Sessions Judge. [Section 5(4)]

4. Section 6: Jurisdiction of the Special Court:

 The Special Court shall try all the offences under this Act which has been
committed within its jurisdiction or as the case maybe by the Special Court
constituted for trying such offence under sub-section (1) of section 5.
[Section 6]

The Special Courts have following powers as has been conferred on it

by the Act:

 Section 7:

While trying an offence under this Act, the Special court my also try any
other offence committed by the accused under this Act or under any other
Act, if it is related to that offence and may sentence the same accordingly. 

 Section 9 (1):

Special Court may take cognizance of offence under this Act against any
person, even if it has not been committed to it, either on receiving the
compliant or police report, as the case maybe. 

 When an offence is triable by a Special Court under this Act not exceeding
the prescribed punishment beyond 3 years of imprisonment or fine or both,
he can summarily try the case in accordance with the procedure prescribed
in the Code of Criminal Procedure, 1973 (hereinafter referred as ‘CrPC’)
u/s. 263 to 265.
 Section 9 (2):

If the Special Court is of the opinion that it is undesirable to try a

case in summary way, then he may dispense with such summary
procedure and rehear the case, as if he is the magistrate to try that
case in a trial and abide by the provisions of CrPC. [Section 9(2)]

Moreover, while summarily trying a case, Special Court may

sentence an imprisonment for a term not exceeding 2 years.
Conclusion:
 MCOCA Special Courts have the jurisdiction to try cases concerning offences
defined under MCOCA, but can also conduct trials for offences under any other
laws, provided that the offences are connected to a MCOCA trial or
discovered in the course of a MCOCA trial.

Note: More precise reason for offenders to be trialed at Special

Court under MCOCA shall be mentioned. (Content Not found
Perfectly)