Criminology_Kinds of Punishments

Kinds of Punishments

1. The concept of PUNISHMENT is the main concern of penology.
2. The main aim of Penology is to control crime and criminal.
3. In India, following kinds of punishment are enumerated in Sections 53 of the Indian Penal Code, 1860.

• Death Penalty
• It is also known as Capital Punishment
• It may awarded as Punishment for offences, such as -
1. Waging War against State (121)
2. Giving or fabricating false evidence upon which innocent person suffers death (194)
3. Murder (303)
4. Abetment of suicide of a minor or an insane or an intoxicated person (305)
5. Dacoity with Murder (396), etc.
• The object of this Punishment is to set an example for other prospective criminals.
• By awarding Punishment of death, repetition of crime by that offender is absolutely prevented.
• Imprisonment for life
• The duration for imprisonment for life is not definitely fixed.
• However, under Section 57 – a sentence of imprisonment for life shall be treated as equivalent to imprisonment for twenty years.
• Under Section 55 – the Appropriate Government (Either State or Central) may commute this punishment for imprisonment either description for a term not exceeding fourteen years.
• Recently, the Hon'ble. Supreme Court had made it clear that, the term Imprisonment for life means the punishment for the whole period of life of the convict and not just 14 years or 20 years
• Imprisonment
• Imprisonment may be of three kinds. It may be either simple, rigorous or solitary confinement
• Rigorous Imprisonment
1. The Offender is put to hard labour.
2. Hard labour includes cutting firewood, digging earth, etc.
3. Examples of offenses which are punishable with rigorous imprisonment are - 
• Kidnapping and abducting in order to murder (S. 364)
• Robbery (S. 392),
• Dacoity (S.395), etc.
• Simple Imprisonment
1. The offender is not put to any kind of work
2. Examples of offenses which are punishable with Simple imprisonment are - 
• Being member of unlawful assembly (S.143)
• Attempt to commit suicide (S.309), etc.
• Solitary Confinement
1. The Offender is kept in isolated cell.
2. It administered in most exceptional cases such atrocity and brutality
3. Rules relating solitary confinement –
• If the term of imprisonment is 6 months, then the period of solitary confinement shall not exceed 1 Month
• If the term of imprisonment is more than 6 months and less than one year, then the period of solitary confinement shall not exceed 2 Months
• If the term of imprisonment is more than one year, then the period of solitary confinement shall not exceed 3 Months
• The maximum term of solitary confinement shall not exceed three months.
• If Imprisonment awarded exceeds three months -
1. SC shall not be more than 7 days in any month
2. There should be interval of at least 7 days between any two periods of such confinement.
• Forfeiture of property
• It is one of the mode of Punishment.
• Its main object is to recover the loss caused to the Government in cases of embezzlement/cheating
• The Punishment for absolute forfeiture of property of the offender is now abolished by the Act XCI of 1921.
• There are only three offences mentioned in Section 125, 126 and 169 of the IPC, in which the specific property of the offender is liable to forfeited.
• Fine
• The Indian Penal Code mentions the punishment of fine for several offences, generally with or without imprisonment.
• If the offence is punishable with fine only, then the court can impose simple imprisonment only in default of payment of fine on following scale
1. Amount of fine up to Rs. 50    - Imprisonment for 2 Months
2. Amount of fine up to Rs. 100  - Imprisonment for 4 Months 
3. Amount of fine above Rs. 100 - Imprisonment for 6 Months 

Copyright Act_Copyright Society

Copyright Society

1. The Copyright Act, 1957 (Copyright Act) governs the law relating to copyright in India.
2. Copyright Society means the society which is registered under Section 33 (3) of the Act
3. Chapter - VII (Section 33 to 36A) of this Act, deals with Copyright Societies.
4. The minimum membership required for registration of a Society is seven.
5. Generally, only one society is registered to do business in respect of the same class of work.
6. The business of issuing OR granting license in respect of dramatic, literary, musical, and artistic works incorporated in cinematograph films OR sound recordings shall be carried out only by a registered copyright society.
7. Functions of Copyright Societies -
• A Copyright Society may issue licenses and collect fees following its Scheme of Tariffs.
• The distribution of fees collected among the author and other owners
• Every Copyright Society shall maintain - 
• “Register of Authors and Other Owners”
• “Register of Agreements”
• “Register of Royalties”
• “Disbursement Register”
8. The Annual General Body Meeting of the members of the Copyright Society shall hold before the 31st day of March every year.
9. The copyright society shall submit the Annual Return with the Registrar of Copyrights within one month from the date of conclusion of each Annual General Body meeting.
10. Example of Registered Copyright Societies in India: - ISRA – Indian Singers Rights Association

Family Courts Act_Family Court

Family Court

1. The Family Courts in India are set up under the Family Courts Act, 1984. The said Act was enforced on 14th September 1984
2. Under Section 2 of the said Act, the State Government must establish one Family Court for every area in the State comprising of a town or city which has a population of one million or more.
3. The State Government may also be established Family Courts for other areas in the State as the State Government may deem necessary.
4. In case of Gangadharan V/s. State of Kerala, AIR 2006 SC 2360, the Hon’ble. Supreme Court observed that State Government should establish Family Courts not only because it is so provided in the Act, but also to discharge its social obligation to provide a less formal platform for determining family disputes.
5. The appointment of the judges of Family Courts is made by the State Government as per the qualification mentioned under Section 4 of the Act.
6. The provisions relating to the jurisdiction of the Family Court are laid down in Section 7 of the Act.
7. The Family Court dealt with the following suits and proceedings between the parties to a marriage –
• For Decree in respect of Nullity of Marriage OR Restitution of Conjugal Rights OR Judicial Separation OR Dissolution of Marriage,
• For a Declaration of the Validity of the Marriage OR the Matrimonial Status of any person
• For an Injunction OR Order in a Disputes arising out of a Marital Relationship,
• For Declaration of Legitimacy of any person,
• For Maintenance, and
• For Deciding the Guardianship of the person OR the Custody of or access to any minor
8. Section 9 of the Act provides that, the Family Court should try to resolve the matter through conciliation and settlement.
9. Section 10 of the Act provides the general procedures of family court
10. As per Section 11 of the Act, in-camera proceedings can be ordered, if the parties desire.
11. The Court can take the assistance of medical and welfare experts.
12. As per Section 14 of the Act, the provisions of the Indian Evidence Act, 1872 applicable to the proceedings before the Family Court.
13. Section 15 of the Act lays down the way of recording evidence in the proceedings before the Family Court
14. Provisions of the Code of Civil Procedure, 1908 are applied in the enforcement of the order or the judgement passed by the Family Court.
15. Section 17 of the Act deals with the judgment passed by the Family Court
16. Section 19 of the Act deals with Appeal. Appeal arising out of the judgment or order of Family Court can be made to the High Court. The Appeal shall be filed within 30 days from the date of the Judgement