Dr. Justice V.S. Malimath Report First pages - Ministry of Home Affairs
Dr. Justice V.S. Malimath Report First pages - Ministry of Home Affairs
Dr. Justice V.S. Malimath Report First pages - Ministry of Home Affairs
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
174<br />
such as curfew order, community rehabilitation order, and community<br />
punishment order. A <strong>Dr</strong>ug treatment order, an attendance centre order, a<br />
suspension order are part <strong>of</strong> the statutory changes.<br />
14.5.9 Financial penalties taking into account the <strong>of</strong>fenders’ financial<br />
circumstances, and fixing <strong>of</strong> fines, remission <strong>of</strong> fines, compensation orders are<br />
provided. A review <strong>of</strong> compensation orders limits <strong>of</strong> fine to be imposed on the<br />
young <strong>of</strong>fender and a direction to the parent or guardian to pay fines, compensation<br />
etc., are all fixed and statutorily regulated. Power to confiscate the property used<br />
for Crime is covered by Section 143 <strong>of</strong> Criminal Courts Sentencing Act <strong>of</strong> 2000.<br />
Forfeiture is also provided. We have Shrama-dan, or NSS work which can be<br />
usefully introduced as part <strong>of</strong> sentencing. ‘Janman-Bhoomi concept in vogue in<br />
Andhra Pradesh can be converted into a convicts wage to the community for the<br />
crime committed. All these clearly show the changes and the emerging pattern in<br />
sentencing and several other facts the aim <strong>of</strong> all <strong>of</strong> which is to bring about a<br />
psychological change in the accused, to have an impact on the mind so that the<br />
same may bring about certain reformation <strong>of</strong> the individual. It is time that with the<br />
advancement <strong>of</strong> science, medicine and human psychology we try to find out the<br />
etiology <strong>of</strong> the Crime in our country and to bring about legislation which<br />
introduces a whole range <strong>of</strong> new and innovative punishments some <strong>of</strong> which are<br />
enumerated in the preceding paragraphs.<br />
14.6 PREPARING FOR EMERGING CHALLENGES<br />
14.6.1 The last<br />
century has seen amazing<br />
change in the pattern <strong>of</strong><br />
crime and the intensity and<br />
impact <strong>of</strong> the same on<br />
society. Terrorism has<br />
become global in nature,<br />
and the consequences <strong>of</strong> the<br />
same in terms <strong>of</strong> loss <strong>of</strong> life<br />
are phenomenal. Organised<br />
crime and its ramifications<br />
are global. Economic<br />
<strong>of</strong>fences are transnational in<br />
operations and cyber crimes<br />
have no geographical<br />
limitation. Sexual <strong>of</strong>fences,<br />
child abuse, drug<br />
trafficking, trafficking in<br />
Terrorism has become global in nature, and the<br />
consequences <strong>of</strong> the same in terms <strong>of</strong> loss <strong>of</strong> life<br />
are phenomenal. Organised crime and its<br />
ramifications are global. Economic <strong>of</strong>fences are<br />
transnational in operations and cyber crimes<br />
have no geographical limitation. Sexual<br />
<strong>of</strong>fences, child abuse, drug trafficking,<br />
trafficking in women and child, pornography,<br />
hijacking <strong>of</strong> aircrafts are all crimes which have<br />
no limitations either in terms <strong>of</strong> space or<br />
geographical boundaries and the impact <strong>of</strong> same<br />
affects the entire society and the nation itself.<br />
Therefore the need to combat these emerging<br />
crimes, which are bound to increase in number<br />
and in frequency, will have to be addressed and<br />
tackled.<br />
women and child, pornography, hijacking <strong>of</strong> aircrafts are all crimes which<br />
have no limitations either in terms <strong>of</strong> space or geographical boundaries and the