21.07.2013 Views

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

SHOW MORE
SHOW LESS

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

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!