30Sep 2018 by admin

Essay on Open Prison System (582 Words)

Management
Here is your essay on the concept of open jail system!Though the working of open-jail during the first two decades of its beginning in India proved to be useful and showed some positive results but there has been a sharp decline in the popularity of these prisons in the recent past. Perhaps it is for this reason that there has been no significant addition to the existing open jails after 1980. Even the idea of an exclusive open jail for women did not gain much public support. image source: upload.wikimedia.org ADVERTISEMENTS: Perhaps the true reason for public apathy for open prisons is the extensive use of probation as a measure of individualised treatment of offenders which seeks to bring about reformation and rehabilitation of criminals within the community itself. Resort…
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30Sep 2018 by admin

Who is a Guardian under the Hindu Minority and Guardianship Act of 1956?

Essays
A guardian means a person who owns the responsibility to take care of the person of another or of his property, or of both. Section 4 of the Guardian and Wards Act also defines the term “guardian” in the same sense. Section 4(b) of the Hindu Minority and Guardianship Act defines the word “guardian” as follows:— Image Source: triblio.com“Guardian” means a person having the care of the person of a minor, or of his property, or of both his person and property and includes— ADVERTISEMENTS: (i) A natural guardian;(ii) A guardian appointed by the will of the minor’s father or mother(iii) A guardian appointed or declared by a court; and(iv) A person empowered to act as such by or under any enactment relating to any court of wards. ADVERTISEMENTS: Besides…
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30Sep 2018 by admin

Essay on "Good time" Laws in India

Management
Essay on “Good time” Laws in India !Before reviewing the position of good time laws in India, it must be stated that reduction of sentence under “good-time” laws is different from the commutation of sentence. While reduction in prisoner’s term of imprisonment depends on the discretion of prison authorities, the commutation of sentence is a prerogative of the executive Head of the State. image source: gogoodscout.com ADVERTISEMENTS: It must also be noted that reduction in the term of sentence under good-time laws is invariably granted to almost all inmates as a matter of course therefore, its significance seems to have been lost in the present penal system. Any misconduct on the part of inmate inside the prison may, however, entail certain reduction in his good time allowance.The system of allowing…
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30Sep 2018 by admin

Essay on Juvenile Justice in U.S.A (347 Words)

United States
Essay on Juvenile Justice in U.S.A !The origin of juvenile courts in the United States can be traced back to the system of appointment of State Agents in Massachusetts (Boston) in 1869. These State Agents were to take protective care of juveniles. In 1878, the work of the State Agent was transferred to probation officer who took care of the juvenile offenders placed under their charge. image source: bmore.jschool.umd.edu ADVERTISEMENTS: Presently, there is a Juvenile Court in each State of the United States. It is usually a specialised unit in the State judicial service which is established in the local community. The legislature determines its proceedings while the higher courts supervise its functions. The various State agencies such as State Welfare Departments influence the fiscal policies in relation to the…
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30Sep 2018 by admin

Essay on British Parole System (615 Words)

Rehabilitation
Essay on British Parole System !The failure of the British system of penal transportation and its unsatisfactory consequences led to the origin of parole in England. The abolition of the system of transportation of prisoners as a penal servitude resulted into overcrowding of British prisons. Consequently, a new method known as Ticket on Leave’ was introduced in the later decades of eighteenth century as a measure for reducing the prison population. image source: media.guim.co.uk ADVERTISEMENTS: Unfortunately, the system did not yield good results because prisoners were discharged from prisons merely on surety for good behaviour without being prepared and trained for a disciplined life in the community. In absence of adequate after-care, these discharged prisoners often developed recidivistic tendencies thus rendering public life more insecure and unsafe.Therefore, it became necessary…
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30Sep 2018 by admin

Punishment for Contravention of Certain Conditions of a Hindu Marriage

Marriage
According to the Section 18 of the Hindu Marriage Act, 1955, every Hindu who procures a marriage for himself or herself to be solemnised under this Act in contravention to the conditions specified in Clauses (iii), (iv) and (v) of Section 5 shall be punishable— Image Source: farm4.staticflickr.com(a) In case of contravention of the conditions specified in clause (iii) of Section 5 with simple imprisonment which may extend to 15 days or with fine which may extend to one thousand rupees, or with both. After the passing of the Act now the position has been changed, who ever performs, conducts, directs or abates any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh…
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30Sep 2018 by admin

Essay on Efficacy of Punishment in Early Stages and Medieval Period

Family Members
Essay on Efficacy of Punishment in Early Stages and Medieval Period !In order to assess the adequacy of modern penal systems, it is necessary to probe into the origin and evolution of the system of punishment from the earliest time. image source: 62e528761d0685343e1c-f3d1b99a743ffa4142d9d7f1978d9686.ssl.cf2.rackcdn.com Early Stages: In primitive societies, men shared with animals the emotion of resentment at injury. The sense of fear and ignorance led to barbarous method of treatment of offenders. The concept of law and order was not yet known. Consequently, the common methods of settling disputes were through personal vengeance such as dual blood feuds and reparation, etc. As pointed out by Gillin, “in those days punishment was reflective reaction to injury”. ADVERTISEMENTS: Thus, in early societies the basis of punishment was retribution and vengeance. This obviously…
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30Sep 2018 by admin

What are the Incidents and Consequences of a Decree for Judicial Separation?

Marriage
The following incidents and consequences of a decree of judicial separation are noteworthy: Image Source: utahdivorcefirm.com(1) The marriage is not dissolved. ADVERTISEMENTS: (2) The husband and wife continue to have the same status but they are not bound to live together.(3) It would not be obligatory for them to cohabit with each other.(4) It does not prevent the parties from subsequently resuming cohabitation and living together as husband and wife as originally, they did.(5) If either spouse marries during the period of judicial separation, he or she would be liable for the offence of bigamy. ADVERTISEMENTS: (6) The petitioner, who may be wife or husband, may claim alimony from the other.(7) The wife shall, from the date of the decree and till separation continues, be considered as a feme sole…
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30Sep 2018 by admin

What is the Punishment for Bigamy under Hindu Marriage Act, 1955?

Marriage
Section 17 of the Act makes the marriage void under the following conditions:(1) If the marriage is solemnised after the commencement of the Act; and ADVERTISEMENTS: (2) At the date of marriage either party has a spouse living.It further renders bigamy punishable as per Section 494 of the Indian Penal Code. Image Source: i.ytimg.comUnless the marriage is performed with proper ceremonies and due form, it cannot be said to be solemnised. It is therefore, essential for the purpose of Section 17 of the Act, that the marriage to which Section 494, Indian Penal Code applies on account of the provisions of the Act should have been celebrated with proper ceremonies and due form.Once these ceremonies are proved to have been performed the marriage becomes properly solemnised and if contracted while…
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30Sep 2018 by admin

Essay on Lok Adalats in India (693 Words)| LAW

Decision Making
Here is your essay on Lok Adalats in India !Any discussion on criminal justice system in India will remain incomplete without a reference to the institution of Lok Adalat. The phraseology ‘Lok Adalat’ comprises two words, namely, ‘Lok’ and ‘Adalat’ the former expressing the concept of public opinion while the latter denoting the accurate and thorough deliberation aspect of decision making. image source: ghclsc.gov.in ADVERTISEMENTS: Both these aspects have been blended judiciously in the institution of Lok Adalat as envisaged by Sections 19(1) and 20(4) of the Legal Services Authorities Act, 1987. Judicial officers are integral part forming the composition of Lok Adalat and the principles of justice, equity and fair play are the guiding factors for decision based on compromises to be arrived at before such Adalats.The Lok Adalat…
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