Category: Politics & Government

Section 164A of the Code of Criminal Procedure, which was inserted by the 2005 Amendment has made special provisions for medical examination of the victims of rape. Image Source: girlbodypride.comIt is provided that during the investigation of a rape or an attempt to commit rape, it is proposed to get the female victim examined by a medical expert, such examination should be conducted by a registered medical practitioner employed in a Government hospital or a local authority, and in the absence of such a practitioner, by any other registered medical practitioner. ADVERTISEMENTS: Such examination should be with the consent of the victim or of a person competent to give such consent on her behalf. It is also provided that she must be sent to the registered medical practitioner within twenty-four…

Legal provisions regarding withdrawal from prosecution under section 321 of the Code of Criminal Procedure, 1973.According to Section 321 of the Code of Criminal Procedure, the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of anyone or more of the offences for which he is tried; and, upon such withdrawal; Image Source: media1.fdncms.com ADVERTISEMENTS: (a) If it is before a charge has been framed, the accused shall be discharged in respect of such offence or offences;(b) If it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in…

Whoever ostensibly procures a juvenile or the child for the purpose of any hazardous employment keeps him in bondage and withholds his earnings or uses such earning for his own purposes shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. Image Source: cdn-media-1.lifehack.orgComment: ADVERTISEMENTS: The exploitation of child employees in hotels, shops and as domestic servants is a common feature in India despite the fact that it is an offence. This section provides that whosoever procures a juvenile or a child for any hazardous employment or withholds his earnings or uses such earnings for his own purposes, shall be liable to punishment which may extend to three years and shall also be liable to fine.Notably, Article 24 of…

(1) The State Government may appoint inspection committees for the children’s homes (hereinafter referred to as the Inspection Committees) for the State, a district and city, as the case may be, for such period and for such purposes as may be prescribed. Image Source: lahomesbynadia.com(2) The Inspection Committee of a State, District or of a city shall consist of such number of representatives from the State Government, [***] Committee, voluntary organisations and such other medical experts and social workers as may be prescribed. ADVERTISEMENTS: This section provides that the State Government may appoint Inspection Committees for the periodical inspection of Children’s Homes. The Inspection Committee so constituted shall consist of representatives from different sections of society which includes the following:—(1) Representative of the State Government;(2) Representative of local authority, i.e.;…

The Central Government or State Government may monitor and evaluate the functioning of the children’s homes at such period and through such persons and institutions as may be specified by that Government. Image Source: immi-usa.comComment: ADVERTISEMENTS: Social auditing is relatively a new concept. Social Service institutions and organisations such as Children’s Home are subjected to social auditing by the Central or the State Government at regular intervals with a view to monitoring and evaluating the working of these Homes. It enables these Homes to remove its deficiencies and shortcomings and thus improve its functioning. The social auditing of Children’s Homes may be done by individual persons or institution as the Government may prescribe.

(1) If during the inquiry it is found that the child hails from the place outside the jurisdiction of the Committee, the Committee shall order the transfer of the child to the competent authority having jurisdiction over the place of residence of the child. Image Source: livesportsreviews.com(2) Such juvenile or the child shall be escorted by the staff of the home in which he is lodged originally. ADVERTISEMENTS: (3) The State Government may make rules to provide for the travelling allowance to be paid to the child.Comment: Where the Child Welfare Committee finds that the child brought before it hails from the place outside its (Committee’s) jurisdiction, it may order the transfer of that child to the competent authority having jurisdiction over the place where the child resides.During the transfer…

The persons who may produce the child who is in need of care and protection, before the Child Welfare Committee as specified in this section are— Image Source: cwa3122.org(i) Any police officer, or special juvenile police unit or a designated police officer, ADVERTISEMENTS: (ii) Any public servant;(iii) Childline or any registered voluntary organisation or agency authorised by the State Government and dealing with child welfare.(iv) Any social worker or public spirited citizen authorised by the State Government, or(v) Child himself. ADVERTISEMENTS: The child may be entrusted to the custody of Children’s Home pending inquiry under the rules framed by the State Government in this regard under the Act.The High Court of Bombay in Sayaji Hanmant Bankar v. State of Maharashtra, held that where the Investigation Officer had taken charge of…

After Mir Jafar’s death in 1765, the new Nawab of Bengal signed a treaty with Clive, handing over the powers of military and criminal jurisdiction to the Company. Image Source: im1.indiarailinfo.comClive concluded the Treaty of Allahabad (1765) with Shuja-ud-daulah on the following terms. ADVERTISEMENTS: i. Awadh was restored to Shuja-ud-daulah in return for a sum of money.ii. Shuja-ud-daulah ceded Kora and Allahabad on condition that the Company would protect him against invasions. Awadh thus became a buffer state (neutral zone), which would protect Bengal from the direct impact of an invasion from the north-west.Shah Alam II issued a farman (royal order) in 1765, granting the Company the diwani (right to collect revenue) of Bengal, Bihar and Orissa on a permanent basis. In return, the Company gave him the districts of…