Relevant sections of Indian Penal Code, Criminal Procedure Code and Indian Evidence Act

2008 ◽  
pp. 277-277
Author(s):  
Swapnil Agarwal ◽  
Lavlesh Kumar ◽  
Krishnadutt Chavali
2018 ◽  
Vol 5 (2) ◽  
pp. 60
Author(s):  
Mansour Rahmdel

That the individual shall have full protection in person is a principle as old as the human beings life, but it has beenfound necessary from time to time to define anew the exact nature and extent of such protection. As civilizationadvanced, an individual’s feelings and intellect, as well as his physical being, came within the scope of the legal“right to be let alone.”Iranian Constitution has guaranteed individual’s rights and freedom and has explicitly referred to forbiddance ofeavesdropping and interception of conversations in its article 25. Article 582 of Penal Code ratified in 1996 hascriminalized eavesdropping by the governmental officials. Article 104 of Criminal Procedure Code, which wasabolished in 2014, referred to eavesdropping under the judge’s order. Article 150 of new criminal procedure coderatified in 2014, and came into force in October 2014, has provided adequate safeguards to protect the individual’srights.


2021 ◽  
Vol 11 (4) ◽  
pp. 2564-2582

Crimes of infringing upon economic management order are specified in Section 1, Section 2, Section 3 Chapter 18 of the 2015 Penal Code, including 48 crimes, divided into 3 groups of crimes. According to the provisions of the 2013 Constitution, the 2014 Law on Organization of the People's Procuracy and the 2015 Criminal Procedure Code, the People's Procuracy exercises the right to prosecute and supervise judicial activities to ensure all legal rights and interests. Criminal acts must be detected, investigated, prosecuted and adjudicated in a timely manner, without causing unjust, wrong, or omission of criminals and at the same time not causing injustice to innocent people. The article presents the crimes of infringing upon the economic management order specified in the 2015 Penal Code, the prosecutor's exercise of the right to prosecution and judicial supervision during the investigation period; prosecuting and adjudicating cases of infringing upon economic management order.


2018 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Mansour Rahmdel

<em>Normally, the right to compensation refers to the victim’s compensation. The legislator also typically refers to the right to it, as the Iranian Criminal Procedure Code has done so in articles 14 and 15. But the present paper, refers not to the victim’s, but the accused right. The Criminal Procedure Code of 1912 and 1999 referred to the possibility of compensating the accused by the iniquitous private complainant. However, none of them referred to the government’s obligation to compensate to the innocent accused. In contrast, the Penal Code of 2014 stipulates the government’s obligation to compensate the defendant for damages, but does not rule out the possibility of compensation by iniquitous complainant. Certainly, it does not exempt the complainant to compensation. Reaffirming the responsibility of the government to offset the losses of innocent accused, in line with international conventions, is one of the highlights of the new code. But the lack of compensation for unjustified detention is one of the gaps in the new code. This paper proposes that the Iranian new code of criminal procedure, serves as a development in respecting the accused right in creating comprehensive compensation schemes.</em>


ICR Journal ◽  
2015 ◽  
Vol 6 (2) ◽  
pp. 166-174
Author(s):  
Tun Abdul Hamid Mohamad

First of all, I would like to correct a common mistake. Many people thought that Brunei has implemented hudud law. That is not correct. In fact, to this day, Brunei has yet to enforce that part of the Syari’ah Penal Code Order 2013 which contains hudud offences. Brunei has gazetted the law. The effective date has not been fixed yet. The most recent information I received from the Assistant Solicitor General of Brunei on 15th December, 2014 confirmed that the hudud law has not been enforced.  In fact, the provisions of the Syari’ah Criminal Procedure Code necessary for the implementation are still under discussion. If we want to talk about criminal law and what is now called “Islamic criminal law”, in the Malaysian context, we have to start from the Federal Constitution.


2019 ◽  
Vol 4 (3) ◽  
pp. 366
Author(s):  
Khudzaifah Dimyati ◽  
Angkasa Angkasa

Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in the Criminal Justice System obtain legal protection and the decision of judges could fulfill the sense of justice.


2016 ◽  
Vol 16 (2) ◽  
pp. 215
Author(s):  
Muhaimin Muhaimin

Criminal Procedure Code in the document asserted that the defendant-formation-convict defendant as a “Seeker of Justice”, then the suspect-defendant-convict get the attention and protection of the law by setting the portion of his or her rights are quite large. Criminal Procedure Code can be considered as an oriented arrangement of substance abusers. Over ± 30 years KUHAP rights owned by the perpetrator, especially during the last 10 years, little by little reduced by the law governing criminal procedure in the legislation spread outside the Penal Code. The arrangement does not mean deprivation of the rights of the suspect-defendant-convict who had been there before, but the reduction of quality in the implementation or fulfillment of their legal rights in such a way that essentially contrary to the philosophy underlying the establishment of legal norms in the Code of Criminal Procedure or the laws in the context of political conflict granting legal protection to suspects, accused-convict. Therefore, there should be firmness in the draft Law on Criminal Procedure that the formation of the new Code of Criminal Procedure did not reduce or remove the least the rights of suspects, defendants, and convicts who have been published in the Code of Criminal Procedure, on the contrary the Draft Law on the Law of Criminal Procedure in fact strengthen it with more concrete legal instruments and easy to apply.Keywords: Judge Commisioner, Supervision, InspectionABSTRAKDokumen KUHAP menegaskan bahwa terdakwa-narapidana sebagai “Pencari Keadilan”, maka tersangka-terdakwa-narapidana mendapatkan porsi perhatian dan perlindungan hukum dengan menetapkan bagian hak yang cukup besar. KUHAP dapat dianggap sebagai suatu pengaturan untuk pelaku substansi. Selama ± 30 tahun hak KUHAP yang dimiliki oleh pelaku, terutama selama 10 tahun terakhir, sedikit demi sedikit dikurangi dengan hukum yang mengatur acara pidana dalam perundang-undangan yang tersebar di luar KUHP. Pengaturan ini tidaklah berarti perampasan hak-hak tersangka-terdakwa-narapidana yang sudah ada sebelumnya, tapi pengurangan kualitas dalam penerapan atau pemenuhan hak-hak hukum mereka sedemikian rupa yang pada dasarnya bertentangan dengan filosofi yang mendasari pembentukan norma hukum dalam KUHAP atau hukum dalam konteks konflik politik pemberian perlindungan hukum untuk tersangka-terdakwa-narapidana. Oleh karena itu, harus ada ketegasan dalam draft UU Acara Pidana bahwa pembentukan Kode baru Acara Pidana tidak mengurangi atau menghapus setidaknya hak-hak tersangka, terdakwa, dan narapidana yang telah diterbitkan dalam KUHAP, Sebaliknya, RUU tentang Hukum Acara Pidana, pada kenyataannya, memperkuatnya dengan instrumen hukum yang lebih konkret dan mudah diterapkan.Kata Kunci: Hakim Komisaris; Pengawasan; Pemeriksaan


2016 ◽  
Vol 39 ◽  
pp. 85-105 ◽  
Author(s):  
Justyna Żylińska

Protection of a minor victim under the penal law in cases concerning crime against sexual freedom and morality — a few comments against the background of the amendments introduced by the updated Act dated 13 June, 2013 Amending the Act — The Penal Code and the Act — The Criminal Procedure CodeThe article discusses issues linked with the protection of a minor victim in cases against sexual freedom and morality in the context of amendments introduced by the Act dated 13 June, 2013 Amending the Act — The Penal Code and the Act —The Criminal Procedure Code which took effect on 27 January, 2014 and introduced major amendments into the Criminal Procedure Code including the content of Art. 185a of the Criminal Procedure Code regulating the manner of examination of a minor victim who at the moment of the hearing is under 15 in proceedings concerning crimes referred to therein, among other things in the proceedings against sexual freedom and morality. Subject to analysis, particularly in the context of the aforesaid amendments, are the following issues:— scope of application of the regulations of Art. 185 a of The Criminal Procedure Code,— principle of single time examination of a minor victim in cases concerning crimes against sexual freedom and morality, — authority with a legal entitlement to interview a minor victim and other entities participating in the examination,— strategy for interviewing a minor victim in light of the Regulation of the Minister of Justice dated 18 December 2013 on the Preparation of the Interview Carried out in the Manner Referred to in Art. 185a–185c of the Criminal Procedure Code and the rules for recording the examination.


2020 ◽  
Vol 203 ◽  
pp. 03014
Author(s):  
Thi Mai Dinh ◽  
Ngoc Thang Dinh ◽  
Thi Phuong Quynh Bui ◽  
Anh Duc Nguyen

From 00:00 on January 1, 2018, all environmental criminal acts of commercial entities are prosecuted for criminal liability. In order to investigate criminal liability for corporate legal entities, up to now, Vietnam have Criminal Code 2015, Criminal Procedure Code 2015 and Law on Execution of Criminal Judgment 2019. However, the competences, order and procedures of judgment excution for corporate legal entities that environmental commit crimes are still controversial and has been urgently discussed. The Penal Code 2015 on corporate legal entities has been in effect for nearly 5 years, but in fact up to July 2020, there has not been a commercial entity prosecuted and tried or excuted yet. The difficult problem is the penalties applied to legal entities different in the nature, order, procedures and ways of conducting compared with individual. This paper introducing the new regulations about the criminal liability on corporate entities for environmental crimes in Vietnam Criminal Code 2015 and analyze and point out some challenges, proposes some suggestions in Vietnam execution of criminal judgments.


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