Statistical Analysis on Dowry Cases in India

It has been seen from the last decade that the misuse of un-exempted provisions of dowry law been increasing and in result the other party is facing the world with great loss. A long delayed case of dowry has been pending in district courts just due to clashes of hard provisions of law and lack of evidences. Even just after the complaint a woman can claim and complaint of other additional things as a right of wife like maintenance which leads to makeable financial burden on man irrespective of his financial and social position. Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally, the husband, his parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. The NCRB’s ‘Crime in India’ report categorizes crimes various heads of the IPC. If one looks at the respective conviction rates of all the categories, cases registered under Sec 498-A (Cruelty by Husband & Relatives) have one of the lowest conviction rates. In 9 out of these 10 years, the conviction rate of Sec 498-A cases was in the bottom three. This study concentrates on the effects of misuse of dowry law on man which has always been neglected. In India the trial courts are just filling their duty by giving dates of hearing and due to this delay the husband and his family members are paying which deteriorates their life without any fault. This research aims to count the loss of man and his family on monitory and social term specially the cases pending long before the trial courts.

So Close Yet So Far: Perspectives on the South African Police Service’s Response to Murder Cases in the Wallacedene Policing Area

The aim of this study was to determine views of the South African Police Service’s (SAPS) response to murder cases in the Wallacedene policing area; the contributing factors that lead to the failure of the police to prosecute offenders; the effectiveness of strategies to reduce murder-related incidents in the study area; the contributing factors to murder in the Wallacedene policing area; and to make recommendations to improve the conviction rate. Twenty-five participants were selected for this study. A qualitative approach was used, with semi-structured interviews as the data-collection tool. The findings highlighted that there is a lack of partnership between SAPS detectives and the community. The contributing factors for the police to fail prosecuting offenders. Reasons for the current problem include inexperienced detectives and lack of resources. In order to increase the performance of the detectives and the first responders to the scene, the research explored the challenges encountered by the SAPS detectives and makes suggestions and recommendations to increase their efficiency.

Medico-legal evidence collection in child sexual assault cases: a forensic significance

Background Every year, millions of children face sexual exploitation worldwide. In India, 109 children (National Crime Records Bureau2018) were sexually abused everyday (22% jump from the previous year). Even with advanced DNA techniques, the conviction rate remains low. The methods used for forensic DNA evidence analysis vary around the world, but the primary step of biological evidence collection plays the most vital role. Proper and timely evidence collection from the victim by a trained medical professional is important. Main body Dynamics of child sexual assault being massively different from an adult rape demands altogether different approach of evidence collection. A standard sexual kit employed for evidence collection needs urgent modifications considering genital development of pre- and post-pubertal victims. In the present study, parameters including systemic collection and evaluation of forensic evidences, medico-legal examination, and developmental consequences of sexual assault on pre-pubertal victims were assessed. Further suggestions for separate evidence collection kit during medico-legal examination were given for pre-pubertal victims and alleged accused in sexual assault cases in order to streamline and for better evaluation of DNA analysis in forensic laboratories. Conclusion The importance of expert medical practitioners plays a significant role in collection of appropriate information and evidences from the victim of sexual assault. General guidelines for evidence collection in sexual assault cases are not well suited for pre-pubertal victims. Appropriate reforms pertaining to the age and genital development of victims are required. Securing clothing as forensic evidence is essential in most cases as it turned out to be the exclusive evidence bearing material. The purpose of this article is to bring awareness about the thorough medical examination and modified sexual assault kit for pre-pubertal victims and alleged accused for a better approach in evidence collection and conviction rate.

Reviewing the Indonesian Anticorruption Court: A Cost-Effective Analysis

As part of anticorruption reform, the Indonesian Anticorruption Court Law 2009 mandated the establishment of 514 anti-corruption courts in every city. The Indonesian Supreme Court, however, could only establish 34 courts. Three factors that explain this delay: (1) a lack of budget to fund the court; (2) the limited number of people with the integrity and capacity to serve as ad hoc judges; and (3) distrust from citizens regarding the conviction rate and corruption that occurred within the anticorruption court. Some activist and legal scholars proposed either to evaluate or even abolish the anticorruption court. This article contributes in evaluating the newly created court. There are two indicators, cost per case and collection of monetary penalty that could serve as the basis of cost-effectiveness analysis of the Indonesian Anticorruption Court. As a preliminary review, the prosecution of the crime of corruption is cost-effective if the cases had been prosecuted by the Anticorruption Agency (KPK). Alternative policies based on cost-effectiveness are proposed to improve the performance of the anticorruption court without sacrificing resources.

DILEMMAS OF SCIENCE AND THE CRIMINAL LAW: A SOUTH AFRICAN PERSPECTIVE

In light of the 85.9% conviction rate reported by the National Prosecuting Authority for the year 2007/2008, one would expect crime in South Africa to be comparatively under control. However, with only 11% of all reported cases of murder resulting in convictions in this country, it becomes clear that crime is still a very real threat to the Constitutional freedom of its citizens. This article explores the problems encountered in the harvesting, processing and presentation of expert scientific evidence in our criminal courts. The court ruling in S v Van der Vyver 2008 JOL 21332 C is analysed and presents an interesting example of the erroneous use of science in the criminal justice system. A comparative study is undertaken to illustrate further the extent of the problems inherent in the use of science within the criminal justice system and probe possible solutions. The use of scientific evidence in the jurisdictions of England/Wales and the United States of America are used as a focus for the comparative studies.

Frontier Crimes Regulation (FCR): From Introduction to Abolition

When the British arrived at the North-West Frontier, it adopted several special measures to crush the resistance from Pashtun tribes and safeguard colonial interests. One of these special measures was the introduction of FCR, which was introduced to increase the conviction rate in criminal cases without the requirements of due process of law. This paper tries to present a detailed account of FCR from its introduction to its abolition. It highlights the circumstances which led to the introduction of FCR. It further explains how the British revised the FCR from time to time to expand its scope to make it better serve imperial interests. Its review by various commissions/committees and higher judiciary observations about it are also discussed in this paper. This paper is based on both primary sources like archival material and personal interviews as well as secondary sources.

Measuring Innocence

What is the rate of wrongful conviction? This question may be implicit in Blackstone’s ratio: “It is better that ten guilty persons escape than that one innocent suffer.” Scholarship designed to provide an empirical answer, however, emerged only with the rise of the “innocence movement” in the United States. This article does not provide another study estimating the rate of wrongful felony conviction either for a specified sample, such as death sentences within a specified time period, or for an entire jurisdiction. Instead, we evaluate the rate question itself and assess its importance to innocence scholarship and action. We first trace the question’s intellectual lineage, and its historical and ideological roots among innocence believers and innocence skeptics. We then describe and evaluate all or most of the published studies attempting to estimate the wrongful conviction rate. Next, we discuss a reoccurring limitation of this published work, namely, its failure to account for or its unsubstantiated assumptions about guilty pleas and misdemeanor convictions among innocent defendants. Finally, we question the continued importance of the rate question in light of the modern innocence movement and its growing accomplishments.

LEGISLATIVE AND JUDICIAL RESPONSES TO CYBER STALKING AGAINST WOMEN: AN INDIAN PERSPECTIVE

Cyber Crime is the dark side of digital technology. Cyber Stalking is one of the cybercrimes against Individual which has been continuously growing in Digital era. The Cases of cyberstalking or bullying of women or children increased by 36% from 542 in 2017 to 739 in 2018, data released recently by the NCRB showed. Meanwhile, the conviction rate for cyberstalking or bullying of women and children fell 15% points, to 25% in 2018 from 40% in 2017.2Despite Information Technology Act 2000 and other legislations Cyberstalking crime is on the rise in India. Despite these prevailing situations, the Indian judiciary is still a ray of hope. To curbing this digital crime we need to throw light on present Cyber Stalking crime’s situations and do amendments in current prevailing cyber legislations in India. Through this paper, the researcher will try to study Cyber Stalking against women in India. This paper is an attempt to analyze the Indian legislation, Cyber Legislation for Cyber Stalking, and the Judiciary's approach relating to the rights of women in cyberspace upholding Gender Justice.