Arguendo

Arguendo is the Core Project in the Lex Coterie Group of Organizations.

Wednesday, 24 June 2015

Legalizing Medicinal Cannabis: Interview with Viki Vaurora, Founder of The Great Legalisation Movement.




Sourya Banerjee, Founder of FSA, catches up with Viki Vaurora, Founder of the The Great Legalisation Movement which is fighting against medical lobbies and common stereotypes to get Ganja (weed/cannabis) legalized for medicinal purpose to treat cancer patients etc. Read a candid take on why medicinal cannabis should be made legal with immediate effect.  





Sourya (S): Tell us something about yourself?

Viki Vaurora (V): I’m a 25 year old guy who is extremely furious at the way the society is being run while constantly desiring and designing for a change in a lot of different things. 

I was an audio engineer who was setting up my High quality recording studio to support the music scene in India through my upcoming record label. I was composing a few albums myself, of different genres (from melodic death metal, progressive rock, tripocratic sound designs, kannada folk) but had to put all of this plan to hold for the past few months and will continue to do so until the day shines where a simple medicinal plant is not prohibited for use in any form! 

So i founded the Great Legalisation Movement - India, to educate the society and the government about how a blind law is causing the suffering of millions of people in our country and also we are at the edge of destroying our entire ecosystem with toxic wastes and industrial products. 

I believe that just this one plant can truly change the way we live in this time. 
Cannabis is the future. Its time to bring back a massive Medical, Economical, Environmental, Industrial and a Spiritual Revolution. All it takes is to change just one Law. 

(S): How long have you been advocating the use of Ganja for Medicinal purposes? 



(V): I’ve been speaking about cannabis (Ganja) ever since those days when i was smoking it, as i understood its true effects and benefits. It’s been 3 or 4 years now of trying to speak to friends and families about the information i found in the internet about the plant. No one wanted to believe a thing i said except those fellow stoners who were always up for intelligent discussions. 
But a lot changed after I cured the first dying patient with High concentrated cannabis oil based on Rick Simpson’s extraction method. The day I got to know her cancer was completely gone was the day I took this fantasy of legalization in India and put it all into action. 
Hence, ‘The Great Legalisation Movement - India’ was founded in November of 2014 and it’s been baby steps since then but it’s growing big and wild now. The movement has made it into most important newspapers across the country already but still no one wants to put up the right kind of articles that can shake the entire system. We are gonna talk to the government soon and we’ll see how they will take it. Either ways, we WANT it to be legalised here in not late than 2016.

It’ll happen. For those who wants the same can either participate in it or sit back and watch it happen. 



(S): Statistically it is said the peanuts have killed more people all over the world as compared to weed. Yet, why is there this uncertainty and contempt towards its use? 


(V): Because the leaders who were responsible for the welfare of the country, bent over to the rules of United Nations and the greedy american corporations. 

Please refer to the NDPS ACT of 1985. Its written right there that 

          “We, the Indian Government, firmly believe whatever misleading information was told to us by the highly corrupt United Nations. The leaders of India now blindly believes in the information that was propagated in the ‘Convention of Psychotropic substances’ in 1961 and 1971, and are completely brainwashed that the NEWLY emerged psychotropic substances are bad to the Government (Not the people, not the societies. No. Its just a big threat to the GOVERNMENT). So We the people in the government, responsible for well over half a billion people, have done no further research to realise these discoveries of united nations but want to simply kiss the great white ass and accept what they tell us to do. So henceforth, we ban and declare the prohibition of use of Cannabis, across the land and seas of indian border, and will arrest, punish and raid your personal space, if you use a plant. Even for your medicinal purposes!!”(sic)



I had a good laugh for a long time when i read in the NDPS ACT that, medical cannabis is also prohibited. Its funny cos the government knew that it was a medicine but had no real guts to stand against corruption and manipulation at an international level. Its a shame that our previous generations was so lost and let this thing happen. But we, the indigo children, are responsible for creating the big changes around the world. So lets delete the taboo and stigma attached over this greatest plant on earth!  



(S): Mythological Epics and even books such as the Veda’s point out towards the use of Bhang since ancient times in India. What changed suddenly?

(V): Threat! 

Cannabis is prohibited for the same reason as why Nikola Tesla’s work was destroyed. There is really not much of any difference in these two cases, subliminally. 

When Tesla discovered alternate modes of energy and wanted to set the humanity free, his work was destroyed and no one ever heard a thing about his true discoveries. What happened after that? So, now we depend on big companies for power, oil and any other forms of energy when we could have rather had free flow of energy into every house, car and electrical applications. It was controlled and turned into a money making business. Thats what it is at the end of the day. Money! The story resonates in the same way in the life of cannabis plant. Until about 19th century, Indian medical system, Ayurveda, used cannabis for what it really is. A medicine. 

         In 1800’s, An Irish doctor named William O'Shaughnessy, working in the British-East-India company in Kolkata, discovered the amazing benefits of this plant, experimented it with variety of diseases on both animals and humans and found great successful results with it. So he decided to take this medicine back to England and wrote more and more research papers about it. So, by late 1800’s, Cannabis was used as a primary medicine to treat and cure if not all, most of the deadly diseases of that century. Now why would anyone want to invest millions of dollar into a pharmaceutical companies and sell you medicines at high costs to make back those investments and also fruit the profit, when you and i can rather grow the same plant in our house and use it cure ourselves and our family, and no user would not fall sick ever? Isn’t that a big loss to them?
They knew, it wouldn’t work that way. So it was big threat to the wannabe medical companies of that time. Thats just the medical face of this plant. This plant was a big threat to all this companies and industries listed below. 
Alcohol, Cigarettes, Lumber, Steel, Oil, Textile, Paper and Church! 


Trillion of dollars of threat for all these big institutions.

*Simply because one won’t use harmful intoxication in the presence of cannabis; 
*Hemp plant fibers are one of the strongest known fibers to mankind and it would simply replace all our furniture, plastic, paper and clothes;

*Hemp seeds can be pressed to make oil., (its estimated that every acre of hemp plantation can produce about 150 litres of clean fuel)

*And most importantly, the compounds in the plant gives you a consciousness boost. You no longer are in the same level of consciousness where you were taught a lot of things and you hold onto many believes. You live on a higher consciousness where you are open to new way of thinking and learning. Your belief system would change! Its a big spiritual thing. 

It gives you the power to think. The rulers of the world can’t get along their way when they have billions of consciousness beings. Its very hard to manipulate anyone who is on higher consciousness. The illusion of reality they create for you is torn away. Once you are activated by the cannabinoids, you don’t need any form of religion to hold on to. One can be more tuned into nature than ever before. 

Hemp was becoming more and more easy to process and it was going to create a massive revolution in the late 1930’s. That's when the American Government CREATED a never before Narcotics agency and banned cannabis and hemp together. They even gave it a new name at that time called as Marijuana and made silly, stupid movies and advertisements like Reefer Madness to drive the american minds away from smoking cannabis using fear tactics. Its hard to believe what humans can do to other humans in the name of greed.  You might deny it up and down but the bitter truth is, they, the rulers of the world, decided to steal this ancient mystical medical and industrial crop from the society and hide everything. They did it for a long long time. All these industries and money makers took a firm hold of their positions while manipulating the entire world into a control system. And then the GAIA gave us the internet. and everything was unleashed again :)


(S): How did you get associated with the Great Legalization Movement? Did it randomly start one day?


(V): I didn’t get associated with the movement. I had a dream. I had a vision that I was carrying around for a few years not knowing where and how to start. So, I never put it into action. 
But when I heard the first time that Leela, the first dying cancer patient I helped with Cannabis oil, got cured of cancer, I couldn’t wait anymore. 
That's when Great Legalisation Movement - India began.


(S): What did your friends and family think about it? How is the movement shaping up now?

(V): Initially, friends and family knew nothing much about it. A few of them warned me that i’d be facing big hurdles ahead. And many of them just laughed at it saying that it would never happen. Meaning, I wouldn’t be the one to work hard all the way towards legalisation. But nothing motivates me more than discouragement! A few of my friends really supported me through this in the beginning. And today, I get mails and calls from people I hadn’t even met before and still they have become the most important group of people in the formation of this movement. 

The greatest thing that my family did for this movement was to not stop me from doing any of this. And even if they tried to, I wouldn’t listen anyway. Because the dream was so big. The reasons for legalisation are crucial for our survival and well being on this planet. Look at the way we live and it’s absolutely disgusting. There are millions of people suffering so bad and do your think a LAW which is forcefully put into place denies them that cure that they deserve? 

This is the reason why GLM-INDIA brought Mr Rick Simpson to India to conduct an open discussion about the medical system and hurdles that we face today. This is our first of many upcoming projects.


(S): Tell us about your tours till now with Rick Simpson. Have Government functionaries been eager to permit “Cannabis Legalization” Seminars and speeches take place in their cities?

(V): I don’t ask our government’s permission to speak up to the people and organise seminars.  Simply because they never asked OUR permission to prohibit the use of nature.  
Viki (left) with Rick Simpson
And more importantly, why should we do any such silly things like asking permission to speak up? Freedom of speech needs to be activated from time to time. :) And it's extremely important for everyone to not carry the school behavior through most of adult life. But speaking of touring with Rick, the first event that happened was in an ayurvedic college in Hassan, Karnataka. It was a small event and we prepared up and drove all the way from Bangalore to find out that these guys had absolutely no idea what is coming at them! But we were very excited to tell the ayurvedic students, doctors and professors in that university that cannabis or bhang as they learn it in ayurveda is one of the greatest medicinal plants known to man and its soon gonna change the face of ayurvedic medicine in an unimaginable way. Because, it can cure Cancer, HIV, Muscular disorders, Neuro Disorders, Mental Disorders and most importantly it acts as an antibiotic which the ayurvedic system lacked all these years. The addition of this plant will soon make it the conventional natural medicine that everyone can take it without any harm to the body.  They seemed to learn something out of that small event and we are glad to have seeded them with this information. What matters is how curious they can get from now on? And then we came back and held the first major event in Bangalore on May 10th, where we had a great discussion with doctors, journalists, entrepreneurs, patients etc. The event was a great success. I opened up the history of the plant and Rick spoke about facts of modern medical science. Rick was mainly speaking about the alternate way to this current medical system which he believes is the biggest genocide that everyone is failing to notice. They, the corporations and governments, are literally poisoning us through our food and industrial products and offering a solution as cure to those illnesses and loading us with more toxic-synthetic-drugs which messes up with our entire bodies and minds. We had a great successful event in Bangalore and we tried to do the same in different cities. But unfortunately, our Mumbai event was shut down for various real reasons unknown to us but the venue that we had booked in Bombay, Jai Hind college, told us that lot of NGO’s and organisations forced them to cancel the event cos we are promoting a bad drug! Malaacas! But, these idiots from NGO’s who puts up stalls saying ‘Say No to Drugs’ are so misled that they think they are trying to help the society by stopping an educational conference which was supposed to help hundreds of people with profound knowledge on an ancient plant though which we could have changed the laws and help millions of suffering people in our own country and around the world. The bloodshed is on their hands now. Again, a classic example of how some people are ready to do any kind of damage to the society just because they can pocket some money off it. Put ignorance and greed into place and this is what we get. The ultimate truth that everyone should soon realise is that Legalising Medicinal Ganja and Cannabis Hemp for industrial applications will change the entire way we live and sustain.
As I have always said, 

 Its a 

“Trillion dollar Crop,

Billions of lives changed, 
Millions of jobs created, 
Thousands of applications, 
Hundreds of diseases to cure..
Just One plant. 


Let’s legalise it!”

(S): Would you advocate Cannabis for recreational purposes? 

(V): I don’t like that term. ‘Recreational use’ of Cannabis. Everything has a purpose in life. Recreational use is not one of the purposes of cannabis. Definitely not on a long term use. I encourage anyone to use it at the right settings of life but will never guarantee a recreation. What is indeed guaranteed is a mind altering experience. It depends on how they take it from there on. Some strains just does a wonderful job at making you laugh, but not every strain of cannabis can deliver that to you. With cannabis, the biggest thing that most of the users fail to see is, their casual smoking of the herb has got more to do with relaxation than recreational. When the mind and body is truly relaxed, one can find wonders in life again. Hence some of them become creative. Some of the times, they have access to new perspectives because they are no more controlling their thought pattern and let the thought evolve to newer ideas. And most importantly, some of them just have a good laugh at different situations of life. Being relaxed can cause all these things. So when a person is using cannabis on a regular basis, its not Recreational use., but its more of Anti-Stress use. Stress is the leading cause of most of the diseases known to man. Stress can have direct impact on the way our bodies functions. So when there is no stress, there can be no disease. So if you clearly understand what I just said, you would probably get that smoking cannabis has more to do with its medical use than the highly overrated ‘recreational use’Naming these kind of effects as recreational just sends a wrong message to the user anyway. Inhaling helium is recreational. but inhaling Cannabinoids is purely medicinal and spiritual. 

(S): How is that in recent times, many top scientists believe that cannabis is the greatest medicinal plant known to man?

(V): Simply because now we know that Cannabinoid in the cannabis plants can mimic as an Anandamide (derived from the Sanskrit word Ananda Maya) which is produced in our brain. 
The science behind this is simple.  These Anandamides gets produced in our brain which triggers all the Anandamide receptors and activates the Endocannabinoid System. And the function of this system is to make sure our bodies internal functions are always in check and is in balance. 
So if our body is not functioning properly it means that the ECS is not getting triggered, because we are not producing enough Anandamide in our brain (Anandamaya). So if we are not happy in your mind (no yoga, no exercise, no nature, no sex, no freedom from over-thinking etc..) then we are stressed out which means we are letting the body’s internal balance to fluctuate which means we are now gonna be diseased. What this really tells us is that, when we smoke cannabis(ganja), or even better, take the cannabis oil, we are taking these cannabinoids into our body, which acts as these anandamides and triggers our endocannabinoid system which gets activated and which in turn checks our body’s functions and enzymes levels and immunity to be in complete order. Hence, by regular intake of cannabinoids in your body, we can remain disease free. But if we already have a disease, it can be cured by giving our body the most important dietary supplement for it to function properly again. 


And this is the reason why people are curing themselves from Cancer, 

*getting their immunity back when they have HIV, 

*curing themselves from chronic pain and illnesses,
* curing themselves from diabetes cos the insulin levels are checked again and their pancreas is fully rejuvenated, 
*curing oneself from overweight cos now their ECS is checking for all the unwanted fats that are stored and removing them, and basically anything else. 



Hundreds of thousands of people are getting activated by this concentrated cannabinoids and healing themselves or their loved ones from deadly diseases, naturally and safely. Why do we have to let our loved ones suffer here because america wants our governments to put a law in place while they firmly established their allopathic medicinal position in the society. This to me is ridiculous on a next level. 

IF the SOMAS that our Vedic scriptures talked about is true, I don’t seem to find a reason why this cannot be one. It really heals your mind, body and the soul! 

(S): Legally speaking, what according to you is the next step forward? IS GLM - India going to be limited to conferences and awareness campaigns or does it intend to petition the Government and Policy makers.

(V): No, we are not just limited to educating people and waiting for someone else to realise and take that step for legalisation.We are filing a petition soon. We are going to talk to the Government's, doctors, students, farmers and to the public across the country. We are already in the process of doing it. We want it to be legalised in 2016 and will use the best of what we got to make it happen. Soon India will rise in the day where an ancient, sacred and a medicinal plant is not looked down at. 
Viki speaking at GLM Seminar in Bangalore
And if it happens the rite way, 

*We would be using all sorts of new products made out of hemp
*We won’t no longer have to cut down trees and forests for paper and furniture. It takes trees upto 40 years to mature. But with every acre of hemp, we can make 4 times the products of what we can make with every acre of trees in just 4 months. 
*We don’t have to rely on cotton as our primary textile application which requires almost 5 times more water than what hemp would drink and also it need no pesticides. so, imagine the toxicity of soil and underground water that we can save from this. 
*We will be growing fuel rather than using up all the non-renewable forms of energies from earth. 
*We will be adding the most important dietary supplement into our food. 
*The doctors will be able to cure many diseases that they are just trying to control. 
*The patients and their families will no longer have to suffer. 
*Societies will start evolving rather than the great devolution that we are experiencing since the last few decades. 
*Cities will be less cramped up as growing hemp will be the next big thing and we can soon experience hundreds of eco micro cities on the country sides…

*The economy will have a huge boost as we will become more sustainable in all products we consume.

*India has so much of land and so much of right settings to become one of the largest exporters of hemp to the world. 
*Ayurvedic system will be the future. 
*Cleaner recyclable industrial products will take over the conventional plastic, steel and concrete which takes so much of energy to make and destroys our environments
*Houses will become a lot cheaper to construct
*Hemp roads ensures strong hard roads which is easy and cheap to make.
*with millions of acres of hemp growing in this land, we will be having a direct effect on reversing the carbon emission, cleaner air and more oxygen rich environment. 
India can once again experience the true freedom! Something that was stolen away from us almost 30 years ago. A real change is just around the corner.. walk on! 
Be a part of the great movement to legalise ONE PLANT! 




(#GLM, #GLM_INDIA)


Monday, 22 June 2015

CALL FOR PAPERS : INTERNATIONAL JOURNAL OF ADVANCE CONTEMPORARY RESEARCH (ISSN: 2394-9503)



International Journal of Advance Contemporary Research ( ISSN 2394-9503 Online Journal ) is now accepting submissions for its upcoming Third issue . Papers may be submitted under the following categories:


Theme : Women Rights , Human Rights , Child Rights , Environmental Law, Constitutional law , Business and Human Rights , Human Trafficking , Bride Trafficking, Legal Research, or any other Contemporary issue etc.


Long Articles: Between 4000 to 8000 words, inclusive of footnotes. Papers in this category are expected to engage with the theme comprehensively, examine literature comprehensively, and offer an innovative reassessment of the current understanding of that theme. It is advisable, though not necessary, to choose a theme that is of contemporary importance. Purely theoretical pieces are also welcomed.

Essays: Between 3000 and 5000 words, inclusive of footnotes. Essays are far more concise in scope. These papers usually deal with a very specific issue, and argue that the issue must be conceptualized differently. They are more engaging, and make a more easily identifiable, concrete argument.


Case Notes: Between 1500 and 2500 words, inclusive of footnotes. This is an analysis of any contemporary judicial pronouncement, whether in India or elsewhere. It must identify and examine the line of cases in which the decision in question came about, and comment on implications for the evolution of that branch of law.


SUBMISSION GUIDELINES


Submissions are preferred in the font style ‘Garamond‘, font size 12, spacing of 1.5 unit. The title of the paper should be in font size 16 and bold. The name of name of the author(s) should be in font size 16 and italic. All the footnotes should be in the font style ‘Garamond‘ and font size 10. All submissions must be word processed, and compatible with Microsoft Word 2007. Submissions must conform to the Bluebook (19th edn.) system of citation. No hard copies of submission are accepted.


HOW TO SUBMIT


Please submit the paper to: ijacrsubmissions@gmail.com indicating which category your paper is intended for. All submissions should contain the name of the author, professional information, the title of the manuscript, and contact information. Submissions may be emailed with the subject heading ‘IJACR – Submissions Issue 3’.


IMPORTANT DATES


The last date for submissions of papers is 15 July, 2015 .


Cost : 1000 INR For Single Author Article


1500 INR For Co-Authored Article


Cost to be payed by author only after selection of article for Publication by our editorial team.


Website: http://ijacr.co.in/


Download volume two free: https://ijacr.wordpress.com/volume-2/


Editors


Ms.Gina Plata (JD) US Attorney and Legal Consultant at LLC, Laos;


Mr. Jafer Samdani Senior Associate Lawyer Mediation & International Arbitration KLF (The Legal Center), Kuwait;

Mr. Jagmohan Bajaj , (Special envoy in Ministry of Education Science and Technology, Republic of Kosovo);

Ms. Maryam Kalhor (LL.M Andhra University) Consultant and Legal Practitioner, Republic of Iran;

Sandip Bhosale Legal Consultant at LLC, Vientiane;

Tuesday, 16 June 2015

Legal Scope: Criminal Law (Amendment) Act, 2013 & Its Impact On CrPC


Introduction
Three long, tiring years have passed, fighting for justice, screaming out slogans for women empowerment and giving consolation and comfort to the tattered position of females in India.
 The above discussion is about nothing but the incident which shook the roots of Indian morality and forced the Indian judiciary to change the existing rules-The Delhi Gang Rape Case. The above mentioned change in the law refers ultimately to the much hyped Criminal Law (Amendment) Act, 2013. It has had its impact on all the criminal laws-namely – Indian Penal Code[1], Indian Evidence Act[2], and The Code of Criminal Procedure[3], but what we are here to discuss is its impact on CrPC.

The CrPC, 1973 is an act to consolidate and amend the law relating to criminal procedure.[4]It is the main legislation on procedure for administration of substantive criminal law in India.[5] It was enacted in 1973 and came into force on 1st April, 1974.[6]
Altogether, there are 484 sections[7] which provide the machinery for investigation of crime, apprehension of suspected criminals,and procedure for collection of evidence i.e. search seizure, determination of guilt or innocence of accused person, procedure of trial etc. It also deals with maintenance of wife, child and parents (S.125 CrPC).[8]


Historical Approach: A Brief of All the Amendments
The first Law Commission presented its Report on the Reform of Judicial Administration in 1958[9] but it was not concerned with detailed scrutiny of provisions of CrPC. It, however, did make some recommendations as to the law of criminal procedure. The convention of amendments on finding any discrepancy or any variation in the code started soon thereafter the result is a long list of amendments. Out of this never ending list the importance of Amendment Act of 1990[10] is worth mentioning as it inserted a new section[11] which enables investigating authorities and criminal courts to issue letter of request to foreign countries in order to collect evidence and transmit the same.Many other amendments have been felt to be essential like the Criminal Procedure (Amendment) Act, 2005 which introduces a new section[12]and also gives the definition of indigent. These provisions enable a speedier bail to be granted to a person who is not capable of arranging a bond and has right of bail. It inserted a section[13] which provides procedure for medical examination of rape victims. The much wanted definition of “victim” was inserted by an Amendment in 2009[14]while; it was the same Amendment which introduced in Chapter III of the Code that if any offence relating to women has been committed, then court shall be presided over by a woman.[15]
List of amendments[16]
1.     Code of Criminal Procedure (Amendment) Act, 1978 (45 of 1978)
2.     Code of Criminal Procedure (Amendment) Act, 1980 (63 of 1980)
3.     Criminal Law (Amendment) Act, 1983 (43 of 1983)
5.     Code of Criminal Procedure (Amendment) Act, 1988 (32 of 1988)
6.     Code of Criminal Procedure (Amendment) Act, 1990 (10 of 1990)
7.     Code of Criminal Procedure (Amendment) Act, 1991 (43 of 1991)
8.     Code of Criminal Procedure (Amendment) Act, 1993 (40 of 101,3)
9.     Criminal Law (Amendment) Act, 1993 (42 of 1993)
10. Code of Criminal Procedure (Amendment) Act, 2001 (50 of 2001)
11. Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005)
12. Criminal Law (Amendment) Act, 2005 (2 of 2006)
13. Code of Criminal Procedure (Amendment) Amending Act, 2006 (25 of 2006)
14. Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009)
15. Code of Criminal Procedure (Amendment) Act, 2010 (41 of 2010)
16. Code of Criminal Law (Amendment) Act, 2013

Criminal Law (Amendment) Act, 2013[17] – What the Law Says
The opening lines of the Act states that its purpose is to amend the IPC, CrPC, Indian Evidence Act and protection of children from sexual offences act.[18] Amongst all these acts and codes, we pick CrPC as our point of focus for study.
The Act was introduced as a bill in the LokSabha on 4thDecember 2012[19] to provide for a stringent and draconian punishment for crimes and misdemeanor against women. The increasing monstrosity and abuse against women was creating a disgrace to the society. After the horrendous incident of gang rape which occurred on 16thDecember 2012 ,a committee , headed by Justice J.S.Verma[20] was set up to make recommendations on amending the various laws to provide for speedy justice and enhanced punishment for such offenders in cases of sexual assault of extreme nature. The report was submitted on 23rd January 2013.[21]
The immediate need was felt to bring revised laws into effect as the rate of growing incidents which the country to ignominy and ill – repute and tarnished and tainted the morality of India was picking up speed.In view of this urgency the act was promulgated on 3rd February 2013.[22]


The introduction of this amendment brought many changes in the CrPC which are as enlisted herein under:
  1. As the amendment had it effect in IPC and made out new offences of voyeurism and stalking from Ss.367A to 367E, so for the clarity of the same the related provisions in CrPC[23] were made to include separately the sections, as it did not previously have S.376E IPC. It says “section 376A, 376B, 376C, 376D and 376E” and also 376 as it previously stated i.e. along with S.376, it now includes other new sections.
2.      The provisions for identification of person arrested when the person who is identifying the same is mentally or physically disabled has been amended. The provision inserted says that such process of identification shall take place under the supervision of Judicial Magistrate and also that the comfort of such person shall be kept in mind. It is also inserted by the amendment that such identification shall be video graphed.[24]
  1.  Amendments were introduced in case of providing information in cognizable case. If any such information is given by a woman against whom crime of the nature of sexual offence is committed then the information will be recorded by a woman police officer or a woman officer and that if such person is temporarily or permanently, mentally or physically disabled then information will be recorded by police officer in residence of such person or at convenient place with the help of interpreter or educator.[25] Such information shall be video graphed and statement shall be recorded by Judicial Magistrate under clause (a) of sub-section 5-A of S. 164 CrPC.
  2. Another effect of amendment is the substitution of words “under fifteen years of age or above age of sixty-five years or woman or mentally or physically disabled” for the words” under age of fifteen years or woman”.[26] The amendment incorporates senior citizens and mentally or physically disabled person to be given the privilege that they do not have to attend the police station if they are witness. Police may examine them at their residence.
  3. The examination of victim of any sexual offence after the amendment can be recorded only by a woman police officer or woman officer.[27]
  4. Amendment provides that the statement by any victim of sexual offence shall be recorded by Judicial Magistrate and if such person is physically or mentally disabled, help of educator or interpreter shall be taken. Such statement shall also be video graphed.[28] In the above mentioned case of disabled person, the statement recorded shall be considered to be a statement in lieu of examination in chief and there is no need to record the same at time of trial.
  5. The amendment says that no sanction shall be required in case of offences of disobedience of public servant i.e. Ss.166A and 166B or any sexual offence.[29]
  6. A new section was inserted by the amendment[30] and it says that the cognizance shall not be taken of the offence punishable under S.376-B IPC i.e. in marital rape unless the satisfaction should be that the complaint is made by wife against the husband.
  7. Provision has been added that if any woman below the age of 18 years is alleged to be subjected to rape or sexual offence then court may take appropriate measures to ensure that she is not confronted by accused and that the right of cross examination of accused is also safeguarded.[31] This solves a two-fold purpose; one in the interest of victim and other in the interest of accused i.e. it is based on the principles of natural justice, audi alteram partem.
  8. The words “held as expeditiously as possible and in particular when the examination of witness has once begun” have been removed and in its place the words “continued from day to day” have been put.[32] This makes the provision state that the notion of trial must be rather to bring more accurate result than just finishing off the whole thing to merely get an expeditious result. Yet the basic essence of speedy trial has not been lost as the proviso added talks about the minimum time of two months from the date of filing charge sheet which is given to complete inquiry or trial in cases of sexual offences.
  9. A new Section was inserted[33]which says that the compensation payable by State Government under S.357-A CrPC shall be in addition to payment of fine to victim under S.326-A or S. 376-D of IPC.
12.  Amendment provides that all hospitals whether Public or Private run by Central or State Government or Local Bodies shall provide first aid to victims of S.326A or Ss.376 , 376 -A to376- E, IPC , free of cost and inform to the police of such incident.[34]

Amendment of First Schedule[35]
The first schedule of CrPC has classified all the acts punishable under IPC, 1860 into cognizable and non-cognizable offences as well as bailable and non bailable offences. It also mentions by what court the offence is triable. The Code itself does not give any reasoning as to such classification.
It was seen that the existing classification of offences was becoming a major cause for the high incidents of arbitrary and unnecessary arrest in the country and in yet other cases the accused used to roam free due to loose laws in the country. The scheme of classification was found out to be out-dated and redundant. These loopholes called out for a serious change insuch classification which saw many amendments in First Schedule, major portion of which was in women related offences.The amendments are worth noting and are listed below:
  1. Section 166-A and 166-B of IPC have been inserted by Criminal Law (Amendment) Act. The former has been made cognizable, bailable and latter is non-cognizable and bailable. Both are triable by magistrate of first class. These refer to offences by public servant and their disobedience.
  2. After Section 326, IPC , two new sections, Section 326A and 326 B have been added, they both have been made cognizable and non bailable and can be tried by Court Of Session. These sections refer to acid attack.
  3. Section 354 IPC has been made non-bailable, but no notification has been made of it becoming non-bailable, thus, as for now it is bailable. Rest of the sections,[36] are bailable, however S.354-B IPC is non bailable and second conviction in Ss. 354-C and 354-B IPC is non bailable.
  4. The offences under a bulk of Sections[37]are made non billable while only S.376- B IPC is left bailable.

Notification is the most important part of any amendment. As for S.354, any notification has not yet been passed, so, it is still bailable. Let us examine other section; S. 324.This was made bailable[38], but a subsequent notification dated 21st June 2006, in gazette declared that this Section of IPC is not non bailable offence[39], hence for now, it is still bailable.

Reforms suggested by Malimath Committee
It is not that the idea of amendment has never come up before, but given by present legal scenario and condition of our judicial system, it becomes all the more relevant to ask the question: is there anything more that has to be done to make it a perfect code? There still are many minor offences against property which are bailable like theft and related offences;while offences like causing simple hurt are bailable. The major portion of the backlog of cases in courts consists of regulatory offences such as dishonor of cheques, traffic violation etc.[40]
The Malimath Committee suggested that the offences to be classified into the following categories:
  • Social Welfare Code
  • Correctional Code
  • Criminal Code
  • Economic and Other Offences Code[41]
This would, as per the committee maintain the proportion of fines and punishment.

Concluding Remarks and Suggestions
The main question is that how far is it possible to abide by the above suggestions by Malimath Committee? Whenever a new amendment is introduced there is a great hullaballoo in the country. From street marches to making a documentary like “India’s Daughter” and enduring the subsequent remarks of critics, Indian law has gone through, is still going through and maybe will continue to go through a series of changes in law related to crimes. This is because, what we need to really do is not only to make amendment in pen and paper but amend the minds and mentality of people which is the seat of crime as on one hand there are protectors of laws suited in black and white with a list of amendments and yet newer ones in line but on the other hand there are hard-core criminals like Mukesh Singh who will never be guilty of their offences and say till the end, “Taali Ek Haath Se Nahin Bajti".[42]
 I strongly feel that the seat of crime should be negated and this can be done by good education, inculcating moral and value education and curbing the immoral seeds which is now-a-days increasingly growing at a fast pace in the younger generation. All this can be done by giving moral values and all the more at the judicial level, I think that , keeping in mind the increasing monstrosity of present generation, it would be better  rather not to follow the age old rule of “acquit hundreds of guilty than to convict one innocent”. I strongly feel that when even one guilty person is acquitted by the court, on the presumption of lack of evidence or say, on plea on grounds of being juvenile, he thinks himself to be free to commit more and more crime and he goes on polluting the whole of the society. So, the court must be cautious in giving judgement in serious offences.


About the Author:





Sanya Darakhshan Kishwar is a third year BSc.LLB. student from Central University of South Bihar, Gaya. She is currently interning at For the Sake of Argument.She is passionate about books and loves to read case laws in her free time.









[1] 45 of 1860
[2] 1 of 1872
[3] 2 of 1974
[4]The Code of Criminal Procedure,1973 , available at http://www.delhidistrictcourts.nic.in/CrPC.htm , last seen on 31/03/2015
[5]DiptiKhatri,Criminal Procedure In India ,Academike :Lawctopus' Law Journal ,2015(ISSN: 2349-9796) available at http://www.lawctopus.com/academike/criminal-procedure-india/ , last seen on 31/03/2015
[6]The Code of Criminal Procedure,1973,available at http://lawyerslaw.org/the-code-of-criminal-procedure-1973/ , last seen on 31/03/2015
[7]The Code of Criminal Procedure,1973, available at www.vakilno1.com/bareacts/crpc/criminal-procedure-code-1973.htm , last seen on 30/03/2015
[8]The Code of Criminal Procedure,1973 ,available at http://en.wikipedia.org/wiki/Code_of_Criminal_Procedure,_1973 , last seen on 30/03/2015
[9]First Law Commission, available at http://www.lawcommissionofindia.nic.in/main.htm , last seen on 31/03/2015

[10]The Criminal Law Amendment Act, 1990,available at http://www.vakilno1.com/bareacts/laws/the-criminal-law-amendment-act-1990.html, last seen on 31/03/2015

[11] S.166A,The Code of Criminal Procedure,1973
[12] S.436A,The Code of Criminal Procedure,1973
[13] 164A,The Code of Criminal Procedure,1973
[14]The Criminal Procedure Code(Amendment)Act,2009, available at http://www.parliament.gov.sb/files/legislation/Acts/Criminal%20Procedure%20Code%20%28Amendment%29%20Act%202009.pdf, last seen on 31/03/2015
[15] S.26,The Code of Criminal Procedure,1973
[16]Code of Criminal Procedure-Amendments, available at http://en.wikipedia.org/wiki/Codes_of_Criminal_Procedure_-_Amendments ,last seen on 30/03/2015
[17]The Criminal Law (Amendment) Act, 2013 No, 13 of 2013,available athttp://www.advocatekhoj.com/library/bareacts/criminallawamendment/index.php?Title=Criminal%20Law%20%28Amendment%29%20Act,%202013 , last seen on 31/03/2015
[18]ibid
[19]All about the Criminal Law Bill, available at http://www.prsindia.org/pages/155/ , last seen on 31/03/2015
[20] ibid
[21] ibid
[22]ibid
[23]Ss. 26 ,173 &327,The Code of Criminal Procedure,1973
[24] S. 54-A, The Code of Criminal Procedure,1973
[25] S.154, The Code of Criminal Procedure,1973
[26] S.160, The Code of Criminal Procedure,1973
[27] S. 161, The Code of Criminal Procedure,1973
[28]S. 164, The Code of Criminal Procedure,1973
[29] S. 197, The Code of Criminal Procedure,1973
[30] Section 198-B, The Code of Criminal Procedure,1973
[31] Section 273, The Code of Criminal Procedure,1973

[32]S. 309, The Code of Criminal Procedure,1973
[33] S. 357-B, The Code of Criminal Procedure,1973
[34] S.357-C, The Code of Criminal Procedure,1973
[35] See S.24, Criminal Law (Amendment)Act,2013
[36]Ss. 354-A, 354-C , 354-D, The Indian Penal Code,1860
[37] Ss.370 and 370-A, 376, 376, 376-A, 376-C, 376-D, 376-E, The Indian Penal Code,1860
[38] See Section 42 (f) (iii) of Criminal Procedure (Amendment) Act 2005 (25 of 2005)
[39]Y.SrinivasaRao ,Whether Section 324 Of IPC Is Bailable Or Non-Bailable ,available at https://articlesonlaw.wordpress.com/2013/01/13/remand-should-not-be-made-mechanically/ , last seen on 28/03/2015.
[41] ibid
[42]AnahitaMukherji,Activists critical of Nirbhaya documentary's approach to rape, available at http://timesofindia.indiatimes.com/city/mumbai/Activists-critical-of-Nirbhaya-documentarys-approach-to-rape/articleshow/46602770.cms ,last seen on 28/03/2015