might be a cultural crime or a cultural lifestyle
generic among non- Caucasian Societies that understand ladies as bearers of
their own circle of relatives honor. Indian cultures are very deep-rooted. Many
youths in India is completed to death every year due to Honour Killing
it's due to the fact so-known as honor killings are supported the assumption,
deeply rooted in Indian cultures, which consider the ladies as objects and
commodities, and now no longer as human beings at large endowed with dignity and
rights. Most honor killings arise in nations like India in which the concept of
ladies is taken into account as a vessel of the own circle of relative’s
This paper is an endeavor to increase the conceptual
framework for know how the hidden manner behind the honor killing specializing
in the patriarchy and caste - gender family members proven via this manner. A
Marathi film Sairat became launched in 2016 at some stage in which a younger
couple was brutally killed for his or her inter-caste marriage inside the call
of own circle of relative’s pleasure and socially it had been justified inside
the call of honor killing.
This film triggers a discourse in society. Haryana state is known for its Khap
panchayats and honor killing however after a few searches, it truly became
observed that it's now no longer most effective in India and in Hindus however
it's in different countries, in which Hindus and south Asian Muslim are an
element of the society, honor killing is in practice. This paper is an endeavor
to are looking for the solutions to a few questions like, what honor killing is
all approximately? what's its conventional base? Who, how, when, whom, and why
the killing? Is it a primary or very last expression of aggression? And to look
out the records approximately honor killing? Briefly, this paper is set the
In Sairat, there was a boy named Prashant
kale who belonged to the lower caste and his father was a fisherman.
He was a good student and was doing good in school and he was a captain of a
local cricket team. In his college, there was a girl named Archana Aarchi
Patil and she was the daughter of a local politician and belonged to a higher
caste. As they studied in the same college, they fell in love with each other
and use to spend time with each other. Aarchi’s younger brother Prince also
studied in the same college and during his birthday celebration which was
happening at Aarchi’s house Prashya and Aarchi were caught by Aarchi’s family
and were beaten by her father and brothers.
Prashya and Aarchi after realizing that they don’t have any other choice
except running they both try to elope but they were caught by the police and
were taken into custody. Aarchi’s father forced police by using his political
power to file a complaint against Prashya and his friends accusing them of
raping his daughter Aarchi but Aarchi saved them by destroying the complaint and
insisted that Prahsya and his friends should be released soon and Shortly
afterward, Tatya's goons beat Parshya and his kin. Archi steals a gun from them,
threatening to fire unless Parshya and his friends are released.
Aarchi and Prashya escaped from there by hopping into a train and eloped from
the confines of their small town to Hyderabad where they were breaking and they
did not have any place to stay and they slept in Railway Station and they were
harassed by some local goons and one of them even tried to rape Aarchi.
A woman from local slum saved Aarchi and Prashya from those goons and offered
them shelter to live and she also helped Prashya in finding a job. Prashya
started working in dosa stall and Aarchi learned Telegu but living in a slum is
very unpleasant this created some arguments and misunderstandings between Aarchi
and Prashya and result of this Aarchi wanted to return to her home but Prahsya
convinced by attempting Suicide and then Aarchi changed her mind and they both
get married in the registrar office and Aarchi becomes pregnant seven years
later and during her pregnancy, Aarchi came into contact with her mother by
calling her some times.
One day Aarchi’s father saw her mother talking to her phone and he managed to
get Aarchi’s address and one-day Aarchi’s brothers visited her house with her
mother’s gifts in an apparent reconciliation. Aarchi and Prashya welcomed them
and there a son was at their neighbor’s house and when their son returned with a
neighbor’s who left him at his door, he saw his parents were dead.
Murder (Honor Killing)
In India, Honour killing is seen as an act of
violence, usually, murder committed by family members or the whole community
against the male or female who is held to have brought dishonor to the family or
whole community hence Honour killing can be termed as the murder of a family
member or a social group by other members, on the basis of the conviction of the
perpetrators (and possibly the broader society) that the victim has brought
scorn to the family or community. This is the result of the murder committed to
order to save what is perceived in a particular culture to be the "honor" of
one's family as a society.
Reason For Honour Killing:
In India, the caste
system has a very strong existence and people are not accepting inter-caste
marriages, they are refusing to change their mentality which is one of the big
reasons for Murders of Females and males in the name of defending family from
the shame which is a violation of fundamental rights.
Honour Killing is not that far different from murder,
that we all have the following sections of the Indian Penal Code, 1862, to
prosecute the perpetrators of the honor killings. These can be described as
- Sections 299-304: Penalizes any person guilty of murder and culpable
homicide not amounting to murder. The punishment for murder is a life
sentence or death and fine.
- Section 307: Penalizes attempt to murder with imprisonment for up to 10
years and a fine. If a person is hurt, the penalty can extend to life
- Section 308: Penalizes attempt to commit culpable homicide by
imprisonment for up to 3 years or with fine or with both.
- Section 120A and B: Penalizes any person who is a party to a criminal
- Sections 107-116: Penalizes persons for abetment of offenses including
murder and culpable homicide
- Section 34 and 35: Penalizes criminal acts done by several persons in
furtherance of common intention.
Criminal Conspiracy (Honour Killing)
Section 120A, IPC defines criminal conspiracy. It is a substantive offense in
itself. In simple terms, a criminal conspiracy is an agreement between two or
more persons to commit a crime. Two or more persons must be parties to such an
agreement and one person alone can never be held guilty of criminal conspiracy
for the simple reason that one cannot conspire with oneself. A conspiracy
consists not merely in the intention of two or more, but in the agreement of two
or more to do an unlawful act or to do a lawful act by unlawful means.
The meeting of minds is essential and mere knowledge is not sufficient. The
essence of a criminal conspiracy is the unlawful combination and ordinarily, the
offense is complete when the combination is framed. Unless the statute so
requires, no overt act need be done in furtherance of the conspiracy, and that
the object of the combination need not be accomplished, in order to constitute
an indictable offense.:
The constituent elements of the offense of criminal conspiracy are:
- An agreement between two or more persons,
- to do an illegal act, or
- to do a legal act by illegal means, and
- an overt act is done in pursuance of the conspiracy.
The essence of the offense of conspiracy is the agreement and association to
break the law or to do an illegal act. An agreement to do an illegal act which
amounts to a conspiracy as long as the members of the conspiracy remain in the
agreement and as long as they are acting in accord and in furtherance of the
object for which they entered into the agreement. It is essential that the
offense of conspiracy requires some kind of physical manifestation of agreement.
However, the express agreement need not be proved nor is it necessary to prove
the actual words of communication. The evidence as to transmission of thoughts
sharing the unlawful design may be sufficient.
Rape is a type of sexual assault that typically includes sexual intercourse or
other types of sexual penetration against a person without the consent of that
person. The act maybe carried out by physical force, intimidation, misuse of
authority or against a person who is unable to give valid consent, such as a
person who is unconscious, impaired, mentally disabled, or below the legal age
In the movie, there was an attempt to rape the girl (Archie) by the goons but
luckily, she was saved by a local woman. In Chaitu Lal v/s State Of
, the Supreme court stated that the attempt to commit an
offense starts when the accused begins with his intention to commit the offense.
In this case, despite protesting by the victim the accused continued with his
action until he was not stopped this shows that the accused had the definite
intention to commit the rape hence, he can be punished under section 376 read
with section 511 of IPC.
Since murder is a cognizable offense, an FIR or First Information Report is
registered under section 154 of the Code of Criminal Procedure (CRPC). FIR
sets into motion. An FIR is a piece of information submitted to the police by
the means of someone (aggrieved) referring to the dedication of an offense. The
next step after the submission of the FIR is to carry out the study by means of
the investigating officer.
An end is created via way of means of the investigating officer via way of means
of inspecting records and instances, accumulating proof, inspecting diverse
people, and taking their statements in writing and each one the opposite steps
important for finishing the research then that end is filed to the Justice of
the Peace as a policy document. If after thinking about the policy document and
different crucial files the accused isn't discharged then the courtroom docket
frames costs below which he's to be trialed. In a warrant case, the fees ought
to be framed in writing.
Section 241 of the 1973 Code of Criminal Procedure deals with the plea of
guilty, giving the accused the ability to plead guilty after framing the costs,
and therefore, the burden rests with the offender to ensure that the plea of
guilt is willingly made. The appointed person can also prosecute the defendant
at his discretion. After the costs are framed, and thus the accused pleads
guilty, then the docket of the courtroom calls for the prosecutor to offer
evidence to justify the accused's guilt.
To support their testimony with statements from their witnesses, the prosecution
is required. Section 313 of the Code of Criminal Procedure provides the
defendant the right to be heard and to clarify the documents and instances of
The statements of the accused do not appear to be recorded below oath and may
also be used towards him inside the trial. a chance is given to the accused in a
very case where he's now no longer being acquitted to supply so on guard his
case. The protection can produce each oral and documentary proof. In India, for
the reason that burden of evidence is at the prosecution the protection, in
general, isn't required to provide any protection proof. The final option of the
court docket is understood as a decision with reasons provided in support of the
accused's acquittal or conviction.
The prosecutor is given time to enchant the order of the trial docket simply in
case the accused is acquitted. When the character is convicted, then every side
is invited to relinquish arguments at the punishment that is to be awarded. that
is often commonly executed whilst the character is convicted of an offense whose
punishment in captivity or executing.
Rape is a non-bailable as well as a cognizable offense. An FIR is to be
registered under section 154 of CRPC by the victim or any other concerned
person. After the registration of FIR, within 24 hours victim’s medical
examination should be done under section 164A of CRPC. Police should
investigate the matter and submit their report to the judicial magistrate. Under
section156(3) of CRPC, FIR can be registered by the judicial magistrate
If there is enough evidence in FIR, the challan is prepared by police otherwise
the FIR is declared as untraceable. After the prima facie investigation, police
gather evidence and take statements. After police identified the accused, they
may arrest and send them for medical. After the completion of the investigation
police files, the charge sheet in the court. Then the case goes to trial.
Honour Killing, extra a cultural exercise than being a non-secular one, is
secretly supported through society however overtly discouraged and outlawed
anywhere else. It is very unlucky that the elegance structure in India has
become a social' evil for several. It is horrible that loads of adolescents have
misplaced their lives inside the call of honor, and there is extra who's on the
gunpoint of this inflexible perception system. it's a fake notion that honor
killings simplest contain the killings of ladies. Men are similarly sufferers of
this exercise, in particular, while it impacts the popularity of a specific
caste and community.
For that is often the time, as ladies are preventing back to make sure that
there have to arise changes inside the attitudes of society and such attitudes
are consolidated to reform the complete society on the brand-new traces of
gender equality. Women have come to the vanguard to ask their assailants to
elucidate in courtroom docket what precisely turned into honorable approximately
They more and more call for their tormentors to face the implications of
violence. And now the society and consequently the State have to assist those
brave ladies who stroll the corridors of Law to carry back justice all humans
who take lives in their ladies on their very own whims and fancies. The ladies
who behaved after shredding the curtain of silence and social connivance that
made root-requiring cultures of violence no longer have to be questioned to be
branded honorable or dishonorable by those who may not have easy hands
In the end, it is often stated that honor killing has clearly accomplished extra
damage than good. The families have to recognize that there's no honor in
killing one’s very own child which killing is now no longer the sole solution.
at some point of this twenty-first century, it's to be understood that if a
toddler of 18years old can be given a proper to go with his very own consultant
then he's clever sufficient to take his very own private existence selections
and has the correct to measure. one amongst the stairs taken towards honor
killing turned into on August 2nd, 2010, while Youth in Uttar Pradesh's Meerut
district got here up with the thought of establishing a "Lovers' Party
throughout the country to inspire lovers into status united towards caste
councils, which is understood to be innovative. Therefore, honor killing can be
a grave sin and different humans practicing it should tend harsh punishment so
that one should deliberate earlier than committing such crime.
- Definition of criminal conspiracy- When two or more persons agree to
do, or cause to be done
- ICL 2019 SC 1329: JT 2019 (11) SC 288: 2019 (3) MPWN 104: AIR 2020 SC
- Punishment for rape
- Punishment for attempting to commit offenses punishable with
imprisonment for life or other imprisonments
- Information in cognizable cases- Every information relating to the
commission of a cognizable offense, if given orally to an officer in charge
of a police station shall be reduced to writing by him or under his
direction, and be read Over to the informant; and every such information,
whether given in writing or reduced to writing as aforesaid, shall be signed
by the person giving it, and the substance thereof shall be entered in a
book to be kept by such officer in such form as the State Government may
prescribe in this behalf.
- Conviction on plea of guilty, the accused pleads guilty, the Magistrate
shall record the plea and may, in his discretion, convict him thereon.
- Power to examine the accused- In every inquiry or trial, for the purpose
of enabling the accused personally to explain any circumstances appearing in
the evidence against him. No oath shall be administered to the accused when
he is examined under sub- section.
- Security for unexpired period of bond
- Recording of confessions and statements
- Police officer's power to investigate cognizable case (3) Any Magistrate
empowered under section 190 may order such an investigation as above-
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