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Heinous Crimes: Why People/Mortals Do So? Crucial Study Of This Hour

This change is useless if it 'cannot even diminish' the crime itself-eight years of struggle 2012 to 2020 to no avail (we are still in tears)

The procure of curriculum just fallen, the cultural norms were teared apart, and the pious aura of festival was sullied and the very next day the act shocked the head of whole nation. Is this the 22nd century or we going drifting backward?

In re.
Saki Naka rape case occurred in Mumbai on 10th of Sept. 2021 at 2:30am.

Competing cries from heinous crime victims sound like such attention that in time of just reading the same there is another addition.

In duly duty lights our justice administration aforesaid affected but not ready to do its best before benevolence. That's why the delta shift of certain provisions is under squand and certain strict laws should be put in force.

What is meant by Heinous Crimes?

Heinous pretexted from French word Haine which means hate / hatred or evil in nature or intense hatred for something or someone whereas crime pretexted from Latin word Cernere which means to judge, these voluntary and involuntary acts (accompanied with actus reus and mens rea) which promulgate the criminal proceedings, specifically violation or breaking of penal laws constitute an offence.

The Supreme Court cited Article 142 of the Indian Constitution, as defined under Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act 2015, an offence that prescribes a maximum prison sentence greater than 07 years but provides no minimum penalty, or minimum penalty of less than 07 years, cannot be considered to be a 'heinous offence'.

In re.
Shilpa Mittal vs State of NCT of Delhi, (Criminal Appeal No. 34 of 2020) - Hon'ble Justice Deepak Gupta

Further, inhumane, cold-blooded and murky crimes and accompanied by barbaric punishments falls under heinous crimes such as serving a dead body to eat the Tandoor case, 2007, slaughter after rape the murder case of Aarushi Talwar, 2008, mass-suicide in which family members were found hanging within the house in circular formation, blind-folded and mouths were taped, in some cases even their hands and feet were tied as well the burari case, 2018.

Some listed offences that are Heinous crimes

  1. Acid Attack (Section 326A, 326B IPC)

    One of the most unethical, immoral ferocious and irreversible crime in particular, which can never be cured: the scars of burns remain for life, inconsolable suffering throughout life. Most of the time the offender used to throw it on the face, or on mostly visible parts of the body and sometimes it involves major bones as well, which shows the clear values of unlearning the same.

    The degree of manslaughter reaches the same level when the psychopaths promote the same crime to another insignificant level, such as forcing someone to drink acid, or culturing acid on a particular body part drop by drop until it gets hollow.

    as per section, "acid" includes any substance which has acidic or corrosive character or burning in nature, which is likely to cause physical injury resulting in temporary or permanent scarring, or temporary or permanent disability.

    gender aspect: news analysis found that at least 72% of reported attacks include at least one female victim, states saying 28% also include men.

    In re.
    Gwalior Woman case (reported on 21st August, 2021),
    A Delhi woman threw acid on her boyfriend 23-year-old Shubham after he refused to marry her (act happened on 11th June, reported on 17th June, 2021),
    Laxmi vs Union of India & Ors, 10 April, 2015
    Parivartan Kendra & Anr vs U.O.I & Ors, 7 December, 2015

     
  2. Rape (Section 375 IPC) & Gang Rape (Section 376D)

    Sexual assault, penetration without their consent, against the morality and dignity of a woman, so cause hampers the dignity of the women in the society, brutality is where the victim has to suffer for a long time or with lifelong consequences such as physical & mental damage, mental distress, severe depression, and suicide and I don't think it needs to be developed any further more as it is the most heinous crime in comparison to all in the world.

    In India, it is considered the second most common crime against women, as 97% rapes committed by people known to victims was reported by The National Crime Records Bureau in its 2015 annual report.

    This does not mean that men are not raped beyond the negative connotation among heterosexual and homosexual men, female-on-male rape is a contrast compared to other forms of sexual violence.

    It is really difficult for male victims to report a sexual assault they suffered, especially in a society with a strong masculine custom. Most of the time, male victims try to hide and deny their victimization, similar to female victims, unless they have serious physical injuries. Ultimately, male victims can be very vague about explaining their injuries when they are seeking medical or mental health services.

    However, there have also been cases where an juvenile boy victim of statutory rape was ordered by a judge to pay child support after the woman became pregnant.

    In re.
    • Mukesh & Anr vs State for Nct of Delhi & Ors on 5 May, 2017
    • Lokesh Mishra vs State of Nct of Delhi on 12 March, 2014
    • Suresh Kumar Koushal & Anr vs Naz Foundation & Ors on 11 December, 2013

     
  3. Murder (Section 300 IPC)

    An act with the intention to cause death and the same happened in the consequences constitutes a murder. One of the serious crimes in our society as it completely vanishes not only the life of victim but also affect the life of relatives of the victim and thus creates terror in the society.

    Provided that the act intends to cause bodily harm such that the offender has knowledge that it would result in death, he knows that his act is dangerous and would cause death or bodily injury but still commits the act likewise, would amount to murder.

    Contains three basic ingredients - Causing death, doing an act, the act must be done.

    One of the interesting facts is that if someone is about to procure or commit some heinous crime such as rape and during that time victim or anyone known or unknown will kill or attempt to kill or injure / seriously injure the offender in motion to save the himself / victim that is not punishable by law.

    However, the statement of a child witness who was in close relationship with the deceased cannot be dismissed on the basis of a contradictory wandering statement where he clearly stated the peremptory facts clearly, it is quite reliable on the factum of the incident and likewise it cannot be ruled out, considered an accused liable to conviction.

    Merely causing death, by doing an act without any knowledge that is so imminently dangerous that it must, in all probability cause death is not murder. An act, performed with the awareness of its consequences, is not murder at first sight, it only becomes murder if it can be positively affirmed that there was no excuse. The section's demands are not met by the fact that the murder is extremely reckless. Moreover, it must be totally inexcusable. When there is a risk, even the most serious possible, which would normally result in death, taking that risk is not murder unless it was inexecutable to take it.

    In re.
    • State of Karnataka v. Shariff, AIR, 2003 SC 1074
    • Gyarsibai w/o Jagannath v. State, AIR 1953 MB 61
    • Banta Singh v. State of Punjab,1991, Cr LJ 1342
       
  4. Abetment of Suicide (Section 306 IPC)

    Instigating, inspiring, encouraging or promoting by yourself or another person / means of committing, the offence of ending someone else life or to commit him to suicide is known as aiding and abetting suicide.

    A well-planned crime that doesn't need guns or just need a brain to make a person so sick that they lost all their ability to distinguish between moral standards in their life and experience depression, desperation (hopelessness), anxiety and in the end, lost all their innocence and think themselves as guilty of any situation or event that has no end and to end that immense pain has only way to end their life.

    As it includes a higher degree of mental harassment it is most tortured crime in society because victim lost all of his senses to communicate, to show his pain, to find any solution from getting out of it.

    But mere words uttered in a fit of rage without any intention were in no way aiding and inciting suicide. The intention to encourage suicide cannot be presumed, it must be obvious (evident) as put by Justice Hrishikesh Roy.

    Conversely, if there is continuous physical violence and driving someone to commit suicide, they may be held responsible for the offence. The instigation must have a certain continuity, take place continuously over a reasonable period of time. The suicide must also be a direct consequence of the instigation and cannot be a mere coincidence or far removed from the commission of the suicide.

    Additionally, if the deceased turns out to be very sensitive compared to a reasonable person, the court said the charge of aiding and abetting suicide would weaken.

    In re.
    • Rhea Chakraborty vs The State of Bihar on 19 August, 2020
    • Shankar Lal vs State & Anr on 9 August, 2017
       
  5. Unnatural Offences (Section 377 IPC)

    Offences against the order of nature in flesh hunger and lust (gross bodily pleasures and appetites gluttony) with any man, woman or animal.

    On condition that the slightest penetration is considered sufficient to attract section 377. The only thing it requires is that the act be against the order of nature.
    For better understanding - genital contact between a male and a female minor with or without penetration and with or without the consent of the female broadly: rape in particular of a female child.

    As evident from the language of this section, consent is wholly immaterial in the case of unnatural offences and the party consenting would be equally liable as an abettor.
    Destruction of individual identity would tantamount to crushing of intrinsic dignity that cumulatively encapsulates the values of privacy, choice, freedom of speech and other expressions. It can be seen from another angle. An individual in the exercise of his choice may think that he/she should be left alone but no one, and we mean, no one, should impose solitude on him/her.

    In addition, kissing can be considered the typical and normal erogenous contraction method to achieve tumescence, there are others that are only less important. Very first contact "between people of the opposite sex" is sometimes almost as effective as kissing in stimulating tumescence; all these contacts, in fact, belong to the group of which kissing is the type, cunnilinctus (often mistakenly called cunnilingus) and fellatio cannot be considered unnatural since they have their prototypical forms in animals, and are found in various savages 28 AIR 1968 Guj 252 29 'Psychology of sex' Twelfth printing, 1948, London races.

    As forms of contraction and aids in tumescence, they are therefore natural and are sometimes considered by both sexes to be the quintessential forms of sexual pleasure, although they cannot be considered aesthetic. They become deviations, however, and can be called "perversions" when they replace the desire for coitus.- as reported by Hon'ble High Court, a passage from the book Psychology of Sex written by Mr. Havelock Ellis.

    In re
    • State of Maharashtra v. Shankar Krisanrao Khade, 2009 Cr LJ 73
    • Navtej Singh Johar vs Union of India Ministry of Law And on 6 September, 2018
    • Manoj Narula vs Union of India on 27 August, 2014

       
  6. Sexual Harassment (Section 354 IPC)

    Assault or coercion of a woman with intent to abuse her modesty involving the use of explicit or implicit sexual connotations, including the unwelcome and inappropriate promise of rewards in exchange for sexual favors.

    Includes many physical, verbal and non-verbal doings and gestures:
    Actual or attempted rape or sexual assault, Unwanted pressure for sexual favors, Unwanted deliberate touching, leaning over, cornering, or pinching, Unwanted sexual looks or gestures, Unwanted letters, telephone calls, or materials of a sexual nature, Unwanted pressure for dates, Unwanted sexual teasing, jokes, remarks, or questions, Referring to an adult as a girl, hunk, doll, babe, or honey, Whistling at someone, Sexual comments, Turning work discussions to sexual topics, Sexual innuendos or stories, Asking about sexual fantasies, preferences, or history, Personal questions about social or sexual life, Sexual comments about a person's clothing, anatomy, or looks, Kissing sounds, howling, and smacking lips, Telling lies or spreading rumor's about a person's personal sex life, Neck massage, Touching an employee's clothing, hair, or body, Giving personal gifts, Hanging around a person, Hugging, kissing, patting, or stroking, Touching or rubbing oneself sexually around another person, Standing close or brushing up against a person, Looking a person up and down (elevator eyes), Staring at someone, sexually suggestive signals, Facial expressions, winking, throwing kisses, or licking lips, Making sexual gestures with hands or through body movements.

    Sexual Harassment is much broader term than sexual assault as it refers to a variety of unacceptable sexual behaviours as mentioned above. On the other hand, sexual assault occurs when you are forced, coerced or deceived (tricked) into having sort of sexual activity, including touching, kissing, sexual acts, or penetrative sex.

    In re.
    • Vishaka & Ors. vs. State of Rajasthan (AIR 1997 SC 3011)
    • Emperor vs Tatia Mahadev on 5 September, 1912
    Equivalent citations: (1912) 14 BOMLR 961, 17 Ind Cas 794
    • Major Singh Lachhman Singh vs The State on 30 May, 1963
    Equivalent citations: AIR 1963 P H 443, 1963 CriLJ 390  
  7. Mental Harassment (Section 498 IPC)

    To call woman the weaker sex is a libel; it is man's injustice to woman. If by strength is meant brute strength, then, indeed, is woman less brute than man. If by strength is meant moral power, then woman is infinitely superior to the man. Has she not greater intuition, is she not more self-sacrificing, has she not greater powers of endurance, has she not greater courage? Without her, man could not be. If nonviolence is the law of our being, the future is with woman. Who can make a more effective appeal to the heart than woman? -- Mahatma Gandhi

    Mental Harassment or psychological violence is any type of non-physical attitude or behavior that intimidates, controls, sub judicates, punishes, demean, or isolates another person through humiliation, fear or degradation.

    Here are some of the common examples of mental harassment:
    • Abuse by one person over and over again
    • Betrayal of spouse or mental torture for dowry.
    • Any kind of abstinence from something a person likes to do.
    • Many a time mental harassment is caused by bad words or emotional thrust.
    • However, it can also be physical in some extreme cases.
    • Related sections of IPC which can be read with section 498 are section 294 (Obscene acts and songs), section 304B (Dowry death), 498A (Husband or relative of husband subjecting to cruelty), and section 509 (Word, gesture or act intended to insult the modesty of a woman

    Most of the people think that mental harassment at the workplace can only be sexual, but the mental harassment and torture are categorized.
    See the classification below:
    • Distinction based on the grounds of age.
    • Defaming or degradation an individual in public.
    • Discrimination based on caste.
    • Discrimination based on or marital status.

    Further, there is a clear distinction and observation that the tone of motherhood cannot be defined as mental harassment but in contrast the high pitch of tone or shouting or yelling or screaming at someone can be termed as mental harassment.

    Likewise, constantly belittling or criticizing your abilities, employment or looks, publicly flaunting an affair or adulterous relationship, falsely accusing yourself of committing adultery, failing to tell about an acquired sexually transmitted disease, while continuing to maintain sexual relations, making it a ritual to stay away from the marital residence without any valid explanation comes under mental harassment.

    In re.
    • State vs Neeraj on 29 November, 2014 (Tis Hazari Courts)
    • V. Bhagat v. Mrs. D. Bhagat, AIR 1994 SC 710
    • Chandigarh Housing Board vs M/S. Parasvanath Developers Pvt. on 17 December, 2019 SC
  8. Human Trafficking (Section 370 IPC)

    The act of importing, exporting, withdrawing, buying, selling or disposing of a person as a slave, or accepting, receiving or withholding against that person's will is known as human trafficking. The infringement of all basic rights of a human being as making him a slave is the foul and heavy gross of current span.
    The section 370 also related with:
    • 363 A (Kidnapping or Maiming a minor for the purpose of begging),
    • 366 A (procuring a minor girl for sexual exploitation),
    • 366 B (importation of a girl from a foreign country for sexual exploitation).

      After a considerable burden of cases and at public request, the Indian government established the Justice Verma Commission following the rape of a young woman in Delhi in December 2012.

      The Committee responded by specifying that the revised Section 370 push the IPC aims to protect women and children from trafficking. The committee does not intend to include sex workers who practice voluntarily under section 370 of the IPC. Furthermore, the overhaul should not be interpreted as allowing law enforcement to harass sex workers who engage in voluntary activities and their clients.

      The rehabilitation of released bonded laborers is a matter of great importance, because if the identified and released bonded laborers were not rehabilitated their condition would be much worse than before during the period of their servitude and they would be more exposed to exploitation and at the same time they fall back into serfdom even in the absence of any coercion. The enslaved worker who is freed would prefer slavery to hunger, a world of illusory bondage and security to a world of freedom and hunger.

      In re.
      • Vishal Jeet v. Union of India, (1990) 3 SCC 318
      • Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161
      • Lakshmi Kant Pandey v. Union of India, (1984) 2 SCC 244

       
  9. Re-defining Gender

    Apart from the social and educational concept, everyone can define their gender beyond the thoughts of the individual, for example male or female. But the elaboration of a particular person on the denial of thoughts which cause a contradiction or as a person unacceptable to outside groups or in the general public may be characterized as a heinous crime.

    Indeed, human beings are social beings and every individual needs the love and support of others, and if someone is trying to intimidate or isolate a particular person from rest, it means that he is trying to compensate the other on the basic need of a human as he sought to steal the other's identity and his reason for living.

    The stereotypical society still considers the male to be a dominant character since we define the same as patriarchy. There are many different gender identities including male, female, transgender, gender neutral, non-binary, agender, pangender, genderqueer, two-spirit, third gender, and all, none, or a combination of these. These events range from the simple to the complex and with the complex there is no solution - you have to remember that gender bias is a form of prejudice and discrimination and has no place in business.
    The civil right laws that prohibit discrimination on the basis of sex and gender identity.

    The proposal would clarify that an individual's gender is determined by the genitals an individual has at birth, unless reliable genetic evidence indicates otherwise. In addition to ignoring that some individuals are born with indeterminate genitals and that there is no agreement that genitals ought to be the primary indicator of their gender (except transgender and gender diverse).

    The current balance of learning that classify people into two genders does not have the weight of the whole lineage diversity by experiences and bodies (structure and figures). It is time to enact protective laws for treatments such as LGBT communities and others for the benefit of all.

    Separately from sexual orientation (male or female or intersex) and mental values (transgender), there is the existence of gender as mentioned above. If one feel like s/he's shaping up to be one or the other, that should be okay. On the contrary, if someone else announces without the consent or the will of others a contradiction or a lie about him, it must be regarded as a heinous crime.

    In re.
    • Justice (Retd) K S Puttaswamy vs Union of India, 2017
    • Navtej Singh Johar v Union of India, 2018
    • Arun Kumar v Inspector General of Registration, 2019

The ideology/psychology of the culprit behind such unacceptable crimes:
An abuser can be anyone - there is no specific trait, origin, social status, mentality or personality different from the perpetrator. However, the reasons for each error may vary and are difficult to quantify.

'Rapists' have some common characteristics:
  • a lack of empathy
  • narcissism
  • feelings of hostility towards women
According to an American psychological study.

In India it is evident that most of the time in cases of crimes against women, men regard women as an object, thing or kind of non-living or inferior material to them in the framework or type of crade in society.

Conversely, when women commit this type of crime, they want to prove their dominance and show how powerful they are or can be, just like having enemies over friends because enemies are much better than friends if they met later as friends because they want to prove themselves that they will be better this time - according to studies.

Rejection, love-failure, retribution, revenge or blind-faith, refusal, cheating, anger, eve teasing, cases that boil blood and make one seethe with vengeful rage are also some major factors behind such acts.

One of the crucial facts: many of those who rejected others have actually living a regretful life for some reason like:
  • their judgmental errors, or
  • the meteoric rise of people they rejected (which creates a kind of inferiority)
Conversely, when women commit this type of crime, they want to prove their dominance and show how powerful they are or can be, just like having enemies over friends because enemies are much better than friends if they met later as friends because they want to prove themselves that they will be better this time - according to studies.

Conclusion
Karma, God, Believe, Energy, Cosmos, or whatsoever you think he looks at us / observes us / see us and can destroy us when we do something heinous and after consideration have no regrets. We must should never be boring but it didn't mean do heinous.

Disciplines are not only rigid or strong military regimes, there are also social disciplines that everyone should follow, otherwise the vacuum of discrimination can never be filled which results in immense suffering and pain (crimes linked to the army - they are also atrocious terrorist offenses).

Both good and evil exits and in the shadow of good evil is also a part of society. Hence both are seen and acceptable but doing beyond evil, such acts which are diabolical in nature and cannot be forgiven even by those who sometimes commit them, are heinous crimes.

In my opinion, the evildoer is obviously a culprit, but his supporter / harbourer is much more culpable because she not only saves or supports that criminal / accused but also endangers the society as a whole (section 212, 213, 214, 218, 219 of IPC).

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