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Niharika Anand
1 year ago - Translate

When Extortion becomes Robbery

If at the time of committing the offence of extortion, the offender who is in the near presence of the person, puts the person in fear of instant death, instant wrongful restraint or instant hurt to that person or some other person and as a result of this, induces the person who is put in fear, to deliver the thing that is being extorted right then and there, this amounts to robbery.

The following conditions need to be fulfilled:
1) Fear of instant death, instant wrongful restraint or instant hurt
2) Offender puts the person under such fear so as to deliver the property at that very moment
3) Offender is in close physical proximity of such person put in fear at the time of extortion

For example: A meets B and B's wife at an isolated spot. A pulls B's wife close and places a dagger to her throat and threatens to slit her throat unless B delivers the gold ornaments he is wearing and the wallet he is carrying. B, in consequence, delivers the said items.

Here, A has extorted the items by causing B to be in fear of instant hurt to B's wife. A has robbed B.

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Niharika Anand
1 year ago - Translate

Medico-Legal Importance of a Stab Wound

A stab wound is a penetrating injury that is caused by a sharp and/or pointed object. The object may be a knife, dagger, nail, needle, spear, arrow, screw driver etc. This type of wound usually occurs by driving the object into the body or from the body's pressing or falling against the object.

A stab wound is of importance as
- The shape of the wound gives a fair idea as to the class and type of weapon used to cause the injury
- The depth of the wound will indicate the force of penetration
- Relative positions of the assailant and the victim can be gauged from the direction and dimension of the wound
- It can determine the age of the injury
- Position, number and direction of wounds are indicators of the manner of producing such injuries i.e., suicide, accident, homicide
- If there is a broken fragment of a weapon found in the body, it will help in identifying the weapon and may also aid in establishing a link between the crime and the accused

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Niharika Anand
2 years ago - Translate

Women and Procedure of Arrest

Criminal Laws, substantive and procedural, take into consideration the safety, security as well as welfare of women, guaranteeing the protection of law to women.

- Arrest must be made by a woman police officer. Unless the situation at the time of arrest goes beyond control, no person other than a female police officer shall touch the woman to be arrested.
- Not only grounds of arrest but right to be released on bail must also be informed.
- Under ordinary circumstances, a woman cannot be arrested after sunset and before sunrise. Although, if it is of utmost importance to apprehend the accused immediately during the time between sunset and sunrise, the woman police officer must obtain prior permission from the Judicial Magistrate. Any arrest made in violation of this would be illegal.
- When the search of the arrested female is necessary, it is to be carried out by another female with strict regard to decency.
- In cases where medical examination of the accused (female) is required, the examination must be conducted by or under the supervision of a registered female medical practitioner.
- A woman who is accused of an offence is entitled to exercise the right to free legal aid.

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  • 09/26/98
  • Studied at Alliance School of Law

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