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Gradation

Gradation. Caesar’s Dilemma - ‘Was it Burning?’. The Dissection. Their Performance and Exploits. “ Champions of the Masses” The Agitators & Picketers-. IPC - Ch. VIII (Extracts) Offences against Public Tranqulity. IPC Ch. XVI – Of Criminal Force & Assault

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Gradation

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  1. Gradation

  2. Caesar’s Dilemma - ‘Was it Burning?’ The Dissection

  3. Their Performance and Exploits “Champions of the Masses” The Agitators & Picketers-

  4. IPC - Ch. VIII (Extracts)Offences against Public Tranqulity

  5. IPC Ch. XVI –Of Criminal Force & Assault S. 349: Force - A person causing – motion, change or cessation of motion to – i) another person, or ii) any substance which brings it in contact with another’s body etc., or iii)Anything affecting another’s sense of feeling;

  6. IPC CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY (EXTRACTS) S. 350: Criminal Force – Intentionally using force - • without consent, • to commit any offence, or • intending / knowing that it could cause injury, fear or annoyance to another person;

  7. IPC - Ch. XVI (Extracts)Offences affecting Human Body • S. 339:Wrongful Restraint – • Voluntarily preventing a person- • From proceeding in any direction- • To which he has a Right to proceed; • Punishment (S. 341) – 1 month / Fine;

  8. IPC CHAPTER XVI (EXTRACTS ) OF OFFENCES AFFECTING THE HUMAN BODY S. 351: Assault – • One person (‘X’) making any gesture or preparation, • intending / knowing that another person present (‘Y’), • may apprehend that the first person (‘X’) is about to use criminal force; Mere words – no assault, But words may give such meaning as to make the gestures or preparation amount to an assault.

  9. IPC - Ch. XVI (Extracts)Offences affecting Human Body • S. 353 : Assault / Criminal force to deter Public Servant from discharging duty- • Anyone assaulting / using criminal force – • to Public Servant in execution of his duty, • with intent to prevent or deter discharging of that duty, • Punishable – Imprisonment upto 2 years/Fine/ both;

  10. IPC - CHAPTER XXII (Extracts)CRIMINAL INTIMIDATION, INSULT & ANNOYANCE S. 503 : Criminal intimidation – • Threatening any person - • with injury to person,reputation/property – • with intent to alarm /cause that person to- • Do any act which he is legally not bound to do, or, • Omit to do any act to which he is legally entitled;

  11. Expected of ‘Guardians of Law’ The Police

  12. Chapter X (Extracts)MAINTENANCE OF PUBLIC ORDER TRANQUILITYA - Unlawful Assemblies S. 129:-Dispersal of Assembly--- Any -- O/C of PS/ Police Officer, not below Sub-Inspector,may command – any unlawful assembly, or any assembly of five or more persons likely to cause disturbanceof public peace, to disperse;

  13. Cr. PC - Chapter XI (Extracts)PREVENTIVE ACTION OF POLICE (S.149) Police officermay interpose , and shall to the best of his ability - prevent commission of any cognizable offence;

  14. Cr. PC - Chapter XI (Extracts)PREVENTIVE ACTION OF POLICE S. 150 Information of design to commit cognizable offences Every Police Officer receiving such information shall communicate it to - • His Superior, • Other officer whose duty it is to prevent take cognizance of such offence;

  15. Cr. PC - Chapter XI (Extracts)PREVENTIVE ACTION OF THE POLICE Arrest to prevent commission of cognizable offences (S. 151) - • Police officer knowing of a design to commit any cognizable offence may arrest a person – • without a Magistrate’s orders ; • without a warrant; if commission of offence cannot be otherwise prevented;

  16. Cr. PC - THE FIRST SCHEDULECLASSIFICATION OF OFFENCES UNDER I.P.C.

  17. Cr. PC - THE FIRST SCHEDULECLASSIFICATION OF OFFENCES UNDER I.P.C.

  18. Expected of ‘Chief Executive Magistrate’ The DM

  19. Executive Magistrate’s Duties (Cr. PC)

  20. S. 129:-Dispersal of Assembly - Any Executive Magistrate /O/C of Police-----,may command – any unlawful assembly, or any assembly of five or more persons likely to cause disturbance of public peace, to disperse; Chapter X (Extracts)MAINTENANCE OF PUBLIC ORDER TRANQUILITYA - Unlawful Assemblies

  21. Public Nuisances (Extracts) • S. 133- Conditional order for removal of nuisance - (1) Whenever a DM / SDM / other Ex. Magistrate considers, on report of a police officer or other information • That any unlawful obstruction or nuisance should be removed from any public place or -- way, such Magistrate may make a conditional order requiring the person --- • To remove such obstruction or nuisance; or • To desist from-----

  22. S. 133 – Public Nuisance(Nature of complaint) Police Report Any other information

  23. S. 133 - Nature of Remedy

  24. S. 143: Magistrate may prohibit repetition – Any DM / SDM / Ex. Magistrateempowered, may order – any person not to repeat / continue a public nuisance, as defined in IPC or Special / Local law. Public Nuisances (Extracts)-II

  25. S.144: Power to issue order in urgent cases – (1) Magistrate may, direct any person or public generally to abstain from a certain act , or ---- to prevent, obstruction, annoyance or injury to person lawfully employed, or danger – (2) Such order can be ex parte, Urgent cases of Nuisance / Danger (Extracts)

  26. S. 108-(1)When an Executive Magistrate receives information that any person,--- (i)--,intentionally disseminates or attempts / abets dissemination of (b) any matter concerning a Judge --- amounting to criminal intimidation / defamation under IPC the Magistrate may---, require such person to show cause, why he should not be ordered to execute a bond,--

  27. RELEVANT Cr. PC PROVISIONS-Summary • S. 108: Security for good behaviour from persons disseminating seditious matters; • Ss. 129 - 130: Dispersal of unlawful assembly; • Ss. 133 – 143/145: Conditional order for removal of nuisance; • S. 144: Power to issue order in urgent cases of nuisance or apprehended danger;

  28. Expected of DM ‘The All India Service Officer’

  29. “All India Service Conduct Rules (1968)” 2.(e) “Member of the Service" means a member of an All India Service as defined in section 2 of the All India Services Act, 1951 (61 of 1951)

  30. “All India Service Conduct Rules (1968)” • 3. General- Every member of the Service shall – • at all times maintain • absolute integrity and devotion to duty; • (2) & (6) take all possible steps to ensure integrity of, and devotion to duty by all Government servants --- • under his control and authority;

  31. “All India Service Conduct Rules (1968)” Personal Integrity & Devotion to Duty: Every member of the Service shall at all times maintain absolute integrity. (2) --- and shallcarry out the duties of his Office loyally, honestly impartially and with efficiency. (e) Not to evade his responsibilitiesby seeking instructions from superior officer or authority when not necessary;

  32. “All India Service Conduct Rules (1968)” 5. Duty towards the Service: A member --- shall do nothing -- unbecomingof an officer belonging to the Service. Explanation: Acts unbecoming shall include (b) Adoption of dilatory tacticsin dealing with public matters

  33. “All India Service Conduct Rules (1968)” 7. Duty towards the Public: Every member of the Service shall, act in acourteous, impartial, efficient and decisive manner, while discharging his duties.

  34. Their Actual Performance Police & The Magistracy

  35. IPC - Ch.XI(Extracts)Offences relating to Public Justice • S. 221: -Intentional omission on part of Public Servant bound to apprehend- • A Public Servant legally bound to apprehend - • Any person liable for an offence, • Intentionally omitting to apprehend; • Punishment - imprisonment upto 7 / 3 / 2 years, with / without fine - • depending on gravity of offence involved;

  36. Cr. PC - THE FIRST SCHEDULE(Classification Under IPC)

  37. IPC - Ch. XI (Extracts)Offences by Public Servants • S. 166: Public Servant knowingly disobeying any direction of law As to the way in which he is to conduct himself, • Punishment - SI upto 1 year /+ Fine,

  38. What He could do At Field Level In court Defence • Appear Decisive & Unawed; • Take Track –II; • Handle Bigwigs with Finesse; • Home work on Paper; • Disengage from Other Agency; • Emulate CS / HS; • Not plead ignorance; • Place Paperwork

  39. Thank You

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