COMPARATIVE ANALYSIS OF PROVISIONS OF MURDER IN INDIA AND USA

ABSTRACT

This article will describe how crimes are same but provisions are different according to the country. Every country has their own physiological and sociological views towards the crimes. If people and constitution  vary with the place then it obvious that law will also vary. If we are talking about the provisions of India and USA then we can say it can be different, but mind of perpetrators will be same. Laws are not only about how it assembles rather its about the implementation. So, in this corrupted world first thing which government has to understand is whatever being the law is not more important than the correct implementation of that law. 

Keywords – Physiological, Sociological, Constitution, Provision, Perpetrators, Implementation

INTRODUCTION

No Country is remnant by the crime; there are several laws which are  made for prevention of the people. If we are talking about the murder then it means murder can happen because of domestic violence, Rape,  for money  and also because of many things, because we can’t measure the mind of perpetrators.

According to the Bureau of Justice Statistics some violence has their definition

Homicide—murder and non-careless homicide is characterized as the adamant executing of one person by another.[1]

According to the report “Wrongdoings in India” came out by the National Crime Records Bureau (NCRB). This report shows that how 1.8 percent crimes were increased in the country that year.[2]

  • U.S.A

CONDITION

Rape—constrained sex, including both mental compulsion and physical power.[3]

Sexual assault—incorporates a wide scope of exploitations unmistakable from assault or endeavored assault.[4]

Robbery—finished or endeavored burglary of property or money forcibly or danger of power, legitimately from an individual, with or without a weapon, and with or without injury.

Assault—the unlawful physical assault or danger of assault.

If we see the murder rate of  USA, approximately 1,181 women were murdered by their or due to their intimate partner in 2005 .[5]  Per day three women are crucify because of rape and assault and sometimes murder. Approximately, three women crucify every day.Of the apparent multitude of ladies killed in the U.S., around 33% was executed by a close accomplice.[6]

In 2008 there were approximately 1,82,000 assaults or rapes were occurred with the female’s who were of age 12, even not boys were left out from this assaults, according to the reports 40,000 of guys suffered from this.[7]

Basically Murder is the unlawful annihilating of a person with pernicious aforethought.  Murder can be executed by poison, lying in pause, or some other sort of resolute, decisive, venomous, and planned slaughtering; or submitted in the execution of, or endeavor to execute, any pyro-crime, escape, murder, grabbing, disloyalty, scouting, harm, irritated sexual mistreatment or sexual maltreatment, youngster misuse, theft, or aggravated burglary; or executed as a component of an example or practice of ensnare or torment against a kid or kids; or executed from a planned structure unlawfully and malignantly to impact the demise of any individual other than him who is slaughtered, is murder in the main degree.[8]

PROVISIONS

Inside the unique sea and regional ward of the United States,

Whoever is blameworthy of homicide in the primary degree will be rebuffed by death or by detainment forever;

Whoever is blameworthy of homicide in the subsequent degree, will be detained for any term of years or forever.[9]

  • INDIA

CONDITION

Its how an expansion of 1.8% in the absolute number of wrongdoings announced in the nation that year.

Across in whole India especially in 2018 there is a 10 percent increment in the criminal cases as approximately 1.05 lakhs cases of kidnapping and threatening were registered. If we see the previous year reports then we will find the huge difference, there is 95,893 cases in 2017.[10]

PROVISIONS

Section 302 of Indian Penal Code. “Punishment for murder”

According to section 302 of Indian Penal Code there is punishment for murder if that is homicide then it is imprisonment for life or death and with that they shall pay the fine.

Section 303 of Indian Penal Code “Punishment for murder via way of means of lifestyles convict” whoever, being below sentence of (imprisonment for life), commits homicide, will be punished with death.

Section 299 of Indian Penal Code: Culpable homicide

Basically culpable homicide is an act  in which there is intention to cause death or doing some bodily injury which is likely to death commits the offence culpable homicide.

COMPARATIVE STUDY OF BOTH INDIA AND U.S.A

Both India and U.S.A have their own provision which are likely different in nature. But there motives are same to punish the perpetrators.

Where on their 3 degrees of murder provision is find out in U.S.A, in other India only two provision, are there. U.S.A has three degree provision first has contained if any murder is happen intentionally with any criminal conspiracy.

Second has contained that if any intentional murder which was not planned previously, but there is presence of criminal conspiracy.

Third has contained all other murder.

But in India their only section which is made for murder

Section 302 which made for punishment of murder, if that is homicide.

Section 303 of Indian Penal Code “Punishment for murder via way of means of lifestyles convict.”

Section 299- Culpable Homicide.

CONCLUSION

After reviewing the whole analysis it can be concluded that there is not so much difference between the provision of India and USA. If there is difference in anything is only of correct implementation. In India crime rate has been drastically intensifying year to year. There are more opportunities to get permissive discipline by the demonstrated guilty parties due to free casing work of the assembly in fixing the discipline for a few offenses in the Code. There is greater likelihood to apply the actually preferred mind and individual assessment of the legal officials while adjusting the sentence to the guilty parties, because of wide attentiveness accessible in the present condemning law. Because of this there are very opportunities from where they can flee from the guilt of the law. Effectively Indian Criminal Justice System is taking a shot at the maxim of “hundred lawbreakers can be gotten away, however one blameless ought not be rebuffed”.[11]

The development of detainment rates, starting in 1972, followed a wild time of social and political change . Due to which there had been a drastic change from 1962 to 1972, numbers of murders had  reached to 8530 to 18670. Murder was only one mark of the declining open security, as the general brutal crime percentage multiplied in that very decade (Maguire, n.d., Table 3.106.2011). On the off chance that increasing wrongdoing were the main new social pattern of the 1960s, the connection among wrongdoing and detainment may be obvious. Yet, political activism and race relations additionally reached boiling point.[12]

SUGGESTION

For both the country suggestion is only that making of law is not everything, correct implementation of law is perfect way by which crime can stop.

  • There have to be an unique plan  for insurance of witnesses in the final cases. Criminal legitimate guide has to be more modernize   with different administration required for the causalities. Lawful Aid isn’t to be restricted to simply giving an attorney to need denounced. The State needs to compose mental, clinical and rehabilitative administrations under Legal Aid. Proper remuneration to the Victim ought to likewise be the obligation of the Legal Services Authority.
  • The casualty ought to be given appropriate data about the procedures of 280 his/her case and its record with the police and courts, liberated from cost, from time to time. This data ought to likewise be made accessible on the web.

Law has to be more powerful that perpetrators have fear before doing something wrong.It is the firm perspective on the current analyst that with the usage of above proposals, the police specifically and the Criminal Justice Administration in general, will go through a positive change.

REFERENCES

  1. https://time.com/wp-content/uploads/2014/06/fvv.pdf. by Shannan Catalano, Ph.D. BJS Statistician
  2. https://www.timesnownews.com/mirror-now/in-focus/article/crimes-reported-across-india-increased-by-1-8-in-2018-as-compared-to-previous-year-ncrb/537819
  3. https://now.org/resource/violence-against-women-in-the-united-states-statistic/
  4. https://now.org/resource/violence-against-women-in-the-united-states-statistic/
  5. https://www.law.cornell.edu/uscode/text/18/1111#:~:text=Murder%20is%20the%20unlawful%20killing%20of%20a%20human%20being%20with%20malice%20aforethought.&text=Whoever%20is%20guilty%20of%20murder,of%20years%20or%20for%20life.
  6. https://shodhganga.inflibnet.ac.in/bitstream/10603/63023/13/13_conclusion%20and%20suggestions.pdf
  7. https://www.nap.edu/catalog/18613/the-growth-of-incarceration-in-the-united-states-exploring-causes
  8. https://www.nap.edu/read/18613/chapter/15

[1]Shannan Catalano, Ph.D., BJS Statisticians, Female Victims of Violence, Bureau of Justice Statistics Selected Finding, September 2009, NCJ 228356, https://time.com/wp-content/uploads/2014/06/fvv.pdf. by Shannan Catalano, Ph.D. BJS Statistician

[2] Crime rose alarmingly in 2018: NCRB data shows 80 murders, 289 kidnappings, 91 rapes per day in India, Updated Jan 09, 2020 | 15:33 IST | Mirror Now Digital,https://www.timesnownews.com/mirror-now/in-focus/article/crimes-reported-across-india-increased-by-1-8-in-2018-as-compared-to-previous-year-ncrb/537819

[3] SUPRA NOTE 1

[4] SUPRA NOTE 1

[5]Violence Against Women in the United States: Statistics, Bureau of Justice Statistics,  Intimate Homicide Victims by Gender, https://now.org/resource/violence-against-women-in-the-united-states-statistic/

[6]Violence Against Women in the United States, Statistics, Bureau of Justice Statistics, There has been a decline in homicide of intimates, especially male victims, https://now.org/resource/violence-against-women-in-the-united-states-statistic/

[7] Supra note 1

[8] Legal Information Institute[LII], 18 U.S. Code § 1111.Murder, cornell Law School, https://www.law.cornell.edu/uscode/text/18/1111#:~:text=Murder%20is%20the%20unlawful%20killing%20of%20a%20human%20being%20with%20malice%20aforethought.&text=Whoever%20is%20guilty%20of%20murder,of%20years%20or%20for%20life.

[9] Supra 7

[10] IBID 2

[11]Shodhganga, CHAPTER-VI CONCLUSION AND SUGGESTIONS,https://shodhganga.inflibnet.ac.in/bitstream/10603/63023/13/13_conclusion%20and%20suggestions.pdf

[12] Findings, Conclusions and Implications, https://www.nap.edu/catalog/18613/the-growth-of-incarceration-in-the-united-states-exploring-causes, https://www.nap.edu/read/18613/chapter/15


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