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UYes, you’ll have to either pay fine or imprisonment or both under the Contempt of Courts Act. And the disciplinary committee of the bar council may take action against you if you’re a lawyer and if at all they take up the case as well, resulting in suspension or debarring.UGenerally companies are held liable only when they terminate an employee for a disability which was caused during the course of employment, because of the nature of the job.
In scenarios like yours, it is difficult to prove that they terminated you because of your disability especially when you have resigned yourself. Best would be to try moving on to better opportunities you find.
UThe justice system considers each decision from the perspective of victimology as well. As the theory India follows is reformative theory, which believes that reformation is the way to a developed society.Answering your point of what’s the point of the accused living when the victim doesn’t, it is strongly argued that the loss of one life doesn’t equate to the loss of another. That is, if the victim dies, the death of the offender does not bring back the victim nor does it permanently offer solace to the family of the victim.
And the most important point is, the circumstances of the offender which influenced him or her to commit the crime. Say a person who grew up in an abused house in a slum with no access to education or any social awareness commits a heinous assault and a murder, then what he needs is rehabilitation and killing him instead doesn’t solve anything.
But it’s a tragedy that in India, the families of the victim are not provided any help psychologically to overcome their grief nor is rehabilitation properly given.
UYeah, I saw the case. The police officials are yet to reveal the motive right? I believe he may have confessed only to the killing and not why he did it. Yeah, I think the motive behind the killing which they will discover will play a role in determining if he’ll get a death penalty since he killed even a 13 year old child as well. So saddeningUConfessions under the evidence act in India are very tricky. The courts have to ensure that they were not made due to the influence and coercion of the police officers. There are also certain criteria to be fulfilled for it to be held a valid confession. If not, they will be dismissed.There was this one case where the murderer confessed to the victim’s own father about how he killed his daughter. But because no actual evidence was discovered based on the confession it was deemed to be invalid 🙃
UThe main problem in our country is we follow the reformative system and refrain from giving death penalties unless in rarest of rare cases, all when failing to provide effective rehabilitation, making the victims suffer and fend for themselves.I still strongly think that if at all we seriously want the crime rate to reduce, proactive rehabilitation and reformation should take place. There are records of the criminals, police do criminal profiling, so we can estimate what kind of circumstances usually lead to such horrendous crimes in our country. Yet, the government doesn’t actively try to ensure that such circumstances are avoided in society.
When the Nirbhaya case came up, there was this huge controversy of how the juvenile who participated in the crime was from the slums with no education and awareness and was addicted to pornography. So we are able to pinpoint that these conditions lead to disastrous results.
Knowing this, what do we do with that knowledge? Nothing. The government has to take steps and measures to ensure that future perpetrators are not created rather than humanising them after they commit the crimes.
UThe judges often tend to consider the background of the offender in serious crimes as well. If the judges feel there is no scope of rehabilitation that can reform the offender, and the crime is so heinous that it shocks the conscience of the court only then the death penalty is given.Most often, trial courts do award the death penalty but they get overturned at the high court or supreme court.
But I agree with your sentiment of heartbreak seeing the rise of rape cases. Cannot imagine what the victim’s family goes through.
UDefamation cases usually favour the defendant that is you the OP in this case. It is very hard for them to prove that you have defamed them especially when what you have written is true and can be proven so. Do not budge OP, hire a good lawyer and fight the case. Do not pay their settlement, they are trying to extort money from youUI’m sorry you had to go through that OP. If you have the driver’s info tweet about it, it’ll create some awareness and prevent potential victims
