This article has been written by Mudit Gupta, currently pursuing BBA.LL.B (hons.) from the University of Mumbai Law Academy. This article discusses information about Artificial Intelligence and how it can bring changes in the legal industry.
It has been published by Rachit Garg.
Table of Contents
Introduction
In today’s day and age, we are having very active artificial intelligence softwares in our pockets. They are right there in the devices which we use very frequently, like our mobile phones, tablets and laptops. These softwares know about our preferences and needs, especially regarding the content we consume on a daily basis. According to a report by Mckinsey Global Institute, Artificial Intelligence (AI) is going to create $13 trillion value in various industries. This clearly indicates that every part of life will have some tasks which will be automated by artificial intelligence.
One such part will surely be the legal industry.
All people, at least once in their lives, have to interact with the legal system. They might have to either register some intellectual property they created, their own company, or their marriage or might even have to fight a legal suit. Simply put, most individuals, in some or the other case, will have to interact with the legal system.
Talking about the pain points in the legal industry, especially in India, it is that all the matters, as well as procedures in the legal industries, are very time-consuming. The reason behind the same is that mostly all the tasks that are to be done by legal professionals such as legal research, drafting and vetting of contracts, due diligence, etc., take up a lot of time. At times, some of these tasks become quite monotonous in nature, which is why several independent practitioners, as well as small and big law firms, hire numerous junior-level lawyers. The main tasks which are done by these lawyers include legal research, drafting the first level of contracts, etc. The seniors, most of the time, delegate these tasks to the junior-level lawyers and they themselves handle the tasks like providing consultation to the clients, negotiating contracts on behalf of their clients, representing their clients in courts and reviewing and vetting the legal documents drafted by the junior-level lawyers.
As Artificial Intelligence is a very promising prospect for all industries, its application in the legal industry can create a major impact on the lives of people.
In this article, we will try to understand how Artificial Intelligence, machine learning, deep learning and data science work and which are the tasks in the legal industry that can be done effectively by these technologies, improving the lives of the lawyers as well as their clients.
Understanding the technologies
Artificial Narrow Intelligence and Artificial General Intelligence
To determine which tasks can be replaced by technology, the first step is to understand how these technologies work and what their basic operating principles are. So let’s first, one by one, understand how these technologies work.
When it comes to artificial intelligence, it is a technology that allows computers or machines to think and make decisions. At their very core, computers are still dependent on humans, and they need a very large amount of data to create a pattern and then perform the tasks based on the information that is fed to them in the form of data previously. The most common misconception that people have about Artificial Intelligence is that it can automate all the tasks, but the reality is a bit different. There are two types of Artificial Intelligence, namely:
Artificial Narrow Intelligence, and
Artificial General Intelligence.
The first one is a much more feasible technology as of now because, as per the growth of technology we have achieved, we can only train a machine to do a particular task using Artificial Intelligence such as speech recognition, language translation, etc. To achieve Artificial General Intelligence, we would have to train the machine to think in a similar way humans are able to do and do all the tasks, and that is not possible as of now because we have not yet found a way to figure out the working of a human mind.
Machine learning
Now, let’s understand what machine learning is. Machine learning is a method of achieving AI. It is a way of teaching computers to learn from data without being explicitly programmed. In machine learning, algorithms are used to identify patterns in data and make predictions or decisions without being explicitly programmed to perform the task. It is important to understand that achieving 100% accuracy from a machine learning algorithm is not realistic. If an algorithm is able to achieve near 95% accuracy, then that machine learning algorithm is good enough to deploy. But this much accuracy should be achieved on a significant amount of testing data. This technology basically works on the concept of A to B mapping in which the machine is first fed with the data of both the inputs and the outputs, and at the testing stage it is asked to complete the task by inputting A for which it gives the outputs, which are B. For example, if a machine learning algorithm is fed data on which emails are spam and which are not, we must first provide input of both types of emails and tell it which is the spam mail and which is not, and then at the testing stage, we will enter a mail and the machine will output if it is a spam mail or not based on the data that was given to the algorithm.
Deep learning
Now that we have understood what artificial intelligence and machine learning are let’s understand what deep learning is. It is a type of technology that is used in machine learning. It is a technology for building and training large neural networks, which enables the machine to accomplish the task for which such a network is built. This technology was built with inspiration from how the human brain works, but their working processes are completely unrelated.
Data science
Now let’s briefly understand what data science is. Data science is a field that uses scientific methods, processes, algorithms, and systems to extract knowledge and insights from structured and unstructured data. It involves the collection, cleaning, analysis, and interpretation of data, as well as the use of various techniques such as statistical modelling, machine learning, and visualisation to extract meaningful insights. This, in turn, helps in making informed decisions.
Legal tasks which can be automated
Now that we have understood how these technologies work at their root level and what kind of tasks we can automate in order to decrease the time consumed, which in turn can improve the situation of humankind, let’s try to understand which are the tasks in the legal industry that can be replaced by these technologies.
Legal research
In the legal profession, precedents are of utmost importance. In law offices, lawyers and interns are busy researching precedents where similar issues were discussed in superior courts. The decisions given and the interpretations of the senior-level judiciary can help them prove their point in a much easier and more effective way. This can save a lot of time, and the problem of delayed delivery of justice can be solved in much less time.
The legal research is basically done by providing keywords to the software and then analysing the various search results it provides to reach a similar conclusion. This task in the legal industry can be automated, saving a lot of time and energy, which in turn can help humankind.
To solve this problem, we will have to make the computer learn from the data from the “Keywords” and the desired results, and then at the trials, we will have to input the problem, and it will give us the results based on the previously fed data.
Although these results are fairly accurate, they cannot be completely relied upon, and as law is a profession of trust and conviction, these results will have to be reviewed to some extent.
Reviewing contracts
In today’s world, where there is a boom of entrepreneurship and people are eager to start new companies that provide very feasible solutions to real-world problems, the founders most of the time struggle to handle the legal side of their operations, in which they have to contract with many other stakeholders on a regular basis through written contracts. In real life, the complete life cycle of signing a contract can sometimes become very tedious as it requires a lot of negotiation and vetting of the legal documents. This time duration of a contract life cycle can be reduced, which can make this whole procedure very much streamlined and can save a lot of time for lawyers so that they can help more and more clients in a short amount of time.
The main thing that can be done to automate this part of the legal industry is to create AI systems that can automatically absorb proposed contracts, examine them properly by adopting natural language processing (NLP) technology, and decide which aspects of the contract are fine and which parts may pose a problem.
Due diligence
The main task when a corporate transaction takes place is to work on due diligence. In this task, law offices work on behalf of their clients to check the past history and the paper trail of the other party they are dealing with. It involves checking for certain things, such as any past litigation, and if they are found, they have to be discussed, and then any further decision is made to take the deal forward.
This task can be very well managed with the use of technology by automating it and standardising what needs to be checked and where it needs to be checked.
Contract analytics
One study estimates that poor processes for contract management cost businesses 9% of their annual revenue. This clearly indicates that the lack of an effective mechanism for contract analysis is a big enough problem that it is causing hindrances to businesses in scaling their operations. These issues can be very effectively solved by the introduction of Artificial Intelligence.
AI software can significantly reduce the amount of human power required to update and edit contracts to reflect the specific agreement between two parties, which, in turn, will also lead to effective time management. Every issue regarding the updation and novation of an agreement can be very well solved using machine learning and language analytics by using the A-to-B mapping systems.
Litigation prediction
Most of the time, when the lawyers are interacting with the clients regarding a litigation suit, one of the prominent questions the clients have is regarding the chances of winning the case. Lawyers make predictions about the outcome of litigation based on their experience and understanding of human psychology. Sometimes people just file a suit for the sake of it. These suits can be reduced if we have a mechanism that can predict the outcome using the judgments given in similar cases previously. This can significantly reduce the number of cases filed and, hence, reduce the burden on the judiciary.
Assisting in registration of intellectual properties
Nowadays, people are innovating new things and starting new ventures. To secure their innovation and to create an innovative business, it is very important for the inventors and founders to secure their innovation by way of patents, trademarks, and copyrights. This task mostly requires a lot of past checking and a lot of paper trail. This system can be very efficiently automated, and a lot of human energy and time can be saved by feeding the machine the data about all the granted intellectual property and, on that basis, letting the machine decide whether it can be granted or not.
AI chatbots
Sometimes, lawyers are too busy representing their clients in court and don’t have much time to sit with their clients and solve every single issue. This problem of their clients can be solved by the AI chatbot, which can be an integration of 2-3 projects such as litigation prediction, assisting in the registration of intellectual properties discussed earlier in this article, and on the basis of that, the system can generate customised answers for some specific questions that are common for most of the clients and help them get answers for the questions, which can help them calm their nerves because sometimes they can be quite nervous while handling legal suits.
Current projects working on automating legal industry
Now that we have learned about the working and application of Artificial Intelligence and other technologies and how they can automate tasks in the legal industry let’s take a look at some of the projects that are solving these problems with the help of these technologies.
Smith.AI
This is a startup that has tried to assist law offices by providing them with a “virtual receptionist” with the help of an AI chatbot that helps in logging and transferring the calls that a law office receives on a daily basis. It is an outsourcing service that provides services to lawyers in their region.
Casetext
This software works towards providing automated legal research to lawyers in just one click. This allows them to spend more time preparing their arguments, counselling their clients, and performing other tasks that only human intelligence can perform.
Diligen
This software assists law offices in doing due diligence by automating the process to some extent. This software employs machine learning technology to examine contracts for specific clauses, provisions, or changes, as well as to generate a quick and convenient summary of the clauses in the documents.
Conclusion
Artificial Intelligence is a reality today. It cannot replace human beings but can assist them in various tasks that they do on a daily basis. All tasks in which decision-making depends upon some kind of pattern recognition and which are quantifiable in any manner, meaning Artificial Intelligence can replace some of the tasks which are dependent on the Intelligent Quotient (IQ), but today’s standards of technology cannot replace the tasks which require Emotional Quotient (EQ). The reason behind this is very simply explained by a quote by Yuval Nova Harari:-
“Humans think in stories rather than in facts, numbers, or equations, and the simpler the story, the better.”
This uniqueness in our thought patterns cannot be accommodated by current technology, and law as a profession deals with people’s emotions as well as their psychology. This means that most tasks cannot be replaced by current technology, but current technology can help us develop some tools that can help us deliver value to our clients and create more time value for ourselves and our clients.
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This article is written by Ms. Sushree Surekha Choudhury from KIIT School of Law, Bhubaneswar. The article gives a detailed description of Section 186 of the Companies Act, 2013 which is famously known as “inter-corporate loans and investments.”
Who has watched the show Shark Tank India/US? The show is well known for being a helpful platform for new companies and their founders to raise loans from investors. These investors usually personally make these investments. Imagine the same situation, but this time the investments are made from the investor company’s funds to another company that wishes to raise investment. These investments from one company to another or among companies are known as inter-corporate loans and investments. As the name suggests, this flow of funds from one company to another can either be in the form of an investment in exchange for equity in that company or in the form of debts at a fixed rate of interest for a predetermined tenure. These transactions can be tricky and pose risks. To mitigate risks and to establish a transparent framework for inter-corporate loans and investments, they are regulated under the provisions of the Companies Act, 2013. Section 186 of the Companies Act, 2013 deals with inter-corporate loans and investments and the provisions related to them. This section puts limits and restrictions on these inter-corporate loans and investments and provides a procedural framework for doing so.
In this article, we will understand everything about these provisions of Section 186 of the Companies Act, 2013 and all the related provisions, such as the disclosure requirements, limits on investments, etc.
Section 186 of the Companies Act 2013: overview
Inter-corporate loans and investments are governed under Indian investment laws. Companies often indulge in investing in other companies or giving them loans. This is known as inter-corporate loans and investments. The provisions for these inter-corporate loans and investments are provided and regulated under Section 186 of the Companies Act, 2013. A company can give loans and guarantees, acquire shares or make other forms of investments in other companies after obtaining the approval of their shareholders and fulfilling necessary requirements and regulatory compliances. Companies mandatorily need to comply with the provisions of Section 186 of the Companies Act, 2013, during making inter-corporate loans and investments.
Let us chronologically understand the arrangement of provisions of Section 186 of the Companies Act, 2013.
Section 186 (1): layers of investment
The purpose behind articulating Section 186 of the Companies Act, 2013 is to regulate the manner and limit of giving loans and making investments by one company to another. This regulation was needed to prevent excessive loans or investments and dilution of shares and to protect the stakeholders’ and owners’ interests in the market. Thus, Section 186(1) of the Companies Act, 2013 talks about “layers” of investment. The provision of Section 186(1) states that a company is not permitted to make investments beyond two layers of investment companies. “Two layers of investment companies” mean a flow of investment from a holding company to its two layers of subsidiaries.
For instance, suppose company A is the holding company of company B. Company B is a subsidiary company. Further, company C is a subsidiary company of company B. Thus, when company A makes an investment in company B, it is the first layer of investment for company A. If this investment further flows to company C, it will be considered as the second layer investment of holding company A. This covers two layers of investment for company A and so, it cannot make further layers of investments. For the purpose of understanding, layers in reference to a holding company mean a subsidiary or subsidiaries, as mentioned in Section 2(87) of the Companies Act, 2013. An “investment company” refers to a company whose primary business model is in the form of acquisition of shares, securities, debentures, etc., subject to certain sectoral caps, as has been aligned with the provisions of NBFC Company as per RBI norms by Companies (Amendment) Act, 2017.
However, there are exceptions to this general rule of two layers. Section 186, clause (1), sub-clause (i) and (ii) talk about these two exceptions. The first exception to the two layers rule is that a company in India can acquire shares and invest in more than two layers in an investment company incorporated outside India, wherein the domestic laws permit such additional layers of investment. This investment shall not be barred from the two layers restriction of Indian laws as the investment company is incorporated and functions outside India. The other exception to the two layers restriction is when having such additional investment subsidiary layers is essential for an investment company in compliance with any regulation or rule of law.
Section 186 (2): limits on loans, guarantees, investments and securities
Section 186 (2) talks about the limitations and sectoral caps put on these inter-corporate loans and investments. The purpose behind adding limits with respect to inter-corporate loans and investments in the Companies Act, 2013 is to maintain a balance and control on investments made or loans given to investment companies. Section 186 (2) puts a limit on loans, guarantees and investments to any person, company or other body corporate, directly or indirectly. These limitations are on all forms of capital expenditure, such as loans, investments, guarantees, or acquisition of shares and securities. Thus, as per the provisions of Section 186 (2) of the Companies Act, 2013, loans or investments of any form shall not be made:
In excess of 60% of its paid-up share capital, free reserves, and securities premium account combined, or
100% of its free reserves and securities premium account combined.
The investing company may choose either of the two alternative limits while making investments or giving loans. It is noteworthy that the two layers of the investment rule are applicable to investment companies. However, investments can be made to body corporates as well, by way of the acquisition of shares and securities by way of subscription or purchase. But the company through which this investment may flow to a body corporate has to be an investment company and the two layers rule is applicable to two layers of such investment companies. Therefore, suppose ABC Ltd. makes an investment in PQR Ltd., which further makes an investment in MNC LLP. This MNC LLP holds shares of another XYZ Ltd. In this case, ABC Ltd. has not violated the two layers of investment rule articulated under Section 186 (1) of the Companies Act, 2013 since the two layers have to be two layers of investment companies for the limitation to hit.
Important terms used in this clause:
For the purpose of this clause of Section 186, “person” does not include an individual who is an employee of the company.
Further, for the purpose of this section, “free reserves” mean the amount in the bank or reserves of the company which is free to be distributed as dividends as per the latest audited balance sheet of the company. This includes the balance credited or to be credited to the securities premium account. However, this amount does not include the amount due or reserved for the share application.
Further, for the purpose of Section 186 (2), the word “other body corporate” includes body corporates other than a company. A body corporate, as defined under Section 2(11) of the Act, is an inclusive definition. However, this definition of a body corporate includes a corporation incorporated outside India but does not include:
A cooperative society registered under any law relating to cooperative societies in India, or
Any other body corporate that the Central Government may have specifically barred.
In Section 186, the definition of “securities” includes bonds, debentures, warrants, derivatives, or any other kind of marketable securities. This definition is in accordance with the meaning of “securities” under the provisions of the Securities Contracts (Regulation) Act of 1956.
An “investment company” for the purpose of Section 186 refers to companies that indulge in the following activities:
Subscription or purchase of shares.
Subscription or purchase of share warrants.
Subscription or purchase of debt securities like debentures or bonds.
The activities that are not considered as “investment” under Section 186 are:
Giving loans or making advances.
Other financial transactions, such as giving leases, credit facilities, etc.
The term “infrastructure facilities” used in this section refers to facilities specified under Schedule VI of the Companies Act, 2013.
Legal requirements under Section 186
Requirement 1: board’s approval
When the approval of the board is required
When a company makes an investment in any other company or gives out loans, it is a legal requirement under the provisions of Section 186 to obtain the prior approval of the investment company’s board of directors. Obtaining the approval of the board is a mandatory requirement irrespective of the amount of loan, the form of investment, or where the number of layers is more than two layers of investment.
For any proposal to take practical form, the unanimous approval of the board of directors is necessary. It is only when a unanimous resolution is passed in a board meeting that the proposed plan of investment can be said to be approved. Such a meeting must be conducted in the presence of all the directors of the company and each one of them must have given their consent to the proposal put forth to them. This cannot be substituted by passing a resolution by circulation or a resolution by the committee of directors. Board’s approval has to be mandatorily obtained in the prescribed manner.
Power of the board of directors
The board of directors are vested with special powers in determining the company’s affairs. They enjoy and exercise their power of discretion and decision while approving inter-corporate loans and investments as well. A meeting of directors is scheduled where the board has the power to decide to:
Give loans or make investments in another company or body corporate.
Give guarantees, or provide security against any loan given to a company or body corporate.
Acquire shares and securities by subscription or purchase of shares in another company or body corporate.
It is essential for a company to obtain approval from all the members of the board before indulging in any of these aforementioned activities. The presence and consent of all the directors in a meeting of directors must be obtained. However, the board can consent to proposals only up to the prescribed limit as specified under Section 186 (2) of the Companies Act 2013. Whenever the limit is proposed to be exceeded, approval of the members of the company has to be obtained in a general meeting through a special resolution. Only then the board of directors can consent to such an exceeding amount and execute the proposal.
Requirement 2: approval of members
Section 186 (3): when the approval of the members is required
Additional to obtaining the approval of the board of directors, Section 186 (3) also mandates the approval of the members of the company to be obtained by way of a special resolution in cases where the amount of loan, investment, guarantee, or the acquisition of shares and securities exceeds the limit that has been set forth under the provisions of Section 186 (2) of the Companies Act, 2013. A general meeting has to be conducted for this purpose where the details of the proposed loan or investment structure are to be discussed.
The company that wants to make investments, give loans, or acquire shares and securities by spending more than the amount which is permitted by the provisions of Section 186 (2) has to obtain the approval of the board of directors, discuss it with the members of the company and pass a special resolution in favour of the motion. It is only when the proposed plan is approved by a special majority that the company can go forward with the investment. A special resolution has to be passed in a manner specified and in accordance with the provisions of Section 114 of the Companies Act 2013. A special resolution is said to have been obtained when 75% of people present and voting have voted in favour of the motion. The special resolution approval of the members of the company is necessary only when the limit specified by Section 186 (2) is exceeded.
To facilitate this special resolution, a proposal is made to the members in a general meeting to secure their votes in favour of the proposal. This proposal must contain all necessary details such as:
The total amount till which the board is already authorised to make investments, give loans, or acquire shares and securities in another company by spending the company’s reserves. This has to be specified as a figurative value.
Further, the resolution should specify the amount exceeding this authorised amount that the company wishes to use.
Company in which the investment is proposed to be made.
The reason for exceeding the limit.
Such other details as may be required.
When these details are read out in the general meeting and after all the queries and concerns of the members have been addressed, voting is conducted. If the resolution is agreed upon and consented to by a special majority, i.e., 75% of members present and voting vote in favour of the motion, the resolution is said to have passed. Thereafter, the company can go forward in its pursuit of making investments exceeding the regulatory limit.
Passing a special resolution is not necessary in the following cases:
When the investments, loans, guarantees, or acquisition of shares and securities are within the limit specified under the provisions of Section 186 (2) of the Companies Act 2013, passing a special resolution is not essential.
When the loans given or investments made are to a wholly owned subsidiary of the investment company, the company does not need to pass a special resolution of its members.
When the loans given or investments made are to a joint venture company (JVC) of the investment company, the company does not need to pass a special resolution of its members.
When a guarantee is given or security is provided to a wholly owned subsidiary, or venture company (JVC) of the investment company, the company does not need to pass a special resolution of its members.
When a holding company acquires securities in its wholly owned subsidiary by means of purchase or subscription of shares, the investment company does not need to pass a special resolution of its members.
One exception to this requirement of obtaining special resolution of members of the company does not apply to specified IFSC public and private companies if a resolution is passed by the company in a meeting of the board or by circulation.
Requirement 3: disclosure requirements
Section 186 (4): disclosure in financial statements
Section 186 (4) talks about the mandatory disclosure requirements under the Companies Act 2013 in inter-corporate loans and investments. This provision is made in alignment with the interests of members of the company. It ensures that transparency is maintained and members are well informed about the financial activities of the company. Therefore, for maintaining clarity and transparency, the disclosure requirements as per Section 186 (4) mandates the company to disclose the following information to their members in their annual financial statement:
The particulars and full details of the loans given, investments made, guarantees granted, or securities provided through channels of inter-corporate loans and investments. The particulars will contain details of the amount of investment, the company invested in, layers of investment made, and all other relevant details.
The financial statement must also contain the purpose for which the loan was given, investment was made, security was provided or guarantee was given to that company. This is the proposed utility model of the company that raised the loan or investment.
Such other disclosures that the board may deem fit.
Disclosure requirements shall also be fulfilled while preparing the proposal for the general meeting. The notice for the general meeting shall disclose the following information:
The excess to which investments, loans, guarantees or securities are made by the company to the provided limit.
A further limit that is essential to determine in excess of the prescribed limit.
The particulars and details of the company or body corporate in which the proposed investments will be made, loans will be given, securities will be provided, or guarantees will be given.
The purpose for such investment, loan, guarantee, or security.
The source from which such investment, loan, guarantee, or security will be provided when it exceeds the prescribed limit.
All other details as may be required.
Requirement 4: approval of public financial institutions
Section 186 (5): PFI approval
We have already discussed the requirement of obtaining the approval of all the directors of the board before making an investment, loan, guarantee, or security. After obtaining this approval of the board, Section 186 (5) further makes provisions for obtaining the approval of the concerned public financial institution where any term loan is subsisting. When a company has taken a term loan from a Public Financial Institution, the prior approval of that Public Financial Institution and all of them, if there are more than one, before giving loans, investments, guarantees, or securities. This is a mandatory provision under Section 186 (5) as it helps to provide a deciding power on the Public Financial Institution whose money is at stake. The company which has taken loans from a Public Financial Institution has to take their prior approval before rolling this money further in making investments or giving loans to other companies or body corporates. However, this mandate applies when the investment company is proposing to go beyond the prescribed limit of investment and is in the process of obtaining the approval of members and the board of directors for the same.
Therefore, the mandatory requirement of obtaining the prior approval of the Public Financial Institution does not apply when:
The loan, investment, guarantee, or securities collectively does not breach the prescribed permissible limit as per the provisions of Section 186 (2) of the Companies Act 2013.
Obtaining the Public Financial Institution’s approval is also not required when the company has maintained good credit with the public financial institution by making no defaults in payment of installments or interests due to the Public Financial Institution. When the company has complied with all the terms and conditions of the term loan of the Public Financial Institution, obtaining their approval becomes an optional requirement.
Section 186 (6): SEBI-registered companies
While Section 186 of the Companies Act 2013 has prescribed detailed and mandatory limits on inter-corporate loans and investments, there lies an exception. The Securities and Exchange Board of India is the regulatory body in India that governs affairs of investments in the securities market and persistently aims to protect the interests of investors and other stakeholders in the securities and capital market in India. SEBI is the regulatory body that works under the guidance of the provisions enshrined in the Securities and Exchange Board of India (SEBI) Act of 1992.
The Companies Act, 2013 and the Securities and Exchange Board of India (SEBI) Act, 1992 work in cooperation and coordination without overlapping or infringing the provisions of the respective counterparts. In this regard, the provisions for inter-corporate loans and investments enshrined under Section 186 of the Companies Act, 2013 make an exception for companies registered under the SEBI. When a company falls within the ambit of a company registered with the SEBI under Section 12 of the Securities and Exchange Board of India (SEBI) Act of 1992, it is not restricted by the regulatory limitations of Section 186 (2) of the Companies Act, 2013.
A company registered under Section 12 of the Securities and Exchange Board of India (SEBI) Act of 1992 can make inter-corporate loans and investments beyond the limits of Section 186 (2) of the Companies Act, 2013 by disclosing them in their annual financial statements. The benefit of these provisions extends to all the companies registered under Section 12 of the Securities and Exchange Board of India (SEBI) Act of 1992, as well as to those companies or classes of companies as may be prescribed by the SEBI from time to time.
Requirement 5: rate of interest determination
When a company gives loans to another, it fixes a particular percentage of interest that the company taking the debt must pay on the principal amount. This percentage is usually fixed for different tenures. For instance, the tenure or period for which the debt is given is also predetermined and is usually in a multiple of two, five, or otherwise.
As per the provisions of Section 186 (7) of the Companies Act 2013, this rate of interest on loans or debt is fixed as per the prevailing market rate of interest of 1 year, 3 years, 5 years, or 10 years equivalent of government securities. Thus, when an inter-corporate loan is given for a period of 5 years, the rate of interest at which it will be given will be the same as the 5 years government security rate of interest. Even if the inter-corporate loan is given for a period of 4.5 years, the rate of interest will be similar to the 5 years government security rate of interest since that is the closest equivalence.
Requirement 6: no continuing defaults
Section 186 (8): subsisting defaults restriction
Section 186 (8) of the Companies Act 2013 puts a restriction on companies that have made any defaults in the past and those defaults are subsisting. This provision applies to a company that has previously accepted any deposits as investments or loans in the past and holds these deposits currently or held them in the past. The legal requirement of this provision of Section 186 arises when a company eventually made defaults in the repayment of these debts, their installments or interests and these defaults subsist. As per the provisions of Section 186 (8) of the Companies Act 2013, when a default in deposits subsists, the company cannot make further investments or give loans to other companies or body corporates. Thus, to be eligible to indulge in inter-corporate loans and investments, a company must not have any subsisting defaults in deposits towards another. Therefore, if a company has subsisting defaults, it is essential to first clear these defaults before being able and eligible to make investments, give loans, or acquire shares and securities in another.
Section 186 of the Companies Act 2013: non-applicability
The provisions of Section 186 of the Companies Act 2013 are general provisions applicable to companies operating in India. However, there are a few exceptions to their applicability which are discussed in sub-section (11) Section 186. Section 186 of the Companies Act 2013 is not applicable in the following cases:
The restrictions of Section 186 are not applicable to government companies that are engaged in defence-related activities and productions.
The restrictions of Section 186 (except sub-section 1) are not applicable to a banking company giving loans, making investments, giving guarantees, or acquiring shares and securities in their ordinary course of business.
The restrictions of Section 186 (except sub-section 1) are not applicable to an insurance company giving loans, making investments, giving guarantees, or providing security in their ordinary course of business.
The restrictions of Section 186 (except sub-section 1) are not applicable to a housing finance company giving loans, making investments, giving guarantees, or providing security in their ordinary course of business.
The restrictions of Section 186 (except sub-section 1) are not applicable to a company giving loans, making investments, giving guarantees, or acquiring shares and securities in their ordinary course of business of financing other companies or engaging in providing infrastructural facilities.
The restrictions of Section 186 (except sub-section 1) are not applicable to the shares of any company allotted as per the provisions of Section 62 (1) (a) of the Companies Act 2013.
Maintaining register for loans, investments, guarantees, or securities: Section 186 (9) and (10)
Every company indulging in inter-corporate loans and investments must prepare and maintain a register with entries of such loans, investments, guarantees and securities. This register shall be updated by the company at regular intervals and all the recent loans, investments, guarantees, or securities provided by the company shall be entered into this register with the latest details. These entries shall be accompanied by relevant particulars in the manner specified under Section 186 (9) and (10) of the Companies Act 2013 as well as the constitutional documents of the company.
As per the provisions of Section 186 (9) and (10) of the Companies Act 2013, this register shall be kept available at all times in the registered office of the company and be open for inspection. Members of the company can obtain a copy of the register in a prescribed manner by paying the prescribed fees. The members can also take out extracts of the register by paying prescribed fees.
This register shall be maintained in Form – MBP 2. It shall be made and maintained with immediate effect right from the day of incorporation of the company. Since the day of its creation, it shall be maintained permanently and updated regularly. The register is maintained under the custody and supervision of the Company Secretary of the company, who shall ensure that all regulatory and sectoral standards and adhered to. The Company Secretary or any other authorised individual shall ensure that the entries of the register are true and accurate information. For ease of doing business, the register may either be maintained manually or in electronic mode.
Procedure for making inter-corporate loans and investments
Inter-corporate loans and investments are regulated and monitored by the provisions of the Companies Act, 2013 as well as different authorised bodies and individuals. For this purpose of inter-corporate loans and investments, a definite procedure must be followed. Every company that wishes to make inter-corporate loans and investments need to go through the route of this well-defined systematic procedure. Let us understand this procedure step by step:
Step 1
The very first thing that a company that wishes to indulge in making inter-corporate loans and investments needs to do is ensure that the loans given, investments made, or securities provided by them are within the prescribed threshold limit of Section 186 (2) of the Companies Act, 2013. In case the company aims to breach this threshold limit, it first has to undergo all the necessary requirements under the provisions of Section 186 by obtaining a special resolution of the members of the company along with the consent of all the directors of the company. The company also needs to obtain approval from any Public Financial Institution from whom they have secured loans, if any.
Step 2
For completing step 1, a meeting of all the directors of the company must be arranged. A notice is to be sent to all the directors, calling for the meeting. A board resolution must be passed with the presence and consent of all the directors of the board in favour of the proposed loan or investment. Obtaining the board’s approval is required whether or not the company is breaching the threshold of Section 186 (2) of the Act.
Step 3
After obtaining the approval of the board of directors and passing the board resolution in the prescribed manner, a special requirement in case the loan or investment breaches the threshold is to be met. A meeting of members of the company will be arranged to obtain their approval of exceeding the threshold. A notice is sent to all the members of the company with essential particulars and with the date, time and venue of holding the general meeting. In this meeting, the quorum must be met and the proposal must be approved by passing a special resolution (approval of 75% of people present and voting).
Step 4
After passing the board resolution and the special resolution of members of the company (if applicable), approval of any involved Public Financial Institution is to be obtained. This provision is conditional and applies when the company holds an ongoing debt from any PFI. Further, obtaining this approval is not mandatory if the company has made no defaults in payment of instalments or interests to the PFI or when the proposed investment is well within the threshold of Section 186 (2) of the Act.
Step 5
After obtaining all the necessary approvals, a copy of the special resolution of the company will be filed in Form No. MGT -14 with the prescribed fees as per the Companies (Registration of offices and fees) Rules, 2014 to the Registrar of Companies. This copy must be submitted in the prescribed form and with the prescribed fees within 30 days from the day of passing the special resolution. All the additional documents that are required to be submitted shall be attached to this copy while submitting. All these procedural requirements are to be met before a company can go forward with giving loans, investments, guarantees, or securities to another. While doing so, the two layers mandate must be adhered to without any exceptions unless it is expressly allowed by the domestic laws of the country where the company or body corporate where investment will be made resides. For the companies incorporated and operating within India, complying with the two layers restriction as per Section 186 (1) of the Act is a mandatory provision.
Step 6
The aforementioned requirements must be met before a company makes an investment, gives a loan, provides security, or acquire shares of another company. After meeting these requirements, the company executes their proposed investment plan. When the investment is made, a loan is given, security is provided, or shares of another company are acquired, certain procedural requirements follow. These requirements are met in the post-investment stage. These steps ensure that the data of the companies are appropriately preserved and transparency is maintained. These provisions protect the interests of the investors and other stakeholders of the company. Thus, the post-investment requirement consists of disclosure requirements and mandates.
Step 7
After the inter-corporate loans and investments have been facilitated, the company needs to create and maintain a register with entries containing all the updated details with important information and particulars related to any or all of the inter-corporate loans and investments made by the company. Entries will be made in a chronological manner with the updated details of each entry. This register will be maintained in Form MBP – 2. The register will be made available at the registered office of the company for inspection or taking copies or extracts whenever required, in a prescribed manner after the payment of prescribed fees.
Step 8
The details of all the transactions made by a company, loans given, investments made, securities provided and shares acquired by them shall be disclosed in the financial statement of the company for that financial year. It shall entail details like the rate of interest at which the loan is given or the term for which the security is provided. The financial statement shall disclose all such inter-corporate loans and investments made by the company, the entities in which they are made and the reasons or purpose for which it is made. It is also the duty of the directors and members to ensure that the rate of interest is equivalent to a similar tenure of government securities.
Step 9
When a company has made an investment, given a loan, or used up the company’s reserves in providing securities and acquiring shares of a company in excess of the threshold mentioned in Section 186 (2), the financial statement should also contain the details of these transactions, such as the amount used in excess, the purpose for which the threshold is exceeded and the utilisation model of the company to which this amount is transacted.
Step 10
It is also a procedural requirement for the company making inter-corporate loans and investments to check and ensure that they have repaid all their subsisting debts and that there is no subsisting defaults on their part. A company with subsisting defaults arising due to failure in timely payment of installments or interests cannot further make inter-corporate loans and investments. The investment company must scrutinise their own records.
Step 11
When the company has fulfilled and complied with all the mandatory requirements for making inter-corporate loans and investments as per the provisions of Section 186 of the Companies Act, 2013, the company must finally keep track and record in the register the status of subsisting loans and investments made by them. This again ensures that the interests of the company’s stakeholders are not hampered due to any default on the part of the companies that have raised loans or investments from the investing company.
Contravention of Section 186 of the Companies Act 2013: Penalty
Just like any other contravention, contravention of Section 186 of the Companies Act 2013 also attracts penalties. Provisions for penalties are mentioned in sub-section (13) of Section 186. This section provides punishment (penalty) in two forms: penalty for contravention by companies and penalty for officers responsible for such contravention.
When a company contravenes any provision of Section 186 of the Companies Act 2013, the company can be penalised with a minimum fine of Rs. 25,000/- which may go up to Rs. 5,00,000/- and the officer or every officer in default will be individually sentenced to imprisonment of two years (maximum) as well as fine of Rs. 25,000/- which may extend to a maximum of Rs. 1,00,000/- depending upon the grievousness of the contravention.
Conclusion
India is a hub for innovation and entrepreneurship is at a boom. The sway of newly formed companies is seen every day. These innovations and startup companies require funds for their running and administration. There are also many pre-existing companies whose functioning requires huge CapEx (capital expenditure). To fulfill these needs and gain profits from them, companies frequently indulge in giving and taking inter-corporate loans and investments. One company gives loans or makes an investment in another, or acquires shares and securities in them, which in turn helps them make profits from the business and revenue of the company they invested in. this ecosystem helps both companies and creates a win-win situation for both which in turn booms the capital market. Since this method of inter-corporate loans and investments is so frequent in India, it is essential to be regulated. For this purpose, the Companies Act, 2013 makes provisions under Section 186. Section 186 of the Companies Act, 2013 makes provisions for inter-corporate loans and investments, the mandatory requirements that a company must follow and the procedural requirements. It also mentions the conditions under which a company can or can not make inter-corporate loans and investments. Section 186 focuses on disclosure requirements to be complied with by the company in order to uphold the stakeholders’ and investors’ interests in the market. Corporate fraud of high scale is a subsisting risks in the market and they swipe away huge capital and give rise to other risks and losses. Therefore, it is essential to regulate the sector and areas which are prone to such risks. This is why Section 186 of the Companies Act, 2013 was framed. It helps mitigates risks by maintaining transparency.
Frequently Asked Questions (FAQs)
Can an inter-corporate loan be interest-free?
No, a loan given to a person, company or body corporate cannot be lower than the prevailing yield rate of interest of government securities of similar tenure.
What is the type of transactions that are covered within the ambit of inter-corporate loans and investments?
Inter-corporate loans and investments under Section 186 of the Companies Act, 2013 consist of the following types of transactions:
Loans given by a company to any person, company or body corporate.
Investments made by a company to any person, company or body corporate.
Acquisition of shares by a company in any company or body corporate.
Securities or guarantees provided by a company to any person, company or body corporate.
Will a loan given to any individual also be regulated by Section 186?
The ambit of Section 186 extends to any ‘person,’ company or body corporate. Therefore, if an investment company gives a loan to any individual at a prescribed rate of interest, it will be considered as a form of an inter-corporate loan.
Will an investment in mutual funds be considered an investment under Section 186?
SEBI regulations suggest that a mutual fund cannot be categorised as a person, company, or body corporate since they are managed by trusts. Therefore, mutual fund investments cannot be treated as an investment under Section 186. An exception to this general provision is for ‘Unit Trust of India’, which is constituted, registered and functions under the UTI Act as a body corporate.
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This article is written by Anushka Singhal from Symbiosis Law School, NOIDA. This article sheds light on Section 11 of the Prevention of Cruelty to Animals Act, 1960, and the changes needed therein.
It has been published by Rachit Garg.
Table of Contents
Introduction
Both animals and humans inhabit this planet. As the most intelligent living beings on this planet, it becomes our responsibility to conserve the other species existing on it, animals being one of them. InN.R. Nair v. UOI, 2001, the Kerala High Court emphasised that welfare of animals should be considered of paramount importance. Thus, to prevent and punish cruelty against animals, the Prevention of Cruelty to Animals Act was enacted by the legislature in 1960. Section 11 is one of the essential sections of this act. It lists down the acts which would be considered cruelty to animals and also mentions the punishment for the same. But the recent incidents have brought to light the inadequacy of this section to curb cruelty against animals. In November 2022, a group of students killed a pregnant dog by beating it. This act of beating was a horrific act that garnered hate from all across the country. People demanded strict action against these students who committed such an inhumane act. But to our astonishment, these boys could only be subjected to a fine of Rs. 10-50 as per Section 11 of the Prevention of Cruelty to Animals Act, 1960. This article delves deeper into this Section, brings out its inadequacy, and recommends reforms to be conducted.
The objective of the statute
The Prevention of Cruelty to Animals Act of 1960 was enacted to curb the infliction of suffering and unnecessary pain on animals. Mahatma Gandhi once said, “the greatness of a nation is judged by the way it treats its animals.” Currently, animals are employed in a wide variety of economic activities, like carrying goods, conducting research, making products, etc. We, humans, can take whatever work they want from these animals, as they are mute spectators who cannot resist us. So to stop the unnecessary cruelty inflicted upon animals, this legislation came into force. This statute provides for creating an animal welfare board in the country to prevent cruelty against animals. Currently, there is no international treaty on the welfare of animals, but different countries have their own laws, the Indian Prevention of Cruelty to Animals Act 1960 being one of them.
Section 11: what does it entail
Section 11 of the Prevention of Cruelty to Animals Act, 1960, defines what entails cruelty to animals and prescribes punishment for the same. Following are the acts which constitute cruelty against animals-
Whoever beats, tortures, overdrives, kicks, or overburdens an animal and causes pain and suffering to him, either being the owner or not.
Employs any unfit animal to be used or permits the employment of such unfit animal. The animal is considered to be inappropriate if it is old, infirm, injured etc.
Administers or permits the administration of any harmful drug to such animals.
Conveys the animal in a vehicle or otherwise in a manner to inflict unnecessary suffering or pain upon him.
Keeps the animal enclosed in an area insufficient for him.
Keeps an animal chained unnecessarily and heavily.
Being an owner neglects to exercise the dog who is chained or confined.
Does not provide sufficient food or water to the animal
Abandons any animal to make him suffer
Being an owner abandons an ill animal on the streets
Offers for sale an injured or sick animal
Mutilate any animal
Confine an animal for the purpose of entertainment in which they make the animals fight with each other or make one the prey of other
Make animals take part in shooting competitions and captivate them for the same.
Any person who commits any of the following acts of cruelty for the first time will be punished with a fine of Rs. 10-50. In the case of a second or subsequent offence committed within three years of the previous offence, with a fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both. Certain activities mentioned in this Section are not included within the ambit of cruelty; these are considered to be for the benefit of the animals and society itself and are thus, excluded. The offences mentioned in this Section are classified into cognizable and non-cognizable offences. The acts of mutilating and confining animals for entertainment or competition purposes are cognisable offences as per Section 31 of the PCA.
Important judgments
This Section was interpreted in the case of Bali Parida v. Nira Parida, 1969, wherein the Odisha High Court held that beating under Section 11 is not punishable unless it causes unnecessary pain and suffering to the animal. That means if I beat a dog to shoo it away, then it would not be considered beating, as per this Section.
The landmark judgment ofAnimal Welfare Board of India v. A. Nagaraja, 2014, explains Section 11 and the whole statute effectively. In this case, the Hon’ble Supreme Court allowed the killing of irretrievably ill or mortally wounded stray dogs and also explained the concept of unnecessary pain as mentioned under Section 11. If the suffering caused to the animal is for its own benefit, for human benefit or for the use of the property, then the same should not be made punishable. In this case, the jallikattu sport was banned as the Court held that the sport violated Section 3, Section 11(1)(a), Section 11(1)(m), Section11(1)(n), and Section 22 of the PCA (which relate to competitions or matches between animals wherein animals are made to fight or perform).
Moreover, the act of rubbing some solution into the eyes of the bulls during the sport was found to be a violation of Section 11(c), i.e., administering drugs to animals. Keeping the bulls confined in cages was found to be a violation of Section 11(f).
The ruling in Compassion Unlimited Plus Action v. Union of India, 2016, also made clear that any unnecessary pain or suffering inflicted upon an animal would come under the ambit of Section 11. Several writ petitions under Article 32 were filed against the notification published by the Union of India on January 7, 2016, specifying bears, monkeys, tigers, panthers, lions, and bulls as not to be exhibited or trained as performing animals. Usually, we observe that animals are often ruthlessly transported in trucks. They are stuffed like toys inside these trucks, which are not even the proper size for these animals. Such acts were found to be an infliction of cruelty upon animals under Section 11(1)(e) of the PCA by the Maharashtra High Court in the case of Krushi Goseva Sangh v. State of Maharashtra, 1987, and by the Supreme Court in Bharat Amratlal Kothari v. Dosukhan Samadkhan Sindhi, 2009.
Need for an amendment
There are two fundamental problems associated with Section 11 of the PCA. Firstly, the punishments provided need to be revised; secondly, they need to be more varied. The penalties provided under Section 11 may have been adequate in the 1960s, but now these punishments need to be revised. Also, Section 11, read with Section 31, classifies the offences mentioned under Section 11 into cognisable and non-cognizable. Still, to our astonishment, despite the varying gravity of the offences, the punishment prescribed is the same. The Hon’ble Supreme Court observed the inadequacy of the penalty in Animal Welfare Board of India v. A. Nagaraja; they advised the government to amend this Section to match the society’s current needs. One more flaw that can be associated with this Section is that it excludes several other activities that can come under the ambit of animal cruelty. Our courts have often discussed animal welfare, and the need for amendment has often been cited. In People’s Charioteer Organization v. UOI & Anrs. 2020, the Hon’ble Supreme Court talked about making stringent animal welfare laws and pointed towards the 2016 amendment bill.
Proposed amendments
A draft bill called the Draft Animal Welfare Act, 2011 was the first proposed amendment that sought to replace the Prevention of Cruelty to Animals Act of 1960. An amendment to the act has been prescribed by the 2016 amendment bill, wherein for the first offence, a fine of not less than three thousand rupees but which may extend to five thousand rupees has been prescribed. In the case of a second or subsequent offence committed within three years of the previous offence, a fine of not less than five thousand rupees but which may extend to ten thousand rupees, or with imprisonment for a term which may extend to six months, or with both was prescribed. A proposed amendment to the bill is the 2021 amendment laid in the form of a private member bill by Mr Anubhav Mohanty, Member of Parliament in the Lok Sabha. At the same time, the recently proposed amendment is by the Ministry of Fisheries, Animal Husbandry and Dairying. The draft 2022 bill has introduced gruesome cruelty as a new category of cruelty under this Section. A minimum fine of Rs. 50,000, and a maximum penalty of Rs. 75,000 has been proposed for gruesome cruelty. Now a strict punishment of five years has been proposed for killing an animal. This draft proposes 61 changes to the Act. If passed, this amendment would help make good animal welfare legislation.
Conclusion
Cruelty to animals is a sin and should be punished adequately. The current safeguards against cruelty to animals are not enough, and there is a need for reform. The Supreme Court, in the famous jalikattu case, has placed the right to life of animals under Article 21 of the Indian Constitution. Moreover, Article 51-A (g) is a fundamental duty cast upon all of us, which talks about protecting wildlife and the environment. Even if we talk about ancient times, we have always worshipped animals. Therefore, any cruelty against them has to be taken seriously. No doubt, we have Section 11 of the PCA, but the provisions under it need to be revisited, and amendments need to be enforced.
Frequently Asked Questions (FAQs)
What is Section 11 of the Prevention of Cruelty to Animals Act, 1960?
Section 11 of the PCA defines which acts are to be considered cruelty to animals and also prescribes punishment for the same.
What are the minimum and maximum punishments prescribed under this section?
The minimum punishment is a fine of Rs. 10, and for a subsequent cruel act within three years, the punishment can extend up to a fine of Rs. 100 or imprisonment of three months, or both
Cognisable and non-cognizable offences are mentioned under which section in the PCA Act?
Section 31 of the PCA classifies the act as cognisable and non-cognizable offences.it has to be read together with Section 11 of the act.
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Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.
LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:
This article is written by Shraddha Jain, a law student at the Institute of Law, Nirma University Ahmedabad, and Anushka Singhal, a student at Symbiosis Law School, NOIDA. This article discusses the concept of draconian law. It explains how it originated, what were its consequences and the reason for its decline, etc.
It has been published by Rachit Garg.
Table of Contents
Introduction
Have you ever noticed why a severe policy is referred to as ‘draconian?’ The expression ‘draconian’ is derived from a remarkable person’s name, Draco. Draco, sometimes known as Dracon, was an Athenian politician. He was involved in the effort to establish pre-existing Athenian customary law. His work first appeared in 621 BCE.
Although most of his legal code has been lost, the tiny surviving portion on involuntary homicide, along with what Aristotle and Plutarch reported about it, suggests that the death sentence was imposed for even minor acts. When questioned about why he believed it was essential to penalise petty offences with the death sentence, Dracon stated, “We need the death penalty to stop minor offences, and for major ones, I can’t conceive of any worse punishment.” Solon, an archon in 594 B.C.E., significantly altered the draconian code. The draconian law is historically noteworthy because it created the notion that murder should be avenged by the state rather than by the victim’s family. His fellow citizens appreciated Draco very much. The term Draconian is derived from Draco’s name. This term has a significant negative connotation and is used to characterise any extremely harsh legislation or other tough actions devoid of kindness.
Draconian laws also mark their presence in Indian law. Some laws in India are stricter than others and are considered to be draconian. These laws impose more stringent penalties, and the procedure to try people under these laws is different than that given under the criminal justice system. There has been a demand among the masses to repeal these laws as they are used as a political tool to suppress opinions. Fundamental and human rights are being curbed, and it is the need of the hour to either repeal or dilute these laws.
What are draconian laws
According to the Cambridge dictionary, “draconian laws, government acts, etc., are excessively harsh or go beyond what is reasonable or necessary.”
As it has been discussed, Draconian law was introduced by Draco, an Athenian lawmaker who developed a documented legal system in the seventh century B.C. The purpose of Draco’s code was to explain existing regulations, but its harshness is what made it noteworthy. Under the law, even minor transgressions were punishable by death, and failure to pay one’s obligations could result in enslavement. As a result, the term ‘draconian’ has come to be linked with very authoritative activities that are perceived as brutal or severe.
Aristotle, the most authoritative source on Draco, asserts that he was the first to have documented Athenian laws and that Draco built a constitution that enfranchised hoplites, the lower-class troops. The severity of the draconian rules was notable; they were supposed to be inscribed in blood rather than ink. Almost all criminal acts were punishable by death.
Historical background of draconian law
Around the 8th century BCE, when city-states were established in Greece, sovereigns in large cities such as Athens began to lose authority. The manipulation of their system by the aristocrats started in the mid-seventh century BC, and rules were frequently altered to suit the elite. Eventually, the Athenians found themselves in a city where just a few people possessed political influence, wealth, territory, and, most significantly, authority over the (unwritten) law. It has made it difficult for the victims to claim justice because, in ancient times, there were no clearly defined statutory sentencing guidelines or legal precedents from which to draw. Rather, it was up to the victims to seek revenge or restitution for any wrongdoing. If the victim had died, the relatives were left to seek revenge or restitution. This growing aristocracy caused problems for the people of Athens, especially the poor. Therefore, they demanded that there should be some rules and regulations written somewhere that could govern society without any biases.
Need for draconian law
Because laws were unwritten in ancient Greece, the societal pyramid’s aristocracy of nobles and wealthy men misinterpreted and manipulated the aforementioned rules for their own personal gain. As a result, the ordinary people desired a single, documented, and structured legal system that was fair and practicable for all socioeconomic classes.
Furthermore, lending and borrowing were permitted in ancient Athens, and it was “authorised that one might borrow from another with a guarantee of his property and his individual liberty,” according to Aristotle (from the Athenian Constitution). So the fundamental issue was not just who owned the property or who had political power, but also that many small landowners progressively became indebted and began losing their land, eventually becoming servants to the wealthy. The main issue was that no rules regarding the above were actually written, and the poor were unable to stand before a court in which only aristocrats judged, and there were no written laws to safeguard them.
Around 632 BCE, an aristocrat named Kylon attempted to seize the trend of the poor people (mainly farm owners and small landholders) who had lost their property to wealthy landlords due to loans and the fact that no legislation had ever been written in Athens at the time, and therefore, the property was retained by a few aristocrats and justice was nowhere to be found.
If we combine the two preceding events, the Kylon uprising and the farmers’ and small landowners’ response to all of this, we may conclude that laws had to be drafted at some point. Thus, the demand for written laws arose from the aristocracy’s uneven accessibility to legal knowledge in comparison to the ordinary public. To reduce the frequency of these feuds, Athens’ ruling aristocratic families decided to abandon their secret method of making law proposals and revisions in favour of writing them down and making them public to Athenian society. They commissioned Draco, an aristocratic legislator, to compose the written constitution, which he began in 621 BC. The wording of the new Constitution was written on display devices to promote it. As a result of the overwhelming demand from the people of Athens, Draco was given the authority to create a code of law.
The legal system that was born out of the draconian legal code
Draco’s fellow Athenian citizens hired him to draft Athens’ Code of Law in 624 BC. He provided a full and detailed judicial system by 621 BC, printed on plates and stones to be shown publicly in the Athenian agora. Rather than being randomly implemented and understood or recognised only by a small number of residents from the top social group, all rules were now publicly documented and therefore known to all literate individuals. Since these rules were written in stone, they were lost through weathering over time. And some of these laws were preserved by Aristotle.
Below are some of the aspects of the legal system derived from draconian law:
Though essentially fair and accessible to all citizens regardless of origin, social position, or money, these regulations proved to be extraordinarily severe. Minor offences were punished harshly. For example, stealing a piece of fruit or sleeping in a public location was punished by death. Minor infractions may quickly transform an individual from a free person to a slave.
Draco coined the terms ‘intentional’ and ‘unintentional’ homicide, with both offences being judged in the Areopagus. Feuds as a form of justice became banned once murder cases were tried by the state.
Draco’s rules were famous for their brutality and favouritism toward wealthy landowners instead of those who found themselves in debt. His series of harsh punishments (the origin of the name ‘draconian’) for a range of offences did not last long and surely did not achieve their goal.
Those who were supplied with arms were granted political privileges. They chose the nine archons and financial officers from among those giving armaments.
Anyone who murders another Athenian, whether on purpose or by accident, shall be expelled from Athens for good. If the murderer apologises to the deceased man’s family and the family approves the apology, the murderer may remain in Athens.
Draconian Constitution
The rules that Draco established were Athens’ first written Constitution. They were put on wooden slabs (axones) and stones so that nobody would miss them, and they were kept for over two centuries on inscriptions in the form of four-sided pyramids (kyrbeis). The tablets were known as axones, possibly because they could be turned along the axis of the pyramid to be read from either side.
Several key improvements were included in the Constitution:
Instead of verbal laws known only to a small group of people, which were randomly implemented and misinterpreted, all laws were written down and made public to all educated citizens (who could then appeal to the Areopagus for social injustice): “the constitution established under Draco, when the first code of laws was drawn up.” (Aristotle, Part 5, Section 41 of the Athenian Constitution)
The laws differentiated between murder and involuntary homicide.
The rules were quite tough. For example, any debtor with a lesser position than his creditor was put into slavery. Those who owed a loan to a person of a lower social class faced a more lenient penalty. Even simple offences, like stealing a vegetable, were punishable by death.
How and why did draconian law come to an end
Draco’s legal code was eventually deemed intolerably severe, particularly in terms of capital punishment for minor offences; it was unpleasant to contemporary rulers as well. The brutality of the regulations may have been the only way to maintain control within the aristocratic party while also eradicating centuries-old blood feuds. Aside from their actual political authority, the aristocracy discovered means to acquire land by officially seizing it from the poor in accordance with established rules. The rulers were in power under Draco’s law code, in accordance with the law and as they understood it.
As a result of the severity and inhumanity of the draconian laws, there was much dispute and discontent throughout various sectors of Athenian society. Draco’s contribution to Athenian law and society, however, was insufficient to sustain his rigorous written system of rules for long. Only after thirty years the majority of the draconian laws were repealed and effectively replaced by Solon’s reforms and new rules. In 594 BCE, Solon, the archon (magistrate), revoked Draco’s code and established new laws, maintaining only Draco’s homicide laws. Solon, usually regarded as the founder of modern Western law, could not completely pass legislation against his era’s moral and political decline. Nonetheless, he brought Athenian society out of the dark and brutal Draconian era, and most historians credit him with laying the groundwork for the city-subsequent state’s perfect democracy.
Modern scholarship is sceptical of the draconian legacy. The hoplite Constitution was almost definitely an afterthought. There is very little known about the rules, although even homicide laws were likely changed by the 4th century BCE.
Draconian laws in India
Dracos’ laws imposed exorbitantly strict punishments even for trivial crimes like stealing an apple. Similarly, there are specific laws in India that are stricter than ordinary laws and thus considered to be draconian. Laws on Sedition (section 124-A of the Indian Penal Code, 1860), the Unlawful Activities (Prevention) Act, 1967, the National Security Act, 1980, the Armed Forces (Special Powers) Act, 1958, the Safety Act of Jammu & Kashmir, 1978, etc. are considered to be draconian laws, and often people ask for repealing them. While in other laws, human rights are kept on a higher pedestal, in these laws, they take a backseat. These laws are said to be made for the nation’s security; thus, the punishment and procedure prescribed in them are different.
Need to repeal the draconian laws
The rampant misuse of these laws has led to a demand to repeal them. Section 124-A of the Indian Penal Code, 1860, the law against sedition, has been put on hold by the Supreme Court of India in the recent judgement ofSG Vombatkere v. UOI (2022), due to the objections raised against its misuse. No new convictions would happen under this law until it is re-examined by the central government. Even legitimate criticisms of the government were prosecuted under this section. Therefore, the Supreme Court decided to put this law into abeyance. The Unlawful Activities (Prevention) Act, 1967, commonly known as UAPA, is one such act that has often been criticised by the masses. This law reduces the burden of proof for establishing ‘mens rea.’ This law is also being used to curb dissent in the present times. Human and constitutional rights are being violated on the pretext of this law. Data released by the Rajya Sabha on UAPA revealed that 97.5% of people arrested under the Unlawful Activities (Prevention) Act between 2016 and 2020 are languishing in jails, waiting for their trials to be concluded. Similarly, the Armed Forces (Special Powers) Act of 1958, popularly known as AFSPA, has been criticised for violating the fundamental rights of residents of North-East India. The Central government has reduced the number of disturbed areas under this law after certain civilians were killed in the area in 2022. Due to these tragic happenings with innocent civilians and the curbing of fundamental rights, there is a need to repeal these draconian laws. The Public Safety Act of Jammu & Kashmir, 1978, known as PSA, also needs to be abolished due to its draconian nature. It is being used as an alternative to criminal justice, and people are being detained to curb dissent.
Sedition law
Section 124-A of the Indian Penal Code, 1860, penalises a person who brings disaffection towards the government through words, signs, or representation. This law has been in effect since the colonial era. It was originally Section 1138 of Macaulay’s Draft Penal Code of 1837, but later, when the IPC was framed in 1860, Section 124-A did not find space therein. Later, the need for it arose in 1870, and the Indian Penal Code (Amendment) Act 1870 (Act XXVII of 1870) was added. Its validity was challenged in the landmark judgement of Kedar Nath v. State of Bihar (1962), but the Hon’ble Supreme Court upheld this law. It was held that this law is a reasonable restriction as prescribed under Article 19 of the Indian Constitution. The figures supplied by the National Crime Records Bureau for the years 2014–2016 demonstrate the law’s inefficiency in the criminal justice system. In August 2018, the Law Commission of India issued a consultation document urging that Section 124A of the Indian Penal Code, which deals with sedition, be reconsidered or repealed. Following that, the Supreme Court heard the case of SG Vombatkere v. UOI (2021). The Court further barred the police from registering a new first information report (hereafter “FIR”), failing which the aggrieved party might seek proper remedies through the competent courts. The Supreme Court’s preceding orders will remain in effect until new orders are passed.
Unlawful Activities (Prevention) Act, 1967
UAPA is considered to be a draconian law because of the ‘very strict’ punishment and prosecution provisions provided under this Act. It penalizes the thoughts and opinions that are in disagreement with the state. It punishes both violent as well as non-violent political protests that cause hatred for the government among the people. Special courts and special procedures for prosecution and indoor hearings have been provided under this Act. The government has been given extensive discretionary power under this court, thus making it a very draconian law in nature. The human rights of citizens can be violated under the pretext of curbing dissent against the government. Under general laws, bail is the norm and jail is an exception, but here, the reverse happens. Bail can only be granted after hearing from the government. However, to decrease the draconian nature of the law, the Hon’ble Supreme Court held that “a violation of the fundamental right to a speedy trial is a ground for the constitutional court to grant bail in UAPA.” It has inspired other state-level laws such as the Jammu and Kashmir Public Safety Act, 1978; the Andhra Pradesh Public Security Act, 1992; the Maharashtra Control of Organised Crime Act, 1999; and the Chhattisgarh Special Public Security Act, 2005. These local laws are sometimes even more draconian than the UAPA and are used by the state prosecution agencies in addition to the UAPA. Even international organisations like Amnesty International have deemed this law to be highly draconian, resulting in violations of both fundamental and human rights as defined by international conventions.
Armed Forces (Special Powers) Act,1958
Under the list of Indian draconian laws, this law occupies a prominent position. It is applicable in the northeastern states of India. This Act aims to prevent Maoist activities in the area and establish peace. It gives the armed forces broad authority to arrest, shoot, and search anyone they suspect of disrupting the peace in the area. Its continued application has led to numerous protests, notably the longstanding hunger strike by Ms. Irom Chanu Sharmila in Manipur. This legislation is sought to be justified by the Government of India on the plea that it is required to stop the North Eastern states from seceding from the Union of India. There have been issues with this act for a long time. In Indrajit Barua v. State of Assam (1983), the definition of the term ‘disturbed area’ in the provision was challenged. But the Delhi High Court held that the government had the requisite knowledge of which area should be considered disturbed and that there was no need for the court to interfere. The Delhi High Court found the AFSPA to be constitutional in the case. This law has also been widely criticised on a global scale. The law was questioned in 1991, when India gave its second periodic report to the United Nations Human Rights Committee. Members of the UNHRC challenged the AFSPA’s constitutionality, asking how the AFSPA could be judged constitutional under Indian law and how it could be justified in light of Article 4 of the International Covenant on Civil and Political Rights. AFSPA violates several international laws and conventions, like the Universal Declaration of Human Rights (hereinafter referred to as the UDHR), the International Covenant on Civil and Political Rights (hereinafter referred to as ICCPR), the Convention Against Torture, the UN Code of Conduct for Law Enforcement Officials, and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). It violates rights such as the right to life, the right to equality, the right to property, etc. Due to its draconian nature, it has also been dubbed as the licence to kill.
National Security Act, 1980
This draconian law allows the police to arrest any person if they feel that he is a threat to national security. The basic rights for the protection of the accused that have been provided under the Code of Criminal Procedure, 1973, that the person should be informed of the grounds of arrest, he should be released on bail if there is no reason to keep him in custody, legal aid by a lawyer, etc., are absent under the National Security Act. The popular phrase “no vakil, no appeal, no daleel” (no lawyer, no appeal, no argument) is used to describe this law. The law is prone to misuse, and any person can be detained for up to 10 days without even being informed about the reasons for the detention. Therefore, a plethora of fundamental rights and human rights are being violated under this law.
Conclusion
Draco’s rules were notorious for their brutality and favouritism toward wealthy landowners over those who found themselves in debt. His series of harsh punishments (the origin of the name “draconian”) for a range of offences did not last long and surely did not achieve their goal. According to history and mythology, the laws for homicide in this basic law code were written in blood because of their apparent brutality. Finally, Draco’s narrative and his notoriously draconian laws provide us with much food for contemplation and give us many political lessons. Draco, although appointed by the majority of his fellow citizens rather than the gods like his predecessors, still needs to create a people-friendly legal system. Rather, he became renowned for enacting one of the world’s most brutal and punitive legal regimes. Nonetheless, from the ashes of that disaster came a revolutionary system that would eventually lay the groundwork for a substantial percentage of modern law and government in the Western world. In modern times, governments have been inspired by Draco’s law and have enacted laws leading to blatant human rights violations. India has several such laws, which are used to curb dissent against the government whenever needed. These laws need to be repealed as they are against the basic concept of humanity. These laws can easily curtail the fundamental rights that our Constitution has provided. It is high time for these laws to be completely repealed or for amendments to be made to allow for the exercise of fundamental and human rights. Draco’s era has passed, but we have still not been able to move forward.
Frequently Asked Questions (FAQs)
What was the concept of council and assembly in draconian law?
One of the notions brought to the Athenian administration by Draco in his Constitution was the council. The ‘council’ was referred to as a magistracy in Aristotle’s Constitution of the Athenians. The ‘assembly’ was another Athenian magistrature that Aristotle documented in depth. Members of the council or assembly who were not present at a meeting were penalised according to their social standing.
What was Draco’s position?
Draco was not regarded as a political reformer until the publication of Aristotle’s Constitution of the Athenians. Although the draconian Constitution is barely referenced by modern historians, Aristotle highlighted his status as a constitutional and political innovator and lawmaker (despite the repeal of most of his laws, except those governing homicide).
How did Draco of Athens die?
According to a 10th-century Suda document and a series of Greek historians, Draco was killed on the stage of the Aegina theatre in approximately 600 B.C., when his followers threw so many caps and cloaks over him that they choked him to death.
What are the draconian laws in India?
Laws on Sedition (Section 124-A of the Indian Penal Code, 1860), Unlawful Activities (Prevention) Act, 1967, the National Security Act, 1980, the Armed Forces (Special Powers) Act, 1958, the Public Safety Act of Jammu & Kashmir, 1978, etc. are some of the draconian laws in India.
Why is there a need to repeal the draconian laws in India?
These laws provide for stringent penalties as well as procedures. They lead to the violation of fundamental and human rights, and thus, there is a need to repeal them.
Aristotle. Rackham, The Athenian Constitution. Loeb Classical Library. Cambridge, MA: Harvard University
Alexander Verlinsky. Draco’s Constitution and Political Ideas of Athenian Oligarchs. Philologia Classica 2021, 16 (2), 186–206. https://doi.org/10.21638/spbu20.2021.202
Alexander, V.. (2017). Draco’s constitution in the Athenaion Politeia 4: Is it an interpolation or an Author’s later addition? Hyperboreus. 23. 142-173.
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This article is written by Nishka Kamath, a graduate of Nalanda Law College, University of Mumbai. It gives an overview of the most notorious serial killers in India. Further, an attempt is made to shed light on their trials and their whereabouts and/or present conditions. Moreover, the most important sections of Indian criminal laws under which these infamous serial killers were charged are discussed at the end of this article.
It has been published by Rachit Garg.
Table of Contents
Introduction
I am sure you must have watched at least one episode of Crime Patrol, wherein Anup Soni, at the end of the show, always quotes, “savdhaan rahe, satark rahe.” The meaning of this quote is “stay alert, stay cautious.” Mentioned below is a list of several serial killers in the history of India who will not only send chills down your spine but also make you both, savdhaan and satark. Let’s begin!
Notorious serial killers in India
In a country where people take pride in having influential scientists, doctors, lawyers, engineers, mathematicians, etc., one tends to overlook the nation’s serial killers. This article is an attempt to bring the list of all the most notorious serial killers in India under one umbrella.
Before we begin, let us consider why some killers are known as serial killers. Serial killers are those killers who commit murders of three or more than three victims, often people who are not personally known to him/her. Serial killing is said to be one of the most irregular forms of homicide. Further, serial killers are said to kill victims without any individual motive. It is believed that they derive pleasure from performing such activities. Whatever the reason may be, it is beyond any reasonable justification. Let’s have a look at the list of serial killers in India!
Gowri Shankar a.k.a. Auto Shankar
Who is Gowri Shankar
Gowri Shanka, known by the nickname “Auto Shankar,” was one of the top Indian criminals, serial killers, and gangsters. He hailed from Tamil Nadu and was quite active in Chennai in the 1970s and 1980s. He has been often times tagged as the “auto driver”, “dreaded murderer”, “conspirator”, “womaniser”, inter alia.
Birth, rise and history of Gowri Shankar
Gowri Shankar was born on January 21, 1954, in Kangeyanallur, Vellore, Tamil Nadu, to a Malayalee father and a Tamil mother. While he was still pursuing his education as a pre-university course student, his family split up and his father left for Orissa. It is said that he took up habits like smoking, and consuming drugs during his school days.
When he was seventeen, he shifted to Madras and started living in Mylapore. He later moved to Thiruvanmiyur. There, he earned his bread and butter by pedalling a cycle rickshaw and later an auto rickshaw. This is where his nickname “Auto Shankar” emanated from. At the time, Thiruvanmiyur became a criminal hotbed. Shankar started transporting illegal liquor but later moved on to prostitution, considering it to be a more yielding way to have an income. He had ties with politically influential people, which made it easier to keep the police in check. He and his gang, which included Shivaji and Eldin, handled rivals either through the police force or by killing them. He and his associates ran a sex racket as a business.
Crimes committed by Gowri Shankar
Gowri Shankar is known to have been involved in two wrongs: the smuggling of track and human trafficking. His reign of crime and terror began at a time when the East Coast Road was still being constructed. At that time, even Madras City was seen as a less bustling metropolis, let alone Thiruvanmiyur, which was said to be a remote suburb and was outside the jurisdiction of the city police. All these places were hidden places for illegal liquor brewing. Shankar would smuggle these liquors, carrying them and supplying them in the interior lanes of Madras in his autorickshaw. While doing so, he was introduced to sex work and prostitution, which were flourishing then in Mahabalipuram. Women or sex workers had to travel between the city and the coastal tourist town, where his auto came in handy; he would help them transport from place to place. Soon he set up his own business and ran brothels in the Thiruvanmiyur area. He gained massive success there and also expanded his client base, which included police officials and politicians. Not only this, but in order to blackmail influential customers, he kept videotapes of them.
He, while performing all such activities, fell in love with a performer named Lalitha, which is said to have ultimately been the cause of his downfall and, ultimately, his death. She eloped with Shankar’s friend Sudalaimuthu, which is where it all began. Shankar, in his rage of anger, killed both of them and buried Lalitha’s body in a plot in Periyar Nagar, whereas Sudalaimuthu was burned, and his ashes were disposed of into the Bay of Bengal. After that, he also murdered Sudalaimuthu’s friend Ravi when he confronted Shankar regarding his whereabouts. He adopted this method for all the young girls who suddenly went missing from their houses.
By the 1980s, he had reached the infamous status of a gangster. In 1987, one of his victims’ bodies was discovered. Between 1988 and 1989, he, along with his associates Shivaji and Eldin, murdered several individuals, including teenagers. He was later found guilty of murdering no less than six girls in Chennai. When Gowri Shankar was interrogated for his wrongdoings, he said he was pushed into the world of crime by the influence of cinema.
In 1988, he led a luxurious life, having a multi-story house, cars, bikes, and contacts that would help him with anything. In May 1988, he and his gang members had a tussle with 3 rival gang members, namely, Sampath, Mohan, and Govindraj, who disagreed to pay for using his women. Shankar, seeking revenge, invited them to his place, killed them, and buried them. By the end of June, Sampath’s wife, Vijaya, lodged a missing person complaint with the local police station, but she was redirected to another police station, which later arrested Shankar on the grounds of causing nuisance. However, he was acquitted later. Looking at the injustice, Vijaya then reached out to the governor, who commanded that this case be investigated. The police even then asked her not to bother them with such complaints. Having no other option, Vijaya sought help from her journalist neighbour, who assisted in publishing an article stating her husband might have been murdered.
Arrest, conviction, and trial of Gowri Shankar
A special inquiry was ordered by the Inspector General after the discovery of the deaths of three men (discussed above) came to light. When confronted about the same, he confessed to the aforementioned murders and those of the other three individuals. He escaped from police custody in August 1990 along with five of his allies. Auto Shankar’s trial, along with those of his allies Eldin and Shivaji, took place at the Chengalpattu Sessions Court, and all of them were sentenced to death for their wrongdoings on May 31, 1991. Shankar, when held in police custody, made a daring escape with the assistance of a woman but was tracked down by Orissa and brought back. Subsequently, Shankar was hanged to death on April 27, 1995, at Salem Central Prison.
Punishment for crimes committed by Gowri Shankar
Gowri Shankar was sentenced to death under Section 300 (murder) of the Indian Penal Code (IPC), 1860, by the Sessions Judge, Chenglepat, for all the murders thus committed on May 31, 1991, which was confirmed by the Madras High Court on July 17, 1992.
Thug Behram
Who is Thug Behram
Thug Behram is stated to be one of the most prolific serial killers in the history of India. He is also nicknamed “Buram,” “Buhram Jemedar,” and the “King of the Thugs.” He is said to have been the leader of the Thuggee cult active in Oudh and central India. He is famous as one of the most notorious thuggees of the 18th century.
He used to strangle people to death with a yellow handkerchief, known as “rumaal” and a coin. Today, the infamous rumaal is preserved in a private museum by an unknown collector and can be seen online.
Birth, rise, and history of Thug Behram
Thug Behram was born in 1765 in Jabalpur, Madhya Pradesh. As a child, he was extremely shy and would avoid social situations. Later on, he became friends with one of the notorious thugs, Syed Ameer Ali, who was 25 years older than him. Syed Ameer Ali introduced him to the world of thuggees. At the young age of 10, Behram started killing and scaring individuals with his crimes. He started to rob at the age of 25. Initially, it is said that Behram was accompanied by a female thug named Dolly, but they parted ways later.
Behram used to keep a yellow handkerchief with himself, and he used to put a coin in it to strangle the victims to death for looting them. He had a group of around 200 thugs, which is why the central states of India were in such terror to the extent that people would rather change their ways than walk the way where the gang was placed. Behram, with his group, communicated in code language; for instance, “Ramos” was a word used by them before assaulting them.
He had a pact with his gang that they would not kill women, fakirs, musicians, lepers, or Europeans. Generally, they would attack traders, tourists, and pilgrims in a manner that was quite mysterious.
Crimes committed by Thug Behram
As stated above, Thug Behram was one of the most dangerous thugs. He was the leader of the notorious thuggee cult, which travelled across central India, and his gang was known to latch onto travelling groups.
It is said that Thug Behram killed 931 people between 1790 and 1840. His only murder technique was using a handkerchief to suffocate and strangulate innocent victims before robbing their belongings. Even though it is stated that he killed 931 people, he has confessed to killing only 125 people, whereas for the rest, he was not explicitly a part of these killings.
Arrest, conviction, and trial of Thug Behram
The popularity of Behram was so widespread that the British sent five of their investigating teams. However, Behram killed all of them. Later on, the British government sent a soldier named William Henry Sleeman to India to investigate further. Sleeman travelled from city to city to get information on the activities of Behram, but he was not very successful. In the midst of Sleeman’s investigations, Lord William Bentinck was appointed Governor General of India, giving investigators complete freedom to reveal any leads on Behram. Further, the team was also provided with security.
However, Sleeman received an intimation of the location of Behram’s senior, Syed Ameer Ali, but by the time the British officers reached that place, Syed had already absconded. The British arrested his family members, which is why he surrendered and gave all the information he had on the whereabouts of Behram, which led to Behram’s arrest in 1838.
The scenario after Behram’s arrest
After Behram’s arrest, during his interrogation, he revealed that he and his group members had caused the deaths of around 931 victims with the help of yellow-coloured handkerchiefs and coins. Out of these 931 killings, 125–150 were conducted by Behram himself. After narrating all such incidents, the British also arrested the other team members.
Moreover, in 1840, Behram and his gang were given the death penalty, and the punishment was executed by hanging them from a tree in Jabalpur district. The new gang members were given concessions by Sleeman, and they were sent to a reformatory home in Jabalpur.
Punishment for crimes committed by Thug Behram
During the British era, Thug Behram was executed by hanging from a tree for all the crimes he committed.
Stoneman
Who is Stoneman
Stoneman is a name given to one of the most popular serial killers in India, whose identity, to date, is unidentified and who is said to be one of India’s most elusive serial killers. He is known to have murdered at least 13 sleeping homeless people in Calcutta in 1989 and a few others in Bombay from 1985 to 1988. Allegedly, it has been said that the murderers were committed by the same person, but there is no official information on this, even after a lot of inquiries.
He would go around killing pavement dwellers by crushing their heads with a single boulder, which weighed around 30 kg.
Birth, rise and history of Stoneman
There is no information on the birth or history of Stoneman, since no particular person could be identified despite multiple official investigations. Based on the similarity of the styles of the murders, the person is said to be responsible for at least 26 sleeping homeless individuals, both in Calcutta and Bombay. He is known to have perpetrated a series of murders in Bombay from 1985 to 1988 and at least 13 individuals in Calcutta in 1989. However, there is no concrete proof, apart from the copycat killings, that these occurrences were carried out by the same individual.
Stoneman’s modus operandi was quite simple. He would select his victims among the pavement-dwellers, usually those who slept alone, far from any cluster. He would then crush their heads with a huge boulder. All the victims were killed after midnight or in the morning hours. In most of the cases, the victims did not have any relatives or associates to identify them.
Crimes committed by Stoneman
As mentioned above, from 1985 to 1988, there were 12 murders, all of the same kind, that were said to have occurred. Since 1985, the Mumbai police have found at least 12 murders within a span of 2 years. Inquiries were made, but there was no success in finding who executed such crimes. Mysteriously, one fine day in 1988, the killings stopped, but the police could never trace this murderer.
But this stillness lasted only for a year. So, to add to these atrocities, the same events were noted again, this time in Calcutta in the summer of 1989. Twelve more people were murdered in the same manner. Despite all the hard work of the police and several investigations, no one ever came to know who this egregious criminal was!
Moreover, to add to the horror, a similar pattern was noticed again in Guwahati, Assam, during February 2009, and another incident occurred in 2016 in some parts of Assam, and even then there is no single trace of who this mysterious Stoneman is!
Arrest, conviction, and trial of Stoneman
Well, there is no hint of who the infamous Stoneman was or is. To date, no one has any clue who this inhuman murderer is/was. Even after several police investigations and inquiries, no single individual successfully managed to get any leads on this blatant killer.
In 2016, a similar incident occurred in Gujarat, but here the murderer was caught. Further, in September 2022, a boy named Shiv Prasad Dhurve, then 19 years old, was arrested by police officers with the aid of a cyber cell for the murders of several watchmen in Bhopal, Madhya Pradesh. The 19-year-old committed such a heinous act, inspired by social media. He used hammers and stones to kill 4 watchmen.
Nonetheless, the question of who this psycho serial killer was or is remains unanswered!
Punishment for crimes committed by Stoneman
If ever caught, Stoneman would be punished under Sections 300 (murder) and 302 (punishment for murder), amongst others, of the IPC.
Raman Raghav
Who is Raman Raghav
Raman Raghav, generally known as “Jack the Ripper of India,” is yet another serial killer in India. He was a hunter and a scavenger. He used to kill people because he had no other option left. In situations where a person had no earnings or food on his plate, he would prefer going out and begging for alms. But Raman Raghav had other plans; he would go around killing men, considering his sinister urges and deeds.
He is known to have killed at least 40 people in a span of three years, most of the victims residing in slums. An astonishing anecdote during his interrogation occurred. When confronted about his wrongdoings, Raman did not give any information, except for later, when he demanded to have chicken curry, and the police granted him his wish. Then he confessed his killings and described the weapon used and his modus operandi.
Birth, rise and history of Raman Raghav
Raman Raghav, also known as “Sindhi Dalwai,”“Talwai,” “Anna,” “Thambi,” and “Veluswami,” “Psycho Raman,” was a serial killer active during the 1960s. He was born in 1929 in Tirunelveli, India. He claimed to receive messages from God saying he should kill them.
From 1965–68, Raman Raghav was involved in a massacre, thus beating people to death along the tracks of Mumbai’s Central Railway. He would roam the suburbs of Mumbai and pick up his victims. The vast majority of his victims were beggars and homeless people. He is known to have killed at least 40 individuals in a span of 3 years, but there was no ideal pattern for how he picked up his victims.
Crimes committed by Raman Raghav
As stated above, Raman confessed to killing at least 40 slum dwellers. He also confessed to raping and killing his sister. Raman would mercilessly kill people with a baton, confessing that he would smash their skulls and break their jaws. Sadly, his victims included children, too. His victims were miserably poor men, women, and children, and he would kill them with a hard, blunt object.
Arrest, conviction and trial of Raman Raghav
Raman kept escaping the clutches of the police all through 1968. IPS officer Ramakant Sheshagirirao Kulkarni had just taken over as the DCP (Deputy Commissioner of Police) when he was given this case. The fear of this killer was so bad that around 2000 cops, armed with lathis, were appointed to patrol duty throughout the city.
Finally, a sub-inspector named Alex Fialho recognised him and arrested him. He was found by chance when the sub-inspector noticed him with a blood-stained shirt, shorts, and muddy shoes. Further, his fingerprints matched exactly with those in police records. After a lot of questioning and inquiry, his confession in front of the Additional Session Judge was quite daunting. During this interrogation, it was found that he was guilty of nine other murders. Furthermore, most of the victims resided next to a municipal water pipeline in the eastern suburbs. Even then he was in police custody and interrogated, but nothing was proved and he was freed, although he was barred from entering the city for the next two years. Even then he came back, and hence the series of crimes.
After all this, Raman took the police force on a citywide tour to show them the places from where he conducted such operations and the rod he had kept hidden in the northern suburbs.
Firstly, Raman Raghav was given a death sentence, but considering his mental health condition, he was sentenced to life imprisonment after a panel of doctors opined that he would never be cured. He was sent to Yerwada Jail and was under treatment at the Central Institute of Mental Health and Research. He died in 1995 of kidney failure at Sassoon while serving his punishment.
Punishment for crimes committed by Raman Raghav
Raman Raghav was punished under Section 302 of the IPC for the murders he committed. During his trial, he must also have been charged with violating Section 376 of the IPC for raping his sister. However, there are no concrete details in this regard.
Anjanabai, Seema Gavit and Renuka Shinde
Who are Anjanabai, Seema Gavit, and Renuka Shinde
Anjanabai, Seema Gavit, and Renuka Shinde are commonly known as “the child killers of India.” Anjana trained both of her daughters, who were also half-sisters, Seema Gavit and Renuka Shinde, to steal. Later on, the severity of their crimes increased, and they were charged with kidnapping 13 children and murdering at least 5 of them.
Birth, rise and history of Anjanabai, Seema Gavit, and Renuka Shinde
Seema Mohan, born in 1975, and Renuka Kiran Shinde, born in 1973, along with their mother Anjana Gavit, are said to have caused a lot of terror between 1990 and 1996. The sisters, along with their mother, were active in western Maharashtra cities like Pune, Thane, Kalyan, Kolhapur, and Nashik.
Having no source of income or means to earn a livelihood, accelerated by her greed for money and disregarding the law, Anjana Shinde began her journey to crime! She started by snatching chains and pickpocketing on temple premises. Later on, she pushed her daughters, Renuka Shinde and Seema Gavit, into it, too. She also provided them with proper training for escaping any accusations in case they were nabbed by the officials.
Crimes committed by Anjanabai, Seema Gavit and Renuka Shinde
Anjanabai, Seema Gavit, and Renuka Shinde would kidnap young children for helping them with all their criminal activities and blame them in case their plan went against the one they had plotted. The sisters would also force them into begging and petty thefts. Any kid who would pose a hindrance to their plans would end up losing their life. The primary reason for kidnapping the children was to take them to crowded places where one of the trio would try stealing someone’s belongings, and if found red-handed, she would either try to gain sympathy through the kid or distract the public there, either by injuring or hurting the child.
From 1990 to 1996, they killed five children: Santosh, Anjali, Shraddha, Gauri, and Pankaj. However, police officers were of the opinion that 13 children were kidnapped and 9 were murdered.
Arrest, conviction, and trial of Anjanabai, Seema Gavit and Renuka Shinde
Seema Gavit and Renuka Shinde, along with their mother, Ajanabai, and Renka’s husband, were all arrested in 1996. They were arrested for allegedly kidnapping Anjanabai’s ex-husband’s daughter from another marriage, a matter not unrelated to that of kidnapping and murdering kids. However, during a search of their house, the police and the search team discovered the clothes of several small children. This uncovered evidence of more kidnappings, which eventually opened an investigation that, in the end, led to the arrests.
Renuka’s husband, however, was later pardoned from punishment. Anjanabai died within two years of her arrest. Whereas, in 2001, the two sisters were pronounced guilty of kidnapping 13 children and murdering at least 5 of them.
Punishment for crimes committed by Anjanabai, Seema Gavit and Renuka Shinde
The women were found guilty of the following offences under the IPC:
For all the crimes, a death sentence was pronounced for the sisters by a trial court in Kolhapur in 2001. The death sentence was then upheld by the Nagpur Bench of the Bombay High Court in 2004. A plea was filed in the Supreme Court. The Supreme Court, too, affirmed the death penalty in 2006 and stated that “these convicts are unlikely to be reformed.” After the ruling of the Apex Court, Seema and Renuka filed mercy petitions in 2008 and 2009. The President rejected them in 2014, i.e., five years after the filings, which was an unreasonable amount of delay. Considering the delay, the death sentence was ultimately commuted to life imprisonment on January 18, 2022, by the Bombay High Court, and the sisters are now lodged in Yerwada Jail, Pune.
Had they been hanged, it would have been the first case in India where women were sentenced to death since 1955, after Rattan Bai Jain, who was given the death penalty for killing three girls.
Cyanide Mohan
Who is Cyanide Mohan
Mohan Kumar Vivekanand, also known as “Cyanide Mohan,” “Anand Kulal,” “Mohan Kumar,” “Ananda,” “Bhaskara,” “Bhaskar,” etc., is one of the most famous serial killers in India. He used to abuse women looking for marriage and would give them cyanide pills, saying they were contraceptive pills.
The former DG of Karnataka, S.T. Ramesh, in this case, made a statement, “It was the first case which I came across in my career that cyanide was used for homicide. The case created quite the sensation, most of all for the fact that the killer murdered women after promising to marry them. It was a completely different modus operandi”.
Birth, rise and history of Cyanide Mohan
Mohan Kumar, born in 1963 in Karnataka, India, was a primary school teacher known to have killed 20 women between 2005 and 2009. All these incidents took place in South Karnataka. His modus operandi was quite simple. He would have coitus with the victims, mostly non-consensual, the day before the marriage and convince them to take contraceptive pills, which were actually cyanide pills. He is also allegedly said to have been involved in several bank frauds and financial forgeries.
It is still uncertain as to why an ordinary man, a teacher from Dakshina Kannada, who allegedly had no habit of smoking or alcohol consumption, suddenly turned into a psycho-serial killer. According to some sources, all these incidents started occurring in 2003, after Mohan lost his job as a teacher. The reason being, he was arrested on charges of attempting to murder after he allegedly pushed a woman into the Netravati river; however, as per Mohan’s narration, this colleague of his, got into a heated argument with him because she wanted to marry him, and accidentally fell into the river. While he was in custody for his trial, he met a goldsmith who was charged with negligence after eight cows and goats lost their lives drinking from a waterbody containing cyanide solution that had been negligently discarded by him. Later, after he was declared not guilty of the woman’s murder, he came back after a month and approached a chemical dealer to provide him with cyanide, and thus began his journey as a serial killer: Cyanide Mohan!
Crimes committed by Cyanide Mohan
His mode of operation was to lure these women with the promise to marry them, have coitus with them, and then the next day take them onto bus stands and convince them to take the pills. He would then send these women to the restrooms, claiming they might feel unwell after consuming the pill. When the woman succumbed to it, he would come back to the hotel room, collect all the jewellery and other belongings, and disappear from that place. All the victims were found in the restrooms of bus stands, decked out in wedding attire but without any jewellery. Further, all of them were from poor economic families, were between 22-35 years old, and resided either in Dakshina Kannada, Karnataka, or Kasargod, Kerala. They could not provide any dowry and thus were not able to find a suitable match. Mohan would lure them into marriage. The investigating teams had to break open the doors of all the restrooms because they were locked from the inside.
Arrest, conviction and trial of Cyanide Mohan
Mohan escaped the clutches of the police for several years as most of the crimes were seen as suicides, even when there were traces of cyanide found in the victims’ bodies, until one day when he ran out of luck and was arrested in October of 2009 in relation to several murders committed by him. The prime witnesses included the only woman who survived the cyanide pills and an astrologer before whom Mohan revealed about the murders. The victim who survived exposed every detail of his modus operandi.
The investigation was carried on by the then Assistant Superintendent of Police Chandragupta and Sub-Inspector Nanjunde Gowda before CID took over the case. Even when the case came up for trial, Mohan shook everyone by arguing his own case. During the course of his trial, he was sentenced to life imprisonment and a fine of Rs 25,00,00 /- for the murders thus committed.
Punishment for crimes committed by Cyanide Mohan
Mohan Kumar was charged with several sections of the IPC, namely:
Section 366 (Kidnapping, abducting or inducing woman to compel her marriage, etc.);
Section 376 (Punishment for rape);
Section 328 (Causing hurt by means of poison, etc., with intent to commit an offence);
Section 201 (Causing disappearance of evidence of the offence, or giving false information to screen offender).
Punishments were pronounced under several Sections of the IPC, namely, 366, 376, 328, 392, 394, 417, and 201. All of these sentences would run concurrently, as stated by the 6th Additional District and Sessions Judge Sayeedunnisa. Moreover, he was sentenced to death in five murder cases and life imprisonment in three others by the Karnataka High Court.
He was, indeed, a cold-blooded murderer!
Cyanide Mallika
Who is K.D. Kempamma a.k.a Cyanide Mallika
Serial killer Mallika, whose original name was D. Kempamma, but was infamously known as “Cyanide Mallika,” is a dangerous woman accused of killing several women. She is also considered to be the first female serial killer in India. She had several aliases such as “Lakshmi,” “Jayamma,” “Savithramma,” and “Shivamogga”.
She would loiter around temples and befriend wealthy women who visited temples, then invite them to temples situated far away from their homes and ask them to dress in their best attire to please the gods. On the pretext of giving holy water as prasad, she would give them cyanide water. She was held guilty of the murder of six women in such a manner. She is the first woman in Karnataka to have received the death penalty.
Birth, rise, and history of Cyanide Mallika
Born in 1970, KD Kempamma is commonly known for murdering female temple devotees via cyanide poisoning. She was active from 1999 to 2007. She comes from the city of Kaggalipura, located in Karnataka. Kempamma’s husband, a tailor by profession, abandoned her in 1998. Her husband left her and threw her out of the house, right after her chit-fund business suffered heavy losses. She had three children and would do odd jobs, including becoming a domestic worker and a goldsmith’s assistant, to earn her bread and butter and survive the kids. She would also steal valuables from the houses she worked in as a domestic worker.
Crimes committed by Cyanide Mallika
Cyanide Mallika, just like Cyanide Mohan Kumar, would use an element of cyanide in her operations. She would pose as a pious woman, well-versed in religious rituals, and would choose her victims among female devotees who looked well-to-do and visited temples to seek blessings. When she saw a woman, she would try to gain her confidence by listening to her problems and would frequently advise her to perform a puja. This puja used to be on the outskirts of the city. She would ask the women to dress up well for the ritual and wear fine jewellery. Once the victim arrived, she would offer cyanide-laced water to them; she got the cyanide from the jewellery stores that used it for the purpose of cleaning gold jewels. Once the victims were dead, she would rob them of their valuables and money.
Arrest, conviction and trial of Cyanide Mallika
Kempamma would change her identity after every murder. She was arrested for the first time in 2001 by the police in Bidadi, a town in Bangalore. Even then, she was performing a puja for the victim. The victim was rescued by her family, and Kempamma was arrested. She was arrested for robbing jewellery and sentenced to six months of imprisonment.
Later on, in 2008, she was arrested again from a bus stand, this time not just for robbery but also for murdering at least six women. Here, she was found attempting to sell off the jewellery she had stolen from the victims. She was using the name Jayamma, and her whereabouts were shared with the police after a tip was given to them about her. When confronted, she agreed to have committed all the crimes; however, her main motive was robbery, not murder, as stated by the police.
Kempamma was held guilty of committing several murders in distinct trials and was ultimately given a death sentence in 2010 for the murder of one of her victims, Muniyamma. Further, in 2012, another death sentence was pronounced against her for the murder of another victim, Nagaveni; however, this sentence was later converted to life imprisonment, considering the evidence was only circumstantial. In fact, all her death penalties were later commuted to life imprisonment.
Punishment for crimes committed by Cyanide Mallika
Cyanide Mallika would have been charged with the following offences under the IPC:
Section 302 (murder);
Section 328 (Causing hurt by means of poison, etc., with intent to commit an offence);
Section 392 (Punishment for robbery);
Section 394 (Voluntarily causing hurt in committing robbery); and
Section 417 (Punishment for cheating).
Nithari killings
Who are Surinder Koli and Moninder Singh Pandher a.k.a. the Nithari brothers
Surinder and Mohinder are known to be two of the most popular serial killers in India. Their case received a lot of media and public attention due to its vicious and uncommon nature. The Nithari case was one of the most terrifying and gruesome cases of 2006. This case came to light when children, both boys and girls, continued to disappear from the Nithari village near New Delhi between 2005 and 2006.
Mohinder Singh was a rich businessman from Noida who was arrested along with his house help, Surinder Koli, for murdering several girls and engaging in activities like paedophilia, sexual exploitation, cannibalism, rape, organ trafficking, and murder. These two killers were accused of raping and murdering 16 children along with an adult.
Birth, rise and history of the Nithari brothers
Surinder Koli, who is the mastermind behind the Nithari killings, is also known by the names of “Subhash Koli,” “Surendra Koli,” “Surinder Koli,” and “Satish”.
The case starts with the fact that an exceptionally high number of women and children were indicated to have gone missing from Sector 31 of the Nithari village in Noida, and all such occurrences started with the arrival of Moninder Singh’s domestic help, Surinder Koli; however, no concrete evidence was found against anyone. From 2005 to 2006, several missing complaints were reported, but it was only when a girl named Payal went missing, the investigation led to leads and ultimately their arrests.
Crimes committed by the Nithari brothers
Some say both of them unanimously victimised 19+ children and adults; however, not every activity came to light. So, they are charged with 16 murders. All these crimes were committed at Moninder’s house in Sector-31, Noida, near Nithari village, Uttar Pradesh, India, between 2005 and 2006.
Both of them were held responsible for crimes such as sexually abusing children of all ages, serial killing, cannibalism, flesh trading, organ trading, and paedophilia.
Arrest, conviction and trial of the Nithari brothers
Koli, who was residing under the alias of “Satish”, on confrontation and enquiry, confessed to killing six children and a 20-year-old woman after sexually assaulting her.
All these crimes came to light when a girl named Payal informed her father, Nand Lal, about the happenings in Moninder Singh’s bungalow, but she went missing soon after that. Nand Lal visited the local police station to lodge a missing person complaint, but they kept denying registering a complaint. Tired of this, he then approached the SSP for assistance, after which, the police registered the complaint and thus began the investigation. The police traced Payal’s cell phone history, which led them to Koli, who was then taken into police custody for further investigation, but Pandher got him released soon. This upset Nand Lal, who then approached the court, upon whose order an investigation was carried out in Pandher’s bungalow, and the police found lots of polythene bags stuffed with skeletons from the drain located behind the bungalow, which eventually led to their arrests in October 2006. Upon public pressure, the Uttar Pradesh police handed over this case to the CBI in January 2007. There were several investigations and several deception detection tests, such as brain mapping, polygraph tests, and narco-analysis of the criminals, carried out by the CBI team.
Both Koli and Pandher were sentenced to death for such heinous criminal activities. While Moninder Singh was held guilty of 2 offences out of 5 cases against him, his domestic help was charged with 10 out of 16 cases against him.
The judgments in 8 out of 16 murder cases have already been delivered, but those in other cases have yet to be delivered. It has been a long time since these events came to light, and yet, the families of the victims are waiting for justice to be delivered.
Current scenario
Recently, in 2022, a special CBI court awarded the death penalty to Surinder Kohli for raping and murdering a woman. Further, Moninder Singh was awarded seven years of imprisonment in the aforementioned cases. A fine of Rs 62,000/- and Rs 4,000/- was imposed on Koli and Moninder, respectively. While Koli was found guilty of killing, raping, hatching a conspiracy, and destroying evidence, Pandher was charged with immoral trafficking by the special CBI court.
Punishment for crimes committed by the Nithari brothers
The punishment for crimes such as sexually abusing children of all age groups, serial killing, cannibalism, flesh trade, organ trade, and paedophilia by Surinder Koli and his employer, Moninder Singh, is death, which the Court has sentenced. He was sentenced under multiple sections of the IPC, including Section 364 (kidnapping or abducting in order to murder) and Section 302 (punishment for murder). Pandher was also convicted under the Immoral Traffic (Prevention) Act, 1956. However, Moninder Singh Panddher was then sentenced to seven years of imprisonment and a fine, and Koli’s death sentence was upheld in 2022.
Beer man
Who is Beer man
This name was given to an alleged serial killer who was quite active from October 2006 to January 2007. He was named after the empty bottles he would leave near the bodies of the victims.
Birth, rise and history of Beer man
There is not much information available on who exactly this mysterious beer man is! However, the first discovery of such killings was made in the month of October of 2006, when a taxi driver named Vijay Gaud was found lifeless on a footbridge near Marine Lines railway station in Mumbai. Nonetheless, two months later, in December 2006, another body was found near Mumbai’s Churchgate station. The man was beaten to death, just like Gaud, and an empty Kingfisher beer can was found near the body. In the coming weeks, there were more and more killings, and 7 bodies were recovered between Marine Lines and Churchgate station. Even when there were only two incidents, wherein a beer can was found near the victims’ bodies, the case came to be termed the “Beer Man murder case.”
Crimes committed by Beer man
The beer man’s killings were just the beginning of something sinister in Mumbai. Three distinct incidents of serial killing have been registered in separate police zones of the city in the last six years, killing at least 13 people.
Among the other victims, 3 of them were minor girls who were raped and murdered, and their bodies were discovered in Cuffe Parade.
Arrest, conviction and trial of Beer man
The first incident, i.e., the murder of the taxi driver in October 2006, was easily forgotten, and only a vague investigation was carried on to reach the killer, which ultimately resulted in the investigation being unsuccessful. But the series of crimes continued to take place, and around thirteen bodies were discovered within a span of six years, and the investigation began.
An officer who was a part of this investigation made the observation that there were similarities in the pattern of the murderers and that it was no coincidence that each murder took place within a span of three years. One of the victims, Jagruti, was kidnapped and murdered in October; another victim, Karishma, was kidnapped and murdered in January; and the third victim, Angel, was found murdered in April. Furthermore, all these victims were between the ages of 3 and 4. While the bodies of Karishma and Jagruti were discovered at Nariman Point’s Fire Brigade Depot, Angel’s body was discovered from the sea near Maker Town in Cuffe Parade, the police were unable to identify the killer.
However, in January 2008, a man named Ravindra Kantrole, alias Abdul Rahim, was convicted of those murders, but he was later acquitted as the forensic tests were not relevant in 2009. This is yet another mysterious case that remains unresolved in the history of crimes!
Punishment for crimes committed by Beer man
If this Beer man had been apprehended, he would have been charged with murder and rape under Sections 302 and 376.
Charles Sobhraj
Who is Charles Sobhraj a.k.a. the bikini killer
Charles Sobhraj, commonly known as the “bikini killer,” was one of the most notorious and popular serial killers in the history of India. He was known as the “bikini killer” because of the state the victims were found in. Moreover, he was also known as a “splitting killer” and the “serpent” due to his “snake-like ability to avoid detection by authorities.” He was well-educated and had quite a charming personality, which helped him gain the confidence of victims before he had them killed.
It is said that Sobhraj killed at least 20 tourists in South and Southeast Asia, including some in Thailand. His mode of operation was quite simple. He would befriend tourists and later murder them, taking away their valuables and passports. He would gain the trust of his followers by helping them out in the time of need and allegedly killed some of them for they threatened him to expose his criminal activities.
Birth, rise and history of Charles Sobhraj
On April 6, 1944, in Saigon, to an Indian father, Sobhraj Hatchard Bavani, who was an Indian Sindhi and a textile merchant by profession, and a Vietnamese mother, a boy named Hatchand Bhawnani Gurumukh Charles was born. The couple were unmarried when they had him, and his father denied paternity. Later, his mother’s French husband, an Army lieutenant by profession, stationed in the Indo-China border adopted him; however, he was deserted when the couple had children of their own, which is when the neglected young boy started committing petty crimes. He had a tumultuous childhood and grew up on the streets and in juvenile prisons in France. Charles Sobhraj spent more than two decades on the streets of Asia, making friends with backpackers, drug dealers, smugglers, diplomats, and business owners. He would drug, rob, and finally strangle them to death and burn their bodies into ashes. In short, considering his neglected childhood, he moved from petty thefts to armed robbery to murder without much effort.
Sobhraj was first sentenced to jail time in 1963. While serving his jail time in prison in 1963, he often manipulated prison officials into allowing him to keep books in his cell. During that period, he met Felix d’Escogne, a wealthy young man and a prison volunteer. After he got paroled, he moved in with d’Escogne and would often spend his time moving between the high society of Paris and the criminal underworld. He started gathering wealth through a series of thefts and scandals.
Later, in 1973, he was again arrested during an armed robbery and imprisoned, where he pretended to fall sick and ran away to Kabul. Furthermore, he managed to flee the police in Kabul and travel to Iran. He left his wife and child behind, who came back to France. He kept running for the next two years, running from country to country, like Greece and Turkey, on stolen passports. Sobhraj was on the run from police in several countries, including Hong Kong, Thailand, Nepal, Pakistan, Afghanistan, Iran, Turkey, Greece, and France.
His modus operandi was to drug his victims’ drinks first and then either stab them or choke them to death. In some cases, he set the victims’ bodies on fire while they were still alive. He would then take away their valuables and passports.
Crimes committed by Charles Sobhraj
It is said that Charles killed at least 12 to 24 people from 1963 to 1976. Charles posed as a salesman who sold gems or a drug dealer for impressing and befriending tourists. While residing in India, he met Marie-Andrée Leclerc from Lévis, Quebec, who was a tourist wanting to go on an adventure. Leclerc became his most devoted follower and would often lure local women. Charles would gain followers by winning their loyalty, which he would do by helping them out in difficult situations. In one case, he helped two French policemen recover passports that he himself had stolen. In another instance, he helped a Frenchman, Dominique Renelleau, who was later joined by a young army officer, Ajay Chowdhury, who later on became Sobhraj’s helping hand. Sobhraj and Ajay Chaudhary committed their first known murder in 1957, and almost all the victims had spent some time with the duo before they were killed.
One of Sobhraj’s first victims was a young woman from Seattle, Teresa Knowlton, whose corpse was discovered drowned in a tidal pool in the Gulf of Thailand with a flower bikini on her. The drowning, even though it at first looked like an accident, was declared a murder after the autopsy reports were out.
The next victim was a young nomadic Turkish Sephardic Jew named Vitali Hakim, whose charred corpse was discovered on the route to the Pattaya resort, where Sobhraj and his group members were residing.
The other victims were two Dutch students, Henk Bintanja and his fiancée, Cocky Hemker, who were invited to Thailand after meeting Charles in Hong Kong. Fearing being exposed, Charles, with the help of Chowdhury, strangled them and burned them to death. After this incident, the previous victim’s girlfriend, Charmayne Carrou, was also found drowning in a swimsuit. This is how Sobhraj was nicknamed “the bikini killer.”
Further, Sobhraj used the victims’ passports to travel to countries like Nepal, Paris, etc. Later on, he came to India, where he killed an Israeli scholar, Avoni Jacob, to take possession of Jacob’s passport.
The trio’s next destination was Malaysia, where Chowdhury was seen stealing gems, and that was the last time Chowdhury was seen in public. It is alleged that Sobhraj killed Chowdhury to carry on his business with Leclerc, but no information was received on it.
Further, Sobhraj started building a new gang, starting with two Western women, Barbara Smith and Mary Ellen Eather, in Bombay. His next victim was a Frenchman, Jean-Luc Solomon, who was poisoned with the intention of incapacitating him, but the poison killed him.
In July 1976, Shobhraj and his accomplices were arrested when three students, whom he had poisoned, realised what was happening and contacted the police straight away.
Arrest, conviction, and trial of Charles Sobhraj
In 1976, during the interrogation of Sobhraj and his accomplices, Smith and Eather, the accomplices confessed to all the crimes, and all were sent to Tihar jail in New Delhi. While Smith and Ether committed suicide within two years of serving jail time, Sobhraj, who entered with precious gems concealed in his body, lived a comfortable life in jail. He kept hiring and firing his lawyers as per his whims and fancies but was ultimately sentenced to 12 years’ imprisonment. The allegations of murder against him were overturned on appeal, and he was only charged with the offence of attempted robbery, for which he was asked to serve 12 years of jail time.
Another accomplice of Sobhraj, Leclerc, with whom he was allegedly in a relationship, was arrested and charged with drugging some French students, but she was paroled later and returned to Canada, where she was diagnosed with ovarian cancer and died in April 1984.
Charles tried to escape from Tihar jail like he did for other jail terms. In 1997, after his release from Tihar, he went back to France, where he would charge money for his interviews.
Again in 2003, Charles was arrested for the murders of Connnie Jo Bronzich and Laurent Carrière. He was sentenced to life imprisonment for one murder, while the other case is pending. During the course of his trial, he allegedly got engaged to Nihita Biswas, who was his lawyer’s daughter in the jail itself; however, the jail authorities deny this claim. There have been several attempts to get him released from jail by his French and Nepali wives, both, but they were futile. He is now serving his punishment in the Kathmandu jail.
Punishment for crimes committed by Charles Sobhraj
Charles was only charged with an offence of attempted robbery in India, as discussed under Section 393 of the IPC. The other jail terms he served for murder, theft, etc., were in France and Nepal, among other countries.
Devendra Sharma
Who is Devendra Sharma a.k.a. Doctor Death
Devendra Sharma, an ayurvedic doctor turned serial killer, had a thing for vehicles! He confessed that he had killed not less than 50 drivers in the span of 2 years in the early 2000s and did so to steal their vehicles and sell them off. To add to this, he went on to confess to being a part of 100 other murders! From drivers of cars to trucks to those of taxis, he had killed a set of each! He used to sell all these vehicles on the black market for economic gain. But wait, this is not over yet! He used to run an illegal kidney transplant racket, too!
Birth, rise and history of Devendra Sharma
Devendra Kumar Sharma, also known as “Devendra,” “Devinder,” or “Doctor Death,” is an Indian serial killer and ayurvedic doctor born in Aligarh. He confessed to his involvement in more than 50 murders of taxi drivers. Between 2002 and 2004, he murdered seven taxi drivers.
Devendra Sharma completed his Bachelor of Ayurveda, Medicine, and Surgery (B.A.M.S.) from a college in Bihar in 1984. After graduation, he ran his own clinic for 11 years. In 1994, he made an investment in a gas dealership scheme, which turned out to be a scam. He faced a financial crisis as he had incurred a loss of Rs 11 lakhs from the scheme. A year after this fiasco, he entered the world of crime. Initially, he ran a fake gas agency and started an illegal kidney transplant racket. During 1994–2004, he and his gang were connected to the abduction and murder of several taxi drivers. They would sell the taxis in the grey market of Uttar Pradesh.
Crimes committed by Devendra Sharma
As mentioned above, Devendra Sharma, with his gang, would kill taxi drivers or other vehicle holders and would sell off their vehicles. He, with his accomplices, would pose as passengers, hire cabs from Delhi, Gurgaon, Faridabad, and other towns in the NCR, and then kill the drivers en route. The cabs would then be sold in an illegal auto market in Uttar Pradesh.
He earned around Rs 20,000 to Rs 25,000 for each vehicle. He would then discard all the dead bodies of his victims into the Hazrat Canal for consumption by the crocodiles in the canal.
Further, he was also involved in an illegal kidney transplant racket. It is said that he allegedly transplanted more than 125 kidneys. He would get anywhere from Rs 5 lakh to Rs 7 lakh for each kidney.
Arrest, conviction and trial of Devendra Sharma
Devendra Sharma was arrested in 2004 in Gurgaon by the Delhi police for his involvement in the kidney racket scandal, where he also confessed to the murders he committed. In 2004, he was sentenced to life imprisonment by a court in Rajasthan for the murder of a taxi driver residing in Jaipur, Rajasthan. In 2007, he was pronounced guilty of killing another taxi driver by an Additional District Judge in Faridabad. In 2008, Additional Sessions Judge Balbir Singh sentenced him to death for other murders. He had been held guilty in 6–7 cases, with the rest still pending.
In 2020, he was released on parole for 20 days after 16 years of imprisonment, but he fled and jumped parole. He was caught 6 months after this incident.
Punishment for crimes committed by Devendra Sharma
Sharma was charged under Section 302 (murder), Section 364 (abduction with the motive of killing) and Section 201 (disposing off the evidence such as the body of the victim) of the IPC.
Paedophile Ravinder Kumar
Who is paedophile Ravinder Kumar
Ravinder Kumar is an Indian serial killer, rapist, child molester, paedophile, and necrophile (a psychological condition where a person has a desire for sexual acts with corpses). He is said to have kidnapped, raped, and murdered at least 15 children. When caught, he confessed to murdering 30 children intoto.
Birth, rise and history of Ravinder Kumar
Ravinder Kumar, born in 1991 in Badaun, Uttar Pradesh, is notoriously known to have kidnapped, raped, and murdered several children between 2008 and 2015 in and around the outer Delhi cities. He would target children from families with poor financial backgrounds. He mostly targeted children who had no inbuilt toilets in their houses and who, thus, would come out to relieve themselves in the open. He also targeted children who were playing outside their houses and would lure them with money, chocolates, and sweets. All these children were between 4 and 6 years old.
He would operate in the areas of Delhi, some parts of Haryana, and the western parts of Uttar Pradesh. He admitted to killing more than 30 children, about 15 of whom he was found guilty of.
He started this killing spree when he was 17 years old, in 2008. He raped and murdered a labourer’s child from Samaypur Badli. During his confession, he said he would turn into a whole different person every time he would consume alcohol or drugs with his friends. He would also watch pornographic movies in a state of intoxication. He made a confession that he had picked up a labourer’s daughter from Delhi metro construction sites, taken her to a secluded spot, raped her, murdered her, and then dumped her body. But there were no reports filed on such happenings, and thus, no investigation was carried out thereon. In this manner, Kumar kept getting away with such crimes and was inspired to do the same for other children, too, without any fears.
When confronted by the police during his inquiry, he confessed he was inspired by the dubbed Hollywood movies such as “The Mummy” and the other blue films played in the village; these movies were arranged for public screenings by the village authority. He would pick his victims, i.e., the children, from the streets while they were sleeping. In some cases, this notorious criminal would even carry children to the crematorium grounds and rape and kill them there.
Crimes committed by Ravinder Kumar
Ravinder Kumar is said to have kidnapped, raped, and killed more than 30 children. Any child who would protest being sexually assaulted by him would end up losing their lives. He would then proceed to indulge in acts of necrophilia with the corpses of these children.
As per sources, it is alleged that he also had acquaintances to aid him in his criminal activities; however, he generally operated on his own, thus committing his abhorrent, vile acts while all drugged up and intoxicated with alcohol. It is said that he would go hunting for his victims after consuming alcohol or injecting or smoking drugs.
Arrest, conviction, and trial of Ravinder Kumar
Several FIRs were filed against Ravinder Kumar at the Mundka, Samaypur, Badli, Begampur, and Vijay Vihar police stations. He was first arrested in 2014, when a boy whom he had dumped in a septic tank, alleging he was dead, was rescued by the police. However, the police had to let it go because there was no evidence and the child was unable to identify him.
But he was again arrested by the police in 2015 for sexually assaulting and murdering a 6-year-old girl in Bengampur. These interrogations finally led to confessions of all the crimes he had committed, thus spilling out the truth, and he admitted to kidnapping, sexually assaulting, and killing about 30 children in total in Delhi and Uttar Pradesh.
When asked after his conviction whether he (Ravinder Kumar) had committed any wrongdoing and whether he was guilty of any of them, he replied in the affirmative. He also said he always regretted doing what he did. Even with the regrets, he could not refrain from getting intoxicated and going on a hunting spree. He confessed that he had no control over himself.
He was also tested for any mental health conditions to check whether he was mentally sound. His parents were shocked by the heinous crimes he had committed and refused to accept that their child would do anything of the sort.
Punishment for crimes committed by Ravinder Kumar
Ravinder Kumar must be charged under the following sections of the IPC:
M. Jaishankar, commonly known as “Psycho Shankar” was an Indian predator, and serial killer, infamously known for the series of rapes and murders he committed between 2008-2011. He is allegedly said to have been involved in around 30 rapes, murders, and robbery cases around Tamil Nadu, Karnataka, and Andhra Pradesh.
Birth, rise and history of M. Jaishankar
M. Jaishankar, alias Jaishankar, is the son of the late Maarimuttu, a native of Kanniampatty in Edappadi of Salem district, Tamil Nadu. He was a married man and had three daughters. He began his career as a truck driver after finishing his studies up to the 12th grade.
He entered the field of crime in 2008 and was reported for the first time in 2009. He always carried a black handbag with him.
He would kidnap sex workers near dhabas (roadside restaurants) on highways and rape them. Further, he befriended other women and took them to the field to rape them. He murdered a few of them brutally. Besides, his other targets were women in farmhouses. He also used to have a machete (a tool resembling a large knife) in the bag he carried, and any woman who resisted would end up losing her life with the tool.
Crimes committed by M. Jaishankar
As stated above, Jaishankar began his journey in the field of crime in 2008 but was held accountable for those activities only in 2009. His first crime report was at Perandahalli in the case of the rape and murder of a 45-year-old constable named P. Shyamala. By August 2009, he had raped and murdered 12 women and raped six other women.
Arrest, conviction and trial of M. Jaishankar
In August 2009, Jaishankar raped and murdered a 39-year-old police constable, M. Jayamani, who was temporarily on duty at Perumanallur. She was kidnapped and raped several times before she was murdered. Her body was discovered a month later, in September 2009. Further, Jaishankar and P Mohan Selvam, his partner in crime, were charged with the murder of another 50-year-old woman, K. Thangammal Ponnaya in September 2009, however, they were held not guilty due to insufficient evidence that caused delay in investigation and the lapse of time, thence.
Jaishankar was facing trial in more than 20 cases in Chennai, Dharmapuri, Hosur, Tirupattur of Tamil Nadu and Bangalore Rural, Chitradurga, Hiriyur, Kadur, Molakalmur and Tumkur in Karnataka.
A manhunt was set by the police of Tiruppur for searching Jayshankar, which led to his arrest in 2009, and he was imprisoned in the Coimbatore Central Prison for all 13 counts of rape he was charged with in the cities of Tiruppur and Dharmapur.
First escape
In 2011, while taking Jaishankar into a fast-track court for a murder case trial, he managed to get away from the clutches of the police. This was his first escape. He ran away to Karnataka and raped six women in Bellary over the next month, along with a man and a child residing in Dharmapuri. The police tried tracing him via his mobile phone, but their efforts were futile. They then put up wanted posters seeking leads in public places across Karnataka and Tamil Nadu.
Jaishankar was staying in Elagi village of Karnataka where he reached with the aid of a stolen motorcycle. There, he tried to rape a woman by approaching her for some food and water while she was working alone in the field. However, this woman raised an alarm and had her husband and a friend come to her rescue. Jaishankar tried to run away but was caught by the villagers and brought to the local police station, Zalaki, and later handed over to the Chitradurga police. He was sentenced to serve 27 years in prison and was imprisoned in the Parappana Agrahara Central Jail in Bangalore. He also had to undergo treatment for psychiatric problems in prison.
Second escape
In August 2013, Jaishankar was admitted to a hospital that was inside the premises because he complained of a feeling of uneasiness. The next day, he escaped again, jumping all the high rise jail walls smartly. A red alert was issued in all the police stations in Karnataka, and women were requested to be careful in isolated places. A reward of Rs. 50,000 was announced for any leads that would get him arrested. The police also printed 10,000 “wanted” posters and 75,000 pamphlets with several photographs of Jaishanakar; these pamphlets were in five languages, namely, Hindi, Kannada, Marathi, Tamil, and Telugu. These posters were spread out across Tamil Nadu, Andhra Pradesh, Kerala, and Maharashtra.
Final escape and arrest
Finally, Jaishanakar was arrested in September 2013, and he was sent to the Central Prison in Bangalore to serve the remaining punishment. He was kept in a jail cell with 24/7 CCTV monitoring and extra lighting, and the lock was designed in a manner that was beyond his reach. Moreover, it was decided that whenever he fell sick, he would be treated inside the prison instead of being taken out to be cured, to reduce the chances of him escaping.
In 2018, Jaishankar again tried to escape from Bangalore Central Prison, but his attempt was futile, after which he was held in solitary confinement. Just 2 days after this occurrence, he committed suicide by slitting his throat with a shaving blade that he had taken from a barber the day before. He was declared dead then.
Punishment for crimes committed by M. Jaishankar
M. Jaishankar, a.k.a. Psycho Shankar, must be charged under the following sections:
Section 300 (murder),
Section 302 (punishment for murder),
Section 375 (rape),
Section 376 (punishment for rape),
Section 201 (disappearance of evidence of offence), inter alia.
Amardeep Sada
Who is Amardeep Sada
Amardeep Sada is the youngest killer on the list of the greatest serial killers in India. He is an 8-year-old boy known to have killed 3 babies and confessed to these crimes without any resentment, fear, or guilt. He is also the youngest serial killer in the world.
Birth, rise and history of Amardeep Sada
Amardeep Sada was born in 1998 in Begusarai, a district in Bihar, to a man who was a labourer by profession. His family later relocated to the village of Mushahari in Bihar. He was born into a poor, impoverished family. He is one of the youngest serial killers in the world, as stated above, and one of the most efficient and heinous killers. He killed three children from 2006 to 2007.
His first crime or murder was committed when he was 7 years old. His modus operandi was to take these children onto a deserted field and hit them with a brick until they died. He would then hide the bodies of these children under piles of dried grass and leaves.
Crimes committed by Amardeep Sada
Amardeep Sada murdered 3 children in toto. One was his own sister, who was merely 8 months old. Another baby was a six-month old cousin of his. Whereas, the third child was of the similar age as his and was also one of his neighbours.
His family concealed the deaths of the first two kids, but when the third murder occurred, the whole village stood against them and called the police for an inquiry.
Arrest, conviction and trial of Amardeep Sada
Amardeep Sada fearlessly confessed in front of the police about the murders he had committed. He had no guilt whatsoever during this confession. When interrogated for one of his murders, he allegedly told the police, “Khapda se mar mar ke suta deliyay,” meaning “I killed her by beating her with a brick.” While he was captured, one psychologist addressed him as a “sadist who derives pleasure from inflicting injuries.”
When he was interrogated by the local villages and police, he was excited and happy to confess about the murders. To add to this, he even took them to the scene of his last crime and helped them recover the body. He did all this without even showing an iota of remorse. How creepy!
Trial of Amardeep Sada
There was not much information released for the public on the trial, arrest, or conviction of Amardeep Sada. But, as an 8-year-old, Amardeep could not face any lifelong legal sentence, for there are no such provisions under Indian laws. In fact, the maximum sentence this young serial killer could receive was three years in a juvenile facility. It is stated that Amardeep was arrested and sent to a remand home in Begusarai.
It is alleged that he did spend three years in a psychiatric facility; as to what happened later, it is again alleged that Amardeep was residing at a youth home until he turned 18. He turned 18 in 2016, so he presumably left home and started over!
As per a report, it is said that he renamed himself “Samarjit” in order to protect his identity and the privacy thereof.
Punishment for crimes committed by Amardeep Sada
Amardeep Sada, being a juvenile, was not charged under Section 300 or Section 302; instead, he was taken to a juvenile home or remand home, where he is said to have stayed until he turned 18 years of age.
Darbara Singh a.k.a. Baby killer
Who is Darbara Singh
Darbara Singh is yet another notorious serial killer in India. He was serving in the Indian Armed Forces but was suspended and arrested for throwing a grenade at the house of a senior officer in a moment of fury. He used to rape and murder the families of migrant workers. He was imprisoned for his wrongs.
He spent 30 years serving the punishment, and when freed, he started murdering and raping the children of migrant labourers to take revenge. A death sentence was pronounced against him for this, but considering the insufficient evidence, a subsequent sentence was announced imposing life imprisonment.
Birth, rise and history of Darbara Singh
Darbara Singh, was a resident of Jallupur Khera village, near Amritsar. He went on to join the Indian Armed Forces and was posted at an Air Force Station in Pathankot. In 1975, he allegedly threw a grenade at the house of a senior officer, Major V. K. Sharma, after getting into an argument with him. This incident caused serious injuries to the wife and the teenage son of the officer. Singh was fired from his job and arrested, but was later acquitted at the end of the trial. Further, Singh had three children but was abandoned by his wife and barred from their house because of his bad habits.
He had confessed to killing 17 children—15 girls and 2 boys. He also admitted that he would dump their bodies near a bridge on the Rayya-Khadoor Sahib Road after raping them. In some cases, he confessed that he would rape or sodomise the dead bodies of these victims.
His modus operandi was to lure the kids with sweets, samosas, sugarcane juice, and fireworks. He would take the child to a secluded place and then attack them. In many cases, he slit their throats and raped their bodies. When brought into custody for confession, he stated that he would rape the dead bodies to avoid hearing the “shrieks of the victims.” He would kidnap children between 10 a.m. and 12:30 p.m., when most of the labourers were out working in factories or so.
Darbara Singh was first arrested for raping and attempting to murder the daughter of a migrant worker. The next year, he was held guilty for 3 cases of rape and attempt to murder and was sentenced to 30 years of prison time. However, he was released from jail in 2003 on the basis of good conduct. This is when he started to plot revenge against migrant workers because he held them responsible for wasting several years of his life behind bars. Thus began his journey toward such ruthless criminal activities.
Crimes committed by Darbara Singh
In 2004, a total of 23 children, almost all under the age of 10, went missing from various parts of the city, of whom 6 were recovered by the police. After he was arrested, he made a confession that he was not drunk at the time of committing these crimes but would later celebrate almost all the killings with liquor and good food.
Within a period of 7 months, 23 children were said to be missing, of whom 6 were recovered, as discussed above. Darbara Singh stated he would target the children of migrants who were not Punjabis. A few incidents are listed below:
The rape and death of Diksha and the kidnapping of Asha
Diksha and her sister, Asha, were picked up by Darbara Singh, while he promised to buy them a shuttlecock and a racket. He took them to a canal near Rayyia. He made Asha sit on one side of the canal and took Diksha behind the bushes and raped her. Asha, who got frightened, escaped the place, but Diksha ended up losing her life.
When these girls did not return, a missing person complaint was lodged. Meanwhile, a man found Asha and fed her some food. Later, the police discovered Diksha’s dead body lying on a big stone near Bahadurpur’s upper canal. Her postmortem report revealed that she died of neurogenic shock as a result of injuries to her private parts.
The horrible murder of Tazbin
In yet another horrific incident, Tazbin and her sister were playing outside, where Darbara lured them with some sweets and an empty bottle, stating they could fetch a good amount of money by selling the bottle. He then asked the girls to sit on his bicycle, but Mumtaaz refused to join them. A week after this incident, sadly, Tazbin’s body was discovered lying in a mutilated condition in bushes at Chaheru village on the Jalandhar-Phagwara Road.
The inhumane act on a girl named Nishu
A girl named Nishu was playing with other children in front of her house when she went missing, for which her father lodged a missing person complaint. On the same day, the girl’s body was found by two individuals, Bhana Ram and Gurdev Singh, near a sugarcane field with a slit in her throat and an injured windpipe; however, she was rescued. She later testified against Darbara Singh.
The ruthless killing of Khushreed and his cousin Ronku
Darbara Singh murdered Khushreed, the son of a migrant labourer from Darbhanga district, Bihar. They were picked up in the afternoon when they were playing near their houses. When they did not return, the family lodged a missing person complaint. Their bodies were found after the arrest of Singh, and the post-mortem report showed that both children were sexually assaulted. Singh was acquitted in this case because of insufficient evidence.
Arrest, conviction, and trial of Darbara Singh
By September 2004, the fear of having their children raped and murdered had spread among the local residents. A Special Investigation Team (SIT) was set up to find the killer, and a rough sketch of him was prepared based on the information gathered from various sources. In October, 2004, a bicyclist who resembled the sketch was found with a bag of toffees, and the person was arrested, it turned out to be Darbara Singh. He tried to escape them, but was caught and confessed to the crimes during interrogation.
Nishu, the girl mentioned above, identified his pictures from the newspapers. He was sent to police custody for 10 days and was pronounced guilty in 18 cases of abduction, rape, and murder. By the end of 2007, i.e., within 3 years of his arrest, he had been acquitted in three cases because there was a lack of evidence against him in those matters.
In 2008, a death sentence was awarded to him for the murders of Khushreed and his cousin Ronku. However, the sentence was reversed. He was also acquitted in the aforementioned Tazbin’s rape and murder case because of a lack of evidence. Further, Nishu, who lost her ability to speak, identified this killer and testified to the same via expressions. He was sentenced to the death penalty, for which an appeal was made in the Punjab-Haryana High Court. The High Court rejected this appeal.
Death of Darbara Singh
In 2018, Darbara Singh fell severely ill and was moved from jail to the government hospital in Patiala, but he succumbed to death there. His family refused to claim his body, referring to his crimes as “unpardonable.”
Punishment for crimes committed by Darbara Singh
Darbara Singh was tried under the following sections of the IPC:
Section 376 (Punishment for rape),
Section 323 (Punishment for voluntarily causing hurt),
Section 354 (Assault or criminal force to woman with intent to outrage her modesty),
Section 511 (Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment).
Akku Yadav
Who is Akku Yadav
Bharat Kalicharan Yadav, commonly known as “Akku Yadav” is one of the cruellest serial killers in India. He was a serial killer and rapist, gangster, robber, home invader, kidnapper, and extortionist.
During his criminal journey, it is alleged he killed at least three individuals. He would torture and kidnap individuals, enter their homes, and extort their belongings. He is said to have raped over forty women and girls. Not only this, but he also bribed police officials with money and drinks to let him carry on with his criminal activities.
Birth, rise, and history of Akku Yadav
Akku Yadav spent his childhood in the Kasturba Nagar slum outside the central Indian city of Nagpur. He had two brothers, Santosh and Yuvraj. Yadav ran his business in the same slum he lived in. He had his own gang of criminals who controlled the slum and robbed, murdered, and tortured the residents living there.
Crimes committed by Akku Yadav
For fifteen years, Yadav kept the whole slum in terror. Anyone who claimed to be standing up against his atrocities would receive a murder and rape threat. According to his neighbours, Akku Yadav once raped a woman just after she got married. Another horrifying incident was when he stripped a man off his clothes and coerced him into dancing in front of his sixteen-year-old daughter while he burned him with a cigarette. The next horrendous incident on the list is when Yadav tortured a woman named Asha Bhagat right in front of her daughter and neighbours and chopped off her breasts and sliced her into pieces on the street. Another horrifying incident would be him beating up an elderly man for a petty amount of Rs 100.
Several other criminal acts were committed by this heinous killer. With this terror, around 25 families relocated from Kasturba Nagar.
Arrest, conviction and trial of Akku Yadav
In 2004, a family surnamed Madhukar raised their voice against the atrocities of Akku Yadav, and he was informed all his wrongful activities would be reported to the police, for which he also threatened Usha (the daughter of the Madhukar family) and her parents. Usha bravely handled the situation, which encouraged the other residents of the slum to raise their voices against him. The following day, the people of the slum teamed up against him and set his house on fire; however, he was not in his house at the time this occurrence took place.
To protect himself from further retaliations, Akku decided to surrender to the local police, as that would be the safest place for him to dwell. The police supported him, and this is why he believed he would get bail once the situation cooled down. From the above incident(s), it can be rightly observed that the police played a primary role in making Akku Yadav a serial killer.
When the people residing in the slum came to know that he would be freed soon, they decided to take action and punish him on their own. So, he was killed in the Nagpur District Court in a Vidarbha courtroom in 2004 (discussed below in detail).
Death of Akku Yadav
In 2004, while taking Akku Yadav to appear before the Nagpur District Court, word spread in the neighbourhood that he would be released soon and that the police officials had decided to keep him in custody until the situation cooled down and then release him as a part of a corrupt pact he had made with the police.
Hearing this, hundreds of women marched from Kasturba Nagar to the courtroom. Akku Yadav stood there in confidence without showing even a small sign of remorse on his face. He started mocking a woman he had raped before, which made the crowd’s blood boil in rage, and then all the women came forward, circling around Akku Yadav and yelling at him. Some women even threw chilli powder on him and the police officials protecting him; these women had hidden the powder under their clothing. The police, looking at the rage of the crowd, got overwhelmed and fled from the situation, leaving Akku Yadav behind. Then these women pulled out knives and started stabbing him. He cried for mercy, but to no avail.
Punishment for the murder of Akku Yadav
The accused were charged with the following sections of the IPC:
Section 353 (Assault or criminal force to deter public servant from discharge of his duty),
Section 427 (Mischief causing damage to the amount of fifty rupees).
However, the 5th District and Additional Session Judge, VT Suryavanshi, acquitted all 18 victims due to a lack of evidence. There were 22 accused in toto but 3 died during trial after a decade.
Punishment for crimes committed by Akku Yadav
Had Akku Yadav been punished and a sentence was imposed against him, he would have been charged under the following Sections of the IPC:
Section 302 (Murder),
Section 323 (Punishment for voluntarily causing hurt),
Section 354 (Assault or criminal force to woman with intent to outrage her modesty),
Section 376 (Punishment for rape),
Section 511 (Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment), etc.
Chandrakant Jha
Who is Chandrakant Jha
Chandrakant Jha is yet another serial killer who would befriend and kill people for their petty bad habits like drinking, lying, etc. He was once arrested for a murder but was acquitted for lack of evidence. He took pleasure in taunting the police by leaving the chopped body parts in different areas around the city and outside the Tihar Jail with notes and letters, challenging the police to catch him.
Birth, rise and history of Chandrakant Jha
Chandrakant Jha was born in Ghosai village in Madhepura district in Bihar to Radhey Kant Jha, who worked in an irrigation department, and Champadevi, a school teacher. His mother was quite aggressive and could not give much time and attention to him, nor did his family look after his well-being, education, or food; this made him feel the absence of parents at home. He studied until the 8th standard. He later relocated to Delhi in 1986, where he started working as a vegetable seller and a plastic hawker. It is said he has been married twice, although he abandoned his first wife within a year of their marriage and then married Mamta, a native of Madhubani, Bihar, and the couple has borne 5 daughters from the marriage. According to police officials, Chandrakant Jha kept changing his residence time and again; he was based in Hyderpur, whereas his family resided in Alipur.
When he was arrested for the first time for having a fight with a union leader, he was beaten and tortured by the police. His wife, too, was arrested for this mishap. This incident had a profound impact on Jhs’ life, and he began to believe that violence was the only way to deal with the injustices he had suffered. Gradually, he started developing an aggressive nature and became a short-tempered person. After he was released, he shifted his wife to another place, as stated above, and resided alone in JJ Colony, Delhi.
Chandrakant Jha was infamous for killing several people between 1998 and 2007. His modus operandi was to help young men, especially migrants from Uttar Pradesh and Bihar, get petty jobs. He would let them stay at his residence in JJ colony, Hyderpur, and would pamper them with all the love and care as if they were his children. However, any petty issue like drinking, smoking, lying, or being a non-vegetarian would pose enough of a trigger for him to kill them.
Usually, he would start his “death ritual” around 8 p.m. by tying the victim’s hands with a rope on the pretext of punishing them. He would then strangle them to death with a nunchaku (a weapon having two sticks joined by a cord or chain). After killing them, he would have dinner in the same room while the victim’s lifeless body lay there.
After his arrest, he even confessed that he was skilled in chopping the victim’s bodies and that he had mastered the art of chopping their bodies with minimal blood oozing out post-mutilation.
Crimes committed by Chandrakant Jha
Jha’s first murder was recorded in 1998. His first victim was Mangal from Adarsh Nagar. He was held captive till 2002, but was later absolved of the blame considering the lack of evidence.
The next murder was of a man named Shekhar, who was one of Jha’s assistants. This incident was witnessed in 2003. Jha killed Shekhar because he disliked his drinking and lying habits. He went on to murder at least five of his associates after this murder. Another murder in 2003 was that of a man named Umesh, for not speaking the truth and betraying him. He threw his body in front of Gate Number 1 of Tihar Jail, and this is how the series of throwing headless bodies outside the jail began. He wanted to retaliate against the police officials, hence, the antics. Sadly, he was acquitted for all these killings.
Then in 2005, he killed another associate, named Guddu, because he was against his lavish lifestyle and smoked ganja. Sadly, he was also exonerated for this killing. Amit was the fourth associate in a row to be murdered in 2006. He was killed for being a womaniser. A death sentence was pronounced against him for this killing.
Another victim was Upender, his fifth associate, who lost his life at the tender age of 19. He was killed for allegedly having an affair with the daughter of one of his friends. A death sentence was pronounced against him for his wrongs. In 2007, the last murder in this series occurred; of a man named Dalip. He was killed for his habit of eating non-vegetarian food. A life sentence was pronounced for this crime.
Arrest, conviction and trial of Chandrakant Jha
Chandrakant Jha was involved in 14 murders, including seven murder cases, but was found guilty of three counts of murder by the Rohini Sessions Court and received two death sentences and life imprisonment until his death in 2013. Further, a fine of Rs 20,000 was imposed on him.
In January 2016, his death sentence was commuted to life imprisonment without remission. He is now serving jail time in the Tihar prison complex in Delhi. His recent request for parole was denied in January 2022.
Punishment for crimes committed by Chandrakant Jha
Chandrakant Jha was held guilty under the followingsections of the IPC:
Section 201 (Causing disappearance of evidence of offence, or giving false information to screen offender),
Section 302 (Punishment for murder).
In addition, the following CrPC sections apply:
Section 219 (Three offences of same kind committed within year may be charged together),
Section 391 (An appellate court may take further evidence or direct it to be taken).
Motta Navas
Who is Motta Navas
Coming from the city of Kollam, Kerala, was a psychopathic serial killer named Motta Navas. He was active between June and August 2012. He would, on his early morning walks, go around killing pavement dwellers while they were asleep.
Birth, rise and history of Motta Navas
Motta Navas was born in 1966 in Kollam, India. He was a drug addict and would go to bed around 8 p.m. His modus operandi was to wake up in the middle of the night and roam through the city looking for potential victims. He began his journey to being a criminal in 1996, when he committed the first of his 7 murders. He was convicted twice for murder but was acquitted later because there were no witnesses. In 2007, he was arrested for murder but was released in 2011.
Crimes committed by Motta Navas
The first two murders
As stated above, the first murder committed by Motta Navas was in 1996. A man named Rajasekaran was murdered, and Navas was suspected of being at fault. The victim was around 65 years old. He was hit with a huge stone while he was sleeping underneath a flyover. He was arrested for this case but was acquitted later.
The second murder was of a man named Shamir in 2007, a decade after the first one. He was arrested but acquitted after four years, at which point he began the serial killings.
The next five murders
The first murder on the list of serial killings took place in the first week of June 2012. Astonishingly, the next murder was committed the very next day after the first, on the veranda of a shop. Here, a man named Appukuttan Achary was hit in the nape of his neck, causing injury to his spine and, eventually, death. The third murder was 11 days after the previous one, under the same flyover. A man named Bondan Kumar, aged around 65 years, was hit on the head with a stone. The fourth murder in this series was of a man named Thankappan, aged 55 and a native of Sasthamcotta, who lay dead on a bus waiting stand, where he was sleeping when attacked. The fifth attack was on a man named Sudarshan, aged 45, on the veranda of a municipal building, where he received a fatal blow to the head with a stone.
Two attempts to murder
Not only this, but there are two more murders on the list; fortunately, the victims managed to run away with injuries.
Arrest, conviction, and trial of Motta Navas
As mentioned above, Motta Navas had already been arrested twice for being a suspect in murders in 1996 and 2007 for allegedly being involved in murders, but he was acquitted in both cases for lack of evidence and witnesses. He was finally arrested again in 2012. According to the latest news, he is currently in police custody and waiting for trial.
Punishment for crimes committed by Motta Navas
Motta was charged with the following sections of IPC:
Section 449 (House trespass in order to commit offence punishable with death),
and
Section 313 (Power to examine the accused) of the CrPC.
Troilokya Tarini Devi a.k.a. Troilokya
Who is Troilokya
Last but not least on the detailed description list of the greatest serial killers in India is a woman named Troilokya. She is allegedly one of the first serial killers in the world. Troilakya’s journey from an innocent village girl to one of the terrors of her time is quite disheartening. She is said to have been a victim of patriarchy and also faced psychological issues.
Birth, rise and history of Troilokya
Troilokya’s journey to crime started in a quaint little village in Bengal in the 19th century. The Bengali Brahmins in that village practised a ritual named “Kulin”, where a girl child is married off to an older person, and the same ritual was followed for Troilokya. But since she was in her preteens, she would reside with her parents, as per the norm. She had the opportunity to meet her husband only once before his demise. Fortunately, she did not have to undergo the ill practises of sati or lead a life of celibacy, as she was allegedly given shelter by a kind-hearted lady; however, that lady turned out to be a procuress for brothels at Calcutta’s infamous Sonagachi. She then introduced Troilokya to a young man who enticed her and brought her to Calcutta for the purpose of selling her to a brothel, thereby beginning her journey into prostitution and crime.
Troilokya became very famous as a prostitute in Calcutta in no time. She bought herself all the luxury she wanted. However, she had a widower lover named Kali Babu, and his son Hari (whom she had adopted), who started pretending to become an obstruction to her business. With this hindrance came a lot of frustration, and Troilokya, along with Kali Babu, started cheating the clients by intoxicating their drinks with cigar ashes and stealing all their belongings when they were out of their senses. None of the victims dared to file a complaint, as that would tarnish their public image. This trick soon started becoming ineffective as everyone was now aware of such happenings, which called for another plan in order to make ends meet.
So next, the duo decided to hire a prostitute and pose her as a potential bride who would then marry a rich man and rob him off his belongings. They did succeed in this plan. All the jewellery collected was sold, and everyone got their shares, including Troilokya, but this scam too became old too soon. So they started abducting teenage girls from the streets of Calcutta to sell them off to brothels or to marry them to East Bengali families for economic gain. However, this news started to spread like wildfire, and Kali and Troilokya had to exit this arrangement as well. And thus began their journey toward serial killings.
Crimes committed by Troilokya
Troilokya was in a state of misery and was facing financial hardships after Kali Babu was convicted and hanged to death for murdering a wealthy man’s secretary. To make ends meet, she had no other option but to sell off her house and jewellery. Looking for options, she got in touch with her old acquaintances from Sonagachi and lured them into a scam where she said a priest (sadhu) would end all their issues if they visited him, and that the blessings would get doubled if they were all decked out in precious jewellery. These women, being gullible, blindly followed her commands. In a span of three years, Trolokya asked five women, one at a time, to visit a secluded garden with a large pond, where she would ask them to bathe but to remove their jewellery before doing so. As they followed her instructions, she would hold their heads under water until they drowned, then rob them of their jewellery and run away. She was once caught red-handed but lured the police officer into setting her free. The victim, dismayed by this act, approached another police station, investigated the case. However, Troilokya was lucky enough to walk free from this crime, too. Later, to earn more money, she choked a prostitute, Rajkumari, and robbed her of her jewellery. This was the last murder in her series of heinous killings.
Arrest, conviction, and trial of Troilokya
After Rajkumari’s incident, an investigation was carried out against Troilokya, and she was held guilty of the same. She then approached the High Court, which declared her guilty as well. She further went on to write a mercy petition to the Lieutenant Governor of Bengal, Sir Augustus Rivers Thompson, who denied the petition, and thus, she was hanged in 1984.
Her last words to Mukhopadhyay (the officer who investigated her case) were, “I am leaving Hari behind… Please look after him so that he does not get into trouble.”
Punishment for crimes committed by Troilokya
There is no concrete information on the punishments for crimes committed by Troilokya, however, she must have been charged for the offences of murder, robbery, abduction, inter alia.
List of other serial killers in India
To avoid the article being wordy, a brief overview of all the other serial killers is discussed below.
Santosh Pol – Dr. Death
Santosh Pol, born in November 1974, is an Indian doctor who confessed to killing 6 people, 5 women and a man, to be precise—from 2003 to 2016 in the town of Dhom, Maharashtra, by allegedly injecting them with succinylcholine, a neuro-muscular paralytic drug. Apart from these murders, he is said to be the reason behind the disappearance of several other people in the village. He was arrested in 2016, and he confessed to all the killings then.
Pol, along with his associates, used to kidnap the victims and inject them with lethal medicine, leading to their deaths. He would then bury the women’s bodies in his country home, the remains of which were recovered post confession, whereas the man’s body was discarded into a local water reservoir as per his confession.
Umesh Reddy
Umesh Reddy, alias B.A. Umesh, a former police constable, is yet another serial rapist and killer on the list who terrorised the states in the nineties. He was born in 1969 in Basappa Malige, a village in Chitradurga district, Karnataka. He confessed to killing 18 women and raping 20 women in the states of Karnataka, Maharashtra, and Gujarat. He was held guilty of 9 of them. A death sentence was imposed on him by a Sessions Court in Bangalore, and the Supreme Court upheld the Court’s decision. Further, the President rejected his mercy petition as well. However, in November 2022, the death sentence was commuted to life imprisonment.
Reddy would choose his victims with the utmost scrutiny and would visit housewives from 11 a.m. to 3 p.m. when there were no men at home. He would then manage to enter the victim’s house on the pretext of having water or asking for an address. He would then choke and rape them while they were unconscious. After this heinous activity, he would go about killing the victims and removing their jewellery to make it look like a robbery. He would then escape with their undergarments. Reddy, whenever arrested by the police, would have lingerie beneath his clothes.
Ripper Jayanandan
K.P. Jayanandan, a.k.a. “Ripper Jayanandan,” is a serial killer from Trichur, Kerala, India. He was accused of 7 murders committed during a span of 35 robberies, all committed from 2003–2006. A death sentence was imposed on him for the killings in June 2008. Jayanandan escaped from prison thrice, but was caught again by the police. He is now serving life imprisonment.
Satish – the baby killer
Satish, a.k.a. “The Bahadurgarh Baby Killer,” born in Ghaziabad, Uttar Pradesh, is yet another serial killer and paedophile on the list who was active from 1995 to 1998. When taken into custody, he confessed to kidnapping and attempting to rape fourteen girls and murdering ten. His nickname came from his victims, who were all between five and nine years old.
Sastish was arrested in 1998 on charges of killing 10 of his 12 victims. He was sentenced to life imprisonment because the court did not find his crime to fall under the category of “rarest of the rare.” Further, in 2008, the Punjab and Haryana High Court rejected the request for a death sentence.
Kampatimar Shankariya
Kampatimar Shankariya was born in Jaipur, Rajasthan, in 1952. He was arrested at the young age of 26 for killing around 70 victims. The chain of his serial killings lasted from 1977 to 1978. He was arrested in 1978, and a death penalty was imposed upon him, which was executed in May 1979. He realised his mistake while imprisoned; his last words were “I have murdered in vain. Nobody should become like me.”
Raja Kolander
Raja Kolander (born Ram Niranjan), the husband of a local politician, was first suspected of killing a journalist named Dhirendra Singh in 2001. During this investigation, his diary was discovered, and the police officials ascertained that this was not the only murder he had committed. The diary stated that Kolander would consume various parts of the victims’ bodies, including their brains. His modus operandiincluded shooting and cutting the bodies of the victims into smaller pieces and cooking some parts to consume them. Moreover, he is said to have been a part of a gang that would loot and kill the drivers of vehicles in order to steal them.
During the investigation, it was revealed that he would consume different parts of the victims’ bodies to seek revenge or increase his intelligence. He also confessed to talking to the skulls of the victims and playing with them. It is alleged that he has murdered 14 individuals, in addition to practising cannibalism. But even after 20 years, he still stands by his plea of not guilty.
The Joshi Abhyankar killings
These nerve-wracking killings, commonly known as the Joshi-Abhyankar serial murders, were committed by four college students in their early 20s, namely, Rajendra Jakkal, Dilip Sutar, Shantaram Jagtap, and Munawar Shah, and shook the entire city of Pune. Their group had a poor reputation on the college campus for stealing, drinking, and hooliganism. These killers were hanged to death for the ten murders they committed unanimously between January 1976 and March 1977. The criminals were sentenced to death by a local court in Pune in 1978, and the death sentence was upheld by the High Court and the Supreme Court. Further, the mercy petition was rejected by the President of India, and the four were hanged to death at Yerwada Central Jail in 1983.
Capital punishment for such killers : a boon or a bane
In India, capital punishment is reserved for the “rarest of rare cases.” There are several substantive laws for a death penalty, the main one being the Indian Penal Code, 1860.
The execution of these crimes is carried out by hanging as a primary method of execution, as stated under Section 354(5) of the Criminal Procedure Code, 1973. Presently, there are 488 prisoners on death row.
You may be wondering whether the death penalty is really necessary at this point. Well, there is no straight-jacket answer to it. As the saying goes, “every coin has two sides,” so does a capital punishment. Let us have a look at the pros and cons in brief:
Capital punishment is cheaper in comaprison to life sentence.
The system of retributive justice or “an eye for an eye” provides justice to the victim, helps in comforting the grieving families, and also makes sure that no crime of such heinous nature will be committed ever in the future.
It serves as a deterrent for other criminals.
It is believed a guilty mind must be awarded a punishment with respect to the severity of the crime. Crimes like murder and rape are grave in nature, thus, death penalty can be given.
It gave arbitrary power to the government for taking a human life, thus being a gross violation of right to life, enshrined under Article 21 of the Indian Constitution.
No concrete evidence that death penalty has been an effective detterent.
It worsens social injustice by targeting individuals who do not have an economic backup to provide financial aid.
Might influence others to commit more crimes as the criminal might go to any extent to quieten the victim’s voice against the atrocities.
According to human rights activists, it is inhumane and barbaric.
There is no reasonable and just principle governing the execution of convicts on death row.
End viewpoint on capital punishment
Even though capital punishment is cruel, morally wrong, and revengeful, it does not eradicate crimes from society altogether but makes sure that they are not repeated again. Capital punishment being irrevocable, i.e., if once dead, an individual cannot be brought back to life; a point must be made to assure that no innocent faces such a harsh penalty. However, there are times, like the “rarest of rare cases,” when the death penalty is the utmost necessary option, as held in the case of Mukesh and Anr v. State for NCT Of Delhi (2017).
The debate shall never end, as the person who has suffered will definitely be in its favour, whereas, the criminal will be against it. So, the judges must be careful while awarding a death sentence. Further, the focus should be on compensating the victims or their family members and reducing the crimes committed in society.
A brief analysis of all the sections under which the aforementioned serial killers were charged
Murder
Section 302 of the Penal Code states that whoever perpetrates a murder shall be given a death sentence or imprisonment and shall also be liable to a fine. Committing murder is a non-bailable, non-compoundable, and cognizable offence, and the criminal will be liable to be tried under the Sessions Court, whereas the concerned ministry will be the Ministry of Home Affairs and the concerned department will be the Department of Internal Security.
Rape
The word “rape” is legally defined under Section 375 of the IPC, and the punishment for rape is defined under Section 376 of the Code. Rape against a woman carries a minimum ten-year prison sentence as well as a fine. The only exception is that the woman is his wife, who is not under 12 years of age. To date, women fall prey to the heinous crime of marital rape, and the Penal Code definitely needs an amendment to such age-old laws. Further, rape is a cognizable offence. Also, it is a non-compoundable offence, meaning the survivor can agree to take back the charges levied against the accused.
Kidnapping and abduction
Kidnapping for the purpose of killing or murder is defined under Section 364 of the IPC, whereas abduction is described under Section 362 of the IPC. The punishment for kidnapping and abduction is discussed under Section 363 of the Code. Kidnapping is a cognizable offence as well as a bailable offence.
Robbery and attempt to robbery
Robbery is discussed under Section 309 of the IPC, and the punishment is discussed under Section 392. It is a cognizable and non-bailable offence. Whereas, attempting to commit robbery is discussed under Section 393 and the punishment is stated under Section 394, which is a cognizable and non-bailable offence, just like robbery.
Conclusion
Even though crime is a five-letter word, it has the potential to instil huge terror. The aforementioned serial killers showed the potential in question can practically be beyond all measures. All such occurrences really send a chill down the spine. Such serial killers are no doubt the most feared, and they are oftentimes said to be “inhuman beings.” Indeed, all these happenings are like a crime novel that has come true!
Anup Soni is right when he asks his spectators to be cautious via his tagline, “saavdhan rahein, satark rahein!”
Please keep in mind that the goal of this article is not to scare readers, but to educate them about notorious serial killers and their activities. These were just a few widely disseminated updates on serial killers. Readers can read about the top 10 most wanted criminals in India by visiting this page. Whereas, if one wants to read about the top 10 most wanted criminals in the world, kindly visit this page.
M. Jaishankar, discussed above, is known to be the biggest psycho killer in India.
Who is the youngest serial killer in India?
As discussed above, Amarjeet Sada is the youngest serial killer in India. He was taken into custody at the age of 8–9 years old for killing three children.
Who was the first serial killer ever?
A soldier named “Breton nobleman Gilles de Rais” is allegedly the first recorded serial killer in history across the globe. He was responsible for the murder of more than 100 children.
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This article has been authored by Bhavika Mittal, who is pursuing BA LLB at Shri Navalamal Firodia Law College, Pune. This article attempts to give a detailed account of the punishment provided by Section 323 of the Indian Penal Code, 1860.
It has been published by Rachit Garg.
Table of Contents
Introduction
Chapter XVI, titled “Of Offences Affecting The Human Body” of the Indian Penal Code, 1860, is said to be the heart of substantive criminal law. From the title, it can be deduced that the chapter ensures preserving and protecting the right to life and liberty as provided under Article 21 of the Constitution. It is the largest chapter of the Code, consisting of eighty-eight sections. These sections, in totality, cover all the aspects affecting human life.
One such non-fatal offence is hurt. It is not a fatal offence because of its non-severe nature and the negligible probability of affecting human life. Section 319 defines the offence of hurt by providing qualifications for the same. The punishment for voluntarily causing hurt is provided under Section 323 IPC. To convict an accused, hurt must be voluntarily caused by fulfilling the requirements mentioned under Section 321.
Hurt defined
The framers of the Code laid down four categories of physical assault, hurt being one of them. In layman’s language, “hurt” is when one person causes pain or injury to another. Such acts which affect humans are defined and consequently punished by the Indian Penal Code. Section 319 of the Code defines the offence of hurt.
Bodily pain
The criteria restrict itself to physical suffering only; mental and emotional pain are out of the purview of this section. Here, causing bodily pain is a requirement irrespective of the means employed, directly or indirectly. Additionally, the duration of pain doesn’t matter.
Illustration: A gives alarming news to B. Here, pain may be caused to B, but A is not liable for causing hurt.
Illustration: A, a person beats B with a stick. Here, A is liable for causing hurt to B.
In Sailendra Nath Hati v. Aswini Mukherji, 1987, the petitioner in the instant case was found guilty of hurt under Section 323 IPC by the Calcutta High Court. The Petitioner slapped the respondent, resulting in the respondent falling on the road and kicked her on the waist.
Disease
The person communicating a particular disease to another would be guilty of causing hurt. The Code does not define “disease”, but in a general sense, disease means impairment of a normal state, which affects the performance of vital functions. Regarding the transmission of sexual diseases like syphilis, etc., the judiciary’s views conflict.
Illustration: A, a person suffering from a contagious disease deliberately comes in contact with B. Here, A is guilty of causing hurt.
Infirmity
It is the inability of an organ to function normally, be it permanently or temporarily. It also includes temporary mental impairment, hysteria, or terror.
InAnis Beg v. Emperor, 1923, a girl and her family members, upon consumption of sweets, were seized by the symptoms of datura poisoning. The girl had entered delirium and was at risk of falling into a coma. The boy distributed the sweets upon persuasion by the appellant. The appellant was held guilty of causing hurt. Concludingly, neither of the persons who consumed the sweet died.
But there are instances where the accused is held guilty of hurt even though death has been caused, but only when there was neither intention nor likeliness to cause death.
For instance, inMarcelino Fernandes and others v. State, 1970, the appellants and four others beat up a man for selling a fake ring. Consequently, the victim died after three hours. The court held that the accused are not punishable under Section 304 IPC but under Section 323 IPC. The court took this decision because there was no sufficient proof of intent to kill or cause such bodily injuries, which likely caused death.
Voluntarily causing hurt
Section 321 IPC defines voluntarily causing hurt as whoever does an act:
with the intention to hurt, or
with the knowledge to likely cause hurt, and
does cause hurt to another.
Simply put, voluntarily causing hurt is causing hurt with intention or knowledge. Thus, either the ingredient of intention or of knowledge must essentially be present to constitute an offence under the section.
InDalpati Majhi v. State, 1981, the victim was using an aggressive tone, which created disturbance. The accused arrived at the scene on hearing such voices and attempted to take the victim away by holding his hands. In removing the victim from the place, the victim fell and couldn’t get up. Consequently, it was known that the victim was in a drunken state, and the accuser moved him away with the intention of restoring peace. Therefore, the Orissa High Court concluded that it could be inferred that there was no intention or knowledge on the part of the petitioner. Thus, the petitioner was acquitted of the charges under Section 321 IPC.
Classification of offence
Voluntarily causing hurt being a non-cognizable offence, is bailable and compoundable at the court’s discretion. Additionally, it is triable by any Magistrate.
Those acts where there is an intention of causing hurt to one person but is caused to another
Section 321 IPC covers all those acts where another party is hurt in the course of causing hurt to the intended person. In Radhey v. State, 1969, the victim had allegedly concealed the appellant’s mother in his house, thus, establishing the attacker’s intention. The accused and two other persons had attacked the victim with lathis resulting in the victim’s death. The accusers were held guilty of culpable homicide not amounting to murder. Further, three months of imprisonment were imposed under Section 323 IPC for causing hurt to three other persons who had intervened in the fight and received lathi blows. Here, even though there was no intention or knowledge to cause hurt to the interveners, the accuser was held guilty.
The acts which fall under Section 321 IPC are punishable under Section 323 IPC.
Essentials of Section 323 IPC
This is a general section for the punishment of voluntarily causing simple hurt. To convict a person under Section 323 IPC, it is necessary to test whether the hurt caused is,
firstly, voluntary in nature, and
secondly, such hurt should not be a consequence of grave and sudden provocation. The section explicitly states that Section 334 IPC, which talks about voluntarily causing hurt due to provocation, is an exception to it.
Section 334 IPC
The section prescribes punishment for voluntarily causing hurt on grave and sudden provocation. The section is viewed as the controller to Section 323 IPC as pronounced by the Allahabad High Court in Emperor v. Yussaif Hussain, 1918, where two men got into a fight, and the end of the quarrel resulted in the victim bleeding profusely. The accused was convicted under Section 334 and sentenced to pay Rs. 100.
Meaning of grave and sudden provocation
The interpretation of grave and sudden provocation under Section 323 IPC is said to resemble the meaning of Exception 1 to Section 300 IPC. It means, briefly, that the accused must be deprived of self-control by grave and sudden provocation and that, for that moment, he is not the master of his conduct. Such provocation shall not be voluntarily sought. The lawful exercise of private defence and use of legal powers by public servants are exceptional to the provisions of Exception 1.
Who is punished
Upon reading the section, it can easily be inferred that the person who causes hurt to the giver of sudden and grave provocation shall be punished under the Section and by no means have the intention or knowledge to hurt another. The proof of voluntarily causing hurt is based on a grave and sudden provocation, which depends upon the facts and circumstances of the case. Such proof is required by Section 334 to ensure that hurt is inflicted only on the giver of provocation and that there was no intention or knowledge of causing hurt to another.
Therefore, to convict an accused under Section 323 IPC, voluntary causing hurt must be caused without sudden or grave provocation.
Punishment for crime committed under Section 323 IPC
Where all the required elements of Section 321, “voluntarily causing hurt”, are fulfilled, the convict will be punished with the following:
imprisonment of simple or rigorous nature extending up to 1 year, or
a fine up to a thousand rupees is levied, or
both.
When a person is legally entitled to use force, and in the course of such action, a slight injury is caused, a complaint under Section 323 IPC will not be entertained. The case would instead fall under Section 95 of the Code.
InShaymji v. State of Rajasthan, 1992, the accused, in a drunken state, beat his wife and threw a stone on her head, resulting in her death. The trial court convicted the accused under Section 302 IPC and Section 323 IPC. A petition was filed with the High Court of Rajasthan based on the post-mortem report, which did not reveal the exact cause of death. Also, upon investigation and witness hearings, it was established that there was a cordial relationship between the accused and the deceased. Thus, the accused was convicted under Section 323 IPC and sentenced to rigorous imprisonment of one year.
In Pirthi v. State of Haryana, 1993, in a quarrel, the accused kicked the deceased on his testicles. The dead did not receive medical treatment for two days, resulting in the death of the injured due to toxaemia. Since the cause of death was not the hurt caused by the accused, the Supreme Court set aside the conviction under Section 304 Part II and was convicted under Section 323 IPC with rigorous imprisonment of seven months and a fine of thousand rupees paid to the heirs of the deceased.
From the cases above, it can be observed that Section 323 IPC is widely brought into action when the accused is initially charged with severe offences like murder or culpable homicide not amounting to murder. Upon investigation and trial, the designated judicial bench reduces the gravity of the punishment to Section 323 IPC based on the facts and circumstances of the case.
Thus, the section functions as a life jacket for the accused, who are not guilty of committing serious offences and are safeguarded from being sentenced with grave punishments.
Important case laws
Muhammad Ibrahim v. Shaik Dawood, 1920
The court in Muhammad Ibrahim v. Shaik Dawood, 1920, held that there would be no termination of prosecution under Section 323 IPC by reason of the victim’s death.
Issue raised
Is the death of a person injured grounds for termination of prosecution under Section 323 IPC?
Facts
Two persons were charged under Section 323 IPC for beating the dead victim. The defence pleader brought to the Magistrate’s notice that the injured person’s death abates the prosecution under the section. The Magistrate considered the contention but concluded the case without conviction or acquittal.
Following this, an appeal was filed with the Madras High Court. It was found impossible to serve the second accused. As for the first accused, who is the respondent in the instant case, the High Court ordered the Magistrate to restore the case and convict the respondent.
Judgement
The Madras High Court pronounced the decision and held that a prosecution under this section does not abate because of the death of the person injured. Therefore, under Section 323 IPC, punishment would be granted even if the injured person dies.
Kosana Ranganayakamma vs Pasupulati Subbamma And Ors, 1966
InKosana Ranganayakamma vs Pasupulati Subbamma And Ors, 1966, four accused beat the victim, out of whom three were acquitted. Further, a revision petition was filed with the Session Judge but was dismissed. The complainant filed a special leave petition but was refused by the Andhra Pradesh High Court. The High Court declined to intervene with the lower court’s order to convict the accused under Section 319, 321, read with Section 323, for pulling a woman by her hair. In this case, pulling women by hair was held as an offence as it indicates acts of aggression which inflict hurt. The accused was sentenced to rigorous imprisonment of one month and a fine of thirty rupees.
Conclusion
The obscure difference between hurt and voluntarily causing hurt can be distinguished with the help of intention and knowledge as mandatory elements to Section 321 IPC of voluntarily causing hurt. But these two separate offences are punished under a general Section 323 IPC. The Section is not absolute in its sense as it exempts from convicting those offences of hurt caused as a consequence of sudden and grave provocation. Apart from this, Section 323 is a safety section in favour of the accused. This seems like a necessity because a person is said to be innocent until proven guilty.
Frequently Asked Questions (FAQs)
Does spreading COVID-19 constitute an offence of hurt?
No, because coronavirus is a deadly disease. The spreading of such a dangerous infection is punishable under Section 269 IPC. In Pawan Giri And Ors vs State Of Haryana, 2022, the court pronounced that in order to attract Section 269 IPC, the act of an accused must be one which is likely to spread infection of any disease dangerous to life.
In which court is an offence under Section 323 IPC tried?
For the crime committed under Section 323 IPC, any Magistrate has the jurisdiction for trial.
References
Ratanlal and Dhirajlal, The Indian Penal Code, 30th edition
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This article is written by Anvita Bhardwaj, a student pursuing B.A. LL.B. from Symbiosis Law School, NOIDA. It explains Section 195 of the CrPC, which deals with prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. Section 340 has also been elaborated upon, as it lays down the procedure for offences under Section 195.
it has been published by Rachit Garg.
Table of Contents
Introduction
Typically, anyone may initiate criminal proceedings by filing a written or verbal complaint with the police or in a magistrate’s court. However, the legislature, in its wisdom, has restricted this right in respect of certain offences, more specifically enumerated in Section 195 of the Criminal Procedure Code (CrPC), 1973.
In general, the word “cognizance” is defined as “knowledge” or “notice,” and the phrase “taking cognizance of offences” refers to taking cognizance of the alleged commission of an offence. Section 195 of the Code of Criminal Procedure, 1973, is a limitation on the power to take cognizance. In this article, I will discuss all aspects of Section 195 of the CrPC, including its clauses and the courts’ interpretation of this Section through case laws.
Scope and objective of Section 195 CrPC
In India, Section 195 of the Code of Criminal Procedure (CrPC) outlines the legal requirements for prosecution for offences connected to contempt of public servants’ authority, forging of specific documents, using a forged document as genuine, and creation of false evidence. This Section’s goal is to create a legislative framework that protects public employees and institutions from baseless and harassing charges and ensures that those who commit such violations face the consequences.
It outlines the requirements for a court to recognise an offence under this provision as well as the process that must be followed in order to prosecute such offences. Only the public servant or officer in charge of the public office or institution that is the subject of the alleged offence, or the authority to whom such a public servant or officer is subordinate, may file a complaint under this Section.
Additionally, Section 195 of the Criminal Procedure Code forbids the cognizance of offences without the prior approval of the government. In certain circumstances, the cognizance of offences under Sections 191 to 229 of the IPC can only be taken after the prior approval of the government is obtained in order to protect public servants from frivolous complaints.
Section 195 CrPC simplified
Section 195 of the CrPC talks about prosecution for crimes against public justice, crimes involving documents used as evidence, and crimes involving contempt of the lawful authority of public servants.
Section 195 Clause 1
Section 195(1)(a)(i)
No offence punishable under Sections 172 to 188 (inclusive) of the Indian Penal Code, 1860 shall be brought before a court.
Section 195(1)(a)(ii)
No Court shall take cognizance of any effort of abetting or aiding of the commission of such an offence.
Section 195(1)(a)(iii)
A criminal conspiracy to commit such an offence cannot be brought before a court unless the public servant involved or another public servant to whom he is administratively subordinate files a written complaint.
Section 195(1)(b)(i)
When an offence is alleged to have been committed in, or in connection with, any proceeding in any court, no court shall take cognizance of any offence punishable under any of the following Sections of the Indian Penal Code (1860), namely, Sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive), and 228.
Section 195(1)(b)(ii)
When an offence is alleged to have been committed in relation to a document submitted or given in evidence in a proceeding before any court, no court shall cognize the offence under Section 463 or punishable under Sections 471, 475, or 476 of the aforementioned Code.
Section 195(1)(b)(iii)
A criminal conspiracy to commit, attempt to commit, or abetment in the commission of any of the offences listed in sub-clauses (i) or (ii) may only be brought before a court on a written complaint from that court or another court to which it is subordinate.
Section 195 Clause 2
Any authority to which a public servant is administratively subordinate may order the withdrawal of a complaint made pursuant to clause (a) of sub-section (1), and upon receipt of the order by the court, no further action with respect to the complaint shall be taken: Provided, however, that no such withdrawal shall be ordered if the trial in the Court of First Instance has been completed.
Section 195 Clause 3
The term “court” is expressed in sub-section (1), clause (b), as a civil, revenue, or criminal court, as well as a tribunal established by or operating under a central, provincial, or state Act if such Act designates that tribunal as a court for the purposes of this Section.
Section 195 Clause 4
For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be inferior to
the Court from which appeals ordinarily may be taken from the appealable judgments or
sentences of such former Court, or
in the case of a Civil Court from whose judgments no appeal may ordinarily be taken, to the principal court having ordinary original civil jurisdiction within whose local jurisdiction such civil court is situated:
Section 195(4)(a)
In situations where appeals lie in more than one court, the appellate court with inferior jurisdiction would be deemed to be such a court that is subordinate.
Section 195(4)(b)
Where appeals are allowed to both the civil and revenue courts, the revenue court shall be judged to be superior to the civil court depending on the nature of the case or action in which the alleged offence was committed.
Case laws interpreting the legislative intent behind Section 195 CrPC
In Sushil Kumar v. State of Haryana, (1988), the Court determined that the provisions of Section 195(1)(b)(ii) do not apply because the allegedly forged document was not produced in court;
InChandrapal Singh v. Maharaj Singh, (1982), the Court determined that Section 195(3) establishes a prerequisite for taking an offence under Section 193 of the Code.
In MS Ahlawat v. State of Haryana, (1999), it was determined that Section 340 of the CrPC prescribes the process as to how a complaint may be preferred under Section 195 of the Code, whereas Section 195 of the Code says that no court may take cognizance of the offences listed in Section 195 of the CrPC without first complying with its obligatory provisions.
Conditions to be satisfied in order to invoke Section 195 CrPC
Before a court can take cognizance of an offence under Section 195 of the Code of Criminal Procedure (CrPC), a number of prerequisites must be met. These circumstances include:
The person in charge of the public office or institution that is the subject of the alleged offence, or the authority to whom such public worker or officer is subordinate, must file a complaint.
The person filing the complaint must do so in writing and with their signature.
The nature of the alleged offence and the supporting documentation must be specified in the complaint.
A copy of the record or other supporting documentation that serves as the basis for the charge must be included with the complaint.
No court may adjudicate a violation of this Section’s provisions until the accused has had a chance to present his or her defence.
No court may take notice of an offence under Sections 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211, and 228 of the IPC without the prior approval of the Government or the authority to whom the public worker is subordinate.
Additionally, in some circumstances, the government must first grant prior approval before the offences under Sections 191 to 229 of the IPC can be officially recognised.
It is significant to note that in order for a court to take cognizance of an offence under Section 195 of the CrPC, all of these requirements must be satisfied; otherwise, the court may dismiss the complaint.
Section 340 – Procedure for cases listed under Section 195 CrPC
Clause 1
When a court receives a request in this regard or otherwise determines that it is necessary for the administration of justice to conduct an investigation into an offence listed in sub-section (1)(b) of section 195 that appears to have been committed during or in connection with a proceeding in that court, or, as the case may be, with respect to a document produced or offered as evidence in a proceeding in that court, the court may, after such preliminary inquiry:
Record the finding.
Make a written complaint.
Send that written complaint to the First Class Magistrate who has jurisdiction over the matter.
Take adequate security measures before producing the accused in front of the Magistrate. In case it is a non-bailable offence, the accused can also be sent to custody under the Magistrate.
Bind over people to appear before the Magistrate to give evidence.
Clause 2
The court to which such former court is subordinate within the meaning of sub-section (4) of Section 195 may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such a complaint, exercise the power granted to that court by sub-section (1) with respect to that offence.
Clause 3
When a complaint is made under this Section, it will be signed:
In the case of a High Court: by an officer appointed by the Court.
In the case of any other court: by a presiding officer.
Clause 4
“Court” has the same meaning here as is provided under Section 195.
The conflict between Section 188 of IPC and Section 195 of CrPC
What is Section 188 IPC
According to this Section, if a civil servant with legitimate authority has issued an order and the accused person has willfully disobeyed it, which has resulted in or is likely to result in obstruction, annoyance, injury, a risk to anyone with lawful employment, or danger to life, health, or safety and if disobedience causes obstruction, irritation, or harm to a person who is lawfully employed, the offender will be penalised with either a term of imprisonment up to one month, a fine up to 200 rupees, or a combination of the two.
However, where it puts human life, health, and safety in danger, the perpetrator shall be penalised with either a term of imprisonment that may not exceed six months, a fine that may not exceed one thousand rupees or both. The type of offence covered by this Section is one that is both cognizable and bailable. It was discovered during the Covid-19 lockdown that any violation of the lockdown order would be subject to a violation under the second part of Section 188 IPC.
Conflict
A crucial question about whether a police officer can make an arrest without a warrant because of the restriction imposed by Section 195 CrPC has arisen. This means that a police officer has the authority to make an arrest without a warrant, as well as to file an FIR and begin an investigation into the offence. This also means that the police may submit the final report required by Section 173(2) of the Code of Criminal Procedure to the appropriate court at the conclusion of the investigation. Section 195 of the CrPC enters the scene at precisely this point. In connection with certain offences, this Section envisions a unique procedural requirement. No court may take cognizance of an offence punishable under Sections 172 to 188 of the Indian Penal Code except on a complaint led by the public servant concerned or his superior, according to Section 195(1). This simply means that the competent court cannot consider a complaint from a private person regarding disobedience to a lawful order of a public servant offence. Investigating agencies, prosecution agencies, and state authorities have frequently disregarded or misconstrued this procedural intricacy in the implementation of Section 188 of the Indian Penal Code, which has led to litigation before the courts from throughout the nation.
According to the First Schedule CrPC, only on the basis of a written complaint brought before it by the public official whose order the accused has disobeyed has an offence under Section 188 IPC been made. Therefore, the bar imposed by Section 195 of the CrPC won’t be an issue if, in addition to the police report, a complaint by the concerned public servant can be presented before the court that would otherwise have the authority to take cognizance. The court may conduct an inquiry or order an investigation to be made under Section 202 of the CrPC after questioning the complainant and witnesses in accordance with Section 200 of the CrPC. The court may then issue a process under Section 204 of the CrPC or dismiss the complaint in accordance with Section 203 of the CrPC. As a result, a Section 188 IPC prosecution cannot be started based only on a police report.
This conflict caused numerous issues during the COVID-19 lockdown when the courts were not fully operational, and it must be addressed so that similar issues do not arise in the future.
Frequently Asked Questions (FAQs)
Is Section 195 a bailable offence or a non-bailable offence?
Section 195 is a bailable offence.
Can Section 195 operate independently?
No, Section 195 cannot operate without Section 340 of the CrPC. Without Section 340, there would be no clear procedure for prosecuting individuals for offences under Section 195.
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Stamp duty is a type of tax which is charged by the State government. The purpose of stamp duty is to give legal recognition to documents. An improperly stamped document is not recognised as valid in the eyes of law. This article presents an overview of the various types of stamps and the documents they have to be affixed upon.
Brief about stamping of documents and instruments
Section 3 of the Indian Stamp Act lays down for payment of stamp duty upon instruments mentioned in the section. A few examples of these instruments of payment are bills of exchange, promissory notes, sales deeds, etc. Each state has their own stamp duty acts which follow the rules and regulations laid down by the main act. Stamp duty while giving legal recognition to a document also gives the holder of the document the ability to use the document as evidence in a court of law. This is the reason behind stamping a document. As per Section 2(11) a document will be said to be stamped properly after the proper amount for the said stamp has been paid and the document bears an Adhesive stamp and an Impressed Stamp. The Section also mentions that the said stamp should be affixed following the law laid down for the stamp.
It is important to note that there exists a difference between a document and an instrument. A document is defined under Section 3(11) of the General Clauses Act, 1977 as anything that is written down or depicted in writing by means of letters, figures or marks with the intention to record something. This essentially means that a document is only meant for recording a matter and does not actually transfer rights or create liability.
An instrument on the other hand creates rights and liabilities. An instrument is defined under Section 2(14) as any document that either creates or appears to create a transfer, limit, extend, extinguish, or record any right or liability. An Instrument by itself is a legal document which means it can be used as evidence in a court of law and is under obligation to be stamped unless expressly exempted. Documents on the other hand do not have to be stamped unless they want to be used as evidence in a court of law.
There also exists a penalty for not stamping a document that needs to be stamped. The Indian Stamp Act of 1899 was introduced as a means to generate revenue for the government, therefore, it is often referred to as a tax levied by the government. Therefore, the Act also lays down a penalty for the non-stamping of an instrument as it is a form of evading tax.
Types of stamps
Stamp duty and stamps are mostly used interchangeably as they mean the same thing. This is because stamps act as proof that the required stamp duty has been paid. Therefore stamps have even been classified into two main categories.
1. Adhesive Stamps: they are the most common forms of stamps and are stuck to an instrument when the required stamp duty is paid. An example of the same is postal stamps which are stuck on letters. They act as a proof that the stamp duty for the postal series has been paid. Section 11 mentions all the instruments an adhesive stamp can be used upon. They are used on instruments chargeable, bills of exchange and promissory notes drawn in India, by an advocate or vakil on the roll of the High Court, notarial acts and when shares are transferred by endorsement in an incorporated company.
2. Impressed Stamps: These are those stamps which an office affixes, impresses or engraves on a registered instrument. The impression rendered on documents by franking machines also fall under the category of impressed stamps.
Documents on which different stamps are used
Non-judicial stamp
Contracts are a major part of society today. Many businesses and other entities such as the government enter into various types of contracts to conduct business. This is done to clearly outline the rights and liabilities of the parties involved in the agreement. It also acts as a document of proof in the event either of the parties defaults in their duty. It is essential for such documents to be registered with the government and this is what a non-judicial stamp is used for. A non-judicial stamp is a form of registration of the agreement and can only be used for non-judicial agreements which are transactional in nature such as a Gift Deed, Lease Deed, etc.
Judicial Stamps or Court fee stamps
A Court fee Stamp is one that is used to indicate that the payment of the court fee has been done. Court fee is not only charged for admitting a case but also on each document executed by the parties. The deposition of each witness examined on behalf of the party is another factor taken into consideration while. Due to the amount of documents being executed as evidence and witnesses being examined and cross-examined, payment of court fee is done subsequently after the trial is over. It is then paid through a court fee stamp to eliminate paper transactions so the fee is paid to the appropriate authority. This is done through a judicial stamp, which is also known as a court fee stamp. Essentially the party has to pay the relevant court fee to a branch of Stock Holding Corporation of India to attain a judicial stamp which acts as a representation that the relevant court fee has been paid.
E-stamping
Due to the Covid-19 pandemic, countries had to digitize many services to ensure public health and safety. Therefore, many companies made their products and services accessible to their customers online. The Stock Holding Corporation of India Limited is the only authorized entity that deals with stamps in India and offers stamp services to the public. E-stamping is nothing but stamps which can be acquired through the internet at the comfort of one’s home. Once the payment for the respective stamp is made thought an online third party portal, an e-stamp certificate is generated which acts as proof of payment for the same.
Franking
When an individual or a corporate entity purchases an immovable property, proof of that purchase comes in the form of a Sales Deed. When this is done, it also has to be registered as mentioned earlier under Non-Judicial stamps. This registration is nothing but a form of tax collected by the government for the purchase of immovable property where the government will affix a stamp on the document after the appropriate fee is paid. Franking of document papers acts as a form of evidence that the stamp duty related to the documents involved in the purchase of the immovable property has been paid.
Notary Stamps
When a court of law is entertaining a case, evidentiary documents and affidavits have to be executed in order to show proof by both sides of the party. An affidavit is a document that confirms that everything submitted in a document is true to the knowledge of the party submitting it. However, coercion may have taken place. For example, party A and party B are involved in a property dispute. Party B forced party A to submit a document that would completely defeat the case of party A or to submit a fake document. A notary stamp is a type of stamp that acts as a confirmation that the document submitted by the party is not done due to force and is original and not fabricated. This is because the notary authority is one which is appointed by the government and when a document is submitted to it, the authority cross-references the document with the existing records before giving it a notary stamp. When a document with a notary stamp is presented to a court by a party, the court will recognise the document as original and safe to execute since it has a notary stamp.
In the case of Kashi Prasad Saksena vs State Government Of U.P., Lucknow certain documents were rejected by the court as they did not possess the notary stamps and it was the duty of the notary to make sure that the documents in question were stamped.
Revenue Stamp
The government of any country generates revenue for maintenance of society through the levy of tax on income generated by residents of the country. A revenue stamp is a type of Adhesive stamp that is used for this purpose. If you make a payment of more than Rs. 5000/- to another person, you can demand a stamped receipt with a Re 1/- revenue stamp under Section 30. Further, Section 2(23) mandates the affixing of a stamp revenue on any receipt above Rs 5000.
Hundi Paper
A Hundi paper was a type of revenue stamp used by the colonial British government. It resembled a negotiable instrument in the sense that it outlined the liability of one person who was in debt to another to make a payment to the person who he owed the money to. For example, A borrowed ₹1000/- from B. B then presented to A a Hundi paper which A signed outlining his liability that he owed B the amount he borrowed with interest if any. This is how a Hundi paper was used. However, these papers are not considered to be part of the formal legal system and therefore they have no legal status. They are not covered either under the Indian Stamp Act of 1899 or under the Negotiable Instruments Act 1881.
Government Receipts Accounting System
The administration cost of collection of taxable and non-tax receipts can be extremely high and time-consuming. To ease the process, the government has introduced the Government Receipt Accounting System or GRAS as a common collection portal. This portable facilitates the collection of these fees through e-challans generated by the government. After the payment is done, a stamp certificate is generated which will act as proof of payment.
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This article has been written by Oishika Banerji of Amity Law School, Kolkata. This article discusses Section 115BBA of the Income Tax Act, 1961 which discusses the benefit of a lower corporate tax rate for Indian firms.
it has been published by Rachit Garg.
Table of Contents
Introduction
In order to offer domestic firms lower tax rates, the Government of India introduced Section 115BAA on September 20, 2019, through the Taxation (Amendment) Act 2019, in the Income Tax Act, 1961. Under Section 115BAA, domestic businesses have the option of paying tax at a rate of 22% along with a 10% surcharge and a 4% cess. If the corporation decides to use Section 115BAA, MAT (Minimum Alternate Tax) will not apply. The Income Tax Act of 1961 is modified in some ways by the Indian government. A lowering in the corporate tax rate for domestic and manufacturing businesses was among the stated adjustments made by the amendment Act of 2019. The MAT rate has also decreased from 18.5 percent to 15 percent. In this article, the relevance, scope, objective and requirement of Section 115BAA of the Income Tax Act, 1961 have been discussed.
Role of the Income Tax Act, 1961 on the growth of domestic business
According to Section 2(22A) of the Income Tax Act, 1961, a domestic company is defined as an Indian company or any other company that has established the necessary arrangements for the declaration and payment of dividends (including dividends on preference shares) payable out of such income within the territory of India. A fair analysis would come to the conclusion that well-designed tax policies have the potential to increase economic growth, but there are many roadblocks to overcome and there is absolutely no assurance that all tax adjustments will enhance economic performance. Given the different ways that tax policy influences growth, a tax policy that encourages growth would include:
Significant beneficial incentive (substitution) effects that promote investment ment, saving, and work;
Income effects that are marginally good or detrimental, such as carefully directing tax cuts toward new economic activity rather than giving prior activities windfall gains;
A decrease in distortions among economic sectors, as well as between various income and consumption kinds; and
Negligible rises in the budget deficit.
Reduction in income tax rates
When income tax rates are reduced, when income tax rates are reduced, both income and substitution effects are witnessed in the economy. Tax rate reductions have a beneficial impact on the growth of the economy because they increase the after-tax benefits of investing, saving, and working. Through the effects of substitution, these increased after-tax returns encourage additional work effort, saving, and investment. Tax reductions often have this “intended” impact on the size of the economy. Pure rate reductions also have the advantage of lowering the value of existing tax distortions and causing a shift in the composition of economic activity away from currently tax-favoured industries like healthcare and real estate, improving efficiency (even when the level of economic activity is held constant). Pure rate reductions, however, may also have favourable income (or wealth) impacts, which lessen the need for work, saving, and investing.
For instance, all of these effects are included in a rate reduction for income taxes across the board. By boosting the marginal return to work, it expands the labour pool due to the substitution effect. It lessens the value of current tax breaks, which is likely to change how the economy is structured. At every level of labour supply, it also increases a household’s after-tax income, which, via the income impact, causes the labour supply to decline. The overall impact on the labour supply is unclear. Tax rate reductions’ effects on saving and other activities have a similar effect.
The government is correct to argue that India is now viewed as a globally competitive economy and a preferred location for investment, and that these decreased rates (under Section 115BAA) are now some of the lowest in the world following the implementation of reduced rates for corporate taxpayers. The average corporate tax rate in Europe is 19.35%, while it is 21.09% in Asia, 27.21% in the Americas, and 28.24% in Africa. Now it just takes a matter of time to see how far the government will get with its goal of encouraging Indian businesses to enter the ambit of “Make in India.”
Tax reform
Tax reform includes both lowering income tax rates and trying to broaden the tax base. This means reducing the use of tax expenditures and other things that narrow the base. Base-broadening will typically result in a rise in the average effective marginal tax rates on labour supply, savings, and investment by eliminating the unique treatment of certain sources of income or consumption.
This has two effects:
First, truly revenue-neutral tax reform should have no average income effect.
Second, the average substitution effect will be smaller from a revenue-neutral tax reform than from a tax rate cut because the lower tax rate increases incentives to work, while the base widening decreases such incentives.
Base-broadening also has another impact that should contribute to the growth of the economy. It would specifically decrease the number of resources allocated to the sectors and industries that currently enjoy favourable tax treatment. A system with lower rates and a larger base would encourage resources to flow out of currently tax-favoured industries and into those with better pre-tax returns. The economy would grow in size as a result of the reallocation. Section 115BAA of the Income Tax Act of 1961 is indeed a blessing in the form of tax reform for domestic companies in terms of their operations.
Features of Section 115BAA of the Income Tax Act, 1961
After gathering an idea about tax rate reduction and reformation that the Act of 1961 brings along with it for benefitting domestic companies, the notable features of Section 115BAA need to be taken into consideration, which are provided hereunder:
An alternative system signifies that application of the discussed provision is not mandatory by nature.
Corporations have the option to reject concessional tax and switch back to the previous tax system.
The provision includes the additional cess, and fee and the tax rate is 22%+.
The corporations must choose to forgo the MAT in order to be eligible to select to participate under Section 115BAA.
Need for Section 115BAA of the Income Tax Act, 1961
The Taxation (Amendment) Act, 2019 was passed by the Government of India on September 20th, 2019, and on that day, Section 115BAA was put into effect. This Act makes a number of changes to the Income Tax Act of 1961. A reduction in the corporate tax rate for both domestic and manufacturing enterprises was among the changes that were announced. Additionally, the MAT rate was lowered from 18.5% to 15%. Under Section 115BAA, domestic enterprises have the choice to pay tax at a rate of 22% plus a surcharge of 10% and a cess of 4%. The effective tax rate will be 25.17% starting in FY 2019–20 (AY 2020–21) if such domestic enterprises meet the requirements. If the corporation chooses Section 115BAA, it is not required to pay tax under MAT.
Which domestic companies are eligible to enjoy the benefit of Section 115BAA
The following requirements must be met in order for all domestic businesses to elect to pay income tax at the rate of 22% (plus any relevant surcharge and cess), as have been provided hereunder:
Such businesses shouldn’t take advantage of any exclusions or incentives provided by various income tax regulations. As a result, the company’s total income shall be calculated without:
Claiming any deduction under Section 10AA that is specifically available for units built in special economic zones.
In the states of Andhra Pradesh, Bihar, Telangana, and West Bengal, claiming additional depreciation under Section 32 and investment allowance under Section 32AD in relation to new equipment built in designated rural regions.
Claiming a deduction under Section 33AB for businesses that manufacture tea, coffee, and rubber.
Claiming a deduction for contributions made by Indian enterprises that extract or produce petroleum, natural gas, or both under Section 33ABA to the Site Restoration Fund.
Claiming a deduction under Section 35 for expenses incurred for scientific research, as well as money given to an IIT, National Laboratory, institution, or research organisation.
Use Section 35AD to claim a deduction for capital expenditures made by any designated firm.
Requesting a deduction for the costs associated with a project to extend agriculture under Section 35CCC of a project to improve skills under Section 35CCD.
Claiming a deduction under Chapter VI-A of the Income Tax Act, 1961 for income that is permitted by Sections 80IA, 80IAB, 80IAC, 80IB, and other similar provisions, with the exception of Sections 80JJAA and 80M.
Claiming a deduction under Chapter VI-A for income that is permitted under Sections 80IA, 80IAB, 80IAC, 80IB, and other similar provisions, but not Section 80JJAA.
Claiming a set-off for any losses that have been carried over or depreciation from prior years, if such losses relate to the deductions mentioned above.
A deduction for additional/accelerated depreciation; a claim by an amalgamated company for set-off of carried forward loss or unabsorbed depreciation belonging to an amalgamating firm, if such loss or unabsorbed depreciation is due to the foregoing deductions. However, the typical depreciation may be claimed.
If the corporation chooses Section 115BAA, then the chance to claim set off is permanently gone. The aforementioned losses shall be assumed to have been allowed and shall not be available for carry forward and set off in later years.
These businesses must use this option in order to be subject to taxation under Section 115BAA on or before the deadline for filing income tax returns, which is typically September 30 of the assessment year. The due date has been moved up to February 15, 2021, for the AY 2020–2021. Once a firm chooses to use Section 115BAA during a specific fiscal year, that choice cannot be changed later. The CBDT has advised that the choice is in Form 10-IC. Online submission of the form is required, either with a digital signature or an electronic verification code.
Any existing company can transition into this sector at any time; there are no turnover restrictions and the company does not need to be brand-new.
Detailed analysis of Section 115BAA of the Income Tax Act, 1961
Section 115BAA of the Income Tax Act, 1961 comprises five clauses with each addressing a different factor associated with the provision and together upholding the legislative intent behind the provision. The clauses have been discussed below,
Section 115BAA (1) of the Income Tax Act, 1961
In accordance with Chapter XII’s provisions, in addition to those mentioned under Sections 115BA and 115BAB, if all of the requirements outlined in subsection (2) are met, the income tax owed with respect to a person’s total income for any prior fiscal year relevant to the assessment year that starts on or after April 1, 2020, will be computed at 22%. A list of special income tax rates under Chapter XII has been provided hereunder:
Tax on Short-Term Capital Gains in certain cases (Section 111A).
Tax on dividends, royalties, and fees for technical services in the case of foreign companies (Section 115A).
Tax on Long Term Capital Gains in certain cases (Section 112A).
Tax on income from bonds or GDRs purchased in foreign currency or capital gain arising from their transfer (Sections 115AC/ 115ACA).
Tax on winnings from lotteries, crossword puzzles, and races including horse races (Section 115BB).
Tax on income from virtual digital assets (Section 115BBH).
Tax on income from transfer of carbon credits (Section 115).
The aforementioned provisions make it clear that a corporation choosing this new tax regime under Section 115BAA will be subject to the rates of the special tax included for a number of transactions in Chapter XII. A firm cannot prefer the concessional tax rate under identical Sections 115BA or 115BAB of the Income Tax Act after choosing the concessional tax rate under Section 115BAA of that law.
The provisio to sub-section (1) of Section 115BAA says that if a domestic corporation wants to use the tax breaks in that section, it has to meet a number of requirements. The proviso to Section 115BAA(1) says that this option is illegal for the current and subsequent assessment years if the company was unable to meet these requirements in any prior financial year. Additionally, their income will be evaluated to make sure they haven’t taken advantage of the opportunity to pay less tax for that assessment period and the one after it.
Section 115BAA (2) of the Income Tax Act, 1961
As previously stated, a domestic corporation is qualified to choose the favourable tax regime provided by this section if they meet the requirements outlined in subsection (2) of Section 115BAA. If a domestic corporation opts for the reduced tax rate under Section 115BAA, it must forgo the following exemptions or deductions:
Section 10AA: Deduction to new units that have been established in SEZ.
Deduction for money paid to particular research associations at a university, college, or another research facility.
Deduction pertains to the amount paid to a firm to be used for scientific research.
Deduction for any money provided to organisations, universities, or institutions that do research in the social sciences or statistics.
Section 35(2AA): Deductions are connected to money paid to a national lab, college, IIT, or a specific individual who will be involved in scientific research for a project that has been approved.
Section 35(2AB): Deductions for any type of cost incurred by a company involved in the manufacture, production, or processing of goods, as defined in the Eleventh Schedule, on an internal scientific development and research facility.
Section 35AD: Tax deductions for depreciation on capital expenses incurred by a specific type of business.
Section 35CCC: Deductions pertaining to the agricultural extension project.
Section 35CCD: Deductions for costs incurred in a skill-development initiative.
Deductions under Chapter VIA: Domestic corporations that use Section 115BAA are not permitted to deduct the expenses listed in Chapter VIA. However, the following deductions are possible:
Section 80JJAA: Deductions for the hire of new personnel.
Section 80M: Deductions for dividends paid to other corporations.
Additionally, if a domestic corporation opts for Section 115BAA, it must determine its total income without deducting any losses carried forward or deductions from assessment years earlier to this one, if the loss or depreciation is related to one of the above-mentioned deductions.
If any allowance or loss for an unabsorbed deduction is attributable to one of the above-mentioned deductions, the total income should be calculated without deducting it.
In addition to the additional depreciation under Section 32 (1) (iia), the total income of a corporation that elects to use Section 115BAA should be determined by permitting the deduction, if any, in accordance with Section 32’s rules.
Section 115BAA (3) of the Income Tax Act, 1961
When a corporation opts for Section 115BAA of the Income Tax Act, any unabsorbed depreciation or losses from prior years that are connected to the non-deductible expenses under Section 115BAA (2) will expire and cannot be claimed in the years that follow. The fact that all carried forward depreciation and losses will cease to be deductible has the taxpayers perplexed. It has been made clear that, for a corporation that chooses Section 115BAA, there are no limitations on carrying forward and offsetting losses or depreciation. The only limitation is on things that are prohibited by Section 115BAA (2).
According to the proviso to subsection (3), domestic corporations with unabsorbed deductions are required to make the appropriate adjustment to the written down value (WDV) of certain blocks of assets as of April 1, 2019. If the corporation uses the option provided by Section 115BAA, then this is valid.
Section 115BAA (4) of the Income Tax Act, 1961
Domestic corporations cannot use Chapter VIA deductions for determining their total revenue if they choose the tax regime under Section 115BAA. The deductions indicated in Sections 80JJAA and 80M are the only exceptions provided by Section 115BAA (2).
A unit in the Indian Financial System Code (IFSC) is permitted to deduct 100% of the income indicated in clause (2) of this particular provision (Section 115BAA) under Section 80LA of the ITA. A unit in the IFSC must give up the benefit of the deduction under Section 80LA with regard to Section 115BAA if it decides to take the deduction under Section 115BAA (2). This is where subsection (4) is applicable.
The unit in the IFSC that chooses Section 115BAA is permitted to benefit from deductions under Section 80LA up to 100% of its income for a continuous period of ten years out of the initial 15 years, as per subsection 4 of Section 115BAA. Consequently, a unit in the IFSC may subtract the following expenses from its total income:
Normal Depreciation.
Deduction under Section 80M.
Deduction under Section 80JJAA.
Deduction under Section 80LA
Section 115BAA (5) of the Income Tax Act, 1961
According to this clause, a domestic firm may only profit from a reduced tax rate if they want to do so.
In order to exercise the option, they must file Form 10-IC on or before the deadline set forth in Section 139(1) of the Act of 1961.
For the current and succeeding assessment years, the option cannot be revoked once it has been exercised.
The proviso to Section 115BAA (5) specifies that a corporation may now choose Section 115BAA if it previously exercised the option under Section 115BAB and it was invalidated due to any of the reasons listed above. Because of the invalidation under one provision, the corporation is not ineligible to choose a benefit under another section. Sections 115BAA and 115BAB function separately.
Conditions that are applicable under Section 115BAA of the Income Tax Act, 1961 on domestic companies
Every domestic corporation is now eligible to pay income tax at a rate of 22% (applicable cess plus surcharge) under the new taxation system. However, these corporations must consider the following deductions in accordance with the Income Tax Act of 1961:
Under Section 10A deductions for special economic zones (SEZ).
Deductions under Section 35 for money spent at any university on scientific research.
Deductions for tea, rubber, and coffee under Section 33AB.
In addition to the parts of Sections 80 LA, 80JJAA, and 80M, deductions that come within Chapter VI A.
The investment made by a specific company under Section 35AD.
Concessions resulting from losses and unreimbursed depreciation fall under Section 72A.
Deductions under sections 35CCC and 35CCD for costs incurred as a result of programmes for agriculture extension or skill development.
Additional depreciation falls under Section 32A as well as the investment allowance for establishing industries (Section 32AD) in the identified underdeveloped regions of Telangana, Bihar, West Bengal, and Andhra Pradesh.
A corporation that chooses Section 115BAA has an effective tax rate that is slightly lower, but these corporations are not eligible for the other tax benefits specified in the Act of 1961. Few of the deductions, exemptions, incentives, and other depreciations listed in the ITA, 1961, can be claimed by corporations if they opt not to use Section 115BAA.
How should a domestic company apply Section 115BAA to its advantage
Corporations may use Section 115BAA in accordance with Rule No. 21AE. They must submit Form 10-IC of the Income Tax Act, 1961 in order to choose this option. It mostly consists of the decisions that must be taken and the requirements that must be presented electronically using an e-verification code or a digital signature certificate.
According to Section 139(1) of the Income Tax Act, 1961, it must be filed on or before the deadline for filing income tax returns. For domestic enterprises that must abide by transfer pricing regulations, the deadline is the 30th of November of each assessment year, while for other businesses it is the 31st of October. If the following criteria are satisfied, any domestic firm has the option of paying its income tax at a rate of 22%.
Can a domestic company exclude itself from the application of Section 115BAA of the Income Tax Act, 1961 on it
Domestic businesses can choose to take advantage of this discounted rate after their tax holidays, exemptions, or incentives, as described in point B above, have expired if they do not want to do so right away. When their tax deduction period expires, they must complete it. The concessional tax rate under Section 115BAA of the Income Tax Act of 1961, however, cannot be later removed by such a firm.
Conclusion
On September 20, 2019, the Government of India introduced the Taxation Laws (Amendment) Act, 2019, which reduced the corporate tax rates to 22% for existing domestic companies and 15% for new domestic manufacturing companies, among other fiscal reliefs, in an effort to draw new investment into the manufacturing sector and thereby support the “Make-in-India” initiative. After corporate tax rates were reduced, India became the nation with the lowest corporation tax rate when compared to other major nations. If a firm chooses this option, it must forgo any applicable exemptions or deductions that would otherwise be available to companies that do not choose this option. This stage simplifies the difficult process of determining the applicability of all exemptions and deductions available to the company and then fulfilling their requirements; the company is no longer obliged to carry out such onerous work and is just required to pay tax at a lower rate.
Domestic firms that want to take advantage of the lower income tax rates available under Section 115BAA of the Income Tax Act of 1961 must meet a few requirements in order to be eligible. Existing businesses are free to switch to the tax rates stated in this section at any time. They cannot, however, take advantage of additional benefits offered by the Act of 1961 if they choose a new taxation system over the one that is now in place.
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