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UN Profile - India

------------------------------------------------------------------------
2.0. GENERAL BACKGROUND
 
Fundamentals:  India is a great country with an area of 3 287 320 square
kilometres.  According to the national census in 1981, her population was 685
million 180 000.  With a population increase rate of 2.1%, the population in
1989 is estimated at over 800 million.
 
  India is a continent of infinite variety where vast numbers of people of
different race, religion and dialects live together harmoniously.
 
  The basis of Indian Society lies in villages.  The 1981 national census shows
that 76.7% of the population live in farm villages and 70.6% of the labour
population engages in agriculture.  The social structure of India is based on
three concepts, i.e., the village community, joint family and caste system.
 
  India attained independence from the United Kingdom in 1947.  As for the
structure of the government, India is a federal nation with 22 states and 9
union territories.  The constitution stipulates the respective independence of
the legislature, the executive and the judicature.  India is a nation of
parliamentary democracy with the parliament consisting of two houses, Rajya
Sabha and Lok Sabha.  The president, the head of the nation, is elected through
indirect election by members of both houses and state assemblies.  The prime
minister who represents the executive branch is usually elected among the lower
house members.  The executive authority is divided into the federal government
and states.  The responsibility for crime prevention and the treatment of
offenders, including the administration of the police and prisons, belong to
state governments.  The federal government exercises jurisdiction over financial
and technical assistance, enactment of laws, information exchange, and training
of personnel and research.
 
Basis of criminal law and procedure
 
The basic substantive law is the Indian Penal Code, 1860 which stipulates
offences and punishments.  Major categories of offences prescribed are offences
against the state, offences by or relating to public servants, offences relating
to elections, offences against public justice, offences affecting public health,
safety and morals, offences affecting the human body, offences against property
and offences relating to documents.
 
  Juvenile is defined as a boy who has not attained the age of 16 years or a
girl who has not attained the age of 18 years.  A minimum age limit of criminal
responsibility is 7 years.  A boy of 16 years of age or over and under 21 years
of age, or a girl of 18 years of age or over and less than 21 years of age is
considered a youthful offender, and receives different treatment from an adult
offender.  The Juvenile Justice Act, 1986 was enacted for the protection,
adjudication, treatment and rehabilitation of neglected or delinquent juveniles.
 
  The main law on criminal procedure is the Code of Criminal Procedure, 1973.
The Code classifies offences into two categories; cognizable offence and non-
cognizable offence.  For cognizable offences, the police officer may arrest the
offender without warrant.
 
  As for the investigation procedure, an arrested suspect must be forwarded by
the police to the nearest magistrate within 24 hours, by whom the legality of
arrest and necessity of detention is examined.  The magistrate may authorise
detention of the suspect in police custody for a term not exceeding 15 days.
The magistrate may also authorise pre-trial detention of a suspect in judicial
custody for a period not exceeding 90 days in respect of offences punishable
with death/life imprisonment or imprisonment for not less than 10 years and 60
days in respect of other offences.  The suspect can be released on bail at any
stage.  The police have the capacity to terminate a case by using their own
discretion.  In 1982, 174 642 cases were dismissed by the police without any
measures (The Third United Nations Survey).  On completion of investigation, the
police submit the charge sheet to the public prosecutor with reports and
documents.  The public prosecutor examines the case and sometimes gives advice
to the police on legal issues or sufficiency of evidence, but it is not binding.
The case is prosecuted in court by the public prosecutor.
 
  Regarding the courts system, the Supreme Court, with 17 justices, is the
highest judicial organ and has jurisdiction over the whole nation and whose
legal judgement is binding upon all the lower courts.  Each state has a high
court which is the highest court in the state and adjudicates appeals from
subordinate courts.  A state consists of several sessions which are also divided
into several districts.  In each session there is a session court and in each
district there are magistrate courts.
 
  The maintenance and development of prisons is a state subject and the state
governments have their own prison manuals.  Prisons are categorised as below:
central prisons; district gaols; state gaols for women; special gaols; open
gaols and sub-gaols.  Gaols having accommodation for more than 500 prisoners are
called central prisons.  Prisoners sentenced to imprisonment over 2 years are
detained in central prisons.  Prisoners sentenced to imprisonment up to 2 years
are confined in district gaols.  Special gaols are opened whenever necessary for
the confinement of such prisoners as the state government may order.  Sub-gaols
are for under trial prisoners.
 
Trends in the number of reported offences
 
According to the Third United Nations Survey, the number of crimes recorded in
the criminal (police) statistics are shown in Table 1.
 
  During the period, 1980 to 1983, the total number of recorded crimes in 1982
and 1983 showed an increase compared to those of 1980 and 1981.  The number of
violent offences such as intentional homicide, non-intentional homicide and rape
increased, while the number of property offences such as robbery, theft and
embezzlement showed a decline.
 
 
TABLE 1
 
The Number of Crimes Recorded in the
Criminal (Police) Statistics (Include
`Attempts to Commit' in the Figures given)
 
                       Total for calendar or fiscal year
                                        
Types of Crime        1980        1981      1982       1983
Intentional homicide 22149       22727     23339      25112
Robbery              38687       37622     34638      33692
Theft               597731      579599    517966     492639
( major thefts only)
 
Source: Third United Nations Survey, page 14-15.
Note: The definition of each `crime' is given on pages 7 and 8 of the Third
United Nations Survey
 
Disposal of persons arrested
 
According to the 1982 Indian statistics, published by the Bureau of Police
Research and Development, Ministry of Home Affairs, a total of 2 334 028 persons
were under custody or on bail during investigation stages in 1982.  The charge-
sheets were laid for 76.9% of the total persons under arrest and 14.6% of the
total remained under custody or on bail at the end of the year pending
completion of investigation.  The remaining 8.5% of the total were released by
the police or the magistrate before trial.
 
  The Indian statistics also shows that a total of 5 559 272 persons were under
trial during 1982 out of which the cases of 72.6% of the total persons under
trial remained pending at the end of the year.  The percentage of persons
convicted to the total persons in whose cases trials were completed during the
year 1982 was 42.4%.  This percentage was the highest under the crime head
`Thefts' (49.7) and the lowest under `Kidnapping and Abduction' (33.3).
 
Selected offences
 
Intentional Homicide:  The number of intentional homicide cases recorded by the
police, the number of offenders arrested by intentional homicide, the number of
offenders prosecuted by intentional homicide charge, and the number of offenders
convicted by intentional homicide during the period, 1980 to 1983, are shown
respectively in Table 2.
 
                                    TABLE 2
 
                  Trends in Detention, Arrest, Prosecution and
                       Correction of Intentional Homicide
                                  1980 to 1983
 
                                  1980    1981     1982      1983
 
The number of cases recorded     22149    22727    23339     25112
The number of offenders          53117    56060    56421     59802
 arrested
The number of offenders          46625    52073    52563     55513
 prosecuted
The number of offenders          14768    16372    17090     18318
 convicted
 
 
Source:  The Third United Nations Survey, page 14, 18, 29 and 41.
 
 
  During the four year period, all of the four categories, i.e., the number of
cases recorded, offenders arrested, offenders prosecuted and offenders
convicted, have shown a steady increase.
 
 
------------------------------------------------------------------------
2.1. STATISTICS --BACKGROUND
 
 
------------------------------------------------------------------------
2.2. CRIMINAL JUSTICE STATISTICS (1970-1980) Background
  Insert notes and exceptions to the general definitions and recording
practices.
------------------------------------------------------------------------
2.3. Offenses Reported To The Police
 
Crime      Years                  Total Numbers
MURDER    70-75                      15475               18649
MURDER    75-80  17563     16673     18376     19133     20349     22149
ASSAULT   70-75
ASSAULT   75-80      M         M         M         M         M         M
SEX CRIME 70-75
RAPE      75-80   3376      3893      4058      4558      4300      5023
ROBBERY   70-75  16958     18402     27465     18857     35983
ROBBERY   75-80  21656     28884     22725     33837     22860     38687
THEFT     70-75                     513444              636796
THEFT     75-80 614745    533793    625668    611783    599057    597731
FRAUD     70-75  16958     18402     12646     18857     15380
FRAUD     75-80  17772     19588     19623     19095     18370     17416
KIDNAPING 70-75                       9402               10543
KIDNAPING 75-80  11139     11250     12240     12685     13125     13595
TOTAL CRIMES
          70-75 952581    952581    952581   1077181   1192277
         75-80 3007993   3602987   3372323   3422709   3385721   3952229
DRUG USE  70-75
DRUG CRIMES
          75-80      M         M         M         M         M     14529
DRUG TRAFFIC
         70-75
         75-80
BRIBERY  70-75
BRIBERY  75-80       M         M         M         M         M       257
------------------------------------------------------------------------
2.4. Offenders apprehended or arrested
OFFENDERS 70-75
OFFENDERS75-80 1425086   1417076   1538515   1825940   1822577   1954254
JUVENILES 70-75
JUVENILES 75-80  57757     51365     61857     65730     70559     85087
------------------------------------------------------------------------
2.5. Offenders Convicted
 
 
------------------------------------------------------------------------
2.6. Sanctions - Background
 
General:  The Penal Code provides that punishments are classified as death,
imprisonment for life, imprisonment with or without labour, forfeiture of
property and fine.
 
  Capital punishment:  For example, the punishment provided for murder under the
Indian Penal Code is life imprisonment or death.  The current position in India
as interpreted by the Supreme Court is that the death sentence may be laid down,
but only in exceptional cases, the normal penalty being the lessor one.  In
addition, the Code of Criminal Procedure requires the court passing a sentence
of death to submit the proceedings to the High Court for confirmation of death
sentence, which can confirm the sentence of death or pass any other sentence
warranted by law.
 
  Imprisonment:  According to the publication Asia no Keijisihou (Criminal
Justice in Asia, Yuhikaku, 1988, pp 249-251), there are 1 054 prisons all over
India with the total authorised capacity of 183 616, while the total number of
inmates as on 30 June 1986 was 165 930.  This means that prisons are not
overcrowded as a whole.  Overcrowding exists, however, in some states and union
territories.  Prison overcrowding is most serious in Delhi where 3 914 prisoners
were incarcerated despite the authorised capacity of 1 823 making the
incarceration rate 215%.  As on 30 June 1986, 105 832 out of 165 930 inmates
(63.78%) all over India were remand prisoners under trial, which contributed to
the overcrowding in some areas.
 
  The following are counter measures to overcrowding considered to be effective:
the decrease in number of arrest by scrutinising the necessity of arrest
strictly; practical use of bail; swift investigation and disposal of cases;
speedy trial and expansion of prison facilities.
 
Alternatives to imprisonment
 
The suspension of sentence and release of offenders on probation has been
accepted as the most constructive alternative to imprisonment in India.
According to the Code of Criminal Procedure and the Probation of Offenders Act,
1958, the courts have been empowered to release on probation, in all suitable
cases, an offender found guilty of having committed an offence not punishable
with death or life imprisonment.  Where the sentence is up to seven years
imprisonment, the courts should firstly consider the desirability of release on
probation.  The courts, while releasing the offender, may pass a supervision
order directing that the offender remain under the supervision of a probation
officer for not less than a year and may impose certain conditions regarding
residence, abstention from intoxication, etc.  If the offender has failed to
observe any of the conditions, the court may sentence him/her for the original
sentence.
  In India, about 13 000 persons are sentenced to imprisonment every year for a
period not exceeding six months and about 12 000 more for a period not exceeding
one year.  Thus, about 25 000 persons per annum can easily be released on
probation for good conduct and placed under the supervision of probation
officers.
 
 
------------------------------------------------------------------------
2.7. Prison Statistics
 
 
------------------------------------------------------------------------
2.8. Criminal Justice Personnel and resources - background
 
Resources
 
Due to the lack of data, resources in each segment of criminal justice, except
for police strength, is not clear.  According to Indian statistics, 1982, the
number of personnel in the whole country as of 31 December 1982 was 932 910.
There were 28.4 policemen per hundred square kilometres in the country.  The
number of policemen per ten thousand of population was 13.2 for the country as a
whole.
 
------------------------------------------------------------------------
2.9. Criminal Justice Resources Statistics
POLICE   1973
POLICE   75-80  602800    590337    594845    629465    649110    637102
JUDGES   1973                                                          M
PROSEC   70-72                49        51        53        56        56
------------------------------------------------------------------------
3.0. CRIMINAL JUSTICE STATISTICS (1980-1986)
------------------------------------------------------------------------
3.1. Offenses Reported To The Police
 
              1980      1981     1982      1983         1984     1985      1986
Crimes Recorded
TOTAL      3952229   3932156   4323972   4270929         M         M         M
OTHER DRUG   14529     14347     14590     14356         M         M         M
BRIBERY        257       362       278       328         M         M         M
OTHER      3219126   3216639   3675236   3642867         M         M         M
------------------------------------------------------------------------
3.2. Offenders apprehended or arrested
 
Persons Prosecuted
 
              1980      1981     1982      1983         1984     1985      1986
 
TOTAL      4382147   4570619             4926883                   M
INT.HOM.     46625     52073     52563     55513         M         M         M
NON.INT.HOM   5351      5839      6373      6547         M         M         M
RAPE          5953      6615      6685      7598         M         M         M
ROBBERY      64026     64732     58292     57167         M         M         M
THEFT       304964    312586    284703    282189         M         M         M
FRAUD        12146     12842     13161     14519         M         M         M
EMBEZZLEMENT 13671     14624     14268     14176         M         M         M
OTHER DRUG   12648     13102     14251     15211         M         M         M
BRIBERY        271       654       271       239         M         M         M
 
------------------------------------------------------------------------
3.3. Offenders Convicted
 
              1980      1981     1982      1983         1984     1985      1986
 
TOTAL      2670238   2787203   3197027   3175505         M         M         M
INT.HOM.     14768     16372     17090     18318         M         M         M
NON.INT.HOM.  2027      2301      2371      2279         M         M         M
RAPE          1394      1774      1812      2204         M         M         M
ROBBERY      19027     17710     19143     18512         M         M         M
THEFT       124467    129436    112557    115980         M         M         M
FRAUD         3809      4008      3806      4328         M         M         M
EMBEZZLEMENT  5282      5255      5030      5089         M         M         M
KIDNAPPING    3724      3736      4026      4088         M         M         M
OTHER DRUG    9436      8801      8946      8737         M         M         M
BRIBERY         79       328       105       116         M         M         M
 
------------------------------------------------------------------------
3.4. Prisoners    No Data
--------------------------------------------------------------
3.5. Criminal Justice Resources Statistics    No Data
---------------------------------------------------------------
4.0. Selected Issues
---------------------------------------------------------------
 

TRAITOR McCain

jewn McCain

ASSASSIN of JFK, Patton, many other Whites

killed 264 MILLION Christians in WWII

killed 64 million Christians in Russia

holocaust denier extraordinaire--denying the Armenian holocaust

millions dead in the Middle East

tens of millions of dead Christians

LOST $1.2 TRILLION in Pentagon
spearheaded torture & sodomy of all non-jews
millions dead in Iraq

42 dead, mass murderer Goldman LOVED by jews

serial killer of 13 Christians

the REAL terrorists--not a single one is an Arab

serial killers are all jews

framed Christians for anti-semitism, got caught
left 350 firemen behind to die in WTC

legally insane debarred lawyer CENSORED free speech

mother of all fnazis, certified mentally ill

10,000 Whites DEAD from one jew LIE

moser HATED by jews: he followed the law

f.ck Jesus--from a "news" person!!

1000 fold the child of perdition

 

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