DailyPost 1842

If the prospective accused in this country have a little knowledge of law, they would not have taken law, investigative and judicial processes in such a cavalier manner. The understanding that we can get away while hoodwinking the law has slowly gotten pretty deep seated. Presume, there would be anecdotal tales being shared in private talks in the political ecosystem, for such a wide belief to percolate so well across the country, over such a long time. That the criminal justice system is manageable whether it is avoiding the registration of a  case to start with, to chargesheet or otherwise to adjournments, delays and then the appeals bottom to the top. A good lawyer would be able help a heavyweight accused to hoodwink the law, is another popular belief.

With the battery of legal luminaries in every party and top govt lawyers ready to face the music of behalf of the govt, it seems to be a manageable roller coaster ride. Then the blue-chip lawyers who can hired to tide over govt inefficiencies and negligence to legally steer clear of legal and mandatory inaction, for lakhs and crores of rupees. The common sensical understanding of the law coupled with vested interest, political leanings and convenience has plagued the mainstream electronic media. The party spokespersons and other political personalities have for long learnt the art of avoidance, deviance, camouflage and having created a genre of talking which can be termed as legally politically correct. The same person can have two stances based on the party he is in.

It’s high time the laws are read in its purest form, (Bare Acts) to correctly understand them. You should not become the recipient of the hoodwinked version of the law even before knowing or reading the basic sections. In the recently infamous Lakhimpur Kheri case, criminal conspiracy properly investigated as per definition in Section 120 A of the IPC would throw invaluable light towards the search for truth, what an investigation is all about. Conspiracies cannot be open books as we all know. Jeep as a weapon cannot happen just out of the blue. The knowledge of Section 120B, the punishment for criminal conspiracy can have a sobering effect on those who are in the delusionary mode, slowly inching towards crime or repeating it.

What do you have say about Sec 212 IPC which states, Harbouring offender* – “Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to the offender, with the intention of screening him from legal punishment.” How many would fall under this section? From powers that be to political parties and even journalists interviewing. Every citizen is legally mandated to live legally, behave legally and be an agent of the state to bring the culprit to book. And the Sec 201 IPC, Causing disappearance of evidence or giving false information to screen offender. ”Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false.” Ignorance and rampant manipulation of law cannot be allowed to go on any further. Criminal law brings peace and sanity to society.


Sanjay Sahay

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