PC-09

THE ICFAI UNIVERSITY, JAIPUR

ICFAI LAW SCHOOL

PRESENTS

LEX-CINE
LET’S EXAMINE THE REEL

A MOVIE LEGAL REVIEW COMPETITION, 2022

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 SYNOPSIS
In the series of heinous events one dark night in the by lanes of Delhi the two siblings were
happily partaking in the deed they accomplished for the sake of entertainment Yet who realized
that will change their life perpetually.it was a brilliant night which at last transformed into a
frightening one. two of them changed their Hopes to shock an exceptional companion to
observe An extraordinary event while returning they got Under the control of some mischiefs
which needed to exploit what is happening and presumed that the siblings were young ladies
and attempted to harassment them by torning their garments and limiting their options and
whipping them soon one of the siblings attempted to get away and raised a ruckus around town
through hit the driver had no control over the vehicle and got hit by the pathway close by was
the police and by the mishap they followed the vehicle subsequent to seeing the police coming
behind the guilty parties tossed the young men out of the vehicle and they got inspected by the
specialist however carelessly and the investigation was denied by the police too while
experiencing it one of them got intensely harmed and battled for life they requested help from
the NGO yet got disappointment toward the end.. by paying attention to the media an
adjudicator gave the Suo motto saying and requested the fair examination yet the careless
police couldn't help they thumped the entryway of media which in the end helped them in
beginning of the preliminary and as result the remuneration of 3 lakhs and the detainment of
10 years was condemned to the crooks. Their entire life turned upside down as the duo are
faced with a legal system that contains no specific law to empower them. Their courageous
battle for justice forms the rest of the story.

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 CRITICAL ANALYSIS

As above expressed, realities express that in the midnight the young men were physically
harassed by the evildoers in the presumption of females the analysis thusly discusses the
provisions of the law which came about into a postponed and unbiased equity.
Under the provisions of Indian penal code –
Section 375 of Indian penal code defines rape as a man is said to commit ‘rape’ if he-
• Penetrates his penis to any extent into the vagina, mouth, urethra, or anus of a woman
or makes her to do so with him or any other person; or
• Inserts, to any extent, any object or a part of the body, not being the penis, into the
vagina, the urethra or anus of a woman or makes her to do so with him or any other
person; or
• Manipulates any part of the body of a woman so as to cause penetration into the
vagina, urethra, anus or any part of the body of such woman or makes her to do so
with him or any other person; or
• Applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with
him or any other person.
Under the circumstances falling under any of the following description
1. Against her will.
2. Without her consent.
3. With her consent, when her consent has been obtained by putting her or any
person in whom she is interested, in fear of death or of hurt.
4. With her consent, when the man knows that he is not her husband and that her
consent is given because she believes that he is another man to whom she is or
believes herself to be lawfully married.
5. With her consent when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally
or through another of any stupefying or unwholesome substance, she is unable
to understand the nature and consequence of that to which she gives consent.
6. With or without her consent, when she is under 18 years of age.
7. When she is unable to communicate consent.

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Section 376 defines punishment for rape –

1. Whoever, except in the cases provided for in the sub-section.

1.1 commits rape, shall be punished with rigorous imprisonment of either description for a
term which shall not be less than seven years, but which may extend to imprisonment
for life , and shall also be liable to fine.
2. Whoever, -
2.1 commits rape during communal pr sectarian violence.
2.2 Commits rape on a woman incapable of giving consent.
2.3 While committing rape cause grievous bodily harm or mains disfigure or endanger the
life of woman.
2.4 Being in a position of control or dominance over a woman, commits rape on such
woman.

Section 376d of Indian penal code defines gangrape –

• Where a woman is raped by one or more persons constituting a group or acting in

furtherance of a common intention, each of those persons shall be deemed to have
committed the offence of rape and shall be punished with rigorous imprisonment for
the term which shall not be less than 20 years but which may be extend to life which
shall mean imprisonment for the remainder of the persons natural life, and with fine.
• Provided that such fine shall be just and reasonable to meet the medical expenses and
rehabilitation of the victim;
• Provide further that any fine imposed under the section shall be paid to the victim.

Section 326 defines voluntarily causing grievous hurt by dangerous weapons or

means.
• Whoever, except in the case provided for by section 335 , voluntarily causes grievous
hurt by means of any instrument for shooting , stabbing , cutting or any instrument
which , used as a weapon of offence , is likely to cause death, or by means of fire or
any heated substance or by means of any poison or any corrosive substance, or by means
of any explosive substance, or by means of substance which is deleterious to the human
body to inhale, to swallow or to receive into the blood, or by means of any animals,
shall be punished with imprisonment for life, or with imprisonment of either description
for a term which may extend to 10 years, and shall also be liable to fine.

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 Section 367 defines kidnapping or abduction in order to subject person to grievous
hurt.
• Whoever kidnap or abduct any person in order that such person may be subjected to
grievous hurt or to the unnatural lust of any person or knowing it to be likely that such
person will be so subjected or disposed off shall be punished with imprisonment of
either description for a term which may extend to 10 years and shall also be liable to
fine.

• Section 511 defines – Punishment for attempting to commit offence punishable

with imprisonment for life or other imprisonment-

➢ Whoever attempts to commit an offence punishable by this court with

imprisonment for life or imprisonment, or to cause such an offence to be
committed , and in such attempt does any act towards the commission of the
offence , shall where no expression provision is made by this court for the
punishment of such attempt can be punished with imprisonment of any
description provided for the offence, for a term which may extend to one – half
of the imprisonment for life or, as the case may be , one – half of the longest
term of imprisonment provided for the offence or with fine or with both.

➢ Section 511 is a general provision dealing with attempt to commit offence not
made punishable by other specific section. It makes punishable all attempts to
commit offence punishable with imprisonment and not only those punishable
with death.

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 PROVISOS

• Negligence of the doctor –

the doctor was totally mindful of the way that the casualties were men however after
the casualties argue to conceal reality the doctor immediately prepared to conceal the
truth and didn't tell the police the what was the genuine situation
she didn’t even follow the convention of the sexual harassment and did not keep up
with any records.
neither she inspected the casualties appropriately because of which one of them
experienced a colossal mental problem and battled for his life later
on account of her general carelessness the equity was postponed and the examination
couldn't begin.

THE CHARGE OF NEGLIGENCE OUGHT TO HAVE APPLIED IN THIS CASE AS

THE SECTION 166 OF INDIAN PENAL CODE DEALS WITH THE NEGLIGENCE
OF PUBLIC OFFICER.

• Section 166 defines public servant disobeying laws with intent to cause injury to
any person – whoever, being a public servant, knowing disobeys any direction of the
law as to the way in which he is to conduct himself as such public servant, intending to
cause, knowing it to be likely that he will, by such disobedience, cause injury to any
person, shall be punished with simple imprisonment for the term which may extend to
1 year, or with fine, or with both.

• Negligence of the police –

the cops were careless too as they didn't investigate the mishap done by the mischiefs
neither one of the they examined about the casualties in the medical clinic and when
they got to know the truth, they accused the people in question and denied to document
the fir.

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THE CHARGE WAS TO FILED AGAINST THE POLICE AS WELL AS THEY ALSO DID
NOT FULFIL THEIR DUTIES AND DISOBEYED THE LAW AND COULD NOT REALISE
THAT THEIR NEGLIGENCE HAVE MAKE THE VICTIMS SUFFERED A LOT.

• Section 166A defines public servant disobeying direction under law –

(a) Knowing disobeys any direction of law which prohibits him from requiring the
attendance at any place of any person for the purpose of investigation into an
offence or any other matter; or
(b) Knowing disobeys to the prejudice of any person, any other direction of the law
regulating the manner in which he shall conduct such investigation; or
(c) Fails to record any information given to him under sub-section
1. Of section 154 of the code of criminal procedure, 1973 in relation to cognizable
offence punishable under section 326A, section 326B, section 354, section
354B, section 370, section 370A, section 376, section 376A, section 376B,
section 376C, section 376D, section 376E or section 509,
Shall be punished with rigorous imprisonment for a term which shall not be less
than six months but which may extend to 2 years and shall also be liable to fine.

THE CHARGES RELATED TO DAMAGE TO THE PUBLIC PROPERTY CAUSED BY THE

CONVICTS SHOULD ALSO BE FRAMED AS THEY DROVE THE VEHICLE NEGLIGENTLY
AND HIT THE PATHWAY WHICH COULD HARM THE PUBLIC PROPERTY.

• Section 184 of the central motor vehicles rules 1989 defines –

Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the
public having regard to all circumstances of case including the nature, condition and
use of the place where the vehicle is driven and the amount of traffic which actually is
at the time or which might reasonably be expected to be in the place, shall be punishable
for the first offence with imprisonment for a term which may extend to 1 year but shall
not be less than 6 months or with fine which shall not be less than 1 thousand rupees
but may extend to five thousand or both and for any second or subsequent offence if
committed with three years of the commission of a previous similar offence with
imprisonment for a term which may extend to two years or with fine of thousand rupees
or with both.

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Explanation – for the purpose of this section
(a) Jumping a red light,
(b) Violating a stop sign;
(c) Use of handheld communication devices while driving
(d) Passing or overtaking other vehicles in a manner contrary to law
(e) Driving in an manner that falls far below what would be expected of a competent and
careful driver and where it would be obvious to a competent and careful driver that
driving in that manner would be dangerous, shall amount to driving in such manner
which is dangerous to public.

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 MEDIA TRIAL AND JUSTICE

• In today’s era even judiciary is not free from faults. Judge and other judicial officers
being humans cannot be said to be free from faults either. They can also be
subconsciously influenced by media trials or media publicity therefore; it becomes
important to pass regulation with respect to media publicity while a trial is going on or
pending.
• Freedom of speech vs media trials –
Freedom of speech i.e., Article 19(1) (a) plays an important role in the formation of
public opinion on social, political and economic matters. Thus, it can be said that
freedom of speech is the mother of all other liberties. Complying to the statement justice
venkataramiah of the supreme court Indian express newspaper pvt ltd. Vs union of India
as iterated:
“Freedom of press is the heart of social and political intercourse. The press as now
presume the role of the public educators making formal and non-formal education
feasible in a large scale particularly in the developing world, where television or
modern communication devices are not still available for all the sections of
society.”

• Interplay between media trial vs fair trial:

➢ At the same time the right to fair trial i.e., a trial uninfluenced by extraneous
pressures in acknowledged as a basic tenet of justice in Indian legal provisions
aim that securing the said right are contained under the contempt of court’s act
and under article 129 and 215 of Indian constitution.
➢ The major concern of media is the restriction that are imposed on the discussion
or declaration of matters to the merits of case pending before the court. A
journalist can be held responsible for contempt of court if he publishes anything
which prejudice a fair trial that impact the impartiality of the court to decide a
cause on its merits, irrespective of the nature of the proceedings whether civil
or criminal?

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 Suo-Moto Disclosure Under the Right to Information Act, 2005

A Suo moto cognizance is a Latin term which means an action taken by a government
agency, court or other central authority on their own apprehension. A court takes a Suo moto
cognizance of a legal matter when it receives information about the violation of right or a
breach of duty through media or third-party notification. In India, article 32 of Indian
constitution and article 226 of Indian constitution lay down the provision for filing public
interest litigation in India in supreme court and high court respectively this has given rise to
the courts power to initiate legal action on the cognizance of matter. Suo moto actions by
Indian courts are a reflection of activism by the judiciary and captivated the general public
with the speedy delivery of justice by the court. Suo moto case in India are generally taken up
by supreme court. The Indian judiciary has been undoubtedly holding the baton for
democracy from the past few years. In numerous instances, different high courts and supreme
court have risen to the occasion by taking cognizance of a legal issues on their own and
provided swift justice. Various courts in India have initiated legal proceedings on their own
based media reports, telegrams and letters received by aggrieved people, taking a Suo moto
cognizance of the issue. Suo moto actions is when a high court or supreme court on its own
take control over the case.

The Indian courts have taken Suo moto cognizance in the following instances:

• Contempt of court: contempt of court means disobedience towards the court and
ignorance of rules and regulations, code of conduct and ethics followed in a court, the
court generally initiates a case for Suo moto contempt against an officer prevents the
delivery of justice or challenges the dignity of the court.

• Order proof for a new case: if any court is of the opinion that some injustice is being
done to an aggrieved person or a section the affected section of the people the court
can order prove at any level by any government authority, police department, CBI etc.
the court may also take such action after receiving a letter from or on the basis of any
news, democratic or media source.

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 SUGGESTION AND CONCLUSION

“MEN AND WOMEN HAVE ROLES- THEIR ROLES ARE DIFFERENT

BUT RIGHTS ARE EQUAL.” -- HARRI HOLKARI

• As we have heard from the very beginning that the Indian regulations and legal
framework is totally ladies driven which some way or another purposely or
accidentally influence the lawful proceedings for men be it instance of dowry,
domestic violence or the fake rape charges documented by ladies against the male
community area even the innocent people can't safeguard themselves from the fake
charges. the regulations and the system discuss women and safeguard their privileges
regardless of the cons in it.0
• The system ought to be changed such that it discusses all kinds of people and will try
and safeguard the privileges of LGBTQ community. the regulations in the constitution
comprise just of the word women there is no regulation which safeguards men from
the sexual mental or physical harassment they needed to endure greatly along these
lines. as found in the film the victims needed to endure in light of the fact that there is
no regulation to safeguard them from such sort of attack.
• we propose that the regulations ought to be changed and remedied the word woman to
an individual as the word individual comprise of men, women and each and every
other community.
• It should work with the goal to improve the legal framework and the men no more has
to suffer for equality as the end of the film would have been something different if
that there were a few rules to safeguard men from such attacks.
• we ought to understand that in light of the carelessness of police the lawbreakers get
more inspiration of doing such wrongdoings and cause everybody to endure.

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 Bibliography

• Constitution of India- media trail and justice, Suo moto.

• Indian penal code – section 375, section 376, section 376d, section 367, section 511,
section 166, section 166A (Indian penal code by SN MISHRA)
• Central Motor Vehicle Act 1989 – section 184.
• Books –1. Indian penal code by SN MISHRA.
2. Bare act the central motor vehicle act 1989.

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