& Some Issues relating to Criminal Law (SUSIe dune duly 2045 A and B convinced C 10 sale his Kidney in Rs, | million. C agreed to take him to a covert hospital in Gurgaon, India to remove it. D and his team carried out sur transplanted it t0 other person. C was given only Rs. 200000,00 and his injury was not ry and well recovered, Under the law kidney cannot be transplanted to one other than the family members. Once D knew the police investigation initiated, he entered into Nepal. Loter Nepal Police arrested him and handover t Indian Police for prosecution: Pleave discuss on nature of crime «ast procedural errors an ihe issue? idges. A.C and 1) discussed and agreed that let M be Kidnapped and transplanted another enemy 1°s brain into him. C and D kidnapped both of them and asked a medieal team led by Dr. X to do so. Afier the su procedure unexpected results appeared. M went to Ts house and began 10 treat M's children, parents. wife and cattle like in his house. M 100 did vice versa. The situation appeared that both C ghd T's family members were not in the situation to live together Question: What elements of crime constitutes in the above offence and at what point of time during the commission of offence? And. who would be liable for the offence? A and B had grudges, A decided to finish B. A discussed with Z and X and did contract to kill him, X borrowed money from P to buy a pistol and hired a motorbike to perform the task. B got the clue of incidence, Via M. by paying double to amount via M. he did contract with Z and X and asked to finish A. By using above resources and equipment Z shot at A’s head. Now A deemed unable to gain sense and come hack to normal life, Question: what elements of er offence? b, What te constiture abo elemems reveals at what point of time during the ineidem? Whe are the Principal accused and accessories? NA and others were unhappy with the division and wanted 10 kill MG. NA framed a plan and discussed with group. and the group agreed, Crime was committed in V's hame. which was close 10 MG. DB provided gun. NG along with VK and GG went te Mk’s room saying hallo to MG, NG shot at MG, who died later. Question: State te vole of differen accused to commit the crime in line with the elements uf erie. bused ‘on Mahatma Gandhi nurder incidem) A was driving a ear in the jungle. A deer jumped ia front of the ear, Saving deer by ing speed was not possible for him, so driver was criminally liable for the contdeath of deer. Questions a. Which lability would be appropriate to impose to the driver? b. How and why give reason? 6 Marketing agents sold contaminated meat produced by Sheep and Beef Co. Ltd, Some customers {el ill. They filed a case seeking compensation. Question: Who would be Hable to pav compensation ani how? A,B and C intended to rape M. A proposed her for a party in which she agreed. ABC and M joined the party. In the party A raped her. B and C attempted by sexually abusing her. But she entered into bath room and jumped Irom fifth floor to save from being raped. She instantly died. Questions: a. what elements for an inchoale erime are involved in the case? b. What charges do you propose for whom in the given case? ABCA fire broke out in a noodles factory that used chemical fertilizer to prepare the noodle, Rags of fertilizer shified and put with other ingredients. Later they made noodles. by using larger quantity of fertilizer in the noodles. Factory packed the noodles and market agents sold in the market, About 60 people were died of eating so. idge to hear upon the case which licbility do consumers filed the ease. If you were the you prefer to impose tot the industry: Ya punched upon the nose of B several times. For last two years his nose is bleeding continuously. He has difficulty to attend public events because of bleeding. As a lawyer how do you take this issue for the protection o! erest of the vietim? MOCNight robbery was a problem in the village, M and M Jr, the father and son respectively carried Khukuri and patrol from the front and back of the house, Afier an hour old father saw a man and followed and cut sen’s car from behind, Son lost the ear for ever. Analyze the case in line with Nepal's law on hurt and injury, 1 Mom slapped to one year old boy once he biie during sucking of breast milk. By then the boy lost eyesight. As a lawyer how do you deal upon the case for child’s remedy J2 1D a leading armed robber of her time asked six of armed robbers to rab cash and kinds from all travelers of @ night service passenger bus plying in Raubat District in Nepal. As asked by FD the armed robbers performed robbery and fled toward dense forest in the mi trial level of egal and judicial proces: night. State the procedure of taking legal action against accused at the 5 marks132A man had four pet lions in his approved den. Due to their fight each other one day the three of the barricade poles widened their gap. As a result the smaller Lion was able get out of den and ran around the town by killing (We human beings and a eow. In your view who would be liable for those Geaths and what kind of remedies would be fair and justifiable for the vietim’s kin in stich cases? 14, Pring heavy rain a person blocked the stream Mow to save house and tured the stream to other side. The diverted flow of stream washed away the three houses along nthe with their each child, six cows and all property in the house, If you were a judy aiven case how do you provide remedy to the victim within the ambit of law and theories of criminal liability? 15h May 2016, a man walking with a gun in front of White House in US was asked by Police 1 surrender aid put the gun on the floor, He did not follow the police instruction, so police shot at his feet and he fell down, hece police arrested him and captured the gun, tn Tine with Nepalese Law what type of hurt and injury was it? cH soundless glider dropped two bays in night in the root of # house. Onee the boys broke the door entered into, the Frkande trained youngest daughter of the house blew and captured both, and handover to nearby police station, As a prosecutor how do you prosecute the hoys and propose for the remedy? a D leading armed rubber asked her six of the assisting robbers to rob all cash and kinds from given compartment of the (rain bound from Kolkata to Delhi, Phe robhers finished their work and fled towards jungle in Lakhimpur in Utter Pradesh, What could be the proper way for investigation and prosecution in the case (in line with chapter on Theft of the Mulaki Ain. 1¥/An unidentified helicopter dropped 3 persons with gun upon a doat in the river. The dropped persons forcefully put all corals. valuables and fish and other water (Sea) food n another host stationed nearby. and fled tow do you atler the legal remedies to the victims in fine with the Nepalese law of rolbery? 198 gang of 20 thugs stole 1000 KG of diamond from mine site and fled eway to unknown destination, The mine manager reported to police. As a prosecutor how do you deal upon the ease?A Nepalese couple went 10 work in Greece. In order to cope the financial problems after one year husband sold the wife to a brothel owner. Aiter escaping from brothel she came back to Nepal. She filed an FIR to Kathmandu District Police office. State the legal procedures to provide her remedy. A person waiting for a Bus to Kathmandu was abducted from Dhulikhel Bus Park, He was taken to undisclosed destination and asked to work at a dynamite factory ina Foreign country, Once escaped he came back to Nepal and filed an FIR to the District Police Office Dhulikhel. As a legal counsel of the vietim how do you help him for legal remedy under Nepali law of abduction? A policeman arrested and detained a 45 year man who died of hunger on the 10! day of arrest. Family of victim approached to you as a legal counsel 10 help the victim under the law relating 10 unlawful detention in Nepal. How do you help them to get legal remedy? Two boy in a village chopped tow fingers of a robber who robbed the property of a villager. They contended that according to customary rules the thieves were punished by cutting down his hand and contended that their action was lawful, Write a note in lime with Nepalese law of robbery Criminal liability is largely set on the basis of fault done via hurman/natural intelligence. For example aciuy reus and mens rear of human being determines the c of fault and liability against crime commitied. In the recent days degt things/machines run via artificial intelligence (Al) beyan to cause erimes. W eks azo TESLA ear, an automatic ear plying on the road through solar energy with Al caused accident killing @ person in the car. Those ears are now being used by well known companies such as Google, Apple ete. A global debate is going on who could be criminally liable for such crimes committed via actus reus and probably mens rea of AI. In your view who should be made liable for that type of criminal incidents, From Book/Internet Sources (below) An Ordeal (Reiribution) in Hindu Law: “People of certain town had an infallible method of judging those accused of crime. They heated the blade of an axe until it was red-hot, ‘Then they asked the accused man whether he has guilty of erime or not? When he pleaded that he was not guilty they order them to hold the blade, If he were ilty of the crime, his hands would be burnt by the heat of the axe, So they would execute him, If he wer nocent of the erime, his hands would remain unhurt, Se they would release him. ‘The explanation of this method is this, the guilty man by pleadingthat he Was not guilty. was covering himself with falsehood and falsehood offers no protection from heat. The innocent man by contrast, was covering himself with truth: punishad 6:16, 1-3 (From: Robert and truth offers perfect protection.” Chandogva De Weyer, Readings from Minduisn, Jaico Publishing House, Mumbai, 2011p, 3-141 Death Penalty by Lethal Injection (hitp:/>vww.deathpenativinfo.org/some-examples pest-furman-boiched-excentions): February 3. 2016 Geargia: Brandon Jones was given leth; into Jones’ left arm, the exceutioners spent & minutes trying to insert it in his right arm, and when that failed they again attempted to insert it in his left arm. They then asked a physician 10 violate several codes of medical ethies for assistance, and he or she spent 13 minutes inserting and stitching the IV near Jones’ groin, Six minutes later, Jones’ eyes popped open. He was 72 years old at the time of his execution. njection: After spending 24 minutes unsuccessfully trying to insert an IV December 9, 2013: Georgia’ Brian Keith Terrell: “It took an hour for the nurse assigned to the execution 10 get IVs inserted into both of the condemned man’s arms She eventually had to,put one into Terreil’s right hand. Terrell winced several times. apparently in pain.” July 23, 2014 Arizona: Joseph R. Wood: Alter the chemicals were injected. Mr. Wood repeatedly gasped for one hour and 40 minutes before death was pronounced. During the ordeal, Mr. Wood’s attorneys filed an emergency appeal to a Federal District Court and placed a phone call to Supreme Court Justice Anthony Kennedy in @ failed effort to hak the botched execution, Meanwhile, a spokesperson for the Arizona Auomey General’s offfee claimed that Mr. Wood was asleep and was simply snoring. In the days before the execution, defense attorneys won a siay from the U.S, Court of Appeals for the Ninth Circuit on their motion to compel the state to reveal the source of the drugs and the training of the executioners, However. this stay was later overturned by the Supreme Court, A reporter for the Arizona Republic who Witnessed the execution, Michael Kiefer. said that he counted 640 gasps from Wood before he Finally died. Bracitian police arrest Face hook's Latin America vice-president-lmernet offences: A report by Jonathan Watts, Rio de Janeiro (March 1, 2016): In the latest clash between a US intemet company and Prazitian law enforcement authorities. police in Sie Paulo have detained the regional vice-president of Face book for failing to provide information requested by a criminal investigation. Diego Dzodan wes taken into custody at Garulhos airport on Tuesday and is now being questioned about Face book subsidiary Whats App’s alleged non-compliance with a court order. to the court, Whats App had been ordered for more than a month to reveal lating to a suspected drug-trallicking ring. Afier the company denied three related requests by federal police. the judge first imposed a daily fine on the US company of 50,000 reais (£9,000), then a daily penalty of Im reais (£180,000), andfinally ordered the arrest “In the face of repeated non-compliance, the judge Marcel Maia ordered the arrest of a representative of the company in Brazil. Mr Dicgo Deodan for obstructing the police investigation,” a court spokesman wrote in an email Face book called the police action “extreme and disproportionate”. It says Whats App which was acquired by Face book in 2014 and has no staff based in Brazil ~ operates independently so Dzodan should not be held responsible. Moreover, it notes that the Whats App messaging service does not store content, which is encrypted by users at either end, The courts, it says, are requesting information it does aot have. This is Gifferent {rom information found on the Face book social network. which is archived and ean be provided on a case-by-case basis if requested by Brazilian law enforcement officers and approved by the company’s lawyers.“Face book has always been and will be available to address any questions Brazilian authorities may have,” a company spokesman said This is not the first controversy regarding Whats App. which has been the most popular download in Brazil over the past two years and is used by about half of the 200 million population, In a separate case in December. a court issued an injunetion for Whats App to be shyt down for 48 hours for twice failing to comply with its orders. That injunetion was overtumed alter an outcry by users and an intervention by Face book's chief executive, Mark Zuckerberg, who described the shutdown as “a sad day for Brazil As in other countries, the debate in Brazil over individual privacy and digital monitoring by the authorities has gathered pace in recent years. Interceptions of sssonal communications — mostly in the form of phone taps ~ are widely used by the police in eriminal cases with court approval. But there was outrage itt 2013 when leaks. from whistleblower Edward Snowden revealed the US National Security Agency was spying on the emails and phone calls of President Dilma Rousset? and senior executives of the state-run oil company Petrobras. BBC. 29 February 2016): Image copyright AFP/Getty Images- Image caption Apple has resisted attempts to be made to unlock an iPhone. A judge in the United States has ruled that Apple cannot be foreed to give the FBI access to a locked iPhone in a case that echoes an ongoing legal battle. The judge in Brooklyn denied a motion by the US Justice Department to get Apple to unlock a phone in a drug case. In an unrelated case, the FBI wants Apple to unlock the iPhone of Syed Rizwan Farook, who killed 1+ people in San Bernardino, California in December. But Apple has resisted, calling that demand "dangerous" and “unprecedented”. The ruling in Brooklyn on Monday centers ‘on the same point as the San Bernardino case: The two court cases are not linked - the magistrate in San Bernardino doesn’t have to pay any attention to the ruling and remarks rom the New York judge. But Apple feels the decision in New York gives added strength to its position. A senior Apple spokesman told reporters in a conference call that he was confident the San Bernardino judge would carefully analyze the New York ruling. Most promising for Apple is thereason for which Judge Orenstein threw out the New York ease. He said he was not at all convinced the All Writs Acta law more than two centuries old, could be used to force Apple to comply. The same law is being used in San Bernardino. The All Writs Act is designed to give law enforcement powers not specifically addressed in other laws = but using it requires meeting cenain sirict eriteria, too burdensome wo detail here. No legal precedent has been set here - but as the magistrate in San Bernardino cons rs to be with the computing giant lors her ruling, momentum certainly appe Fourteen people were killed and jured when gunman Farook and his wie lashfen Malik opened fire in the Californian city in December, 2015. A court order California demanced Apple help circumvent security software on Farook’s iPhone. which the FBI said contains crucial information. Apple's CEO Tim Cook said the request was “an overreach by the US government” and risked giving authorities “the power to reach into anyone's deviee to capture their data". The company asked a court to overturn the ruling, The same Act from 1789 that wes used by the FBI in the San Bernardino request was applied in the Brooklyn case. But Judge James Orenstein said the Act was not applicable in this case, adding that it was not right to impose “on Apple the obligation to assist the government's investigation against its will” The US Justice Depariment said it planned to appeal against the Brooklyn ruling. BK Jul. 7-2016 Thank you for reading