Sunday, July 23, 2017

POLICE REFORMS IN INDIA , MUCH MORE WITH MUCH LESS, Part 7 -- CAPT AJIT VADAKAYIL


THIS POST IS CONTINUED FROM PART 6, BELOW--






Police performance should not be evaluated primarily on the basis of crime statistics or number of cases solved.

IN FACT IF A POLICE STATION IS VERY EFFECTIVE THERE WILL BE NO CRIME AROUND

MANY POLICE OFFICERS HAVE GOT PROMOTED TO HIGHEST  RANKS AND GOT MEDALS , BY CATCHING SOME INNOCENT MAN AND KEEPING HIM AS UNDERTRIAL TILL HE RETIRES


MANY UNDER-TRIALS CANT AFFORD BOND AND SURETY FOR BAIL ..  IS THE GOVT FOR THE RICH AND MIGHTY ALONE ?  

RICH AND MIGHTY GET ANTICIPATORY BAIL EVEN FOR NON-BAILABLE OFFENCES


Bail is an instrument which is used to ensure the presence of an accused whenever required by the court. CrPC does not define the term Bail, but essentially, Bail is an agreement in which a person makes a written undertaking to the court to appear before it whenever required and comply with any conditions set out in the agreement. 

He also assures to forfeit a specified sum of money if the person fails to comply with any terms and conditions of the agreement.

In case of bailable offence, the grant of bail is a matter of right. It may be either given by a police officer who is having the custody of Accused or by the court. The accused may be released on bail, on executing a “bail bond", with or without furnishing sureties.

The "bail Bond" may contain certain terms and conditions, such as:----
The accused will not leave the territorial jurisdiction of the state without permission of court or police officer. The Accused shall give his presence before police officer every time, he is required to do so. The Accused will not tamper with any evidence whatsoever, considered by police in the investigation.

The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.


EXAMPLES OF BAILABLE OFFENCE:--
Being a member of an unlawful Assembly
Rioting, armed with deadly weapon
Public servant disobeying a direction of the law with intent to cause injury to any person.
Wearing Garb or carrying token used by public servant with fraudulent intents.
Bribery in relation to elections
False statement in connection with elections
Refusing oath when duly required to take oath by a public servant
Obstructing public Servant in discharge of his public functions
Giving or fabricating false evidence in a judicial proceeding
Selling any food or drink as food and drink, knowing the same to be noxious
Causing a disturbance to an assembly engaged in religious worship


NON BAILABLE OFFENCE:--

A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not.

The court may generally refuse the Bail, if:----

"Bail Bond" has not been duly executed, or if the offence committed is one, which imposes punishment of death or Life imprisonment, such as "Murder " or "Rape" or the accused has attempted to abscond, and his credentials are doubtful.

The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.


EXAMPLE OF NON BAILABLE OFFENCE:--

Murder (S.302) IPC
Dowry Death (S.304-B) IPC
Attempt to murder (S.307) IPC
Voluntary causing grievous hurt. (S.326) IPC
Kidnapping (S. 363) IPC
Rape (S. 376) etc.



IN INDIA MOST RAPE CHARGES ARE FAKE.


Tax evasion of over Rs 5 crore under the GST regime would be non-bailable offence with the police having authority to make an arrest without a warrant. It is not enough to arrest, there must be long term jail.

IF IMPLEMENTED LAKHS OF DESH DROHIS IN INDIA WILL GO TO JAIL-- WE WELCOME THIS 

Justice VR Krishna Iyer: “Bail is the rule, and jail is an exception”.  Well this is why we can never catch BIG FISH.

The Central GST (CGST) Act provides that if the offences relating to taxable goods and/or services where the amount of tax evaded or the amount of input tax credit wrongly availed or the amount of refund wrongly taken exceeds Rs 5 crore, shall be cognizable and non-bailable.

THE CODE of Criminal Procedure (Cr. Pc.) provides a two-fold classification of the offences mentioned in the Indian Penal Code, having regard to their nature and seriousness. One is the classification into bailable and non-bailable and the other is cognisable and non-cognisable. A cognisable offence is one for which a person can be arrested by police without a warrant from a magistrate. 

In case of a non-cognisable offence, the police cannot arrest, generally speaking, without a warrant. In case of bailable offences, the person arrested has to be released on bail whether by the police or by the magistrate if he is ready to furnish bail. In the case of non-bailable offences, it lies in the discretion of the magistrate or the judge.



Undertrials who’ve completed 25%  of the maximum sentence for offences up to seven years MUST be released on bail.

Undertrials who’ve completed 40%  of their sentence for offences punishable with a sentence of more than seven years should be given bail.

Legal provisions for remission should be provided in cases where an undertrial has endured the full length of maximum sentence. He must be compensated by the Judiciary .


EGO MASSAGE FRIVOLOUS SUITS BY HIGH AND MIGHTY ( WITH PET TOP COPS IN CAHOOTS ) MUST HAVE A PUNISHMENT  BY SEVERE FINES –WITH A DIRE WARNING THAT NEXT TIME HE DOES IT HE WILL BE IN JAIL FOR MINIMUM TWO YEARS .



We the people demand that undertrails and convicted prisoners must be kept segregated in jail.  If possible there must be separate jail for undertrails with more humane conditions .  

Prolonged periods in prison where undertrials and convicts were not segregated would only make hardened criminals of the former. 

In the case of Abdul Karim Telgi in Bangalore jail— 3 undertrails were giving him massages in a luxury cells where he had a large flat TV.

Overcrowding of prisons may be due to inconsistency in the bail system. 70.5 % of prison population is comprised of undertrials.


Most of these people are very poor, who stole to survive .When rich men steal they must be given THRICE more severe punishments


For bail discretion levels must be reduced.  Section 2(a)is a very generic definition of bailable offence and non-bailable offence with the reference to indication to schedule 1 . A more articulate and iron clad definition of bail is required so that corruption can be rooted out

The requirement of financial obligations, either through the execution of a personal monetary bond, or through sureties should be the last resort when no other method is likely to work. 

In determining the conditions of bail, the Court should take into account the financial status of the person accused of an offence, and shall ensure that the conditions of bail are not excessive or unduly onerous. 

Stop rewarding police for filling up jails with 70% undertrials—mostly beggars and unfortunate children of Bharatmata . Sureties should not be rejected solely on the ground that they are not locally situated.


Young Kumari Mayawati did  NOT have 4 annas in her purse at the beginning of her politican career . Today she has hundreds of crores ( declared ).  How?

How did VK Sasikala--a glorified maid in the home of Jayalalitha mint thousands of crores ?

Anticipatory bail must not only be granted with caution but must also be made operative for a limited period of time— so that the criminal can tie up legitimate domestic and business loose ends .  

 Further, given the special position that sec 438 of Cr.P.C enjoys in the Code and the potential for misuse, any order passed under this section must be accompanied by reasons for rejecting or granting anticipatory bail.

All forms of economic offences which include tax evasion, customs offences or bank fraud should be dealt with strictly and provision for restricted bail in such offences should be incorporated in the Criminal Procedure code or appropriate special statutes for the purpose of granting or refusing bail.


In terrorism laws, NDPS law etc., there should be a stricter scrutiny in granting the bail and only in exceptional cases bail should be granted.   

We know the judges who have been very lax with separatists and Naxals to get faalthu awards from Zionist Jew desh drohi human rights NGOs


Terrorists and separatists released on bail must have electronic tagging like in USA—tell human rights orgs to FUCK OFF.

 Such monitoring must be used only in the grave and heinous crimes, where the accused person has a prior conviction for similar offences.

Electronic tagging ( with GPS inputs in plotter mode )  is a form of surveillance which uses an electronic device, fitted to the person.   


For example an ankle monitor is used for people who have been sentenced to electronic monitoring by a court, or are required to wear a tag upon release from prison. If anybody uses jammers he must be jailed immediately .


The German government is now electronically tagding all people on the country’s terror watchlist even if they have committed no crime. Most of them are thinkers and can never be convicted 


While granting anticipatory bail ( special case ) to a non-bailable offence a risk assessment MUST be done by balancing the pros and cons of granting the bail.   This hard copy must be signed and filed with CC to proper authorities



Police and Judges must be trained in Root Cause Analysis .  They can no longer be RAGADKE KHAINI MOONH MEIN DHALL bumpkins



If a person is held under a non-bailable oence, he cannot claim the grant of bail as a matter of right. But the law gives special consideration in favor of granting bail where the accused is under sixteen, a womansick or infirm, or if the court is satisfied that it is just and proper for any other special reason to give rather than refuse bail.
Section
Offence
Bailable/Non -bailable
Punishment
107
Abetment
Depends on the offence
Depends on the offence
120B
Criminal conspiracy to commit an offence punishable with death
Depends on the offence. E.g. for Punishment for murder, Non-bailable
Depends on the offence
121
Waging or attempting to wage war, or abetting the waging of war, against the Government of India
Non-bailable
Imprisonment for life or imprisonment upto 10 years along  with fine
124A
Sedition.
Non-bailable
Imprisonment for life and fine or
Imprisonment for 3 years and fine or fine.
131
Abetting mutiny or attempting to seduce a soldier, sailor or airman
Non-bailable
Imprisonment for life or 10 years with fine
140
Wearing soldier’s garb, sailor, airman
Bailable
Imprisonment for 3 months along with 500
144
Punishment for unlawful assembly
Bailable
Imprisonment for 6 months with fine
154
Owner or occupier of land on which unlawful assembly is held
Bailable
INR 1000 fine
158
Being hired to be part of unlawful assembly or riot
Bailable
Imprisonment for  6 months up to 2 yrs along with fine
166A
Public servant disobeying direction under law
Bailable
Imprisonment for 6 months up to 2 yrs
167
Public servant framing incorrect document
Bailable
Imprisonment for 3 years and fine

172
Absconding to avoid service of summons
Non bailable
Imprisonment for 1 month  or fine INR 1000
177
Furnishing false information
Bailable
Imprisonment for 6 months and fine INR, 1000
181
False statement on oath to public servants
Bailable
Imprisonment for 3 years along with fine
186
Disobedience to order duly promulgated by public servant
Bailable
Imprisonment for 3 months and fine of INR 500
189
Threat of injury to public servant
Bailable
Imprisonment for 2 years along with fine
191
Giving false evidence
Bailable
Imprisonment for seven years along with fine
195A
Threatening any person to give false evidence
Bailable
Imprisonment for seven years along with fine
203
Giving false information respecting an offence
Bailable
Imprisonment for two years along with fine
210
Fraudulently making false claim in court
Bailable
Imprisonment for two years along with fine
213
Taking gift, to screen an offender from punishment
Bailable
Imprisonment for three to seven  years  along with fine
223
Escape from confinement or custody negligently suffered by public servant
Bailable
Imprisonment for two years along with fine
228
Intentionally insult or interruption to public servant sitting in judicial proceeding
Bailable
Imprisonment for 6 months along with fine of INR 1000
232
Counterfeiting Indian coin
Non bailable
Imprisonment for life or 10 years with fine
238
Import or export of counterfeiting Indian coin
Non bailable
Imprisonment for life or 10 years with fine
246
Fraudulently diminishing weight of coin
Non bailable
Imprisonment for 3 years with fine
255
Counterfeiting of government stamp
Non bailable
Imprisonment for 3 years with fine
264
Fraudulent use or false instrument for weighing
Bailable
Imprisonment for 1 year with fine
269
Negligent act likely to spread infectious disease dangerous to life
Bailable
Imprisonment for 6 months  with fine
272
Adulteration for food or drink intended for sale
Bailable
Imprisonment for 6 months with fine of INR 1000
274
Adulteration of drug
Non bailable
Imprisonment for 6 months with fine of INR 1000

275
Sale of adulterated drug
Bailable
Imprisonment for 6 months  with fine of INR 1000
279
Rash driving or riding on a public way
Bailable
Imprisonment for 6 months  with fine of INR 1000
283
Danger or obstruction in public way or line of navigation
Bailable
INR 200
292
Sale of obscene book
Bailable
Imprisonment for 2 years with fine of INR 2000
295
Injuring places of worship with an intent to insult the religion of any class
nb
Imprisonment for 2 years with fine.
295A
Deliberate and malicious act intended to outrage religious feelings of any class, by insulting religious beliefs.
Non bailable
Imprisonment for 3 years with fine.
297
Trespassing on burial places
Bailable
Imprisonment for 1 years with fine.
302
Punishment for murder
Non bailable
Imprisonment for life term or capital punishment
304
Punishment for Culpable homicide not amounting to murder.
Non bailable
Imprisonment for 10 years with fine
304A
Punishment for  causing death by negligence
Bailable
Imprisonment for 2 years.
304B
Dowry death
Non bailable
Imprisonment for 7 years up to life term.
306
Abetment of suicide
Non bailable
Imprisonment for 10 years with fine.
307
Attempt to murder
Non bailable
Imprisonment for 10 years with fine.
308
Attempt to commit culpable homicide
Non bailable
Imprisonment for 3-7 years with fine.
309
Attempt to commit suicide
Bailable
Imprisonment for 1 year or  with fine.
318
Concealment of birth by secret disposal of body
Bailable
Imprisonment for 2 years with fine.
323
Causing hurt
Bailable
Imprisonment for 1 years with fine.
349
Using force
Bailable
Imprisonment for 3 months or with fine of INR 500
354D
Stalking
Bailable
Imprisonment for 3 months or  with fine.

363
Punishment for Kidnapping
Bailable
Imprisonment for 7 months or  with fine
369
Abduction of child under 10
Non bailable
Imprisonment for 7 months or with fine
370
Trafficking of person
Non bailable
Imprisonment for 7-10  years or with fine
376
Punishment for  Rape
Non bailable
Rigorous imprisonment for life or not less than 7 years
376D
Gang rape
Non bailable
Imprisonment for 20 years which may extend till  life
377
Unnatural offence
Non bailable
Imprisonment for 10 years which may extend till life
379
Punishment for  Theft
Non bailable
Imprisonment for 3 years and fine
384
Punishment for  Extortion
Non bailable
Imprisonment for 3 years
392
Punishment for   Robbery
Non bailable
Imprisonment for 3 years and fine
395
Punishment for  Dacoity
Non bailable
Imprisonment for 10 years and fine
406
Punishment for  Criminal breach of trust
Non bailable
Imprisonment for 3 years and fine
411
Dishonestly receiving Stolen property
Non bailable
Imprisonment for 3 years and fine
417
Punishment for  Cheating
Bailable
Imprisonment for 1 years and fine
420
Cheating and dishonestly inducing delivery of property
Non bailable
Imprisonment for 7 years and fine
426
Punishment for  Mischief
Bailable
Imprisonment for 3 months
447
Punishment for Criminal trespass
Bailable
Imprisonment for 3 months and fine of INR 500

465
Forgery
Bailable
Imprisonment for 2 years and fine
477A
Falsification of accounts
Bailable
Imprisonment for 2 years and fine
489A
Counterfeiting currency notes or banknotes
Non bailable
Imprisonment for life and fine
489C
Possession of forged currency notes or banknotes
Bailable
Imprisonment for 7 years and fine
494
Marrying again during lifetime of husband or wife
Bailable
Imprisonment for 7 years and fine
496
Marriage ceremony fraudulently gone through without lawful marriage
Bailable
Imprisonment for 7 years and fine
498
Enticing or taking away or detaining with criminal intent
Bailable
Imprisonment for 2 years and fine
498A
Husband or relative of husband of a woman subjecting her to cruelty
Non bailable
Imprisonment for 3 years and fine
500
Punishment for Defamation
Bailable
Imprisonment for 2 years and fine
506
Criminal intimidation
Bailable
Imprisonment for 2 years for simple offence and 7 years  if threat is to cause death or grievous hurt
509
Word, gesture or act intended to insult the modesty of a woman
Bailable
Imprisonment for 3 years and fine
510
Misconduct in public by drunken person
Bailable
Imprisonment for 24 hours  and fine of INR 10


I ASK MY READERS

GO THOUGH THE POST BELOW--





















Dark angel
July 23, 2017 at 8:12 PM

Think again...why all super human or super heros movies are made in Hollywood...why always they first show annihilation and than a messiah to save the world...they are expert in mind control. You cant imagine how dumb american or any western people are. They are the stupidest people on earth. They always pretend that america is the only country who can save the earth.

Regards
Gunjan Arya

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Capt. Ajit Vadakayil
July 23, 2017 at 8:27 PM

IN 30 YEARS OF COMMAND MOST OF MY COMMERCIAL SHORE BOSSES WERE YANKS

I KNOW HOW STUPID THEY ARE

I KNEW HOW TO LEAD THEM DOWN THE GARDEN PATH BY THEIR NOSTRILS

EXAMPLE: ONCE FOR A OIL MAJOR ( WORLDs NO 1 ) VETTING INSPECTION THEY WROTE DOWN A DEFECT .

THAT MY SHIPs WINDLESS BRAKE ABUTTING SURFACE ON THE ANCHOR WINDLESS GYPSY WAS RUSTED AND NEEDED TO BE CHIPPED.

NOW THIS IS A PLACE WHERE BRASS COUNTERSUNK BOLT HEADS COME IN CONTACT WITH IRON --WITH PLENTY SALT WATER AVAILABLE AS ELECTROLYTE 

NOW DONT EVER IMAGINE STUPID YANKS CAN FIGURE OUT GALVANIC CORROSION.

Galvanic corrosion (also called bimetallic corrosion) is an electrochemical process in which one metal corrodes preferentially when it is in electrical contact with another, in the presence of an electrolyte.

Anode is the source of electrons and cathode is where the electrons flow
The flow of current takes place by the positively charged iron atoms (iron ions) leaving the steel plate and the steel plate corrodes. The galvanically corroding metal surface is called the anode.

SO I SEND A MESSAGE TO MY STUPID YANK (TECHNICAL BOSSES IN NEW YORK ) – I WILL CHIP ONLY IF YOU ORDER ME TO DO SO
THEY ALL FELL OF THEIR CHAIRS ( ONE WHITE FAN IN OFFICE TOLD ME THE SAME DAY ) – 
HERE WAS LION VADAKAYIL TELLING A RAT—HERE IS MY ASSHOLE— RAPE ME AT YOUR LEISURE.

THEY PROMPTLY REPLIED “ WE ORDER YOU TO CHIP” ( THE WAY I WANTED )

SO I CHIPPED MYSELF UNDER VIDEO . 

I TOOK A HAMMER AND GAVE A SMART BLOW—A WHOLE PIECE OF THE CIRCULAR SURFACE CAME OFF AND THERE WAS A HOLE AS BIG AS AN ORANGE

I SEND THE PHOTO TO THEM— WITH A TERSE
“REPAIR IT IN THE NEXT PORT—WE NEED STAINLESS STEEL CLADDING NOW”


LESSON : WHEN THE LION OFFERS A RAT HIS ASSHOLE— THE CHOOT RAT MUST BE CIRCUMSPECT
TEE HEEEEEEEEEEEEEEEE

capt ajit vadakayil
..


TO BE CONTINUED--


CAPT AJIT VADAKAYIL
..