[HumJanenge] Re: CAF14997 delhi heinous act againsgt a girl - what the Law has for you

SSir,   (not a spelling mistake)   the mail was addressed only for THOSE who would see the FOREST instead of the TREES. LEADERS would not miss it.   YOU missed IT.   (lastly for the last time- GANDHIGIRI does NOT DEFEND, COME if you believe the moth eaten CONSTITUTION which is the fountainhead of these ills is to be AXED and a NEW CONSTITUTION tree is to be written.   you asked for a path, here it is -WRITE A NEW CONSTITUTION   gandhiri --- On Mon, 24/12/12, Mathew <mathew.111938@gmail.com> wrote: From: Mathew <mathew.111938@gmail.com> Subject: Re: CAF14997 delhi heinous act againsgt a girl - what the Law has for you To: "KN VENUGOPAL" <gandhigiri2007@yahoo.co.in> Cc: "citizens-action-forum" <citizens-action-forum@googlegroups.com>, "Kathyayini Chamaraj" <kchamaraj@gmail.com>, "Uma Chandru" <umavchandru@gmail.com>, "Vinay Baindur" <yanivbin@gmail.com>, "Gururaja Budhya" <gururajabudhya@gmail.com>, "Kiran Bedi" <kiranbedioffice@gmail.com>, "climate change" <bangaloreplatform@googlegroups.com>, "Sudhakar Hegde" <sudhakarhegde733@gmail.com>, "Leo Saldanha" <leo@esgindia.org>, "Slum Jagatthu" <slumjagatthu@gmail.com>, "lalitha kamath" <elkamath@gmail.com>, "nandini esg" <nandini@esgindia.org>, "P K George" <pkgeorge@risk-analytics.net>, "Hasire Usiru" <hasiruusiru@yahoogroups.com>, "hum janenge" <humjanenge@yahoogroups.co.in>, "humjanenge@googlegroups.com" <humjanenge@googlegroups.com>, "Parivartan India" <parivartan_india@rediffmail.com>, "Syed Tanveeruddin" <indian.tanveer@aol.in>, "Kavita Ratna" <kavitaratna@gmail.com>, "lalita_c" <lalita_c@indiatimes.com>, "liza.home@hotmail.com" <liza.home@hotmail.com>, "Rina Mahindra" <rina17@gmail.com>, "Mathew Thomas" <mathew111938@gmail.com>, "mytimesmyvoice" <mytimesmyvoice@timesgroup.com>, "Roshni Nuggehalli" <roshnugg@gmail.com>, "sumathy nagendra" <bhumikamedia@gmail.com>, "Urban Sarai" <urbanstudygroup@sarai.net>, "Vijayan Menon" <menonvij@gmail.com>, "rti_india@yahoogroups.com" <rti_india@yahoogroups.com> Date: Monday, 24 December, 2012, 9:59 AM Hi, What ACTION would Gandhi's GIRI like members of this forum to take?  How would he guide or help us?  Could he spell out any ACTION taken for any of the items on his list of BURNING ISSUES and the results or participants?  Regards,  Mathew  Sent from my iPad On 24-Dec-2012, at 8:35 AM, KN VENUGOPAL <gandhigiri2007@yahoo.co.in> wrote: hi   most on this forum are very concerned on issues of community and administration of justice   DONT YOU THINK WE ARE REACTING TO THESE MANY ISSUES this suits the powers be, so that we dont ask the main question of administration   while we should be taking on the BATTLE on THE GENENIS OF THE PROBLEMS- the ailing CONSTITUTION   there are many BURNING issues like corruption environment degradation justice in time, etc.,   FOR A MOMENT PLEASE LOOK AT THESE FROM THE TOP   otherwise each of these skirmishes will go on for the next hundred of year.   You have all come out of being ENRAGED to thinking to graduating to devising a solution in your official experience.   please give yourself a SPACE and opertunity   remember the french revolution -over bread engineered by a baker ROBUS PIERRE.   regards GANDHIGIRI --- On Sun, 23/12/12, Mathew Thomas <mathew.111938@gmail.com> wrote: From: Mathew Thomas <mathew.111938@gmail.com> Subject: Re: CAF14997 delhi heinous act againsgt a girl - what the Law has for you To: "citizens-action-forum" <citizens-action-forum@googlegroups.com> Cc: "Kathyayini Chamaraj" <kchamaraj@gmail.com>, "Uma Chandru" <umavchandru@gmail.com>, "Vinay Baindur" <yanivbin@gmail.com>, "Gururaja Budhya" <gururajabudhya@gmail.com>, "Kiran Bedi" <kiranbedioffice@gmail.com>, "climate change" <bangaloreplatform@googlegroups.com>, "Sudhakar Hegde" <sudhakarhegde733@gmail.com>, "Leo Saldanha" <leo@esgindia.org>, "Slum Jagatthu" <slumjagatthu@gmail.com>, "lalitha kamath" <elkamath@gmail.com>, "nandini esg" <nandini@esgindia.org>, "P K George" <pkgeorge@risk-analytics.net>, "gandhigiri 2007" <gandhigiri2007@yahoo.co.in>, "Hasire Usiru" <hasiruusiru@yahoogroups.com>, "hum janenge" <humjanenge@yahoogroups.co.in>, humjanenge@googlegroups.com, "Parivartan India" <parivartan_india@rediffmail.com>, "Syed Tanveeruddin" <indian.tanveer@aol.in>, "Kavita Ratna" <kavitaratna@gmail.com>, "lalita_c" <lalita_c@indiatimes.com>, liza.home@hotmail.com, "Rina Mahindra" <rina17@gmail.com>, "Mathew Thomas" <mathew111938@gmail.com>, "mytimesmyvoice" <mytimesmyvoice@timesgroup.com>, "Roshni Nuggehalli" <roshnugg@gmail.com>, "sumathy nagendra" <bhumikamedia@gmail.com>, "Urban Sarai" <urbanstudygroup@sarai.net>, "Vijayan Menon" <menonvij@gmail.com>, "rti_india@yahoogroups.com" <rti_india@yahoogroups.com> Date: Sunday, 23 December, 2012, 10:32 PM Hi Dwarakanath, None these are relevant to the issue of police action against peacefully protesting citizens.  Reminds one of the freedom struggle and police brutality of the force then obeying their British masters. Are the current bosses of the police any different from them. Yet, come next elections, many in this group would proudly show their inked fingers having voted for one or the other of these "democratic rajas". Regards, Mathew  On Sun, Dec 23, 2012 at 4:53 PM, Dwarakanath <dwarakanathdm@gmail.com> wrote: Friends The Indian Penal Code Section 96 provides : THINGS DONE IN PRIVATE DIFENCE:  Nothing is an offence which is done in the exercise of the right of private defence.  –( The right to private defence is not tenable to any party when there is free fight between them and each individual is responsible for his own act – (vishwas Aba –vs- State of Maharashtra). Section 97: RIGHT TO PRIVATE DEFENCE OF THE BODY AND OF PROPERTY :  Every person has a RIGHT , subject to the restrictions contained in section 99 to defend – First – His own body, and the body of any other person, against any offence affecting the human body; - secondly – The property, whether movable  or immovable, of himself, or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or cfriminal trespass or which is an attempt to commit theft, robbery mischief r criminal trespass.   (THERE IS NO RIGHT OF PRIVAGTE DEFENCE IN CASES IN WHICH THERE IS TIME TO HAVE RECOURSE TO PROTECTION OF THE PUBLIC AUTHORITIES).   EXTENT TO WHICH THE FIGHT MAY BE EXERCISED – The right to private defence IN NO CASE EXTENDS TO THE INFLICTING MORE HARM THAN IT IS NECESSARY TO INFLECT FOR THE PURPOSE OF DEFENCE.   [Explanation 1: A person is not deprived of the ropd against act done, or attempted to be done, by a public servant, as such, unless he knowns or has reason to believe, that th person doing the act is such public servant. – Explanation 2-: A person is not deprived of the ropd against an act done or attempted to be done, by the direction of public servant unless he knowsn, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acgts or if he has authority in writing unless he produces such authority if demanded.]   SECTION 100 : WHEN THE RIGHT OF PD   OF THE BODY EXTENDS TO CAUSING DEATH – The ropd of the body extends under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any ogther harm to the assailant, if the offence which occasions the exercise of the ropd be of any of the descriptions hereinafter enumerated namely : First – such an assault, as may reasonably cause the apprehension that death with otherwise be the consequence of such assault;  Secondly : Such an assault as may reasonably cause the apprehension that grievaous hurt will  will otherwise be the conselquecne of such assault; Thirdly : An assault with the intention of COMMITTING RAPE. Fourth : An assault with the intention of gratifying unnatural lust; Fifth : An assault with the intention of kidnapping or abducting; Sixth : An ssault with the intention of wrongfully confining a person under circumstances which may reasonably cause him/her to apprehend that he/she will be unable to have recourse to the public authorities for his/her release.   Note- The ropd exgtend to voluntary causing death when the accused can prove the actual apprehension of death or grievous hurt, (in case of Vishvas aba Kurane vs State of Maharastra.   Sec. 101 : WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH ; If the offence be not of any of the descriptions enumerated in the last preceeding section, the ropd of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the volountary causing to the assailant of and harm other than death. Sec. 102 : COMMENCEMENT AND CONTINUANCE OF THE RIHT OF PRIVAGTE DEFENCE OF THE BODY – The ropd of the body commences as soon as a reasonable apprehension of danged to the body arises from an attempt or threat to commit the offence though the offence may not have been committed, and it continues as long as such apprehension  of danger to the body continues. [ There are further details under section 103 to 106 which can be referred in a library or web site which may please be referred]. For information and guidance please.   -- You received this message because you are subscribed to the Google Groups "Citizens' Action Forum" group. To post to this group, send email to citizens-action-forum@googlegroups.com To unsubscribe from this group, send email to citizens-action-forum+unsubscribe@googlegroups.com For more options, visit this group at http://groups.google.com/group/citizens-action-forum?hl=en?hl=en New members are moderated. To be able to post mails to the group immediately on registration, please send your profile and area of interest to this email ID <mathew.111938@gmail.com> -- Regards, Mathew