Marital Rape as Defined by Indian Law According to 1860 Indian Penal Code: "Sexual intercourse by a man with his own wife is not rape." What are the possible exceptions to this law that would allow for a husband to be prosecuted for raping his wife?
The simple answer is: if the law says marital rape is not a crime, it is not punishable by the criminal justice system. If there were a loophole, one of the lawyers representing one of the many rape victims who have been seeking justice in India would have found it. There more than likely isn't one. Some Indian marital rape victims have tried prosecutions under the domestic violence laws, but as I understand it -- and I'm no expert -- those laws are fairly toothless. The solution is for India to pass better laws. The majority of Indian judges and legislators want marital rape to be allowed, and as long as that's the case, unfortunately, no clever workaround is going to fix anything.
Yes. In a civil case, there are two parties and the case is about finding out who has which obligations to whom. In a civil case, the plaintiff has to prove that they actually incurred damage through the actions of the defendant. A criminal case is the state vs. the defendant. The "wronged party" is the society as a whole, usually represented by the prosecutor. The victim, if there is one, just plays the role of yet another witness to find out if the defendant needs to be punished and how. There are also examples of crimes which are completely victimless but still punished by some societies. For example, in many places sexual intercourse between two consenting adult siblings is a crime (incest), even though there is no victim. Also, for some crimes it is even a crime to attempt to commit it. So one can be punished in a criminal court even though they didn't actually succeed in causing any damage to anyone. Example: I throw a rock at your car. When I hit, you can sue me in a civil court and force me to pay for the repairs. When I miss, I caused no damage to you, so there is nothing you could sue about. But what if I throw a rock at you and miss? That's attempted assault, maybe even attempted murder. When law enforcement finds out about it, I could be arrested, prosecuted and convicted to a prision sentence, even though you are perfectly fine.
In the United States, many jurisdictions have criminal offenses outlawing behavior that may include what you're describing here. In Ohio, for instance, disorderly conduct (R.C. 2917.11) includes "insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response." In Indiana, there's the offense of provocation (IC 35-42-2-3), which is even broader and includes "recklessly, knowingly, or intentionally [engaging] in conduct that is likely to provoke a reasonable person to commit battery." It looks like this has been interpreted to include even actions that don't directly involve the provoked person, such as kissing another man's wife. Beyond the criminal offense, there are also jurisdictions that will permit a civil suit for damages resulting from the criminal act. There are also states where this could constitute intentional interference with business relations or intentional interference with an employment contract. In any of those cases, your co-workers could be looking at damages for lost wages, loss of reputation, etc.
It depends on the law For example, the NSW Crimes Act 1900 s18 defines murder and manslaughter: (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years. (b) Every other punishable homicide shall be taken to be manslaughter. (2) (a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section. (b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only. It is possible that the acts you describe could be prosecuted as either murder or manslaughter. For murder the prosecutor would need to prove that they are an &quot;act by the accused ... causing the death charged, was done ... with reckless indifference to human life&quot; - the hard part is the causal link. For manslaughter it is clear that the act &quot;was ... malicious&quot; and that there was no &quot;lawful excuse&quot; - some cause and effect would need to be demonstrated still. However, the prosecutor has a more certain option under s31C: 31C Aiding etc suicide ... (2) Where: (a) a person incites or counsels another person to commit suicide, and (b) that other person commits, or attempts to commit, suicide as a consequence of that incitement or counsel, the firstmentioned person shall be liable to imprisonment for 5 years. It is important to look at the legal definition of a crime to determine if a given set of circumstances meets all the required elements.
There's nothing that I can find that specifically refers to any offence for allowing one's goats to roam free, but there are at least two national, and probably more at state / municipal level, laws that deal with obstructing the highway - therefore potentially making the goat owner liable for any injury or damage shown to be caused by their (in)action: Section 8B, National Highways Act: Punishment for mischief by injury to national highway.-- Whoever commits mischief by doing any act which renders or which he knows to be likely to render any national highway referred to in sub-section (1) of section 8A impassable or less safe for traveling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine, or with both. Section 283, Indian Penal Code (IPC): Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished, with fine which may extend to two hundred rupees. There are also animal-welfare related laws to consider, such as: Section 289 IPC: Negligent conduct with respect to animal. Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Section 3 Prevention of Cruelty to Animals Act: Duties of persons having charge of animals. It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.
Actual sex with a minor is an offence. Under the Criminal Attempts Act 1981, doing something "which is more than merely preparatory to the commission of the offence" is attempting to commit the offense, and is itself an offence. They have attempted the offence of having sex with a minor, although they didn't succeed because unbeknownst to them the other party was not a minor. There is some variability in whether it matters that there is no actual minor involved. In that specific instance the offence he was charged with was arranging the commission of a child sex offence (Sexual Offences Act 2003 §14), where one "intentionally arranges or facilitates something that he intends to do". Since he pleaded guilty, we won't find out how an appellate court would interpret 14(1)(b) ("doing it will involve the commission of an offence").
Nowhere is this legal. Polygamy is legal in 58 countries, polyandry is possibly legal in Sri Lanka and Bhutan. Neither country recognizes same-sex marriage, ruling out a marriage between three women. The law of Bhutan is clear on the requirement of male-female mixing, only allowing marriage between 1 man and 1 woman at a time. In Sri Lanka, the Kandyan Marriage and Divorce Act also allows multiple husbands for a woman, but only for Kandyans (Buddhist from the former provinces of the Kandyan Kingdom).
Criminal charges are filed and prosecuted by the government, on behalf of the public, and there is no requirement for approval or cooperation by the victim. As a policy matter, a DA may decide to not charge a person in case the victim is unwilling (though less so in cases of domestic violence), perhaps because of the widespread impression that the victim has to "press charges" (which indeed they would have to do in the case of private prosecution, which is no longer allowed in the US). The alleged victim's reddit exchanges on the topic are here. An uncooperative victim does not make a good witness, even if they are compelled to testify. The police statement that they cannot pursue an investigation should not be interpreted as a statement of law, it's probably a statement of policy and practicality.