What Is Article 302

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Anonymous works, pseudonymous works and rented works. The calculation of the duration from the death of the author also requires special provisions for cases where authorship is not disclosed or where the „perpetrator“ is not an individual. Article 302(c) therefore provides for a special period for anonymous works, pseudonymous works and rented works: 75 years from publication or 100 years from creation, whichever is shorter. The definitions in Article 101 make the status of anonymous and pseudonymous work dependent on what is disclosed on copies or phonograms of a work; A work is „anonymous“ if „no natural person is identified as the author“ and is „pseudonymous“ if „the author is identified under a fictitious name“. This article was published by Shoronya Banerjee. Article 34 of the IPC refers to a common intention. Where an offence is committed by two or more persons with a common intention, all such persons are responsible for the offence. This begs the question: What if the crime is murder? Who is responsible? Thus, the accused charged under section 34 can be held responsible under section 302. Let us assume that two of the three accused are charged under section 302 and section 34. So that the third party to be imputed under this provision can be established as individually liable. This article was written by Ishan Arun Mudbidri of Shankarrao Chavan Law College, Marathwada Mitra Mandal, Pune. This article deals with Section 302 of the Indian Penal Code, which deals with the punishment of murder. Here, the perpetrator intends to cause bodily harm and knows that death will be caused by his act.

This clause may include cases where the victim suffered a trauma or illness of which the abuser was aware and used it as a benefit by inflicting bodily harm that resulted in the death of that person, which may not have resulted in the death of a normal person. (B) who has been on active service for a period of less than one year as a result of a conscription or an active service order; 1980 – Pub. L. 96-284 adds in the revision of the text the subsections (a) to (g) of the provisions on special treatment of medical officers of the armed forces and deletes the previous provisions for the special treatment of doctors of the army, navy, air force and public health service, which amount to 100 or 350 dollars per month for each month of active service in cases of active service in cases of active service in the case of active service in the said category of less than two years or two years or more. The prohibition on including the special monthly salary in active service in the calculation of the salary increase permitted by another provision of this Title or in the calculation of the retirement or severance pay has been removed. Although the 75- or 100-year periods for anonymous and pseudonymous works and rented works appear to be longer than the corresponding period under foreign laws and the Berne Conventions, this difference is more obvious than real. In general, the durations in these particular cases correspond on average to the life of the author plus 50 years established for other works. The maximum duration of 100 years for unpublished works, while much more limited than the indefinite period currently provided by common law in the United States and by law in some countries, is sufficient to protect us from unjustified invasion of privacy and to comply with our obligations under the Universal Copyright Convention. Murder is one of the worst crimes a person can commit.

Murder is therefore a non-releasable and non-combinable offence, which means that it can be punished by death or life imprisonment. Therefore, the granting of a deposit under this section is very difficult. However, the accused may apply for bail, but if the facts and circumstances speak against him, no bail may be granted. The time limit for applying for bail for an offence punishable by death or life imprisonment is 90 days. If the bail application is denied, the defendant may file an application with the judge to consider the application. A person who has surrendered for murder may not be exempted from the application of this section. He can apply for bail, but this is unlikely to be accepted as he surrendered to the crime himself. Section 302(c) provides that the 75- and 100-year periods for an anonymous or pseudonymous work may be converted into a normal life plus 50 years if „the identity of one or more authors * * * is disclosed in special files kept for that purpose at the Copyright Office.

In such cases, the term would be „based on the life of the author or authors whose identity has been revealed“. Instead of requiring a user to consult countless records of the Copyright Office to determine whether the identity of an author has been revealed, the bill establishes a special registry for this purpose, with requirements to file identification statements equivalent to those in paragraph (d) below with respect to declarations concerning the date of death of an author. 2000—Subsection (h)(1). L. 106-398 inserted before the period at the end „including active service in the form of annual training, active service for training and active service for special work“. Arguments about the benefits of uniformity with foreign laws and the benefits of international comity that would result from adopting a lifetime term plus 50 years are also of great importance. The system has worked well in other countries and, overall, it seems to make the calculation of terms much simpler. The register of dates of death and the system of presumptions under section 302 would solve most of the problems associated with determining the death of an individual perpetrator.

According to Bachan Singh`s landmark judgment, the death penalty under Article 302 is imposed strictly according to the doctrine of the rarest cases. In Macchi Singh v. State of Punjab (1983), the court went a step further to determine the rarest of the rare cases. It established certain guidelines regarding the manner in which the murder occurred, the motive for the murder, the intensity of the crime and the anti-social nature of the crime. In a recent 2018 decision (Channulal v. State of Chattisgarh), the Court held that the death penalty did not need to be reviewed or revised in the 1980 case of Bachan Singh. It is necessary to use the death penalty as a form of punishment. L. 101–189, § 702(b), deleted subal. (A) Designation, replaces „is entitled to an additional special salary of $15,000“ for „anyone with less than ten years of eligible service is entitled to an additional special allowance of $9,000“ and deleted below normal.

(B) reads as follows: „Subject to subsection (c) of this section, a public servant who is entitled to a special variable salary under subsection (2) or (3) of this subsection and who has completed ten or more years of qualifying service is entitled to an additional special salary of $10,000 for each twelve-month period during which he or she undergoes any medical internship or initial training.“ Another landmark decision was in the Mukesh and Anr cases. v State of N.C.T Delhi (2012) also known as Nirbhaya Gang Rape Case. A young girl was brutally raped in 2012. The court imposed the death sentences on the four defendants eight years after the incident. Therefore, this case became a classic example of the phrase „justice delayed is deprived of justice“ and made a change to the provision of article 302 of the death penalty, as the death penalty is now imposed in cases where the crime of rape results in the death of the victim.