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    Criminal Law 2 Synopsis (Project 2)

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    RATHLOGIC
    This document provides a synopsis for a project on offenses involving moral turpitude in India. It notes that there is currently no agreed upon definition of moral turpitude and lists of such offenses vary between high courts, creating ambiguity. The objectives are to develop a uniform definition and criteria for these offenses and suggest measures to compile a consistent list. The hypothesis is that a fixed list would ensure better treatment of cases. The research will examine current definitions and criteria, identify gaps, and propose effective solutions to establish consensus, such as through legislation or judicial guidelines.

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    Criminal Law 2 Synopsis (Project 2)

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    RATHLOGIC
    72 views3 pages
    This document provides a synopsis for a project on offenses involving moral turpitude in India. It notes that there is currently no agreed upon definition of moral turpitude and lists of such offenses vary between high courts, creating ambiguity. The objectives are to develop a uniform definition and criteria for these offenses and suggest measures to compile a consistent list. The hypothesis is that a fixed list would ensure better treatment of cases. The research will examine current definitions and criteria, identify gaps, and propose effective solutions to establish consensus, such as through legislation or judicial guidelines.

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    criminal law 2 synopsis( Project 2) (1)

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    This document provides a synopsis for a project on offenses involving moral turpitude in India. It notes that there is currently no agreed upon definition of moral turpitude and lists of such offenses vary between high courts, creating ambiguity. The objectives are to develop a uniform definition and criteria for these offenses and suggest measures to compile a consistent list. The hypothesis is that a fixed list would ensure better treatment of cases. The research will examine current definitions and criteria, identify gaps, and propose effective solutions to establish consensus, such as through legislation or judicial guidelines.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    72 views3 pages

    Criminal Law 2 Synopsis (Project 2)

    Uploaded by

    RATHLOGIC
    This document provides a synopsis for a project on offenses involving moral turpitude in India. It notes that there is currently no agreed upon definition of moral turpitude and lists of such offenses vary between high courts, creating ambiguity. The objectives are to develop a uniform definition and criteria for these offenses and suggest measures to compile a consistent list. The hypothesis is that a fixed list would ensure better treatment of cases. The research will examine current definitions and criteria, identify gaps, and propose effective solutions to establish consensus, such as through legislation or judicial guidelines.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    NATIONAL LAW INSTITUTE UNIVERSITY (NLIU),

    BHOPAL (M.P.)

    SUBJECT: CRIMINAL LAW- II

    SIXTH TRIMESTER
    PROJECT SYNOPSIS
    TOPIC – Offences relating to Moral Turpitude in India: an
    unsettled position of Indian Criminal Jurisprudence

    UNDER THE GUIDANCE OF

    MS. DIVYA SALIM, (ASST. PROFESSOR)


    SUBMITTED BY: KOUSTAV BHATTACHARYA

    ROLL NUMBER: 2018BALLB50

    1|Page
    INTRODUCTION
    The expression “moral turpitude” is not defined under any statute in India. However, in
    certain Government orders and High Court Judgments, the authorities have given
    illustrations to acts involving moral turpitude. In a few landmark Supreme Court
    Judgments, the Court has defined ‘moral turpitude’, but in most of the cases they have
    remained superficial and vague.
    Moral turpitude can be termed as an act or behaviour that gravely violates the sentiment
    or accepted standard of community, or a quality of dishonesty, or other immorality that is
    determined by a court of law to be present in the commission of a criminal offence.
    In India, there lies an important judicial gap in the zone of moral turpitude because of
    unavailability of a specific list of offences under the said head. It is essentially important
    to know the definition of ‘offences involving moral turpitude’ because of conflicting
    views of different High Courts on the same. Further, the Supreme Court of India has
    more often than not kept the list of such offences open ended which has led to difficulties
    in modern day functioning. Though all the High Courts have agreed upon that offences
    involving moral turpitude cannot be settled out of Court, and such persons are not eligible
    to hold certain Government posts, but there is no definite list under the same. The
    Supreme Court came close to determine the ‘Moral Turpitude Test’ in Pawan Kumar
    Judgment, but it is barely satisfying.
    In this research paper, the researcher would try to address the lacunae that exists in the
    given test, and would further try to suggest on the measures to address the problem by
    means of proper centralised Legislative Enactments or a proper Judicial layout.
    STATEMENT OF PROBLEM:
    There exists a lack of consensus amongst the various High Courts and State Governments
    regarding the definition and criteria to determine an offence involving moral turpitude, and
    the subsequent way to deal with it.
    OBJECTIVES OF STUDY:
    1. To arrive at a definition of Offences involving Moral Turpitude that can be
    uniformly applied.
    2. To develop a pre-determined criterion to group in such offfences.
    3. To suggest measures by various means in which such a uniform list of offences
    involving moral turpitude can be compiled.

    2|Page
    HYPOTHESIS:
    Developing a fixed list of offences applicable uniformly under the list of
    offences involving moral turpitude would ensure a better treatment of such
    cases by the Judiciary and effective protection of the rights of the parties.
    RESEARCH QUESTION:
    1. What are the various definitions and criterions to determine such offences are
    present and applied in India?

    2. Whether such definitions and criterions suitably satisfy their purposes effecting in a
    proper disposal of such cases?

    3. What can be the effective measures to agree upon a given set of determined
    offences under this criterion so as to ensure their proper disposal and lack of
    ambiguity?
    METHOD OF STUDY:
    This project is largely based on the doctrinal method of data collection.
    CHAPTERISATION:
    1. Introduction
    1.1. Existing definitions in the Indian Legal Systems
    1.2. Existing criterion for such offences in Indian Legal Systems
    1.3. Overview of Global outlook on the definition and criterion of such offences.
    2. Existing lacunae in the Criminal Jurisprudence
    2.1 Lack of uniformty
    2.2 Existence of Ambiguity
    2.3 Existence of Conflict amongst States.
    3. Ways to resolve the Lacunae
    3.1 Uniform Criterion to determine such offences
    3.2 Proposed List of such offences

    4.Conclusion- suggestive measures to bring about the proposed changes.

    3|Page

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