State responsibilty under public international law

The nature of state responsibility is 'de lege ferenda' it means customs one step short of becoming law.

The wrongs that may give rise to state responsibility are:-

1. Breach of treaty 

2. Acts of aggression

3. Non-performance of contractual obligation

4. Infringement of human rights 

5. Injury to the citizens of other states

6. Involvement in ultrahazardous activities

7. Breaches of international law involving international crimes.

The fact that an act may be characterized internationally wrongful cannot be affected by characterization of the same as lawful by internal law.

It is not open to any state to defend claim asserting that the particular state agency while committing a wrongful act exceeds the scope of its authority under the municipal law.

No defence can be taken that international law is not in conformity with municipal law.

I.e - exceeding authority is no defence to escape state responsibility. 

Some famous cases related to state responsibility with their observations.

CORFU CHANNEL CASE

Observation:-  Responsibility arises when there are grave omissions.  Albania is responsible for the explosions that occurred and in a case where there are damage and loss to human life, there is a duty to the country to pay compensation. 

SPANISH ZONE OF MOROCCO CLAIMS.

HOW INNOVATIONS HAPPEN

In management studies it is generally believed that the best way to promote innovations is not just to celebrate successes but also to tolerate sincere failures.

State responsibilty under public international law

State responsibilty under public international law

The nature of state responsibilty is 'de lege ferenda ' it mean customs one step short of becoming law.

The wrongs that may give rise to state responsibilty are :-
1. Breach of treaty
2. Acts of agression
3. Non-performance of contractual obligation
4. Infringement of human rights
5. Injury to the citizens of other states
6. Involvement in ultra hazardous activities
7. Breaches of international law involving international crimes

The fact that an act may be characterized internationally wrongful can not be affected by characterization of the same as lawful by internal law.

It is not open to any state to defend claim asserting that the particular state agency while committing a wrongful act exceeds the scope of its authority under municipal law.

No defence can be taken that international law is not im confirmity with municipal law.
I.e - exceeding authority is no defence to escape state responsibility.

Some famous cases related to state responsibilty with their observations.

CORFU CHANNEL CASE
observation :-  Responsibility arises when there are grave omissions.  Albania is responsible for the explosions that occurred and in case where there is damage and loss to human life, there is a duty upon the country to pay compensation.

SPANISH ZONE OF MOROCCO CLAIMS.
For more on this topic wait for second part.

Concept of FIR

Concept of FIR
FIR stands for 'first information report'. Under CrPC this word is nowhere used. But in general term whenever any person (informant) lodge any case in police report about cognizable offence that is called first information report.
Any case lodged for non-cognizable in police station is called non-cognizable report (NCR)
So,till now we have understood the difference between FIR and NCR.
Now we will see the provision of FIR under CrPC.
Under CrPC section 154 deals with the information disclosing the cognizable offences.
Once you will go through the wordings of section 154 of CrPC you will come across following provisions of FIR
1. When any information given by any informant discloses cognizable offence it is mandatory for officer in charge of police station to register the case
2. Information can be given orally but that will be reduced in writing by office in  charge of police station.
3. Information reduced in writing must be read over to the informant and shall be signed by informant.
4. If the case is related to sexual offences then FIR shall be maintained by woman police officer and at the place which is comfortable for the victim and recording of such statements shall be videographed.
5. A copy of FIR must be given to informant immediately and free of cost.
6. If any person is aggrieved by the refusal of police officer to register the case he can post his information in writing to superintendent of police.
7. The word shall in this section has made it compulsory for the police officer to record the statement as FIR if it discloses any commission of cognizable offence.

Difference between section 161 and section 164 of CrPc

SECTION 161 OF THE CODE OF CRIMINAL PROCEDURE, 1973

EXAMINATION OF WITNESSES BY POLICE

Statement before a police officer. It never happens on oath. According to the CrPC statement recorded before any investigating police officer is not admissible in the court. The underlying principle behind this is that no police officer could force any person alleged with charges to confess anything that that police officer wants. this section is meant to avoid the abuse of police officers' power.

 

 SECTION 164 OF THE CODE OF CRIMINAL PROCEDURE, 1973

RECORDING OF CONFESSIONS AND STATEMENTS  

Statement and confession before Metropolitan magistrate or Judicial magistrate. Any statement recorded before the metropolitan magistrate will be on oath and the statement recorded will be admissible in the court. But it is always advisable that MM satisfy himself that statement given by the person alleged with charges or accused is giving his statement voluntarily.

Voluntarily, genuine and Trustworthy confession can be the sole ground for conviction. There is a concept of retracted confession also. In case of retracted confession, it requires to be corroborated to make it ground for conviction