Sunday, September 26, 2021

Staff Selection commission requirements

 Government of India


 

Ministry of Personnel, Public Grievances & Pensions Staff Selection Commission

(website:- www.ssc.nic.in)

ADVERTISEMENT NO. Phase-IX/2021/Selection Posts

Dates for submission of online applications: 24-09-2021 to 25-10-2021

Last date for receipt of application: 25-10-2021 (up to 23.30 PM)

Last date for making online fee payment: 28-10-2021 (23.30 PM) 

Last date for generation of offline Challan: 28-10-2021 (23.30 PM)

Last date for payment through Challan (during working hours of Bank): 01-11-2021

Dates of Computer Based Examination: January/February 2022

“GOVERNMENT STRIVES TO HAVE A WORK FORCE WHICH REFLECTS GENDER BALANCE AND WOMEN CANDIDATES ARE ENCOURAGED TO APPLY”

1. Online Applications are invited from eligible candidates for the Selection Posts indicated in
Annexure- III of this Notice. Only those Applications which are successfully filled through the Website of the Commission and found in order shall be accepted. Candidates should go through the
Recruitment Notice carefully before applying for the post and ensure that they fulfill all the eligibility conditions like Age-Limit/ Essential Qualifications (EQs)/ Experience/ Category, etc. as indicated in this Notice. Candidature of candidates not meeting the eligibility conditions will be cancelled at any stage of the recruitment process without any notice. Candidature of Applicants shall be purely PROVISIONAL at all stages of the recruitment process.
1.1.All information relating to this recruitment right from the status of application upto the
nomination of the selected candidates to the User Department including call letters for the
Computer Based Examination to the provisionally eligible candidates will be available on the
website of Staff Selection Commission i.e. https://ssc.nic.in and the websites of the Regional Offices of the Commission.
1.2.Candidates are advised to visit the websites of the Regional Offices for the latest information in
respect of various categories of posts pertaining to the Region Concerned and the various
stages of recruitment process.
2.Details/ Description of posts are given at Annexure-III of the Notice of Examination. Direct
Link for Post-details is available at Candidate Portal which can be seen by login into
https://ssc.nic.in Candidates Dashboard Latest Notification  Phase-IX/2021/Selection
Posts Post Details Link.
2.1.The vacancies have been advertised by the Staff Selection Commission as per the Indents
submitted by the respective Indenting Departments/ Offices. The Commission will not be responsible for withdrawal/ alteration of the vacancies by the Indenting Departments/ Offices.
2.2.Candidates who wish to apply for more than one post should apply separately for each category of post.

3. Conditions on seeking fee concession, age-relaxation, reservation, etc:
3.1 For SC/ ST applicants: SC/ ST applicants seeking fee concession, age-relaxation, reservation, etc. shall invariably submit the requisite Certificate as per format (Annexure-VI) from competent authority (Appendix-I of this Notice) certifying that their Caste/ Sub-Castes/Communities are approved by the Government of India under SC & ST Category, as and when called for by the Commission, after conduct of the Computer Based Examination or at any stage thereafter, otherwise their claims for fee concession, age-relaxation, reservation etc. shall not be considered.

3.2 For OBC applicants: OBC applicants not covered under the Creamy Layer, as per the
Standing Instructions of the Government of India as amended from time to time, seeking age-relaxation, reservation, etc. shall invariably submit the requisite Certificate as per format (Annexure-VII). A person seeking appointment on the basis of reservation to OBCs must ensure that he/ she possesses the caste/ community certificate. Further, he/she should not fall in creamy layer on the crucial date. The crucial date for this purpose will be the closing
date for receipt of applications i.e. 25-10-2021. Candidates may also note in respect of the above that their candidature will remain provisional till the veracity of the concerned document is verified by the Appointing Authority.

3.3 For Economically Weaker Sections (EWS) Applicants:-
EWS applicants seeking reservation shall invariably submit the requisite Certificate as per Format at Annexure-XI from Competent Authority (Appendix-I of this Notice), as and when called for by the Commission otherwise their claims for reservation etc. shall not be considered.
The crucial date for submitting the income and asset certificate by the candidate may be treated
as the closing date for receipt of online application (i.e. 25-10-2021). Candidates may also note
in respect of the above that, their candidature will remain provisional till the veracity of the concerned document is verified by the Appointing Authority.

3.4 Crucial date for claim of SC/ST/OBC/EWS/PwD/ESM status, fee concession and reservation,where not specified otherwise, will be the closing date for receipt of online applications i.e. 25-10-2021

3.5 Instruction for Central Government Civilian Employees (CGCE) Applicants

3.5.1. Central Govt. Civilian Employees should have rendered not less than 3 years continuous service on regular basis (and not on ad-hoc basis) as on the closing date of receipt of applications i.e. 25-10-2021 of the Notice and should remain in Central 
Government Service holding civil post in any Department/ Offices of Government of India till the candidate receives Offer of Appointment from the Office/ Department where the candidate gets finally recommended for appointment.

3.5.2. For claiming the benefit of age relaxation they shall invariably submit, the requisite Certificate as per Format at Annexure-X from the Competent Authority (Appendix-I of this Notice) and also submit a Declaration as per Annexure-X (A) as and when 
called for by the Commission, otherwise their claims for age-relaxation shall not be considered. Further, they would require furnishing “NO OBJECTION 
CERTIFICATE” from their EMPLOYER at the time of VERIFICATION OF DOCUMENTS, failing which their candidature is liable to be cancelled at that very 
stage or at any stage of recruitment process.

3.5.3. Age relaxation is not applicable to CGCE who apply for Group „B‟ posts in accordance with the instructions contained in DoPT OM No.15012/2/2010-Estt.(D) 
dated 27.03.2012. 
Note: -Candidates should note that in case a communication is received from their employer by the Commission withholding permission to the candidates applying for appearing in the examination, their applications shall be rejected and candidature shall be cancelled

4. For Persons with Disabilities (PwD) [OH/ HH/ VH/ Others]Applicants:

4.1.Suitability of the posts for the Persons with Disability (PwD) and the nature of disabilities
admissible are indicated against each category of post in Annexure-III. PwD candidates should apply only for the posts for which they are eligible.

4.2.Only those Persons with Disabilities (PwD) who are having benchmark disabilities are eligible for fee concession, age-relaxation and for reservation, wherever applicable.

4.3.They shall invariably submit the requisite Certificate as per Format [Annexure-VIII (Form￾V)/ (Form-VI)/ (Form-VII)] as and when called for by the Commission, otherwise, their
claim for PwD status will not be entertained. The certificate of disability issued under the
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)
Act, 1995 (1 of 1996) will also be valid.

4.4. Special Instructions for PwD Candidates:
As the “Rights of Persons with Disabilities Act, 2016” has come into force with effect from 19.04.2017, and beside OH, HH and VH categories, new categories of disabilities such as Autism, Dwarfism, Acid Attack victims, Muscular Dystrophy, Intellectual Disability, Specific Learning Disability, Mental Illness and Multiple Disabilities, etc. have been included. Therefore, the candidates with such disabilities may also apply giving detail of their disabilities in the online Application Form. However, their selection will be subject to identification of posts suitable for these categories as well as reporting of vacancies by the Indenting Departments. Candidates suffering from various disabilities as identified vide DoP&T OM No: 36035/02/2017- Estt (Res) dated 15.01.2018 (para-2.2) may select following PwD categories in the online Registration/ Application Form:

S No Type of Disability
Category of disability to
be selected in Registration /
Application Form

(a)Blindness and low vision                    vh

(b)Deaf and hard of hearing                     HH

(c)Locomotor disability
 including cerebral palsy,
leprosy cured, dwarfism, 
acid attack victims
and muscular dystrophy                           OH


(d)Autism, intellectual disability, 
specific learning disability 
and mental illness.

(e)Multiple disabilities from 
amongst persons
under clauses (a) to (d) 
 deaf￾                                                          other

5. Nationality/ Citizenship:
5.1. A candidate must be either:
(a) A citizen of India, or
(b) A subject of Nepal, or
(c) A subject of Bhutan, or
(d) A Tibetan Refugee who came over to India, before the 1st January, 1962 with the intention of permanently settling in India, or
(e) A person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, East African Countries of Kenya, Uganda, the United Republic of Tanzania
(Formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India .

5.2. Provided that a candidate belonging to categories (b), (c), (d) and (e) above shall be a
person in whose favour a certificate of eligibility has been issued by the Government of India.

5.3. A candidate in whose case a certificate of eligibility is necessary may be admitted to the
Examination but the offer of appointment will be given only after, the necessary eligibility certificate has been issued to him/ her by the Government of India.

6.Age-Limit (As on 01-01-2021):

6.1. Age limit for a particular category of post(s) is mentioned in Post-details in Annexure-III against each category of post.

6.2. Proof for Date of Birth: The Date of Birth as recorded in the Matriculation/ Secondary Examination Certificate or an equivalent certificate only will be accepted by the Commission for determining the age eligibility and no subsequent request for its change will be considered or granted.

6.3. Relaxation in Upper age-limit: Relaxation in upper Age-limit admissible to eligible categories of applicants is as given below:

All details pdf check link : https://in.docworkspace.com/d/sAGJT59mQvfhl3pSel6qnFA

Tuesday, September 14, 2021

Stage of crime under IPC, 1860

 Stage of crime under IPC, 1860



INTRODUCTION


STAGES OF CRIME Under IPC, 1860 If a person commits a crime than the doing of it involves four different stages.

  1.  Intention
  2. Preparation 
  3. Attempt  
  4. Commission


Intention

First stage in commission of crime and known as mental stage.It is the desire to commit an act. Intention is the direction of conduct towards the object. Mere intention to commit an offence not followed by any act, cannot constitute an offence.The accused is not prosecuted at this stage because it is very difficult for the prosecution to prove the guilt mind of the person.

 Preparation

Preparation means to arrange the necessary measures for the commission of the intended criminal act. Intention followed by a preparation is not enough to constitute the crime. Preparation has not been made punishable because in most of the cases the prosecution has failed to prove that the preparations in the question were made for the commission of a particular crime.
If A purchases a pistol and keeps the same in his pocket duly loaded in order to kill his enemy B, but does nothing more. A has not committed any offence as still he is at the stage of preparation and it will be impossible for the prosecution to prove that A was carrying the loaded pistol only for the purpose of killing B.

Preparation when Punishable

In some exceptional cases preparation is punishable, following are some examples of such exceptional circumstances:

  1. Preparation to wage war against the Government -Section 122.
  2. Preparation to commit depredation on territories of a power at peace with Government of India- Section 126.
  3. Preparation to commit dacoity- Section 399.
  4. Preparation for counterfeiting of coins or Government stamps- Sections 233-235, S. 255 and S. 257.


Attempt

An attempt to commit a crime is an act done with intent to commit that crime and forming part of a series of acts which would constitute its actual commission if it were not interrupted. Attempt is the direct movement towards the commission of a crime. The act is more than mere preparation to the commission of an offence. An attempt creates alarm which of itself is an injury. The act may be sufficiently harmful to the society by reason of its close proximity to the completed offence. So criminal law takes into consideration the attempt and punishes it accordingly.

There are three essentials of an attempt:-


  1. Guilty intention to commit an offence.
  2. Some act done towards the commission of the offence.
  3. The act must fall short of the completed offence.


Attempts under IPC
The Indian Penal Code has dealt with attempt in the following four different ways-

1. Completed offences and attempts have been dealt with in the same section and same punishment is prescribed for both. For instance, Section 121, 124-A, 391.

2.Attempts to commit offences and commission of specific offences have been dealt with separately and separate punishment is provided. For instance, murder is punished under section 302 and attempt to murder under Section 307.

3. Attempt to commit suicide is punished under section 309.

4. All other cases where no specific provisions regarding attempt are made are covered under section 511 which provides that the accused shall be punished with one-half of the longest term of imprisonment provided for the offence or with prescribed fine or with both.

Test to Identify Attempt

It is easy to say that an attempt to commit offence begins where preparation ends, but it is very difficult to find out where one ends and other begins. To determine this various tests has been laid down by the court.

1. Proximity test: This test states that if an act is near to the accomplishment of the offence than it amounts to an attempt. It measures the defendant’s progress by examining how close the defendant is to completing the offence.

Abhayanand Mishra vs State of Bihar, AIR 1961 SC 1698.
In this case, the accused applied to Patna University for M.A. examination on the basis that he has obtained a B.A. degree. Relying on the accused, the University issued admit card to accused. After enquiry the University found that the accused was not a graduate and he had been debarred from taking university examination due to corrupt practices. He was charged with attempt to commit cheating. The court upholding the conviction stated that when a person makes preparation with intention and does an act towards its commission than it is an attempt to commit offence.

2. Locus Poenitentiae Test: It is a Latin phrase, which means opportunity to withdraw. So long as the steps taken by the accused leaves room for a reasonable expectation that he might befall or for whatsoever reason, desist from going ahead with the contemplated act, then he will be treated in law, as only being in preparation.

Malkait Singh vs State of Punjab (AIR 1970 SC 713)
Here the appellant was arrested by Punjab Police 32 Miles before the Punjab –Delhi border for exporting rice to Delhi without license. The court held that it was mere preparation. It was quite possible that the appellant might have change their mind at any place before reaching the border and would not have proceeded further in their journey.

3. The Unequivocality Test: It is based on the maxim, “Res ipsa loquitur” which means things speaks of itself. When a person's conduct, in itself, shows that the person unequivocally and without reasonable doubt, actually intends to carry out a crime, then the conduct is a criminal attempt to commit that crime. According to this test, the act of accused unequivocally indicates his intention to accomplish the criminal object.

State of Maharashtra vs Mohd. Yakub (AIR 1980 sc 1111)
On receiving some secret information that silver would be transported in Jeep and Truck from Bombay, police staff proceeded in two vehicles to keep a watch. The officers followed the truck and the jeep which, after travelling some distance, both vehicle took halt near a bridge and the accused removed some small and heavy bundles from the truck and placed them aside on the ground. The Customs Officers rushed to the spot and arrested and searched the persons present there. At the same time, the sound of the engine of a mechanised sea-craft from the side of the creek was heard by the officers. The officers surrounded the vehicles and found four silver ingots near the footpath leading to the creek. Accused were questioned about their identity, and they falsely gave their name and address. From the personal search, a pistol, knife and some currency notes were found. Fifteen silver ingots concealed in a shawl were found in the rear side of the jeep and twenty-four silver ingots were found lying under saw-dust bags in the truck.

The accused were charged for illegal export and violating custom rules. On appeal when the case reached Supreme Court, than the Court held that the intention of the accused to export the silver from India by sea was clear from the circumstances enumerated above. They were taking the silver ingots concealed in the two vehicles under cover of darkness. They had reached close to the sea-shore and had started unloading the silver there near a creek from which the sound of the engine of a sea-craft was also heard. Beyond the stage of preparation, most of the steps necessary in the course of export by sea, had been taken. The act of the accused, itself shows the intention. So the court convicted the accused.

Pandharinath vs. State of Maharashtra, (AIR 2010 SC 1453)
In this case, the victim was appointed as maid servant. On the very first day of her work, at around mid- night, at about 2.30 - 3.00 a.m. the complainant felt that somebody is touching her body so she got up. She found that the accused was sitting near her bed whereupon she shouted. Immediately, the accused gagged her mouth and tried to lift her cloth. On hearing her cries, a person came into the room and when he came to know about incident he gave a slap on the face of accused.
Here, the court held that the offence under Section 376 is  not proved in the instant case on the basis of the evidence on record, but it is definitely a case of commission of the offence of attempting to rape.


Impossible Attempt

An attempt is called as impossible attempt when the following conditions are met.
He or she intended to commit the offence;
He or she did everything that was required for the completion of the offence; and
The completion of the offence was made impossible by facts not known to him or her or because of circumstances beyond his or her control.
Eg: A person who, believing in witchcraft burns an effigy with the intention of causing him hurt. Here the conduct of accused was not physically capable of completing the offence, so not liable for punishment.

Impossibility is sometimes pleaded in answer to a charge of attempt, with the accused contending that the facts were such that it was impossible for him or her to complete the offence no matter how hard he or she tried.
Eg: A who, with intent to hurt B, prepares a glass filled with poison. Unnoticed by A, C pours away the poison and refills the glass with water which A, in ignorance of what C has done, serves to B. Here A was liable for attempting to cause hurt by administering poison.

The concept of impossibility has been categorised into two parts namely physical and legal impossibility.

In cases of physical impossibility, some extraneous factual circumstance makes it impossible for an accused to achieve the result, whatever means he or she adopts.
The consequence of physical impossibility is that the accused is liable for the attempted offence.
Eg: A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. Z is having nothing in his pocket than also A is liable for attempt to commit theft.

In legal impossibility, the result the accused intends, if achieved, will not be the crime he or she believed would be committed. In case of legal impossibility the person is under a mistaken belief that his act is a crime but in fact his act does not amounts to crime.
An example is where the accused had taken his own umbrella from a stand thinking that it belongs to another person.

Asagarali Pradhania v Emperor, [(1933) ILR 61 Cal.]
The accused had given the complainant certain substances to procure a miscarriage. The miscarriage could not be accomplished because the substances were harmless. The court held that the accused was not liable for the offence of attempting to cause a woman to have a miscarriage under s 312 read with s 511 of the Penal Code.
Here the accused had not done everything that was required for the completion of the offence. For that condition to be satisfied, the accused would have had to give the woman a substance which would have procured the miscarriage.
So the Court acquitted the accused.


Commission or Accomplishment

It is the final stage of crime. If the accused succeeds in his attempt to commit the crime, he will be guilty of the offence and if his attempt is unsuccessful he will be guilty of an attempt only.
Eg: A fires at B with the intention of killing him, if B dies than A is guilty of murder. If B is injured than A is guilty of attempt to murder.

Cases

R. vs. Scofield, Cald. 397 (1784) 
In this case, the accused lighted a candle and placed it into flammable material in a house with the intent to burn it down, but the larger fire never happened.
Here the court held the accused guilty of attempt to commit mischief.

Emperor vs Vasudeo Balwant Gogte (1932) 34 Bom LR 571.
In this case, the accused fired two shots on the victim but due to defect in the ammunition or some other reason the victim escaped from the attack. Here the court held that S. 307 IPC means that the accused must do an act with such a guilty intention and knowledge and in such circumstances that but for some intervening fact that act would have amounted to murder in the normal course of events.