The main aim of enacting laws, rules, and regulations is to determine peace
within the society where every one feels safe and secure. Laws are enacted to
lower down the crime rates within the country and convey fear within the mind of
potential offenders to not commit the crime.
Effects of strict laws are:
Deter potential offenders- The aim of providing punishment is that the others
who can commit the crime within the future understand that they're going to need
to face an equivalent consequences then they are doing not dare to commit the
crime. this is able to help in decreasing the crime rates within the country
when others will fear from committing a criminal offence.
The effects of strict and improved implementation are:
Gives power to the enforcement authorities:
The enforcement authorities are the key to effective implementation of the law.
Therefore power must tend upon the authorities in order that they will work
better and therefore the laws might be effectively implemented. Creates fear
within the mind of the general public - Merely written laws wouldn't be
sufficient to discourage the public. So proper implementation becomes important
in order that the written laws might be put into action.
If a person know that he can steal and will only spent 4 nights in jail he may
not fear to steal the specific item but if it results in amputation of his limbs
he will think before performing such a crime and out of fear may not do it as it
may cost a permanent damage to his body. To establish peace, reduce crime, and
make fear within the mind of potential offenders it's necessary that strict laws
should be implemented during a better way.
Justice shall prevail may be a statement which is present altogether
agitations, determinations, and contentions but the purpose is whether or not
justice is really prevailing where the victim or his/her parents need to
struggle for years or where the accused gets acquitted thanks to lack of proof.
Justice won't prevail until the procedure and investigation are quick,
efficient, and honest.
The justice would prevail that day when there'll be no news regarding rape cases
or any such case that raise an issue upon the existence of humanity.
Introduction
Crime can be relative to their approach of dealing with them and laws relating
to it. Crime is subject to punishment and law enforcement towards it.
Enforcement authorities must have a weapon of fear in order to bring justice and
peace in society. Strict laws are blessing in disguise and necessary evil, in
eyes of public they may be derogatory but in eye of enforcement authority they
are necessary tool to make the public obey law. When thinking of Criminal
Jurisprudence, society to which it belong because law which is predicated on
human behaviour varies from society to society.
All an equivalent present day civilization results in a standard goal of
protecting human rights in order that there would be peaceful co-existence and
every person can have a way of security that in his life time he will live
comfortably with dignity. All laws tend towards an equivalent. this provides
rise to the behaviour of man towards others I.e. what he need to do and what he
ought to not.
When a person acts it's reflection on others. This reflection creates
imbalances. Mode of balancing the imbalances is law. It deals with rights
obligations and their enforcement. When a person is put to an uncomfortable
position by action or inaction of another it's said to be wrong. Disturbance of
right, of non-discharge of obligation are often classified as wrongs. Whether
the action or inaction is wrong and eradication of the wrongs are called
adjudication. results of adjudication is justice. this technique of' justice are
often called jurisprudence. Where sovereignty of a society is probably going to
be affected directly or indirectly by act or omission of a person, criminal
jurisprudence emerges. Prevention of wrongs to society for shielding society
itself by laws comes within the domain of criminal jurisprudence.
Methods of such prevention are by giving direction to not do, attaching a stigma
to wrongdoer in order that society will identify the incorrect doer, removing or
suspending some privileges which otherwise a person enjoys being a member of the
society. This assures the members of the society that they're comfortable during
their lifetime and may accept dignity within the society.
Curtailment of liberty either by prohibiting an individual to be within the
society of persons which he desires is another mode. they're causing death of
the person against his will, confining him in custody or not allowing him to be
within the society he desires. there's no scope in our law to cause death of an
individual unless he has committed an offence declared to possess such penalty.
Confining an individual in custody could also be an accent of committing an
offence or on accent of steps for prevention of breach of peace or an accent of
disturbing public order. Similarly, restraint imposed on an individual to
combine with others he desires may be a mode of prevention.
A person is additionally directed to possess good behaviour. These provisions
are found in National Security Act, Criminal Procedure Code, Police Act, legal
code Amendment Acts and therefore the like. Where an individual is found to
possess committed an offence he's convicted and thus a stigma is attached to
him. In respect of some such offences, he's not punished immediately and allowed
to vary his behaviour. for a few offences he's sentenced to pay fine. for a few
other offences on conviction, he's sentenced to substantive imprisonment and for
committing some offences he's bereft of his life. this is often the broad
principle of criminal jurisprudence. Body Crime (Crime is an essentially
contested concept. There is no universally agreed definition of what a criminal
offence is).
However, the foremost straightforward way of brooding about crime is to seem at
it in terms of a legalistic perspective - from this approach a criminal offence
is an act which is illegal. It’s against the law. Specifically it is against the
criminal law.
In so doing the act will have certain aspects thereto:
it'll have a facet of criminal harm and it'll have a facet of criminal blame.
First of all this is often because it’s always getting to be partial and
determined within a really specific and limited set of criteria about what's
crime. If a given act isn’t illegal, then whilst we might see it as wrong, or
problematic or harmful, it’s not going to be something which will be defined as
a crime. Many criminologists have argued that it's important to unpack the legal
definition, and have questioned the very notions of what's and what isn’t
criminal harm. Criminologists have also questioned notions around criminal blame
and both the strengths and weaknesses of a backward looking approach grounded in
individual culpability.
Following are the essential characteristics of crime Mens Rea:
The accused is proved to possess knowingly committed the crime. Also that he had
full knowledge of their actions. He must have mala fide intent towards the
victim. malice aforethought is additionally utilized in some civil suits. Act
could also be voluntary or involuntary, and therefore the guilt is decided by
the facts of the case.
ActusReus:
ActusReus is that the physical aspect of a criminal offense. The accused must
have done something or omitted to try to to something. Without a guilty act,
there are often no crime and no suit for damages can arise. It are often applied
while considering the very fact, time, place, person, possession, consent of the
victim, etc.
Punishment:
Is suffering, loss, pain, or the other penalty that's inflicted on an individual
for the crime by the concerned authority.
Prohibited Act:
The act shouldn't be prohibited or forbidden under the prevailing law.
The purpose of Criminal Justice is to punish the wrongdoer and to stop the
offender from committing the offence.
What can be termed as strict law?
The main aim of enacting laws, rules, and regulations is to determine peace
within the society where every one feels safe and secure. Laws are enacted to
lower down the crime rates within the country and convey fear within the mind of
potential offenders to not commit the crime.
However, it's observed that neither the crime rates are becoming reduced nor the
criminals have any fear of law. Therefore, it's vital to form amendments in law
to determine peace within the society again. The laws and its implementation
require reconsideration. albeit there are punishments predefined within the laws
still people commit those crimes. It might be understood from this that the laws
got to be more stringent which deters the offenders to commit the crime.
The laws enacted by the govt are lenient which is why people aren't deterred
from committing crimes. The strict laws are mandatory to bring fear within the
mind of the potential offenders in order that before committing the crime they
know that they need in touch severe consequences. it's important to determine
fear within the mind of the general public against any crime which may be
created by enacting strict punishments.
(Strict punishments don't mean that for any petty offence an individual would be
punished severely but it means the punishment must be in such an amount that the
wrongdoer must not dare to commit the crime again and any potential offender
gets frightened by understanding the results of his act). There should be
proportionality while giving punishment to an offender in order that neither
it's too severe that he has got to bear quite what he did nor so less that he
doesn’t fear before committing it again.
Effects of strict laws are:
Deter potential offenders:
The aim of providing punishment is that the others who can commit the crime
within the future understand that they're going to need to face an equivalent
consequences then they are doing not dare to commit the crime. this is able to
help in decreasing the crime rates within the country when others will fear from
committing a criminal offence.
Prevent repeating offenders:
When there are not any strict laws provided for any offence it'll not create
fear within the mind of the wrongdoer and he will be happy to commit it again
and again as there's no such fear of facing bare consequences. To decrease crime
rates the key's to prevent repeating offenders. The repeating offenders are
those to commit crimes to travel to jail and once they begin they again do an
equivalent. they're neither apologetic nor scared of the enforcement
authorities. These sorts of people are toxic for society as they're left with no
fear, emotion, and humanity and may do any harm to the general public. Thus,
stricter laws would create fear within the mind of the offenders in order that
they are doing not dare to commit similar crimes again.
Create peace within the society:
Enacting strict laws would create fear within the mind of the general public and
that they won't commit a criminal offence against anyone after knowing that they
need to face severe punishments. this is able to decrease the rate within the
country and establish peace within the society. An efficient implementation
mechanism is vital for the law procedure. A far better implementation is
important because regardless of what proportion strict laws are enacted by the
legislature unless it's not properly implemented there's no use of the written
laws. The stated or prescribed laws aren't getting to help in any way unless
it's implemented efficiently.
The essential elements for better implementation are police, prison authorities,
investigators, etc. The police are those on whom the responsibility of the
safety of the general public is given upon. they're those who reach any crime
scene and that they are given authority to catch the offenders and produce them
before the court. So it's vital that the police investigation efficiently to
catch the offender as soon as possible to supply justice to the victim. The
effects of strict and improved implementation are: Gives power to the
enforcement authorities– The enforcement authorities are the key to effective
implementation of the law. Therefore power must tend upon the authorities in
order that they will work better and therefore the laws might be effectively
implemented.
Creates fear within the mind of the general public:
Merely written laws wouldn't be sufficient to discourage the public. So proper
implementation becomes important in order that the written laws might be put
into action. When the punishments are implemented properly the general public
would create fear in their mind before committing any crime due to the efficient
implementation.
Proper functioning of the judicial system:
When the enforcement authorities would work efficiently it becomes easy for the
judiciary to know the case and pronounce the judgment in order that justice
could prevail. The judiciary is that the pillar of the democratic country on
whom many pending cases are burdened, thanks to which they can't function
effectively. it's so important that the burden must be lowered through division
or a speedy trial. Better implementation of the law would lower down the burden
and therefore the judiciary would be ready to function during a better and
efficient way. The combination of strict law and better implementation is
important.
Strict law along side better implementation would give the specified result as
neither strict law alone nor the higher implementation could work alone to stop
crime from the society. The long procedures of the court during which the victim
seeking justice for herself/himself has got to await years thanks to which the
victim loses hope and therefore the accused get an escape. Such a late and
lengthy process creates doubt within the mind of the general public as they know
that if they carry any case before the court then it's impossible to urge
justice on time. The explanation for such doubt is lenient laws and bad
implementation.
When the authorities would work effectively it might help the judiciary to
succeed in their conclusion soon and therefore the strict laws would deter the
general public from committing crimes again. Both together would thus prevent
crimes within the country and establish peace.
Following measures shall be taken to bring justice through strict laws and
better implementation:
A fixed deadline shall be mentioned for removing the cases in order that the
victim shouldn't suffer much to urge justice. A fixed punishment should be
stated for the crimes rather than the minimum and maximum provisions. The
punishments shall tend consistent with the severity of crime in order that
people will fear from committing those crimes.
Cases like rape, or any severe cases shall be referred on to the Supreme Court
or supreme court for trial. Mercy petition for brutal and severe crimes shall be
rejected. Bail shall not tend to criminals committing high-intensity crimes.
Usually, strict laws and better implementation are necessary for all the crimes
but certain special cases require attention and speedy amendments and
enactments. Giving justice to the victim and his/her parents should tend on time
without unnecessary delay. For this, enacting strict laws and its proper
implementation is vital.
The cases during which the need of immediate strict laws and its better
implementation is important are:
Crime against women:
Women are the foremost vulnerable section of the society in India who are more
susceptible to be subjected to crimes. Women face assaults almost everywhere
reception, market, place of business, or job. There are many cases against women
that have raised questions upon the existence of humanity in people. Rape cases
against women have now become normal in India where such cases happen almost a
day.
People are so wont to rape news that they don’t even consider it important. this
is often not what should happen, instead, the culprits should be punished with
such severe punishments that fear should be created within the mind of the
culprits and future potential offenders so on fear from committing such inhumane
conditions.
Although there are punishments prescribed under the Indian legal code, 1860
under Section 370, 370A, 375, 376A, 326A, 326B, 354A, 354D yet there's no
reduction in crime rates instead such crimes are occurring a day, and sometimes
the intensity of such crimes is so high that it shakes the trust of the general
public on humanity also as from judiciary. Crime against children- There are
many cases of crime against children. Children are forced to figure in hazardous
industries.
Trafficking of youngsters for immoral purposes is one among the main crimes
against children. Young girls also are sexually assaulted by their own
relatives, fathers, etc. Children are the simplest target for any offender as
they will be influenced and used because the offender wants to. Certain
enactments and provisions like POSCO Act, Article 21, 24, 39(f), and 45 of the
Indian Constitution. Although such enactments, provisions, programs are within
the country yet there no reduction in crime against children are often observed.
Rarest of rare cases- there's news monthly concerning cases that shake the soul
of each person reading or hearing such news. Rarest of rare cases are those
which are grave in nature. it's not been defined in any statute yet judges use
this doctrine in certain cases where the intensity of graveness and brutality is
so high that it distinguishes itself from the opposite cases. Such cases require
speedy trials and execution shall tend to such cold-blooded offenders.
In India, the execution of persons accused under rarest of rare cases is such a
lot delayed that justice doesn't prevail. within the
Nirbhaya case, the
culprits were hanged after seven years. within the
Talwar case, the
accused (parents of the victim) were acquitted on the bottom of the presence of
reasonable doubt. The case could are solved earlier if the investigation would
are done properly. Such cases require quick, effective, and efficient
investigation in order that the proofs couldn't be mishandled and therefore the
real culprit gets the punishment.
Countries that follow strict rules and its consequences Singapore:
Singapore is a country whose developed rapidly and can be stated not be a
developed country in the world. Singapore has a low rate of crime as compared to
other countries in the world. It was able to establish effective law system only
with the help of strict laws and powerful administration. Singapore is now
deferred as a benchmark for cleanliness and safety the law enforcement has made
some strict laws which may be bizarre in nature but eventually help them to
reduce the crime rate in the country.
Some bizarre strange law that they follow are walking naked in house is illegal,
chewing gum is illegal, smoking is prohibited in most of the areas, can't make
noise after 10 PM, if you don't flush the toilet you are heavily punished,being
gay is illegal, annoying someone with a musical instrument, legal feeding
pigeons is it illegal drinking alcohol and partying between 10:30- 6:30 AM,
committing suicide and flying kite.
These are some strict law which help the establishment to bring order in state.
The punishment for all these above crime is mainly fine of 500 to 5000 Singapore
dollars which is around 27,000-2,73,002 INR, which is Avery heavy amount for
such small illegal activities. As per United Nation the crime rate in Singapore
is only 0.16%. Which is one of the lowest around the world. This has proved to
be affected and therefore following strict laws have been a great deed/blessing
for Singapore for maintaining law and order.
United Arab Emirates:
Though being ruled by a monarch United Arab Emirates is one of the leading and
growing countries in infrastructure. Through the passage of time it has become
more liberal and more accepting it does not follow unexpected laws that are
being followed in Saudi Arabia and it even allows practice of other religions
but mainly follow the Muslim Sharia law.
Punishment in United Arab Emirates for severe as compare to other countries in
the world for example for stealing is cutting of hands, homosexuality is
illegal, kissing in public is illegal. They have a quite small population to
enforce upon but still have quite strict laws which help them to keep low crime
rate in there country.
Canada:
It also has low crime rate i.e. around 9%. Which quite low even though it shares
borders with USA which has fair amount of crime. It also has some weird law
which are strict in nature like practicing witch craft like land you in jail for
10 months, drug tracing can lead to death penalty, it is also illegal to ice
cream on Sundays in Ottawa on bank street, it can cost a fine up-to $2000 and
arrest even so According to Halifax’s Regional Municipality Bylaws for Taxis and
Limousines, number 42 a) stipulates drivers must wear shoes and socks, keep
their attire in neat and tidy condition at all times, and absolutely cannot wear
a t-shirt. Also accordingly in Toronto Port Authority, you can’t swim anywhere
in the harbour that has not been designated as a swimming area by the City of
Toronto. So, if you’re out on a boat and want to cool off, keep this in mind.
Historically, there was also a law that you could not swim in Toronto Harbour in
less than-seemly attire. Canada is also able to maintain low crime rate
with help of strict laws. Deterrence Theory Severity of punishment was long
thought to be the key component in deterring criminal behaviour. As a result,
lawmakers relied on the utilization of severe sanctions to discourage crime.
However, little research examined the deterrent effect of severe punishments
until the 1960s. Initial research supported the idea that severe punishments
deter crime. A series of studies examining homicide rates found that the
severity of punishment for homicide had a deterrent effect. However, when the
examination expanded beyond homicide, there was a surprise: the severity of the
penalty had a positive effect on the crimes of rape, assault, larceny, robbery,
burglary, and auto theft. That is, severity of punishment didn't deter crime. If
anything, it had the other effect.
Severe penalties may serve other valuable purposes in criminal justice policy.
they'll incapacitate particular individuals and stop those individuals from
committing crimes for a period of your time, they'll publicly denounce certain
actions, or they'll provide a chance to supply rehabilitating treatment.
However, as are going to be discussed in additional detail below, multiple
studies have found that severe penalties rarely, if ever, have a deterrent
effect.
There are a couple of possible explanations for this fact. Not all crimes
involve a rational decision. Criminal acts could also be driven by many factors.
Many crimes happen when the offender is under the influence of medicine or
alcohol. Others occur within the “heat of passion” when an individual
experiences a robust emotion. It makes logical sense that a model assuming
criminals engage during a rational analysis before committing a criminal offense
wouldn't accurately predict conduct by people with an impaired ability to think
rationally. But this doesn't explain why the severity of punishment didn't deter
economic crimes like theft or burglary. Subjective beliefs about severity don't
match the likely sentence.
On its face, severity of punishment appears to be an objective fact:
A person commits an offense and receives a known consequence. However, actual
consequences may differ supported multiple factors and a possible offender might
not have accurate information a few likely sanction. The state can raise the
utmost penalty for an offense, but that doesn't necessarily change the
expectations of somebody who could be considering committing a criminal offense.
If an individual is weighing the advantages of committing a criminal offense
against the potential consequences of that act, it's the potential offender’s
actual belief a few likely sanction that matters. the bulk of offenders who are
interviewed report that they didn't know what potential sentence they faced. Not
surprisingly, then, many reported that they didn't consider the potential
sentence in the least before acting. Increasing penalties cannot have any effect
if potential offenders aren't conscious of the change.
Even if offenders know what potential penalties they face, their assessment of
these penalties could also be different than what lawmakers intend. Interviews
with offenders show that longer sentences have diminishing returns. That is, a
possible offender doesn't view a sentence that has been doubled as being twice
as severe. Sentences of 5 years were seen to be only twice as severe as a
one-year sentence, and sentences of ten years were seen as fourfold as severe as
a sentence of one year.30 Longer sentences continued that trend.
A sentence of 20 years was perceived as only six fold harsher than a sentence of
1 year, and fewer than half again as harsh as a ten-year sentence. In addition,
the severity of punishment only deters crime when the knowledge of being caught
and punished is high enough. In other words, severity of punishment, independent
of the knowledge of that punishment, isn't related to lower rates of crime.
If an offender doesn't expect to be caught, the severity of the punishment
doesn't factor into any decisions. certainty of punishment is usually considered
to be more important than the severity of that punishment. Indeed, studies
suggest that the deterrent effect of certainty is way stronger than that of
severity. In certainty, subjective certainty is more important than objective
certainty. That is, an individual’s belief about whether punishment is likely is
more important than the fact that punishment is, or is not, actually likely.
That subjective belief can come from publicity, but more often comes either from
personal experience or anecdotal information from others in the community.
The first perception that individuals form tends to be unreasonably high.
Individuals who commit offenses and successfully avoid punishment often increase
their offending behaviors based, in part, on the belief that avoiding arrest
once suggests that punishment remains unlikely. Perception of risk can also be
influenced by substance use, the presence of peers, and other situations that
influence a person’s emotional responses.
Like severity, increasing the knowledge of punishment appears to supply
diminishing returns. There is evidence that the perceived probability of arrest
must exceed 30 percent to possess a meaningful deterrent effect, which the
deterrent effect increases until the perceived probability reaches about 70
percent. But a probability above 70 percent offers only slightly more deterrence
than the 70 percent probability. As Becker noted, there is a balance to be found
in certainty. Raising the probability of arrest and conviction to 100 percent
would involve significant social costs, including paying for a vast police force
and surrendering individual privacy and liberty.
What influences criminal behaviour Biological factors:
Criminologists and psychologists state that variance in chemical
combinations within the brain, neuroendocrine, neurobiological functions can
provoke criminal behaviour. Any damage caused Amygdala, the a part of the brain
related to emotions can influence an individual's criminal behaviour and should
also eliminate fear of punishment.
Social factors:
Children who are raised up in bad situations and are exposed to criminal
activities, when their parents or guardian themselves are involved in illicit
activities, when the kid is deprived from childhood joy and delight and
depressed, juveniles who face humiliation, children of convicts who are
discriminated by the society, are susceptible to stepping into criminal
activities.
Substance abuse: Due to coevals influence and lack of education people
tend to urge wont to narcotics and medicines and lose control over themselves
and obtain involved in criminal activity. Some poor thanks to bad influence
become involved in criminal activity like theft, robbery and trafficking for his
or her livelihood. Likewise there exists many for criminal behaviour.
Therefore a reformative and deterrent law must focus not only the crime
committed but also deals the concerned criminal in such how that the cause for
his criminal behaviour. However it's difficult to review every criminal
altogether cases and treat him appropriately, but the above said might be wiped
out juvenile cases and minor criminal cases in order that crimes committed by
recidivists are often reduced to the utmost extent.
It is noteworthy to see that there has been an increase in crime rates over the
past four decades. While there is an increase in the crime against the human
body, on one hand, there is a decrease in crime against the property on the
other. Indian society has experienced rapid structural changes in the past four
decades which have led to major transformations in every societal institution.
Rapid changes in the social structure have led to developments of conflicting
ideas which has resultantly led to differences that extend from individual level
to social level, which ultimately lead to the commission of crimes. Modernity
despite having major boon for the societies has also led to social disorganized
which leads to the increased crime rate.
In India, the rapid growth in the urban population and, the changes in the
existing value systems and political system are some of the major factors
contributing to the increase in the crime rate. All of this leads us to safely
conclude that despite having independent existence all this have a mutual
existence and therefore it could also be said that Crimes are an antithesis to
the developments and growth which a nation makes. One of the main reasons for
the increase in cases of major criminal offences is the increase in the number
of violations of statutes dealing with criminal matters.
Conclusion:
Concluded from the above mentioned research that strict law are necessary tool
and and have proven to be effective in past and even in current scenario.
Countries that follow strict law have shown drastically change in crime rate
rather than countries who are more lenient in their approach. With only fear and
effective enforcement authorities crime can be curved & peace and harmony can be
restored in society. Therefore it is impossible to check crime without having
strict laws.
Eventually people will not understand consequences of their wrong and will
repeatedly perform the same wrong doings. Therefore it is necessary to ensure
and set an example that such a crime will only result in harsh punishment. As a
result a factor of fear will stop the wrong doer from illegal acts. If a person
know that he can steal and will only spent 4 nights in jail he may not fear to
steal the specific item but if it results in amputation of his limbs he will
think before performing such a crime and out of fear may not do it as it may
cost a permanent damage to his body. To establish peace, reduce crime, and make
fear within the mind of potential offenders it's necessary that strict laws
should be implemented during a better way.
Thus strict laws along side better implementation would help the country to
figure efficiently. India’s law enforcing authorities, and therefore the
government must understand things of this time and in respect of the increasing
crime rates they ought to enact such laws that might deter the general public
and if such crime even happens then the implementation should be in such how
that the culprits are caught soon and punished then justice would prevail in its
true sense.
Justice shall prevail may be a statement which is present altogether
agitations, determinations, and contentions but the purpose is whether or not
justice is really prevailing where the victim or his/her parents need to
struggle for years or where the accused gets acquitted thanks to lack of proof.
The bitter truth is not any. Justice won't prevail until the procedure and
investigation are quick, efficient, and honest.
The justice would prevail that day when there'll be no news regarding rape cases
or any such case that raise an issue upon the existence of humanity. Trends in
crime and therefore the rate in India over the past four decades is usually
fluctuating. While crime against the physical body has always been on a rise,
cases of petty crimes like burglary etc. have seen a decline. it's also to be
noted here that the rate is on a high only since the 1990s which clearly
indicates some kind of perversion.
Based upon a worldwide observation it could even be said that the general crime
problem in India isn't as serious as that within the US or Latin American
countries, but still, the rate is on an alarming increase. In India Economic,
political, and social factors play an important role within the commission of
crimes. If these factors might be controlled and stabilized, we will anticipate
the development of the crime situation which successively would scale back the
general rate.
Written By:
- Hrithik R Kumar
- Vishwa Kundu
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