This article has been written by Prithiv Raj Sahu, a student of KIIT School of Law, Bhubaneswar. Picture credits to moneymorning.com.au

Issue of Shares is the process in which companies allot new shares to shareholders. Shareholders can be either individuals or corporates. The company follows the rules prescribed by Companies Act 2013 while issuing the shares. Issue of Prospectus, Receiving Applications, and Allotment of Shares are three basic steps of the procedure of issuing the shares. The process of creating new shares is known as Allocation or allotment.  The types of shares of a company and the procedure for issue of shares that a company must follow

Types of Shares

1. Equity share capital and preference share capital

2. Shares with differential voting rights

3. Sweat equity shares

4. Issue of securities at a premium

5. Prohibition to issue the shares at discount

6. Issue of shares on preferential basis

7. Further issue of shares

8. Bonus shares

9. Employee stock option scheme

Difference between Equity Shares and Preference Shares

EQUITY SHARES – when you hear the word shares, people almost always refer to equity shares or ordinary shares. With equity shares, a company offers you partial ownership and thus, involves a lot of business risk. The members, who own equity shares, also acquire the right to vote for critical decisions in the company. These decisions may include electing a new leader, acquisition, merger, etc. And they play a crucial role in raising capital for the company. Equity capital forms the basic foundation of the company and its credit worthiness. The dividends or pay-outs to equity shareholders predominantly depend on the earnings of the company. Once the company has settled all other claims and expenses, it will pay its equity shareholders.

PREFERENCE SHARES – Between equity shares and preference shares, it is the latter that offers a certain source of income. With preference shares, a company promises its shareholders a fixed amount as dividend. And the preference shares take precedence over ordinary shares or equity shares. They also have an edge over equity shareholders when it comes to repaying of capital. Since the rate of dividends is fixed, it is usually compared with debentures.

RIGHTS ISSUE (SEC 62) – A Company having a share capital proposes to increase its subscribed capital by the issue of further shares, such shares shall be offered to—

  1. Existing shareholders.
  2. Employees under a scheme of employees’ stock option, subject to special resolution passed by company.
  3. Any persons, if it is authorised by a special resolution, whether or not those persons include the persons referred to in clause (a) or clause (b). Approve in Board Meeting File PAS-3 within 15 days from the date of allotment.

BONUS ISSUE (SEC 63) – A company may issue fully paid-up bonus shares to its members, in any manner whatsoever, out of –

  1. Free Reserves;
  2. Securities Premium;
  3. Capital Redemption Reserve:

No company shall capitalise its profits or reserves for the purpose of issuing fully paid-up bonus shares, unless Authorised by Articles; on the recommendation of the Board, been authorised in the General Meeting. Not defaulted in payment of interest or principal of   fixed deposits or debt securities; Not defaulted in respect of the payment of statutory dues of the employees, such as, contribution to provident fund, gratuity and bonus; Partly paid-up shares are made fully paid-up; The company which has once announced the decision of its Board recommending a bonus issue, shall not subsequently withdraw the same. The bonus shares shall not be issued in lieu of dividend. Approve in Board meeting File PAS-3 within 15 days from the date of allotment.

PRIVATE PLACEMENT (SEC 42) – Any offer or invitation to subscribe or issue of securities to a select group of persons by a company (other than by way of public offer) through private placement offer- cum-application, which satisfies the conditions specified in this section

To selected group of persons which has been identified by Board. On the recommendation of the Board, been authorized in the General Meeting File MGT-14 within 30 days from the date passing of special resolution with the Registrar and application letter shall be in the form of an application in Form PAS-4. Allot securities within 60 days from the date of receipt of the application money. Company shall maintain a complete record of private placement offers in Form PAS-5. Return of allotment of securities shall be filed with the Registrar within 15 days of allotment in Form PAS-3.

Procedure of Issue of New Shares

  1. Issue of Prospectus – Before the issue of shares, comes the issue of the prospectus. The prospectus is like an invitation to the public to subscribe to shares of the company. A prospectus contains all the information of the company, its financial structure, previous year balance sheets and profit and Loss statements etc.
  2. Receiving Applications – When the prospectus is issued, prospective investors can now apply for shares. They must fill out an application and deposit the requisite application money in the schedule bank mentioned in the prospectus. The application process can stay open a maximum of 120 days. If in these 120 days minimum subscription has not been reached, then this issue of shares will be cancelled. The application money must be refunded to the investors within 130 days since issuing of the prospectus.
  3. Allotment of Shares – Once the minimum subscription has been reached, the shares can be allotted. Generally, there is always oversubscription of shares, so the allotment is done on pro-rata bases. Letters of Allotment are sent to those who have been allotted their shares. This results in a valid contract between the company and the applicant, who will now be a part owner of the company.

Conclusion

Even though the existing shareholders have a pre-emptive right to the new stock of shares, the scope of such interference in the director’s discretion is limited; it is only in exceptional situations where the further issue of shares is restrained. 

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About the Organiser

The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the Constitution work for everyone through law and policy research, social and governance interventions and strategic impact litigation.

About ConQuest

CLPR is conducting the 5th edition of ConQuest which is India’s Premiere National Quiz on the Indian Constitution, History and Politics.

Over the last four years, ConQuest has become the largest quiz and educational activity celebrating India’s constitutional history and politics. Over 8000 students have engaged with the previous editions of ConQuest.

It encourages undergraduate and graduate students from the natural sciences, engineering, social sciences, humanities, and law to engage with the Indian Constitution, law, politics, history and current affairs.

Given the ongoing pandemic, there will be a few changes to this year’s edition of ConQuest:

  • Firstly, it will be held completely online, allowing participants from all over the country to join us.
  • Secondly, instead of the Regional Finals, Knockout Rounds will be conducted which will match the top 8 teams from each Regional Preliminary round against each other.

The quiz competition will begin with Regional Preliminary rounds conducted on it’s platform. The top eight teams from each Regional Preliminary will move on to the Knockout Rounds. The top two teams from each of the four Knockout Rounds will be in Grand Finale, held in late October.

Participation Eligibility

Undergraduates and graduates from all disciplines.

Quiz Format

  • Rounds: 4 Regional Preliminaries, 4 Knockout Rounds, and a Grand Finale.
  • The four Regional Preliminaries will all be conducted on one weekend, in different time slots. This will be a written quiz. The eight highest-scoring teams from each preliminary will move on the Knockout Rounds.
  • In the four Knockout Rounds, the eight highest-scoring teams from each Regional Preliminary will compete against each other. The top two teams from each Knockout Round will move on the Grand Finale.
  • The Grand Finale will consist of eight teams in total. This will be conducted live on Zoom.

Focus of the Quiz

  • Indian Constitution
  • Politics
  • Law
  • History
  • Current affairs

Important Dates

Last Date for Registration: October 1, 2020 by 11:59 pm

Prizes

Grand Finale:

  • 1st place: Rs. 30,000/-
  • 2nd place: Rs. 20,000/-
  • 3rd place: Rs. 15,000/-

Contact Information

Please write to conquest.quiz[at]clpr.org.in

Important Links

For rules and regulations click here

For the online registration click here

Click here for the official page of conquest.

Introduction

Sports consumption, as a product of the development of social productive forces to a certain stage, is a personal consumption behavior aiming to pursue fitness and entertainment after satisfying the existence consumption (Zang & Wang 2012). The concept of sport providing a secret language, a shared passion, and an emotional connection to the people resonates universally (Traxton 2020). And as a result, professional sports leagues ferociously marketed their products everywhere, which resulted in an impressive global growth of the sports industry. Accordingly, markets around the world have been growing in their receptiveness to the power of sports, as the sport became a great opportunity to reach millions of fans that were following their favorite leagues and clubs via all kinds of media, in addition, many were also flying all over the globe to follow their heroes in live games. Consequently, the competition within the sports industry rose: for sponsors, for media revenue, for fan attention. Besides the professional sports leagues’ global hunger for market share, changes also occurred due to the rise of digital media, e-sports, short-form video, content-led e-sports sponsorship, and the addition of new women’s sports formats (Nielsen 2018). All these forces, together with increasing health awareness prospected to see further growth for sportswear, sports equipment industry, and sport participation. All that global growth connected to the sports industry, let the Business research company (2019) forecasted a rise for the global sports market at an annual growth rate of around 6% to nearly $614 billion by 2022. Abruptly the world witnessed the Covid-19 pandemic, sports’ seasons ended abruptly, people’s escape from reality suddenly vanished, their spending attitudes changed, live games and commercial flights were suspended, hotels were impossible to book, and consumers practically turned into prisoners within their own homes. No live sports matches to follow on any media either, so specialized sports channels were forced to play old recordings, or in ESPN’s cases, they quickly adapted and started to air a Michal Jordan special (Last Dance) that was marketed for months, earlier than projected. Even athletes themselves struggle to stay relevant and thus, try to be creative to enhance their brand value in these difficult times. And as of this writing, the majority of the sports leagues are still shut down, with a few exceptions like the German Bundesliga or the UFC fighting matches, both of which performing in empty venues, and thus, still projecting a diminished experience compared to the pre-Covid19 era.

Objective

It is expected to collect a visionary set of contributions of renowned academicians and professionals working over the issue of the sports industry and its consumption. Let’s explore the changes that will be created by these unexpected disruptions to the sports industry, fans consumption, and recreational habits. Especially, since it looks like the virus is here to stay at least for a while.

Target Audience

Academicians, researchers, professionals, decision-makers, main-actors from various disciplines, public in general.

Recommended Topics

Sports recovering from crisis times Suspending sports’ seasons’ effects Switching sports disciplines Sports lifestyle before and after Sports consumption habits & patterns Active vs. passive sports’ engagement changes` Sports tourism development Sobering up: overpaid athletes The future of sport wagering Marketing through sports Sports advertising during the crisis Connectedness with sports fans Individual vs. mass sports opportunities Sports’ healing powers Sports abstinence: Psychological issues The ways back to live sports Recreation at home Sports equipment industry Sports souvenir industry Outlook on national sport strategies Sport consumer behavior Future of professional sport as a business Sport licensing landscape Downsizing the sporting goods industry Athletes personal brands without sport performance Is Covid-19 a market opportunity for E-Sports Alternative ways to enhance the experience of Live Sport consumption Sports and the brain Your brain, physical activities, and COVID-19 The impact of COVID-19 on physical activity and well-being Impacts and Implications for the people`s way of living, working, and well being in the Post-COVID-19 era

Submission Procedure

Researchers and practitioners are invited to submit on or before September 15, 2020, a chapter proposal of 1,000 to 2,000 words clearly explaining the mission and concerns of his or her proposed chapter. Authors will be notified by September 30, 2020 about the status of their proposals and sent chapter guidelines. Full chapters are expected to be submitted by November 15, 2020, and all interested authors must consult the guidelines for manuscript submissions at http://www.igi-global.com/publish/contributor-resources/before-you-write/ prior to submission. All submitted chapters will be reviewed on a double-blind review basis. Contributors may also be requested to serve as reviewers for this project. Note: There are no submission or acceptance fees for manuscripts submitted to this book publication, Trust in Knowledge Management, and Systems in Organizations. All manuscripts are accepted based on a double-blind peer review editorial process. All proposals should be submitted through the eEditorial Discovery®TM online submission manager.

Publisher

This book is scheduled to be published by IGI Global (formerly Idea Group Inc.), publisher of the “Information Science Reference” (formerly Idea Group Reference), “Medical Information Science Reference,” “Business Science Reference,” and “Engineering Science Reference” imprints. For additional information regarding the publisher, please visit www.igi-global.com. This publication is anticipated to be released in 2021.

Important Dates

September 15, 2020: Proposal Submission Deadline September 20, 2020: Notification of Acceptance November 15, 2020: Full Chapter Submission December 15, 2020: Review Results Returned January 15, 2021: Final Acceptance Notification February 26, 2021: Final Chapter Submission

Inquiries

armand.faganel@gmail.com

CLICK HERE FOR THE OFFICIAL PAGE.

About the Organisation

People For Animals (PFA) is a Non-Governmental Organization which works all over India in the realm of Animal Welfare. People for Animals’ Legal team is looking for an intern who is willing to work in the field of animal welfare laws and environmental laws.

About the Internship

The work is primarily focused on research and drafting centred around animal welfare litigation and environmental laws. Other work includes working through social media for our online activism and communication.

Number of Interns Required

2 (Two)

Who can Apply?

Law Students

Duration of Internship

One month

Application Procedure

Send in an application along with your Curriculum Vitae to heenarohra10@gmail.com with a copy marked to nalinjha.pfa@gmail.com.

Contact Information

Ms. Heena Rohra: +919819062204

Mr. Nalin Jha: +918511648438

About the Organization

Law Joint focuses on combining awareness of our students need and strong work ethics to deliver the best legal knowledge to the success of the students and their professional prospects.

About the Webinar

Law Joint is organizing a Webinar on Recent Developments in Investigation by Cross Examination of Witnesses under Criminal Justice System.

Dates: 26th September 2020

Timings: 4 PM -5:30 PM

Fees: Rs. 100/-

Note: E-Certificate will be provided.

Payment Details

Paytm: 9873312051

GPay : 9811417312

UPI: kaurs939@oksbi

Note: Zoom Link will be sent 1 day before the event on your registered email.

Chief Guest

•Honorable Mr. Justice K.G. Balakrishnan, Former Chief Justice of India

Key Note Speaker

•Honorable Mr. Justice S.N. Dhingra, Former Judge Delhi High Court

Guest of Honour

•Advocate D.K. Singh Former Vice Chairman Bar Council of Delhi

Date: 26th September 2020

To register click here.

About ISB

The Indian School of Business (ISB) is a private business school established in India in 2001. It has two campuses in Hyderabad (Telangana), and in Mohali (Punjab).

It offers certificates in various post-graduate management programs. ISB became the 100th Triple Accredited business school in the world (AMBA, EQUIS, AACSB) upon achieving AMBA accreditation on May 12, 2020.

About the Conclave

Over the last two years, the Bharti Institute of Public Policy, Indian School of Business (ISB) has been engaged in developing an open access data portal, India Data Portal (IDP) which allows seamless search, analysis, visualization and download of open data and the associated visualizations.

In an attempt to promote open data usage in India, ISB is organizing the first Open Data Conclave (ODC) on Sep 25, 2020 which would bring together various open data stakeholders in India – government, journalists, academia, researchers, citizens, industry and data enthusiasts.

Join the virtual conference experience at the Open Data Conclave and experience the keynotes, panel discussions, data quiz, live booths, industry talks and much more.

  • Day & Date: Friday, 25th September 2020
  • Time: 1000 to 1730 hrs IST
How to Register?

Click here to register.

Contact

Email: idp@isb.edu

LEX MACULA

We at Lex Macula are extremely grateful to host you for a webinar on the topic ‘Proportionality – Balancing the Scales of Justice’. The doctrine is widely applicable in many areas of law from criminal law to administrative law. The session would give the attendees a great appreciation for the different scope and application of the doctrine. Hon’ble Justice Mr Arjan Kumar Sikri is an eminent jurist and a former judge of the Supreme Court of India. He was sworn in as a Supreme Court judge on 12 April 2013. Earlier, he had served as the Chief Justice of the Punjab and Haryana High Court. He retired as senior-most puisne judge of Supreme Court of India on 6 March 2019.

EVENT DETAILS

Date and day- 25th September 2020

Timings- 5 PM to 6:45 PM

Medium- Via Video Conferencing (the details shall be sent via the confirmation email)

The link for the live session will be sent to all participants via email upon registration.

The participants may submit their questions for the panellist in the form below. The questions will be taken up by the moderator if time permits the same. Some questions may also be taken from the live chat during the event.

THERE IS NO REGISTRATION FEE FOR THIS EVENT.

All the registered participants will receive an E-Certificate of participation.

KINDLY ENSURE YOU FILL THE CORRECT NAME AND EMAIL ADDRESS TO RECEIVE THE E-CERTIFICATE.

For more information go to our website at lexmacula.org

Follow our social media handles at @lexmacula

For any queries contact us at info@lexmacula.org

TO REGISTER CLICK HERE.

About MediateGuru

MediateGuru is a social initiative led by members across the globe. The aim of the organization is to bridge the gap between general public and litigation. Here our organisation comes into the picture. We are creating a social awareness campaign for showcasing mediation as a future of alternative dispute resolution to provide ease to the judiciary as well as to the pockets of general litigants.

About the event

The future of mediation and dispute resolution professionals is online. Susan Guthrie,Attorney/Mediator and Online Mediation Expert, will be joining us to share somehighlights from her popular “Learn to Mediate Online™ ” training program. She will review some of the basics of conducting mediations via Zoom. 

About the Speaker  Ms. Susan E. Guthrie, Esq.

  • Susan Guthrie, nationally recognized as one of the Top Family Law and Mediation Attorneys in the United States, has been helping individuals and families navigate separation and divorce for 30 years .
  • Susan is also an internationally well-regarded expert in online mediation and has been training colleagues and other professionals in the practical and ethical considerations of conducting their mediations online with her innovative programs and webinars for more than two years.  
  • Susan founded Learn to Mediate Online™ in 2018 and now offers more than 7 programs for professionals all designed to help them to advance their skills and their practice to new heights.
  • Susan is an award-winning podcast host.  Having reached a podcast listening audience of almost 4 million in the past two years, Susan is the creator and host of the hit podcast, The Divorce and Bey 
  • Susan has been featured in and on media outlets such as CNBC, Market Watch, Forbes, Eye on Chicago, WGN, the ABA’s Just Resolutions Magazine, Thrive Global, The Nook Online among others .  ond Podcast with Susan Guthrie, Esq. 
  • As a leading dispute resolution professional, Susan is honored to serve on the Executive Council of the American Bar Association’s (ABA) Section of Dispute Resolution as the Membership Officer and to be a Co-Chair of the Mediation Committee and Annual Advanced Mediation Skills Institute.  

Kindly fill up the Registration form by clicking below ? 
https://bit.ly/3kry8T0 or visit us at www.mediateguru.com/events

Note: E-Certificate will be provided to participants who will fill the attendance form at the end of the session

Date and Timings The Webinar will be conducted on 26th September, 2020 .7:00 PM Indian Standard Time2.30 PM British Summer Time8:30 AM Central Time

Registration Fees: Kindly note there is no registration fee for the webinar.

Contact info:For any query mail us:admin@mediateguru.com

Event Coordinator: Ms. Garima Rana+91 8800 474 226

ABOUT THE ORGANISATION

Vakeel Sahab Pro is an online Indian legal Portal founded in the year 2020, envisioned to empower the Lawyer’s creed. Law is like an ocean the deeper you go, the more you realise its depth. We aim to enhance your legal knowledge and skills not only by providing a learning platform but to make use of law in forming your opinions and raising your arguments.

Our startup strives to bring innovative legal events and programs for participants who are willing to stand apart from the crowd and realise their potential in uncommon ways. Being part of the legal world is about adding value to your personality and professional development. We always try to achieve what is fruitful for your Curriculum Vitae as well as self fulfillment. The usual bars to learning surrounded by orthodox methods leave no space for growth. Thus our mission should be to break the four walls of customary learning and think out of the box ways to advance our growth.

ABOUT THE INTERNSHIP

Vakeel Sahab Pro is organizing “ 1st Online Internship ” in which we are looking for passionate students who want to work in the field of law, the interns shall be given exposure to various subjects dealing with Indian Constitution, I.P.C, Contract, etc. and Internship work would be compromises of many fields and we will ask your preference also in which field you want to work.

The details of the work shall be communicated to the interns once they join the WhatsApp group.  

YOU WILL GET WHATSGROUP GROUP INVITATION LINK AFTER APPLYING ITSELF IN THE GROUP AT LAST.

# No fees

NUMBER OF INTERNS REQUIRED

No limit

ELIGIBILITY

Students who are pursuing a bachelor’s degree or a master’s degree in the field of law.(3 year or 5 year)

Students who know English or Hindi only can apply.

STIPEND

Unpaid

DURATION

Vakeel Sahab Pro is organising only ONE MONTH INTERNSHIP, (4 weeks) from 25th September, 2020 – 25th October, 2020.

PERKS

Certificate of Internship after completion of one month Internship.

Recommendation Letter only to the best performers.

Opportunity to join Vakeel Sahab Pro team.

HOW TO APPLY?

Students from all over the world can apply by sharing their details on this form – APPLY HERE or https://docs.google.com/forms/d/e/1FAIpQLSfaCMPMV-flY_aX8wVS1T8GTYM1Irb0SWNJh_oH-jT4o7q8oA/viewform?usp=sf_link

IMPORTANT NOTE: after submitting the details you will get a whatsapp group link in the last of form so join it because all the work you will get to know on whatsapp.

CONTACT DETAILS

vakeelsahabpro@gmail.com

+91 8112457884 (Only WhatsApp)

OFFICIAL LINK – https://www.vakeelsahabpro.online/2020/09/1st-online-internship-vakeel-sahab-pro.html

OFFICIAL WEBSITE WWW.VAKEELSAHABPRO.ONLINE

THANK YOU

This article has been written by Niti Shah. Picture credits to socialnews.xyz

Facts of the Case

December 16, 2017, will always be remembered because of the gang-rape of a  paramedical student. She wanted to become a physiotherapist. The incident she went through had triggered nationwide protests which also led to the foundation of new laws on crimes against women. On December 16, 2012, the 23-year-old, who is known as Nirbhaya, was gang-raped by six men on a moving bus. She was assaulted with an iron rod and her intestines were pulled out, the doctors had said she died at a hospital in Singapore 13 days later. Of the six rapists, one was a juvenile who was sentenced for 3 years at a probation home.Among all of them the prime accuse was Ram Singh,who was found hanging in his cell at Delhi’s Tihar jail 3 months after his arrest. The other four convicts were sentenced to death on September 13, 2013,  by the Delhi High Court. The sentence was upheld by the Supreme Court in May 2017. The review petition of the convicts will be heard by the Supreme Court in January. This incident had gathered so much attention that it was covered by international media and was condemned by the United Nations Entity for Gender Equality and the Empowerment of Women, who were called on by the Government of India and the Government of Delhi “to do everything in their power to take up radical reforms, ensure justice and reach out with public services and to make sure women’s lives are much more safe and secure”. Public protests took place in Delhi on a very large scale where many thousands of protesters gathered together and clashed with security forces. Similar protests took place throughout the country.

Changes in the Legal System

The Criminal Law (Amendment) Act, 2013 which is named after Nirbhaya, the gang rape victim and it is  called as the Nirbhaya Act which is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of the Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offenses. The Bill has received Presidential approval on 2 April 2013 and it came into force from 3 April 2013. It was originally an Ordinance communicated by the President of India, Pranab Mukherjee, on 3 April 2013, in light of the nation wide protest in the 2012 Delhi gang-rape case. While the apex court upheld the death penalty to the convicts in the brutal rape and murder case of Nirbhaya.

What is Nirbhaya Fund?

The Nirbhaya Fund was created to be utilized for projects specifically designed to improve the safety and security of women in public places. The fund was established in 2013 but it gathered pace only in 2015. The key schemes under which the states have been allocated money which included Emergency response support system, Central victim compensation fund, Cybercrime prevention against women and children, Mahila police volunteers, and Universalization of helpline number.

What is Nirbhaya Act?

  • It amended and inserted new sections within the IPC about various sexual offenses. New offenses like acid attack, harassment, stalking are incorporated into the IPC.
  • It expands the definition of rape to incorporate many different ways that amount to rape.
  • The new amendment defines ‘consent’, to mean an unequivocal agreement to interact during a particular sexual act; clarifying further, that the absence of resistance won’t imply consent.
  • One of the foremost notable omissions of the Act is its failure to criminalize marital rape. It’s an exception to section 375, as long as the wife isn’t less than 15 years aged.

Amendments in Law

After the horrific Nirbhaya incident, many issues came under the lens and various amendments were brought out in the Criminal laws of India in the year 2013. The Criminal Law Amendment Act of 2013 came into the picture which is popularly called Nirbhaya Act. This Act made substantive changes in the definition of ‘rape’ under the Indian Penal Code, 1860 (“IPC”), wherein section 375 was widened to include acts other than forcible penetration or sexual intercourse. Further, several amendments were made in the IPC, including:

  • Section 166A was added for punishing public servants who refuse to record an FIR in cases of specified crimes against women including rape.
  • A new provision was incorporated under section 166B punishing those in charge of a public or private hospital for refusal to provide free medical treatment for victims of rape
  • the scope of section 376(2) was expanded to include rape committed by a member of armed forces deployed in an area by the Central or a State Government in such area
  •  separate section i.e. 376D for the offenses of gang rape with higher punishment was added.
  • The other statutes including the Code of Criminal Procedure, 1973 (CrPC), and the Evidence Act, 1872 were also amended to bring them in consonance with the punishments.
  • In CrPC, section 154(1) that provided for recording of an FIR was amended to include that in certain offenses against women (including rape), the FIR has to be recorded by a police officer, at her residence or a place of her choice
  •  Section 164 (5A) was added in the CrPC which made it mandatory for the Judicial Magistrate to record the statement of the victim, as soon as the commission of the offense was brought to the notice of the police. Further, an explanation was added to section 197(1) of the CrPC which provides the prosecution of judges and public servants.

Effects on the Judicial System

As the memories of the Nirbhaya case waned from the minds of people, the nation mourned yet another rape victim when another horrific incident from Hyderabad came to light in 2019, where a 27-year old veterinary doctor was brutally gang-raped and thereafter burnt alive. The incident elicited outrage amongst the people demanding speedy justice unlike Nirbhaya, where the case was being held up in court for 7 years. Many demonstrations were organized across the country demanding justice. In the meantime, in a follow-up incident in the Hyderabad case, news erupted that the four suspects in the case were killed by the Hyderabad Police in an encounter in the police custody. Expectedly, the said act of police was celebrated by the people of India. Though the speedy justice delivered to the victim by way of such encounter was hailed all over the nation including the victim’s family, the family still claimed that police could have been more vigilant and responsive when the father of the victim had approached them on the same day around 11 p.m. but the police officials allegedly wasted time on the applicability of jurisdiction in ascertaining the concerned police station and in delaying the investigation on the unfounded process. However, it is pertinent to note that taking law and order in our hands without a fair trial to the accused is truly no solution at all. Though for a limited frame of time, we may celebrate the so-called speedy ‘justice’ to justify the act, the question remains – how does the police differentiate between a suspect and a convict? It is important to understand and appreciate the primary principle of criminal law is that every man is presumed innocent until proven guilty. The pressure by the public for speedy justice may lead to unfair ways of punishing the suspects. Justice cannot be meted out just to please the public at large, it has to go with the touchstone of a fair trial.

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