October 2020 - Page 7 of 15

This article has been written by Nikhat Chaudhary pursuing Law from Rizvi Law College

Case Number

Criminal Appeal No. 3 of 1962

Equivalent Citations

1964 AIR 205, 1964 SCR (4) 199

Bench

Ayyangar, N. Rajagopala

Decided On

31/07/1963

Relevant Act/ Section

S. 99, 103, 304A of the Indian Penal Code.

Section 99 – Acts against which there is no right of private defense.

Section 103 – When the right of private defense of property extends to causing death.

Section 304A – Causing death by negligence

Brief Facts and Procedural History

The appellant was charged under s. 304-A of Indian Penal Code for causing the death of a woman. The deceased was residing near the house of the accused. The wall of the latrine of the house of the deceased had fallen about a week before the day of occurrence and so the deceased along with others started using the latrine of the accused. The accused protested against their coming there. The oral warnings, however, proved ineffective and so he fixed up a naked copper wire across the passage leading up to his latrine and that wire carries current from the electrical wiring of his home to which it was connected. On the day of the occurrence, the deceased went to the latrine of the appellant and there she touched the aforesaid fixed wire as a result of which she died soon after. The trial and the appellate court convicted and sentenced the appellant under S. 304A of the Indian Penal Code. Hence this appeal.

Issues Before the Court

The accused had the right to private defense of property which is set out in s. 97 of the Indian Penal Code
The deceased was a trespasser and there was no duty owed by an occupier like the accused towards the trespasser and therefore the latter would have had no cause of action for damages for the injury inflicted and that if the act of the accused was not a tort, it could not also be a crime.

Ratio of the Case

The Judges decided that the right of private defense of property which is set out in section 97 of the Indian Penal Code is, as that section itself provides, subject to the provisions of section 99 of the Code. The type of injury caused by the trap laid by the accused cannot be brought within the scope of section 99, nor of course of section 103 of the Code, and when it comes to a trespasser, a trespasser is not an outlaw, a Caput lupine. The mere fact that the person entering a land is a trespasser does not entitle the owner or occupier to inflict on him personal injury by direct violence and the same principle would govern the infliction of injury by indirectly doing something on the land the effect of which he must know was likely to cause serious injury to the trespasser. It is, no doubt true that the trespasser enters the property at his own risk and the occupier owes no duty to take any reasonable care for his protection, but at the same time, the occupier is not entitled to do willfully acts such as set a trap or set a naked live wire with the deliberate intention of causing harm to trespassers or in reckless disregard of the presence of the trespassers. The position as to the obligation of occupiers towards trespassers has been neatly summarized by the Law Reform Committee of the United Kingdom in the following words:

“The trespasser enters entirely at his own risk, but the occupier must not set traps designed to do him bodily harm or to do any act calculated to do bodily harm to the trespasser whom he knows to be or who to his knowledge is likely to be on his premises. For example, he must not set man-traps or spring guns”.

On these grounds the appeal stands dismissed.

Decision of the Court

APPEAL DISMISSED

This article is written by Gaurav Purohit, a 3rd Year BBA LL.B student of Amity University, Rajasthan.

False Imprisonment

The term False signifies wrong and Imprisonment signifies confinement or detention, so false imprisonment is the confinement of an individual with no legitimate justification. It is the complete restriction of liberty and freedom of an individual and it also violates the fundamental rights of an individual. In this act, the defendant deprives the personal liberty of the plaintiff and imposes his authority on him. False Imprisonment doesn’t require any burden of proof and it is actionable per se. The Acct of False Imprisonment is done with the intent of malice and for the fulfilment of a specific objective.

Unlawful detainment It is the biggest reason which gives rise to False Imprisonment. If the plaintiff would be able to prove that false imprisonment was done by the defendant without any lawful justification or sufficient jurisdiction then he would be held liable. There should be a complete restriction on the liberty or freedom of an individual against his will.

As indicated by Winfield, False Imprisonment is the infliction of the bodily restraint which isn’t explicitly or impliedly approved by law.

Essential Elements of False Imprisonment

Term of Confinement

To decide the seriousness of confinement and how much compensation is to be granted for damages or injury sustained, one must look at the term of imprisonment. Indeed, even detainment which is recognized by law is extended beyond a reasonable time will be declared unlawful. If the arrested individual will not be produced before a magistrate within 24 hours of his arrest then the police are held liable for Wrongful Confinement.

Intention

The Tort of False Imprisonment is done with an aim or intention to wrongfully confine an individual for a particular reason. An intention to be malicious in the case of False Imprisonment is not required or needed. Even the False Imprisonment has been committed through omission of an act then also the person who omitted such an act would still be held liable.

Place of Confinement

Any place which is being used for confining an individual for a short or long period then it will amount to False Imprisonment as the confined person will be deprived of his liberty or freedom.

Knowledge of Plaintiff

The knowledge of the Confinement by the plaintiff does not matter in cases of the restriction imposed by the defendant which completely deprived him of his liberty or freedom.

Defenses for False Imprisonment

Consent

Consent of the plaintiff is considered as the greatest protection which is available against the tort of false imprisonment. As per law, an individual can’t wave away their fundamental rights. Giving consent to unlawful detention or false imprisonment deprives the personal freedom and liberty of an individual. So an individual cannot seek redressal for an act for which he has given consent. Consent can be expressed or implied but it must be free from fraud, coercion, etc.

Volenti non-fit injuria

The maxim Volenti Non-fit Injuria implies voluntarily taking of risk. An individual who looks to restrict his freedom while acting as per the Defendant and consents to enter a premise or place that may result in his deprivation of rights and damage to him.

Lawful Manner

The defendant should act with the due method of law and should confine an individual with a warrant as that act can be justified according to the law without a warrant.

Probable Cause

Probable cause is another guard available to a defendant. It depends on current facts and conditions of the case to look at if the act did was of necessity or not. If the defendant proves probable cause for his action the false imprisonment will not arise. If confinement is done to support law then the defendant must give a prior Justification of his act

Valid Arrest

No liability of the Wrong Imprisonment will occur if any detention is made under principles of the valid arrest.

Merchant’s Advantage

A retailer can legitimately confine an individual whenever suspected of shoplifting. The act of shoplifting must be seen by the owner. The duration of confinement will be reasonable until the police authorities arrive. Such confinement must be accomplished with the end goal of investigation.

Restriction of minor

A minor can be restricted by his guardian if that doesn’t incur damage to the kids. Some other individuals can also detain but only if he or she has taken prior permission from the children’s guardian.

Remedies for False Imprisonment

Actions for Damages Sustained

Unlawful confinement cause damages to the plaintiff. Mental agony, physical distress, loss of time and earning, The gravity of such damages is to be estimated by the court.

Nominal and Compensatory Damages

Nominal Damages are the reward that is being granted to the plaintiff if he has been confined unlawfully. Simple unlawful confinement is adequate ground according to law to allow nominal damages to the plaintiff.

Punitive, Exemplary, and Aggravated Damages

If Imprisonment is planned with a malicious intention to continuously, oppressively, carelessly inflict injury to the plaintiff, punitive or exemplary damages is granted to the plaintiff. The indiscriminate conduct of the defendant is also a ground for awarding punitive and exemplary damages.

Habeas Corpus

Habeas corpus is a type of writ gave by the court. High court under article 32 and High court under article 226 issue the writ of habeas corpus. The essential significance of the expression habeas corpus is to bring the body or present the body in the court of the law. Utilization of this can be introduced by the plaintiff or by some other individual for his benefit that he is unlawfully confined.

Self Help

The primary guideline of criminal law is self-help. Each individual has the right to protect himself from any type of outside danger or apprehension of danger and unavoidable threat.

Right to Arrest

The right to Arrest is the right given to specific people who are directed by the law.

A Private individual could be arrested without the warrant of arrest on the following grounds

an individual has committed or is suspected to commit a lawful offense

an individual is committing or going to commit an act that will result in a breach of interest of the public.

In the case of a police officer, an arrest without a warrant is done on the conditions:

If an individual is suspected to commit a crime

If he bound to follow the specific rule or stature

If there are chances of disturbance of public welfare and peace

Cases of False Imprisonment

Bird v. Jones

In the case, the Defendant utilized a public footway to set up seats for the spectators of the boat race. Plaintiff accepting his right to utilize that footway climbed the fencing. He was prevented by the defendant and two different gatekeepers to go toward that path however he was permitted to go the other direction. Plaintiff filed the suit for false imprisonment. It was held by the Court of Law that there was no imprisonment.

Bhim Singh, Mla V.s State of Jammu and Kashmir

In the case, Shri Bhim Singh a member of the legislative assembly was suspended on the first day of the budget session. He challenged the suspension in the high court which was on stay. The following day he was captured by the police and all the possible efforts made to know his whereabouts ended up being pointless. His wife for his benefit issued an application of writ habeas corpus in the high court to produce Bhim Singh in the court. The application was permissible in court and it was held that the confinement was unlawful and set the plaintiff free from the unlawful detainment.

Malicious Prosecution

Malicious Prosecution is considered as the malicious institution of unsuccessful criminal or bankruptcy or liquidation procedures against another without reasonable justification. This Tort balances competing standards, to be a specific opportunity that each individual ought to have in bringing the criminals to justice and the requirement for restraining false accusations against the innocent persons. It is an abuse of process of the court of law by wrongfully setting the law in motion on a criminal charge. The establishment lies in the triangular abuse of the process of the court by wrongfully setting the law in motion and it is designed to encourage the perversion of the machinery of justice for proper reason and it also provides redress for those persons who are prosecuted without cause with malice. To be successful the party who files the suit must prove that there was a prosecution without just and reasonable reason and it was initiated by malice and the case was resolved in the favor of the plaintiff. It is necessary to prove that the damage was suffered by the plaintiff due to the result of the prosecution.

Essential Elements of Malicious Prosecution

Institution or Continuation of Legal procedures

The Prosecution must be started by the defendant. The word prosecution signifies a procedure in the courtroom accusing an individual of a particular crime. To prosecute is to set the law in motion and law must be set in motion only by the way of an appeal to some person in clothed. The person who is to be sued is the person who has actively instrumental in putting the law in Force. The prosecution could begin when the process was issued and there could be no action when a magistrate dismisses a complaint under Section 203 of Criminal procedure Code 1973. Or the Prosecution could begin as soon as when the charge was made before the court and before the process was issued to the Accused.

2. Termination of the Prosecution in the favor of the Plaintiff

The Plaintiff must prove that the prosecution was ended in his favor. He has no right to sue before it is terminated by the court and while it is pending in the court. The Termination may be by an acquittal on the merits and findings of his innocence or maybe by the dismissal of the complaint for the technical defects or by non-prosecution. If he is convicted then he has no right to sue and he will not be allowed to prove his innocence and he cannot prove that he is wrongly convicted. Then his only remedy is to Appeal against the Conviction. And if the appeal results in the favor of the plaintiff then he can sue for malicious prosecution. There is no need for the plaintiff to prove his innocence as a separate issue.

3. Absence of Reasonable and Probable Cause

It is an honest belief in the guilt of the person who is accused which is based on full conviction and it is founded on reasonable grounds of the existence of circumstances which assuming them to be true would reasonably lead any ordinary man and cautious man in place of accuser would believe that person who is accused was probably of the crime which was imputed on him. As set down in Hicks v. Faulkner there must be:

i. An honest belief of the accuser in the guilt of the accused.

ii. Such belief should be based on an honest conviction of the presence of conditions which led the accuser

iii. Such belief which is based on some reasonable grounds as would lead any fairly cautious man in place of the defendant to believe so

iv. The conditions so accepted and relied on by the accuser must be on reasonable grounds.,. The plaintiff must show that there was no reasonable and probable justification for the prosecution of the case.

4. Malice

Malice for malicious prosecution implies having some other intention or motive apart from that of bringing an offender to justice. Spite and ill will a are adequate however not necessary conditions of malice. Anger and revenge can be proper motives if they are channelized into the Criminal Justice System. The absence of a goal and reasonable cause is not proof or evidence of malice. In Allen v. Flood, a general guideline was propounded that an act which is legal in itself doesn’t simply become unlawful due to the bad motives of the actor and some jurists also recommended that malicious prosecution was not an exception to this rule. The settled rule is that malice is the essence of the action for malicious prosecution and it must be proved to the plaintiff. The Burden of proof of the existence of malice is always on Plaintiff.

Evidence of Malice

There is a possibility that malice may be either at the starting of the prosecution or during the continued prosecution. The fact that Criminal prosecution which resulted in acquittal or discharge of the accused will not establish that the Defendant had acted with malice.

5. Damages

Plaintiff has to prove that he has suffered damages as a result of the prosecution complaint. Even if The proceeding terminates in favor of the plaintiff then also he may suffer damages as a result of the prosecution. The damages may or may not be monetary in nature. In Savile Vs Robert There can be 3 types of damages which can prove the action of malicious prosecution

1) The harm or damage to a man’s respect or fame as where the issue whereof he is accused is scandalous

2) The harm or damage is done to an individual as to where man is put to a danger of losing his life, limb, or liberty

3) The harm or damage to a man’s property as where is compelled to expend cash in important charges, to acquit himself of the offense of which he is accused.

The harm should be the reasonable and probable consequence of malicious prosecution and it should not be too remote In evaluating damages the court would need to consider:

1) The nature of the offense the plaintiff was charged with

2) The inconvenience of the plaintiff

3) Monetary Loss

4) The status and prosecution of the individual prosecute

Cases of Malicious Prosecution

In the Kamta Prasad v National Buildings Constructions Corporation Pvt Ltd. The official of the respondent corporation found certain articles missing while at the same time while he was preparing an inventory and checking the stock register. The plaintiff was prosecuted under sec. 403 of the I.P.C. in any case, was given the benefit of doubt and hence he was acquitted. Then he brought an action for malicious prosecution. However, he was unable to prove that he was harassed by the officers. There was held to be the sensible and probable reason for prosecution of the plaintiff and the fact that the plaintiff was not harassed shown that there was no malice and henceforth the charge was not held.

In Girija Prasad v Uma Shankar Pathak the plaintiff was an advocate who was practising at Panna in Madhya Pradesh . he was also a leader of Jan Sangh and had begun an agitation on the topic of food shortage in the city and one Jan Sangh worker had gone on a hunger strike. Girija Singh a sub-inspector was deputed outside the collect-orate to control the group that had gathered there to support the agitation. There were some shots of the bullet from the gun of the sub-inspector. He expressed that while he was fighting with some individual who was attacking him the pistol got fired mistakenly. Girija Singh had lodged an FIR expressing that he was attacked by some person. his watch grabbed and the plaintiff Uma Shankar Pathak was present at the scene and was inciting the group against him. The investigation of the court took place and the plaintiff got arrested and then released on bail after a few days. He was later acquitted. The Plaintiff sued 4 people for Malicious Prosecution, the sub-inspector Girija Prasad who had lodged the F.I.R., the S.H.O. of that territory who entertained the report, and two different people associated with the case.

It was found out by the M.P. High court that the report which was prepared by Girija Prasad was false and at that important time party was absent there however was appearing up in front of Justice Verma. Afterward, Girija Prasad was held liable for the Malicious Prosecution while others were acquitted of the charge and not held liable for the Malicious Prosecution.

CONCLUSION

It very well may be presumed that the term False Imprisonment is the unlawful confinement of the plaintiff in a restricted zone from where there is no means of escaping from that area or zone is available. An Act of False Imprisonment is always actionable per se. With the infringement of fundamental rights because of unlawful confinement and the brutal and inhuman treatment, it is essential for the laws relating to false imprisonment to be more solid and efficient, and effective.

Malicious prosecution is the abuse and abuse of procedure of court by wrongfully setting the law in motion on criminal charges. If an effort to disturb the proper functioning of the machinery of Justice. This tort is the need for restraining false accusations against an innocent person. Malice may be proved by unreasonable and improper conduct like getting up false evidence.

REFERENCES

https://blog.ipleaders.in/false-imprisionment/.
http://www.legalserviceindia.com/article/l337-Malicious-Prosecution-under-Law-of-Tort.html.
B.M. Gandhi, Law of Torts 165 (Eastern Book Company, Lucknow, 3^rd ed., 2006).
Ratanlal & Dhirajlal, the Law of Torts 331 (Wadhwa & Company, Nagpur, 25^th ed., 2006).
R.K. Bangia, The Law of Torts 209 (Allahabad Law Agency, Haryana, 23^rd ed., Reprint, 2014).

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INTRODUCTION

Recently, the Delhi High Court in the case of Deepti Kapoor vs. Kunal Julka[1] has held that the recording of the spouse’s telephonic conversation with some third party without her consent doesn’t make the tape recording inadmissible merely because of the illegal way of procuring it.

The issue of violation of right to privacy under the garb of procuring evidence has also been highlighted. However, the difficulty in procuring the evidence can’t be ignored. Ergo, it is imperative to refer the recent development in the light of the fundamental provisions of law qua the sanctity of evidence procured illegally and the right to privacy.

Evidence

Evidence is the backbone of every legal dispute. Without appreciating the evidence, it is almost impossible for any court or tribunal to adjudicate the matter fairly, especially in case of a disputed question of fact. The law pertaining to evidence is enshrined under the Indian Evidence Act, 1872 (“Evidence Act” for brevity) r/w civil and criminal procedures.

The Evidence Act, inter alia, categorizes the evidence into two forms i.e. Oral Evidence and Documentary Evidence[2]. Further the Documents can be proved either via Primary Evidence or Secondary Evidence[3]. However, the admissibility of the tape recording is a moot question here.

Considering the scope of the issue in hand, we will be dealing with the admissibility of the Tape Recording procured illegally in the light of the recent development of law.

Tape Recording

The Supreme Court in the case of R. M. Malkani vs. State of Maharashtra[4] held that the tape recording conversation is admissible provided it meets the following three-fold criteria

Relevance;
Voice identification; and
Proof of accuracy

Further, the Supreme Court in the case of Ziyauddin Burhanuddin Bukhari vs. Brijmohan Ramdass Mehra & Ors[5] has clarified that the tape recording conversation falls under the definition of Documents as defined under section 3 of the Evidence Act, provided it meets the aforesaid 3 fold test.

It is therefore clear that the tape recording is admissible subject to the aforesaid requirements of law. However, the issue becomes quite tricky when the tape recording is obtained by illegal means or via breaching the privacy of the opposite party. Would the illegal means defeat the evidence altogether or would it be having no bearing on the evidence? This question is no more res integra and extensively dealt in the recent judgment of Deepti Kapoor vs. Kunal Julka[6] which is briefly discussed herein.

Legality of the Tape Recording procured illegally

In the aforesaid case of Deepti Kapur, the High Court of Delhi had decided the legality of the tape recording of the wife’s telephonic conversation with some third party which was procured without her consent.

The case was filed under the Article 227 of the Constitution of India against the order of the family court, Delhi where the Ld. Family court chose not to refuse to take the CD on record having the wife’s telephonic conversation with some third party even where the consent of the wife was not provided. Moreover, the aggrieved party alleged that the same violates the Fundamental Right of privacy as clarified by the constitution bench of the Supreme Court in the case of Justice K. S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors.[7]

The High Court of Delhi extensively dealt with the jurisprudence pertaining to the legality of tape recording and covered the following issues pertaining to it.

Law of Evidence vis-a- vis Family Courts

As stated earlier that the law of evidence is enshrined under the Evidence Act. However, there are some special instances where the Evidence Act is not followed religiously. On these lines, the Family Courts are not bound by the Evidence Act[8]. The Family Courts are the creation of the Family Courts Act, 1984 wherein section 14 of the Act gives liberty to the Family Court to adopt liberal approach while appreciating the evidence and not to be strictly bound by the Evidence Act. Further, section 20 of the Family Courts Act gives the overriding effect to the provisions of the Act over any other provisions of law. In other words, section 20 states that if there is any contradiction between any provision of the Family Courts Act, 1984 with any other provisions of law, then the Family Courts Act will govern.

In addition to that, the Statement of Objects and Reasons of the Family Courts Act represents the relaxation rather than following the rigid rules of evidence which are otherwise being followed up religiously in the civil cases. This shows that the Family Courts are not bound by the Evidence Act and its complex procedure.

Evidence procured via illegal means

The issue is not new and has been dealt on various occasions by the High Courts and the Supreme Court. In the case of Pooran Mal vs. The Director of Inspection (Investigation), New Delhi & Ors.[9] the Supreme Court held that the evidence can’t be excluded merely on the ground that the same is procured via illegal search. Further, the Supreme Court in the case of Yashwant Sinha & Ors. vs. Central Bureau of Investigation through its Director & Anr.[10] had the occasion to decide the admissibility of the documents which were procured illegally. The Court relying upon the aforesaid case of Pooran Mal decided that the illegal way of obtaining evidence can’t negate the admissibility of the evidence per se.

The Court also pointed out the celebrated judgment of the Supreme Court which slightly goes against the aforesaid settled principle. The Court noted that the Apex Court in the case of State of Punjab vs. Baldev Singh[11] held that the “courts cannot allow admission of evidence against an accused where the court is satisfied that the evidence had been obtained by conduct of which the prosecution ought not to take advantage, particularly when that conduct causes prejudice to the accused”.

However, the High Court distinguished these two interpretations while placing reliance on section 14 of the Family Courts Act. It was held that since the Family Courts are not bound by the Evidence Act, therefore the relaxation could guide the family courts to appreciate such evidences.

Further, it is to worth to state herein that the case of Yashwant Sinha came after the pronouncement of the Baldev Singh case. Therefore the cardinal principle of the interpretation also favours the ratio of Yashwant Sinha’s case.

Tape Recording

While placing upon the various judgments, including the judgments of the R. M. Malkani vs. State of Maharashtra[12] and of the Ziyauddin Burhanuddin Bukhari vs. Brijmohan Ramdass Mehra & Ors[13]. the court held that the Tape Recordings are admissible in the court of law provided it follows the three-fold criteria. The said aspect has already been covered in the early part of this article and the same is not repeated herein for brevity.

Tape Recordings procured illegally

Following the jurisprudent of evidence procured illegally and the aspect of tape recording as evidence, the High Court held that even if the Tape Recording was procured via illegal means doesn’t make it inadmissible per se. Further, the Court held that the concerned court needs to appreciate the evidence in the light of rules of law and evidence and if the same meets the required threshold, then the same can be relied upon and the court can’t discard it merely on the basis that the evidence/ Tape Recording is obtained illegally even by where the right to privacy of the other is being defeated provided that the impugned evidence satisfies the required criteria.

Violation of Right to Privacy

The Court while noting that the Right to Privacy is a Fundamental Right, the Court held that the same is not sufficient to guide the court to disregard the evidence. However, the aggrieved party is duly entitled to proceed with the rights to initiate civil and criminal actions against the other one qua breach of privacy.

It is submitted that the Delhi High Court has left no room of doubt qua the legality of the tape recording procured via illegal means. However, the Court clarified that merely the admissibility doesn’t verify or prove the fact. In other words, admitting such evidence is nothing but merely placing the evidence in the records which further needs to appreciated by the concerned court regarding its relevancy and how far it can guide the court to adjudicate the matter.

The aforesaid judgment clarifies the fundamental issue of Tape recording in family disputes.The Court gives green signal to the admissibility of such evidences, while cautioning the courts while appreciating such evidences as the same are prone to get tampered and corrupted. It is not out of place to mention that the Law Commission in 1983 via its 94^th report[14] suggested for the inclusion of Chapter 10A titled ‘Evidence obtained illegally or improperly’ via section 166 A. The proposed section 166A, inter alia, states that in criminal cases the courts may refuse to admit the evidence where the court is of the opinion that nature of obtaining the evidence may cause disrepute to the administration of justice. However, till yet the same is not incorporated and the aforesaid judgments which came after the law commission report clarified the status quo.

Lastly, in the family disputes where it is not uncommon to witness that the parties often don’t refuse to test the lines to prove their cases. Therefore, the aforesaid development of law may encourage some of the litigants to procure evidences in one way or the other. Therefore, the task of the family courts to appreciate such evidences is now become more challenging than ever.

[1] CM(M) 40/2019 and CM APPL.No.1226/2019; decided on 30.06.2020 by the High Court of Delhi

[2] Section 3 of the Indian Evidence Act, 1872

[3] Ibid; Section 61

[4] (1973) 1 SCC 471

[5] (1976) 2 SCC 17

[6] Supra Note 01.

[7] (2017) 10 SCC 1; The Court held that the right to privacy is a Fundamental Right which falls under the ambit of Article 21 of the Constitution of India.

[8] See section 14 of the Family Courts Act, 1984

[9] (1974) 1 SCC 345

[10] (2019) 6 SCC 1

[11] (1999) 6 SCC 172

[12] Supra Note 04.

[13] Supra Note 05

[14] Law Commission of India, 94^th Report (1983) on Evidences obtained illegally or improperly; Proposed section 166A, Indian Evidence Act, 1872.
Available on http://lawcommissionofindia.nic.in/51-100/Report94.pdf

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Last date for registration: 16th October, 11:59 PM IST

Date of Webinar: 17th October, 6:00 PM IST and 18th October, 12:00 PM IST

Contact Information:

Feel free to write to us at spilmumbai[at]gmail.com

About the Organization

Legal Armor is a multi-dimensional legal website. They primarily work in Drafting Legal Contracts and Publishing. They tend to live by our name and provide a protective shield to the Legal Community by providing quality writing for both Students and Professionals.

About the Blog

The blog is our key aspect at the moment, currently, it has posts from a number of industry professionals, which revolve around the Legality of a case, the Current Legal Scenario, and Rights. The plan is to provide quality blogs for both Students and Professionals and be the link during the transition phase.

Themes:

All topics amidst the ambit of Legal Education and Profession are welcome.

Word Limit

Minimum: 600
Maximum: 800

How to Submit?

You may go to and fill the Google form to submit the blogs.

Important Dates

26th October 2020

Perks

Legal Armor will add a separate video, for each selected blog with the blog contents.

Submission Guidelines

Only Single Author is permitted to submit.
The work should not be plagiarized more than 10%, excessive plagiarism may lead to rejection.
All entries should be submitted in .doc or .docx format.
The write-up (in the same document) should be accompanied with the Author’s Name, designation/institute, E-mail Id and LinkedIn ID.
All references to other texts must be hyperlinked in the write-up itself, no other modes of Citation are allowed.
Copyright of all blog posts shall remain with Legal Armor; however, the moral Rights shall vest with the Author.
The language has to be politically neutral and not conflicting with the general guidelines.
The language should be civil and neutral and should not defame another person.
The Final discretion will be of Legal Armor.

Note 1: Publications shall be made within 30 days of acceptance of the write-up. The review committee may take between to 48-56 hours to accept or reject the write-up.

Note 2: Only on Selection and Posting of a minimum of 10 Blogs, the author shall be eligible for Certificate of Contribution.

Who shall apply?

Law students exploring their interests and trying to give an edge to their writing skills. Want to excel in their interpersonal skills like writing, communication.
1st and 2nd-year law shall apply as these are the opportunities that give them exposure.
All the law students trying to bring laurels to them.
Knowing and not knowing about the topic doesn’t matter if you are willing to work hard and research a lot about your topic.

Note: This is just a suggestion from Lexpeeps side to everyone reading as Lexpeeps not only talks but works. Creativity, Innovation, Enthusiasm, Connections, or whatever the work requires we use each and every tool to bring out the best, Visit us: http://lexpeeps.in/. It has been seen that in this hard time, students are panicking and doing everything and anything just to add on to their CV/Resume, even the things that are not going to add so much value to their CV’s.

Blogs published by Lexpeeps: For understanding purpose:

http://lexpeeps.in/category/our-blog/

For queries, you may click here.

Legal Armor’s website link is here.

About the Organization

Lovely Professional University is a private university situated in Phagwara, Punjab, India. The university was established in 2005 by Lovely International Trust, under The Lovely Professional University Act, 2005 and started operation in 2006.

About the Event

Student Organization “Democrats” under the aegis of Division of Students Welfare, Lovely Professional University is organizing E-Legal Festival Edition.

Activity: Open Moot Court

Event Details: Open Moot Court is aimed on testing Argumentation Skills on an open given theme of Gender Laws in India.

Date of Event: 27th October 2020 to 29th October 2020

Register here: https://docs.google.com/forms/d/e/1FAIpQLSeie4Ru3y-Ca 78mVhPjMvq5kLnjUMbN5WJg_aDo2bnhdWSwA/viewform

Registration Fee: Rs. 100/- Individual & Rs. 150/- Team (2 members)

Note: Registration is Open for Limited slots, First Come Basis.

Who shall apply?

Students willing to start their mooting, beginners want to get some experience.
All the law students trying to bring laurels to them.
Knowing and not knowing about the topic doesn’t matter if you are willing to work hard and research a lot about your topic.

Note: This is just a suggestion from Lexpeeps side to everyone reading as Lexpeeps not only talks but works. Creativity, Innovation, Enthusiasm, Connections, or whatever the work requires we use each and every tool to bring out the best, Visit us: http://lexpeeps.in/. It has been seen that in this hard time, students are panicking and doing everything and anything just to add on to their CV/Resume, even the things that are not going to add so much value to their CV’s.

Prizes

Amazing Goodies for Winners
E-Participation Certificates to all the Participants.

Contact Information

Sanjay Bafna: +91-8003966375

Ujjwal Mishra: +91-8299849980

For the E-Legal Festival Edition Activity Brochure, click here.

This article is written by Aanchal Rawat, a Second Year student of R N Patel Ipcowala School of Law and Justice.

INTRODUCTION

Directive principles are those principles which the state takes into consideration while making laws.

In India, these principles are mentioned in the Indian Constitution under Part -4 from article 36 to article 51.these principles are borrowed from the Irish Constitution. There are 15 principles.

History of Directive Principles

In 1945, the Sapru Committee suggested that there should be two types of individual’s rights.

Justiciable Rights
Non-Justiciable Rights

Justiciable rights are those rights which are legally enforceable by a court and Non-Justiciable Rights are those rights which are non – enforceable by a court.

Fundamental rights are justiciable rights and Directive principles are non-Justiciable rights.

Directive Principles are taken into consideration by the state when it formulates policies or enacting laws.

Definition

In Government of India Act, 1935, the Directive principles are defined as,

“Instrument of Instructions”.

Classification of Directive Principles

The directive principles can be classified into 3 groups:

Social and Economic Charter
Social Security Charter
Community Welfare Charter

Social and Economic Charter

Article 38:

The welfare of the people should be promoted by the State which is to be done by maintaining Social order through justice.

The justice should be social, economic and political.

The state should try to minimise inequalities in income, status, facilities and opportunities.

Article 39:

The State shall direct its policy towards the following:

Sufficient means of livelihood for all its citizens.
Material resources should be distributed in such a way among the community that it is for common good.
Equal pay for equal work for everyone
Due to economic necessity, no one should do the work unsuited to them
Opportunities and facilities should be given to children so that they can live a healthy life and also can live with dignity.

Social Security Charter

Article 41:

The state shall make sure that that the people are given employment, education, and public assistance if they are unemployed, are old or are sick and disable.

Article 42:

Just and Humane conditions should be made for workers and maternity relief should be provided to pregnant females.

Article 43:

All the workers irrespective of their working sector should be able to have a living wage. So that they can have a decent standard of living and can enjoy social and cultural opportunities.

Article 43-A:

The workers should participate in the management of the industry irrespective of the nature of the industry.

Article 45:

Compulsory education should be provided to children until the age of 14 years.

Article 46:

Promotion of education and economic interests among weaker sections. Protection of weaker sections from social injustice and exploitation.

Article 47:

Prohibition on the consumption of drinks which are injurious to health.

Community Welfare Charter

Article 40:

Organising village panchayats and endowing them powers so that they can function as units of self-government.

Article 44:

Uniform civil code for citizens throughout the nation.

Article 48:

Organising agriculture and animal husbandry with the help of modern and scientific lines. Prohibition on the slaughter of cows, calves and other milch cattle. Improvement of animal breeds.

Article 48-A:

Protecting and improving the environment and safeguarding forests and wildlife.

Article 49:

Protection of monuments, places and objects of the artistic and historic event which are declared is of national importance.

Article 50:

Judiciary should be separate from the executive.

Article 51:

The State shall make sure to achieve the following things:

International peace and security
Just and Honorable relations are maintained.
Settlement of international disputes by arbitration.

To achieve these things the state should promote and encourage them.

The Relation between Directive Principles and Fundamental Rights

Fundamental rights and Directive principles are mentioned in Part 3 and Part 4 of the Indian constitution respectively. Both of them are important for the governance of the nation. They both set out state duty and action.

While fundamental rights tell not to interfere with an individual’s rights and liberty arbitrarily, Directive principles tell how the state should take positive action.

Both of them talks about welfare. While Fundamental rights talk about an individual’s welfare, Directive principles talk about the welfare of people as a whole.

Fundamental rights are enforceable in court but Directive principles are not enforceable. But both of them are important for establishing an egalitarian state.

Difference between Directive Principles and Fundamental Rights

Fundamental rights are those basic rights which an individual needs to live while Directive principles are those principles which the state takes into consideration while framing laws.
Political democracy is established with the help of Fundamental Rights and Social and Economic democracy is established with the help of Directive principles.
Violation of fundamental rights is punishable but the violation of directive principles is not punishable.
Fundamental rights are suspended during an emergency but directive principles cannot be suspended during any circumstances.
Fundamental rights are negative rights and directive principles are positive rights.

Amendments in Directive principles

For amending Directive principles, Constitutional amendment should be made. It should be approved by the special majority in both the houses of parliament.

It has been amended many times. In 1976, Directive principles were amended for the first time. It is known as the 42nd Constitutional amendment, 1976. There were 4 changes in it.

Article 39 was amended.
Article 39 –A was added.
Parliament came up with the Legal Services Authorities Act, 1987
Article 48-A was added.

In 1978, Article 38 clause (2) was added (44th Constitutional Amendment, 1978).

In 1992, Panchayats were brought in Part IX of Indian constitution had its origin from Article 40 of the Constitution (Constitutional Amendment, 1992).

In 2002, Article 21-A was added in the Indian Constitution. The origin of this amendment came from Article 41(86th Constitutional Amendment, 2002).

In 2011, Article 43-B was added in Indian Constitution (97th Constitutional Amendment, 2011).

Conclusion

Directive principles are an important part of the Indian Constitution. Though they are not enforceable and are non-Justiciable the State still considers them while making laws. Because these principles help in the governance of the State. Some of the origins of the fundamental rights are from Directive principles such as article 21-A : Free and compulsory education whose origin can be seen in Article 41which talks about the right to work, education and public assistance in certain cases.

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About the Magazine

The Student Research Development Council [SRDC] ADR Magazine is a quarterly publication which invites submissions from experts, working professionals, academics and students in the field of Alternate Dispute Resolution.

The ADR Student Research Group launched its first edition of the ADR Magazine in May, 2020. This flagship publication of the ADR SRG witnessed several articles pertaining to the recent developments, judicial decisions and practices of ADR in Indian and several foreign jurisdictions.

The second issue of the Magazine witnessed articles written by leading practitioners well versed in the field of ADR. An additional highlight of the issue is the interview given by Mr. Sitesh Mukherjee, a former Dispute Resolution head and Partner at Trilegal, who recently began his independent practice.

The SRG collaborated with several experts and practitioners in the field of ADR who supervised the process of the publication, thereby adding to the scholastic appeal of the Magazine.

Topics

Authors may make submissions on topics pertaining to any one of the following:

Domestic Arbitration
International Commercial Arbitration
Investment Arbitration
Negotiation
Mediation
Conciliation

Please note that the above list is not exhaustive and authors are free to write on issues falling broadly within the field of Alternative Dispute Resolution.

The magazine permits Articles, Case Comments, Legislative Comments and Book Reviews falling within the scope of Alternative Dispute Resolution.

Submission & Formatting Guidelines

Co-Authorship: Co-authorship is permissible only up to a maximum of two authors.
Word Limit: 2000-2500 words (exclusive of citations).
Body: The body of the manuscript should be in Garamond, Font Size 12 and line spacing 1.5.
Footnotes: The footnotes should be in Garamond, Font Size 10 and line spacing 1.
The citations must conform to the OSCOLA style of citations, 4th edition.
No hyperlinks are allowed.
The piece should not contain any reference to the author, including their names and institutional affiliations.
Any failure to adhere to submission guidelines may result in rejection of the submission.

Cover Letter

The submission should be accompanied by a Cover Letter, within the manuscript attached and must contain the following details:

Name of the Author(s)
Contact Details: Address and Mobile Number
Name and Address of the Institution of the Author(s)
Academic Qualifications (year of studying)/Affiliations of the Author(s)
Title of the Manuscript

Mode of Submission

The Magazine accepts submissions on a rolling basis. Should the submission be made after the editorial process of an issue, the articles shall be considered for subsequent issues.
The submissions can be made via email to the SRDC ADR editorial team on the following email ID: srdcadr[at]gnlu.ac.in
The email should contain the manuscript in .doc or .docx format accompanied by the cover letter as per the aforementioned specification.
Authors are requested to submit their manuscripts before 11:59 PM on 10th November 2020. The submissions can be made via email to the SRDC ADR editorial team on the following email ID: srdcadr[at]gnlu.ac.in.

Copyright and Editorial Policy

Submissions made to the SRDC are on an exclusive basis.
The submissions must not have been previously published or submitted for publication elsewhere. The contribution presented to and accepted for publication along with the copyrights therein shall be the intellectual property of the SRDC and vests with it.
SRDC strives to promote originality and commits itself to strict requirements of integrity. Plagiarized works shall be ineligible for publication.
The author(s) are to cite their sources and acknowledge the sources for the content which is not original. SRDC ADR editorial team reserves its right to reject and/or discontinue further collaboration on non-fulfilment of the academic integrity criterion.

Contact Details

E-mail ID: srdc[at]gnlu.ac.in

Rahul Kanoujia: Editor-in-Chief: +918451084791

Raghav Bhargava, Senior Editor: +919838164641

Important Links

The link for the first and second issues are here and here, respectively.

An articles related to the topic published by lexpeeps: For understanding purpose.

Applicable Laws in International Commercial Arbitration

Parvaaz parindey, an attempt to take a leap into the sky of the unspoken. We are here to shed some light on the things that might be unsettling, but are of great essence to each one of us. There are so many things we are oblivious to, some unconsciously and some on purpose because they make us uncomfortable. But it is important that we join hands and raise our voice together, that we educate ourselves and others and become better members of the society. Parvaaz Parindey is an initiative of Asha Akanksha Foundation to put such issues, that have been ignored for centuries in a spotlight. We hope that through this initiative we can educate people and make them aware about the problems that no one is questioning!

Topic Guidelines

The topics must be related to the current affairs of national or international importance. The writers are advised to check the website before choosing their topic to avoid repetition as far as possible.

https://parvaaz-parindey.aafngo.org/

Eligibility

The following persons are eligible:

Undergraduate and postgraduate students.
Students pursuing PhD programme.
Advocates and other professionals.
Professors and Assistant/Associate Professors.

Submission Guidelines

Submissions must be original and free from any plagiarism. Any plagiarism shall not be allowed in any circumstances.
Submissions can be made in the form of articles, opinion, case comments on the aforementioned laws.
The title of any submission must be attractive and should not be more than 10 words.
The articles must be within the word limits of 700- 1500 words. The authors must keep their articles precise and concise to ensure reader friendliness. Authors are advised to make a compact summary in the initial paragraph.
Only Single Author is permitted to submit.
Should the article use any material as a reference, an appropriate link should be provided therefore in the main text itself.
The editorial team reserves the right to conduct a strict editorial review of submissions received and holds absolute discretion in determining whether to accept a submission or not. We will send an email receipt upon acceptance as soon as possible.
The language has to be politically neutral and not conflicting with the general guidelines.The language should be civil and neutral and should not defame another person.
Only on Selection and Posting Blogs, the author shall be eligible for Certificate of Contribution.
inviting blog posts from students, professionals and fellow citizens which will be published free of cost. Perks
- Due credit for articles.
- E-certificate of appreciation for writers
- Opportunity to spread legal awareness.
- Networking opportunities.
Submission ProcedureAll submissions are accepted on a rolling basis. The authors should email the MS Word file to aaf.parvaazparindey@gmail.com. Name, designation or institute, and contact number of the author(s) should be mentioned in the body of the email. Also, plagiarism report for the submission made should be attached in the mail. The subject of the email should be “Blog Post Submission”.They will respond regarding the selection of submitted content within 20 working days. If there is no response within that time, it means that the content could not be selected, and the authors are free to use it for any other purposes.
All correspondence and queries may be addressed to aaf.parvaazparindey@gmail.com