About Accenture:

Accenture is a leading global professional services company, providing a broad range of services in strategy and consulting, interactive, technology and operations, with digital capabilities across all of these services. We combine unmatched experience and specialized capabilities across more than 40 industries – powered by the world’s largest network of Advanced Technology and Intelligent Operations centers. With 514,000 people serving clients in more than 120 countries, Accenture brings continuous innovation to help clients improve their performance and create lasting value across their enterprises. Visit us at www.accenture.com

Qualifications

Job Summary: • Overall, this person would be responsible for end to end Commercial Alignment and Contract management for the Project/assigned portfolio • Facilitation of all the internal approvals for the commercial aspects of deal shaping like Pricing Structure, Contract Risk Profile, taxation, bank guarantees etc • Review payment terms & acceptance criteria. Attend pre-bid queries and meetings • Work closely with the legal team to ensure that all the terms and conditions are adequately negotiated before the sign up; and once finalized ensuring effective execution of the same. • Interface with the client engagement leads and senior managers along with internal functions like Finance, HR, controllership & Legal • Interface with commercial or contract directors on the client side • Post contract signature ownership and management of contract • Manage changes to the contract due to any changes that may have an impact on the contract e.g. Enhanced or reduced scope • Flex commercial levers – Manage client relationship • Pro-actively manage the risks and run the governance process if required • Manage documentation and facilitate all important communication with the government

Skills Required:

• Candidate should be from the Presales background and Contract Management experience would be preferred • The person should be adept in Managing the Contract & obligations in India (Large Contracts) Qualifications Required: Education: • MBA Finance / CA / Legal/Paralegal Background (Good academic pedigree) Work Experience: • Minimum 8-12 Years of experience either in sales or Presales/Client Relationship Management/Commercial/Contract mangement • Good amount of experience in Contract management/Bid Management/Presales Professional Development Skills: • Excellent communications skills (written, verbal, interpersonal) • Effective negotiation skills • Ability to develop requirements based on leadership input • Problem Solving and Conflict management • Excellent organizational and analytical skills • Strong self starter and ability to work effectively with minimal direction • Excellent attention to detail Accenture is an equal opportunities employer and welcomes applications from all sections of society and does not discriminate on grounds of race, religion or belief, ethnic or national origin, disability, age, citizenship, marital, domestic or civil partnership status, sexual orientation, gender identity, or any other basis as protected by applicable law”

Official Notification:

https://www.accenture.com/in-en/careers/jobdetails?id=55681_india_3&src=LINKEDINJP

How to Apply?

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About us:

JPMorgan Chase & Co., one of the oldest financial institutions, offers innovative financial solutions to millions of consumers, small businesses and many of the world’s most prominent corporate, institutional and government clients under the J.P. Morgan and Chase brands. Our history spans over 200 years and today we are a leader in investment banking, consumer and small business banking, commercial banking, financial transaction processing and asset management.

We recognize that our people are our strength and the diverse talents they bring to our global workforce are directly linked to our success. We are an equal opportunity employer and place a high value on diversity and inclusion at our company. We do not discriminate on the basis of any protected attribute, including race, religion, color, national origin, gender, sexual orientation, gender identity, gender expression, age, marital or veteran status, pregnancy or disability, or any other basis protected under applicable law. In accordance with applicable law, we make reasonable accommodations for applicants’ and employees’ religious practices and beliefs, as well as any mental health or physical disability needs.

About the team:

Our professionals in our Corporate Functions cover a diverse range of areas from finance and risk to human resources and marketing. Our corporate teams are an essential part of our company, ensuring that we’re setting our businesses, clients, customers and employees up for success.
With large, global operations, the Legal team tackles complex issues and helps shape the regulations that affect the businesses. The group is organized into practice groups that align with the lines of business and corporate staff areas, which encourages collaboration on legal, regulatory and business developments as they arise.

Legal Department Description

The Legal Department of JPMorgan Chase & Co is responsible for the provision of legal services to the Corporation and is organized by practice groups that generally align with the Corporation’s lines of business and corporate staff areas. This structure encourages legal teams and businesses and staff areas to discuss legal, regulatory and business developments effectively and in a timely manner.

Location and Reporting Lines

The position is in Mumbai, at J.P. Morgan’s Corporate Centre (“MCC”), reporting into the team lead for APAC Markets in the MCC who in turn is accountable to the APAC Regional Markets Practice Group (the “APAC Markets PG”).

Role and Responsibilities

The APAC Markets PG provides legal support to the APAC Markets businesses engaged in derivatives transactions across all asset classes, structured investments/financial products in the form of notes, warrants and certificates linked to multiple asset classes, cash equities, global investor services (prime brokerage and securities financing) as well as foreign exchange, commodities, futures, and derivatives clearing and intermediation. An APAC Markets Legal team has been formed in the MCC (‘Markets MCC team”) which is as an integral part of the APAC Markets PG, working closely and interacting with APAC Markets PG lawyers in Australia, Hong Kong, Japan and Singapore.

The successful candidate will be a member in the Markets MCC team (‘Markets MCC team member”) and will be responsible for:

· the Markets MCC team’s provision of legal transactional support to the APAC Markets businesses based on internal guidance and standard operating procedures, including:

o review and support of wholesale financial transactional documentation including credit, trading, TOBs, prime brokerage, derivatives and regulatory driven documentation;

o review of constitutional documents, to ensure that all the requisite corporate consents and capacity and authority requirements are in place prior to finalization of agreements and subsequent commencement of business or trading;

o providing support on global documentation or remediation projects;

o providing gap analysis and summary of transaction and client specific deviations in negotiated agreements from standardized templates or against playbooks and policy manuals to identify discrepancies, escalation mechanisms and managing remediation exercises;

o entering and managing data from standardized or negotiated agreements into internal systems and assisting in the maintenance of databases relating to firm-wide initiatives; and

o drafting, reviewing and finalizing documentation including notices, consents, MOUs, LOIs and RFPs, etc. in accordance with existing templates.Qualifications and Experience

· A minimum of 2-7 years PQE in professional practice and/or in in-house experience covering Markets related work in a comparable financial institution;

· Strong drafting, negotiation and legal analytical skills;

· Excellent communication skills (both verbal and written) with the ability to interact with senior business personnel and stakeholders in other functions;

· Self-directed and highly motivated attitude coupled with an ability to work collaboratively in a high performing team;

· Ability to interact and communicate effectively at a local, regional and global level and work in a cross-functional, cross-jurisdiction, team to achieve common goals;

· Competency in the use of technology, documentation management systems and shared databases will be viewed favorably;

· Ability to identify and escalate issues timely and appropriately;

· Comfortable working to metrics and data measurement systems; and

· Ability to work in a fast-paced environment and within tight deadlines.

Please note:

a. CONFLICTS OF INTEREST:

Qualifications: All candidates for roles in the Legal department must successfully complete a conflicts of interest clearance review prior to commencement of employment.

b. LICENSING:

Qualifications: JD or educational equivalent required. Attorney candidates must be in compliance with all relevant licensing requirements including the requirements of the jurisdiction where the role will be located prior to commencement of employment.

How to Apply?

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Case Number

Civil Appeal No. 1242 of 1968.

Equivalent Citations

(1971) 2 SCC 873, [1972] 1 SCR 1034, [1971] 82 ITR 680, (1972) 1 CTR 124

Bench

P. Jaganmohan Reddy and C.A. Vaidialingam, JJ.

Date of Judgement

October 11, 1971

Relevant Act/ Section

Indian Income-Tax Act, 1922 – Section 26A

Indian Partnership Act, 1932 – Sections 4, 14 and 18

Facts and Procedural History

In this case, the appellant was a firm made up of six partners. The firm was doing business since October 1, 1958, and the deed of partnership was signed on March 20, 1959. Thereafter, in August 1959, the firm got registered under the Indian Partnership Act of 1932. The firm applied to an Income Tax Officer (ITO) for registration under Section 26A of the Income Tax Act for the assessment year 1959-60. The registration was to be done in the name of M/s K.D. Kamath and Company. However, the ITO declined the application stating that the deed of the partnership was not genuine and thus, no partnership had been constituted. It further stated that the firm was a sole proprietorship of K.D. Kamath.

The appellant then appealed to the Appellate Assistant Commissioner (AAC), who sustained the order of the ITO. The appellant then further appealed to the Income-tax Appellate Tribunal. The Appellate Tribunal held that the two essentials of partnership – an agreement between the partners to share profits and losses, and the partners acting as agents – were fulfilled in this case. It was mentioned in the partnership deed that the partners will be sharing all profits and losses, and the other partners could act as the agents of the firm when authorized by K.D. Kamath. Thus, the partnership deed was held to be genuine and the ITO was directed to register the firm.

The matter was then referred to the High Court by the Tribunal. The High Court was of the view that the first condition essential for a partnership was satisfied in this case, as there was an agreement between the parties to share their profits and losses. It then focussed on the second essential, i.e., whether the partners are acting as agents or not. It observed that since the complete control of the business was with K.D. Kamath, the first partner, and all the other partners did not have the power to act as agents of the other, so the second essential element, i.e., the agency was absent here. Thus, the firm could not be granted registration.

The appellant then filed an appeal in the Supreme Court against this decision of the High Court.

Issue Before the Court

The main issue, in this case, was whether the firm, M/s K. D. Kamath & Co., can be registered under Section 26A of the Income Tax Act for the assessment year 1959-60.

The ratio of the Case

In some cases, the High Courts had given the following essentials of a partnership:-

The existence of an agreement between the partners for the sharing of all profits and losses incurred in the business of the firm.
Each of the partners must be able to act as an agent of all.

However, the Supreme Court stated that as per Section 4 of the Indian Partnership Act, the second essential is as follows – the business of the firm should be conducted by all the partners or by any of the partners acting on behalf of the others. Hence, the principle of “agency” is implied here.

In this case, though the authority to conduct and run the business is vested in the first partner, K. D. Kamath, he is acting for all the other partners. Also, it was mentioned in the deed that the business of the firm was to be done for the common interests of all. Moreover, it is given in Section 11 of the Partnership Act that the parties can form agreements to ascertain their rights and duties.

Thus, the second requirement is fulfilled. And since there was already an agreement for the sharing of profits and losses, both the prerequisites of a partnership are satisfied here.

Decision of the Court

The Court held that all the essentials of the partnership were satisfied and the decision of the High Court that the appellant cannot be granted registration was not sustained. Thus, the firm was held to be eligible for registration under the Income-tax Act for the assessment year 1959-60.

This case analysis is written by Muskan Harlalka, a second-year BA LLB (Hons.) student at the School of Law, Mody University of Science and Technology, Lakshmangarh, Rajasthan.

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Introduction:-

Fashion surrogacy means, where women who feel their figure would be disturbed if they carry a baby and thus opt for surrogacy. Fashion surrogacy is a statement made by Sushma Swaraj. She said that surrogacy is now becoming a fashion. This procedure is carried out when a mother’s egg is extracted and fertilized with the father’s sperm. The fertilized egg is subsequently implanted in the uterus of the Surrogate Mother, who is responsible for carrying the child to term.

Surrogacy Bill of 2019:-

The Surrogacy (Regulation) Bill 2019 was introduced in the Lok Sabha with the goal of making altruistic surrogacy more accessible in India. The government says that controlling surrogacy will stop the practice from becoming overly commercialized. Surrogacy has become commercialized, putting a lot of women from low-income backgrounds who lend their wombs in jeopardy.

Commercial surrogacy is illegal and punitive in India, Surrogacy for profit is when a surrogate mother is compensated to carry a child. Altruistic Surrogacy is the only type of surrogacy permitted in the country. Although the surrogate will not be paid, she may opt to do it out of goodwill for the couple. As a result, numerous relatives volunteer to be the child’s surrogate. Surrogacy is only available to Indian citizens under the bill. In India, foreigners and non-resident Indians are currently prohibited from finding surrogate mothers.

How is Surrogacy becoming a Fashion?

Sushma Swaraj, a Union Minister, criticized some celebrities for making surrogacy a trend and shauq (hobby). She claimed that some celebrities who already have children – both boys and girls – use surrogacy to have another child because they don’t want to put their wives through (labor) pain. She cited a number of celebrities who, despite having their own children, chose to have a surrogate child. Shah Rukh Khan, Amir Khan, and Tusshar Kapoor, all from Bollywood, are among the celebrities who have had children through surrogacy. I’m sorry to hear that what began as a necessary practice has turned into a passion. This isn’t something to be enjoyed, which is becoming a fashion these days.

Features of the Surrogacy (Regulation) Bill, 2019 :-

It mandates the establishment of surrogacy boards at both the national and state levels in order to ensure effective regulation.
It aims to make ethical altruistic surrogacy available to infertile Indian married couples aged 23-50 for the female and 26-55 for the male.
Surrogacy would be available only to Indian couples who have been legally married for at least 5 years.
Before proceeding with surrogacy, the couple must get a certificate of essentiality as well as a certificate of eligibility. It further states that intending parents should not, under any circumstances, abandon the child delivered through surrogacy.
The new born child is entitled to all of the same rights and advantages as a natural child.
The bill also aims to regulate surrogacy clinics’ operations. In order to perform surrogacy or associated treatments, all surrogacy clinics in the country must be registered with the proper authority.
Surrogate mothers are protected in numerous ways under the bill. One of them is long-term insurance coverage that covers not only the pregnancy but also the postpartum period.
It also states that when it comes to surrogacy, no sex selection is permitted.

What are the issues related to the Surrogacy (Regulation) Bill 2019?

Surrogacy is currently legal in India because there are no laws against it. Surrogacy (Regulation) Bill 2019 aims to outlaw commercial surrogacy and only allow altruistic surrogacy. Contracting a “near relative” as a surrogate by a heterosexual married couple who has been childless for five years is known as altruistic surrogacy.

The Surrogacy (Regulation) Bill 2019 solidifies the ban on commercial surrogacy, but it falls short of addressing the greater social, physical, psychological, emotional, and economic challenges that continue to jeopardize the surrogate mother’s and child’s welfare and safety.

Surrogacy in India and Need for Regulation :-

A surrogate mother is a woman who bears a child on behalf of another woman, either from her own egg or from the implantation in her womb of a fertilized egg from another woman.

Kanupriya aka Durga, the world’s second and India’s first IVF (in vitro fertilization) baby, was born in Kolkata on October 3, 1978. The field of assisted reproductive technology (ART) has progressed considerably since then.

Infertility is becoming more common as a medical illness, which is a major hindrance to couples’ general well-being and cannot be neglected, especially in a patriarchal society like India. Surrogacy is a lifesaver in this situation.

Why Shilpa Shetty chose Surrogacy and Why is it on a Rise?

Surrogacy was used by Shilpa Shetty to conceive her daughter. She revealed in a recent interview that she has always wanted a sibling for her son. “I had wanted to have another child for a long time after Viaan,” the actor revealed. However, I had an auto-immune illness known as APLA, which came into play every time I became pregnant. So, I’d had a couple of miscarriages, and it was a real problem.”

Shilpa also discussed how she considered adoption because she didn’t want her son to grow up alone. Everything was in motion. The Christian missionary, however, abruptly ceased operations due to a disagreement with Kara.

We opted to go the surrogacy route after waiting nearly four years,” Shilpa stated.

Samisha was born after three attempts after a five-year struggle to conceive. Shilpa further described Samisha’s meaning: “’ Sa’ in Sanskrit means “to have,” and “Misha” in Russian means “someone like God.”

How Surrogacy became Boon for Couple who has such problem:-

Woman born without a uterus
Lost for any medical reasons like cancer or profuse uncontrollable bleeding
Malformed uterus in shape or size
Recurrent abortions/miscarriages
Failure of implantation in multiple IVF cycles
Cardiac/Renal/Neuro patients
Single-living men opt for single parenthood

Conclusion:-

The bill tries to prevent surrogacy from becoming a business in India. It does, however, permit altruistic surrogacy, in which the surrogate mother is entitled to no monetary compensation other than her medical expenses and insurance coverage during the pregnancy. Commercial surrogacy, on the other hand, entails the surrogate mother receiving monetary compensation in addition to her essential medical expenses and insurance coverage.

This article is written by Kiran Israni, 2^nd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

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Introduction

Sting operations are the activities performed by people by hiding their true identity to investigate a matter and bring out the illegal activities performed by any person. Prevalently such Sting operations are conducted by Journalists and Police to uncover corrupt Legislative and administrative leaders and officers respectively. It is also performed to catch a criminal and make people aware of his criminality, who asserts to be innocent. Such operations raise an issue of Legality and Morality of these practices which are further discussed in the Article.

Impacts of Sting Operations

Sting Operations can have both Positive as well as Negative Impacts on society.

Positive Impacts – The positives are the legitimate concern for the overall population and planned to penetrate the cover of the government’s working procedure.

Negative Impacts– To increase Television Rating Points. Sometimes Media houses show fabricated Sting Operation videos to maintain the “Interest of People” in their channel rather than working for “Public Interest”.

Constitutionalism

RIGHT TO PRIVACY

Constitution of India provides a Fundamental Right to Privacy under Article 21. Sting operation. In the landmark Judgment of K.Sv Puutuswamy Supreme Court stated that the Right to Privacy is an integral part of the Right to Life and Personal Liberty.

RIGHT TO KNOW

Supreme Court in a landmark judgment of Maenka Gandhi stated that the people of India acquire the Right to Know under the Fundamental Rights of the Constitution.

RIGHT TO REPUTATION

Article 19(2) states that nothing should bring defamation to a person while exercising freedoms guaranteed under the same Article clause 1. Therefore, Media is under the restriction of not to defame a person by presenting a fabricated video of a Sting Operation to the General public.

Admissibility as Evidence in Court of Law

“It matters not how you get it; if you even steal it, it would be admissible as evidence.” The principle is applicable in the common law. However, there have been various contradictory views and orders of various Courts and different case laws. The evidence acquired as Sting Operation is considered as Extra-judicial Evidence as an electronic record given to a third party, makes it admissible. This concludes in respect of admissibility that courts have a discretionary power on Sting Operations.

Journalism vis a vis Sting Operation

Montesquieu in his book “Spirits of the Law” stated that Media is the fourth pillar of Democracy. Further in the Constitution of Freedom of Press is provided as a Fundamental Right under Article 19 with certain reasonable restrictions. People today live in a world of Technology and Social Media, therefore it is as easy as ABC to influence people on a large platform of the Internet, which increases the responsibility of Media in conducting its work in the most efficient, impartial, and ethical manner. The most watershed incident of Sting operation of History in India is the ‘Tehlka’ Sting operation. Some more prominent sting Operations conducted by Media were-

Operation named ‘DURYODHAN’ – in which some member of Parliament were caught while receiving bribes for raising questions in parliament proceedings.
Inspector General Ayaash- the officer was caught sexually harassing a woman.
Members of Legislative Assembly of Bihar were caught in compromising position with prostitutes.

And a number of other Sting operations conducting by prominent media Channels like N.D.T.V, Aaj Tak, India T.V, Shara Samay, Star News, etc.

Judiciary’s Outlook

There is no particular legislation of provision provided under Indian laws related to validity and Legality of Sting operations which make Courts use their discretionary powers while deciding cases related to Sting operation.

This Evidence has been rendered inadmissible in the Court of Justice several times due to probabilities of editing, lack of clear audio, video imaging, unavailability of dates, time, and correct places. However, they have also been admissible in various cases such as Jessica Murder Case

State of U.P v. Raj Narain states “People of this country have all rights to know every Public Act”

Vijay Shekhar v. UOI – uphold Sting operations to be illegal with regard to corruption against eminent persons like former President Dr. A.P.J Abdul Kalam, former CJ Y.K. Sabjharwal.

Comparative Analysis with other Countries

United States of America

A sting operation in the USA is considered to be legal to uncover various offenses like drug trafficking, political and Judicial Corruption, prostitution, etc., the law there differentiates between the trap for innocents and trap for Criminals. The landmark case was Keith Jacoboson v. the United States.

United Kingdom

Allows Sting operations from a legal point of view- “A prosecution founded on entrapment would be an abuse of Courts’ process”

Conclusion

Sting operation needs to have legislation made on it which can guide the people at large, Judges and lawyers to decide whether such practice is acceptable if acceptable then up to what extent, what can be the elements and requirements to be admissible in the Courts, etc. while keeping in view every good and bad aspect of these operations. This makes it important to be a part of Law to maintain transparency and accountability of the Government as well as a detriment to society while infringing the privacy of people. The harmonious balance is the need of an hour with respect to the legality and morality of the Sting Operation to maintain a healthy Democratic character of the Country.

This article is written by Aakrati Thakur, student of BBA. LL.B 3^rd Year in Guru Gobind Singh Indraprastha University, Delhi Metropolitan Education, Noida.

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This article is authored by Aathira Pillai a 4th year BLS LLB student of Dr. D. Y. Patil College of Law.

INTRODUCTION

The Ministry of Information and Broadcasting intends to introduce the Cinematograph (Amendment) Bill, 2021, which will improve the process of certifying films for display and combat piracy which are arising with the transforming era. After receiving Cabinet assent on 06.02.2019, the Cinematograph (Amendment) Bill, 2019 was introduced in the Rajya Sabha on 12.02.2019, proposing to add a new section 6AA and a new sub-part (1A) to Section 7 of the Act. On 16.03.2020, the Standing Committee on Information Technology (2019-20) delivered the 9th Report on the Cinematograph (Amendment) Bill, 2019, in the Rajya Sabha and Lok Sabha, proposing to alter the Bill’s sections based on the Committee’s specific recommendations. The government recommended further revisions to the existing Cinematograph Act, 1952 on June 18, 2021.

CRUX OF THE CINEMATOGRAPH (AMENDMENT) BILL, 2021

Perpetuity of the Certificate Granted:

The certificate issued by the Board is valid for ten years under sub-section 3 of section 5A of the current Cinematograph Act, 1952. Although the restriction on certificate validity for just 10 years has been lifted by executive orders, the existing clause in the Act has to be revised to eliminate the requirement, allowing the certificate to be valid indefinitely for a perpetual period of time.

Revising the Guidelines for Certification:

The new proposal would change the present Act to give the Centre “revisionary powers” and allow it to “re-examine” films that have already been certified by the Central Board of Film Certification (CBFC). The Ministry of Information and Broadcasting suggests that the Act be amended to give the Centre revisionary powers in circumstances where Section 5B (1) is infringed (principles for guidance in certifying films). The Centre already has the authority under Section 6 of the current Act to request records of proceedings in connection with a film’s certification. Essentially, the Central Government has the right to overturn the Board’s decision if the situation warrants it. thus allowing the arbitrary powers to be in exercise.

In KM Shankarappa vs. Union of India, the Hon’ble High Court of Karnataka stated that the Central Government cannot exercise revisionary powers over films that have already been certified by the Board which had been upheld by the Hon’ble Supreme Court of India.

Certification on the basis of Age:

In the Draft Bill, it is also proposed to add a proviso to section 6 sub-section (1), stating that if the Central Government receives any references in respect of a film certified for public exhibition on account of a violation of Section 5B (1) of the Act, the Central Government may, if it considers it necessary, direct the Chairman of the Board to re-examine the film.

Films are currently classified into three categories: ‘U’ for unrestricted public showing, ‘U/A’ for children under the age of 12, and ‘A’ for adult films. In the new draft, the categories are divided into three age groups: U/A 7+, U/A 13+, and U/A 16+.

Provision against Piracy:

The draft intends to introduce Section 6AA, which will criminalise to unsanctioned record without permission.

No one shall be permitted to use any audio-visual recording device at a location to intentionally make or transmit, attempt to make or transmit, or abet the making or transmission of a copy of a film or a part thereof without the explicit permission of the person, notwithstanding any law consistent with the provisions.

Penalty violations are punishable by imprisonment for a period of not less than three months, but not more than three years, as well as a fine of not less than Rs 3 lakh, but not more than 5% of the audited gross production cost, or both.

CRITICAL EVALUATION OF THE BILL

The British believed that Indians needed to be shielded from the destabilizing influence of the mass medium, which led to the “censorship” of cinema in India since the pre-independence era. We were stuck with bygone and irrelevant norms and regulations; therefore a shift in censorship was desperately required. Though, the new restrictions to content creation pose a danger to the existing public discourse space constraining the liberties of the artists stipulating the autocratic tendencies of the government.

Curb on Freedom of Speech and Expression:

Movie is one of the legitimate and most important medium in which matters of general concern can be treated and handled to suffuse public with relevant information of the occurrences around, as said by the Supreme Court in S. Rangarajan vs. P. Jagjivan Ram, 1989 SCR (2) 204. The court also opined that the State cannot impede open discussion and expression, however hostile to its policies.

Because the provisions of the Bill can be pursued in line with the authorities’ whims and fancies, the proposed revisions will render film makers subservient in the hands of the state with arbitrary powers conferred and more exposed to threats, destruction, and intimidation by mob censors. The peril that social media eruptions would lead to mob censorship and abuse of government power is not far-fetched in an atmosphere of austere nationalism and governance.

Freedom of Speech and Expression is being threatened with interminable powers being bestowed upon the authorities. Over-the-top (OTT) platforms have also been subjected to new regulations. According to the “Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021,” these platforms must appoint chief compliance officers to ensure that the rules are followed, as well as nodal officers to coordinate with law enforcement agencies and grievance officers. Entrusting with the government the authority to censor content restricts not only freedom of expression but also democratic dissent.

Dissolution of Film Certification Appellate Tribunal:

The fear that the certification process is becoming more restricted has grown after the Centre with dismantling the Film Certification Appellate Tribunal (FCAT), which provided a platform for filmmakers to seek recourse if the CBFC denied them a certificate has aggravated the apprehension that the certification process would be more stringent.

Piracy and Copyright Act:

The most common source of piracy is illicit duplication in movie theatres. There are currently no enabling measures in the Cinematograph Act, 1952 to combat film piracy, necessitating the inclusion of such a clause. It does, however, solely target commercial initiatives that are intended for public display.

A film is also protected by copyright in almost every country. In general, anyone who infringes on the copyright owner’s exclusive rights is accountable under that country’s copyright law. The Copyright Act makes it illegal to copy a film on any medium or by any means, including film recording in a theatre. Under Section 63 of the Copyright Act, infringement of a work’s copyright is a punishable offence. In the event of disobedience with the current regulation for Film Piracy, there would be a conundrum on the regulating provision.

Any copying of copyrighted material done for a restricted purpose, such as to remark on, criticize, or parody a copyrighted work, is considered a fair use. Such uses are legal without the permission of the copyright owner. Fair use is a defence to a copyright infringement action, to put it another way. The Cinematograph Act’s punitive clause’s applicability under the aforementioned instances would be confusing.

Online Piracy:

ISPs are the channels employed for accessing any website or application on the Internet; are not authorised to monitor the content transmitted on their network, so they act as a conduit for data and information transmission over the Internet and are unaware of any IPR infringing content or their own website. With the protection and shield of being an intermediary is extended under the IT Act, they are protected from prosecution in the event of internet piracy because they are unaware of any illicit content streaming via their network unless they are informed and alerted of the content circulation.

CONCLUSION

With these regulations, audiences would just seek content for entertainment from outside the country, depriving the element of creativity because consumers are apathetic with the phenomenon of governance. The government now has unchecked power, putting democracy in jeopardy being labeled by the critics as a super censor. A large number of artists and filmmakers have signed an open letter to the Information and Broadcasting Ministry, expressing their opposition to the government’s proposed changes to the Cinematograph Act, 1952. “This provision will effectively give the Central Government supreme power over cinema and artistic exhibition and promotion in the country, potentially endangering freedom of expression and democratic dissent,” the letter said, calling the move “another blow to the film fraternity” by undermining the Censor Boards’ power and the Supreme Court’s sovereignty.” While the film industry acknowledges the efforts to combat piracy and age-based certification, filmmakers across the country opines it as an impediment to creativity, which is at the essence and core of artistic creation and cinematography.

This article is authored by Aathira Pillai a 4th year BLS LLB student of Dr. D. Y. Patil College of Law.

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INTRODUCTION

Emergency as defined in the Black Law’s dictionary refers to a failure of social system in delivering and providing access to the justified and necessary conditions of life. The term emergency may also be defined as situations which arise in a spontaneous manner and call for immediate action by the governing authorities who then exercise powers granted to them. Dr. B.R. Ambedkar said that the Indian Federation was unusual in that it could transform itself into a totally unitary structure in times of need. In India, the constitution’s emergency provisions allow the federal government to acquire the strength of a unitary government whenever the circumstances require it. During such urgent needs all the possible measures should be exhausted and emergency should be left as the last weapon to use. There are three types of emergencies as mentioned in the Indian Constitution namely-

National emergency
Failure of constitutional machinery in states
Financial Emergency

National Emergency

The national emergency is mentioned in Article 352 of the Indian Constitution. When there is a major threat to India’s security or the security of any of its territories as a result of war, external attack, or armed rebellion, a national emergency is declared. The president may declare an emergency if the council of ministers, led by the Prime Minister, submits a written request. Every proclamation must be submitted before each House of Parliament, and it will cease to act after one month unless it is approved by the parliament in the interim. The proclamation may be renewed for a duration of six months unless it is cancelled by the president. For continuing with the state of emergency, it becomes essential to get the resolution passed by either house of parliament by a majority of not less than two-third members of the houses. The executive, legislative, and financial powers of the federal government are retained during such emergencies, but the state legislature is not suspended. The union government is given the power to legislate in matters enumerated in the state list under Article 250 of the constitution. All fundamental rights are suspended, with the exception of Art. 20 and 21. During a state of emergency, the president has the authority to suspend the right to go to court to vindicate fundamental rights. The country has been under national emergency three times: in 1962, amid Chinese aggression, in 1971, during the Indo-Pak war, and in 1975, due to internal unrest.

Failure of Constitutional Machinery

The collapse of constitutional machinery in the state, often known as the President’s rule, is discussed in Article 356. If the president believes, based on the Governor’s report or other evidence, that a situation has evolved in which the government cannot function in line with the Constitution, he may declare a state of emergency. The proclamation declaring a state of emergency must be brought before each House of Parliament, and unless both Houses approve it, the state of emergency will end after two months. Furthermore, by enacting a resolution approving its continuation, both Houses of Parliament might extend the proclamation’s term to 6 months each time. Except for the judiciary, the Union administration has complete control over the state under a state of emergency. The president takes full executive power over the state as a result of a state of emergency. He, or anybody he appoints, is in charge of the state government, which is led by the Governor. The state assembly is either dissolved or suspended under such a proclamation. The MLAs, on the other hand, do not lose their seats in the Assembly. The state list is governed by legislation enacted by Parliament. Breakdown of law and order, political instability, corruption, and maladministration are three main causes that have been invoked under Art. 356, according to previous occurrences of state emergency in the country.

Financial emergency

Article 360 of the constitution gives the president the authority to declare a financial emergency if he believes that India’s financial stability or credit, or any part of its territory, is in jeopardy. It must be brought before both Houses of Parliament and will cease to operate after two months unless approved by a Houses resolution in the meantime. During a financial emergency, the president’s executive authority extends to delivering directives to any state to follow specific stated canons of financial propriety, as well as any other directions he deems essential. The directives may include a cut in the pay or allowances of individuals serving a state, as well as all those involved in union affairs, like judges. There has been no occurrence of financial emergency in India till date.

Conclusion

Individuals’ fundamental rights, which are judicially conferred by the Indian Constitution, may be infringed upon during the state of emergency for the exercise of power. To avoid political advantage and give way to political interest, the validity of acts must be examined. Despite abuses of emergency powers, emergency measures continue to play a significant part in the current situation. However, they are still considered controversial in nature. After going over all of the Emergency clauses, it’s clear why they were included in the Constitution in the first place. However, while conducting research on the same, we discovered that, while these rules are in place to ensure the nation’s security as well as the safety of its citizens, they also provide for a great deal of extreme discretion in the hands of the executive. This adversely affects the federal structure of governance and administration followed in India. The structure becomes unitary in nature with maximum powers being laid in the hands of the executive. Though the suspension of Fundamental Rights has been argued for many times, we believe that they are the most fundamental to the existence of citizens in a democracy. As a result of our research, we have discovered that, notwithstanding the safety precautions provided by the amendments to the Constitution under the emergency provisions, there are still opportunities for unjust outcomes. It, therefore, becomes essential to make use of these provisions wisely.

This article is authored by Vanshika Samir, a first-year student at the Rajiv Gandhi National University of Law, Punjab.

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About the Organizers:

JECRC University, Jaipur, Rajasthan is one of the Premier Universities of North India, established under The JECRC University Act, 2012 of the Government of Rajasthan.

JECRC University had started the School of Law in 2017 with the approval of the Bar Council of India. JECRC University aims to provide a platform for young students to understand the inter-dependence of today’s world and its myriad challenges and opportunities.

About the Event:

JECRC University is conducting their 2nd National Virtual Moot Court Competition wherein, the proposition is related to the emerging IP Rights Laws and the participation cap is 40 teams.

Eligibility:

Students of three-year or five-year integrated law degree courses from any University/Law School/College/Department are eligible to participate in the Competition. However, a maximum of one Team shall be allowed to participate from any one University/Law School/College/Department.

Team Composition:

Each Team shall consist only of three members, comprising two speakers and one researcher.

Any alteration of the names of the team members shall be informed through writing email to ju.mootcourt@jecrcu.edu.in

Once the Competition commences, the team composition cannot be altered under any circumstances whatsoever. The inability of any team member to participate in accordance with the rules of this Competition shall lead to immediate disqualification of the Team from the Competition.

Registration Procedure:

The teams interested in participating are required to confirm their participation by filling up the Google form. The link of which is Google Form.

In order to complete the registration process, a team would be required to fill up all the credentials provided in the Google form, including identity cards.

Teams interested in participating will send in the required registration amount of Rs.1500/- via internet banking or any other mode in the following transaction details:

Account No.: 61285714302
Name: Priyanshi Khunteta
Bank: State Bank of India
Branch: Kishanpole Bazar, Jaipur
IFSC Code: SBIN0031462

Important Dates:

Release of Proposition, Rules and Commencement of Registration: June 25, 2021
Last Date for seeking Clarifications: July 7, 2021
Release of Clarifications: July 10, 2021
Last Date for Registration: July 12, 2021
Last Date of Submission of Memorials (Softcopy): July 25, 2021
Memorial Exchange: August 6, 2021
Oral Rounds: 7th to 9th August, 2021

Rewards and Prizes:

Winning Team Award: The winning Team will receive a prize worth Rs. 15,000/-
First Runner-Up Team Award: The first runners-up Team will receive a prize worth Rs. 11,000/-
Best Student Advocate/Counsel: The Best Student Advocate/Counsel will receive a prize worth Rs. 5,100/-
First Runner-Up Student Advocate/Counsel: The first runners-up Student Advocate/Counsel will receive a prize worth Rs. 3,100/-
Best Memorial: The Team submitting the best memorial will receive a prize worth Rs. 5,100/-
Best Researcher: The Best Researcher will receive a prize worth Rs. 3,100/-
First Runner-Up Researcher: The First Runners-Up Researcher will receive a prize worth Rs. 2,100/-
Certificate of Participation: To all the participants

Important Details:

JECRC-UNIVERSITY-2ND-VIRTUAL-MOOT-COURT-Competition-2021-Rulebook Download

MOOT-PROPOSITION_JECRC-University-2nd-NVMCC Download

Contact Details:

Moot Court Committee
School of Law, JECRC University, Plot No IS -2036 to 2039, Ramchandrapura Industrial
Area, Vidhani, Jaipur – 303 905 (Rajasthan), India
Email ID: ju.mootcourt@jecrcu.edu.in

Faculty Convener:
Ms. Ravina Parihar (+91 7597264202)

Student Convener:
Shreya Dangayach +91 9166246639.

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What is Jeopardy and Double Jeopardy?

In simple terms, jeopardy means the danger of any loss, harm or failure. In legal terms, jeopardy refers to the risk associated with the trial of a person to be convicted for any crime.

Double jeopardy is an instance in which a person is prosecuted and exposed to the risk of conviction for the same offence twice. This means that a person is put through the trial of an offence he has already been prosecuted for.

Section 300 of the CrPC

Section 300 of the Criminal Procedure Code states that a person who has been prosecuted and convicted or acquitted cannot be put through a trial for the same offence again. It has provided the following provisions:

A person who has already been acquitted or convicted once and until the time till when such acquittal or conviction is valid or in force shall not be tried for the same offence for which he has been convicted or acquitted.
It is possible for a person to be tried again for the same offence for a different charge made under Section 220(1) if the consent of the relevant State government has been taken.
A person already prosecuted for an offence may be put through a trial again if new facts which were not within the scope of knowledge of the court at the time of prosecution which constitute a new offence emerge.
A person may be prosecuted for the same offence again by the emergence of new facts which at the time of such prosecution, the courts were not competent to hold a trial for such offence.
A person who has been discharged from an offence or the proceedings under Section 258 cannot be tried for the same offence. There is however an exception, according to which a person can be tried if the court which has discharged that person has given its consent or by the consent of any superior court.
Dismissal or discharge does not amount to acquittal for the purpose of this section.

Now that it is clear that a person cannot be tried for the same offence twice except in some special circumstances, we shall now look at a few cases supporting this.

The case of Vijaylakshmi v. Vasudevan was a case of bigamy in which two separate cases were filed against the accused by 2 different people for the same offence. It was held that in such a case where a person has already been tried and convicted by a complainant, who is authorized to do so, they by the provisions mentioned in Section 300 cannot be tried and punished for the same offence again, even if the complainants are different.

In State of Rajasthan v. Bhagwan Das Agarwal, three separate charge sheets were filed in three separate courts against three respondents. Thus the courts took cognizance of these offences. Respondent-1 approached the court and filed a petition with the prayer that since two separate courts had already taken cognizance of the offence, continuing the proceedings would be illegal. The court held that the nature and manner of the offences committed by the courts are not the same and are different. Thus the accused may be tried for that offence even if they have already been tried and convicted for a previous offence.

Article 20(2) of the Constitution

Article 20 of the constitution provides protection in respect of conviction for offences. Article 20(2) states that no person shall be prosecuted and punished for the same offence twice. Thus a person who has already been prosecuted for committing an offence cannot be prosecuted for that offence again.

There is, however, an exception to this provision for protection from double jeopardy. The exception states that the defence of double jeopardy cannot be invoked wherein the trial was discharged or dismissed due to some reason and the accused wasn’t convicted or acquitted. Some cases where this exception has been highlighted are as follows:

In Nanjappa v. State of Karnataka, it was held that a bar for a second conviction cannot operate as a bar for a second or even third proper sanction. What this means is that if due to some reason there wasn’t a proper sanction for a case, it is legally permissible and not violative of Article 20 to hold a second trial. This is due to the reason that Article 20 operates as a bar against double conviction and since the accused was neither convicted nor acquitted, they can be tried again, this time properly.

Similarly, in State of Mizoram v. C. Sangnghina, the accused was discharged even before the trial had started as there was a lack of proper sanction. As discussed above, in order to invoke the defence of double jeopardy, the accused must be properly tried in court and be either convicted or acquitted. Moreover, such conviction or acquittal must be in force at the time of the second case. As the accused was not tried due to lack of proper sanction, it was held that the defence of double jeopardy could not be invoked in this case.

In Jitendra Panchal v. Narcotics Control Bureau, the question before the court was pertaining to the applicability of the doctrine of double jeopardy of the provision of Article 20(2) of the Constitution. It was held that the offences for which the accused being tried in India, and the offences for which he has been punished/convicted in the USA are completely different, and thus the defence of double jeopardy cannot be invoked.

Conclusion

From the above discussion, we can conclude that there are 2 specific legal provisions that protect criminals from “double jeopardy” or “double conviction”. These being Article 20(2) of the constitution and Section 300 of the Criminal Procedure Code. In both the provisions, it is clear from their proper interpretation that a person who has been either acquitted or convicted for an offence, cannot be tried for that same offence again. Both of these provisions are subject to certain exceptions.

The article is written by Om Gupta, a first-year law student pursuing BBA-LLB from the University School of Law and Legal Studies.

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Organizers:

The School is conducted in international collaboration between University of Copenhagen, Charles University and University of Warsaw. The program is hosted by the Faculty of Law, University of Copenhagen, and prepared by the Study Hub for International Economic Law and Development (SHIELD).

Time:

2 – 13 August 2021

Place:

Online, participants will receive links.

The pricing scheme for the Summer School is as follows:	DKK	EUR (approximately)
Full participation in the IBL Summer School (6 courses):	29500	3967
Participation in 5 courses	26000	3496
Participation in 3 courses	16500	2219
Full participation graduate student fee	27000	3631

This year as a special offer you may register for one course. The price for individual courses is 6500 DKK (approximately 874 EUR)

A Certificate of attendance for 12 credits per course will be issued after the Summer School based on documented participation.

Schedule:

https://jura.ku.dk/ibl-summerschool/schedule/

Last date to register:

Registration no later than 31 July 2021 at 12:00.

To register visit: https://eventsignup.ku.dk/ibl-summerschool

Visit:

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