Tag: #IndianEvidenceAct

S.no	Contents
1.	Introduction
2.	What is an E-Contract?
3.	Legal Validity of E-Contracts
4.	Essentials
5.	Validity of E-Contracts under the Indian Evidence Act
6.	Roles of Parties in an E-Contract
7.	Kinds of E-Contracts
8.	Challenges Associated with E-Contracts
9.	Present Dilemmas
10.	Conclusion

Introduction

As we enter the era of digitization, technology has become the backbone of almost everything, from our means of communication to attendance tracking in offices is now seamlessly integrated with technology. It’s no secret that in this day and age, technology is the driving force behind the advancements we see around us. As more companies continue to expand and agreements become increasingly complex, it’s only natural that the contracts themselves should become digitized as well.

Here in India, the rise of online transactions has led to a surge in the use of electronic contracts. These cutting-edge agreements are created and executed through electronic communication and digital signatures, bypassing the need for physical documents or signatures. With this new level of convenience and efficiency, we can now close deals with ease, without having to deal with tedious paperwork or signatures.

What is an E-Contract?

The Indian Contract Act, of 1872^[1], defines a contract as an agreement that is enforceable under the law. Section 2(h) of the Act states that for an agreement to be considered a contract, it must meet certain legal requirements. Interestingly, electronic contracts, also known as E-Contracts, adhere to the essence of Section 2(h) while changing the mode of contract formation. In simple terms, E-Contracts are digital agreements that are created, negotiated, and executed without the need for physical paperwork. The parties involved communicate through electronic means, such as the internet or telephonic media, allowing for a meeting of the minds to take place.

E-Contracts save time and are a step ahead of traditional pen-and-paper contracts as they are entirely paperless and created through digital mediums. Through the use of electronic means, such as the internet or telephonic media, the parties involved in E-Contracts are able to communicate effectively, leading to a meeting of the minds. This not only streamlines the negotiation process but also reduces the need for physical meetings, saving time and resources. Unlike traditional pen-and-paper contracts, E-Contracts are created through digital mediums and are completely paperless, making them environmentally friendly and cost-effective. They are a step forward from traditional contracts, as they are efficient, secure, and authentic.

Legal Validity of E-Contracts

Section 10A of the Information Technology (IT) Act, 2008^[2] is a significant provision in the Indian legal framework that acknowledges the legitimacy and enforceability of electronic contracts. The IT Act was amended to include this section as a response to the increasing use of digital contracts in commercial dealings.

The introduction of Section 10A of the IT Act clarifies that electronic contracts cannot be considered invalid merely because they exist in electronic format. These contracts hold the same legal value and enforceability as traditional paper contracts. This means that parties entering into an electronic contract have the same legal rights and duties as those in a contract executed on paper. The Act not only recognizes the legality of electronic contracts but also sets out certain conditions for their validity. These conditions include making the contract accessible for future reference and using a reliable and secure electronic signature or authentication method. Additionally, it clarifies that any law which requires a contract to be in a particular form or written shall be deemed satisfied if the contract is in electronic form and meets the requirements specified under Section 10A.

Essentials

1. There must be a proposal – one party must offer to enter into a contract.
2. There must be acceptance – the other party must agree to the proposal.
3. Legal consideration must be there – there must be something of value exchanged between the parties.
4. Parties must be able to contract – they must have the legal capacity to enter into a contract.
5. Free consent by the parties – the parties must enter into the contract freely and voluntarily without any coercion or undue influence.
6. Lawful objective – the purpose of the contract must not be illegal or against public policy.

It is essential for an e-contract to fulfil these criteria in order to be valid and enforceable under the law. Therefore, if all the necessary elements of a contract are present in an electronic agreement, it cannot be invalidated solely on the basis of its digital form, making E-Contracts legally binding and valid. It is crucial to establish the legal validity of an E-Contract to ensure that legal action can be taken in case of any violation of the agreement.

Validity of E-Contracts under the Indian Evidence Act

According to Section 65B^[3], any information contained in an electronic record that is either printed on paper, stored, recorded, or copied in an optical or magnetic media produced by a computer, can be deemed to be a document. However, this is subject to certain conditions, including that the electronic record is produced in court in compliance with the provisions of the Indian Evidence Act, and that it is accompanied by a certificate identifying the electronic record containing the statement of the person who had control over the creation of the record.

In essence, Section 65B ensures that electronic records are given the same evidentiary value as physical documents. This provision is particularly significant in the context of electronic contracts, as it reinforces their legal validity and provides parties with a means of proving the existence and terms of an electronic contract in court.

Roles of Parties in an E-Contract

An e-contract usually involves two parties: the originator and the addressee. The originator is responsible for initiating, sending, or creating the electronic message, while the addressee is the intended recipient of the message. The originator could be an individual, a business, or any other organization that initiates electronic communication. They can send an e-contract proposal to the addressee through various electronic channels such as email, messaging platforms, or an online contract management system.

The addressee, on the other hand, may also be an individual, a business, or any other entity that receives the proposal from the originator. Once the addressee receives the proposal, they may choose to accept, reject, or make a counterproposal based on the terms and conditions of the e-contract and the negotiation process between the parties.

Kinds of E-Contracts

The main types of contracts are:

• Shrink Wrap contracts – Contracts that are agreed upon by the end user by opening the product packaging.
• Click Wrap contracts – Agreements that are agreed upon by the end user by clicking on an “I agree” or similar button on a website or software.
• Browser Wrap contracts – Contracts that are agreed upon by the end user by using a particular website or software.

In addition to these, there are also other types of contracts, such as:

• Electronic Data Interchange – It is the type of e-contract that is used in the business-to-business (B2B) context for the automated exchange of business documents.
• E-Mail contracts – Agreements that are formed through the exchange of e-mails between the parties.

Comparing Traditional and E-Contracts

Within the legal domain, it is imperative to recognize the fundamental disparity between conventional contracts and electronic contracts. The former entails a tangible signature and is produced on paper, whereas the latter involves the utilization of digital signatures and is created digitally. In addition, the formation of conventional contracts demands the presence of the involved parties in a physical setting, culminating in elevated transaction costs and protracted processes. Conversely, electronic contracts obviate the need for physical presence, resulting in diminished transaction costs and enhanced expediency.

Challenges Associated with E-Contracts

• AUTHENTICITY AND SECURITY

E-contracts pose various challenges in their formation and enforcement, including concerns about the authenticity and security of electronic documents. Although the use of electronic signatures and digital certificates can ensure authenticity and security, there is always a risk of fraud, hacking, and unauthorized access to electronic documents. As technology advances and individuals become more knowledgeable about it, there is a risk of malicious use that can compromise the privacy of the public. Parties to e-contracts must take adequate measures to protect their electronic documents from such risks, including but not limited to using secure communication channels, employing encryption techniques, and regularly updating their security protocols.

• ENFORCEABILITY

The enforceability of electronic contracts in India hinges on their adherence to the requirements set forth in the Contract Act. Under the Contract Act, parties to a contract must possess the contractual capacity and the agreement must not violate any laws or public policies. Moreover, the contract terms must be lucid and explicit, and the contract must have consideration.

In India, there have been several instances where the enforceability of e-contracts has been challenged in courts of law. One such example is the Trimex International FZE Limited v. Vedanta Aluminum Limited (2010)^[4] case, in which the court upheld the enforceability of an electronic contract, despite the absence of a physical signature. The court declared that the usage of digital signatures and the presence of a valid offer and acceptance satisfied the prerequisites laid out in the Contract Act.

• JURISDICTION

One of the most significant challenges in the realm of electronic contracts pertains to jurisdiction and choice of law. Electronic contracts are frequently established across different jurisdictions, with the involved parties potentially operating under distinct legal systems. Therefore, the clauses regarding jurisdiction and choice of law must be meticulously crafted to ensure that the parties agree on the applicable law and forum for dispute resolution. Failure to properly address these clauses could result in one party being subjected to laws with which they are unfamiliar, potentially leading to non-compliance and undesirable legal ramifications. As such, it is imperative for parties involved in electronic contracts to engage in thoughtful deliberation regarding jurisdiction and choice of law clauses to minimize potential conflicts and disputes.

Present Dilemmas

• AUTOMATED CONTRACTS IN E-COMMERCE

The proliferation of artificial intelligence and machine learning in e-commerce has led to the formation of contracts through automated systems, raising pertinent legal questions regarding their enforceability. The primary concern revolves around whether contracts formed without any human intervention are legally binding and enforceable. With the increasing use of automated systems, it is essential to evaluate the validity of these types of contracts and determine if they adhere to the requirements set forth by contract law. The development of these automated systems has also prompted the need for a clear legal framework to ensure that parties involved in such contracts are adequately protected. Thus, there is a pressing need for legal guidelines and regulations to facilitate the formation, validity, and enforcement of contracts through automated systems.

• ONLINE DISPUTE RESOLUTION

One of the challenges in the enforcement of e-contracts is the possibility of disputes arising between the parties involved. In order to address this issue, there is a need for a mechanism for online dispute resolution, similar to the physical systems that exist for resolving disputes. With the increasing use of technology in e-commerce, the use of online dispute resolution can provide a cost-effective and timely solution to resolve disputes in the same medium in which the contract was formed. This would not only save time and money for the parties involved but also promote trust and confidence in the use of e-contracts.

• DATA PRIVACY

E-contracts often entail the collection and processing of personal data, which can potentially be accessed by individuals with sufficient technological expertise. It is essential that the use of such data complies with applicable data protection laws, including the General Data Protection Regulation (GDPR)^[5] in the European Union and the Personal Data Protection Bill in India, to safeguard the privacy and security of individuals. Adherence to such laws can help ensure that personal data is processed lawfully and transparently, and that appropriate measures are taken to protect against unauthorized access, theft, or misuse of personal data.

• FORCE MAJEURE

It is imperative to update the force majeure clause in e-contracts to account for unforeseeable events that could impede contract performance. Traditionally, force majeure provisions applied to uncontrollable events, such as natural disasters, wars, or labour strikes that were unforeseeable at the time of contract formation. However, given the increasing reliance on technology in conducting business, it is vital to include potential disruptions caused by cyber-attacks, technology failures, or similar events. Thus, it is necessary to include provisions in the force majeure clause that explicitly describe the effect of such events on contract performance, to ensure that e-contracts remain valid and enforceable in these scenarios.

Conclusion

In the contemporary era, the prevalence of e-contracts has become ubiquitous, making it arduous to avoid or anticipate their eventual dominance over traditional contracts. The digital age has witnessed the widespread adoption of e-contracts as a customary mode of contracting. The legal framework governing the formation and enforcement of e-contracts is underpinned by legal principles and statutory provisions. Provided that they satisfy legal requisites, e-contracts are enforceable to the same degree as paper-based contracts. However, the realm of e-contracts poses distinctive challenges, including concerns related to the legitimacy and security of electronic documents, as well as issues related to jurisdiction and choice of law. To ensure the enforceability and validity of e-contracts, parties must implement appropriate measures to mitigate these challenges. Although e-contracts offer notable advantages in terms of expediency and efficiency, parties must remain vigilant to address unconventional challenges. Given that technological progress is inevitable, it is vital for parties to e-contract to be cognizant of these challenges and take appropriate steps to address them.

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Endnotes:

1. The Indian Contract Act, 1872, Act No. 9 of 1875
2. The Information Technology (Amendment) Act, 2008, Act No. 10, Acts of Parliament, 2009 (India).
3. The Indian Evidence Act, 1872, Act No. of 1872
4. Trimex International Fze Limited v. Vedanta Aluminium Limited, 2010 (1) S.C.C. 574 (India)
5. General Data Protection Regulation (GDPR), https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679

This article is authored by Sohini Chakraborty, a first-year law student at RGNUL Patiala.

Read more about E-Contracts:

• Laws Governing Online Contracts, http://lexpeeps.in/laws-governing-online-contracts/
• Validity and Challenges of E-Contracts, http://lexpeeps.in/validity-and-challenges-of-e-contracts/
• Evidentiary Value of E-Contracts, http://lexpeeps.in/evidentiary-value-of-e-contracts/

Introduction

A country’s law should develop with the progression of time and the progression of time. In troublesome times, as in any respectful society, society requires more thorough and brutal guidelines, however the topic of how much stricter and more rigid a law should remain with regards to making a specific regulation. In India, a far-reaching and comprehensive way to deal with the laws is expected to oversee sexual offenses. A decent code ought to have three attributes, as per Macaulay, the planner of the Indian Penal Code: accuracy (liberated from vagueness), conceivability (simple clear by normal individuals), and it ought to be a product of legislature law-making (least judicial intervention).¹

The world is dynamic; changes happen in light of cultural prerequisites, as well as the overall individuals who have been involved in a situation in that society. For instance, there was basically no law to manage cyber-wrongdoings in the eighteenth century, yet because of innovative enhancements and dynamic perspectives, the Cyber Law grew simply. Because of the startling flood in the number of cyber dangers, ransomware, and other cyber offenses, we understood that law to address these advanced wrongdoings was required. Essentially, the Criminal Law Amendment Bill 2018 proposes to change key bits of the Indian Penal Code, the Criminal Procedure Code, and the Public Order and Security Act, as well as increment the base discipline for assault, including the age part.

Before the 2018 Amendment Act, the Criminal laws has been revised in the year 2013, concerning the previously mentioned issues as they were. The amendment in the criminal laws was required after the Nirbhaya case. Nirbhaya, a 23-year-old paramedical understudy, was violently gang-raped, assaulted, and tortured in a moving transport on the evening of December 16, 2012. She passed on from her wounds on December 28, 2012, in the wake of battling for her life. This deplorable demonstration ignited an impressive shock in the nation over. The public demanded that the charged be hanged, yet in addition that the nation’s assault laws be changed. Following the Nirbhaya episode on December 23, 2012, a three-part council was framed, drove by Late Justice J.S. Verma, previous Chief Justice of the Supreme Court of India, with Justice Leila Seth, previous Judge of the High Court, and Gopal Subramanium, previous Solicitor General of India, to prescribe changes to the Criminal Law to the Legislature to make assault laws and different violations against ladies more contentious. Accordingly, the Criminal Law Amendment of 2013 was sanctioned.²

Indeed, even after the draconian measures authorized by The Criminal Law (Amendment) Act, 2013 in the fallout of the Nirbhaya case, the general public was again stunned by a rate in Kathua, Jammu, and Kashmir. An 8-year-old young lady capitulated to a gang’s desire and was sexually assaulted and killed, therefore. This sickening episode fills in as a suggestion to society that the assault culture has continued as well as weavers in our general public, where such violations are finished without risk of punishment. Because of the far-reaching announcing and public objection encompassing the matter, parliament had to take on “restorative measures.” The Criminal Law (Amendment) Ordinance, 2018, was accordingly supported by the bureau and endorsed by the President on April 21, 2018. The announcement hardened the punishments for people blamed for assaulting youths, including capital punishment.

The Criminal Law (Amendment) Act, 2013

The Criminal Law (Amendment) Act, 2013, was approved by the Lok Sabha on March 19, 2013, and the Rajya Sabha on March 21, 2013. The Bill was signed by the President on April 2, 2013, and it was deemed to take effect on February 3, 2013. On 3 February 2013, India’s President, Pranab Mukherjee, issued an Ordinance to that effect.

The Criminal Law (Amendment) Act of 2013 updated and added new sections to the Indian Penal Code (IPC) relating to numerous sexual offenses. Certain acts were expressly recognized as offenses under the Act, which were dealt with under relevant laws. The Indian Penal Code has been amended to include new offenses such as acid attacks, sexual harassment, voyeurism, and stalking.³ The amendments made by the Act are mentioned as follows:

1. Section 354A
   Previously, a man who makes unwanted sexual advances, forcefully shows pornography, or demands/requests sexual favors from a woman committed the offense of sexual harassment simpliciter under section 354A, which is punishable by up to three years in jail. Sexual harassment, which is punishable by up to a year in prison, also includes making sexually tinged remarks.
2. Section 354B
   If a male assaults or uses unlawful force against a woman, or aids or abets such an act with the goal of disrobing or compelling her to remain naked in a public place, he commits an offense under section 354B, which carries a sentence of three to seven years in prison. This section deals with a fairly specific offense, and it complements and adds to the clause dealing with outraging a woman’s modesty. This is a good provision, given the numerous examples of women being stripped in public as a kind of punishment, mostly in impoverished communities, as reported in the news.
3. Section 354C
   Any man who views or takes the image of a woman engaged in a private act in circumstances where she would normally expect not to be viewed either by the perpetrator or by any other person at the perpetrator’s command, and then disseminates such image is guilty. Such a person is liable under Section 354C. A first conviction carries a sentence of imprisonment of not less than one year, but not more than three years, and a fine, while a second or subsequent conviction carries a sentence of imprisonment of either description for a term of not less than three years, but not more than seven years, and a fine.
4. Section 354D
   Under this new section, stalking has been designated as a specific offense. If a male stalks a woman, he could face a sentence of up to three years in jail for the first offense and up to five years for consecutive offenses. However, there are some exceptions, such as if a person can establish that the actions were taken in accordance with the law, were reasonable, or were necessary to avoid a crime. According to Section 354D, the crime of stalking was a gender-neutral offense, meaning that it may be committed by either a man or a woman.
5. Section 375
   Under the new section, a man is considered to have committed rape if:
   (a) Penetration of penis into vagina, urethra, mouth, or anus of any person, or making any other person do so with him or any other person;
   (b) Insertion of any object or any body part, not being a penis, into the vagina, urethra, mouth, or anus of any person, or making any other person do so with him or any other person;
   (c) Possession of any bodily part with the intent of inducing penetration of the vagina, urethra, mouth, anus, or any other body part of the individual, or compelling the subject to do so with him or another individual.
   (d) Applying the mouth to a woman’s penis, vagina, anus, or urethra, or causing another person to do so with him or another person.;
   (e) Ultimately, contact the vagina, penis, anus, or bosom of the individual or makes the individual touch the vagina, penis, anus, or bosom of that individual or some other individual.

The 2013 Act expands the meaning of rape to incorporate oral sex and the inclusion of a thing or other real part into a lady’s vagina, urethra, or anus. Rape carries a minimum sentence of seven years in jail and a maximum sentence of life in prison. If a police officer, medical officer, army member, jail officer, public officer, or public servant commits rape, he faces a minimum sentence of ten years in prison. If the victim dies or goes into a vegetative state as a result of the rape, the victim is sentenced to life in prison, with the possibility of death. Under the newly revised provisions, gang rape now carries a minimum sentence of 20 years in prison.

The new amendment clarifies that “consent” is an unequivocal agreement to engage in a specific sexual act; it also clarifies that “consent” does not entail “no resistance.” Non-consent is a crucial component in the commission of rape. As a result, the notion of consent is crucial to the outcome of a rape trial, and it has been used to humiliate and discredit rape victims.⁴

Need for Criminal Amendment Act

According to research by the “Thomson Reuters Foundation,” sexual violence, human trafficking, child labor, underage marriage, and female foeticide make India the most dangerous country for women. In 2012, the National Record Crime Bureau (NRCB) documented 24,923 rape crimes across India, according to its annual report for the year 2013. The culprit was discovered to be a relative of the victim in 98 percent of the cases. Assault has a very low per capita rate and, as a rule, it goes unreported. However, rape instances such as the Kathua rape case and the Unnao rape case sparked considerable public resentment. And a sense of censure leads to media attention and public protests in the name of justice. As a result of the increased willingness to disclose rape incidents, the Indian government has made revisions to the current penal legislation. As a result, the Criminal Amendment Act was absolutely necessary.⁵

Criminal Law (Amendment) Act, 2018

On July 23, 2018, the Ministry of Law and Justice introduced the Criminal Law Amendment Bill 2018, which was passed by the Lok Sabha and Rajya Sabha on July 30 and August 6, respectively. This law attempts to address the problems of sexual assault victims and to enforce the death sentence for anyone convicted of raping a girl under the age of 16 or 12.⁶ It repealed the President of India’s April ordinance and made changes to the following laws:

• IPC 1860
• CrPC 1973
• Evidence Act 1872
• Protection of Child from Sexual Offences (POCSO) 2012

Salient Feature of the Act

This Act makes significant reforms to our penal laws to protect girls from the horrible crime of rape. The following are the details⁷:

• Rape offenders must serve at least ten years in prison; formerly, the minimum sentence was seven years.
• Anyone who rapes a girl under the age of 16 will be sentenced to a minimum of 20 years in prison.
• If a person rapes a girl under the age of 12, he or she will be sentenced to a minimum of 20 years in jail, a maximum of life in prison, or the death penalty.
• If the rape crime is committed against a girl under the age of 16, the accused will not be given anticipatory bail.
• Convicted persons are required to pay the victim, with the funds going toward the victim’s medical expenses and rehabilitation. And the remuneration will be fair and equitable.
• If a police officer commits rape, he or she will be sentenced to a minimum of 10 years in jail, regardless of where the crime takes place.
• In the case of rape, the police are required to conclude the investigation within two months of the FIR being filed.
• After 6 months, the deadline to dispose of the rape appeal begins.
• The law stipulates that anyone guilty of gang rape of a woman under the age of 16 will be sentenced to life in prison and fined.
• Anyone convicted of gang rape of women under the age of 12 faces a sentence of life in prison, a fine, or the death penalty if they are under the age of 12.

Amendments made in IPC

Inserted Sections

I. Section 376AB

• This section was inserted just after Section 376A and states that anyone who commits rape with a woman under the age of 12 years shall be punished with rigorous imprisonment for a term of not less than 20 years, and it may extend to life imprisonment, implying that what he has done is thoroughly illegal and off-base, or in a legal sense, a reminder for that person’s natural life, as well as a fine or death penalty.
• Also obligated to pay compensation, which must be reasonable and just in order to cover medical costs and victim rehabilitation.
• Furthermore, any payment made by the person who has been condemned under this clause must be made to the individual in issue (victim).

II. Section 376DA

• After Section 370D, the 376DA section was added, which states that if a woman under the age of sixteen is raped by one or more people in a group or does something for a common purpose, each of those people is deemed to have committed the crime of rape and shall be punished with life imprisonment, which implies that what he has done is completely illegal and off-base, or in a legal sense, a reminder for that person’s natural life. A
• Also obligated to pay compensation, which must be reasonable and just in order to cover medical costs and victim rehabilitation.
• Furthermore, any payment made by the person who has been condemned under this clause must be made to the individual in issue (victim).

III. Section 376DB

• This section states that if a woman under the age of 12 years is raped by one or more people acting in concert for a common purpose, each person is deemed to have committed the crime of rape and is punished with life imprisonment, which implies that what he has done is thoroughly illegal and off-base, or in a legal sense, a reminder for that person’s natural life, as well as a fine or death penalty.
• Also obligated to pay compensation, which must be reasonable and just in order to cover medical costs and victim rehabilitation.
• Furthermore, any payment made by the person who has been condemned under this clause must be made to the individual in issue (victim).

Amended Sections

I. Section 166A
This provision comprises three clauses that deal with public servants violating lawful orders. Sections 376AB, 376B, 376C, 376D, 376DA, and 376DB are substituted for clause (c).

II. Section 228A
Subsection (1) of this section was replaced with Sections 376AB, 376B, 376C, 376D, 376DA, and 376DB, which deal with the disclosure of the identity of the victim of certain crimes.

III. Section 376
This section deals with the rape penalty and sub-section 1 was replaced with “anyone commits an offence of rape shall be punished for a term not less than ten years or which may extend to life imprisonment and with fine.”
Subsection 2 clause (a) sub-section 1 has been repealed as a result of this alteration to section 376. After sub-section 2 of section 376, a new sub-section “3” was added, which states that anyone who commits rape with a woman under the age of sixteen years shall be punished with rigorous imprisonment for a term not less than 20 years, and may extend to life imprisonment, implying that what he has done is thoroughly illegal and off-base, or in a legal sense, a reminder for that person’s natural life, as well as a fine or detention.

Also obligated to pay compensation, which must be reasonable and just in order to cover medical costs and victim rehabilitation. After sub-section 2 of section 376, a new sub-section “3” was added, which states that anyone who commits rape with a woman under the age of sixteen years shall be punished with rigorous imprisonment for a term not less than 20 years, and may extend to life imprisonment, implying that what he has done is thoroughly illegal and off-base, or in a legal sense, a reminder for that person’s natural life, as well as a fine or detention.

Also obligated to pay compensation, which must be reasonable and just in order to cover medical costs and victim rehabilitation. Furthermore, any payment made by the person who has been condemned under this clause must be made to the individual in issue (victim).

Amendments made in the Indian Evidence Act, 1872

Two sections of the Indian Evidence Act of 1872 are amended by the Criminal Amendment Act of 2018. The following are some of them:

A. Section 53A

• This section substitutes Sections 376AB, 376B, 376C, 376D, 376DA, and 376DB, which deal with proof of character or previous sexual experience that isn’t applicable in some circumstances.

B. 146th section

• When a witness is cross-examined, he may be asked any question that tends to answer the question hereinbefore referred to, in addition to the question hereinbefore referred to-
  a) Attempt to verify the validity.
  b) To figure out who he is and where he stands in life.
  c) To protect his reputation, harming his character, even if the answer does not directly or indirectly implicate him, could result in a penalty or forfeiture.
• 376AB, 376B, 376C, 376D, 376DA, and 376DB were substituted by section 376AB, 376B, 376C, 376D, 376DA, and 376DB.

Amendments made in CrPC

1. Section 173
   Subsection (1A) of this section was amended to read: “An offense under section 376AB, 376B, 376C, 376D, 376DA, and 376DB or section 376E of the Indian penal code shall be completed within two months.”
2. Section 374
   When an appeal is filed against a sentence given under Section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, and 376DB, or Section 376E of the Indian penal code, the appeal shall be disposed of within six months of the date of filing.
3. Section 377
   When an appeal is filed against a sentence given under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, and 376DB, or section 376E of the Indian penal code, the appeal shall be disposed of within six months of the date of filing.
4. Section 438
   After sub-section (3), a new sub-section (4) was added to Section 438 of the Code of Criminal Procedure, which states that nothing in this section applies to any case involving the arrest of a person on suspicion of having committed an offense under subsection (3) of Section 376, 376AB, 376DA, or 376DB of the Indian penal code.
5. Section 439
   After sub-section (a) (1), another provision was added to Section 439 of the CrPC, which states that “the high court and the session court shall, before granting bail to a person accused of an offense triable under sub-section (3) of Sections 376, 376AB, 376DA, 376DB, give notice of the applicant for bail to the public prosecutor within a period of 15 days from the date of receipt of such notice to the public prosecutor.” The presence of the informant or any person authorized by him is necessary during the hearing of the application for bail to the person under sub-section (3) of sections 376, 376A, 376DA, and 376DB, which was inserted after sub-section (1) of the CrPC.

Amendments made in POSCO Act

Section 42 of the POCSO Act, 2012 has been amended by the Criminal Amendment Act of 2018. Sections 376A, 376C, and 376D of the Indian penal code have been replaced with 376A, 376AB, 376B, 376C, 376D, 376DA, and 376DB of the Indian penal code.

Conclusion

In the wake of checking on various adjustments and recently remembered Sections for the IPC, CrPC, Indian Evidence Act, and POCSO Act, as may be obvious, the criminal amendment demonstration of 2018 is simply planned to safeguard women from offensive wrongdoing: sexual attack. As the unjust pace of sexual attacks has expanded, so has the number of people who are truly cruel. Most of the assault cases go unreported, and the absence of legitimate legitimacy, as well as cultural elements, make boundaries to the casualty’s admittance to justice. Nonetheless, subsequent to rolling out important improvements to these reformatory laws, the Government of India tries to give government assistance and a feeling of safety for all women, as it is essential considering ongoing cases, for example, the Kathua assault and Unnao assault cases, which have caused a lamentable circumstance for women in which women accept they are undependable even in their own homes, as the blamed is quite often a family member or a known individual of the person in question, so there is an outright need.

References:

1. https://www.legalserviceindia.com/legal/article-1527–an-analysis-of-criminal-law-amendment-act-2018.html
2. https://blog.ipleaders.in/comparison-rape-laws-criminal-amendment-act-2013/
3. https://www.lawctopus.com/academike/criminal-law-amendment/
4. https://prsindia.org/billtrack/the-criminal-law-amendment-bill-2013
5. https://blog.ipleaders.in/criminal-law-amendment-act-2018-2/
6. https://prsindia.org/billtrack/the-criminal-law-amendment-bill-2018#:~:text=In%20March%202013%2C%20Parliament%20passed,in%20cases%20of%20repeat%20offenders
7. https://mha.gov.in/sites/default/files/CSdivTheCriminalLawAct_14082018_0.pdf

This article is written by Arryan Mohanty, a 2nd Year Student student of Symbiosis Law School.

Introduction

In Arjun Pandit Rao v. Kailash Kushanrao, the Supreme Court held that electronic recordings require a certificate under Section 65B (4) of the Evidence Act (“Act”) to be accepted. The certificate acts as verification of the identity of an electronic record and contains information on any equipment used in its creation. It is signed by someone in a position of responsibility for the operation of the relevant device or the management of the relevant activities.

Background

In the same case, in July 2019, a Supreme Court Division Bench forwarded the question to a bigger bench. As a result, the Supreme Court merged the case, which was an appeal against a Bombay High Court decision, in order to determine the correct legal situation in the aftermath of its two contradicting judgments. The Respondents challenged Arjun Panditrao Khotkar, the Returned Candidate (“Appellant”), election to the Maharashtra Legislative Assembly for the November 2014 session in the Bombay High Court. One election petition was submitted by lost candidate Kailash Kishanrao Gorantyal (“Respondent”), while the other was filed by Chaudhary, an elector. Based on video camera footage, the Respondents argued that the election was null and void due to a delay in the presentation of nomination forms. The Bombay High Court accepted the electronic evidence notwithstanding the lack of a Certificate because the party was in “substantial compliance” with the applicable regulations and declared the election unlawful.

The issue of providing the Certificate under Section 65B (4) has been before the Supreme Court on several occasions. In Anvar PV v. PK Basheer (2014), the Supreme Court held that any documentary evidence in the form of an electronic record can only be shown using the method described in Section 65B of the Act. The admissibility of electronic records in determining the validity or dependability of evidence is addressed in Section 65B, which is mandatory. Later, in Shafhi Mohammad v. State of Himachal Pradesh, a Supreme Court Division Bench held that the requirement of a certificate under Section 65 B (4) is procedural and can be waived in the interest of justice if a party does not have one.

Issues

The Supreme Court was faced with two major questions in the present case.

1. Establishing the validity of the Appellant’s election.
2. To settle the position of law relating to providing of Certificate for electronic evidence under Section 65B of the Act due to its inconsistent rulings on the issue

Judgment

The Supreme Court upheld the appealed decision because the Bombay High Court made its decision based on other evidence besides the electronic record data. The Supreme Court ruled that before electronic evidence can be accepted, a Certificate under Section 65B is required,5 upholding the decision in Anvar P.V. and overruling the ‘clarification’ in Shafhi Mohammed. Furthermore, the Supreme Court overruled the Madras High Court’s decision in K. Ramajyam, which held that evidence could be provided in place of the Certificate by a person in charge of a computer device. The Supreme Court also overturned the Tomasa Bruno ruling, finding that Sections 65A and 65B are merely clarifying and procedural in nature and cannot be deemed a comprehensive regulation on the subject. It further indicated that a certificate necessary under Section 65B is not always required. Section 65B (1), according to the Supreme Court, distinguishes between I the original electronic record contained in the computer in which the original information is first stored, and (ii) the computer output containing such information, which may then be treated as evidence of the contents of the ‘original document.’ When it comes to categorizing evidence, this distinction is recognized in legal terms. The Supreme Court clarified that a certificate is not required if the ‘original document’ is produced (as primary evidence). The owner of a laptop computer, computer tablet, or even a mobile phone might do so by going into the witness box and establishing that the concerned device, on which the original information is first saved, is owned and/or operated by him. In all other cases, where the “computer” is part of a “computer system” or “computer network,” and physically bringing such a system or network to the Court is impossible, the only way to provide information contained in such an electronic record is to use Section 65B (1) in conjunction with the production of the required Certificate.

The Supreme Court also considered whether a party is unable to present a certificate if they do not have access to an electronic device. In light of the Evidence Act, the Code of Civil Procedure, and the Code of Criminal Procedure, the Supreme Court held that a court has sufficient power and jurisdiction to require the production of any document. If the certificate is not granted, a request for its manufacture might be submitted. It is indicated that a party has completed his legal obligations in order to get the Certificate.

The maxims lex non cogit ad impossibilia, which states that “the law does not demand the impossible,” and impotentia excusat legem, which states that “where there is a disability that makes it impossible to observe the law, the alleged disobedience of the law is forgiven,” were taken into consideration by the Court. The Supreme Court highlighted other cases where this maxim had been applied in similar legal situations. Electronic evidence must be submitted no later than the start of the trial, according to the Supreme Court. However, a judge’s use of discretion in allowing evidence to be filed at a later date in a criminal trial should not cause the accused serious or irrevocable damage.

Similarly, if the accused desires to provide the requisite Certificate, the facts of the case and the Court’s discretion in accordance with the law will be considered. If a trial is still going on, the appropriate certificate can be issued at any moment so that material from an electronic record can be accepted and used in court. The Supreme Court also ordered cellular companies and internet service providers to keep CDRs and other relevant records in a separate and secure manner for the relevant period (in accordance with Section 39 of the Act) if a specific CDR or other record is seized during an investigation during that period.

This is intended to be used in all criminal cases. This will allow the parties to call for such records during the defense evidence stage or if data is needed to cross-examine a specific witness.

The Supreme Court also highlighted a five-judge panel’s report from 2018 proposing Draft Rules for the Reception, Retrieval, Authentication, and Preservation of Electronic Records. In order to provide advice to courts on how to preserve and safeguard electronic evidence, the Court believes that these Draft Rules should be made mandatory. Furthermore, the Bench held that, in order to prevent corruption, appropriate rules for the retention of data used in criminal trials, their segregation, chain of custody, stamping, and record maintenance, as well as for the preservation of metadata, should be framed under Section 67C of the Information Technology Act for the duration of trials and appeals. Justice V. Rama Subramanian agreed with Justice Nariman’s conclusions in his opinion, concluding, among other things, that a re-examination of Section 65 (B) of the Act is urgently required.

Analysis

The Supreme Court’s ruling puts an end to the discussion over the meaning and interpretation of Section 65 (B) of the Act, as well as the issue of certificates for electronic data production in court. Directions to cellular companies and internet service providers to preserve records that can be summoned if necessary are clearly an enabling feature that will ensure that a party can access and rely on evidence to establish their claims. The Supreme Court confirmed the distinction between primary and secondary evidence in the case of electronic documents. A bright-line rule may not work as effectively for electronic records as it does for paper ones. It is unclear whether the legislature will revise Section 65B in its current session.

References

Admissibility of Electronic Records (natlawreview.com)

Written by Vidushi Joshi student at UPES, Dehradun.

Contracts have become an inextricable aspect of our daily lives. We are regulated by contracts in our everyday lives, some of which we are aware of and some of which we are unaware of, whether we are purchasing a commodity from the market or renting a cab. In today’s world, an e-contract can be anything from purchasing a product online to signing an international treaty via the internet. In an e-contract, the offer, invitation to offer, counteroffer, acceptance, and other communications are all done electronically, and the result is an agreement. We all know what contracts are but what exactly is an e-contract.

When parties enter into contracts with each other and engage face to face, it is significantly easier to avoid mistakes than when they are separated and contract with each other using the internet as a medium. Electronic contracts are those that are made through e-commerce and do not need the parties to meet in person. These contracts are essentially the same as paper-based commercial contracts, with the exception that the business transactions are undertaken and closed electronically. The growth of e-commerce enterprises throughout the world has been propelled by technological advancements and globalization.¹

Kinds of E-Contracts

1. Browse Wrap Agreement
   This agreement is referred to as a browsewrap agreement, and it is intended to bind the contractual party via the use of the website. These include the consumer policies and terms of service of websites such as Flipkart or E-bay and are presented in the form of “terms of use,” “person settlement,” or “terms of service,” which may be accessed by hyperlinks in the website’s corner or rear.
2. Shrink Wrap Contracts
   These contracts are the licencing agreements, which impose the agreement’s terms and conditions on the contractual parties and are usually seen on the packaging or in the manuals that come with the software products that consumers purchase.
3. Click Wrap Agreements
   Those agreements require the person to click “ok” or “I agree” to agree to the terms and conditions, which are known as end-person settlements and regulate the licenced use of the software application. There are certain types of examination that ensure that the terms of the agreement are binding on the contractual parties.

Execution of E-Contracts

Various legislation, including the Indian Technology Act of 2000 and the Indian Evidence Act of 1872, have contributed to the popularity and legality of E-Contracts. The I.T. Act specifies the attribution, acknowledgment, and transmission of digital statistics, as well as safe electronic procedures. The IT Act acknowledges the agreement’s core capabilities, which include proposal communication, proposal attractiveness, proposal revocation, and acceptance, as the case may be, which will be conveyed either in digital form or by means of a digital record. Furthermore, under the Indian Evidence Act, a settlement’s popularity is determined by the time period “record,” which includes any records included in a digital record that is delineated on paper. Furthermore, the Indian Evidence Act recognizes the popularity of a settlement by defining “record” as any records contained in a digital record that is sketched on paper, stored, recorded, or replicated on optical or magnetic media created by a computer. Such facts will be acceptable in any procedures, with no similarly proof or production of the authentic document before the concerned authorities, and shall be appeared as proof of any content of the authentic or any reality described therein of which direct evidence would be admissible. ²

In India, the validity of e-contracts is debatable

The Indian Contract Act of 1872 acknowledged customary agreements, which are created by the voluntary assent of contracting parties who are able to contract for a lawful consideration with a legitimate intent and are not specifically ruled void. As a result, there may be no provision in this Act prohibiting the enforceability of electronic agreements as long as they contain the essential elements of a legitimate settlement. The ability to freely agree is one of the most important aspects of a legal contract. On E-contracts, there is frequently no room for discussion.³

Issues and Challenges of an e-contract

• Capacity to Contract
  It’s important to make sure that the people who are signing the electronic “contract” have the legal authority and capacity to do so. Often, a contract is entered into by an anonymous individual. The service provider has no way of knowing if the person who clicked the “I Agree” text or symbol is legally capable of entering into a contract. According to the Indian Contract Act, 1872, one of the essential requirements of a legal contract is the capacity of the parties. Parties’ competence is addressed under sections 10, 11, and 12 of the Act. Contracts put upon by those who are unable to contract are null and void. There may be a circumstance where infants who are not old enough to engage in a contract are involved. Infants who are not old enough to enter into a contract with the service provider may enter into an online contract with the service provider by clicking on the “I Agree” text or symbol.
• Free Consent
  Free consent is a legal need for every contract to be legitimate. There is no room for bargaining with online contracts. For the user, this is a significant drawback. However, the user always has the choice to “take it or leave it” in a transaction. The Supreme Court stated in the case of LIC of India vs Consumer Education and Research Centre that “there would be no reason for a weaker party to bargain as to presume equal negotiating strength under dotted line contracts.” In terms of the dotted line contract, he must either accept or reject the service or goods. Either he accepts the unreasonable or unjust conditions or he refuses to use the service in the future.” As a result, it may be stated that the user should exercise caution while granting his agreement in order to avoid problems.

Decision on the Applicable Law

The law of the forum, or the law of the transaction, or the occurrence that gave rise to the litigation in the first place, are the two options under Indian law for applying personal jurisdiction, i.e., the law of the forum, or the law of the transaction, or the occurrence that gave rise to the litigation in the first place. The courts do have the authority to select the applicable law by finding the system of law with which the transaction has the strongest and most direct link. There is no rule against the application of foreign law or the subjecting of an Indian party to a foreign jurisdiction. The emphasis is on choosing the right law. ⁴

Decision on the Court Jurisdiction

E-contracts provide for a wide range of causes of action to arise in a variety of geographical places. This might result in cases being filed in many locations. Defending litigation in several places might be both costly and time-consuming. As a result, all online contracts should include a forum selection provision. Limiting the vulnerability of online service providers to a single jurisdiction makes strong legal sense. As a result, the online service provider has no alternative but to submit to a single set of rules and related laws. The user has no alternative but to accept the service provider’s Standard Terms and Conditions by clicking the “I Agree”, “I Accept” or “Yes” text or button onscreen.

The mode of an e-contract is the result of a revolutionary shift in changing global technical know-how, but it has also been discovered that the laws governing such e-contracts are ambiguous in nature and must be dynamic in order to accommodate the current changing scenarios of e-commerce, including an e-contract. In India, the law covers all aspects of e contracting. However, technological advancements will provide new obstacles for legislators and government agencies. To stay up with changing technology, laws must be updated and improved on a regular basis.

References

1. Sethuram Sundaram, E-contracts in India: The legal framework, issues, and challenges, Researchgate, 2018.
2. Nikhil Nair, E-contracts, Indian National Baar Association.
3. S.R. Subaashini and Shaji.M, Legal issues arising in E-contracts in India: An analysis, International journal of pure and applied mathematics, 2017.
4. K. Prethev and Aswathy Rajan, A critical analysis of E-contracts in India and Enforceability with respect to Sec-65 of India Evidence Act, International journal of pure and applied mathematics, 2018.

Written by Muskan Patidar student at Kirit P. Mehta School of law (NMIMS), Mumbai.

INTRODUCTION

Lately, we have seen a remarkable expansion in the occurrence of police barbarities all around the country. Launch by the June 2020 instance of fierce custodial torment and killings of Jayaraj and Bennix in Thoothukudi, Tamil Nadu. While numerous episodes of police ruthlessness occur routinely, and regularly openly in spaces, not many of them get featured in the media or similarly witness public shock. Then, at that point, as well, once the ­initial period of public shock tides over-soothed through inquiries, captures and examination seldom are police authorities arraigned and indicted for these terrible demonstrations of viciousness. While the law is regularly promoted as an answer for social issues, ­including police torment, custodial brutality, and extrajudicial killings, this article contends that the arrangements of law and their execution are a contributor to the issue.

CUSTODIAL VIOLENCE

Custodial brutality principally alludes to savagery in police guardianship and legal care. Except for assault, death, and torment are two different kinds of custodial brutality. Custodial brutality is not a new peculiarity. Sections 330, 331, and 348 of IPC; Sections 25 and 26 of the Indian Evidence Act; Section 76 of CrPC and Section 29 of the Police Act, 1861 were ordered to check the propensity of police officers to turn to torment to separate admissions and so on despite these legitimate arrangements, custodial savagery keeps on happening. Custodial brutality is a term, which is utilized for depicting savagery submitted against an individual by a police authority. In this way, custodial viciousness can be characterized as “a barbaric attribute that springs out of an unreasonable longing to cause enduring when there is no
chance of any reprisal; a silly presentation of prevalence and actual control over the person who is overwhelmed.”

Even though stuffing, ailing health, unhygienic conditions, and absence of clinical consideration are a portion of the elements of death in police and legal guardianship, custodial savagery stays the normal reason for passing’s in penitentiaries and lock-ups. Be that as it may, notwithstanding the Constitutional and Statutory arrangements contained in the Criminal Procedure Code and the Indian Penal Code pointed toward shielding individual freedom and life of a resident, the developing occurrence of torment and passing’s in police guardianship has been upsetting. Experience shows that the most exceedingly terrible infringement of basic freedoms happens throughout examination when the police, with the end the goal of getting proof or admissions, frequently resort to third-degree strategies including torment and procedures of captures by either not recording them or portraying the hardship of freedom simply as “delayed cross-examinations”.

CAUSES OF POLICE ATROCITIES IN INDIA

Despite the way that each section of the general public has a concerned outlook on custodial savagery, throughout the long term it has stayed unabated. It is by all accounts on ascent consistently, disregarding the way that pace of proficiency has expanded and individuals have become mindful with regards to their privileges and obligations. The principal arm of the criminal equity framework that arrangements with individuals in authority are police. It will, accordingly, be important to discover afflictions, which administer this office coming about into maltreatment of the people who are in their care. The fundamental reasons for Custodial viciousness can be gathered in the accompanying classifications: –

CASES AGAINST POLICE ATROCITIES IN INDIA

In D.K Basu v/s State of West Bengal, [(1997) 1 SCC 416; AIR 1997 SC 610] (1)the Court has laid down detailed guidelines to be followed by the police at the time of arrest and detention.

The case of Joginder Kumar v/s State of U.P [1994 AIR 1349, 1994 SCC (4) 260] (2) is an example that highlights the wrongful use of arrest power by the police without a justifiable reason and the arrest was not recorded in the police diary.

Interfering of evidence in matters regarding Habeas Corpus where it was seen on a petition where a father desired to take the custody of his minor girl for the accused whereby the accused brought a wrong person misdirecting the court to believe the person to be the same for whom the petition was filed, the court ordered an inquiry under Section 193,196 and 199 to be filed against the respondent. It emphasizes the offense of tampering with evidence. R. Rathinam v/s Kamla Vaiduriam.1993 CrLJ 2661(Mad) (3)

The case of Nilabati Behra v/s State of Orissa & Ors. [1993(2) SCC 746] (4) is a glaring example of death caused by police brutality. In this specific case, the state was held responsible and was ordered to pay compensation to the appellant. This cruel act of police was seen as a blatant violation of the rights enshrined in Article 21 of the Indian Constitution.

The apex court in Bhim Singh Versus State of J & K. [(1985) 4 SCC 677; AIR 1986 SC 494], ordered the State Government to pay a compensation of Rs 50,000 for detention and illegal arrest of Bhim Singh by the police to avert him from attending the Assembly Session. (3)

References

1. D.K Basu vs. State of West Bengal. lawtimesjournal.in. [Online] https://lawtimesjournal.in/d-k-basu-vs-state-of-west-bengal/.
2. Joginder Kumar vs State Of U.P on 25 April, 1994. indiankanoon.org. [Online] https://indiankanoon.org/doc/768175/.
3. Remedies Against Illegal Action by Police. blog.ipleaders.in. [Online] https://blog.ipleaders.in/remedies-illegal-police-action/.
4. Smt. Nilabati Behera Alias Lalit … vs State Of Orissa And Ors on 24 March, 1993. indiankanoon.org. [Online] https://indiankanoon.org/doc/1628260/.

This article is written by Sara Agrawal student at Sinhgad Law College, Pune.

Case Number 

Appeal (Civil) 177 of 1964

Equivalent Citations 

1967 AIR 333      1966 SCR 38

Bench 

RAMASWAMI, V.

SUBBARAO, K.

Date of Judgment 

25/03/1966

Relevant Act/ Section 

Principal and Agent-Whether Agent can sue Principal for rendition of accounts.

Indian Evidence Act, 1872, s. 92 , Proviso 3

Facts of the Case:

Narandas Morardas Gaziwala and Ors., a partnership firm based in Surat that dealt in lace and silver thread, had dealings with another firm, Krishna and Company, who worked as their agents for selling their goods on a commission basis throughout the three districts of Madras. Murugesa Chettiar, one of Krishna & Co.’s partners, dissolved all of the firm’s assets and obligations. Krishna & Co. became indebted in 1951 as a result of their dealings. On April 1, 1951, Murugesa Chettiar (hereafter referred to as the plaintiff) executed a promissory note in favor of Narandas Morardas Gaziwala for Rs. 7,500/-, the amount determined by Krishna & Co. to be due and payable. The plaintiff filed a claim in Kancheepuram’s District Munsif’s Court, requesting a rendition of accounts dating back to April 1, 1951, through the date of the suit, in order to determine the amount owed to him. In response, the Surat firm filed a claim against the plaintiff in the court of Subordinate Judge, Chingleput, trying to recover the sum owed under the promissory note. By agreement of the parties, both actions were tried concurrently. 

Issues:

(1) Is the plaintiff, as the agent, authorized to sue the defendant-Surat firm for accounts?

(2) Is the plaintiff allowed to put up a parole agreement to establish the condition prior to the promissory note’s enforceability?

Held:

Subordinate Judge- It decided that the Surat firm was obligated to account for its sales in those territories and issued a decree for the amount covered by the promissory note, but instructed that the decretal amount be adjusted out of any commission due and payable on account taking.

High Court– The High Court, by its judgment dismissed the appeals of Surat firm.

SUPREME COURT- 

1. The Indian Contract Act makes no provision for an agent to sue the principal for the account’s rendition. The act is not exhaustive, and the agent’s authority to sue the principal for accounting is an equitable right that arises in unusual circumstances, rather than a statutory right. Such unusual circumstances may develop when the principal owns all of the accounts and the agent lacks the necessary accounts to determine his claim for commission against his principal. The agent’s right may also arise in extraordinary circumstances, such as when his remuneration is contingent on the size of deals that he is unaware of, or when he cannot know the extent of the sum owed to him unless his principal’s books are examined.
2. The Supreme Court agreed with the HC that the transactions for which the plaintiff is entitled to the commission are unique in that they are only known to the principal. As a result, the Supreme Court decided that the plaintiff has the right to sue the Surat firm for accounts because of the unique conditions of this case (remuneration was based on the number of transactions).
3. The court also decided to uphold the HC’s judgment that the Surat firm had made direct sales to customers in violation of the plaintiff’s single agency contract.
4. On the issue of the parole agreement, the SC dismissed the Surat Firm’s argument and confirmed the HC’s judgment that there was a collateral oral agreement that the promissory note obligation would not be enforced for 5 years and until the amount was due after the commission agency’s accounting period. The Supreme Court held that the agreement was a condition prior to the promissory note’s enforceability and that the plaintiff could use the 3rd proviso to s. 92 of the Proof Act to adduce evidence of oral agreement.

This is a case analysis is written by Sanjana Suman, student of Amity Law School, Amity University Jharkhand Ranchi.

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-Report by Anuj Dhar

On 28th May, the Supreme Court of India maintained the Trial Court and the High Court’s order and dismissed the appeal of the appellants in the impugned judgment of 28th May 2021. A bench of CJI NV Ramana and Justice Aniruddha Bose found the appellant guilty under Section 304 B but stated that Section 306 could not be proved.

KEY HIGHLIGHTS

• Satbir Singh, the deceased, and appellant no.1 got married on 1st July 1994.
• On 31st July 1995, Satbir was found dead after sustaining burn injuries.
• The prosecution claims that the deceased was subjected to cruelty and harassment on account of bringing less dowry by both the appellants.
• On 11th December 1997, the appellants were convicted by the Trial Court under offence punishable under Section 304B and 306, IPC.
• On June 11th, 2008, the High Court upheld the order of the Trial Court and dismissed the appeal filed by the appellants.

Contentions of the Appellants

The legal counsel of the appellants approached the Supreme Court and submitted that the possibility of accidental fire has not been ruled out in the case. The prosecution has failed to prove that there was a demand for dowry. The protection has failed to prove that the demand for dowry if there was one, was made before the death of the deceased victim.

Contentions of the Respondents

The legal counsel of the state submitted that there was no additional material that the appellants showed which would merit the interference of the Supreme Court in the concurrent findings of the courts below. Emphasized upon the fact that the death of the deceased occurred within almost a year of marriage. Witnesses have consistently stated specific instances of the demand for dowry.

The Decision of The Supreme Court

The two issues at hand which required the perusal of the Supreme Court were:

• If the courts below were correct in convicting the appellants on the charge of Section 304B, IPC?
• If the courts below were correct in convicting the appellants on the charge of Section 306, IPC?

The court stated that since the death of the victim was due to burn injuries and was within 7 years of marriage, it satisfies the first two ingredients of the offence punishable under Section 304B, IPC. The aforementioned witnesses were also found consistent and reliable and on that basis, it was held that the deceased was subjected to cruelty soon before her death.
A perusal of the provisions under Section 306 indicates that presumptions shall be attracted only if the fact of suicide has been established. The prosecution must also prove that the accused has played an active role in the commission of suicide. This being said, the court further stated that there was insufficient evidence to prove the factum of suicide beyond doubt.

The Supreme Court of India held the appellants guilty of offence punishable under Section 304B, IPC but set aside the conviction and sentence under Section 306, IPC.

Relevant Sections

• Section 304B, Indian Penal Code.
• Section 306, Indian Penal Code.
• Section 113A, Evidence Act.
• Section 113B, Evidence Act.
• Dowry Prohibition (Amendment) Act, 1986.