About the Organization

Mandla & Singh Law Chambers is a multi-disciplinary Dispute Resolution, Criminal and Civil Litigation firm with dedicated verticals covering White Collar Crimes, Blue Collar Crimes, Company Laws, Property & Land Laws, and Matrimonial Laws, among other fields.

Internship Period

4 weeks, w.e.f., 01.03.2023

Location

Hauz Khas, South Delhi

Application Procedure

Interested persons, please apply with your CV at internships@mandlaandsinghlaw.com

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Sinha & Company, Advocates are looking for Long Term Interns for their Corporate Law team.

About the Organization

A full-service law firm based out of Kolkata, founded in 1993 by Mr Paritosh Sinha (the Advocate-on-Record for the State of West Bengal).

Eligibility

4th year or 5th year of 5-year integrated law program

Department

Corporate law

Internship Duration

Willing to dedicate 6 -8 months

Mode of Internship

Offline/physical, no provision for online mode

Location

Kolkata

Remuneration

Remuneration negotiable

Application Procedure

Send your CV to career@sinhaco.com with the subject “Long-term internship for corporate law” by 15th March 2023.

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About VS Mani Centre for Air and Space Law

VSMCASL was established in 2019 to engage in various ways in shaping the emerging discourse in the field of Air and Space Law. The Centre’s vision is to improve the existing legal and policy framework for the facilitation and regulation of safe, secure, affordable, and sustainable aviation and to contribute to the shaping of a legal foundation for the future of humanity that lies in space. The Centre was established to provide a platform for the students to develop their research skills in the field of Air and Space Law and encourage trans-disciplinary research on issues concerning it.

About the GNLU Air and Space Law Conference

The International Conference aims to provide a platform for deliberations amongst Air and Space Law enthusiasts, thereby contributing to the emerging discourse on the challenges posed to Air and Space Law in the future. The first edition of the Conference was successfully conducted in 2022. Encouraged by the same, VSMCASL is pleased to present the 2nd Edition of GNLU Air and Space Law Conference 2023, to be organised on 8 July 2023.

Important Dates

  • Last Date for Abstract Submission: Friday, 31 March 2023
  • Abstract Selection and Intimation – Monday, 10 April 2023.
  • Last Date for Registration – Saturday, 15 April 2023.
  • Last Date for Full Paper Submission – Wednesday, 10 May 2023.

Submission Guidelines

  • Abstract: 300-500 words
  • Paper: 3000 – 5000 words (excluding references; submission below or above the word limit shall not be considered).
  • Citation style: OSCOLA. (4th Edition)
  • Font: Times New Roman; Font size-12; Spacing- 1.5.
  • A cover page with the title of the Essay, name and affiliation of the author/co-authors shall be attached.
  • Submit text as a Microsoft Word document (.doc or .docx). Co-authorship is permitted up to a maximum of two authors.
  • Submissions need to be original.
  • Plagiarism shall result in disqualification.
  • Submissions shall be made online only.
  • Submissions shall be in English.
  • The topic, once registered, shall not be changed.
  • Any identification mark (in any form) in the paper shall lead to disqualification.
  • Multiple or incomplete submissions shall not be considered.
  • Any manuscript received after the last date shall not be considered.

Sub-themes

  • Management and regulation of airports
  • Anti-competitive issues in aviation
  • Protection of consumer rights in aviation
  • Aviation financing
  • Insolvency and Bankruptcy issues in the Aviation industry
  • Aviation-related crimes and aerial terrorism
  • Air accidents/incident investigation
  • Search and rescue Environmental aspects of the aviation industry
  • Commercial space mining
  • Space tourism
  • Space debris
  • Space communications
  • Space exploration
  • Space Insurance Environmental harm due to human activities in space International liability for incidents/accidents in space
  • National space law and policies

(List of sub-themes is indicative. Accordingly, a research paper on any other area relating to the theme of the Conference may be considered.)

Fees

  • GNLU Students – INR 590/-
  • Students – INR 1180/-
  • Others – INR 1770/-

The registration fee is the same for participation and presentation. The fee mentioned above is exclusive of accommodation and is non-refundable.

Details about Abstract Submission and Fees Payment: https://gnlu.ac.in//Document/content-docs/f0be8a74-e549-4542-b858-77e7c70ce896.pdf

CLICK HERE TO REGISTER

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S.noContents
1. Introduction
2.Judicial and Executive acts: A General Exception under IPC
3.Judicial acts as an exception
4.Executive acts as a general exception
5.Analysis regarding the judicial and executive acts
6.Issues
7.Suggestions
8.Importance and need in the present scenario
9.Conclusion

Introduction

The Indian Penal Code (IPC)[1] contains several provisions that serve as general exceptions to criminal liability. These provisions exempt certain actions from being considered crimes under certain circumstances.

For example, Section 76[2] provides that acts done by a person who is bound by law to do them are not crimes, while Section 80 provides that an act done in good faith for the benefit of a person without their consent is not a crime if it would otherwise have been so. Section 81 provides that an act done by several persons to further a common intention is not a crime if done in good faith for the advancement of religion, science, literature, or fine arts. The general exceptions under IPC are meant to provide a reasonable balance between the protection of individual rights and the public interest.

Judicial and Executive acts: A General Exception under IPC

Section 197 of the Indian Penal Code (IPC) provides a general exception for acts performed by a public servant in the discharge of his official duties, or by any person acting under the direction of a public servant if such act is done in good faith. This means that criminal proceedings cannot be initiated against such individuals unless prior sanction is obtained from the appropriate authority. This provision is intended to protect public servants from baseless lawsuits and ensure that they are able to perform their duties without fear of legal harassment.

Judicial acts as an exception

The judicial act exception under the Indian Penal Code (IPC) is a provision in Section 197 of the code that exempts public servants and persons acting under the direction of a public servant from criminal liability for acts performed in good faith in the discharge of their official duties. This provision applies to acts performed by judges, magistrates, and other public servants in the course of their official duties and provides immunity from criminal prosecution for actions taken in good faith in the performance of such duties. The purpose of this exception is to ensure that public servants are able to perform their duties without fear of being sued for criminal offences and to prevent frivolous or malicious lawsuits from being filed against them. However, prior sanction from the appropriate authority is required before criminal proceedings can be initiated against a public servant under this exception.

Case Laws that give us a vivid idea regarding the prevailing exceptions

There are several case laws that have interpreted and applied the judicial act exception under Section 197 of the Indian Penal Code (IPC). Some of the notable cases include:

R. Rajagopal v. State of Tamil Nadu[3]: In this case, the Supreme Court of India held that the judicial act exception under Section 197 of the IPC applies only to acts performed in the exercise of judicial or quasi-judicial powers and does not extend to acts performed in an administrative capacity.

State of Maharashtra v. Narayan Dattatraya Apar[4]: In this case, the Supreme Court held that the judicial act exception under Section 197 of the IPC applies only to acts performed by public servants in good faith and within the scope of their official duties and not to acts of omission or commission that are mala fide or beyond the scope of their official duties.

K.R. Lakshmanan v. State of Tamil Nadu[5]: This case dealt with the issue of whether the prior sanction was required before a public servant could be prosecuted for an act performed in the discharge of his official duties. The Supreme Court held that prior sanction was required before the prosecution could be initiated against a public servant under the judicial act exception in Section 197 of the IPC.

These cases provide guidance on the scope and application of the judicial act exception under Section 197 of the IPC and have helped to clarify the rights and obligations of public servants in the performance of their official duties.

Executive acts as a general exception and what makes it different from judicial acts

The executive act exception under the Indian Penal Code (IPC) is a provision in Section 197 of the code that exempts public servants and persons acting under the direction of a public servant from criminal liability for acts performed in good faith in the discharge of their official duties. This provision applies to acts performed by executive officials, such as government employees and officers, in the course of their official duties and provides immunity from criminal prosecution for actions taken in good faith in the performance of such duties. The purpose of this exception is to ensure that public servants are able to perform their duties without fear of being sued for criminal offences and to prevent frivolous or malicious lawsuits from being filed against them. However, prior sanction from the appropriate authority is required before criminal proceedings can be initiated against a public servant under this exception.

Analysis regarding the judicial and executive acts

The judicial act exception under the Indian Penal Code (IPC) serves an important role in protecting public servants, including judges and magistrates, from frivolous or malicious lawsuits arising from actions taken in good faith in the discharge of their official duties. This exception helps to ensure that public servants can carry out their duties without fear of legal harassment, which is essential for the effective functioning of the justice system.

However, the scope and application of the judicial act exception under Section 197 of the IPC have been the subject of debate and legal interpretation in several cases. Some critics argue that this exception provides too much protection for public servants, allowing them to escape accountability for actions that may have been taken in bad faith or outside the scope of their official duties.

Issues

The scope and application of the judicial act exception under Section 197[6] of the IPC have been the subject of legal interpretation in several cases, with some critics arguing that this exception provides too much protection for public servants and allows them to escape accountability for actions taken in bad faith or outside the scope of their official duties.

For example, the Supreme Court of India has held that the judicial act exception under Section 197 of the IPC applies only to acts performed by a judge in the exercise of judicial or quasi-judicial functions, and does not cover acts performed in administrative or executive capacities. This interpretation helps to ensure that public servants are not immune from prosecution for acts taken in bad faith or outside the scope of their official duties.

Another issue with the judicial act exception under Section 197[7] of the IPC is that it requires prior sanction from the appropriate authority before criminal proceedings can be initiated against a public servant. In some cases, this requirement has been criticized for being too burdensome, as it can result in delays in prosecuting public servants for criminal offences.

Suggestions regarding the judicial and executive act exceptions of IPC

One suggestion to address these concerns could be to clarify the definition of “good faith” under Section 197 of the IPC so that it better captures the essence of what constitutes an act performed in good faith. This could help to ensure that public servants are not immune from prosecution for acts of bad faith or malicious intent.

Another suggestion could be to provide a mechanism for the review of decisions regarding prior sanction for prosecution under Section 197 of the IPC so that individuals who believe that they have been wrongly denied the right to prosecute a public servant can have their case heard and reviewed.

Overall, it is important to strike a balance between protecting public servants from baseless lawsuits and ensuring accountability for actions taken in bad faith or outside the scope of their official duties. A careful review and re-evaluation of the judicial act exception under Section 197 of the IPC, along with the suggestions outlined above, could help to achieve this balance.

Importance and need in the present scenario

The judicial and executive act exceptions under the Indian Penal Code (IPC) serve an important function in protecting public servants from baseless or malicious lawsuits arising from actions taken in good faith in the discharge of their official duties. These exceptions ensure that public servants can perform their duties without fear of legal harassment, which is essential for the effective functioning of the justice system and the administration of government.

However, the scope and application of these exceptions have been the subject of debate and legal interpretation in several cases, with some critics arguing that they provide too much protection for public servants and allow them to escape accountability for actions taken in bad faith or outside the scope of their official duties.

To address these concerns, suggestions have been made to clarify the definition of “good faith” under Section 197 of the IPC and to provide for a mechanism for review of decisions regarding prior sanction for prosecution. A careful review and re-evaluation of the judicial and executive act exceptions under Section 197 of the IPC could help to strike a balance between protecting public servants from baseless lawsuits and ensuring accountability for actions taken in bad faith or outside the scope of their official duties.

Conclusion

In summary, the judicial and executive act exceptions under the IPC play a crucial role in the functioning of the justice system and the administration of government, but it is essential to ensure that they are applied in a manner that balances the protection of public servants and the need for accountability. The judicial act exception under the Indian Penal Code (IPC) is an important provision that provides immunity from criminal prosecution for public servants, including judges and magistrates, for acts performed in good faith in the discharge of their official duties. This exception is intended to protect public servants from frivolous or malicious lawsuits, which could have a chilling effect on the administration of justice.

To address these concerns, some have suggested that the definition of “good faith” under Section 197 of the IPC be clarified so that it better captures the essence of what constitutes an act performed in good faith. Additionally, a mechanism for review of decisions regarding prior sanction for the prosecution could be established, to ensure that individuals who believe that they have been wrongly denied the right to prosecute a public servant have their case heard and reviewed.

In conclusion, while the judicial act exception under the IPC serves an important function in protecting public servants from baseless or malicious lawsuits, it is important to ensure that it is applied in a manner that balances the protection of public servants and the need for accountability. A careful review and re-evaluation of the judicial act exception under Section 197 of the IPC, along with appropriate reforms and clarifications, could help to achieve this balance.


Endnotes:

  1. Indian Penal Code, 1860, Act no. 45 of 1860
  2. Indian Penal Code, 1860, Sec. 76, Act no. 45 of 1860
  3. R. Rajagopal v. State of Tamil Nadu, 1994 SCC (6) 632
  4. State of Maharashtra v. Narayan Dattatraya Apar, (1981) 83 BOMLR 553
  5. K.R. Lakshmanan v. State of Tamil Nadu, 1996 SCC (2) 226
  6. Indian Penal Code, 1860, Sec. 197, Act no. 45 of 1860
  7. Ibid

This article is written by Prashant Prasad, a second-year law student from University Law College.

About the Organization

Xiaomi was founded in 2010 by serial entrepreneur Lei Jun, who believes that high-quality technology doesn’t need to cost a fortune. We create remarkable hardware, software, and internet services for and with the help of our Mi fans. Every company has a mission. Ours is to bring ‘Innovation for Everyone.’ Having a global presence, and being a tech behemoth, Xiaomi moved up 72 spots ranking #266, in the ‘Fortune Global 500’ list for the 4th consecutive year.

Intern Job Responsibilities

Conduct legal research in areas as diverse as company law, payment-related laws, competition law, intellectual property laws, IT and privacy law, legal metrology, arbitration and conciliation law etc..

Intern Job Duties

Work with the legal team to draft and review various agreements including novation agreements, brand license agreements, software license agreements, co-branding agreements, non-disclosure agreements, terms of service documents, marketing agreements, master services agreements, franchise agreements, IP licensing agreements, lease agreements, other commercial and technology-related agreements.

Desired Candidate Profile

  • Good Legal knowledge
  • Pursuing BBA LLB
  • Good communication skills
  • Prior Internship experience
  • Qualification – LLB Graduate (3rd year and above)

Skills

Communication skills, legal etc

Full-time or Part-time

Full Time

Travel

No

Location

Bangalore

To apply, click here

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This is a call for a paid internship opportunity for the month of March-April 2023.

Duties and Responsibilities

The work includes drafting, research & filing concerning commercial laws (IBC, Companies Act, etc.), tax laws (GST, Income Tax, etc.), civil laws (CPC, Contract, Arbitration, consumer, property disputes, RERA, etc.) & white collar crimes before the High Court, district courts, tribunals, etc. in Delhi-NCR.

No. of Positions

The opportunity is open for 2 candidates at the moment.

Requirements

  • The candidate should be at least in the 4th/5th year of a 5-year law course or the final year of a 3-year law course.
  • The candidate should have a preliminary knowledge of basic commercial and/or civil laws/concepts & a zeal to learn/apply their mind.
  • They try to make the internship a valuable experience for the candidate with extensive discussions, learnings & delegation.
  • The candidate will have to attend office & courts with the liberty to work online after prior discussion.

Location

The office is at Lajpat Nagar, Delhi.

Application Procedure

Interested candidates may apply by sending their CVs along with published articles/research papers/writing samples on any subject (mandatory) to mail@deepakjoshi.in on or before 26.02.2023 i.e. Sunday. Only those emails will be considered which include “Internship – March & April 2023” in the subject line. Shortlisted candidates will be interviewed on or before 28.02.2023.

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AK & Partners is a collaboration of new-generation advocates who believe that transaction advisory and dispute resolution go beyond applying laws of jurisdiction to factual situations. The firm believes that businesses in present times deserve techno-commercial, legal advisory aligning with international best practices. Legal advice should not only be legally correct but commercially and financially feasible with a focus on risk management.

They are now accepting applications for internships for the month of March 2023.

Tenure

A minimum period of 30 days

No. of Positions

Two

Mode of Internship

Selected candidates would be required to join and attend the office in New Delhi from Monday to Friday 10 AM to 8 PM and on Saturdays 10 AM-6 PM.

Applications Process

Interested candidates are requested to send their updated CVs with one writing sample to recruitment@akandpartners.in and mention ‘Application for internship- March’ in the subject line.

Note: They are accepting students from the third year and onwards.

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About the Advocate

Advocate Sattyajeet Karale Patil is one the top three youngest advocates in India, practising in crimes, Narcotics, cyber law, family, consumer and other arenas. He is enrolled with the Bar Council of India and the Bar Council of Maharashtra & Goa.

Vacancy

09 interns

Mode of the Internship

Hybrid (Virtual/Offline)

Duration

2 months

Application Procedure

Send your RESUMES at +91 7977564462 before 26th February 2023

Note – Applicants will be selected through ONLINE INTERVIEW only.

Contact details

Mahenoor Khan (Associate): +91 7977564462

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About the Internship

Drafting petitions along with research work related to Criminal & Constitutional matters.

ELIGIBILITY

3rd , 4th Years of 5-year course , 2nd-3rd years of 3 year course

Mode of Internship

Virtual/online

Application Procedure

Please send your CV along with the cover letter on advrajnigupta3@gmail.com

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About the College

Symbiosis Law School (SLS) Hyderabad was established in 2014 under the auspice of Prof. Dr. S.B. Mujumdar, inheriting a legacy of novelty, dynamism, and excellence in the field of education as a constituting unit of Symbiosis International (Deemed University), Pune. SLS Hyderabad, founded on the pillars of expertise, justice, and service, is committed to imparting quality legal education while conforming to acclaimed international standards, ably led under the aegis of Director Dr. Santosh Aghav.

About the event

Cyberspace is an ever-expanding arena of innovation and rapid technological development. This seminar aims to provide a platform to bring various stakeholders together to assess and discuss the current emerging technological trends in cyber law and cybersecurity, along with providing their unique insights through suggestions, predictions, and recommendations arising out of these trends.

Theme

“Emerging Technological Trends in Cyber Law and Cyberspace Regulation”

Sub Themes

The following sub-themes are only indicative:

  • Regulation of Artificial Intelligence (AI) in India
  • Cyber Developments through Metaverse
  • New methods of imposing International Taxation on e-Commerce Transactions
  • The legality of Blockchain Technology in Commercial Transactions
  • Intermediaries and Data Protection
  • Emerging Technological challenges in Cybercrime Investigations In India

Call for Papers

Well-researched original papers and case studies are invited from academics and scholars, researchers and students of multi-disciplinary. Only one co-author is permitted. All papers shall be scrutinized through a blind review by the Editorial Board. All papers shall be subjected to the anti-plagiarism software ‘TURNITIN’. Selected papers will be published by the college.

Registration Fee

The method of payment of the Registration Fee will be intimated to the participants whose abstracts have been selected.

  • Students or Scholars: ₹1,000 for the single author; ₹1,500 for a co-author.
  • Professionals or Academicians or Research Scholars and Teachers: ₹1,500 for the single author; ₹2,000 for a co-author.
  • Internal Participants: ₹500 for the single author; ₹1,000 for the co-author.

Important Dates

  • Abstract Submission: 4 March 2023
  • Notification of Selection of Abstract: 6 March 2023
  • Last Date for Payment of Registration Fee: 30 March 2023
  • Submission of Completed Papers: 30 March 2023
  • Date of National Seminar: 8 April 2023

Awards and Recognition

  • Winner of the Best Paper Presentation Award – Rs. 2,500/- (SLSH) + Rs. 5,000/- (TEMPUS) + Trophy + An internship at the Tempus Law Office, Hyderabad.
  • Winner of the Best Paper Award – Rs. 2,500/- (SLSH) + Rs. 5,000/- (TEMPUS) + Trophy + An internship at the Tempus Law Office, Hyderabad.

Official Brochure

Contact details

Student Convenor, Gayathri Viswan K: +91 62828 48466
Student Co-Convener, Varsha Khowala: +91 98303 78852
Email ID:  cscls@slsh.edu.in

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