Tag: #legal

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About the Internship

As an intern you are required to :-

• engaging with our legal and compliance department in-house
• Researching and producing notes and memos on a wide range of laws
• Helping with legal papers for ongoing business and investment activities
• Working on any additional duties that the team may allocate

Location for Internship

Mumbai

Openings

1 Intern

Eligibility

• are open for a full time(in-office)/internship
• The candidate should either be in the 4th/5th year of a 5-year law course, or in the final year of a 3-year law course and should be willing to work from the office (Vile Parle, Mumbai).
• can begin between June 2^nd  and July 7^th , 22
• open for a 1-month internship
• have suitable talents and interests

Perks

• Certificate
• LOR
• Flexible working hours
• Informal dress code

How to Apply?

Interested candidates may apply from here:- https://www.linkedin.com/jobs/view/3109618421

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About the Company

In the area of real estate attorneys in Mumbai, Adv. Vandan Kumar Singh & Associates in Malad East, Mumbai is a top player. This well-known establishment serves as a one-stop solution for consumers from all around Mumbai. This company has created a strong presence in its area during the term of its lifetime. The concept that client pleasure is just as vital as their goods and services has helped this business build a large client base that is still growing by the day.

About the Internship

As an intern, you would help in: –

• Assist on drafting  
• coordinating court appearances
• Conduct day-to-day tasks

Eligibility

• are willing to work full-time (in-office,Mumbai) internship
• could commence the internship between May 29th and July 3rd,2022.
• Open for a 6-month internship, and have necessary talents and interests.

Perks

• Certificate
• Letter of Recommendation.

How to Apply?

Interested candidates may apply from here:- https://www.linkedin.com/jobs/view/3100069702

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

For regular updates, we can catchup at-

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https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WK

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https://t.me/lexpeeps

LinkedIn:

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Case Number

Criminal Appeal No. 329/2021

Equivalent Citation

2021 SCC OnLine SC 230

Bench

• Justice S Ravindra Bhat
• Justice AM Khanwilkar

Decided On

March 18, 2021

Relevant Act/Sections

• Section 376 of the Indian Penal Code, 1860
• Section 506 of the Indian Penal Code, 1860

Brief Facts & Procedural History

The petition was filed by Advocate Aparna Bhat and eight other lawyers in response to an unjustified order issued by the Madhya Pradesh High Court on July 30, in which the accused of sexual assault was ordered to visit the victim’s home on the occasion of Raksha Bandhan with Rakhi and be tied by her as a condition of bail. The accused, who is a neighbour of the complainant Sarda Bai, entered her house on April 20, 2020, and attempted to sexually harass her, prompting the filing of (hereafter referred to as IPC). After the case was investigated, a charge sheet was filed. Under section 438 of the Code of Criminal Procedure, the accused filed an application for anticipatory bail (hereafter referred to as Cr.P.C.) The accused was granted bail by the Madhya Pradesh High Court on the affliction that he and his wife visit Sarda Bai’s house on the occasion of Raksha Bandhan on August 3, 2020, with a package of sweets and ask her to tie the Rakhi to him with the pledge that he will protect her to the best of his ability in the future. The accused was also directed to hand up Rs. 11,000 as a gesture of gift given by brothers to their sisters as part of the customary Raksha Bandhan rites, which the petitioners have challenged before the Hon’ble Supreme Court.

The petitioner filed a writ plea in the Supreme Court of India against the Madhya Pradesh High Court’s order. The following prayers were included in the petition:

1. The Supreme Court directed the High Courts and trial courts not to make such observations in situations of rape and sexual assault which would trivialize the anguish endured by the victim and impair their dignity.
2. The courts should not aim at compromises such as encouraging marriage between the accused and the prosecutrix and it should not be considered a judicial remedy. Compromises like this go against a woman’s honour and dignity. The petitioner cited the case of State of Madhya Pradesh v. Madanlal¹ in support of his claim.
3. The appellants further urged that no judge make any remarks or observations in the ruling that would reflect their prejudices and harm the woman’s dignity.
4. In circumstances of sexual assault, no such restriction should be imposed that permits the applicant to see the complainant or her family members. The court was requested to provide gender sensitization directives for the bar and bench, as well as law students.
5. Also, under Sections 437 and 438 of the Cr. P.C, the court was asked to set instructions on legally feasible bail terms.

Issues before the Court

• Can a compromise be struck between the accused and the victim in such instances?
• Is it acceptable for courts to issue such orders, and if so, what effect will such judgments have on society?
• Do such directions constitute to conduct of the trial in an unfair manner?
• Can the accused be permitted to meet the survivor or any of the members of her family?
• What, most importantly, should be the guidelines that courts should follow when granting bail and anticipatory bail?

Decision of the Court

In rape and sexual assault cases, the court clarified that no compromise can be made or even considered under any circumstances because it would be against her honour. Courts and other law enforcement authorities are intended to be neutral agencies and are tasked to guarantee the fair conduct of the trial by preserving impartiality and neutrality. And such techniques in rape and sexual assault trials would shatter rape survivors’ faith in the court’s impartiality. The court also noted that women’s status and society’s attitude toward them are both poor, and they suffer greatly. They are already experiencing numerous problems in their life for being a woman in our culture.

Judgements set precedents that the entire society adopts at different stages: By judicial decree, orders such as tying Rakhi on the accused’s wrist transform the molesters into brothers, reducing and degrading the charge of sexual harassment. Therefore, the use of reasoning/language which lessens the offence and seeks to belittle the victim is notably to be avoided under all circumstances. The law does not allow or condone such behaviour, in which the survivor may be traumatized several times or forced into some form of non-voluntary acceptance, or be pushed by circumstances to accept and condone behaviour that is a major violation.

The petitioners urged that the High Court’s decision should be overturned. The petitioners argued that Sections 437 (3)(c) and 438(2)(iv) of the CrPC permit courts to impose whatever condition they see proper in the public interest, but that the conditions must be consistent with the other provisions. When considering cases of rape and sexual assault, the court in Ramphal v. State of Haryana² concluded that compromise is irrelevant. The petitioner also requested that no judgement or order be passed by the court that could affect the dignity of women or the fair and unbiased conduct of trials, citing several cases where the apex court has rejected the idea of compromise on the grounds that it is antithetical to the woman’s honour and dignity and that it disparages and downgrades otherwise heinous crimes, implying that such offences are remediable by the judicial system.

The intervenors’ counsel argued that the court had the competence to impose sanctions under Sections 437(2) and 438. Requirements come in a broad variety of forms, and the court cited a number of cases in which judges imposed specific conditions for granting bail.

In its order, the Supreme Court framed various guidelines. These are as follows:

1. Contact between the accused and the complainant should never be allowed as a condition of bail, and if bail is granted, the complainant should be informed as soon as possible, along with a copy of the bail order being delivered to her within two days.
2. Bail conditions must precisely adhere to the stipulations of the Cr.P.C., and the order shall not represent patriarchal attitudes toward women.
3. Any offer to the accused and victim for a compromise, such as getting married or mandating mediation, should be ignored since it is outside the court’s authority.
4. The court has ordered a module as part of every judge’s basic training to ensure that judges are sensitive while considering cases involving sexual offenses and to minimize ingrained societal bias and sexism.
5. The National Judicial Academy has also been urged to integrate gender sanitization as soon as feasible in the training of young judges.
6. Similarly, the Bar Council of India has been mandated to incorporate gender sanitization in the LL.B. curriculum and as a mandatory topic in the All-India Bar Exam syllabus.

The Supreme Court commended the petitioner for his insightful ideas and overturned the Madhya Pradesh High Court’s bail terms. The court has established certain criteria in this regard. It also agreed to the recommendations for a gender sensitization curriculum in law schools, as well as for the bar exam and introduction training for newly appointed judges.

Conclusion

The victims of sexual abuse have always been blamed on Indian society. Women have been questioned repeatedly about their behavior, clothing choices, attitude, and when they plan to leave their homes. During trials, judges have frequently reinforced this practice by questioning the victim and making remarks that stereotype particular behaviors and threaten to disrupt the trial. With the Supreme Court openly criticizing such behavior on the part of the courts, hope for judicial reform has been reignited. Gender sensitization seminars will also aid in raising awareness of the issue among legal professionals.

By delivering this order, the Supreme Court has established a significant precedent for courts to follow in dealing with sexual assault victims in the future. Discussing the faults of a patriarchal culture has set an example for its enormous audience. This will go down in history as a significant step toward women’s independence. It is hoped that if the standards are followed, we will not see such arbitrary conditions in judicial orders in the future.

Almost certainly that judges assume the most essential part as the educator, as the defender, and as the watchman, and anything they say turns into the points of reference that is then trailed by lower courts in their decisions, and consequently it turns out to be vital for the judges to take the most extensive level of care while offering any expression which influences the actual premise of legal executive and confidence of individuals. In cases connected with the assemblage of ladies and particularly in sexual offenses cases, even little mistakes either as a judgment or any assertion made by courts might prompt genuine offense against the survivors. There have been different examples of orientation related cases as of late when courts have believed the victim to make split the difference by permitting the accused to marry her or as in the present case by requesting him to get Rakhi tied on his wrist by the victim or by making some other split the difference as the court might coordinate. Such translations are horrendous in nature and show the quality of judges towards the ladies yet as it is said Judiciary is a self-recuperating process, present judgment by Supreme Court validated the explanation. Outlining the guidelines for orientation sterilization and adding it to the curriculum of LLB will assist the legal advisors with instilling the impartial and nonpartisan quality towards the ladies which will most likely assist the victims in fair direct preliminary with practically no dread on their part.

Intentional or otherwise, such comments by trial courts and high courts should be avoided at all costs. Judicial stereotyping is another term for this. When judges attach specific attributes to someone based on their gender, religion, caste, or race, this is known as judicial stereotyping. Judges often reinforce hazardous prejudices as a result of this, rather than questioning them as they are intended to. Because of the vast audience that court declarations serve; such remarks can have a greater social impact. Stereotyping also has the potential to undermine the judge’s impartiality, obstructing a fair trial. Creating rape myths or an idealized picture of a sexual assault victim also undermines the incident’s credibility and the harm suffered by survivors of sexual assault who do not fit the public image of a chaste lady.

Women are underrepresented in the legal profession, and women lawyers frequently experience discrimination and discriminatory remarks. As a result, in order to assure gender-biased-free judgments, the first step should be to create an equal environment within the institution and raise awareness about the issue. The answer to these ills comes from public discourse and keeping organizations with the potential to make a difference responsible. Such sexist judgments should be condemned and held up as an example of what is not acceptable behavior.

Citations:

1. (2015) 7 SCC 681
2. 2019 SC 1716

This case analysis is done by Arryan Mohanty, a 2nd Year Student student of Symbiosis Law School.

Case Number

CRL.A. 157/2013

Equivalent Citation

247 (2018) DLT 31

Bench

Justice S Muralidhar, Justice IS Mehta 

Decided On

November 30, 2017

Relevant Act/Section

• Code of Criminal Procedure, 1973
• The Indian Electricity Act, 1910
• The Indian Penal code
• The Companies Act, 1956

Brief Facts and Procedural History

An exhaustive judgment given on September 15, 2016, allowed the allure. Notwithstanding, on that date, the Court gave a different choice featuring three worries that emerged in a bigger setting and selected Prof. (Dr.) G.S. Bajpai, Professor of Criminology and Criminal Justice and Registrar, National Law University, Delhi, as amicus curiae to give guidance.

Issues before the Court

• Is the substantive law and procedure relating to the default in payment of a fine?
• Whether the existing law on suspension of sentence under Section 389 CrPC?
• Whether there is any provision that may enable the Court to suspend the order of conviction as normally what is suspended is the execution of the sentence?

Decision of the Court:

The Supreme Court communicated in Palaniappa Gounder v. State of Tamil Nadu¹ that “the fine discipline ought not to be pointlessly lavish”.

“However, there is the capacity to integrate a sentence of death or life imprisonment with a sentence of fine,” it was added. “That power should be polished with caution, considering that the life sentence is an outrageous discipline to force, and adding a fine to that grave discipline is not completely resolved to fill any accommodating need.”.”

The Supreme Court reaffirmed on account of Shantilal v. the State of M.P. that there was a total abuse of the arrangement of frameworks in Sections 63 to 70 IPC, causing legal to notice the instance of Shahejadkhan Mahebubkhan Pathan v. the State of Gujarat, where the Supreme Court totally abused the arrangement of frameworks in Sections 63 to 70 IPC.

Nonetheless, detainment for non-installment of fines is in another equilibrium. In the place where such a sentence is implemented, an individual is supposed to be detained in light of the fact that the person can’t pay the fine or won’t pay the fine. We are of the assessment that it is the occupant of the Court to keep an assessment of the case, the conditions under which it is held, the area of the case, the litigant, and other significant contemplations, for instance, the monetary conditions of the respondent in regard of and how much the offense prior to requesting that the culprit endure detainment when the individual in question is fined. The arrangements of Sections 63 to 70 of the IPC specify that the punishment rate ought not to be brutal or nonsensical. We additionally stress that in the case of a basic term of detainment, outlandish fines ought not to be forced by some other means than uncommon offenses. “

Clearly, no preparation is honored with use and purified in time that can’t be permitted to win in a circumstance where it attempts to cause disgrace. Each activity of the Court should be trailed by its governmental policy regarding minorities in society because of authentic worries about uniformity. Preparing not to give bail to an individual condemned to life detainment was going on in the High Courts and in this Court on the premise that assuming an individual is considered fit for preliminary and condemned to life detainment, the person ought not to be delivered. , as long as his endless sentence can be saved, yet the fundamental reason for this preparing was that the enticement of such an individual would be disposed of throughout some undefined time frame, so it was expected that he, at last, appeared to be dependable, he would have no need to endlessly remain in jail. The thought of this preparation may not have any significant bearing in the event that the Court isn’t in that frame of mind of interest for five or six years. Without a doubt, it would be a wrongdoing to compare and save an individual from jail for a time of five or six years for wrongdoing that at last seems to have not been carried out. When could the Court at any point pay him for his apparently outrageous captures? It would be fair regardless for the Court to tell the person: “We have admitted your enchantment as we suspect you are at legitimate fault for your appearance, yet tragically we have not had the potential chance to hear your temptation for a long time and, subsequently, up to this point. We hear your enticement, you ought to remain in jail, regardless of the way that you are straightforward? “the adjudicator could never have been overwhelmed by regret while eliminating such an individual in the wake of hearing the enticement? Could it not be an assault on his feeling of equity? in the past it ought to be reconsidered for quite a while as this Court isn’t in that frame of mind of hearing the temptation of the denounced as soon as possible, the Court ought to, except if there is valid justification to make a move regardless, delivering the indicted individual in situations where exceptional leave is taken into account the respondent to apply for conviction and sentence. “

Section 389 (1) states that in the repercussions of any allure against a respondent, the Court of Appeal may because it must be recorded as a held duplicate, demand that the sentence or allure be suspended in like manner, guaranteeing that he had the power, to be delivered on bail, or on his bond. This proviso acquaints the non-select power with suspending the condemning and award bail and notwithstanding suspending the activity of the basic allure.

This issue was completely inspected by a three-judge bench of this Court in Rama Narang v. Ramesh Narang and Ors.²

The legal position, appropriately, is clear that the Court of Appeal may suspend or grant an application for sentencing. However, the person wishing to remain guilty must clearly state the consideration of the Court reversing the consequences of his or her conviction. Unless the Court’s decision is based on the possible consequences of a conviction, the convicted person will not be able to apply for conviction. In addition, the reward for remaining guilty can be converted to extraordinary cases depending on the shocking facts of the case. “

The legal status of the Supreme Court under Section 389 of the CrPC is very clear, it is enough for this Court to repeat it.

There is a real need, right, for a formal (proper) administration to provide relief and rehabilitation for the injured through extrajudicial executions and arrests. Whether this should be a law that governs everything or a system that specifically addresses the needs of the survivor, and those who are unjustly imprisoned, including the family and guardians of the detainee, or these should be governed by different rules or arrangements for discussion, consideration, and consultation with The purpose of the article is to pay for those who are unjustly detained, questions about the circumstances and circumstances in which such assistance can be obtained, in what structure and at what stage and are matters for consideration. This is the best work left in the main case of a body tasked with informing government officials of control measures expected to fill an undeniable hole.

The Court, appropriately, compels the Indian Law Commission to attempt a thorough investigation of the matter referred to in paragraphs 11 to 16 of this application and to make its recommendation to the Government of India.

Conclusion

In this case, the Delhi High Court expressed profound concern over the plight of innocent people who have been unfairly convicted and imprisoned for crimes they did not commit. The Court emphasized the urgent need for a legislative framework to provide relief and rehabilitation to victims of wrongful prosecution and incarceration and urged the Law Commission to conduct a thorough review of the aforementioned issues and submit recommendations to the Indian government.

In the current state of the criminal justice system in the country, an adequate reaction from the state to victims of a miscarriage of justice resulting in erroneous prosecutions is absent. There is also no statutory or regulatory framework detailing the state’s approach to the problem.

According to the solicitation made by the court, the Law Commission of India introduced a report to the Government of India in August 2018 named “Wrongful Prosecution (Miscarriage of Justice): Legal Remedies.” In this paper, the point is analyzed with regard to the Indian law enforcement framework, and the expression “wrongful prosecution” is suggested as the limit for a miscarriage of justice, rather than “wrongful conviction” and “wrongful imprisonment.” ‘Wrongful prosecution’ alludes to circumstances in which the blamed isn’t blameworthy for the wrongdoing, however, the police and additionally prosecution are occupied with bad behavior in exploring or potentially indicting the individual.

It would cover both cases in which the person served time in jail and those in which he did not; as well as those in which the accused was found not guilty by the trial court or was convicted by one or more courts but was ultimately found not guilty by the Higher Court. The report provides an outline of the various legal remedies and evaluates their shortcomings (also noted by the High Court in the aforementioned Order).

As a result, the Commission recommends enactment of a specific legal provision for wrongful prosecution redress – to provide monetary and non-monetary compensation to victims of wrongful prosecution within a statutory framework (such as counseling, mental health services, vocational / employment skills development, and so on). The Report lays out the core principles of the proposed framework, including defining “wrongful prosecution,” or cases in which a claim for compensation can be filed, naming a Special Court to hear these claims, the nature of the proceedings – timelines for deciding the claim, etc., financial and other factors to be considered in determining compensation, provisions for interim compensation in certain cases, and removing disqualification due to wrongful prosecution.

Hence, a legal (ideally legislative) framework for giving relief and rehabilitation to victims of wrongful prosecution and incarceration is urgently needed. In addition to the topic of paying persons who have been unfairly imprisoned, consideration should be given to the situations and conditions under which such relief would be available, as well as the form and stage at which such relief would be provided.

Citations:

1. (1977) 2 SCC 634
2. (1995) 2 SCC 513

This case analysis is done by Arryan Mohanty, a 2nd Year Student student of Symbiosis Law School.

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.

Intellectual property rights play an important role in a country’s development. Every country’s intellectual property legislation is distinct. The tight implementation of the IPR role contributes significantly to economic growth in many industrialized countries. Intellectual property rights encourage innovation, which in turn results in economic progress. Every firm in the world today is because of innovation. How important the IPR laws are has been recognized in the modern era. In the present day, it is not just innovation, but also the name that matters. The name has a lot of goodness affixed to it. Brand names are sold by some businesses for a large sum of money. There is a significant impact of Intellectual property rights on a country’s economic development. In terms of economic development, the IPR can play both a detrimental and a good role.

INTRODUCTION

Intellectual property is defined as property created by the human mind and intellect. Intellectual property, as well as the rights associated with it, is becoming increasingly valuable. Both the state and the national economies rely heavily on intellectual property (IP). Hundreds of businesses rely on the proper protection of their patents, copyrights, and trademarks, while the consumers utilize IP to assure they are buying safe, guaranteed products. Intellectual property rights, we feel, are critical to protecting both at home and abroad. The legal rights are granted to the person who has invented or created something new and unique that has never been done before and the legal rights are granted to the person or his delegate for a set period of time to fully exploit that particular idea.

Owners of intellectual property are granted certain rights that allow them to enjoy their property without interruption and prevent others from utilizing it. These rights, known as “monopoly rights of exploitation”, are limited in geographical extent, time, and scope.

And because of this, there is a direct and significant impact of intellectual property rights on industry and business since IPR owners can defend their rights and prevent the manufacture, use, or sale of a product to the general public. IP protection promotes commercial enterprises to pick creative works for exploitation by encouraging distribution, publication, and disclosure of their production to the public rather than keeping it a secret.

INTELLECTUAL PROPERTY RIGHTS IN INDIA

One of the UK’s most important international markets is India. If you plan to conduct business in India, or if you already do business there, you must understand how to utilize, protect, and enforce your rights to intellectual property (IP) that your company or you own. This guide covers the basics of intellectual property and how to use these propositions in the Indian market. It explains how to deal with IP infringement in this country, gives guidance on how to deal with it efficiently, and provides links to more resources.

Copyright protects published or written works such as songs, books, films, artistic works, and web content; Patents protect commercial inventions, such as a new business product or process; Designs protect designs, such as drawings or computer models; and Trademarks protect signs, symbols, logos, words, or sounds that distinguish your products and services from those of your competitors.

It is possible to have a registered or unregistered IP address.
You instantly acquire legal rights to your creation if your IP is unregistered. Unregistered design rights, copyright, database rights, common law trademarks, confidential information, and commercial secrets are all examples of unregistered IP.

Application is to be given to an authority, like the Intellectual Property Office located in the United Kingdom, to have your rights recognized if you have registered IP. Others will be able to exploit one’s property if it’s not done so.
India has, as a fact, been a member of the World Trade Organization (WTO) since 1995. WTO members are required to provide some form of protection of intellectual property in their national legislation. This implies that if you do business with India, you’ll notice certain parallels between enforcement procedures and local IP law and those in place in the United Kingdom. Patents, registered design rights, and registered trademarks can be taken as examples of registered intellectual property. Copyright can also be registered.

India has signed the Berne Convention on Copyright. However, registering your copyright may be beneficial in proving ownership in the event of criminal proceedings against anyone who fringes this right.
However, in most circumstances, registration is not required to pursue a copyright infringement suit in India.
The Copyright Office accepts registrations in person or through a representative. Since 2016, India’s Ministry of Commerce and Industry has been in charge of copyright policy. All IPRs (DIPP) are now being managed by the Department of Industrial Property and Promotion. In India, if there is any piracy of films, music, games, and software on the internet, as well as unauthorized copying of physical books, is a problem.

The Patents Act of 1970, the Patent Rules of 2003, and the Patent Amendment Rules of 2016 govern the patent law in India. just as how they are in the United Kingdom, utility model patents are not permitted in India. The Patent Registrar is the governing authority for patents and is part of India’s Ministry of Commerce and Industry’s Controller General of Patents, Designs, and Trade Marks. For 20 years, Patents are valid from the filing date of the application, with an annual renewal charge. The ‘first to file’ concept governs Indian patent law, which means that if are two people who are applying for a patent on the same invention, the first to file will be granted the patent.

The Designs Act of 2000 and the Designs Rules of 2001 are the legislation that governs designs. For ten years, Designs are valid and can be renewed for another five years.

The Trade Marks Act of 1999 and the Trade Marks Rules of 2002 and 2017 make up India’s trademark legislation.
The Controller General of Patents, Designs, and Trade Marks is the regulatory authority for patents.

The Department of Industrial Policy and Promotion (DIPP) is a government agency tasked with promoting. Now, the police have additional authority in executing the law.

Trademark law, includes the right to examine premises and confiscate counterfeit items without a search warrant, However, these abilities are limited by the necessity that the police obtain a Trade Mark. Before acting, obtain the Registrar’s opinion on the mark’s registration, adding to the wait time and causing problems; resulting in the removal or sale of counterfeit goods.

In India, trade names are also a type of trademark, hence those who want to trade under their own title/surname are under protection, notwithstanding the existence of other trade names. Because of the common practice of ‘cybersquatting,’ which involves third parties registering domain names for well-known marks in order to sell them to the original rights holders, it is recommended that rights holders register their domain names as trademarks in India as soon as feasible. To complete the registration process, it can take up to two years. In India, a trademark is valid for ten years and can be renewed indefinitely for another ten years.

RELATIONSHIP BETWEEN INTELLECTUAL PROPERTY RIGHTS AND ECONOMY

In the economy, the intellectual property serves the following functions:
To give the creator exclusive rights and to preserve the creator’s interests, as well as to stimulate investment in information development and research;
Prohibit competitors or anyone else from abusing or misusing the property if the creator’s authorization has not been given; and#\
To develop a market for any kind of invention in order so that can be put to good use and inspire others to innovate and create.

It is now more cost-effective to incorporate fresh creations and ideas because they have a direct impact on the product’s material cost. As a result, it is critical to keep up with technological advancements and innovation. If there is a good IPR regulation in place to safeguard people’s interests, it will deter others from exploiting the same. Enforcement of good law matters just the same as its existence. It’s pointless to have strict legislation if it can’t be efficiently enforced. Loopholes and weak legislation can be abused and exploited, resulting in a lack of innovation. Individuals must be discouraged from exploiting intellectual property under IPR law.

IPR now gives the property’s owner or creator exclusive rights. There is complete control over the fair market value by the owner and he can sell them to anyone. A healthy return to developers will drive him and others to come up with new ideas, and we can all benefit from it. This right, however, can be exploited by the owner, who can charge far more than the marginal cost. This privileged status has the potential to create a market monopoly. Monopoly leads to unfairness and an imbalance in consumer and production markets. In the legal system, there are protections for intellectual property rights and antitrust. Competition plays a vital function in the market since it keeps the market in check and influences consumer happiness.

There are a few market giants who control the entire market. They have the resources and capacity to manipulate and control the market. The market is made up of consumers, producers, and developers, and IPR offers developers more rights and protection, which helps to keep the competition going. In the market, there should be a balance between the two. IPR can be used as an instrument to keep the market in check. IPR not only offers the owner exclusive rights, but it also allows him the authority to transfer his right of use to others, allowing him to permit anyone to use it in order for the exchange of money.

The positive aspect of this is that; a country like India, which is one of the world’s most developing economies, must concentrate on increasing market productivity. India has a long history of providing exceptional services to the entire world. Productivity can be boosted with better technology and processes. Innovation demands investment, and it demanded a sizable sum of money. These are costly, but they play a vital part in the investment. We may learn from industrialized countries like the United States and Japan, where the development rate grew fivefold when intellectual property rules were implemented.

There are now several ideas claiming that IPR has a negative impact on the economy. A trademark infringement in the 1980s, in China, had a severe impact on Chinese innovative businesses. Local businesses began to take advantage of the well-known corporation by creating counterfeit products and releasing them into the market.

Copyright infringements have a similar effect. In countries with lax copyright rules, pirate enterprises begin to take advantage of the market and the law. Even if low-quality or pirated versions are accessible on the market, technical advancement would be hampered, which will have a direct impact on the economy. Producers and consumers should both be enticed to invest in the market by IPR laws. This also ensures quality, which is critical for protecting customers’ interests. Customers may be at risk from counterfeit or imitation food products, beverages, pharmaceuticals, and cosmetics.

After the adoption of Trade-Related Intellectual Property Rights (“TRIPS”), the market began to shift. The act began by providing operating space and chances for businesses to innovate. In recent years, the private sector has begun to invest in development and research. In India, the number of patents filed has increased since TRIPS was implemented.

However, the major disadvantage of IPR is that it sometimes prevents technology from being used in the most appropriate way. The person holding the rights can occasionally abuse her or his position. They can charge whatever they want, and their innovation is protected by IPR, so it can’t be used by competitors. The most crucial aspect of an economy’s development is competition. The essence of competition maintains a check and balance on both pricing and product quality. On the other hand, IPR laws are anti-competitive. IPR legislation creates a market monopoly. It is pro-monopoly. Copyright, trademarks, and patents are all examples of laws that make it difficult for a competitor to use an idea.

Competition forces producers to consider the benefit and contentment of the consumer because if there is dissatisfaction, he or she will seek out other market competitors. The manufacturer can set any price he wants, and this has a direct impact on the market and the consumer. It would be due to the concept of the law of supply and demand, which defined that if the price is high, demand will be low. When, in the market, there is a monopoly however, this legislation does not apply. The consumer will have no other choice but to purchase the product at the producer’s set price. The producer is constrained to charge not exceeding the marginal cost due to competition.

CONCLUSION

Law is created for society and it’s not the other way around, every legislation is enacted for the improvement and benefit of society. Every law has both beneficial and negative consequences for society. Article 31 of the TRIPS Agreement allows for compulsory licenses to be granted in the following circumstances:

Anti-competitive practices in the benefit of public health in the event of a national emergency. As a result, the Intellectual Property Rights Act does not make the market inflexible while also keeping it dynamic in India.

This article is written by Tingjin Marak, a BA/LLB student at Ajeenkya DY Patil University Pune.

ABSTRACT

The article seeks to discuss and elaborate on the crimes committed against women through the lens of the Indian Penal Code.

INTRODUCTION

Indian Penal Code is a comprehensive code that integrates and codifies the criminal law of India. The Code prescribes punishment for offenses committed within India. IPC was basically the brainchild of the English government. The first law commission of India¹, which was established by the Charter Act of 1833, steered the drafting of IPC, under the tutelage of Thomas Macaulay in 1834. The drafting of the code was completed in 1850 and was presented to the Imperial Legislative Council in 1856 which was ultimately enacted by the Imperial Council on 6th October 1860. The Criminal Code was initially enforced only upon selected Indian States. However, after the Independence of India, the ambit of the act was gradually widened and it covered the entire Indian territory except for the State of Jammu and Kashmir, wherein, after the Jammu and Kashmir Reorganization Act 2019, the IPC came into force. The IPC is divided into 23 chapters, spanning 511 exhaustive sections. Each Chapter of IPC deals with a separate category of offense in the most elaborative and fastidious fashion.

Women are the building blocks of any society. They are synonymous with empathy, motherhood, empowerment, and development. However, like the men and children and other sections of society, the women too need the constitutional and legislative safeguard to protect their interests. Women, as a quintessential section of Indian society, have been vulnerable to myriad crimes. The patriarchal mindset of Indian society coupled with inequity and physical fragility, have jeopardized the interests of women.

IPC serves as an effective tool to serve the interests of all the sections of the society, especially the women, and thereby in that furtherance, categorically lays down descriptive code to punish the people for their crimes. It addresses some of the most rudimentary and fundamental issues concerning the safety of women in everyday life in length and breadth.

PROVISIONS OF IPC THAT DEAL WITH CRIME AGAINST WOMEN²

In order to proceed further, it is to be noted that Section 10 of IPC describes ‘women’ as female human beings of any age group.

1. OFFENCES AFFECTING LIFE

• Section 304B of IPC: Dowry Death.
  It prescribes that if the death of a woman is caused within 7 years of marriage due to bodily injury or burns and it could be shown that soon before her death she was subjected to cruelty by her husband or his relative, then such death would be deemed as dowry death and the punishment for the same would be imprisonment for a minimum term of 7 years, which could be extended to imprisonment for life.

2. OFFENCES INVOLVING MISCARRIAGE AND INJURY TO THE UNBORN BABIES

• Section 313:
  Miscarriage without Consent: Causation of miscarriage of a woman without her consent and good faith is punishable with a term of up to 10 years or with a fine, or both
• Section 315:
  Any act done explicitly and not done in good faith, leading to the death of a child after birth or preventing it from being born alive is punishable with a term of up to 10 years and a fine.

3. OFFENCES CAUSING HURT

• 326A: Voluntary Causing Of Hurt With The Use Of Acid
  Voluntary causation of grievous hurt by throwing/administering acid, that leads to permanent or partial deformity/ damage to any body part of the victim is punishable with a minimum term of 10 years which could extend up to life imprisonment and with fine
• 326B: Attempting To Throw Acid
  Any attempt to throw or administer acid to any person leading to permanent or partial deformity of any body part is punishable with a term ranging from 5 to 7 years and with a fine.

4. OFFENCES INVOLVING USE OF CRIMINAL FORCE AND ASSAULT

• Section 354: Outraging Modesty Of Women
  Intentional use of criminal force (assault) to outrage or likely to outrage the modesty of women is punishable with a term not less than 1 year, which may extend up to 5 years, and a fine.
• Section 354A: Sexual Harassment Of Woman
  Sexual harassment of women by physically touching her, making sexually colorable remarks/ expressions, showing pornography against her will, demanding sexual favors is punishable with a term ranging from 1 year to 3 years or fine or both.
• Section 354B: Use Of Force To Disrobe Women
  Use of criminal force to disrobe a woman or compel her to be naked is punishable with a term ranging from years to 7 years or fine or both.
• Section 354C: Punishment For Voyeurism
  To capture an image or watch women engaging in the private act where women would reasonably expect privacy is a punishable offense wherein the offender is liable with a term of up to 3 years of fine or both.
• Section 354D: Punishment For Stalking A Woman
  Stalking a woman by contacting or following her, or attempting to develop personal interaction against the will of the woman, except in cases of discharging legal or public duty, is punishable with a term of up to 3 years and a fine, which may extend up to 5 years.

5. OFFENCES RELATED TO ABDUCTION/KIDNAPPING

• Section 366A and Section 366B
  Both these sections deal with the procuration of a minor girl under the age of 18 years from any part of India or abroad respectively for the purpose of forcing her into illicit intercourse with another person is punishable for a term of up to 10 years and with a fine.
• Section 370
  Trafficking of a person by means of force, fraud, abduction, inducement, threat, or force for the purpose of exploitation of the victim with or without its consent is punishable for a term ranging from 7 years up to life imprisonment along with a fine, depending upon the grievousness of the situation and crime.
• Section 372 and Section 373
  Selling and buying of minors respectively for the purposes of above Sections, under the age of 18 years for the purpose of prostitution is punishable with imprisonment for a term of up to 10 years and fine.

6. OFFENCES INVOLVING SEXUAL CRIMES

• Section 375: Definition Of Rape
  This section defines rape. Rape is committed if a man applies his mouth or penetrates his penis/ any object or into mouth, vagina, urethra, or anus; or manipulates any body part of a woman so as to facilitate penetration against the will of the woman or with her consent by coercing/ putting her under fear/ deceiving her to be her lawful husband or under intoxication or when she is under 18 years of age.
• Section 376: Punishment For Rape
  Rape is punishable with a minimum term of at least 10 years and with a fine that may extend up to life imprisonment. Rape by police officers, public servants, members of armed forces, jail staffs, hospital staff, staff of remand home, persons exercising fiduciary relationship, is punishable with rigorous imprisonment of five to ten years, extending to imprisonment for natural life along with fine.
• Section 376A: Punishment For Rape Resulting In Death
  This Section deals with punishment for causing death or persistently vegetative state of the victim due to rape. The offender will be liable with imprisonment of a minimum of 20 years which shall extend up to life imprisonment or even with death.
• Section 376AB
  Raping a woman under 12 years of age shall result in imprisonment of at least 20 years and with a fine, which may extend up to life imprisonment or with death.
• Section 376B
  Rape by husband upon his wife during the period of the decree of separation shall be punished with a term of at least 2 years, extendable up to 7 years, and with a fine.
• Section 376C
  Rape committed by people in authority, public servants, or by those in a fiduciary relationship, or by management of a hospital or by jail staff, shall be liable to be punished with imprisonment of a minimum of 5 years, which may extend up to 10 years, and with fine.
• Section 376D: Prescribes Punishment For Gangrape
  Rape committed by two or more men acting in furtherance of common intention shall be punishable with imprisonment of not less than 20 years which may extend up to life imprisonment.
• Section 376DA
  Rape of girls under sixteen years of age is punishable with imprisonment of a minimum of twenty years extending to imprisonment for natural life along with a fine.
• Section 376E: Prescribes Punishment For Repeat Offenders
  A person committing rape, who has been previously convicted of rape under Section 376, 376A-D, shall be punishable with imprisonment of life.

8. OFFENCES INVOLVING COMMITMENT OF CRUELTY BY HUSBAND UPON HIS WIFE

• Section 498A
  Cruelty includes the acts of harassment by the husband or his relative that is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health; or any unlawful demand for any property or valuable security. The husband or his relative who subjects such women to cruelty shall be punished with imprisonment for a term which may extend to three years and with a fine.

CONCLUSION

Even in this 21st century, where the technological advancements and the cogent changes in the perception of the moral standards of Indian society have revolutionized our way of life, women continue to be subjected to multitudes of crimes every day. IPC as a criminal code provides the basic framework for legislative penal actions. It serves as a foundation and paves way for the introduction and enactment of specific women-centric legislative pieces to exhaustively address the issues of women and chalk out the way forward.

References:

1. Historical Introduction to IPC (PDF)
2. https://legislative.gov.in/sites/default/files/A1860-45.pdf

This article is written by Riya Ganguly, 2 nd year BBA LLB student at Bharati Vidyapeeth New Law College, Pune.

Abstract

Gambling, in the current time, is mushrooming at an enormous speed, thereby posing a grave threat to the stakeholders involved due to its inherent vulnerability. The vociferous and the reverberating calls for its legalization newer assume more significance given the nebulous state of gambling laws in the country. Although the legalization would bring with itself a gush of entailing benefits, the profound and the pressing issues at hand pertaining to legalization are required to be given a thorough perusal including the pricking need to overhaul enforcement mechanism rather than venturing into the question of how and when to legalize the gambling given the legal and socioeconomic intricacy of India.

Introduction

It would be apposite, to begin with, the scrutinization of the term “gambling”. Gambling is a game that involves chances of winning or losing money or possessions of bet. Cambridge dictionary defines betting as the habit of risking money and placing a wager on the outcome of sports events. Gambling is a genus while betting is a species and both function on the coefficient of unpredictability especially those of the sporting events. The modern world thrives on the perpetuities of monetary gains and gambling serves as a handy way to satiate those materialistic needs.

This article seeks to systematically articulate the advantages and disadvantages that ensued due to the legalization of gambling, thereby concluding with some apposite and congruous solutions.

Background

India and gambling have had a substantiative co-relationship since ancient times, with the Rig Veda believing to have documented its first description. Since then, gambling has been a popular choice in India among the masses when it came to quick monetary gains in the course of satisfaction with worldly needs. Initially, gambling was encouraged in colonial India due to its economic benefits, but soon, it was illegalized due to its ensuing negative consequences such as bankruptcy, criminal delinquency, etc.

Thus, the Public Gambling Act of India was passed in 1867¹ to regulate and restrict gambling practices, thereby, illegalizing gambling albeit without sufficient punitive sanctions. The Act sought to restrict most forms of gambling including sports gambling (lotteries, casinos, festive gambling, etc were allowed and regulated in a few states) that was wagering in nature involving pure chance (eg: using the roll of dice or marble to determine the outcome) baring the few games that involved “skill” and not pure chance such as horse racing; online games of skill such as rummy, poker, fantasy games, etc. In K.R. Lakshmanan v. State of Tamil Nadu², the Apex court held that “The test of the legality of gambling vis-à-vis nature of sports is dependent upon the dominance of the element of skill/chance with regard to a recognized sport.”

With the advent of the constitution, Subjects of betting and gambling were kept in the State list as entry no. 34. The States have been given the liberty to delve into their own legislation on betting and gambling, having the freedom to regulate and deregulate it. While some states such as Sikkim (which has legalized betting in the online form), Kerala (conducts State-run lotteries), Goa³ (which has legalized casinos), etc have framed their own betting laws, others continue to govern themselves via the Central legislation of 1867. In a nutshell, both online and offline sports betting baring the games involving “skill” are currently illegal in India.

In recent times, gambling has unfettered its wings, mushrooming at an enormous speed with no signs of ebbing down in near future, more so due to the advent of advanced technology, penetration, and access to the internet in even the remotest corner of the world. India, too remained at the forefront to exploit this vice opportunity, with the 2016 ICC and the 2013 IPL betting scandals that involved thousands of crores of Rupees, giving testimony to this booming trend. It was in light of such massive illegal betting markets and the large-scale flouting of the law by the masses that the Supreme Court of India, in 2016, mandated the Law Commission of India (LCI)⁴ to examine a logical way to deal with India’s illegal gambling.

The LCI mentioned in its report that– “since it is not possible to prevent these activities completely, effectively regulating them remains the only viable option” Also, a Private Member Bill was introduced by Mr. Shashi Tharoor in 2018 in this regard, which articulated the legalization of sports betting in India under strict surveillance as it would curb the illegalized betting ecosystem in India which was under the monopolistic ambit of underworld mafias. It would curb the black money market, along with the generation of massive revenues for the government which could then be utilized for funding the sports infrastructure and betterment of athletes. Some of the potential restrictions that the bill sought to introduce were barring the minors from participating and limiting the highest betting fees one can bid. The bill impeccably envisioned the regulation mechanism by introducing a 7 member committee that would be responsible for formulating the rules and regulations monitoring sports online gaming. The bill also sought to criminalize the activities of sports fraud and match-fixing to the extent of 5 years of imprisonment and hefty fines which in turn would espouse deterrence. The bill also focused on maintaining the integrity of sports and preventing any event such as manipulations or match-fixing as those current pressing issues were not dealt with by the present legal framework.

Advantages of legalizing gambling

Gambling is one of the forms that has been an inherent phenomenon in Indian society and curbing it entirely won’t be certainly possible, more so because of the willful and brazen flouting of the legal norms by masses. Hence, giving it a legal sanctity would be a desirable approach in the discourse of its regulation and fund generation thereby espousing public consent and adherence rather than remaining oblivious to its incongruous existence. Far from this realization has been the seemingly illogical approach of the legislative setup which has still kept it within the cloak of illegality. This has been further reinforced by the Indian Judiciary by keeping horse race (on the basis of predicting the winnability) under the gamut of ‘games of skill’ but not the other games involving technicality and intricacy of similar nature such as cricket or hockey.

The most popular form of gambling has been in the sporting activities involving bets, which has evolved itself as a clandestine ecosystem possessing a huge network of people and enormous amounts of money. The Drastic modernization in the sports ecosystem coupled with the digital boom has led to sweeping revolutionary changes across the spectrum. This in turn accentuated the gambling culture creating a mammoth web of individuals and finances involved in this subculture. The first step in the legalization process would involve systematic identification and acknowledgment of these prevailing entities. Next would come regulation, owing to the fact that an exorbitant amount of Rs 300,000 Crores of black money is used annually for betting and the sector involves an enormous cash flow worth 60 billion dollars which is 3.5% of India’s GDP. It will lead to transparency as the source of cash flow could be traced and tracked thereby keeping a tight check on the black money market. Licensing of the brokers would further keep a check on them by curbing the black money laundering in illegal betting which is often used to fund terrorism and related nefarious activities¹. Involving in such illegal activities could lead to the cancellation of their licenses which in turn would serve as a deterrence to them. The legalization of sports betting would also ensure the protection of the subtle interests of minors, uneducated, poor fellows with a limited income and lack of bargaining power, and the elderly with shrinking life savings, who are often cheated by brokers. They remain at disadvantage due to unregulated and unenforceable market agreements lacking legal recourse owing to the wagering nature of the contract where the interests of the weaker party lacking bargaining power is jeopardized.

Currently, the earnings under betting are not reported as a source of taxable income under the Income Tax Act, 1961, thus, creating an avenue for black money. Legalizing the same would make the disclosure of such income mandatory (paving the way for effective surveillance and regulation) along with the generation of revenue receipts for the government to the tune of a minimum of Rs 12000 crores per annum⁵. It would also check on the tax evasions by brokers and bettors. The fund generated could be used for revamping sports infrastructure and related welfare schemes of the country along with peddling the development of the tribal and conventional sports that have been grossly neglected owing to their unpopularity and lack of resources.

Legalization would also serve as the panacea for ever-rising unemployment in the country by providing jobs ranging from the post of officers (required to monitor betting transaction) to a new catena of brokers who would specialize in sports betting along with a majority of unskilled workers employed in the implementation of menial economic activity in the betting industry. India, having the required knowledge, expertise and population could also evolve itself into a niche avenue for cyber betting like Denmark, the USA, etc, thus bringing with itself valuable foreign exchange which in turn would fuel the economic prosperity of the country.

Further, policing of the current gambling laws which illegalize it becomes a major problem due to the sheer numbers of “law-breakers” and exhaust colossal time of the law keepers which could be efficiently used for other productive work. Even effective policing results in large numbers of people gaining criminal records, with all of the consequential social problems. (employment problems, social and family stigma due to criminal record, etc). Hence, legalization would serve to meet the above ends. One other argument often posed in favor of legalization/regulation is that gambling adversely affects only a minority (less than 1% of the population due to problem gambling). So depriving the majority of a harmless leisure activity when it could add to a mix of other advantages is not worth it

Disadvantages of legalizing gambling

It is argued that the job of the government is to lead the people and not to simply follow popular views, especially if there are “public interest” reasons for pursuing unpopular routes. The concept and practice of gambling have historically been frowned upon in the Indian context. The moral issues constrain the government from peruse the idea of legalization as this has been a forbidden virtue in the Indian sub context given its entailing disadvantages. Giving it a legal sanctity would go against this entrenched ideal of morality.

Legalization would entail massive social costs as various studies have revealed that adolescents engaging in such activities possess a higher rate in school and academic failure accompanied by a history of family conflict triggered by the loss of household income, erratic sexual activity, severe financial difficulties such as large debts, poverty, and even bankruptcy; conflict and breakdown in relationships and a variety of psychological illnesses including anxiety and depression and psychiatric disorders, thus, paving way for baleful tendencies to commit suicide arising out of the ensuing depression.

State-sanctioned gambling would disproportionately burden the socially and economically backward people who expend a greater portion of their income into such wagering contracts, thus, exposing them to the channels of destituteness and crimes such as fraud and embezzlement, to address the mounting financial demands of their gambling. It will also push them into the scourging avenues of alcohol and drug addiction thereby instigating a vicious cycle of economic losses. Apart from the above menaces, gambling would also seriously impact the integrity and the true sportsmanship spirit of the sports due to the money factor and instances of match-fixing.

A logical argument against gambling follows that if gambling were to be legalized, it follows that more people would gamble (due to its enticing nature), and subsequently, more would become problem gamblers who face the adverse effects of gambling. Studies corroborate the above fact showing that increased availability of and easy accessibility to 2 gambling increased the participation in gambling and also the consequent prevalence of problematic gambling that entails massive social costs. Studies show that in India, although the prevalence of gambling was low, the proportion of people who had developed problem gambling among those who did gamble was considerably higher as compared to other countries. The final argument against legalization is that, even if it were to be considered a good idea, in theory, the time for such a major policy change in India is not right, because India did not possess the infrastructure to conceive, implement, monitor, or regulate such a huge change.

Suggestions

Certain suggestions could be considered in the light of the given circumstances. First, because of India’s inherent diversity, changes should be piloted in one or few states instead of going for pan India legislations so as to evaluate the post and pre-policy changes along with avoiding the deleterious and incongruous effects. Second, sufficient research needs to be undertaken so as to generate the local and relevant empirical pieces of evidence vis a vis the Indian sub context instead of relying on foreign pieces of evidence. Third, the question of government or private ownership of gambling monopoly needs to be delved upon. Fourth, the safeguard mechanism for the stakeholders needs to be put in place along with relevant and requisite standardized norms for regulation.

Conclusion

Keeping gambling under the scope of criminal legislation in spite of its nonviolent nature has been a source of contention amidst the scholars who view this as a step to give legitimacy to State paternalism. Section 30 of the Indian Contracts Act 1872 renders such betting (wagering) agreements voidable and takes off the recourse of legal enforceability, thus, exemplifying its vulnerability to financial exploitation and illegitimate transactions. Now in recent times, with a drastic surge in online gambling, the IT Act, falls short to curb people from engrossing in illegitimate offshore gambling websites where there is the absence of the protective blanket of national laws.

Thus, the archaic legislation of 1867 and the present laws being incompetent, abruptly fail to regulate the ongoing inconsistencies pertaining to betting. Further, nonchalance concerning the present penal provisions and the recklessness of the stakeholders exacerbate the administrative incapacities and ineffective framework of government. Against this backdrop, the vociferous and the reverberating calls for newer legislations assume more significance given the nebulous state of gambling laws in the country.

Given the pros and cons of the current issue at hand, there is no unambiguous evidence to support the status quo. Although the legalization would bring with it a gush of entailing benefits, the profound and the pressing issues at hand pertaining to legalization are required to be given a thorough perusal including the pricking need to overhaul enforcement mechanism rather than venturing into the question of how and when to legalize the gambling.

References

1. The Public Gambling Act, 1867. http:// www.sangrurpolice.in
2. 1996 AIR 1153, https://indiankanoon.org/doc/1248365/
3. https://www.scams.info/online-casino/india/#laws
4. Law Commission of India. Legal framework: Gambling and sports betting including in cricket in India. Report number 276. New Delhi: Law Commission of India, 2018.
5. http://timesofindia.indiatimes.com/business/india-business/Goa-casinos-contribute-Rs-135cr-revenue-in-2012-13/articleshow/19524670.cms

Written by Riya Ganguly student at Bharati Vidyapeeth New Law College, Pune.

ABOUT THE UNIVERSITY

CUSB was established under the Central Universities Act, 2009, with the motto, “Collective Reasoning”. The University has been conducting its academic and other activities in its campus which extends over 300 acres at Panchanpur (near Gaya town). The School of Law and Governance is a pioneer in grooming modern day legal professionals with a multidisciplinary edge by providing specialization in Corporate Law, Criminal Law, Labour Law, Constitutional Law, Taxation Law, International Trade & Investment, Banking, Finance & Insurance, IPR, Environment Law and Medical & Forensic Law.

ABOUT THE SCHOOL OF LAW & GOVERNANCE

Law is a social science and it is closely linked with society. A society cannot remain static and therefore, law in order to meet the changing requirements should keep abreast of time. It is not fanciful omnipotence in the sky but a flexible instrument of social order, dependent on the political and other values of the society which it purports to regulate. School of Law and Governance, CUSB is contributing towards legal education which helps in bringing and establishing socio-economic justice. The School of Law and Governance purports to provide quality legal education to the law students by taking into consideration the changing needs of the society and in the changing era of globalization. At the same time, this department also purports to provide traditional views of legal education and research as well because they have become relic of the past.

ABOUT THE LEGAL AID CLINIC

The Legal Aid Clinic of any law school is one of the most important student bodies with an attitude to impart the students an enriching experience by providing them with practical exposure that goes hand in hand with the academics. The committee aims to mould well informed and aware citizens of the country on women rights and provide room of discourse, dissent, and discussion in the student community. The Legal Aid Clinic at Central University of South Bihar under the astute guidance of Faculty Coordinator Dr. Deo Narayan Singh, Assistant Professor, SLG, CUSB is in its 9th year of continuous functioning since its inception. The Legal Aid Clinic has organized prison visits and conducted various social awareness programs in schools and villages. National Conferences & Quiz competitions have also been organized to raise awareness about importance of legal services among the budding lawyers.

ABOUT THE INTERNATIONAL E-CONFERENCE

The conference will comprise of eminent resource persons from India & foreign who shall be delivering lectures on the ongoing trends in the area of Consumer law practice and advocacy. The students of law will get benefitted through this seminar along with gaining knowledge on the worldwide happenings around consumer law. The earlier Act of Consumer law (1986 Act) has been repealed by the new Act of 2019. Series of new addition has been brought through the new Act. The students who had learnt the consumer law before 2019 enactment would receive insights about the changes ushered in by the new Act and would learn about the emerging trends in this area.

The speakers for this event are reputed authorities in the area of Consumer Law. We are proposing the illuminating upcoming experience to students of law as a whole. The seminar is being conducted at an international level to provide the young law students with exposure and great value addition.

Sub – Themes:

• Comparative study of Consumer rights in south Asia with special reference to Nepal.
• Future of ODR as a mode of resolution of consumer disputes in India
• Laws and Reality of Consumer Rights in Bangladesh.
• Challenges ahead with respect to the Consumer dispute resolution in the globalized world.

Panellists:

• Prof. (Dr.) M. K. Padhy, Banaras Hindu University, Uttar Pradesh, India
• Dr. Christine Richardoson, Dean, Faculty of Law, Jagannath University, Dhaka, Bangladesh
• Dr. Sushila, Associate Professor, National Law University, Delhi, India
• Dr. Balram Prasad Raut, Associate Professor, Tribhuvan University, Kathmandu, Nepal
• Dr. Vandana Singh, Assistant Professor, USLLS, GGSIPU, Delhi, India
• Dr. Sapna Chadah, Assistant Professor, Indian Institute of Public Administration, New Delhi, India
• Mr. Vijay Prasad Jayshwal, Assistant Professor, Tribhuvan University, Kathmandu, Nepal

Last Date for Registration: 24th February, 2022

Conference Date: 25^th & 26^th February, 2022

Registration Fee: NIL

E-Certificate shall be provided to all the participants!!

Registration Link: https://docs.google.com/forms/d/e/1FAIpQLSdVfoa3lsl9W-D3Rqt_x5qWSM3aS0XyCdBjLgGtk11q4u3t8A/viewform

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Introduction

Over time, many changes occur in society; these changes have both beneficial and harmful consequences. As the nature of law evolves, new laws and amendments are introduced into society to regulate the violation of living beings’ rights, privacy, and security.

There’s a Bible proverb that goes something like this: “Either you can believe all of it or you can’t trust any of it,” and that’s how fake news spreads. If you can’t distinguish which news is real vs phony, which is truth vs lies, many people will quickly throw up their hands and declare that none of them can be trusted.

With the introduction of computers, the internet, social media, and networking websites, these developments, particularly on the technological front, became mass development with the introduction of computers, the internet, social media, and networking websites, which crept into and made their way into people’s lives.¹

The law of social changes as trends change. People are discovering new ways to conduct crimes in a high-tech manner as time progresses. However, by adopting new statutes and enactments, the law has broadened its jurisdiction and begun to remove these flaws from society. As a result, the Government of India has submitted a bill called the Fake News (Prohibition) Bill, 2019.

Fake News Prohibition Bill, 2019

The Fake News (Prohibition) Bill of 2019 was passed to make it illegal to create and distribute fake news in the media, as well as other related issues. In India, fake news refers to misinformation or disinformation conveyed by word of mouth and conventional media, as well as more recently through digital modes of communication such as altered videos, memes, unconfirmed adverts, and rumors circulated on social media. This statute applies to the entire country of India, it includes:

a) Misquotation of one’s remark is an example of fake news.
b) Altering audio and video files, causing facts and context to be distorted.
c) For the advantage of a person, agency, or entity.

Objectives of the Bill

Fake news has made it easier to spread false information in the era of the internet, where anybody can submit a report or a comment that appears to be a news item and declare it to be accurate and factual. Fake news or information must display or intend to exhibit propaganda to blacken or disgrace one’s reputation or create or plan to induce fear, division, turmoil, violence, or hate. Due to the propagation of fake news on social media platforms such as Whatsapp, Facebook, and Twitter, a huge number of mob lynching occurrences have been recorded around the country. Political parties were also discovered to be distributing misinformation on social media during the country’s elections, according to studies.

To control and the spread of fake news in any form, whether it is through circulation, sharing, misquotation of statements, editing of audio and video clips, fabricating content, undermining, sowing seeds of enmity, sedition, hatred, disseminate, edit, abet, etc., a debate took place in the House of Lok Sabha on the subject on February 8, 2019, and Shri. Tej Pratap Singh from Mainpuri proposed before the Hon’ble Chairperson to introduce The Indian media research organization CMS indicated in a report by The Guardian that the growth of false news was due to India’s “lack of (a) media strategy for verification.” Additionally, reporters and journalists have been imprisoned for “making false stories, “particularly when the pieces were contentious.

Fake News in India

In Alakh Alok Srivastava v. Union of India², the Supreme Court of India acknowledged the problem of infodemics in India and issued an order for state governments to follow the Centre’s orders to combat the threat of fake news. The top court also highlighted the necessity for the government of India to provide a daily bulletin through all media outlets as a source of real-time verifiable information on Covid-19 to alleviate the fear and apprehension generated by the uncontrolled flow of fake news.

The recent mass evacuation of migrant workers was caused, according to this petition, by the anxiety induced in the minds of the laborers as a result of bogus news that inflated the duration of the lockdown to endure for more than three months. Poor migrant laborers were killed as a result of this evacuation, which was brought about by the distribution of illicit information.

Fake news spread over WhatsApp in Odisha, claiming that a person from outside the state had been sick. After an inquiry, the police discovered that the claim was untrue. At the time, India lacks a specialized law to control false news; yet the epidemic is demonstrating the necessity for one.

Provisions of different laws in India

Information Technology Act, 2008 (IT Act)
In India, social media platforms that are classified as ‘intermediaries’ under Section 79(2)(c) of the Information Technology Act, 2008 are obligated to exercise due diligence when performing their tasks. Initially, under the Act and the April 2011 guidelines, intermediaries were not liable if they were not responsible for the origination, transmission, or reception of such content across their reach. As a result of this change, intermediaries gained protection, allowing them to be slackers in their efforts to combat bogus news.

When the government realized its error, it devised a remedy on the opposite extreme of the spectrum, instructing intermediaries to proactively block information. These restrictions have been compared to censorship in China. The government can use this as a political weapon to suppress stuff that does not benefit them. The free expression would be harmed by such a law.

Indian Penal Code (IPC)³
Section 505(1)(b) of the IPC deals with the dissemination of false and malicious material that causes fear or panic in the general public, or in any segment of the general public, with the intent of inducing an individual to commit an offense against the state or public peace. The offender under this section can be punished with imprisonment of a maximum of 6 years and a fine. Section 505(1)(b) combined with Section 54 of the DMA have been envisaged to include the expansion of fake news to a large extent.

The actual issue with fake news is fraudulent information that is disguised as real news in the form of unpaid pieces. The malice requirement might be avoided, and the spreader of misleading information could face severe responsibility and exemplary damages. The implementation of strict responsibility, on the other hand, would need tracking the disinformation back to its source, which has been recognized as a time-consuming and inefficient procedure.

Disaster Management Act, 2005 (DMA)⁴
Section 54 of the DMA professes to handle ‘false alarm or warning as to disaster or its severity or magnitude, leading to panic’ and this has been applied while recording arrests so far. It makes the offense punishable with imprisonment up to 1 year and the imposition of a fine. The same provision, on the other hand, has long been criticized for being too narrowly focused on catastrophes at a time when the breadth of false news is far broader.

While this one-of-a-kind characteristic of the Act restricts its use to disasters, it does have a good side effect. It ensures that the use of this clause does not extend beyond the extraordinary circumstances of a disaster, preventing the government from using it to further restrict free expression.

Curbing Fake News within Jurisprudence

Restriction of some rights can be permissible in the context of major public health hazards and public emergencies endangering the nation’s survival, according to international human rights law. The size and severity of the Covid-19 epidemic have elevated it to the status of public health danger, justifying limits on freedom of expression and speech. Such limits, however, must adhere to the standards of international human rights law. The same has been enshrined under Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR)⁵ which requires the limitations to have a legal basis, to be solely significant, to be subject to review, and to be proportionate to acquire the aim. While it is vital to take steps to prevent the spread of disinformation, there is an unintended consequence. Efforts to combat false news might result in the imposition of censorship laws or the suppression of critical thinking that is essential to make educated judgments. To combat the spread of disinformation, Thailand’s government recently enacted restrictions that included a blanket prohibition on communications that are either “false” or “misleading”. The Thai government used this method to detain an artist who challenged the government’s reaction to the current public health crisis.

Concluding Observations

During this situation, it is critical to combat bogus news. It should not, however, come at the price of free expression. Temporary measures that take away some liberties in the near term but do not turn out to be a political weapon for any ruling administration are the way ahead in suppressing free expression. Temporary measures will allow the government to make necessary modifications to the current system to safeguard us. We should allow the government to protect us in our weak state, but this should not result in the government abusing our frailty. To combat the rapid spread of fake news, the government must collaborate with the public and intermediaries. We must do so; else, fake news may prove to be as deadly as the epidemic. Without a question, the problem of fake news and fake is growing like wildfire around the globe, necessitating the passage of legislation to regulate and restrict the transmission of fake news on social media and other platforms. The bill was constructed and prepared with the goal of prohibiting the transmission and distribution of false news, and thus “The Fake News (Prohibition) Bill, 2019” was created and presented to the Lok Sabha.

References:

1. Critical analysis of the Fake News (Prohibition) Bill, 2019, by Yogesh V Nayyar, Advocate in Supreme court. https://blog.ipleaders.in/critical-analysis-fake-news-prohibition-bill-2019/
2. ALAKH ALOK SRIVASTAVA v. UNION OF INDIA, Supreme Court Of India, Writ Petition (Civil) No. 76 Of 2018 | 01-05-2018 https://indiankanoon.org/doc/129422211/
3. THE INDIAN PENAL CODE, 1860 ACT NO. 45 OF 1860 1* [6th October 1860.]
4. Disaster Management Act (DMA), Power to remove difficulties. [23rd December 2005.] https://www.ndmindia.nic.in/images/The%20Disaster%20Management%20Act,%202005.pdf
5. International Covenant on Civil and Political Rights, United Nations, Treaty Series, vol. 999, p. 171 https://www.refworld.org/docid/3ae6b3aa0.html

Written by Hemant Bohra student at School of Law, Lovely Professional University, Punjab.