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Judgement: Union of India V/s N. K. Shrivasta
Case No.: CA 2823 of 2020
Date: 23/07/2020
Facts of the Case

This appeal has been filed before the Honorable Supreme Court pursuing to the order passed by the National Consumer Dispute Redressal Commission on the date of 7th October, 2016. The state through the chief secretary in the Ministry of Health and Family Welfare and other appellant (Safdarjung Hospital) filed such appeal against such order passed wherein the then complaint filed such complaint with regards to medical negligence against the two hospitals i.e. Safdarjung Hospital and Sarvodaya Hospital. The consumer dispute redressal forum allowed the revision filed by the Sarvodaya Hospital. The redressal forum passed an order that is to pay the complainant a compensation of INR  2,00,000/- by the Safdarjung hospital.  The complainant herein was the husband of woman, who was brought in to the hospital on the day of 9th March, 2004 and was admitted in the medical emergency room of the Sarvodaya Hospital due to reason of she being pregnant, she was admitted in the room at about five am.

The women the spouse of the complainant delivered a baby at 8 am, 3 hours after the admission time. The spouse herein said that the baby that was delivered by his wife was born prematurely and needed care and protection under the hospital’s ICU in the nursery. The Hospital officials recommended the man and his wife to Safdarjung Hospital for such medical care to the infant. The then complainant filed a complaint stating that he has been cheated in this case as the prior confirming the services of the Hospital it was stated by the hospital employees that the hospital is fully equipped by the Nursery ICU and other facilities as required for all-round medical care of the infants. The complainant after the recommendation further moved to the Safdarjung Hospital on the same day between the 12 pm after-noons to 1 pm. The infant of the complainant was not placed in the Nursery ICU but was initially placed in the general ward and then was transferred to the general ICU. The infant of the complainant then died in the last week of April, 2004. So, a complaint was filed with the District Consumer Dispute Redressal Commission pleading fair decision regarding the inefficiency of the services provided by the hospitals.

Issues of the Case

  1. Whether there is a deficiency of service on the part of the Hospital?
  2. Whether the second hospital delayed in providing medical care?
  3. Whether there remain any revision against such order or lies any appeal?

Judgment

The Supreme Court while recording the facts of the above matter and after hearing the counsels at length the court states its observation the judges mentioned that any organizations which provides free of charge service only are to be considered for creating exception out of Act. The Court sees the facts and opined that in such situation where the challenge inadequate before the district forum and no agency of the government including NCDRC and SCDRC can provide any conclusive decisions also neither this court can conclude the matter filed before it. The court agrees that the compensation awarded in the above matter is relatively small and such small matter will not suffice the requirement of Justice. The court mentioned that the amount of Rs. 2,00,000/-  is invalid and less as compared to the loss suffered by the respondents. The Additional Solicitor General M.R. Suri’s suggestion was to provide an opportunity by keeping the jurisdiction of the matter open for laying down the foundation of the facts and evidence from the Safdarjung hospital and from the Union of India. The court finds this suggestion to have complete thoughtfulness in deciding further the matter and any decision then taken by the court will have its complete consensus.

The Court further mentions that it regards not as a precedent of any judgment given by this court or of the National Consumer Dispute Redressal Commission to decide the question of the law in matter generally. The court finds it is necessary to confine the judgment of the National Consumer Dispute Redressal Commission to the peculiar factual background as it is been noted in the present case. The court finds it extremely important to figure out whether the act and its provisions are the in parlance to govern the Safdarjung hospital and if it does further factual foundation plays a greater role in deciding the matter.

The Honorable Court decides that no judgment passed by the National Consumer Redressal Commission will be set as a precedent to interpret the general question of law in any matter including the above. The Court is also yet decide that whether under the provision of the Civil Procedure Code, 1908 the National Commission has the revision appellate authority or not. The Honorable Court decided that the court does not find itself in a position to deal with matter only on the question of amount involved it affirms the quantum of the compensation awarded to the complainant and passed the judgment.

The amount of INR 2, 00,000/- should be paid to the complainant within the period of 2 months from the date of this order. The Honorable Court also stated that all the appeals related to this matter stands disposed accordingly.

Startup under the Government Programme

A Startup is defined as a young company that has been founded by one or more entrepreneurs in order to develop a unique product or service and bring it to market. In the past few years, the Government of India has introduced more than 50 startup schemes in order to boost the Indian startup ecosystem. In January 2016, Prime Minister of India had launched Startup India Initiative. Following are some of the startup schemes that had been launched by the Government of India.

Stand-Up India Scheme

The Stand-Up India Scheme has been launched for financing Scheduled caste or Scheduled Tribes and/or Women Entrepreneurs. The Scheme facilitates bank loans between Rs. 10 lakh and 1 core. The Loans under this scheme is available for an only greenfield project, which means the first time venture of the beneficiary in the manufacturing, services or trading sector. Following are eligible under such schemes:

  • SC/ST or Woman entrepreneur who is above 18 years of age.
  • In a case where there is a non-individual enterprise than at least 51% of the shareholding and controlling stake should be held by either an SC/ST or Woman entrepreneur.
  • Such borrower should not be in default to any bank or financial institution.

The Venture Capital Assistance Scheme

The Small Farmer’s Agri-Business Consortium (SFAC) has launched the Venture Capital Assistance Scheme in 2012. This scheme is considered as financial support in the form of an interest-free loan to qualifying projects in order to meet the shortfall in the capital requirement for the implementation of the project. The Farmers, Producer Groups, Partnership Firms, Proprietary Firms, Self Help Groups, Companies, Agripreneurs, and Agriculture graduates who are individual or in groups for setting up agribusiness projects are the person eligible to avail benefits under such scheme. An Agripreneur is defined as an entrepreneur whose main business is of agriculture or any other activities that are related to agriculture.

Following are the benefits availed under such scheme:

  • The scheme will help in assisting agripreneurs in making investments in setting up agri-business projects through financial participation.
  • It will also provide financial support for the preparation of bankable Detailed Project Reports through the Project Development Facility.

Pradhan Mantri Mudra Yojana

The Micro Units Development and Refinance Agency Ltd. (MUDRA) provides refinance support to Banks / MFIs for lending to micro units having loan requirement up to Rs. 10 lakh. It provides refinance to micro-business under the Scheme of Pradhan Mantri MUDRA Yojana. The Pradhan Mantri MUDRA Yojana was launched on 8th April 2015. The objective of this scheme is to extend the loan for a variety of purposes that are involved in income generation and employment creation. Under this scheme, the loans are extended to the Vendors, Traders, Shopkeepers and other Service Sector activities as a business loan. The scheme also extends the working capital loan through MUDRA cards. It also provides loans for the purpose of the transport vehicle and also equipment finance for micro-units.

The loans under MUDRA Scheme has been classified into three types, and they are as follows:

  • Shishu - It covers the loans up to Rs. 50,000/-.
  • Kishor - It covers the loans which are above Rs. 50,000/- and the limit is up to Rs. 5 lakh.
  • Tarun - It covers the loans which are above Rs. 5 lakh and the limit is up to Rs. 10 lakh.

Generally, the loans amounting up to Rs.10 lakh are issued without any collaterals.

Make In India

The Small Industries Development Bank of India (SIDBI) Make in India Loan For Enterprises (SMILE) was launched by Mr Arun Jaitley. The main intention of this Scheme is to take forward the Government of India’s ‘Make in India’ campaign and help Micro Small and Medium Enterprises (MSMEs) to take part in the campaign. The objective of this Scheme is to provide a soft loan that is in the nature of quasi-equity and term loan on relatively soft terms to MSMEs in order to meet the required debt-equity ratio for the establishment of an MSME. The scheme has also launched for pursuing opportunities for growth for the existing MSMEs.

The minimum loan for Equipment Finance is Rs. 10 lakh and Rs. 25 lakh in other cases. This scheme is expected to benefit approximately 13,000 enterprises, with employment for nearly 2 lakh persons. This scheme provides a longer repayment period of up to ten years and also includes a moratorium period of up to 36 months. The minimum Promoter contribution should be of 15% subject to maximum Debt equity ratio of 3:1. The eligibility criteria of this scheme is to cover new enterprises in the manufacturing, services sector, financing smaller enterprises within MSME and the Existing enterprises undertaking expansion.

Dairy Entrepreneurship Development Scheme

The National Bank is implementing the Dairy Entrepreneurship Development Scheme for Agriculture and Rural Development (NABARD). The department of Animal Husbandry, dairying and fisheries are implementing Dairy Entrepreneurship Development Scheme (DEDS) for generating self-employment opportunities in the dairy sector. It covers the activities such as enhancement of milk production, procurement, preservation, transportation, processing and marketing of milk by providing back-ended capital subsidy for bankable projects.

The objective of this Scheme is to promote setting up of a modern dairy farm for the production of clean milk, generate self-employment and provide infrastructure for the un-organized sector, upgrade the quality and traditional technology to handle milk on a commercial scale, encourage heifer calf rearing and thereby conserving good breeding stock and to bring structural changes in the unorganized sector so that the initial processing of milk can be taken up at the village level itself.

The eligible beneficiaries of such scheme are Farmers, individual entrepreneurs, NGOs, companies, groups of organized and unorganized sectors, etc. An individual can avail assistance for all the components under this scheme but only once for each component. More than one member of the same family can be assisted under this scheme if they set up separate units with separate infrastructure at different locations. However, the distance between the boundaries of two such farms should be at least 500 meters.

Conclusion

Hence, the Indian Government has come up with a startup government scheme in order to encourage startups in India. Startups should be aware of laws that are related to the incorporation, tax laws, labour legislation, environmental laws, securities laws, contract law, intellectual property laws and various other kinds of laws which are required to be followed.

The procedure for filing a complaint against a Lawyer

Lawyers are the medium through which his client connects with the judiciary. However, as the demand for the legal industry has increased, it is also noticed that mishaps in this industry have increased. Some lawyers tend to use this situation to extract a hefty amount of money from their clients without providing proper services. To combat this situation, a person can file a legal complaint against the lawyer if he/she is not satisfied with the service provided by the legal person.

Following are the steps to file a complaint against a Lawyer

Step 1: A complaint against an advocate needs to be filed through the mode of a petition. It is to be duly signed and verified as needed under the Code of Civil Procedure. A complaint is often filed either in English or Hindi or, in any regional language where the language has been declared to be a state language. In those cases where the complaint is in Hindi or another regional language, the State Bar Council shall translate the complaint into English whenever a disciplinary matter is shipped to the Bar Council of India as per the Advocates Act. Every complaint shall be attached with the fees prescribed by the Bar Council of India Rules.

Step 2: The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the right fee has not been paid. He/she can also call the complainant to cater to any defects and attach the particulars or copies of the complaint or other documents which needs to be further submitted. On a complaint being found, it shall be registered and placed before the Bar Council for such order which may deem fit to be passed.

Step 3: The complaint can be dropped solely due to it having being withdrawn, settled, or because the complainant doesn't want to proceed with the inquiry. Before referring a complaint about the misconduct of an advocate to its disciplinary committee, the Bar Council may require the complainant to further furnish any required particulars within a time fixed by the Council.

Step 4: Once the Bar Council has referred the complaint to a Disciplinary Committee, the Registrar should expeditiously send a notice to the advocate. The notice will ask the concerned advocate to point out cause within a specified date on the complaint made against him and to submit the statement of defence, documents, and affidavits in support of the defence. It will also further inform him that just in case of his non-appearance on the fixed date of hearing, the matter shall be heard and determined in his absence. An appearance usually includes the presence of an advocate or through a duly authorized representative.

Step 5: The Chairman of the Disciplinary Committee will fix the date, hour, and place of the inquiry. This date won't ordinarily be later than thirty days from the receipt of the reference. The Registrar is responsible for giving notice of the date, hour, and place to the complainant or other person aggrieved, the advocate concerned, the Attorney General or the extra lawman of India or the Advocate General, in simple language, to whom so ever, the case is concerned.

Step 6: The notices shall, subject to necessary modification, be in Form Nos. E-1 and E-2. It shall be sent to the advocates appearing for the parties. Notice to a celebration not appearing by the advocate shall be sent to the address as furnished within the complaint or the grounds of appeal. The value of the notices shall be borne by the complainant unless the Disciplinary Committee otherwise directs. The notices could also be sent ordinarily through messenger or by registered mail and served on the advocate or the party concerned or his agent or another person as provided in the Civil Procedure Code.

Step 7: Parties can appear face to face or through an advocate who should file a vakalatnama giving the name of the Bar Council, his residential address, phone number if any, and his address for service of notices. The Bar Council or its Disciplinary Committee may at any stage of the proceeding appoint an advocate whose role will be amicus curie, i.e. a friend of the court. Such an advocate could also be paid such a fee depending upon the decision of the Council or the Committee.

Provison: If in an inquiry on a complaint received, either the complainant or the respondent does not appear before the Disciplinary Committee despite service of notice, the Committee may proceed ex-parte or direct fresh notice to be served.

Any such order for proceeding ex-parte could also be put aside on sufficient cause being shown, when an application is formed supported by an affidavit, within 60 days of the passing of the ex-parte order. The provisions of Section 5 of the Limitation Act, 1963 shall apply to the present sub-rule.

Proceedings and Exhibits: The Disciplinary Committee shall hear the Attorney General or the extra lawman of India or the Advocate General because the case could also be or their advocate and parties or their advocates.

The matters can be heard and determined based on documents and affidavits. Cross-examination is not permitted unless the committee believes that it is in the interest of justice to permit cross-examination of the parties or to take oral evidence, in which case the procedure for the trial of civil suits shall as far as possible be followed. On every document admitted, the subsequent endorsement shall be made which shall be signed by the Chairman or any member of the Committee:

The exhibits shall be marked as follows: –

  • Those of the complainant as C1, C2, and so on.
  • Those of Respondent as R1, R2, and so on.
  • Those of Disciplinary Committee as D1, D2, and so on.
  • The Disciplinary Committee may, at any direct the parties or their advocates to furnish such further and better particulars, because it considers necessary.

Recording of Evidence: Any member of the Committee or any other person authorized by the committee shall record the evidence given before the Disciplinary Committee, preferably in English. The evidence so recorded shall be signed by the Chairman or by the other member of the committee if the Chairman isn't available.

In the case where the records of evidence are in any other language than English, then the same has to be sent to the Bar Council of India or its Disciplinary Committee, then an equivalent has to be translated into English. Such a translation thereof in English has to be made by an individual nominated by Committee or Registrar.

Dropping of Enquiries on Certain Grounds: In the case of the death of the complainant during the inquiry proceedings (and if no representative is willing to conduct the case), the Disciplinary Committee may be having regard to the allegations made in the complaint and the evidence available, make a suitable order either to proceed with the inquiry or to drop it.

In the case of an inquiry against one advocate only, on his death, the Disciplinary Committee shall record the fact of such death and drop the proceedings.

Where the inquiry is against more than one advocate, on the death of 1 of them, the Disciplinary Committee may continue the inquiry against the other advocate unless it decides otherwise.

Step 8: All proceedings before a Disciplinary Committee of the Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code. The Disciplinary Committee of the State Bar Council, after giving the advocate concerned and therefore the Advocate-General a chance of being heard, may make any of the subsequent orders, namely:

  • dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;
  • reprimand the advocate;
  • suspend the advocate from practice for such period as it may deem fit;
  • remove the name of the advocate from the State roll of advocates

Appeal

Appeal to the Bar Council of India: A person aggrieved by order of the Disciplinary Committee of a State Bar Council made under section 35, or the Advocate-General of the State may, within sixty days of the date of the communication of the order, prefer an appeal to the Bar Council of India. The Disciplinary Committee shall hear every such appeal of the Bar Council of India which may pass such order including an order varying the punishment awarded by the Disciplinary Committee of the State Bar Council thereon as it deems fit. However, as long as no order of the Disciplinary Committee of the State Bar Council shall be varied by the Disciplinary Committee of the Bar Council of India to prejudicially affect the person aggrieved without giving him reasonable opportunity of being heard.

An appeal to the Council from the State Bar Council shall be in the form of a memorandum in writing. If the appeal is in other languages apart from English, it shall be translated into English. In every appeal, all persons who were parties to the first proceedings alone shall be impleaded as parties. In an appeal by the advocate against an order for misconduct, in case of death of the complainant, the legal representatives of the complainant shall be made parties. The appeal has to be presented on or before the last day of limitation. Any appeal could also be admitted after the amount of limitation if the appellant satisfies the Disciplinary Committee that he has sufficient cause for not preferring the appeal within such a period. An affidavit shall support any such application for condonation of delay.

The memorandum of appeal shall contain necessary particulars as in Form G. The memorandum of appeal shall state when the order was communicated to the appellant with the time mentioned.

Along with the memorandum of appeal, the appellant shall file:

  • The certified copy of the order appealed against, signed by the Registrar of the Disciplinary Committee, or
  • If there is only one respondent, five additional copies of the memorandum of appeal and the order appealed against.
  • If there is more than one Respondent, such number of additional copies as may be necessary.

All copies shall be certified as true copies by the appellant or by his counsel. Every memorandum of appeal shall be amid the prescribed fees in cash. If the papers filed in an appeal aren't sufficient, the Registrar shall require the appellant to get rid of such defects within a specified time.

Exhibits and Records in Appeal: The appellant shall be required to file six typed sets of the papers properly paged and indexed if there's just one respondent. In the case of multiple respondents, as many sets as there may respondents, for the use of the Disciplinary Committee and by the other parties and for the record.

The papers to be filed are: –

  • The complaint and the statement in defence of the advocate.
  • The oral and documentary evidence and such other papers on which parties shall rely.
  • Any other part of the record as may be directed by the Committee.

Where any of the above papers are in a language other than English, English translations thereof will be filed. The respondent shall, if he so desires, or if so-called upon, file six sets of typed papers of any a part of the record on which he intends to rely. He shall also file English translations of papers that aren't in English.

Appeal to the Supreme Court: Any person aggrieved by an order made by the Disciplinary Committee of the Bar Council of India under section 36 or section 37 or the Attorney-General of India or the Advocate-General of the State concerned, because the case could also be, may within sixty days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court and thus the Supreme Court may pass such order including an order varying the punishment awarded by the Disciplinary Committee of the Bar Council of India thereon as it deems fit. Provided that no order of the Disciplinary Committee of the Bar Council of India shall be varied by the Supreme Court to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.

Conclusion

We live in a country where most of us are dependent upon the judicial power of the court as most of us trust the legal system of our country. The constitution of India under Article 21 grants every citizen of India the “Right to Speedy Justice”, and if this is delayed or hindered due to any reason, then it is a clear violation of the fundamental right of an individual. These scenario arises when lawyers instead of providing justice to the clients shift their focus in extracting money from their clients which in turn leads to a difficult situation in India, as people here rely upon the judicial system for any trouble faced due to legalities of the country. Therefore, it becomes of utmost importance that an individual chooses a lawyer very carefully as this whole process is financially as well as emotionally draining.

Types of Stamp Paper

According to the Indian Stamp Act 1899, "stamp" means any mark, seal or endorsement by any agency or person duly authorised by the State Government. It includes an adhesive or impressed stamp, for the purposes of duty chargeable under the Act. The stamp paper refers to a foolscap paper which bears a pre-printed revenue stamp. Stamp papers are not in the form of postal stationery. It has been widely used to collect taxes on documents requiring stampings, such as agreements, contracts and many other courts and legal documents. The papers consist of the pre-printed stamp and are bought blank. They are available at lawyer's offices, post offices, and courts.

There are mainly two types of Stamp Paper which are used in India. They are Judicial and Non-judicial stamp. A Judicial stamp is the one which is used for legal and court work, and a Non-judicial stamp is the one which is used for registration of documents such as contracts, insurance policies etc. Stamp duty is a type of tax which is paid on the document or instrument for the transaction performed by the parties. There are two kinds of stamps which indicate the payment of stamp duty. They are Impressed and Adhesive stamp.

Types of Stamp Paper

Following are the types of Stamp Paper:

  • Judicial Stamp Paper

The Judicial stamp papers are generally used for a legal purpose or court cases. They are used for payment of court fee to avoid cash transactions. The proceedings of the court start only after the parties pay the court fees with respect to their legal matters.

  • Non-Judicial Stamp Paper

Non-judicial stamp papers are generally used for the execution of documents like sale deed, power of attorney, affidavits, lease agreement, mortgage agreement, and other relevant agreements. The value of non-judicial stamp papers is Rs. 100, Rs. 500, Rs. 1000, Rs. 5000, Rs. 10000, Rs. 15000, Rs. 20000, Rs. 25000, and Rs. 75000 in India.

  • Revenue Stamps

The revenue stamp of Rs. 1 value is available in India. It should be affixed on the receipt for any money or other property where the amount/value exceeds Rs. 5000. It is obligatory to use stamp paper for creating the enforceable document. The revenue stamps shall be used of specific value as per the guidelines stated in the Stamp Act.

  • Impressed Stamp

According to Section 2 (k) of the Bombay Stamp Act 1958, Impressed stamp includes labels affixed and impressed by the proper officer, stamps embossed or engraved on stamped paper, impression by franking machine, impression by any such machine as the State Government may specify by notification in the Official Gazette and receipt of e-payment.

  • Adhesive Stamp

Adhesive stamps are labels that can be conveniently stuck on the instruments. Adhesive stamps are of two categories. They are postal and non-postal stamps. The Postal stamps are used only for the transaction with the post office and related activities. A non-postal stamp can be used as a court fee stamp, revenue stamp, special adhesive stamp, etc.

  • Court Fee Stamp

The public departments use the Court Fee stamps for correspondence with Government Departments such as a Registration Offices, Revenue Offices, etc.

Conclusion

The Government has sanctioned the new way of the stamp known as e-stamping. The system of stamp paper/franking is now replaced by E-stamping system. Stamped papers are still in use. However, electronic versions are being developed to reduce the risk of fraud. It is a computer-based and a secure way of paying non-judicial stamp duty to the government. E-Stamping is currently used in Maharashtra, Karnataka, Delhi, Tamil Nadu, Rajasthan, etc. It is always advisable to purchase stamp papers from approved legal stamp vendors by Government.

Judgement: Satvinder Singh V/s State of Bihar

Case No.: 951 of 2019

Date: 1/07/2019

Facts of the Case

This appeal has been filed with the Honorable Supreme Court pursuing the dismissal of the application made by the appellant to the High Court of Patna under section 432 of Criminal Procedure Code, 1973, regarding the order passed by the Judicial Magistrate of Nawad, Rajauli, which has taken the cognizance of the offence committed under section 53(a) of the Bihar Excise (Amendment) Act, 2016.

The respondents in the matter earlier, here the appellant was the member of the Rotary club, travelling from Girid, Jharkhand to Patna, Bihar to attend the meeting of the club (Rotary Club) that was supposed to be held on 25/06/2016. The traveller in a private vehicle was travelling to a destination where at Rajauli check post, District Nawada they were stopped for a routine checkup after the thorough search of the vehicle Sub-Inspector did not find any incriminating substance or any alcoholic beverage. Sub-inspector Excise Sachidanand Bharti further decided to check whether there is any person who has consumed the alcohol and the appellant was further subjected to breathe analyzer after which some percentage of alcohol was found. Soon after this report the appellants were arrested and detained for the period of two days.

First Information Report was lodged on 25/06/2016. The Chief Judicial Magistrate, Nawada took the cognizance of the offence passed the order dated 30/07/2016. The appellants in this case then filed the appeal against the order under section 432 of Criminal Procedure Code, 1973 with the High Court of Patna in plea to set aside the order were dismissed and were continued to bear the infliction of the order of Chief Judicial Magistrate.

Issues of the Case

1. Does a private vehicle is to be considered as a public place?

2. Whether the consumption of alcohol has been conducted in the state of Bihar or not?

3. Whether section 37(b) will be applicable or not?

Judgment

The Honorable Supreme Court after hearing both the sides has envisaged its observation that the question regarding whether it is appropriate to interpret a private vehicle as a public place, then yes the private vehicle though by right is not a public place but any place to which public has access, can approach and has to right to use and enter is a public place and any private vehicle on road is easily approachable though not by right but because of the use of the road so in the context any interpretation informing the meaning in such a narrow form will leave the purpose unserved or meaningless to the extent.

The court also in its observation states that any person consuming liquor or any alcoholic beverages within the state of Bihar will be held punishable for the offence under section 53(a) of the Bihar Prohibition and Excise Act, 2016. Hence it will be appropriate for the Chief Judicial Magistrate to decide whether such offence has been committed on the land of State of Bihar or not will be decided on the basis of the facts and other reports present by the authorities in this behalf. Also under section 37(b) a new offence can be contemplated that any person if found in a state of drunkenness or enter the territory of the state have consumed alcohol will be in violation of the law, but no such offence has been given in Bihar Prohibition and Excise Act, 2016 so as of now the activity of consuming the liquor has to happen in the State of Bihar which however cannot be traced by this court.

Also observing the material facts and deficiencies that have arose remained unanswered so the court sees no objection valid in allowing the person to file for an application to discharge the matter, if at any stage such matter will not be discharged such dismissal should be reasoned by the Chief Judicial Magistrate after analyzing thoroughly all the facts and reports, further the Court decides to administer justice it will be right if the cases are handed over to the Chief Judicial Magistrate, Nawad.

The Honorable Supreme Court decides to discharge and dispose of the appeal by reverting matter to the Chief Judicial Magistrate for reconsidering the facts and also states that the appellant is at liberty to make an application for discharge.

Sexual Violence laws under the Indian Penal Code

Sexual violence has always been a major issue that a woman and a girl in India have to face. These individuals already face a lot of challenges in order to obtain justice through our Indian Legal System and for those who belong to other strata of societies. Sexual violence means some individual forces or manipulates another via some sexual activity that is not required or without taking consent from that particular individual. The term sexual violence is usually defined as a criminal offence that usually comprises of sexual assault, rape, sexual abuse and such other crimes which is punishable under the Indian Penal Code. They also take advantage of their fear, age, if they have any illness, disability or under the influence of alcohol or any other cause or effect. Sexual violence takes place in various forms. Some of them have been listed below:

Forms of Sexual Violence

  1. Sexual harassment: They are a form of unwanted sexual behaviour by making unwelcome and inappropriate sexual remarks or any other physical advances in the workplace or any other area. You should always feel comfortable while working in your office or any other area. If one feels that they are sexually harassed, they must immediately report it to the law enforcement authorities so that they can take appropriate action for the same. A complete definition is also given in the Indian Penal Code which is as follows- A man committing any of these acts will be liable for sexual harassment of a woman under the Indian penal code. In cases of sexual assault, the punishment is given under section 354 b of the IPC.

The components of sexual harassment are as follows:

  1. Physical contact and advances involving unwelcomely and other explicit overtures.
  2. Demand for sexual favours
  3. Showing pornography against the will of the woman
  4. Making sexually coloured remarks, etc.

Both verbal and physical harassment is included under this definition.

  1. Stalking: It a serious offence and an illegal act of the following someone and keeping a close watch on them over a period of time. One must be very alert so that the stalking behaviour can be noticed, and action can be taken immediately before the issue escalates and steps can be taken to protect oneself. Instances when stalking is not considered as a crime- Stalking is not considered as a crime when it is carried out under a legal duty or for any sort of investigation or for preventing crime or any other act where reasonable justification is given by the accused of committing such an act.
  2. Child abuse: In a certain context, it means mistreatment, or a certain set of complex behaviour that includes the following- neglecting the child and abusing the child overall that is physically, emotionally as well as physical and sexual abuse of children.
  3. Rape: An unlawful sexual activity, where the act of sexual intercourse is committed forcibly that is without seeking the consent of the person, and usually threatening them with some kind of violence or any other action. Rape is also defined in the Indian Penal Code. It is also considered that even if the slightest activity is performed. And is considered as unlawful if the following circumstances are not considered a. If the act is done against her and consent b.  With or without any consent for the woman below 18 years of age c. With her consent in cases where the woman is intoxicated or is of unsound mind d. with consent if such consent is obtained by causing fear of death or hurt e. With her consent in case of her husband. F. also when the woman is not able to communicate her consent. Even martial Rape is considered an offensive act and is categorized under rape it is also a punishable offence under Indian Penal Code.
  4. Cybercrime and Sexual Violence: Recently, many cases have come to light. Many cases have come up, for example- Cyberstalking, pornography sometimes resulting in blackmailing, cyber bullying, and in many other forms.
  5. Voyeurism: It is defined as a man who is watching or clicking the image of a woman while she is engaged in a private activity, where generally no woman would want an observer for the same. It is a criminal offence under section 354 of the Indian Penal Code.
  6. Human trafficking: Human trafficking means the trade of humans mainly woman and children for the purpose of forced labour, or sexual slavery or commercial sexual exploitation or for any other reason generally without their consent.
  7. Prostitution: It means where the practice or employment with regards to engaging someone in sexual activity in exchange for money. There is no strict law under the Indian Penal code yet to cater to punishment with respect to prostitution. In some case where the woman is forced under this for performing the same is considered illegal. However, prostitution is not yet declared as illegal as per the laws of India.

Sexual Violence laws in India

Punishment for the above acts of sexual violence is given under Indian Penal Code it is listed below.

  1. Punishment for sexual harassment: Rigorous imprisonment for a term of up to three years or fine or it may be both in some cases. In certain instances, it may be simple imprisonment and may extend up to 1 year with or without fine or both.
  2. In cases of sexual assault against the woman: Imprisonment simple or rigorous up to 3 or a maximum of 7 years along with a fine as decided by the judges.
  3. Stalking: It is catered under section 354 D under the IPC as a criminal offence. The punishment is divided into two categories they are- Simple offenders, repeat offenders etc. The punishment for first-time offenders is simple or rigorous punishment with imprisonment of up to three years along with fine, and for the repeat offenders, it is imprisonment of up to 5 years for both simple and rigorous plus fine.
  4. Rape: Rigorous imprisonment of seven years or for life the person responsible for the act is also liable to pay fine.
  5. Human trafficking: The laws for controlling is governed by the Immoral traffic prevention act 1956, and the person or group found violating such rules shall be punishable with imprisonment of seven years or life imprisonment.
  6. Voyeurism: The imprisonment can vary from three to a maximum of up to seven years.
  7. Child abuse: The person responsible for the act will be sentenced to imprisonment of up to six months with or without fine.

Conclusion

Therefore, it is seen that there are very strict laws in India, at least with respect to sexual violence. Thus, it is also universally, noted that generally sexual violence is carried out against women and children. Nowadays, it is seen that many laws which have been laid down for protecting the rights and interest of woman it is lately seen that many have been misusing the rights and making false allegation for the same. Provisions for this must also be made under the law.

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