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Intellectual Property: Registration and Effects
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Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
Essential elements of a sale under the Transfer of Property Act
Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
How is 'BLACK MAGIC' governed in India
Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
Mohan Breweries & Distilleries V/s Commercial Tax officer, Madras
Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
Significance of a Police Clearance Certificate in a pending Accident Case
Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
Dr. M. Kocher V/s Ispita Seal
Smt. Seema Kumar V/s Ashwin Kumar
Leo Francis Xaviour V/s The Principal, Karunya Institute
Nazir Mohamed V/s J. Kamala and Ors.
Addissery Raghavan V/s Cheruvalath Krishnadasan
Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
K. Sivaram V/s P. Satishkmar
Basir Ahmed Sisodia V/s The Income Tax Officer
Burden of Proof
Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
Surendra Kumar Bhilawe V/s The New India Assurance Company
Seat Vs Venue of Arbitration
D. Velusamy V/s D. Patchaimmal
Standard from of Contract - Legal or Illegal?
Life Insurance Corporation of India V/s Mukesh Poonamchand Shah
MSME Debt Recovery Provisions
Neelam Gupta Vs Mahipal Sharan Gupta
Analysis of Section 11A of Industrial Dispute Act, 1947.
Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
Plea of Adjustment
Filing of Complaints against biased Judges
G. Raj Mallaih and Anr. V/s State of Andhra Pradesh
Zee Entertainment Enterprise Ltd. V/s Suresh Production
Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
Triloki Nath Singh V/s Anirudh Singh
Milmet Oftho & Ors. V/s Allergan Inc.
Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
The Maharashtra State Cooperative Bank Ltd V/s Babulal Lade & Ors.
Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
National Insurance Co. Ltd V/s Hindustan Safety Glass Works
Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
Shyamal Kumar V/s Sushil Kumar Agarwal
NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
Is Registration Compulsory under Trademark and Copyright?
Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
How to get a Marriage Certificate?
Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
59 Chinese Apps banned in India
Litigants and the Lockdown - A Court Perspective
Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
Police Interrogation
Prenuptial Agreements
Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
Importance of Consent
Faulty Machine Aids Medical Negligence
The Special Marriage Act, 1954
Top 2019 judgements by Supreme Court
National Medical Commission Act 2019
Money Laundering
Hindu Undivided Family (HUF)
Child Labour
Endorsement under Negotiable Instrument Act
Quashing of an FIR
Annulment of Marriage
Probate
FAQ's on Trademark
EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
What is a Stamp Paper?
Sexual Abuse in Shelter Homes
Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
Marriage Registration under the Special Marriage Act
Rights of Tenant
Classification of various Collar Jobs
Documents to be submitted for ITR Filing
Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
Dissolution of Marriage - Christian
Noting And Protest
Hostile Witness
Unfair Trade Practice
All you need to know: Drafting a Legal Notice
Fraudulent and unauthorized transactions at ATM
Is legal documentation important in medical practice?
Why do doctors need to be updated with medical negligence laws?
Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
Does telephonic consultations amount to culpable negligence?
Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
Why less Indemnity cover is risky for Doctors?
Procedure for filing a Notice in India
Format of Legal Notices in India
Citizenship Amendment Act, 2019
Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
More about Contested Divorce
Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
More about Joint Venture
Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: Adv. Kishan Dutt Kalaskar
Date:14 May 2021
Criminal
Comments:0
Views:1080
Likes:0It is always said that young students are the future of our country. Recently, there has been an increase in student activism where students, especially university going students, have started speaking up against malpractices committed by those around them. Popular resentment movements have been organized against measures taken by the government that are oppressive and arbitrary in the opinion of these students. There are multiple instances of movements by students against their college administrations as well. For example, many students organized mass protests and marches against the Jawaharlal Nehru University's decision to increase the hostel fees. With the rapidly rising activism, the Police have also simultaneously started taking actions against these demonstrations. Occurrences of students' arrest are not limited to their participation in these movements but also include situations where police officers use their authority to arrest or proceed against students for sitting in parks with their partners, smoke in public, consume alcohol, breaches of any curfew or lockdown imposed etc. While some of these actions are genuine and lawful, others abuse the police's power.
On many occasions, the Police have registered criminal cases against students, which hampers these students' careers and growth. They cause hardship to innocent students by affecting them emotionally and economically. They may be denied various opportunities on account of a criminal record and may be unable to build a future of their choice. This article lists out the remedies which can be availed by such students against false and frivolous FIRs that are registered by the Police.
How does a criminal record affect the students?
Criminal charges against any person can have a serious impact on their lives, especially in their professional careers, and must not be taken lightly. Many students wish to pursue higher studies abroad, and having any such criminal record drastically reduces their chances of getting into good universities. Criminal convictions negatively reflect upon any opportunities for higher education. As per the data collected by Criminal Watchdog, about 66.4% of university colleges require a declaration of an applicant's criminal records. In such cases, the odds of admission depend upon the gravity of the offence for which the applicant student has been charged or convicted. Generally speaking, charges of violent and sexual offences will lead to rejection, while persons accused of petty offences may be allowed depending upon the circumstances and the desired course. Since foreign studies are usually very expensive, most students seek financial aids through scholarships and loans; having a criminal record reduces the likelihood of obtaining any grants, aids or loans. Furthermore, as students seek housing facilities in or around campus, many people will be less interested in giving housing facility to students accused or convicted of a crime. Difficulties may even arise in the grant of visa application and other clearance by an immigration authority.
A student's past criminal record can impact them when they wish to stay within India. For instance, in the State of West Bengal and ors. v. Nazrul Islam, the Supreme Court has explicitly held that a person accused of any offence or against whom criminal charges have been levied is not eligible for appointment to a government job unless an order of acquittal has been passed. Thus, if any of the students falsely implicated by the Police wish to be in government service, they cannot do so unless they have been acquitted by the Court, which may take years. Some careers require the obtaining of a character fitness certificate before a person can enter into services. For example, law students are required to pass the character fitness test before obtaining their enrollment with the Bar Council. If medical students are charged with a misdemeanour or any offence related to drugs, they can be prohibited from practising medicine altogether. Thus, having any false allegations levied or proved before a court of law can adversely impact a student's career.
Instances of students' arrest by Police
In the past few years, the arrests of many students for participating in protests have come to light. In January 2020, the Hyderabad police registered a criminal case against six students of the University of Hyderabad for attempting to take out a rally. The students alleged that the Police maltreated them, and a complaint was filed without any reason against them. Similarly, Commissioner KT Balakrishna suo motu registered a case for the offence of sedition against students in Bangalore on the basis of a video clip of them holding placards that said 'free Kashmir'. The Delhi police booked some students of the Jamia Millia Islamia University, including Umar Khalid, under the Unlawful Activities (Prevention) Act for allegedly conspiring the communal riots that took place during demonstrations against the Citizenship Amendment Act.
Police Clearance Certificate
>Having criminal cases registered against oneself can also create a hindrance in obtaining a police clearance certificate (PCC). PCC is an official clearance certificate that is issued to a person by the Police. It is mandatory for immigration purposes, especially when one applies to obtain a visa in a foreign country. Such a visa is required when a student wishes to either study further or work in a country other than India. While giving a clearance, the Police scrutinize the record of the concerned individual, including instances of any criminal behaviour or allegations. Sometimes, a PCC is also made a requirement by individual firms or companies seeking to employ a national of a country other than their own. Thus, when students have, in their past, any association with criminal groups or instances of unethical behaviour or false criminal cases lodged against them, they will not be able to pursue a career abroad.
>While the Police has the authority to deny issuing a PCC on the ground of a pending criminal trial, an aggrieved student can file a writ petition under Article 226 of the Constitution to direct the Police to issue a clearance certificate. In Dr Shahul Hameed Aboobacker v. Regional Passport Officer, it was held that a person could be granted a PCC only in the absence of any adverse information that renders them ineligible for the grant of travel facilities. The pendency of a criminal case is not a reason by itself to render the individual ineligible for grant of travel facilities, and one can obtain the permission of the Court before which the case is pending and then travel abroad.
Remedies against false FIRs lodged by the Police
The police file fIRs only in cognizable cases, i.e. the cases that do not require an arrest warrant from the Magistrate. False lodging of cases by the Police can severely impact a student's life and career and is an outright abuse of power. It is used as a means to suppress the voices of those who are in an inferior position. Once a criminal complaint or an FIR is filed, there is less possibility that the individual will not be proceeded against. Nonetheless, in such situations, a student can take recourse to the following legal remedies:
Quashing of FIR
Under Section 482 of the Code of Criminal Procedure (CrPC), the High Court has an inherent power to 'pass such orders as are necessary to prevent the abuse of process of the Court or secure the ends of justice'. Section 482 bestows the High Court with wide powers, and the Court has been approached on various occasions to quash frivolous FIRs and complaints filed against persons. The Section does not list out any well-defined grounds for quashing of FIR, but the Courts have evolved various considerations to be looked at in such situations. In Prashant Bharti v. NCT of Delhi, the Court held that in petitions for quashing of FIRs, the Court must ascertain whether the material presented by the accused person is sufficient to persuade any reasonable man to believe that the allegations are false or lack any factual basis. It should also be seen whether the continuance of a criminal case will serve the ends of justice or misuse the process of the Court.
In RP Kapur v. the State of Punjab, it was held by the Apex Court that a criminal proceeding could be quashed if any of the three situations are satisfied, namely, there is a legal bar against the endurance of the proceedings, or the contents of the FIR do not, prima facie, being out a criminal offence or when there is no evidence of the commission of such offences.
A Writ Petition under Article 226
A falsely accused student can also invoke writ jurisdiction of the High Courts for quashing of false complaints or FIRs. A criminal writ petition can be filed before the High Court praying for dismissing the criminal charges. In Kapil Aggarwal v. Sanjay Sharma, the Supreme Court held that if an FIR has been filed only to harass the accused person or is an abuse of the process of Courts or it amounts to pressurizing the accused, the High Courts can exercise their powers under Article 226 of the Constitution or Section 482 of CrPC and quash the criminal proceedings.
Filing a complaint under the Indian Penal Code
Lodging of a false FIR or criminal complaint is an offence under the Indian Penal Code (IPC). Both Sections 182 and 211 of IPC deal with filing a false report, but Section 182 applies only to private persons for knowingly providing false information to a public servant, whereas Section 211 can be used to proceed against any person instituting false criminal proceedings against a person. The provision lays down that whoever, with a mala fide intention to cause injury to another institute any criminal proceedings against them when they know that there is no legal or factual ground for such proceeding against the other, shall be punishable with imprisonment for a term which may extend up to seven years and be liable to pay fine.
Similarly, under Section 220 of IPC, any person having the legal authority to commit a person to trial or keep them in confinement, corruptly or maliciously keeps them in confinement or commits them for trial and acts contrary to law shall be punishable with imprisonment which may extend up to seven years or fine or with both.
Conclusion
Filing of unnecessary and false cases against innocent persons amounts to gross injustice. It causes them to suffer mentally and constitutes a wasteful expenditure. If students are arbitrarily booked for exercising their rights or without any fault, they will be oppressed and denied opportunities to better their futures. This may result in the blocking of several career paths and may impose restrictions on their movement. The law provides remedies to students who are falsely implicated or without any reasonable grounds. It is imperative that abuse of power by the Police must be checked, and innocent persons must be protected.
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