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White Collar Crimes KSLU Notes Grand Final

Llb (Karnataka State Law University)

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WHITE COLLAR
CRIMES
3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW
UNIVERSITY

MOST IMPORTANT PREVIOUS YEAR QUESTIONS

ALONG WITH ANSWERS

By
ANIL KUMAR K T
Mob: 9584416446

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Karnataka State law university 3 & 5 year LLB

ANIL KUMAR K T LLB COACH

White Collar Crimes
Most important previous year Questions
1. Define white collar crimes along with its kinds and characteristics.
2. Enumerate the crimes under the prevention of corruption act 1988.
3. Explain the functions regarding the appointment, powers and
procedures of Lokayukta under the Karnataka Lokayukta Act 1984.
4. Discuss the background, observation and suggestion of certain
commission.
5. Discuss the provisions of Advocates act 1961 regarding disciplinary
action against advocates.
6. Discuss the salient features of protection of Civil Rights Act 1956.
7. Explain the main feature of the scheduled castes and scheduled tribes (
prevention of Atrocities ) act 1989.
8. Write a note on Tax avoidance and tax evasion.
9. Write a note on medical deviance.
10.Write a note on Official deviance.
11.Every accused shall be presumed to be innocent till proved guilty. How
far is this principle relevant in talking socio economic offences.
12.Explain the concept of official deviance.
13.The constitution of India and criminal procedure code provide some
safeguards against arbitrary use of powers by police discuss.
14.Discuss the background, observation and suggestions Lentin
commission.
15.With reference to decided cases, discuss the provisions of Advocates Act
1961 regarding disciplinary action against Advocates.
16.Explain the salient features of domestic violence Act 2005.
17. Critically evaluate the policy of immoral traffic (prevention).
18.Write a note on Lokayukta Institution.
19.Write a note on social disabilities under protection of civil rights act
1956.
20.Crime committed by a person of responsibility and high social status in
course of his occupation”. Critically examine?

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21.Explain the report of Lentin Commission.

22. What are the guidelines issued by the supreme court of India to prevent
sexual harassment.
23.Write a note on Food adulteration and police as perpetrators of crime.
24.Explain police deviance and accountability mechanisms.
25.Explain the provisions relating to appointment, powers and procedures
of special judges under prevention of corruption Act 1988.
26.Discuss the repressive measures adopted under drugs and cosmetics Act
to prevent adulteration of drugs.
27.Discuss the importance of opinions of disciplinary committee of Bar
council of India.
28.Discuss the salient features of the immoral traffic act (prevention) Act
1986.
29.Write a note on medical malpractices.
30.Write a note on N N Voraha committee report.
31.Write a note on legal framework to prevent the social evil of
untouchability.
32.Write a note on political corruption.
33. Discuss the background and observation and suggestions of Lentin
commission.
34.Discuss the case of V. C. Ranga Durai V/S Goplan and others AIR 1999 S.C
281.
35.Define “ Atrocity” and Explain punishment for offences of atrocities
under the scheduled castes and scheduled tribes ( prevention of
Atrocities) Act 1989

BY
ANIL KUMAR K T LLB COACH

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1.Define white collar crimes along with its kinds and characteristics.
Introduction:
White-collar crime is a non-violent crime where the primary motive is typically
financial in nature. White-collar criminals usually occupy a professional
position of power and/or prestige, and one that commands well above average
compensation.

The term “white-collar crime” was coined in the 1930s by sociologist and
criminologist Edwin Sutherland. He used the phrase to describe the types of
crimes commonly committed by “persons of respectability” – people who are
recognized as possessing a high social status. Sutherland eventually founded
the Bloomington School of Criminology at the State University of Indiana.

Prior to Sutherland’s introduction of the concept of white-collar crime, the

upper classes of society were thought to be largely incapable of engaging in
such criminal activity. Such a belief was so deeply entrenched in society that
when Sutherland first published a book on the subject, some of America’s
largest companies successfully sued to get the book heavily censored.

Characteristics:

Three characteristics of white-collar crime are particularly important:

(1) The offender has legitimate access to the target or victim of the crime on
the basis of an occupational position;

(2) the offender is spatially separated from the victim; and

(3) the offender’s actions have a superficial appearance of legality.

Types of White-collar Crime

White-collar crime encompasses a wide range of offenses, including the

following:

1. Fraud

Fraud is a broad term that encompasses several different schemes used to

defraud people of their money. One of the most common and simplest is the
offer to send someone a lot of money (say, $10,000) if they will simply send
the fraudster a little money (say, $300 – the fraudster may represent the

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smaller sum as being a processing or finder’s fee). Of course, the fraudster gets
the money that is sent to him but never sends out the money he promised to
send.

2. Insider trading

Insider trading is trading done with the benefit of the trader possessing
material, non-public information that gives him or her an advantage in the
financial markets. For example, an employee at an investment bank may know
that Company A is preparing to acquire Company B. The employee can buy
stock in Company B with the expectation that the company’s stock will rise
significantly in price once the acquisition becomes public knowledge.

3. Ponzi scheme

Named after Charles Ponzi, the original perpetrator of such a scheme, a Ponzi
scheme is an investment scam that offers investors extremely high returns. It
pays such returns to the initial investors with the newly deposited funds of
new investors.

When the scammer is no longer able to attract a sufficient number of new

clients to pay off the old ones, the scheme collapses like a house of cards,
leaving many investors with huge losses.

4. Identity theft and other cybercrimes

Identity theft and computer system “hacking” are two of the most widespread
computer crimes. It’s estimated that losses from identity theft in the United
States alone totaled nearly $2 billion in 2019. California, with over 73,000 cases
of identity theft reported, was the state whose citizens suffered the most from
the crime – Florida was a very distant second with 37,000 reported cases.

5. Embezzlement

Embezzlement is a crime of theft, or larceny, that can range from an employee

taking a few dollars out of a cash drawer to a complex scheme to transfer
millions from a company’s accounts to the embezzler’s accounts.

6. Counterfeiting

Our money has become more colorful and expanded in detail because it had to
in order to combat counterfeiting. With today’s computers and advanced laser

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printers, the old currency was just too easy to copy. However, it’s questionable
how successful the government’s efforts in this area have been. Rumor has it
that very high-quality copies of the new $100 bill were available within 24
hours of the new bill first being issued.

7. Money laundering

Money laundering is a service essential to the needs of criminals who deal with
large amounts of cash. It involves funneling the cash through several accounts
and eventually into legitimate businesses, where it becomes intermingled with
the genuine revenues of the legitimate business and is no longer identifiable as
having originally come from the commission of a crime.

8. Espionage

Espionage, or spying, is typically a white-collar crime. For example, an agent of

a foreign government that wants to obtain part of Apple Inc. technology might
approach an employee at Apple and offer to pay them $10,000 if they will
provide a copy of the desired technology.

Classifying White-Collar Crime

White-collar crime is commonly subdivided into two broad, general categories:

1. Individual crimes

Individual crimes are financial crimes committed by an individual or a group of

individuals. An example of an individual white-collar crime is a Ponzi scheme,
such as the one run by Bernie Madoff. Other individual crimes in this category
include identity theft, hacking, counterfeiting, and any of dozens of fraud
schemes.

2. Corporate crimes

Some white-collar crime occurs on a corporate level. For example, a brokerage

firm may let its trading desk employees engage in an insider trading scheme.
Money laundering may also be conducted on a corporate level.

2.Enumerate the crimes under the prevention of corruption act 1988.

Introduction:

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The Prevention of Corruption Act, 1988 (PCA, 1988) is an Act of the Parliament
of India enacted to combat corruption in government agencies and public
sector businesses in India.
The PCA 1988 has gone through many amendments in order to better
implement it. This article will highlight the features of the Prevention of
Corruption Act and also shed light on the amendments implemented.
The Prevention of Corruption Act was enacted in order to fight corruption and
other malpractices in government and public sector business in India.Under
PCA, 1988 the Central Government has the power to appoint judges to
investigate and try those cases where the following offences have been
committed

• Offences punishable under the act

• A conspiracy to commit or an attempt to commit the offences specified
under the act
The following are the offences specified under the Prevention of Corruption
Act as well as their subsequent punishments:

Punishments and Offences under PCA, 1988

Offences Punishments

Taking gratification other than legal Those found guilty shill face imprisonment
remuneration of 6 months extendable upto 5 years. A fine
shall also be levied

Taking gratification with the purpose of Imprisonment for not less than three years
influencing a public servant, through which is expandable upto seven years. A
illegal and corrupt means fine shall also be levied.

Taking gratification with the purpose of Imprisonment not less than 6 months
wielding personal influence with public extendable upto 5 years. A fine shall also be
servant levied

Act of criminal misconduct by the public Imprisonment not less than 1year
servant expandable upto 7 years. A fine shall also
be levied

Investigation shall be done by a police officer not below the rank of:

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• In the case of Delhi, of an Inspector of Police.

• In metropolitan areas, of an Assistant Commissioner of Police.
• Elsewhere, a Deputy Superintendent of Police or an officer of equivalent
rank shall investigate any offence punishable under this Act without the
order of a Metropolitan Magistrate or a magistrate of first class, or make
any arrest therefore without a warrant.

3.Explain the functions regarding the appointment, powers and procedures

of Lokayukta under the Karnataka Lokayukta Act 1984.
Introduction:
Lokayukta is an official appointed by the government to represent the interests
of the public. It is an anti-corruption authority or ombudsman.
The first Administrative Reforms Commission headed by Mr. Morarjee Desai
recommended for Sweden based Ombudsmen type of institution. Accordingly
the center can have Lokpal and states can have Lokayukta. Though the
institution of Lokayukta was introduced for the first time in Odisha but it was
not able to implement it. Maharashtra was the first state to implement in
1973. It investigates the allegation against officials like corruption, favouratism,
nepotism, injustice and other grievances. It does not include Judges, Speaker,
Chairman, Accountant General, Chairman and Members of State Public Service
Commission Commission, Judges of Civil and criminal court. The Lokayukta
receives the petition from the public and conducts inquiries. It has power to
raid on the houses and offices of corrupt official.

The organisational structure of Lokayukta

• The Lokayukta structure does not follow a consistent pattern across all
states. Some states, such as Rajasthan, Karnataka, Andhra Pradesh, and
Maharashtra, established both the Lokayukta and the Up-Lokayukta.
• Other states such as Uttar Pradesh and Himachal Pradesh, established
only the Lokayukta. In Jammu and Kashmir, there is no Lokayukta of Up-
Lokayukta.
• For instance, the Madhya Pradesh Lokayukta has the following
functional wings
o Administrative and Enquiry Section
o Legal Section
o Special Police Establishment (SPE)

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o Technical Cell
o District Vigilance Committees

Appointment of Lokayukta

• The Lokayukta and Up-Lokayukta are two independent and impartial

bodies created to investigate public servants' conduct and decisions.
• These authorities are held to the same standards as Supreme Court and
High Court judges and are independent of the legislature and executive.
• The Governor is the one who appoints them. The Governor consults the
Chief Justice of the State High Court and the Leader of the Opposition in
the State Legislative Assembly when making appointments.

Qualification and Term of office

• In the states of Uttar Pradesh, Himachal Pradesh, Andhra Pradesh,

Gujarat, and Odisha, judicial qualifications are required for the
Lokayukta.
• In the states of Bihar, Maharashtra, and Rajasthan, however, no formal
qualifications are required.
• In the majority of states, the Lokayukta's term of office is set at five
years or 70 years of age (Himachal Pradesh), whichever occurs first, and
the Lokayukta is not eligible for re-appointment.

Jurisdiction

• There is no uniformity in the case of the jurisdiction of Lokayukta.

• For instance, The Chief Minister is subject to Lokayukta's jurisdiction in
Himachal Pradesh, Andhra Pradesh, Madhya Pradesh, and Gujarat, but
not in Maharashtra, Uttar Pradesh, Rajasthan, or Bihar.
• In the majority of states, the Lokayukta has jurisdiction over ministers
and higher government officers. Former ministers and civil bureaucrats
have also been included in Maharashtra.
• Lokayukta is responsible to the state legislature. Its annual report is
presented in the legislature, and conventionally its recommendations
are accepted by the House.

Functions and powers

• In this context, the Lokayukta has the following powers: supervisory

powers, i.e., the power to supervise and direct items referred for
preliminary inquiry or investigation;

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• Power of search and seizure;

• Power of civil court in certain cases;
• power to use state government officers' services;
• power of provisional attachment of assets;
• power of confirmation of attachment of assets;
• power of confiscation of assets, proceeds, receipts, and benefits arising
or procured by means of corruption, in special circumstances;
• power to recommend transfer or suspension of public servant
connected with an allegation of corruption;
• power to recommend transfer or suspension of public servant
connected with an allegation of corruption;
• Power to give directions to prevent the destruction of records during the
preliminary inquiry; and
• Power to delegate

4.Discuss the background, observation and suggestion of certain commission.

Sarkaria Commission

Background

• The agitation for State autonomy led to the creation of the Sarkaria
Commission by the Central Government to recommend changes in the
Centre-State relationship.
• The Commission submitted its report in 1988.
• The founding fathers of the Indian Constitution were deeply concerned
about ensuring the unity and integrity of the country. They were aware
of the forces of disruption and disunity working within the country.
These dangers at the time of independence could be handled only by a
strong government at the Centre.
• Therefore, the framers of the Constitution assigned a predominant role
to the Centre.
• At the same time, they made provisions for the establishment of
cooperative federalism.
• The working of the Indian federation during the last five decades clearly
shows that the relations between the Centre and the States have not
always been cordial.
• The Administrative Reforms Commission and several other Commissions
were appointed by the Government of India from time to time to
regulate Centre-State relations.

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• The Union Government appointed the Sarkaria Commission to suggest

ways and means to improve Centre-State relations.
• The clamour for more autonomy led to the constitution of the Sarkaria
Commission in 1983 which was asked to examine and review existing
arrangements between the Centres and the States in all spheres and
recommend appropriate changes and measures.
• An extraordinary situation, the need to defeat the emergency regime of
Indira Gandhi, brought them together. With the return of the Congress
party under Indira Gandhi’s leadership with a secure majority, the
movements for state autonomy slowly receded in the background.
• At the present moment, there is no movement for state autonomy like
earlier, even though the struggle to get more financial resources for the
state continues.
• In 1990 a visible change came in the correlation of forces active in Indian
politics.

Major Recommendations of Sarkaria Commission

The Sarkaria Commission finally submitted its report in the year 1988. The
Sarkaria Commission’s charter was to examine the relationship and balance of
power between state and central governments in the country and suggest
changes within the framework of the Constitution of India. Despite the large
size of its reports – the Commission recommended, by and large, status quo in
the Centre-State relations, especially in the areas, relating to legislative
matters, the role of Governors, and the use of Article 356.
Role of Governor

Issue of Appointment of Governor Issue of Removal of Governor

• On the issue of appointment of the • As far as possible, the

Governors, it made some important governor should enjoy the
recommendations, as given in the following: term of five years.

• The Governor should be eminent in some • He should be removed

walk of life and from outside the state. He before his tenure only on the
should be a detached figure without intense grounds as mentioned in the
political links, or should not have taken part constitution or if aspersions
in politics in the recent past. Besides, he are cast on his morality,
should not be a member of the ruling party.

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dignity, constitutional
propriety, etc.

• He should be appointed after effective • In the process of removal,

consultations with the state Chief minister the state government may
and Vice President and Speaker of the Lok be informed and consulted.
Sabha should be consulted by the PM
before his selection.

Regarding the use of Article 356: The Sarkaria Commission made the following
recommendations:

• This article should be used very sparingly and as a matter of last resort. It
can be invoked only in the event of political crisis, internal subversion,
physical breakdown, and non-compliance with the constitutional
directives of the centre.
• Before that, a warning should be issued to the errant state in specific
terms and an alternate course of action must be explored before
invoking it.
• The material fact and grounds on the basis of which this article is
invoked should be made an integral part of the Proclamation; it will
ensure effective Parliamentary control over the invocation of President
Rule.
• The Governor’s report must be a ‘speaking document’ and it should be
given wide publicity.
• So, the Sarkaria Commission was an important attempt to streamline the
centre-state relations.
• It has become a reference point for any discussion on centre-state
relations, and it has been frequently referred to even by the judiciary.
• On its recommendation, the Inter-State council was established in 1990,
and it has considered its recommendations.
• However, many of its important recommendations have not been
implemented and tensions in federal relations are a recurrent feature.
5.Discuss the provisions of Advocates act 1961 regarding disciplinary action
against advocates.
Introduction:

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As per Section 35 of The Advocates Act 1961, in case an advocate commits a

professional misconduct then he is liable for punishment. One can file a
complaint in the Bar Council of the particular state and if the disciplinary
committee of the council finds the complaint to be genuine then proceedings
are initiated against that advocate. So, for initiating the proceedings, a
complaint is the first step taken as per the procedure mentioned below-

Language of complaint

The complaint against a lawyer must be in the form of a petition. It can be in

English, Hindi or in any regional language that is declared to be a state
language. In case, the complaint is filed in Hindi or any other regional language,
it shall be submitted with a copy of its translation into English.

Verification of complaint

The complaint must contain the details of the lawyer against whom the
complaint is made as well as the personal details of the petitioner. The details
regarding the name, address, phone number, enrolment number of the lawyer
must be there. The complaint has to be duly signed and verified as required
under the Civil Procedure Code (CPC), 1908.

Fees and removal of defects in a complaint

Every complaint is to be accompanied by the fees which are prescribed in

the Bar Council of India Rules (i.e. 500 rupees or more, depending upon the
state where the case is filed). These rules have been placed under Section 49 of
the Advocates Act, 1961. The secretary of the Bar Council may require the
complainant to pay the fees if the prescribed fees have not been paid. The
secretary can also ask the complainant to remove the defects as he may find
necessary.

Moreover, to support the complaint the petitioner is required to contain an

affidavit on a non-judicial stamp paper of Rs 10/- and attest it by the Oath
Commissioner or the Notary. If the complaint is in order, it shall be registered
and shall be placed before the Bar Council for an order to be passed.

Notice to the lawyer

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Once the above proceedings are completed, the complaint is referred to one of
the disciplinary committees of the State Bar Association. Then the registrar
shall efficiently send a notice to the concerned lawyer.

The notice asks the lawyer to showcase within a specified time period.
Moreover, it asks the lawyer to submit the statement of defence, documents
and affidavits in support of their defence. In case, the advocate or his
representative do not appear in the court after receiving the showcase notice,
then the matter shall be heard and determined in his absence.

Date of enquiry

After the notice is sent, the committee discusses whether the complaint is
genuine and there is a requirement for the matter to be investigated. In case,
the committee thinks that the concerned lawyer is liable, then the disciplinary
committee of the State Bar Council chooses a date to hear the matter.

The date, hour and place of the enquiry are fixed by the chairman of the
disciplinary committee. The date of enquiry must not be later than 30 days
from the receipt of the reference. The registrar gives the notice regarding the
date and time of enquiry to the complainant, the concerned advocate and the
Attorney General or the Additional Solicitor General of India in whose presence
the case is to be decided.

The notice may be sent through messenger or by registered post. The

complainant is supposed to pay the cost of the notices unless the disciplinary
committee directs otherwise.

Appearance

Parties can appear in person or through an advocate who should file a

vakalatnama and give the name of the Bar Council in which he is enrolled, his
telephone number and his residential address.

In case either the complainant or the respondent do not appear in an inquiry

before the Committee, then the Committee may proceed with an ex-
parte decree. This decree is passed when either of the parties is absent on the
hearing date. It gives power to the judge to pass an order in favour of the party

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that is present there. If both the parties are absent then the complaint is
rejected and the petitioner has to file a fresh complaint.

Record of evidence and proceedings

Every document that is recorded by the Committee as evidence shall be signed

by the Chairman or by any member of the Committee in absence of the
Chairman.

Every disciplinary committee has to make a record of its day-to-day

proceedings. A case diary is to be maintained by the registrar in which all the
relevant information is to be recorded. For example, the date of filing, the date
for the hearing, details of service of the notices, statements or petitions filed
and other proceedings in matters before the committee.

All the above proceedings are considered to be judicial proceedings. Hence,

these are governed under Section 193 and Section 228 of the Indian Penal
Code (IPC), 1860.

Judgement

The disciplinary committee shall hear and determine the matter. The findings
of the committee along with a reason to support that finding may be given in
the form of a judgement. The registrar shall send a certified copy of the final
order to each of the parties in the proceedings free of charge. The order is to
be signed by all the members of the committee and then sent to the office of
the Bar Council. In case the committee believes that the matter should be
cross-examined and must be in the interest of justice, the procedure for the
trial of civil suits shall be followed.

6.Discuss the salient features of protection of Civil Rights Act 1956.

Introduction:
Under this Act enforcement measures have been made in respect of
punishments and the charge of untouchability has been made known. An
example of a ban on the entry of Scheduled Castes into temples should be
dealt with carefully. Those who promote such practices and promote
discrimination should be barred from doing so by introducing persecution to
them. The State Government has also issued various orders and directives

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from time to time for the removal of various difficulties and problems faced by
members of Scheduled Castes. Some facts regarding the same are shown
below-

• The Protection of Civil Rights Act came into force on 8th May 1955.
• The term “Civil Rights” is defined in Section 2 of this Act.
• It is defined as “civil rights” means any right accruing to a person
because of the abolition of “untouchability” by Article 17 of the
Constitution.[1]
• The Act determines the punishment for preaching and performing
“untouchability” and the imposition of any disabilities arising out
of there and related matters.
• Initially, when the Civil Rights Act was introduced it did not show
any impact on society but with the stream of time, it did make a
difference in society.

Indian Constitution On Civil Rights

The Protection of Human Rights Act, 1955, is a “special law” found in strategic
areas where the Constitutional amendment of blind equality must be amended
to address the reality of total inequality. Article 14 to Article 18 of the Indian
Constitution provides for the right of equality.

• Article 14 talks about equality before the law

• Articles 15 provides for social equality and access to public places
• Article 16 provides equality in matters of public employment
• Article 17 abolishes untouchability
• Article 18 provides for the abolition of titles
In regards to Civil rights, Article 17 plays an important role as it provides for the
abolition of untouchability. It is a punishable offense and various amendments
are made concerning it. The Untouchability Act, 1955 was introduced by the
Parliament and was amended by the Untouchability Amendment and
Miscellaneous Provision Bill, 1972.

Insight To Article 17

Article 17 of the Indian Constitution states that untouchability is abolished and

the practice of untouchability is forbidden. It is an offense according to the
law.

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The Supreme Court in People’s Union for Democratic Rights v. Union of

India[2] held that if the rights under Article 17 were violated by any individual,
then it would be the government’s responsibility to take immediate action.
This is to ensure that the poor SC and ST communities of unaffected people do
not have to come to court to enforce their basic rights.

Case Laws

In M.A. Kuttappan v E. Krishnan Nayanar and another[3], it was held by the

Hon’ble Supreme Court that in order to attract the provision of Section 7 (1) (d)
of the Protection of Civil Rights Act, it should be shown that such words have
the effect of insulting the plaintiff’s ground of untouchability.

In R.S. Raghunath v. State of Karnataka and another[4], it was held that in

Section 5 of the Protection of Civil Rights Act, 1955 no case is levied on
applicants since the hospital where the applicants work is a veterinary hospital.

Salient Features Of The Act

1. The amended law has strongly strengthened the provision for

eliminating untouchability. All known cases will not be considered
as non-compoundable and in cases where the sentence does not
exceed three months imprisonment, these may be tried
summarily.
2. For the punishment of untouchability both fine and imprisonment
will be awarded.
3. The Act considers research and studies to determine areas where
untouchability is practiced, establish committees to implement
the Act, and provide adequate resources and facilities to persons
with disabilities due to untouchability, enabling them to access
their rights.
4. Privately owned places of worship and land or apartments under
these private places of worship approved by the owner to be used
as public places of worship are brought within the purview of the
law.
5. Preaching and justification of untouchability on unreasonable
grounds of history, philosophy, etc. are also made an offense.
6. Forcibly engaging people to sweep is also an offense under the
Act.

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7. Where a convicted person under any of the above categories, in

possession of any license or other activity, trade, profession, or
hiring a trial court may revoke or suspend the license.
8. It is provided that the Central Government will consolidate the
steps taken by the State Governments by implementing the
provisions of the Act and, annually, tabling in House of Parliament
a report of itself and State Governments.
9. State governments have been empowered to impose fines in the
area of any concern and assist the commission.

Some Major Pitfalls In The Implementation Of The Act

Section 15-A of the Civil Rights Act provides that the State Government may
appoint officers to establish or use presiding officers for prosecution for
violation of the Act. The State may establish Special Courts to hear cases in the
Civil Rights Act offenses. Central Government and State governments need to
take steps such as these where necessary to protect all rights arising from the
elimination of untouchability.

Conclusion

Despite these pitfalls, the machinery is overcoming obstacles to its way to

implement the act more accurately and effectively over the years. The
condition of the untouchables and other lower castes have been improved
with its implementation. The act achieved to curb differences between the
upper and lower caste to some extent. Many backward areas still practice
untouchability but earlier they neither had proper machinery nor resources to
seek justice. In today’s era, they can fight for their rights and equal
opportunities.

7.Explain the main feature of the scheduled castes and scheduled tribes (
prevention of Atrocities ) act 1989.
Introduction:

Salient features and rules of the SC and ST Act, 1989

The Rationalities of the Act and the associated Rules cover a number of issues
or problems pertaining to atrocities against SC/ST people and their status
within society. The following are the three different categories under the Act:

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• Provisions relating to criminal law make up the first category. A

number of crimes are defined in this category, and it also extends the
scope of several categories of penalties described in the Indian Penal
Code.
• In the second category, victims of atrocities are entitled to relief and
compensation.
• Thirdly, the Act establishes special authorities for its implementation
and enforcement.
The following are the salient features of the Act:

• The Act tries to add new types of offences that are neither mentioned
in the Indian Penal Code, 1860 nor in the Protection of Civil Rights
Act, 1955.
• Offences can only be committed by certain individuals, e.g. barbarity
against SCs or STs can be committed only by non-SCs. This Act does
not apply to crimes committed between SCs and STs or between STs
and SCs. In Kanubhai M. Parmar v. State of Gujarat (2000), the Court
ruled that persons belonging to the Scheduled Caste or Scheduled
Tribe who commit a crime against another Scheduled Caste or
Scheduled Tribe cannot be prosecuted or punished as per the Act.
• There are 37 offences [offences mentioned in sub-section (1) and (2)
of Section 3] included in the Act that involve patterns of behaviour
inflicting criminal offences and breaking the self-respect and esteem
of the scheduled castes and tribes community. Among these are the
denial of economic, democratic, and social rights, as well as
exploitation and abuse of the legal system.
• Different types of atrocities committed against SCs/STs are defined
under the Act and strict penalties are prescribed for such atrocities
[Section 3(1) (i) to (xv) and 3(2) (i) to (vii) of the Act]. The Penalties for
public servants are enhanced in some cases.
• Punishment for public officials who are delinquent in performing their
duties. [Section 3(2) (vii) of the Act].
• Attachment and forfeiture of property. [Section 7 of the Act].
• Experiment of potential offenders. [Section 10(1) and (3) of the Act].
• Creation of Special Courts [Section 14 of the Act]. In Mangal Prasad v.
Additional Session Judge (1992) the Court held that the special court

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has been appointed as a special Judge within the meaning of Section

2(d) of the Act. The Magistrate cannot take cognizance of the offence
unless the accused is referred to the special court by the Magistrate.
The special court cannot also act as a Magistrate in the exercise of his
powers or in taking cognizance of the Act, or in making a complaint to
the police station in accordance with Section 156 (3) of the Code of
Criminal Procedure, 1973.
• In addition to providing tribals with protection against atrocities, the
legislation also provides a regime for monitoring the state’s
retaliation against atrocities committed against Scheduled Castes and
Scheduled Tribes. Accordant to the Act and Rules, the District
Magistrates will submit monthly reports, a 25-member State
Monitoring and Vigilance Committee (SVMC) will meet weekly, and a
monthly report will be submitted by the District Monitoring and
Vigilance Committee (DVMC). Additionally, the Director of Public
Prosecutions (DPP) will be required to review every Special Public
Prosecutor’s (SPP’s) progress every quarter. It is mandatory to submit
annual reports by 31 March every year to the central government.
• A new definition of atrocity was established by the Parliament in 1989
when this Act was passed. In India, the term “atrocity” is often used
to describe crimes committed against SCs and STs. This refers to any
crime committed against SCs and STs by persons who are not SCs or
STs under the Indian Penal Code, 1860. It is not necessary to have a
motive for racial discrimination in order to commit such an offence.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules,
1995 were notified in 1995. These Rules provide for relief and rehabilitation
norms for the affected communities. The following are some of the major
provisions of the said Rules:

• According to Rule 3, the State Governments must take preventive and

precautionary measures regarding atrocity crimes.
• According to Rule 7(1), an officer at the DSP level is responsible for
investigating offences under the Act.
• Rule 7(2) provides that the investigation should be completed within
30 days and the report should be sent directly to the director of the
state police.
• Rule 8 states that there shall be the establishment of the Scheduled
Castes and Scheduled Tribes Protection Cell as part of the police

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headquarters under the supervision of the Director-General of

Police/IG Police.
• Rules 9 and 10 prescribe the appointment of a Nodal Officer at the
State level, not lower than the position of Secretary of the State
Government, and a Special Officer at the district level, not lower than
the position of Additional District Magistrate. These nominations shall
be for districts in which atrocity-prone areas have been identified,
and such nomination shall coordinate the functioning of District
Managers, Special Deputy Commissioners, and other relevant officers,
at the State and District levels.
• According to Rule 12(4), the victims of atrocities shall be offered
immediate cash or in-kind relief according to the prescribed norms.
• The State Vigilance and Monitoring Committee shall meet twice a
year, as per Rule 16 under the leadership of the Chief Minister.
• As per Rule 17, the Vigilance and Monitoring Committees at the
district level are mandated to meet at least quarterly.

8.Write a note on Tax avoidance and tax evasion.

What is Tax Avoidance?

Tax avoidance refers to the use of legal means to avoid paying tax. This is
majorly dependent on the tax laws of a specific country and the various
provisions of the taxation laws in that country. In such a case, taxpayers take
unfair advantage of the shortcomings in the tax rules which allows them to find
new ways to avoid the payment of taxes that are within the limits of the law.
Most taxpayers avoid tax by making adjustments in their books which are
within the legal provisions of the law.
Tax avoidance is the practice of taking unfair advantage of flaws in the tax code
by devising innovative ways to avoid paying taxes that are within the law’s
restrictions. Tax avoidance can be accomplished by altering the accounts in
such a way that no tax rules are broken.
What are the Reasons of Tax Avoidance by Taxpayers?
The following are few reasons of tax avoidance:

• The mindset of the taxpayer which forces them to exploit the provision
of the tax laws.

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• Constantly thinking of being charged a higher tax despite their lower

income.
• Significant reduction in the tax payable amount.

What are the Effects of Tax Avoidance?

There can be multiple effects of avoiding tax. The following are a few
significant effects:

• This leads to a reduction in public revenue collection and thereby

impacting the growth of a country.
• There is a significant impact on the black money which is piled up due to
tax avoidance, and can lead to unnecessary inflation.
• Honest taxpayers start having a sense of inequality as compared to
those who are avoiding tax and not facing any consequences.
• Delay in government projects due to restrictions in the amount of
spending.

What is Tax Evasion?

Taxpayers use tax evasion techniques in order to avoid their tax burden in part
or in full. This is done through illegal means and is a result of the taxpayer
employing unfair trading practices. These practices can include making false
statements, under-reporting of income, overstatement of the tax credit,
claiming personal expenses as a business, etc. Such practices can lead to
taxpayers being punished under the law and being charged a heavy penalty.

What are the Causes of Tax Evasion?

Tax evasion can be caused by various methods. The following are some of the
causes of tax evasion:

• The current tax structure of a country plays the most important role in
the cause of tax evasion. More the provisions with certain loopholes
more is the possibility of people evading tax through those loopholes.
• If the tax rates are higher in a particular country, it will lead to levying
higher tax on the taxpayer which will encourage them to reduce their
burden by avoiding tax.
• Lack of simplicity and accuracy of the tax laws in a country. The more
complex the law, the more are the chances of people using it to their
advantage.
• Lack of citizen’s tax integrity and commitment.

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• Claiming excess deductions in the return filed by the taxpayer as against

the actual expenditure.
• Underreporting of income from various sources. This will lead to a lower
total income and a lower tax burden.

9.Write a note on medical deviance.

Introduction:
In the world that we live in today, many people would find it difficult to imagine
living in a world where medicine and treatment are not readily available. The
replacement of religious explanations to medical and scientific explanations has
become a means of social control. If a person is in pain, they can easily set up an
appointment with a doctor and receive some sort of medical diagnosis.
However, there are certain instances where a problem has not been
medicalized, or recognized as a medical problem, and their issue will be
dismissed completely.
Medicalization in the “deviant” world can help people define whether their
behavior is an illness; however, it can also cause great amounts of trouble by
keeping the person under “control” with treatments, or through labeling the
person within a society as “deviant.”
Medicalization is a process in which certain medical problems and troubles are
defined and classified as a medical illness. In terms of deviance, medicalization
can occur to a sickness that deviates from the assumed social state of health—
something that is not classified as normal. However, in order to define an
“abnormal” behavior as medical, there needs to be a demand that some form of
treatment should exist, and a licenses professional should provide that
treatment
Medicalization is a process in which certain medical problems and troubles are
defined and classified as a medical illness. In terms of deviance, medicalization
can occur to a sickness that deviates from the assumed social state of health—
something that is not classified as normal. However, in order to define an
“abnormal” behavior as medical, there needs to be a demand that some form of
treatment should exist, and a licenses professional should provide that
treatment.
10.Write a note on Official deviance.
Introduction:

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White-collar deviance entails all unethical practices including legally delineated

crimes that high-ranking workers commit in their work. Many people mistake
white-collar deviance for white-collar crime; however, white-collar deviance
encompasses more factors than white-collar crime. In addition, white-collar
deviance covers deviances in government, corporate world, and private
industry as well.

The measurable constructs of deviance include moral, physical, and financial

harms that the elite class might cause in the course of their duty. Nevertheless,
it is important to note that, white-collar deviance covers all white-collar
workers, even though the attention mostly centers on the elites in society. The
fact that the elite in any society own and control the most resources
underscores the reason why people perceive white-collar deviance as a
deviance by the elites.

As aforementioned, the white-collar deviance usually gives the impression of

the elite and this highlights the relationship between white-collar deviance and
social class. Well, even though white-collar deviance does not explicitly refer to
deviance amongst the elites in the society, there is a strong positive correlation
between white-collar deviance and social class.

The underprivileged people in any society lack a feasible means to improve

their living standards and thus they stand less exposed to practices that can
lead to white-collar deviance. On the other hand, the elites are influential and
they can influence decision making at all levels as opposed to the
underprivileged that have little or no influence in decision-making.

Given the fact that the elite own power, they are likely to make decisions that
would favor their well-being, even if it means deviating from the norms. The
effects of such made decisions remain felt across the society thus linking the
high social class with white-collar deviance. In most cases, the elites involved in
white-collar deviance work in the government or have strong links with those
in the government thus government has been implicated in white-collar
deviance cases for a long time.

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After committing white-collar deviances, influential government officials are

known to interfere with law enforcement to protect their interests or those of
their close allies. Government officials in this context represent government,
for without people there can never be government.

Despite the continued claims that judiciary is an autonomous body that carries
the mandate to prosecute law-breakers independently, influential government
officials still influence judicial processes in some ways. Such interference of
judicial processes is a white-collar deviance in itself. Elites in the government
are foxy and even if they do not alter judicial processes, they can influence the
interpretation of law to suit their personal interests.

From another perspective, governments can formulate and implement

regulations that do not allow fair and free business practices. Regrettably, even
when some policies, implemented by senior government officials fail to bear
fruits or lead to disaster, the government tolerates these officials.
11.Every accused shall be presumed to be innocent till proved guilty. How far
is this principle relevant in talking socio economic offences.
Introduction
In the current times, when India is witnessing a violent upsurge in crimes, and
specifically brutal crimes like rape, the country has felt the need to establish a
more deterrent approach towards justice delivery. But does justice comes at the
cost of ignorance towards one’s fundamental human rights?

The lawmakers have recently introduced provisions which put the accused on
the pedestal where to get free he has to prove his innocence rather than the
prosecution discharging the proof. However, there are certain principles in the
criminal justice system that can never be overlooked. If neglected they will only
lead to miscarriage of justice. Presumption of innocence is one such principle.

Justice is never alien to rights. Justice rests on the anvil of equal rights and
liabilities, therefore, in criminal trial rights of both the parties have to be
balanced to meet the ends of justice. Being negligent or biased towards any ones
right will lead to miscarriage of justice. A defendant/convict/accused has the
right to be presumed innocent until proven guilty and this is a central tenet of
our criminal justice system. Though not specifically enshrined in the criminal

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code of India, but there are provisions which work on this principle. Section 101
and 102 of the Indian evidence act, which assert that any person approaching
the court to give its judgment on any legal right or liability must prove the
existence of facts that he asserts. Thus, the burden of proving fact always lies
upon the person who asserts it. But there are certain provisions and statutory
regulations which undermine this principle and place the burden of proving
his/her innocence on the accused rather than on the prosecution. The common
law maxim, “ei incumbit probatio qui dicit, non qui negat “(the burden of proof
is on the one who declares, not on one who denies) was confirmed by the
Supreme Court, Burden of proof lies on the party asserting it and never on the
party denying it.

The presumption of innocence is the principle which asserts that an individual is

always considered “innocent until proven guilty”. This was first and foremost
laid by jurist Blackstone, when he said that it is better to let 10 guilty escape than
let a single one innocent suffer. The House of Lords in the landmark case of
Woolmington vs Dpp held that presumption of innocence is the golden thread
of criminal law and can in no way be jeopardized. The same was vehemently
followed by the Indian Supreme Court and is a well established principle of the
Indian jurisprudence. The presumption of innocence does not have the same
effect as other presumptions in criminal law. While other presumptions
generally deal with the alleviation of proof, the presumption of innocence does
not. There is no burden per se that is lifted from the defendant. Thus the
presumption of innocence does not have the effect of shifting the burden of
proof to the prosecution. Rather, the burden begins with the prosecution.
Accordingly, the presumption of innocence is akin to maintenance of status quo
of the defendant

In the case of Noor Aga Khan vs. state of Punjab it was held by the apex court
that, though not explicitly mentioned in the constitution, presumption of
innocence is nevertheless a potent background to the conception of justice, in
preserving confidence in enduring integrity and security of a legal system.

In the current times we witness that convictions are escaping the very
fundamentals of human rights principles by convicting persons on mere
suspicion rather than proof. The criminal justice system of any country is the
reflection of how the society functions. The state through its criminal justice
system has far reaching effects as it shows the liberal and democratic approach
of the country while dealing with the vulnerable. In the world’s largest
democracy such powers cannot be unbridled and have to be used cautiously.

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Presumption of innocence thus not only acts as a right but as a principle as to

how the state should exercise its coercive powers. Trapping innocent individual
in the rigors of criminal law is against the very principle of democracy and justice.
Further the factor of resources has also been looked upon by the court, all the
parties may not have equal resources and cannot prove himself or herself to be
innocent while in the process. Conviction for a criminal offence generally
involves the imposition of some form of punishment upon the defendant. Such
sanctions inevitably encroach on fundamental rights, for example, the right to
personal property (fines), the right to liberty (imprisonment), and the right to
respect for private life (community sentence, imprisonment). In addition, a
convicted individual is exposed to potentially severe mental atrocities which
come due to the reactions of the public and physical tortures resulting from the
inhumane conditions of the prison cells.

If the State is to curtail an individual’s fundamental rights, it follows that any

conviction must result from a fair trial. It supports other rights such as the right
to silence and is a concomitant of the right to liberty. The presumption of
innocence also plays a crucial role in balancing the superior power and means
of the State against those of ordinary citizens. Trials are fact finding scenarios
and not a place for errors or mishaps. Most importantly, the presumption of
innocence safeguards the right of an individual not to be wrongfully convicted.
The accused is being made to rebut a presumption of guilt and prove his
innocence. A balance of probabilities standard does not in any way justify a
reverse onus clause because the burden on the accused is ultimate implying that
his failure to discharge this burden would result in his conviction. Such a
procedure comes up as a highly oppressive and harsh procedure on the accused.
Burden of proof in criminal law plays a major law, in the trial procedure. It helps
in running a free and fair trial by keeping both the parties at the same level.
Where burden of proof is on the wrong party, it will vitiate the judgement of the
court and eventually lead to miscarriage of justice.

It is pertinent to note that the rules relating to burden and standard of proof in
criminal trials are indispensable because they promote individual freedom and
are bulwark against oppression. Reversing the burden of proof renders accused
a presumptive criminal disregarding his individual liberty and dignity and
thereby violating Article 21 which give right to an individual to live with dignity.
Wrongful convictions strip an individual of its dignity and respect in the society.

Right to a fair trial is an umbrella of rights under which the key right being, right
to presumption of innocence. Presumption of innocence provides the basis for

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a defendant to remain silent and enjoy the privilege against self incrimination
with the right to silence is a procedural protection designed to preserve citizens
for exercise of coercive state power. It is a cardinal principle of criminal
jurisprudence as administered in this country that it is for the prosecution and
prosecution alone to prove all the ingredients of the offence with which the
accused has been charged. The accused is not bound to open his lips or to enter
upon his defence unless and until the prosecution has discharged the burden
which lies upon it and satisfactorily proved the guilt of the accused.

It is furthermore put forth that fair trial would mean a trial in which bias or
prejudice for or against the accused is being eliminated. Erroneous convictions
defeat public interest; guilty may just be unfortunate enough to meet the high
demands of standard of proof. If the courts are to already presume that the
person under trial is a culprit the court will proceed on biases rather than
evidences.

12.Explain the concept of official deviance.

Refer Q.No.10.

13.The constitution of India and criminal procedure code provide some

safeguards against arbitrary use of powers by police discuss.
Introduction:
According to Article 21 of the Indian Constitution, no person can be
deprived of his life or personal liberty except according to procedure
established by law. Article 22 of the Indian Constitution Lays down the
minimum procedural requirements that should be followed under any law
enacted by the legislature which deals with deprivation of a person's life and
personal liberty.
Article 22 (1) and (2) can be termed as rights of an arrested person and
Article 22 (3) states that protection under clause (1) and (2) will not be
available to the enemy alien and to a person arrested under preventive
detention laws.
Rights of arrested person -

1) Right to be informed of grounds of arrest

2) Right to be defended by a lawyer of his own choice

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3) The right to be produced before a magistrate within 24 hours

4) No detention beyond 24 hours except by order of the magistrate.

Article 22 clause (4) to (7) of the Indian Constitution provide the procedure
which is to be followed if a person is arrested under the law of 'Preventive
Detention'.
What is preventive detention?

Preventive detention means when a person is kept in custody on an

apprehension that he may commit a crime in future. The object of preventive
detention is not to punish a man for having done something but to
interrupt him before he does it and prevent him from doing it.

Preventive Detention Laws -

Preventive Detention Act, 1950

On 26th February 1950, the first Preventive Detention Act was enacted by
the parliament. The object of the Act was to provide for detention with a view
to preventing any person from acting in a manner prejudicial to the defense of
India, the relation of India with a foreign powers, the security of India or a
State or the maintenance of public order, the maintenance of supplies and
services essential to the community. Section 3 empowered the Central and
State governments and certain officers under them to make orders of
detention if they were satisfied that it was necessary to detain a person with a
view to prevent him from acting in any manner prejudicial to the things
mentioned above.

Terrorist And Disruptive Activities (Prevention) Act 1987 (TADA)

This Act was primarily passed with a view to dealing with specific situations of
terrorism in Punjab, Kashmir and even part of the North East. The Act vests
sweeping powers in the State Governments which in effect means local
politicians and the police which is likely to be misused. there where
widespread complaints of misuse of the provisions of the act

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Constitutional safeguards against preventive detention laws -

Though the constitution has recognized the necessity of law as to Preventive

Detention, it has also provided Safeguards to mitigate their harshness by
placing fetters on legislative powers conferred on the Legislature. Article 22
clause (4) to (7) guarantee a person certain constitutional safeguards -

1) Review by advisory board

2) Communication of Grounds of detention to detenue

3) Detenue's right of Representation

Protection against arrest and detention in certain cases (Article 22) -

(1) No person who is arrested shall be detained in custody without being

informed, as soon as may be, of the grounds for such arrest nor shall he be
denied the right to consult, and to be defended by, a legal practitioner of his
choice.

(2) Every person who is arrested and detained in custody shall be produced
before the nearest magistrate within a period of twenty-four hours of such
arrest excluding the time necessary for the journey from the place of arrest to
the court of the magistrate and no such person shall be detained in custody
beyond the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply-

(a) to any person who for the time being is an enemy alien; or

(b) to any person who is arrested or detained under any law providing for
preventive detention.

(4) No law providing for preventive detention shall authorize the detention of a
person for a longer period than three months unless-

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(a) an Advisory Board consisting of persons who are, or have been, or are
qualified to be appointed as, Judges of a High Court has reported before the
expiration of the said period of three months that there is in its opinion
sufficient cause for such detention:

Provided that nothing in this sub-clause shall authorise the detention of

any person beyond the maximum period prescribed by any law made by
Parliament under sub-clause (b) of clause (7); or (b) such person is detained in
accordance with the provisions of any law made by Parliament under
subclauses (a) and (b) of clause (7).

(5) When any person is detained in pursuance of an order made under any law
providing for preventive detention, the authority making the order shall, as
soon as may be, communicate to such person the grounds on which the order
has been made and shall afford him the earliest opportunity of making a
representation against the order.

(6) Nothing in clause (5) shall require the authority making any such order as is
referred to in that clause to disclose facts which such authority considers to be
against the public interest to disclose.

(7) Parliament may by law prescribe -

(a) the circumstances under which, and the class or classes of cases in
which, a person may be detained for a period longer than three months under
any law providing for preventive detention without obtaining the opinion of an
Advisory Board in accordance with the provisions of sub-clause (a) of clause
(4);

(b) the maximum period for which any person may in any class or classes of
cases be detained under any law providing for preventive detention; and

(c) the procedure to be followed by an Advisory Board in an inquiry under

[sub-clause (a) of clause (4).
14.Discuss the background, observation and suggestions Lentin commission.
Introduction:

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In the introduction to the report of the commission, Justice Lentin wrote, ‘Little
did the 14 persons who died in the JJ Hospital tragedy know that they would
arouse an outcry of public indignation which would lay bare lack of probity in
public life, malaise and corruption in high places indulged in contempt of the
laws of God and man. All is over bar the shouting. It is time to pause and
forage into the murky waters of lies, deceit, intrigue, ineptitude and corruption
to salvage the truth which led to this ghastly and tragic episode.’

This report, made public in March 1988, after much prevarication by the state
government, is the first official document of its kind providing a rare and
detailed insight into the state of our public health system. Its pages describe
the ‘ugly facets of the human mind and human nature, projecting errors of
judgement, misuse of ministerial power and authority, apathy towards human
life, corruption, nexus and quid pro quo between unscrupulous licence holders,
analytical laboratories, elements in the Industries Department controlling the
awards of rate contracts; manufacturers, traders, merchants, suppliers, Food
and Drugs Administration (FDA) and persons holding ministerial rank. None of
this will be palatable in the affected quarters. But that cannot be helped’.

The commission’s sittings, which ran on for one-and-a-half years, initially

focused on the JJ Hospital staff. Inertia, lack of accountability, and total
absence of communication were the hallmark of their functioning. It exposed
the gross negligence of the top administration in withdrawing the killer drug,
which continued to do the rounds in the wards for four days, even after some
alert hospital doctors had sounded the ‘red alert’ on January 25, 1986 and
identified the suspect drugs. The hearings revealed the archaic method of
communication within the sprawling hospital, where even on a matter as vital
as stopping a killer drug, the information was conveyed through a single,
roving, handwritten circular. With record keeping in shambles the system of
drug recall needed remodelling on an emergency footing, the com- mission
noted.

Dwelling at length on the qualities and duties of top hospital administrators

who had utterly failed in acting to stop the killer drug even after being
informed about it in writing, Justice Lentin observed, ‘The success of any
system must ultimately depend on the integrity and efficiency of those
manning it, and if these attributes are found at the top, they must percolate
downwards. It is here where the system has utterly failed, resulting in the kind
of tragedy which struck the JJ Hospital.’

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The commission provided an important understanding of the drug purchase

system followed in our public hospitals. Kept deliberately obtuse and secretive,
its rules left to individual caprice, it facilitated racketeering and money making
right down the line, at huge public cost. The JJ Hospital tragedy took place
because the FDA (Food and Drug Administration) granted an illegal licence to
Alpana Pharma, supplier of the killer drug glycerol, without ensuring that basic
regulations were complied with. During the course of the hearings and even
thereafter, one found that the name of Ramanlal Karwa and his brothers, the
owners of Alpana Pharma worked like a ‘magic wand’—as Justice Lentin put
it—in the corridors of power. (Even after the JJ Hospital tragedy and despite
the commission’s strong indictment, the Karwa brothers continued to find
favour as drug suppliers to public hospitals, using the simple expedient of
starting a company with a new name.)

Meanwhile, the members of the hospital’s drug purchase committee, which

included hospital doctors and government departments, went out of their way
to place the hospital’s drug supply order with Alpana Pharma, far exceeding
the proportion allotted to them by the industries department in their rate
contract. The quid pro quo was evident with the discovery of money placed by
the drug supplier in the private bank account of committee members, as in the
case of the hospital’s then head of pharmacol- ogy department.

The absence of checks to ensure that quality drugs reached the public was
revealed with painful clarity during the commission’s investigations. At that
time there were only four government-owned drug-testing laboratories in the
country and in order to cope with the huge workload the government
appointed ‘government approved’ private laboratories that certified the purity
of drugs. One such was Chem Med Laboratory that certified Alpana Pharma’s
killer glycerol as being of standard quality. This company enjoyed special
protection of FDA officials who had been wined and dined by the owners.
Even after its role in the JJ Hospital tragedy was known to them, the FDA
indulged in a massive cover up to shield this company by raising ‘red herrings’
and leading investigators up the wrong path.

In the case of yet another firm, Apex Laboratory, 14 assistant chemist

employees had complained to the FDA about the firm writing ‘false,
incomplete, misleading and imaginary reports’ related to drug analysis tests,
but the organization did not take action.

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An issue intensely debated at that time, as an outcome of the commission’s

hearings, was whether public hospitals as also drug manufacturers should set
up in-house drug- testing laboratories to ensure drug purity. Although a
mandatory precondition for issuing of a drug manufacturing license, the FDA
did not insist on its implementation. Small drug manufacturers insisted that
they could not afford it. The trouble, however, was that even large drug
companies— including multinationals that had in-house drug-testing
laboratories—produced substandard drugs and could not be trusted to
voluntarily withdraw them from the market unless caught by the FDA and
severely penalized, which the latter was not inclined to do.

The fact that even ‘reputed’ drug companies were repeat offenders was
discovered by Justice Lentin when he visited the FDA headquarters during
the commission’s investigations and examined the FDA’s Register of Sub-
Standard Drugs, which he dubbed ‘The Murder Book’. It revealed the FDA’s
failure in prosecuting 582 grossly erring drug manufacturing concerns, whose
drugs were found to be substandard, misbranded, or sub- therapeutic, the
majority of which were termed as ‘life saving drugs’. Many of these
‘merchants of death’ were habitual offenders, having committed as many as 41
offences during the span of five months in 1986, but the FDA turned a blind
eye. When questioned, FDA joint commissioner S. Dolas told the commis- sion
that ‘someone has to die first’, before the FDA could issue prohibitory orders
against a firm.

This pointed to the enormous scale on which the public health system had
been reduced to a captive market for profit spinning, where human life was of
least concern. An examination of this register or ‘murder book’, if monitored
today, would clearly provide the clues we need to explain why — despite the JJ
Hospital tragedy — no lessons have been learnt and killer drugs continue to
stalk patients in both public and private hospitals.

This and a multitude of such incidents uncovered by the commission revealed

how the system of drug purchase and licensing was vulnerable to the pressures
of vested interests. In consequence, the commission underlined that the
cheapest-priced drug was not a criterion to guarantee quality drugs. It
recommended scrapping of drug procurement through the rate contract
system and reservation for backward areas. It instead suggested that
government hospitals directly purchase their quota from reputed
manufacturers and conduct their own tests to ensure standard-quality drugs,
amongst other measures.

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The Lentin report strongly indicted then health minister Bhai Sawant who was
charged with gross ministerial interference, favouritism for extraneous
considerations, and misuse of power, while irresistible inference of corruption
was also drawn against him. It recommended an Anti-Corruption Bureau
investigation against him as also former health minister Baliram Hiray, who
was similarly indicted.

The commission found that the ‘government machinery was utilised by these
politicians to extort money from the drugs industry to inflate the coffers of
private trusts with which the ministers were associated.’ Dr Hiray was hard-
pressed to explain to the commission how the Bhau Saheb Hiray Smarnika
Samiti Trust had received a large number of donations from beer bars,
distilleries, and liquor vendors from all over Maharashtra as well as several
hundred pharma concerns, including multinationals, which fell within his
jurisdiction as minister. He had also assisted the trust in acquiring government-
allotted land in Bandra, measuring 1,927 square metres at a throwaway price
of Rs3.49 lakh.

The findings of the Lentin Commission are important not just for
Maharashtra’s public health system but also for other states, as the majority of
the drugs produced in India are manufactured in Maharashtra and patients
from across the country come here for tertiary treatment. The commission
found that far from regulating and imposing standards on the drug industry,
the FDA had wilfully allowed substandard drugs to be sold in the market. The
commission undertook a detailed investigation into the manner in which the
FDA functioned, both in terms of licensing and controlling the standard of
drugs produced. The licensing of the then Rs2,000 crore drugs industry in
Maharashtra was solely handled by the FDA joint commissioner and licensing
authority, who was answerable to none but the health minister. This official
handled all applications for licences and had the power to refuse or grant
them. He was also responsible for launching prosecutions against
offenders amongst drug manufacturers. These untrammelled powers that he
enjoyed could only be challenged in an appeal to the health minister.

‘In the hands of unscrupulous Joint Commissioners and Licensing Authority,

it could be an instrument of harassment and a device to make vast sums of
money. This added to the inducements of the manufacturer of sub standard,
spurious and misbranded drugs and total lack of fear of the consequences pro-
vided by the Act and Rules.’ the judge stated.

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Dividends came to those FDA officials who said ‘Yes Minister’ promptly
enough. Their talent lay in wresting donations from the profit-spinning
pharma companies which swelled the coffers of the private trusts controlled by
ministers. It was this talent that enabled officers like S.M. Dolas, the FDA joint
commissioner and sole licensing authority in the state to thwart every transfer
order, supported as he was by a galaxy of politicians, thereby enabling an
uninterrupted 20-year posting in Mumbai. Politicians stepped in to cancel
every transfer made on Dolas since 1978 and overruled adverse reports made
against him by successive FDA commissioners.

India’s hard-earned reputation as one of the top-ranking global producers of

medicines continues to take a beating for its inability to tackle this nexus of
corruption as highlighted by the Lentin Commission. While the government
has moved to decentralize the powers of the licensing authority, the FDA is still
unable to perform its role as a watchdog. A policy brief published by The
Foundation for Research in Community Health on ‘Accessing Medicines in
Africa and South Asia (July 2013) states: ‘Its (Indian government) failure to
establish a strong drug regulatory mechanism is casting doubt on the safety
and quality of Indian drugs. With complaints of sub-standard drugs coming
from major international buyers the US, Uganda, South Africa, there is deep
concern within the Indian pharmaceutical industry that the ‘black sheep can
tar the credibility of the entire industry’. The country’s pharmaceutical
industry today valued at Rs.1,00,000 crore is seeing a rapid growth at
approximately 10 per cent per year. It meets 95 per cent of the domestic needs
and has a 10 per cent share by volume in the global market.

The Lentin Commission of Inquiry had highlighted how the safety and quality of
drugs produced in Maharashtra, where 29 per cent of the country’s
manufacturing and sales units are based, must urgently undergo scrutiny and
reform. The state commands a 38 per cent share (2008–9) of India’s Rs 42,000
crore export market in medicines.

Some key thinking emerging from the debates of that time is that the
government will not be able to stem such tragedies unless it addresses itself to
two tasks. To begin with in the short term, given Indian conditions—where we
contend with an irresponsible pharmaceutical industry and an inadequate
vigilance machinery— there is need for stiff penal action against errant
manufacturers (which includes FDA confiscation of machinery and property in
extreme cases) and prevention of cases from languishing in the courts.
Evidence shows that even these measures come to nought in the absence of

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strong political commitment to weed out corruption and disallow the shielding
of politician cronies.

In the long term, many see that the only solution lies in curb- ing the number
of drugs, reducing them to the 270 basic drugs recommended by the
WHO (World Health Organization). This was also endorsed by the Hathi
Committee and former FDA com- missioners who agree saying there is a
definite advantage in this. Several consumer and medical bodies have asserted
the need to start by weeding out drugs banned the world over, but continue to
be manufactured and sold in India, in some cases even in defiance of the ban
order of the Drug Controller of India, under the shield of court-granted stay
orders. Also highlighted is the need to use drugs by their generic rather than
brand names, which would curb their proliferation and bring down prices. They
have also stressed the uselessness of cough mixtures, tonics—major money
spinners for the industry—which can be effectively and cheaply substituted by
a balanced food diet. Such measures would enable the medical and
pharmaceutical industries to get back to their role of creating health rather
than merely selling drugs.

15.With reference to decided cases, discuss the provisions of Advocates Act

1961 regarding disciplinary action against Advocates.
Introduction:
The provisions of Section 35 of the Advocates Act deal with professional
misconduct of lawyers and advocates in India, which read as:

A person is found guilty of professional misconduct; it shall refer the case to a

disciplinary committee, shall fix a date of hearing and issue a show cause notice
to the Advocate and the Advocate General of the State. The disciplinary
committee of the State Bar Council, after being heard of both the parties, may:

1. Dismiss the complaint, or where the proceedings were initiated at the

instance of the State Bar Council, directs that proceedings be filed;
2. Reprimand the advocate;
3. Suspend the advocate from practice for such a period as it deems fit;
4. Remove the name of an advocate from the state roll of advocates.

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Misconduct is of infinite variety; this expression must be understood in a broad

meaning, such that it extends the meaning under natural law, and there is no
justification for restricting their natural meaning. Section 49 of the Advocate Act
empowers the Bar Council of India to frame rules and standards of professional
misconduct. Under the Act, no person has a right to make advertisement or
soliciting; it is against advocate’s code of ethics. He is also not entitled to any
advertisement through circulars, personal communications or interviews, he is
not entitled to demand fees for training and to use name/service for
unauthorized purposes.

Contempt of Court as professional misconduct

Contempt of court may be defined as an offense of being disobedient or

disrespectful towards the court or its officers in the form of certain behaviour
that defies authority, justice, and dignity of the court.[5] In various cases
involving contempt of court, the court held that if any advocate or legal
practitioner is found guilty of the act of contempt of court, he/she may be
imprisoned for six years and may be suspended from practicing as an
advocate (In re Vinay Chandra Mishra).[6]The court also held that license of the
advocate to practice a legal profession might be canceled by the Supreme Court
or High Court in the exercise of the contempt jurisdiction.

There are many other landmark judgments regarding the cases involving
professional misconduct of the advocates. In the case of V.C. Rangadurai v.
D.Gopalan[7], the court looked into the matter of professional misconduct in
such a way that the decision was made in a humanitarian manner, considering
the future of the accused in this case. The court held that “even so justice has a
correctional edge, a socially useful function, especially if the delinquent is too
old to be pardoned and too young to be disbarred. Therefore, a curative, not
cruel punishment has to be delivered in the social setting of the legal
profession”. The court then gave the decision in such a way that it looked at each
and every aspect concerning the case as well as the parties concerned. It
adopted a deterrent was of justice mechanism so that the accused person is
awarded certain punishments but also provided a warning towards such other
people who intend to commit acts of a similar nature. The judgment turned out
to be a landmark in cases concerning professional misconduct as it delivered an
effective judgment and but did not jeopardize the future of the accused person.
In various other cases like J.S. Jadhav v. Musthafa Haji Muhammed Yusuf[8], the

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court delivered the decision in such a way that it created a notion in the minds
of the wrongdoers that offenders will be punished accordingly.

Conclusion

From the analysis of various cases and certain facts and circumstances, it will be
clear that unlike any other profession, advocacy is regarded as a noble
profession and professional ethics must be maintained. Courts have dealt with
various cases of professional misconduct wherein attempt of murder by the
advocate towards his client have also been reported. Hence, there must be
interference from concerned authorities so that persons with a criminal
background are kept away from this profession. Even though there are
guidelines dealing with the social background of the person enrolling in this
profession, i.e. the person enrolling must be free from any criminal cases, it does
not prove that the person has a criminal nature of his own.

16.Explain the salient features of domestic violence Act 2005.

Introduction:

The Protection of Women from Domestic Violence Act, 2005 was enacted by
the Parliament of India to provide for more effective protection of the rights of
women guaranteed under the Constitution who are victims of violence of any
kind occurring within the family and other related incidents.

Types of Domestic Violence

Under this Act, domestic violence includes the following:

1. Physical abuse – It means any act or conduct which is of such a nature as

to cause bodily pain, harm, or danger to life, limb, or health or impair
the health or development of the aggrieved person and includes assault,
criminal intimidation and criminal force.
2. Sexual abuse – It includes any conduct of a sexual nature that abuses,
humiliates, degrades or otherwise violates the dignity of a woman.
3. Verbal and emotional abuse – It includes
o Insults, ridicule, humiliation, name-calling and insults or ridicule
specially with regard to not having a child or a male child; and
o Repeated threats to cause physical pain to any person in whom
the aggrieved person is interested.

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4. Economic abuse – It includes activities such as not providing money for

maintaining the woman or her children, not providing food, clothes,
medicines, etc., deprivation of all or any economic or financial resources,
forcing the woman out of the house, preventing from accessing or using
any part of the house, preventing or obstructing one from carrying on
employment, etc.,

• Recognising that a woman requires assistance with legal procedures and

other forms of support, the PWDVA allows for the appointment of
Protection Officers, and recognises the role of Service Providers in
providing medical, shelter, legal, counselling and other kinds of support
services.

Who is a Protection Officer?

• The Protection Officer is the person in charge to assist women to avail of these
facilities as well as assist them in obtaining the appropriate order under the Act.
• Protection Officer can be either a government servant or a social worker working
for women and child welfare, with a post-graduate degree in Humanities or Law.
• One or more Protection Officers are appointed within the jurisdiction of each
Judicial Magistrate.

• This act provides only temporary and emergency relief.

• It is a law in response to the needs of the woman.
• It has certain crossovers from civil to criminal law – so when the
protection order or Magistrate’s order is violated, the criminal law will
start.
• The shelter homes and the medical facility are under a legal obligation to
provide shelter or medical facility to the aggrieved person.
• The Act does not make any changes in the existing personal law regime
on family matters.
• The reliefs under the Act are in addition to existing laws and have been
recognised with the objective of empowering a woman to tide over an
emergency situation.
• Having obtained relief under the law, a woman can still go for relief
under other laws later.

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• The Act includes provisions for making Domestic Incident

Reports, which will serve as important records at the stage of evidence
taking.
• The manner in which the applications for orders under the Act have also
been mentioned in the Act.
• Finally, the Act provides that the breach of an order obtained is a
criminal offence.

Role of Government
The Central Government and every State Government, shall take all measures
to ensure that:

• The provisions of this Act are given wide publicity through public media
including television, radio and print media at regular intervals.
• The Central Government and State Government officers, including the
police officers and the members of the judicial services, are given
periodic sensitisation and awareness training on the issue addressed by
this Act.
• Effective coordination between the services provided by concerned
Ministries and Departments dealing with law, home affairs including law
and order, health and human resources to address issues of domestic
violence are established and periodical review of the same is conducted.
• Protocols for the various Ministries concerned with the delivery of
services to women under this Act, including the courts, are prepared and
put in place.

17.Critically evaluate the policy of immoral traffic (prevention).

Introduction:
The Immoral Traffic (Prevention) Act or ITPA is a 1986 amendment of
legislation passed in 1956 as a result of the signing by India of the United
Nations’ declaration in 1950 in New York on the suppression of trafficking.
The act, then called the All India Suppression of Immoral Traffic Act (SITA), was
amended to the current law. The laws were intended as a means of limiting
and eventually abolishing prostitution in India by gradually criminalising
various aspects of sex work.

About Immoral Traffic Prevention Act, 1986

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• In 1950 the Government of India ratified the International Convention

for the Suppression of Immoral Traffic in Persons and the Exploitation of
the Prostitution of others. In 1956 India passed the Suppression of
Immoral Traffic in Women and Girls Act, 1956 (SITA)
• SITA was amended in 1986 and the Immoral Traffic Prevention Act was
passed
• The act states the illegality of prostitution and the punishment for
owning any such related establishment
• Any person involved in any phase of the chain activities like recruiting,
transporting, transferring, harbouring, or receiving of people for the
purpose of prostitution is also liable to be punished
• If a person is found guilty of involving a child in any such activity, he/she
is punishable by law and may be imprisoned for seven or more years

Immoral Traffic (Prevention) Amendment Bill, 2006

The Immoral Traffic Prevention Amendment Bill, 2006 is a revised version of
the Immoral Traffic Prevention Act, 1986. Given below are the important
points of the Amendment bill:

• The Bill deletes provisions that penalised prostitutes for soliciting clients.
It penalises any person visiting a brothel for the purpose of sexual
exploitation of trafficked victims
• All offences listed in the Bill would be tried in camera, i.e., the public
would be excluded from attending the trial
• This Bill punishes trafficking for the purpose of prostitution. Trafficking
for other purposes (such as bonded labour and domestic work) are not
covered by the Bill
• The Bill constitutes authorities at the centre and state level to combat
trafficking. However, it does not elaborate on the role, function and
composition of these authorities

Initiatives to combat trafficking of Women and Children

Apart from the Immoral Trafficking (Prevention) Act, various other initiatives
have been taken up by the Government and other concerned authorities.
Discussed below are the same:

• National Plan of Action to Combat Trafficking and Commercial Sexual

Exploitation of Women and Children 1998 was formulated

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• Ministry of Home Affairs has set up a dedicated cell for prevention of

trafficking
• The Ministry of Women and Child Development (MWCD) along with the
Ministry of External Affairs has endeavoured to create special task forces
to combat cross border trafficking
• The MWCD in collaboration with NIPCCD and UNICEF has developed
three manuals for ‘Judicial Handbook on combating Trafficking of
women and Children for Commercial Sexual Exploitation’
18.Write a note on Lokayukta Institution.

The organisational structure of Lokayukta

• The Lokayukta structure does not follow a consistent pattern across all
states. Some states, such as Rajasthan, Karnataka, Andhra Pradesh, and
Maharashtra, established both the Lokayukta and the Up-Lokayukta.
• Other states such as Uttar Pradesh and Himachal Pradesh, established
only the Lokayukta. In Jammu and Kashmir, there is no Lokayukta of Up-
Lokayukta.
• For instance, the Madhya Pradesh Lokayukta has the following
functional wings
o Administrative and Enquiry Section
o Legal Section
o Special Police Establishment (SPE)
o Technical Cell
o District Vigilance Committees

Appointment of Lokayukta

• The Lokayukta and Up-Lokayukta are two independent and impartial

bodies created to investigate public servants' conduct and decisions.
• These authorities are held to the same standards as Supreme Court and
High Court judges and are independent of the legislature and executive.
• The Governor is the one who appoints them. The Governor consults the
Chief Justice of the State High Court and the Leader of the Opposition in
the State Legislative Assembly when making appointments.

Qualification and Term of office

• In the states of Uttar Pradesh, Himachal Pradesh, Andhra Pradesh,

Gujarat, and Odisha, judicial qualifications are required for the
Lokayukta.

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• In the states of Bihar, Maharashtra, and Rajasthan, however, no formal

qualifications are required.
• In the majority of states, the Lokayukta's term of office is set at five
years or 70 years of age (Himachal Pradesh), whichever occurs first, and
the Lokayukta is not eligible for re-appointment.

Jurisdiction

• There is no uniformity in the case of the jurisdiction of Lokayukta.

• For instance, The Chief Minister is subject to Lokayukta's jurisdiction in
Himachal Pradesh, Andhra Pradesh, Madhya Pradesh, and Gujarat, but
not in Maharashtra, Uttar Pradesh, Rajasthan, or Bihar.
• In the majority of states, the Lokayukta has jurisdiction over ministers
and higher government officers. Former ministers and civil bureaucrats
have also been included in Maharashtra.
• Lokayukta is responsible to the state legislature. Its annual report is
presented in the legislature, and conventionally its recommendations
are accepted by the House.

Functions and powers

• In this context, the Lokayukta has the following powers: supervisory

powers, i.e., the power to supervise and direct items referred for
preliminary inquiry or investigation;
• Power of search and seizure;
• Power of civil court in certain cases;
• power to use state government officers' services;
• power of provisional attachment of assets;
• power of confirmation of attachment of assets;
• power of confiscation of assets, proceeds, receipts, and benefits arising
or procured by means of corruption, in special circumstances;
• power to recommend transfer or suspension of public servant
connected with an allegation of corruption;
• power to recommend transfer or suspension of public servant
connected with an allegation of corruption;
• Power to give directions to prevent the destruction of records during the
preliminary inquiry; and
• Power to delegate

19.Write a note on social disabilities under protection of civil rights act 1956.

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Salient features of the protection of the Civil Rights Act

• The Amendment Act has tightened the provisions to remove

untouchability. All untouchability offenses which were considered
within the jurisdiction of the court will now be treated as non-
compoundable offences and if the punishment does not exceed three
months imprisonment can be tried instantly.
• The punishment for the untouchability offenses has been enhanced to
a fine as well as imprisonment and for further default, the punishment
will be extended. For the third and subsequent offenses, the
punishment may increase from one-year imprisonment with a fine of
Rupees 500 to two years of imprisonment with the fine of Rupees 1000.
• To any form of punishment, courts have the power to cancel or
suspend the licenses of any profession, trade, employment, in terms of
which the offense has been committed for as much as the time they
seem fit.
• One of the important characteristics of this Act is that public servants
who willfully show negligence in the investigation of any offense will
be punishable under this Act. The Act shows surveys and studies for
determining the areas where untouchability is practised, setting up
committees for implementing the Act.
• The places of worship along with the lands and apartments which are
privately owned are allowed by the owners to be used as places of
public worship.
• The direct and indirect preaching of untouchability and its justification
has been made a ground to commit an offense.
• Forcing any person to do sweeping has also been made punishable.
• The State Governments have been given the power to impose fines
locally of any area who are worried and help the commission to commit
untouchability offences.
• One of the features is also that the Central Government will coordinate
with the State Government for the implementation of the provisions of
the Act.
• The Government of India has also asked the State Governments to
provide statistical and other information about the number of cases
dealt by them under this Act along with the detailed information

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regarding the steps taken by them for the proper implementation of

the provision of the Act.

20.Crime committed by a person of responsibility and high social status in

course of his occupation”. Critically examine?
Edwin Sutherland’s Definition. It was in 1939 when for the first time Edwin
Sutherland, an American sociologist, defined white collar crimes. He described
it to be crimes committed by a person of high social status and respectability
who commits such crimes during the course of their occupation.

Criticism

Coleman and Moynihan pointed out that Edwin Sutherland’s definition had
certain ambiguous terms, like:

• It has not laid down any criteria for who these ‘persons of responsibility
and status’ would be.
• Also ‘person of high social status’ is not clear. It is perplexing as the
meaning of the phrase in law could be different from its general
definition.
• Sutherland’s definition did not take the socio-economic condition of
the person into consideration. It only showed the dependency of white
collar crimes on its type and the circumstances in which it was
committed.
• Mens rea, i.e. guilty mind and actus reus, i.e., wrongful conduct are two
essential elements to constitute a crime. However, Sutherland’s
definition implies that according to him white collar crimes does not
necessarily require mens rea.
Morris’s Comments. In 1934, Albert Morris advanced that, the illegal activities
that people of high social status involved in during the course of their
occupation, must be brought with the category of crime under which their illegal
activity falls. He also asserted that it should be made punishable.

E.H. Sutherland’s demarcation. Sutherland again came into the picture and
clarified that the crimes which would be committed by people belonging to high
socio-economic groups, during the course of their occupation, would be termed

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as ‘white collar crimes’. And further said that the traditional crimes would be
denoted as ‘blue collar crime’.

So he drew a distinction between white collar crimes, i.e. corruption, bribery,

fraud, and blue-collar crimes, i.e., traditional crimes like robbery, theft, etc. After
this, criminology in the year 1941 finally recognized the concept of ‘white collar
crimes’.

People also commit white collar crimes to meet their own needs and the needs
of their family. But the most important thing that the people of high social status
want to feed their ego.

The reasons behind white collar criminals going unpunished are:

• Legislators and the people implementing the laws belong to the same
class to which these occupational criminals belong.
• The police put in less effort in the investigation as they find the process
exhausting and hard, and often these baffling searches fail to promise
favourable results.
• Laws are such that it only favours occupational criminals.
• The judiciary has always been criticised for its delayed judgement.
Sometimes it so happens that by the time court delivers the
judgement, the accused has already expired. This makes criminals
loose in committing crimes. While white collar crimes are increasing at
a faster rate, the judiciary must increase its pace of delivering
judgements.

Chronological background
Popularly known as the Carrier’s case, it was the first case of white collar crimes
which was documented in the year 1473 in England. In this particular case, the
agent was entrusted with the responsibility of the principal to transport wool
from one place to another. The agent was found guilty of stealing some of this
wool. The English Court after this case adopted the doctrine of ‘breaking the
bulk’ which means that the bailee who was given the possession of goods tried
to break it open and misappropriate the contents.

However, the growth of industrial capitalism has taken criminality to the next
level. The bourgeois institution dwells into committing such crimes out of greed

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and misery to have and to be able to attain more. In 1890 in America, the
Sherman Antitrust Act was passed, which made monopolistic practices illegal.
The penalties imposed on offenders of white collar crimes in Great Britain and
the adoption of competition or antitrust laws by other countries were not as
sweeping as the Sherman Act.

In the late 18th and early 19th century, a group of journalist rose the sentiments
in the mass seeking reforms. By 1914, Congress was seen making great efforts
in strengthening the sentiments laid down by the Sherman Act. This Act proved
out to be more stringent in comparison to the Sherman Act in dealing with the
monopolistic illegal practices.

21.Explain the report of Lentin Commission.

Refer Q.No.14.
22.What are the guidelines issued by the supreme court of India to prevent
sexual harassment.
Supreme Court’s Guidelines:
In its judgment, the Supreme Court passed seven key directions for courts to
follow when bail orders are dictated.
▪ Bail conditions should not mandate, require or permit contact between
the accused and the victim. Such conditions should seek to protect the
complainant from any further harassment by the accused.
▪ Where circumstances exist for the court to believe that there might be a
potential threat of harassment of the victim, or upon apprehension
expressed, after calling for reports from the police, the nature of
protection shall be separately considered and appropriate order made,
in addition to a direction to the accused not to make any contact with
the victim.
▪ In all cases where bail is granted, the complainant should immediately
be informed that the accused has been granted bail and a copy of the
bail order made over to him/her within two days.
▪ Bail conditions and orders should avoid reflecting stereotypical or
patriarchal notions about women and their place in society, and must
strictly be in accordance with the requirements of the CrPC. In other
words, discussion about the dress, behaviour, or past “conduct” or
“morals” of the prosecutrix, should not enter the verdict granting bail.
▪ The courts while adjudicating cases involving gender-related crimes,
should not suggest or entertain any notions (or encourage any steps)

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towards compromises between the prosecutrix and the accused to get

married, suggest or mandate mediation between the accused and the
survivor, or any form of compromise as it is beyond their power and
jurisdiction.
▪ Sensitivity should be displayed at all times by judges, who should ensure
that there is no traumatisation of the prosecutrix, during the
proceedings, or anything said during the arguments.
▪ Judges especially should not use any words, spoken or written, that
would undermine or shake the confidence of the survivor in the fairness
or impartiality of the court.

Importance of the guidelines:

Remedy for Judicial Stereotyping:
▪ The guidelines provide remedy to the problem of judicial stereotyping of
survivors of sexual violence,
▪ The court recognised that due to their incapability of challenging
harmful stereotypes, judges can often perpetuate such prejudices in
legal proceedings.
Ending The ‘Boys Will Be Boys’ Attitude
▪ The Supreme Court didn’t shy away from pointing out how the
patriarchal and misogynistic mindset in the judiciary, both explicit and
latent, sometimes trivialise the trauma caused to survivors of sexual
violence.
▪ Such attitudes, the court observed, not only trivialises different kinds of
acts that fall within the rubric of sexual violence but also romanticises
them.
‘Reinforcement of stereotypes’ as Unfair
▪ The court amply clarified that reinforcement of stereotypes in judicial
orders through considerations that are extraneous to the case would
impact the concept of fairness.
Inclusive and Considerate Toward Women:
▪ judgment is a welcome step towards making the criminal justice system
more inclusive and considerate towards the unique lived experience of
women.
▪ It is a timely reminder of how judicial reasoning ought to be.
Step Towards Gender Sensitization
▪ In order to address the problem of judicial misogyny from a reformative
point of view, the court recommended gender sensitisation for judges as
well as public prosecutors.

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SC and Gender Justice : Highlights of some important rulings:

Vishaka v. State of Rajasthan
▪ The PIL action sought guidelines for the elimination of sexual abuse at
the workplace.
▪ By a broad interpretation of the Constitution, it was held that sexual
harassment was a clear violation of rights provided under Articles 14, 19
and 21.
▪ Relying on CEDAW, an international instrument to which India is a
signatory, the court laid down the historic Vishaka Guidelines.
▪ These guidelines were later converted verbatim into The Sexual
Harassment of Women at Workplace (Prevention, Prohibition &
Redressal) Act, 2013 which is the most gifted piece of law acting as the
saviour of working women.
▪ This case is a remarkable example of judicial activism where the
honourable court took appropriate measures for a healthy work
environment.
Gaurav Jain v. Union of India
▪ A PIL was filed before the Apex Court to provide clarity on provisions for
the upliftment of prostitutes.
▪ The two-judge bench of SC quoted the Fundamental Rights and
deliberated that education and training be given to the fallen women
and their children so that they may also lead a dignified life which they
are worthy of.
▪ It was realised that they needed to be rescued, and ordered to set up a
rehabilitative home for them.
▪ The society was called out to make amends and curb trafficking in
women.
Suchita Srivastava v. Chandigarh Administration
▪ The Supreme Court noted that every woman has a right to make
reproductive choices, i.e. to decide whether to carry pregnancy in full-
term or to abort the foetus.
▪ She is free to participate in sexual activity or even refuse it.
▪ This decision added a new dimension of ‘bodily integrity’ to Article 21 of
the Constitution.
Laxmi v. Union of India
▪ In light of increasing acid attacks and easy availability of acid, the
Supreme Court was called out to issue directives for the prevention of
such incidents by imposing restrictions on the sale of acids.
▪ The Court instructed the governments, at both levels, to chalk out a plan
and prohibit the unauthorised sale of acids across the nation.

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▪ It also went ahead to declare that all victims shall be provided

compensation and rehabilitation by the respective governments.
▪ This decision paved the way for the legislature to introspect and enforce
harsher punishments for offenders committing such horrendous crimes.

23.Write a note on Food adulteration and police as perpetrators of crime.

Introduction:
Food Adulteration can be defined as the practice of adulterating food or
contamination of food materials by adding a few substances, which are
collectively called adulterants.
Adulterants are the substance or poor quality products added to food items for
economic and technical benefits. Addition of these adulterants reduces the
value of nutrients in food and also contaminates the food, which is not fit for
consumption. These adulterants can be available in all food products which we
consume daily, including dairy products, cereals, pulses, grains, meat,
vegetables, fruits, oils, beverages, etc.

Why is Food Adulteration done?

The process of contaminating food or adding to the food components is a

common phenomenon in developing countries.
For instance: Milk can be diluted by adding water to increase its quantity and
starch powder is often added to increase its solid content.
Listed below are the main reasons for adulterating food products:

• Practised as a part of the business strategy.

• An imitation of some other food substance.

• Lack of knowledge of proper food consumption.

• To increase the quantity of food production and sales.

• Increased food demand for a rapidly growing population.

• To make maximum profit from food items by fewer investments.

Explore more about Food Production

Methods of Food Adulteration

Here is a list of most common adulterants which have been added

1. Adding certain chemicals for faster ripening of fruits.

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2. Mixing of decomposed fruits and vegetables with the good ones.

3. Adding certain natural and chemical dyes to attract consumers.
4. Mixing of clay, pebbles, stones, sand, and marble chips, to the grains,
pulses and other crops.
5. Cheaper and inferior substances are added wholly or partially with the
good ones to increase the weight or nature of the product.

Adulteration is an illegal practice of adding raw and other cheaper ingredients

to excellent quality products to increase the quantity. Having this adulterated
food is highly toxic and leads to several health issues, including certain
nutrition deficiency diseases, kidney disorders, and failure of an individual’s
organ systems, including heart, kidney and liver.
Police as perpetrators of crime.
The Criminal Procedure Code, 1973 further safeguards the interests of the
accused by empowering the magistrate under section 176 (1) of CrPC to hold an
independent inquiry, finding the cause of the unnatural death of a person in
custody. The insertion of section 176 (1A) has laid down special provisions to
deal with cases of death, disappearance or rape in police custody, wherein such
cases the magistrate shall have to hold an inquiry other than the inquiry or
investigation by police. The section uses the word “shall” and, therefore, it
makes it mandatory for the magistrate to hold an inquiry in such matters. The
Code also puts a check on the power of the Magistrate to order remand by
providing in Section 167(2) proviso (b) that the magistrate cannot order the
detention of the accused under police custody for a period of more than 24
hours unless the accused is produced before him in person for the first time, and
subsequently, every time till he remains in the custody of the police. Rule 6 of
the Tamil Nadu Criminal Rules of Practice further provides that a person cannot
be detained under police custody without producing him in person before the
magistrate, who has to duty to check for any physical injuries on the body of the
accused.

Humans rights have always been part of a discussion on a global level, there are
several treaties and conventions in place that require states to abstain from acts
of torture and inhumane activities on prisoners. Some of them include the
Universal Declaration of Human Rights, The International Convention on Civil
and Political Rights, ‘United Nations basic principles for the treatment of
prisoners’ and ‘United Nations Convention against torture and other cruel,
inhuman and degrading treatment or punishment’ (UNCAT).

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The police officials responsible for the death of Jayaraj and Bennix breached the
fundamental and statutory rights of the father-son duo. They were arrested
without a warrant for a non-cognizable offence and instead of being taken to
one of the nearby police stations, were taken to one that was 80 km away from
the place of the offence. Furthermore, the Magistrate in charge of the
Sattankulam district never examined the accused, who had sustained multiple
injuries as a result of police violence and passed the remand order. There are
several other cases of custodial violence in our country that go unreported and
unaccounted for. It becomes all the more saddening when administrative
authorities and political parties join hands with these police forces and support
using all necessary means to extract confessions out of prisoners which goes
against their rights.

In the celebrated case of D.K. Basu v. State of West Bengal, the Hon’ble Apex
court issued guidelines that were necessary to be followed by police personnel
in case of making an arrest. These guidelines were necessary to ensure that the
person being arrested is informed about his rights and also his family is made
aware of his whereabouts. But the police authorities seldom overstep the
powers granted to them under the law and are able to escape responsibility for
their actions.

Time to bring systemic reforms

With an unfortunate incident in Tamil Nadu, the need to have strict laws with its
proper implementation has again gained momentum. Even after 40 years of
signing the UNCAT, India has failed to ratify it. The Government of India, in the
year 2010, introduced Prevention of Torture Bill, 2010 which was passed by the
lower house and was sent for to the Select Committee by the Rajya Sabha. The
Committee suggested various amendments to the bill but before they could be
incorporated the bill lapsed and the government also did not show any urgency
to enact a revised torture bill. Later, the 273rd Law Commission’s Report
provided recommendations on the Prevention of Torture Bill. The commission
recommended making provisions for punishment which included sentence for
life to officials convicted for any kind of torture and inhumane treatment.
However, the recommendations by the commission could not find its way to
become a legislation. A new bill was also introduced in 2018 in the Lok Sabha
and is still under discussion. With the rise in cases of custodial deaths, there is
an urgent need to Police the Police and to make them accountable for their
actions. It is pertinent that our legislators should bring about legislation to bring
into force strict laws that would have a deterrence effect on the police and
prevent any further unnecessary loss of lives. Poor implementation of existing

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provisions, unaccountability of Police officers and lack of proper investigation by

the magistrate as empowered by law have all resulted in providing impunity.
The seriousness of the issue goes beyond mere suspension or transfer of the
concerned official. Strict actions are must so as to serve the purpose of law and
to create deterrence which in turn can be a turning stone in the prevention of
such custodial violence in the future.

24.Explain police deviance and accountability mechanisms.

Introduction:
Essentially, police corruption falls into two major categories–external
corruption, which concerns police contacts with the public, and internal
corruption, which involves the relationships among policemen within the
workings of the police department.

The external corruption generally consists of one or more of the following

activities:

1. Payoffs to police by essentially non-criminal elements who fail to

comply with stringent statutes or city ordinances; or, payoffs by those
in particular need of police protection, who are willing to pass money
to individual officers or groups of officers.
For example, businessmen dispensing liquor, businessmen located in high
crime areas, individuals operating any type of business requiring a license,
automobile towing operations, attorneys who represent those guilty of minor
violations of the law where police testimony constitutes most of the state’s
case, and individuals who repeatedly violate the traffic laws).

2. Payoffs to police by individuals who continually violate the law as a

method of making money. For example, prostitutes, narcotics addicts
and pushers, and professional burglars.
(3) “Clean Graft” where money is paid to police for services, or where courtesy
discounts are given as a matter of course to the police.

These manifestations of external corruption often follow the established

hierarchical structure of the police department. For example, a liquor shop
owner who wishes to avoid arrest by members of police investigating
violations of the liquor laws must be assured that his payments to a single
officer will guarantee that the recipient either has the power to direct other
officers not to bother the shop owner or shares the money with those who

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have command responsibilities. For this reason, the payment of money to the
police by businessmen, who are particularly vulnerable to arrest for minor
statutory violations, generally assumes a highly organized structure of
distribution.

Internal corruption exists as a result of a desire of individual officers to

improve their working conditions or to achieve higher status in the police
department. It may include:

(1) Payment of money to join the police force.

(2) Payment of money to higher-ranking officers for better shifts or

assignments.

(3) Payment for choice vacation time.

(4) Strict adherence to a code of silence concerning external police corruption.

(5) Payment for promotions.

(6) Payment for an assignment that will yield lucrative kickbacks.

Most types of internal corruption seldom are publicized and usually are not the
subject of federal prosecution. However, because they are often
interdependent, the elimination of external corruption may have the effect of
eliminating many forms of internal police corruption. Thus, widespread
investigations and prosecutions of external police corruption may have a
potentially significant impact on all aspects of police corruption.

Accountability mechanisms
The first degree of control in any police accountability system is the internal
control mechanisms within the police service. Effective internal control
mechanisms have an essential role to play within a police accountability
system, both from a preventive and reactive perspective. Such mechanisms
have three main components:

• Professional and integrity standards

• Ongoing supervision and monitoring

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• Internal reporting and disciplinary mechanisms (DCAF, 2015a).

Accountability before the act: Professional and integrity standards

As mentioned in the previous sections, all police actions should be based on
law. However, legal stipulations in the laws may be insufficient when it comes
to day-to-day exercise of policing powers. It is imperative, therefore, that
police services develop comprehensive professional standards (codes of
conduct), providing clear guidance on the exercise of policing duties and
powers in practice. By way of example, having clear professional standards,
guidelines and instructions on arrest and detention procedures would be a
good first step for preventing police officers from breaching the law during
arrests.
Nonetheless, professional standards are not enough. As stated earlier, in the
framework of laws, police officers often have a wide degree of discretion in
exercising their powers. There may be circumstances where police officers face
ethical dilemmas such as the tendency for bending certain laws to achieve
what they perceive as greater law enforcement objectives, or the tendency for
applying deceptive interrogation tactics to extract crucial information or
confession from suspects (ICRC, 2013, p. 140). Precisely for such situations,
police services need to establish a code of ethics which sets overarching
integrity standards that are built upon the values of impartiality, fairness,
equality, justice, honesty as well as principles for respecting, human rights and
dignity (Costa and Thorens, 2015). Depending on the administrative system of
the country, such professional and integrity standards may be developed by, or
in consultation with, the Ministry that the police are reporting to. Evidence
also shows that if integrity standards are developed in a participatory
approach, with the police and other actors, there is a higher chance that they
will be taken on board and implemented by the police.
If well promoted, a code of ethics setting out integrity standards has the
potential to: give guidance for action to police officers facing ethical dilemmas;
contribute to a better identification, analysis and resolution of ethical
problems; and assist the exercise of leadership and management throughout
the organization and enhance public trust in the police (CoE, 2001, Explanatory
Memorandum).
There is no prescriptive international standard on what a code of ethics should
include. Nevertheless, the European Code of Police Ethics (2010) is widely
recognized and promoted as a model code internationally. Consisting of 66
articles, the Code is organized under the following sub-headings:

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• objectives of the police

• legal basis of the police under the rule of law
• the police and the criminal justice systems
• organizational structures of the police (recruitment, retention, training,
and rights of personnel)
• guidelines for police action (including the overarching human rights and
ethical standards such as respecting and protecting fundamental human
rights, acting in line with principles of legality, impartiality, non-
discrimination, consideration for protecting groups at risk of
vulnerability)
• accountability and control of the police
• research and international cooperation

25.Explain the provisions relating to appointment, powers and procedures of

special judges under prevention of corruption Act 1988.

Power to appoint special Judges

(1) The Central Government or the State Government may, by notification in

the. Official Gazette, appoint as many special Judges as may be necessary for
such area or areas or for such case or group of cases as may be specified in the
notification to try the following offences, namely: -

(a) any offence punishable under this Act; and

(b) any conspiracy to commit or any attempt to commit or any abetment of

any of the offences specified in clause (a).

(2) A person shall not be qualified for appointment as a special Judge under
this Act unless he is or has been a Sessions Judge or an Additional Sessions
Judge or an Assistant Sessions Judge under the Code of Criminal Procedure,
1973.

Procedure and powers of special Judge

(1) A special Judge may take cognizance of offences without the accused being
committed to him for trial and, in trying the accused persons, shall follow the
procedure prescribed by the Code of Criminal Procedure, 1973. for the trial of
warrant cases by Magistrates.

(2) A special Judge may, with a view to obtaining the evidence of any person
supposed to have been directly or indirectly concerned in or privy to, an

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offence, tender a pardon to such person on condition of his making a full and
true disclosure of the whole circumstances within his knowledge. relating to
the offence and to every other person concerned, whether as principal or
abettor, in the commission thereof and any pardon so tendered shall, for the
purposes of sub-sections (1) to (5) of section 308 of the Code of Criminal
Procedure, 1973, be deemed to have been tendered under section 307 of that
Code.

(3) Save as provided in sub-sections (1) or sub-section (2), the provisions of the
Code of Criminal Procedure, 1973, shall, so far as they are not inconsistent
with this Act, apply to the proceedings before a special Judge; and for the
purposes of the said provisions, the Court of the special Judge shall be deemed
to be a Court of Session and the person conducting a prosecution before a
special Judge shall be deemed to be a public prosecutor.

(4) In particular and without prejudice to the generality of the provisions

contained in sub-section (3), the provisions of sections 326 and 475 of the
Code of Criminal Procedure, 1973, shall, so for as may be, apply to the
proceedings before a special Judge and for the purposes of the said provisions,
a special Judge shall be deemed to be a Magistrate.

(5) A special Judge may pass upon any person convicted by him any sentence
authorized by law for the punishment of the offence of which such person is
convicted.

(6) A special Judge, while trying an offence punishable under this Act, shall
exercise all the powers and functions exercisable by a District Judge under the
Criminal Law Amendment Ordinance, 1944.

Power to try summarily

(1) Where a special Judge tries any offence specified in sub-section (1) of
section 3, alleged to have been committed by a public servant in relation to the
contravention of any special order referred to in sub-section (1) of section 12A
of the Essential Commodities Act, 1955 or of an order referred to in clause (a)
of sub-section (2) of that section, then, notwithstanding anything contained in
sub-section (1) of section 5 of this Act or section 260 of the Code of Criminal
Procedure, 1973, the special Judge shall try the offence in a summary way, and
the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as
far as may be, apply to such trial:

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Provided that, in the case of any conviction in a summary trial under this
section, it shall be lawful for the special Judge to pass a sentence of
imprisonment for a term not exceeding one year:

Provided further that when at the commencement of, or in the course of, a
summary trial under this section, it appears to the special Judge that the
nature of the case is such that a sentence of imprisonment for a term
exceeding one year may have to be passed or that it is, for any other reason,
undesirable to try the case summarily, the special Judge shall, after hearing the
parties, record an order to that effect and thereafter recall any witnesses who
may have been examined and proceed to hear or re-hear the case in
accordance with the procedure prescribed by the said Code for the trial of
warrant cases by Magistrates.

(2) Notwithstanding anything to the contrary contained in this Act or in the

code of Criminal Procedure, 1973, there shall be no appeal by a convicted
person in any case tried summarily under this section in which the special
Judge passes a sentence of imprisonment not exceeding one month, and of
fine not exceeding two thousand rupees whether or not any order under
section 452 of the said Code is made in addition to such sentence, but an
appeal shall lie where any sentence in excess of the aforesaid limits is passed
by the special Judge.

26.Discuss the repressive measures adopted under drugs and cosmetics Act
to prevent adulteration of drugs.

For the purposes of this Chapter, a drug shall be deemed to be adulterated,

(a) if it consists, in whole or in part, of any filthy, putrid or decomposed

substance; or

(b) if it has been prepared, packed or stored under insanitary conditions

whereby it may have been contaminated with fifth or whereby it may have
been rendered injurious to health; or

(c) if its container is composed in whole or in part, of any poisonous or

deleterious substance which may render the contents injurious to health; or

(d) if it bears or contains, for purposes of coloring only, a colour other than one
which is prescribed; or

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(e) if it contains any harmful or toxic substance which may render it injurious
to health; or

(f) if any substance has been mixed therewith so as to reduce its quality or
strength.

Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter

Whoever, himself or by any other person on his behalf, manufactures for sale
or for distribution, or sells, or stocks or exhibits or offers for sale or
distributes,-

(a) any drug deemed to be adulterated under section 17A or spurious under
section 17B or which when used by any person for or in the diagnosis,
treatment, mitigation, or prevention of any disease or disorder is likely to
cause his death or is likely to cause such harm on his body as would amount to
grievous hurt within the meaning of section 320 of the Indian Penal Code solely
on account of such drug being adulterated or spurious or not or standard
quality, as the case may be, shall be punishable with imprisonment for a term
which shall not be less than five years but which may extend to a term of life
and with fine which shall not be less than ten thousand rupees;

(b) any drug-

(i) deemed to be adulterated under section 17A, but not being a drug referred
to in clause (a), or

(ii) without a valid license as required under clause (c) of section 18, shall be
punishable with imprisonment for a term which shall not be less than, one year
but which may extend to three years and with fine which shall not be less than
five thousand rupees;

Provided that the Court may, for, any adequate and special reasons to be
recorded in the judgment, impose a sentence of imprisonment for a term of
less than one year and of fine of less than five thousand rupees;

(c) any drug deemed to be spurious under section 17B, but not being a drug
referred to in clause (a) shall be punishable with imprisonment for a term
which shall not be less than three years but which may extend to five years and
with fine which shall not be less than five thousand rupees:

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Provided that the Court may, for any adequate and special reasons, to be
recorded in the judgment, impose a sentence of imprisonment for a term of
less than three years but not less than one year ;

(d) any drug, other than a drug referred to in clause (a) or clause (b) or clause
(c), in contravention of any other provision of this Chapter or any rule made
thereunder, shall be punishable with imprisonment for a term which shall not
be less than one year but which may extend to two years and with fine:

Provided that the Court may for any adequate and special reasons to be
recorded in the judgment impose a sentence of imprisonment for a term of
less than one year.

27.Discuss the importance of opinions of disciplinary committee of Bar

council of India.
Introduction

Disciplinary committee means a person or a group of people who are

empowered to hear cases and proceedings involving professional misconduct
of an advocate upon a complaint, revision or suo motu. The disciplinary
committee is mainly formed to ensure that the members of the bar council of
India or the bar council of any state are maintaining professional ethics and
standards.

Constitution of the Disciplinary Committee

The Bar Council shall constitute a disciplinary committee as per Section 9 of

the Advocates Act, 1961. This section provides that the one or more
disciplinary committee are required to be formed and each of these
disciplinary committee shall consist of three members. The election of two
from the three members of the disciplinary committee shall be done by the
Council from the members of the Bar Council of India itself. The third member
shall be co-elected by the Council outside of the members of the Bar Council
but who shall be an advocate and possess qualifications as prescribed in
Section 3(2) of the Advocates Act, 1961. The section further states that the
senior most advocate shall be the chairman of the committee. The term of
members of this committee shall be not more than 3 years.

Powers of Disciplinary Committee

The section 42 of the Advocate’s Act, 1961 provides powers of disciplinary

committee. The section states that the disciplinary committee shall have the

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same powers as vested in a civil court as per the Code of Civil Procedure, 1908
which are as follows:

• Summoning and enforcing the attendance of any person and examining

him on oath.
• Requiring discovery and production of any documents.
• Receiving evidence on affidavits.
• Requisitioning any public record or copies thereof from any court or
office.
• Issuing commission for the examination of witness or documents.
• Any other matter which may be prescribed.

Restricted Powers of the Disciplinary Committee

The disciplinary committee can exercise these powers only with a prior
approval of certain authorities. These are as follows:

• Attendance of any presiding officer of a court shall be allowed only with

a prior approval of the High Court to which such court is subordinate.
• Attendance of any officer of revenue court shall be allowed only with
prior approval of the State Government.

Miscellaneous Powers

• The proceedings before the disciplinary committee shall be deemed to

be judicial proceedings.
• The disciplinary committee shall be deemed to be a civil court.
• If a chairman or any member of the disciplinary committee is unavailable
on the date fixed for hearing the matter then the disciplinary
committee may if it thinks fit proceed with the hearing and pass
necessary orders provided that the order passed shall not be the final
order. The proceedings and the order passed by such a committee
shall not be invalid merely because the chairman or all three members
of the disciplinary committee were not present.
• Where the final orders cannot be made because of want of majority
among the disciplinary committee or is not in accordance with the
opinion of the Chairman or the members of the disciplinary committee
then such matter or case shall be placed before the Chairman of the
Bar Council. If the Chairman of the Bar Council is acting as the
chairman of the disciplinary committee, then the case shall be placed
before the Vice Chairman of the Bar Council. After hearing the case,

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the Vice Chairman shall deliver his opinion and the disciplinary
committee shall follow such final order.
• The disciplinary committee also has the power to impose costs of
proceedings as it may deem fit and such order shall be executable as if
it were the orders of High Court or Supreme Court.
• The disciplinary committee also has the power to review its own orders
under section 44 of the Advocates Act, 1961.

Case Laws:

Allahabad Bank Vs. Girish Prasad Verma

Facts: A complaint was lodged by the Allahabad Bank against its advocate
Girish Verma stating that the advocate was given 52 suits for filing and
accordingly paid him the requisite court fee that was required for the same.
The Advocate Girish Verma filed 50 out of 52 suits and misappropriated the
court fees paid to him for the remaining 2 suits.

Held: The disciplinary committee of the Uttar Pradesh Bar Council held that the
advocate had misappropriated the court fee paid to him by the complainant
and hence ordered for striking off the advocates name from the roll of Uttar
Pradesh Bar Council. It further held that “The legal profession is a noble
profession and its members must set an example of conduct worthy of
emulation.”

V. C. Rangadurai Vs. D. Gopalan

Facts: The advocate Mr. V.C. Rangadurai did not disclose conflicting interest to
his client and kept him in dark. By doing this the advocate deceived his client
who had placed his trust with him. The disciplinary committee found the
advocate guilty and suspended him for a period of six years. The same order
was challenged in the Supreme Court.

Held: The Supreme Court of India upheld the order passed by the disciplinary
committee as there was no doubt regarding the advocates misconducts but
reduced the punishment from six years to one year.

28.Discuss the salient features of the immoral traffic act (prevention) Act
1986.
Introduction:

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The Immoral Traffic (Prevention) Act or ITPA is a 1986 amendment of

legislation passed in 1956 as a result of the signing by India of the United
Nations’ declaration in 1950 in New York on the suppression of trafficking.
The act, then called the All India Suppression of Immoral Traffic Act (SITA), was
amended to the current law. The laws were intended as a means of limiting
and eventually abolishing prostitution in India by gradually criminalising
various aspects of sex work.

About Immoral Traffic Prevention Act, 1986

• In 1950 the Government of India ratified the International Convention

for the Suppression of Immoral Traffic in Persons and the Exploitation of
the Prostitution of others. In 1956 India passed the Suppression of
Immoral Traffic in Women and Girls Act, 1956 (SITA)
• SITA was amended in 1986 and the Immoral Traffic Prevention Act was
passed
• The act states the illegality of prostitution and the punishment for
owning any such related establishment
• Any person involved in any phase of the chain activities like recruiting,
transporting, transferring, harbouring, or receiving of people for the
purpose of prostitution is also liable to be punished
• If a person is found guilty of involving a child in any such activity, he/she
is punishable by law and may be imprisoned for seven or more years

he Immoral Traffic Prevention Amendment Bill, 2006 is a revised version of the

Immoral Traffic Prevention Act, 1986. Given below are the important points of
the Amendment bill:

• The Bill deletes provisions that penalised prostitutes for soliciting clients.
It penalises any person visiting a brothel for the purpose of sexual
exploitation of trafficked victims
• All offences listed in the Bill would be tried in camera, i.e., the public
would be excluded from attending the trial
• This Bill punishes trafficking for the purpose of prostitution. Trafficking
for other purposes (such as bonded labour and domestic work) are not
covered by the Bill

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• The Bill constitutes authorities at the centre and state level to combat
trafficking. However, it does not elaborate on the role, function and
composition of these authorities

Initiatives to combat trafficking of Women and Children

Apart from the Immoral Trafficking (Prevention) Act, various other initiatives
have been taken up by the Government and other concerned authorities.
Discussed below are the same:

• National Plan of Action to Combat Trafficking and Commercial Sexual

Exploitation of Women and Children 1998 was formulated
• Ministry of Home Affairs has set up a dedicated cell for prevention of
trafficking
• The Ministry of Women and Child Development (MWCD) along with the
Ministry of External Affairs has endeavoured to create special task forces
to combat cross border trafficking
• The MWCD in collaboration with NIPCCD and UNICEF has developed
three manuals for ‘Judicial Handbook on combating Trafficking of
women and Children for Commercial Sexual Exploitation’
29.Write a note on medical malpractices.
Malpractice Defined

Medical malpractice is negligence committed by a medical professional. While

many accidents occur in hospitals and in the practice of medicine in general,
some of them could have been avoided. When a physician makes a
preventable error that results in injury, the patient may file a medical
malpractice suit for damages.

Elements of a Medical Malpractice Claim

For negligence to be "actionable" (having all the components necessary to

constitute a viable cause of action -- and thus a legitimate lawsuit),
the following elements must exist:

• There must be a duty owed to someone;

• There must be a breach of that duty; and
• The breach of that duty must result in harm or damage that is
proximately caused by that breach.

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“Proximate cause” is a legal term that, in the medical malpractice sense,

essentially asks whether, "but for" the alleged negligence of the medical
professional, the harm or injury to the patient would have occurred. If the
injury still would have occurred regardless of the alleged act of malpractice,
then there is no valid claim. See Elements of a Negligence Case for more
details.

The Duty of Care

A physician must owe a duty of care to patients before his or her competency
in performing that duty can be judged. Generally, in the United States, a
person has no affirmative duty to assist injured individuals in the absence of a
special relationship with them (such as doctor-patient, attorney-client,
guardian-ward, etc.). However, once a doctor voluntarily decides to assist
others or come to their aid, he or she becomes liable for any injury that results
from any negligence during that assistance. Once the requisite doctor-patient
relationship is established, the doctor owes to the patient a duty of care and
treatment with the degree of skill, care, and diligence as possessed by, or
expected of, a reasonably competent physician under the same or similar
circumstances. This can be different than the standard of care for treatment
and surgery.

Tort Reform

Tort reform is a change or alteration laws regarding who can sue or be sued,
mostly to limit large awards for damages. Much of the reasoning behind tort
reform is the notion that medical malpractice lawsuits are one of the biggest
drivers of high medical costs. However, a study published by the Congressional
Budget Office in 2009 concluded that limiting malpractice liability would limit
health care spending in the U.S. by just one-half of 1 percent. Still, fear of being
sued has led many doctors to perform what is called "defensive medicine," the
act of ordering extra tests and using expensive imaging devices in order to
provide a defense for any possible lawsuit by the patient.

More than half the states now limit damage awards and many have
established limits on attorney's fees. Moreover, almost all states now have
two-year statutes of limitations (time limits) for standard claims, and have
eliminated joint and several liability in malpractice law suits.

30.Write a note on N N Voraha committee report.

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The Vohra Committee was set up by the P.V. Narasimha Rao Government in
July 1993. The Committee was headed by the former Indian Home Secretary
N.N Vohra who submitted the Committee Report in October 1993. The
Committee was set up in the aftermath of the Bombay Blasts in the same year.

The Committee studied the problem of the criminalisation of politics and the
nexus among criminals, politicians and bureaucrats in India. The report
contained several observations made by official agencies on the criminal
network which was virtually running a parallel government. It also discussed
criminal gangs who enjoyed the patronage of politicians from all parties and
the protection of government functionaries.

It was further revealed that political leaders had become leaders of gangs
which operated mafias. Over the years criminals had been elected to Local
Bodies, State Legislative Assemblies and the Parliament. It is fascinating to
note that only 13 pages of the report are made available to the public and the
rest, undisclosed highly confidential pages have been buried deep inside the
corridors of power.

One has to understand the deep meaning of criminalisation of politics in order

to grasp the reasons as to why the Vohra Committee was constituted, although
publicly containing only 13 pages, speaks volumes about Indian politics and
how the need for change is of paramount importance. Many eminent
personalities have filed petitions in Court in order to get the official copy of the
Report but even the Supreme Court of India is reluctant to release the
annexures of the Report to the public as it contains sensitive information that
might hamper the functioning of the investigative agencies of the country.

31.Write a note on legal framework to prevent the social evil of

untouchability.
Introduction:
The abolition of untouchability (Article 17) was incorporated in Part III of the
Indian constitution's Fundamental Rights section. It places limitations on and
outlaws the practice of untouchability, ensuring that it is removed in all forms.
Here we will discuss Article 17 and the concept of the abolition of
untouchability.

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Article 17 – Explanation

• To put a stop to the caste system, untouchability, prejudice, and other

forms of oppression that have existed in our culture for generations,
Article 17 was included in the Indian Constitution
• It provides security not only against the government but also against
private individuals. The state has a legal obligation to take the
appropriate efforts to ensure that it is not violated. ( People's Union for
Democratic Rights v Union of India Case)
• Of all the rights articles established in the Constitution, Article 17 is the
only one that is absolute. That is, practicing untouchability in any form is
prohibited and there are 'no ifs, no buts,' only punishments if you
practice untouchability.
• You must have read that all other rights have exceptions, but this article
does not. This means you can't break it under any circumstances.

Laws To End Untouchability

This fundamental right is not inherently applicable. Untouchability would

continue to exist in many parts of India even after the Constitution has been in
force for 70 years. To combat this, the Parliament has enacted legislation
under the authority of Article 35's authority.

The Untouchability Offences Act of 1955

• This will be a criminal offense for which no pardon will be granted.

• If proven, a sentence of six months in prison or a fine of 500 rupees, or
both, may be imposed.
• If a candidate for Parliament or a state election is found guilty, he/she
will be disqualified.

The Protection of Civil Liberties Act 1976

• The Untouchability Offenses Statute of 1955 was amended by this act.

• On proving charges, the sentence was raised to two years in prison or a
fine of Rs. 2000, or both.

The Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act, 1989

• Its principal goal is to avoid atrocities by increasing surveillance and

collecting permits from upper castes, among other things.
• Provides victims with assistance and rehabilitation.

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• It establishes a special court and a special police force.

• Police may even offer arms to members of the SC and ST communities
for self-defense in some cases.

Conclusion

Article 17 is an essential component of the Right to Equality. It ensures not

only equality but also social justice. In India, all forms of untouchability is a
crime that is penalized by law. It is also important that the definition of
Untouchability should not be interpreted literally. Rather, the concept of
untouchability should be interpreted in the context of Indian society.

32.Write a note on political corruption.

Introduction:
Political corruption is worst in India. The major cause of concern is that
corruption is weakening the political body and damaging the supreme
importance of the law governing the society. Nowadays politics is only for
criminals and criminals are meant to be in politics. Elections in many parts of
the country have become associated with a host of criminal activities.
Threatening voters to vote for a particular candidate or physically prevent
voters from going in to the polling booth – especially weaker sections of the
society like tribal’s, dalits and rural woman occurs frequently in several parts of
the country. Tax evasion is one of the most popular forms of corruption.

It is mostly practiced by Government officials and politicians who lead to the

accumulation of black money which in turn spoils the moral of the people.CBI
has registered over 1,450 cases of alleged corruption during the years 2010,
2011 and 2012 (till March 31, 2012), it has registered 1,451 cases under the
prevention of Corruption Act, 1988.

Out of these 1,451 cases, 464 were trap cases. 2012 marks 60 years since the
first Indian general election. In this time, the Election Commission of India has
come a long way in ensuring the conduct of free and fair elections at various
levels, -thus cementing its reputation as one of the most respected
constitutional bodies in recent times.

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In spite of its reputation, elections have become perhaps the biggest source of
corruption in the country. Inevitably, the proceeds of corruption worms its way
into funding election campaigns. So much so, that the National Commission to
Review the Working of the Constitution, 2001 noted that “electoral
compulsions for funds become the foundation of the whole superstructure of
corruption”.

In more recent developments, surprisingly, none of the various Lokpal bills

address the issue of electoral corruption. While the apparent silence of the
politicians on this issue is understood, one can only speculate as to why Team
Anna and various other non-governmental bodies pitching for a strong Lokpal
have remained silent on this issue.

33.Discuss the background and observation and suggestions of Lentin

commission.
Refer Q.No. 14
34.Discuss the case of V. C. Ranga Durai V/S Goplan and others AIR 1999 S.C
281.
The disciplinary committee of a State Bar Council after giving the advocate
concerned and the Advocate General an opportunity of being heard, may make
any of the following orders, namely:-
(a) dismiss the complaint or, where the proceedings were initiated at the
instance of the State Bar Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.
Sec. 37 provides an appeal to the Bar Council of India.

It runs:

37(1) Any person aggrieved by an order of the disciplinary committee of

a State Bar Council made (under section 35) (or the Advocate General of

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the State) may, within sixty days of the date of the communication of the order
to him, prefer an appeal to the Bar Council of India.
(2) Every such appeal shall be heard by the disciplinary committee 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.

Section 38 provides a further, final appeal to the Supreme Court in these terms:

"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, as the case may be)
may, within sixty days of the date on which the order is communicated to him,
prefer an appeal to the Supreme Court and 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." Section 35(3) (c)
enables suspensions of the advocate-

whether conditionally or absolutely, it is left unclear. Section 37 (2) empowers

the Bar Council of India widely to 'pass such order as it deems fit.' And the
Supreme Court, under Sec. 38 enjoys ample and flexible powers to 'pass such
order.. as it deems fit'.

Innovation within the frame-work of the law is of the essence of the

evolutionary process of juridical development. From that angle, we think it
proper to make a correctional experiment as a super-addition to punitive
infliction. Therefore, we make it clear that our action is less a precedent than a
portent.

With the modification made above, we dismiss the appeal.

SEN, J.-This appeal under section 38 of the Advocates Act, 1961 by V. C.

Rangadurai is directed against an order of the Disciplinary Committee of
the Bar Council of India dated March 11, 1978 upholding the order of the
Disciplinary Committee-II of the State Bar Council, Madras dated May 4, 1975
holding him guilty of professional misconduct but reducing the period of
suspension from practice to one year from six years.

There can be no doubt that the appellant had duped the complainants, T.
Deivasenapathy, an old deaf man aged 70 years and his aged wife Smt. D.
Kamalammal by not filing the suits on two promissory notes for Rs. 15,000/- and

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Rs. 5,000/- both dated August 26, 1969 executed by their land-lady Smt. Parvathi
Ammal, who had borrowed Rs. 20,000/- from them, by deposit of title deeds.

It matters little whether the amount of Rs. 3,410/- was paid to the appellant in
a lump sum or in two instalments. Deivasenapathy, P.W. 1 faltered when
confronted with the notice Ext. R-1 and the Disciplinary Committee of
the Bar Council of India has adversely commented on this by saying that he is
not 'an illiterate rustic' but is an M.I.S.E., a retired Civil Engineer. This by itself
does not disapprove the payment of the amount in question. It may be the
general power of attorney, D. Gopalan, P.W. 2, made a mistake in instructing the
counsel in giving the notice. As regards the various dates appearing on the
copies of the two plaints, Exts. P-1 and P-2, the complainants could not have got
these dates by themselves unless they were given by the appellant.

In an appeal under section 38 of the Act, this Court would not, as a general rule,
interfere with the concurrent finding of fact by the Disciplinary Committee of
the Bar Council of India and of the State Bar Council unless the finding is based
on no evidence or it proceeds on mere conjecture and unwarranted inferences.
This is not the case here.

Under the scheme of the Act, the disciplinary jurisdiction vests with
the State Bar Council and the Bar Council of India. Disciplinary proceedings
before the State Bar Council are sui ceneris, are neither civil nor criminal in
character, and are not subject to the ordinary criminal procedural safeguards.
The purpose of disciplinary proceedings is not punitive but to inquire, for the
protection of the public, the courts and the legal profession, into fitness of the
subject to continue in the capacity of an advocate. Findings in disciplinary
proceedings must be sustained by a higher degree of proof than that required
in civil suits, yet falling short of the proof required to sustain a conviction in a
criminal prosecution. There should be convincing preponderance of evidence.
That test is clearly fulfilled in the instant case.

The appeal for mercy appears to be wholly misplaced. It is a breach of integrity

and a lack of probity for a lawyer to wrongfully withhold the money of his client.
In a case of such grave professional misconduct, the State Bar Council observes
that the appellant deserved the punishment of disbarment, but looking to his
young age, only suspended him from practice for a period of six years. The
Disciplinary Committee of the Bar Council of India has already taken a lenient
view and reduced the period of suspension from six years to one year, as in its
view the complainants did not suffer by the suits not being proceeded with

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because even if they had obtained decrees for money, they would still have been
required to file a regular mortgage suit for the sale of the property charged.

In the facts and circumstances of the case, I am of the view that the punishment
awarded by the Disciplinary Committee of the Bar Council of India does not
warrant any further interference.

The advantage of reading the judgment of my learned brother Krishna Iyer for
the restitution to the appellant of his right to practice upon fulfilment of certain
conditions. I have my own reservations in the matter, that is, whether any such
direction should at all be made in the present case.

35.Define “ Atrocity” and Explain punishment for offences of atrocities under

the scheduled castes and scheduled tribes ( prevention of Atrocities) Act
1989
Introduction:

A new definition of atrocity was established by the Parliament in 1989 when

this Act was passed. In India, the term “atrocity” is often used to describe
crimes committed against SCs and STs. This refers to any crime committed
against SCs and STs by persons who are not SCs or STs under the Indian Penal
Code, 1860. It is not necessary to have a motive for racial discrimination in
order to commit such an offence.

(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,--

(a) puts any inedible or obnoxious substance into the mouth of a member of a
Scheduled Caste or a Scheduled Tribe or forces such member to drink or eat
such inedible or obnoxious substance;
(b) dumps excreta, sewage, carcasses or any other obnoxious substance in
premises, or at the entrance of the premises, occupied by a member of a
Scheduled Caste or a Scheduled Tribe;
(c) with intent to cause injury, insult or annoyance to any member of a
Scheduled Caste or a Scheduled Tribe, dumps excreta, waste matter, carcasses
or any other obnoxious substance in his neighbourhood;
(d) garlands with footwear or parades naked or semi-naked a member of a
Scheduled Caste or a Scheduled Tribe;
(e) forcibly commits on a member of a Scheduled Caste or a Scheduled Tribe
any act, such as removing clothes from the person, forcible tonsuring of head,

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removing moustaches, painting face or body or any other similar act, which is
derogatory to human dignity;
(f) wrongfully occupies or cultivates any land, owned by, or in the possession of
or allotted to, or notified by any competent authority to be allotted to, a
member of a Scheduled Caste or a Scheduled Tribe, or gets such land
transferred;
(g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled
Tribe from his land or premises or interferes with the enjoyment of his rights,
including forest rights, over any land or premises or water or irrigation facilities
or destroys the crops or takes away the produce therefrom.
Explanation.--For the purposes of clause (f) and this clause, the expression
"wrongfully" includes--

(A) against the person's will;

(B) without the person's consent;
(C) with the person's consent, where such consent has been obtained by
putting the person, or any other person in whom the person is interested in
fear of death or of hurt; or
(D) fabricating records of such land;
(h) makes a member of a Scheduled Caste or a Scheduled Tribe to do "begar"
or other forms of forced or bonded labour other than any compulsory service
for public purposes imposed by the Government;
(i) compels a member of a Scheduled Caste or a Scheduled Tribe to dispose or
carry human or animal carcasses, or to dig graves;
(j) makes a member of a Scheduled Caste or a Scheduled Tribe to do manual
scavenging or employs or permits the employment of such member for such
purpose;
(k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe
woman to a deity, idol, object of worship, temple, or other religious institution
as a deva dasi or any other similar practice or permits aforementioned acts;
(l) forces or intimidates or prevents a member of a Scheduled Caste or a
Scheduled Tribe--
(A) not to vote or to vote for a particular candidate or to vote in a manner
other than that provided by law;

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(B) not to file a nomination as a candidate or to withdraw such nomination; or

(C) not to propose or second the nomination of a member of a Scheduled
Caste or a Scheduled Tribe as a candidate in any election;
(m) forces or intimidates or obstructs a member of a Scheduled Caste or a
Scheduled Tribe, who is a member or a Chairperson or a holder of any other
office of a Panchayat under Part IX of the Constitution or a Municipality under
Part IXA of the Constitution, from performing their normal duties and
functions;
(n) after the poll, causes hurt or grievous hurt or assault or imposes or
threatens to impose social or economic boycott upon a member of a
Scheduled Caste or a Scheduled Tribe or prevents from availing benefits of any
public service which is due to him;
(o) commits any offence under this Act against a member of a Scheduled Caste
or a Scheduled Tribe for having voted or not having voted for a particular
candidate or for having voted in a manner provided by law;
(p) institutes false, malicious or vexatious suit or criminal or other legal
proceedings against a member of a Scheduled Caste or a Scheduled Tribe;
(q) gives any false or frivolous information to any public servant and thereby
causes such public servant to use his lawful power to the injury or annoyance
of a member of a Scheduled Caste or a Scheduled Tribe;
(r) intentionally insults or intimidates with intent to humiliate a member of a
Scheduled Caste or a Scheduled Tribe in any place within public view;
(s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste
name in any place within public view;
(t) destroys, damages or defiles any object generally known to be held sacred
or in high esteem by members of the Scheduled Castes or the Scheduled
Tribes.
Explanation.--For the purposes of this clause, the expression "object" means
and includes statue, photograph and portrait;
(u) by words either written or spoken or by signs or by visible representation or
otherwise promotes or attempts to promote feelings of enmity, hatred or ill-
will against members of the Scheduled Castes or the Scheduled Tribes
(v) by words either written or spoken or by any other means disrespects any
late person held in high esteem by members of the Scheduled Castes or the
Scheduled Tribes;

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(w) (i) intentionally touches a woman belonging to a Scheduled Caste or a

Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a
Scheduled Tribe, when such act of touching is of a sexual nature and is without
the recipients consent;
(ii) uses words, acts or gestures of a sexual nature towards a woman belonging
to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a
Scheduled Caste or a Scheduled Tribe.
Explanation.--For the purposes of sub-clause (i), the expression "consent"
means an unequivocal voluntary agreement when the person by words,
gestures, or any form of non-verbal communication, communicates willingness
to participate in the specific act:
Provided that a woman belonging to a Scheduled Caste or a Scheduled Tribe
who does not offer physical resistance to any act of a sexual nature is not by
reason only of that fact, is to be regarded as consenting to the sexual activity:
Provided further that a woman's sexual history, including with the offender
shall not imply consent or mitigate the offence;
(x) corrupts or fouls the water of any spring, reservoir or any other source
ordinarily used by members of the Scheduled Castes or the Scheduled Tribes
so as to render it less fit for the purpose for which it is ordinarily used;
(y) denies a member of a Scheduled Caste or a Scheduled Tribe any customary
right of passage to a place of public resort or obstructs such member so as to
prevent him from using or having access to a place of public resort to which
other members of public or any other section thereof have a right to use or
access to;
(z) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to
leave his house, village or other place of residence:
Provided that nothing contained in this clause shall apply to any action taken in
discharge of a public duty;
(za) obstructs or prevents a member of a Scheduled Caste or a Scheduled Tribe
in any manner with regard to--
(A) using common property resources of an area, or burial or cremation ground
equally with others or using any river, stream, spring, well, tank, cistern, water-
tap or other watering place, or any bathing ghat, any public conveyance, any
road, or passage;

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(B) mounting or riding bicycles or motor cycles or wearing footwear or new

clothes in public places or taking out wedding procession, or mounting a horse
or any other vehicle during wedding processions;
(C) entering any place of worship which is open to the public or other persons
professing the same religion or taking part in, or taking out, any religious,
social or cultural processions including jatras;
(D) entering any educational institution, hospital, dispensary, primary health
centre, shop or place of public entertainment or any other public place; or
using any utensils or articles meant for public use in any place open to the
public; or
(E) practicing any profession or the carrying on of any occupation, trade or
business or employment in any job which other members of the public, or any
section thereof, have a right to use or have access to;

(zb) causes physical harm or mental agony of a member of a Scheduled Caste

or a Scheduled Tribe on the allegation of practicing witchcraft or being a witch;
or
(zc) imposes or threatens a social or economic boycott of any person or a
family or a group belonging to a Scheduled Caste or a Scheduled Tribe,
shall be punishable with imprisonment for a term which shall not be less than
six months but which may extend to five years and with fine.]
(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,--
(i) gives or fabricates false evidence intending thereby to cause, or knowing it
to be likely that he will thereby cause, any member of a Scheduled Caste or a
Scheduled Tribe to be convicted of an offence which is capital by the law for
the time being in force shall be punished with imprisonment for life and with
fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe be
convicted and executed in consequence of such false or fabricated evidence,
the person who gives or fabricates such false evidence, shall be punished with
death;
(ii) gives or fabricates false evidence intending thereby to cause, or knowing it
to be likely that he will thereby cause, any member of a Scheduled Caste or a
Scheduled Tribe to be convicted of an offence which is not capital but
punishable with imprisonment for a term of seven years or upwards, shall be
punishable with imprisonment for a term which shall not be less than six
months but which may extend to seven years or upwards and with fine;

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(iii) commits mischief by fire or any explosive substance intending to cause or

knowing it to be likely that he will thereby cause damage to any property
belonging to a member of a Scheduled Caste or a Scheduled Tribe, shall be
punishable with imprisonment for a term which shall not be less than six
months but which may extend to seven years and with fine;
(iv) commits mischief by fire or any explosive substance intending to cause or
knowing it to be likely that he will thereby cause destruction of any building
which is ordinarily used as a place of worship or as a place for human dwelling
or as a place for custody of the property by a member of a Scheduled Caste or
a Scheduled Tribe, shall be punishable with imprisonment for life and with fine;

(v) commits any offence under the Indian Penal Code (45 of 1860) punishable
with imprisonment for a term of ten years or more against a person or
property 2[knowing that such person is a member of a Scheduled Caste or a
Scheduled Tribe or such property belongs to such member], shall be
punishable with imprisonment for life and with fine;
(va) commits any offence specified in the Schedule, against a person or
property, knowing that such person is a member of a Scheduled Caste or a
Scheduled Tribe or such property belongs to such member, shall be punishable
with such punishment as specified under the Indian Penal Code (45 of 1860)
for such offences and shall also be liable to fine;]
(vi) knowingly or having reason to believe that an offence has been committed
under this Chapter, causes any evidence of the commission of that offence to
disappear with the intention of screening the offender from legal punishment,
or with that intention gives any information respecting the offence which he
knows or believes to be false, shall be punishable with the punishment
provided for that offence; or

(vii) being a public servant, commits any offence under this section, shall be
punishable with imprisonment for a term which shall not be less than one year
but which may extend to the punishment provided for that offence.

BY
ANIL KUMAR K T LLB COACH

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