THE BHARATIYA NYAYA SANHITA, 2023 CHAPTER I PRELIMINARY 1. Short title, commencement and application. 2. Definitions. 3. General Explanations and expressions.     CHAPTER II OF PUNISHMENTS 4. Punishments. 5. Commutation of sentence of death or imprisonment for life. 6. Fractions of terms of punishment. 7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. 8. Amount of fine, liability in default of payment of fine, etc. 9. Limit of punishment of offence made up of several offences. 10. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which. 11. Solitary confinement. 12. Limit of solitary confinement. 13. Enhanced punishment for certain offences after previous conviction.     CHAPTER III GENERAL EXCEPTIONS 14. Act done by a person bound, or by mistake of fact believing himself bound, by law. 15. Act of Judge when acting judicially. 16. Act done pursuant to the judgment or order of Court. 17. Act done by a person justified, or by mistake of fact believing himself, justified, by law. 18. Accident in doing a lawful act. 19. Act likely to cause harm, but done without criminal intent, and to prevent other harm. 20. Act of a child under seven years of age. 21. Act of a child above seven and under twelve of immature understanding. 22. Act of a person of mental illness. 23. Act of a person incapable of judgment by reason of intoxication caused against his will. 24. Offence requiring a particular intent or knowledge committed by one who is intoxicated. 25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. 26. Act not intended to cause death, done by consent in good faith for person’s benefit. 27. Act done in good faith for benefit of child or person with mental illness, by or by consent of guardian. 28. Consent known to be given under fear or misconception. 29. Exclusion of acts which are offences independently of harm caused. 30. Act done in good faith for benefit of a person without consent. 31. Communication made in good faith. 32. Act to which a person compelled by threats. 33. Act causing slight harm.   Of the Right of Private Defence 34. Things done in private defence. 35. Right of private defence of the body and of property. 36. Right of private defence against the act of a person with mental illness, etc. 37. Acts against which there is no right of private defence. 38. When the right of private defence of the body extends to causing death. 39. When such right extends to causing any harm other than death. 40. Commencement and continuance of the right of private defence of the body. 41. When the right of private defence of property extends to causing death. 42. When such right extends to causing any harm other than death. 43. Commencement and continuance of the right of private defence of property. 44. Right of private defence against deadly assault when there is risk of harm to innocent person.     CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT Of Abetment 45. Abetment of a thing. 46. Abettor. 47. Abetment in India of offences outside India. 48. Abetment outside India for offence in India. 49. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. 50. Punishment of abetment if person abetted does act with different intention from that of abettor. 51. Liability of abettor when one act abetted and different act done. 52. Abettor when liable to cumulative punishment for act abetted and for act done. 53. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor. 54. Abettor present when offence is committed. 55. Abetment of offence punishable with death or imprisonment for life. 56. Abetment of offence punishable with imprisonment. 57. Abetting commission of offence by the public or by more than ten persons. 58. Concealing design to commit offence punishable with death or imprisonment for life. 59. Public servant concealing design to commit offence which it is his duty to prevent. 60. Concealing design to commit offence punishable with imprisonment. Of Criminal Conspiracy 61. Criminal conspiracy. Of Attempt 62. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.     CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILDREN Of Sexual offences 63. Rape. 64. Punishment for rape. 65. Punishment for rape in certain cases. 66. Punishment for causing death or resulting in persistent vegetative state of victim. 67. Sexual intercourse by husband upon his wife during separation or by a person in authority. 68. Sexual intercourse by a person in authority. 69. Sexual intercourse by employing deceitful means etc. 70. Gang rape. 71. Punishment for repeat offenders. 72. Disclosure of identity of the victim of certain offences, etc. Of criminal force and assault against women 73. Assault or criminal force to woman with intent to outrage her modesty. 74. Sexual harassment and punishment for sexual harassment. 75. Assault or use of criminal force to woman with intent to disrobe. 76. Voyeurism. 77. Stalking. 78. Word, gesture or act intended to insult the modesty of a woman.     Of offences relating to marriage 79. Dowry death. 80. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. 81. Marrying again during lifetime of husband or wife. 82. Marriage ceremony fraudulently gone through without lawful marriage. 83. Enticing or taking away or detaining with criminal intent a married woman. 84. Husband or relative of husband of a woman subjecting her to cruelty. 85. Kidnapping, abducting or inducing woman to compel her marriage, etc.   Of the causing of miscarriage, etc. 86. Causing miscarriage. 87. Causing miscarriage without woman’s consent. 88. Death caused by act done with intent to cause miscarriage. 89. Act done with intent to prevent child being born alive or to cause it to die after birth. 90. Causing death of quick unborn child by act amounting to culpable homicide. Of offences against children 91. Exposure and abandonment of child under twelve years, by parent or person having care of it. 92. Concealment of birth by secret disposal of dead body. 93. Hiring, employing or engaging a child to commit an offence. 94. Procuration of child. 95. Kidnapping or abducting child under ten years with intent to steal from its person. 96. Selling child for purposes of prostitution, etc. 97. Buying child for purposes of prostitution, etc.     CHAPTER Vi OF OFFENCES AFFECTING THE HUMAN BODY Of offences affecting life 98. Culpable homicide. 99. Murder. 100. Culpable homicide by causing death of person other than person whose death was intended. 101. Punishment for murder. 102. Punishment for murder by life-convict. 103. Punishment for culpable homicide not amounting to murder. 104. Causing death by negligence. 105. Abetment of suicide of child or person with mental illness. 106. Abetment of suicide. 107. Attempt to murder. 108. Attempt to commit culpable homicide. 109. Organised crime. 110. Petty organised crime or organised in general. 111. Offence of terrorist act. Of hurt 112. Hurt. 113. Voluntarily causing hurt. 114. Grievous hurt. 115. Voluntarily causing grievous hurt. 116. Voluntarily causing hurt or grievous hurt by dangerous weapons or means. 117. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act. 118. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property. 119. Voluntarily causing hurt or grievous hurt to deter public servant from his duty. 120. Voluntarily causing hurt or grievous hurt on provocation. 121. Causing hurt by means of poison, etc., with intent to commit an offence. 122. Voluntarily causing grievous hurt by use of acid, etc. 123. Act endangering life or personal safety of others. 124. Wrongful restraint. 125. Wrongful confinement.   Of Criminal Force and Assault 126. Force. 127. Criminal force. 128. Assault. 129. Punishment for assault or criminal force otherwise than on grave provocation. 130. Assault or criminal force to deter public servant from discharge of his duty. 131. Assault or criminal force with intent to dishonor person, otherwise than on grave provocation. 132. Assault or criminal force in attempt to commit theft of property carried by a person. 133. Assault or criminal force in attempt wrongfully to confine a person. 134. Assault or criminal force on grave provocation.   Of Kidnapping, Abduction, Slavery and Forced Labour 135. Kidnapping. 136. Abduction. 137. Kidnapping or maiming a child for purposes of begging. 138. Kidnapping or abducting in order to murder or for ransom etc. 139. Importation of girl or boy from foreign country. 140. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. 141. Trafficking of person. 142. Exploitation of a trafficked person. 143. Habitual dealing in slaves. 144. Unlawful compulsory labour.   CHAPTER VII OF OFFENCES AGAINST THE STATE 145. Waging, or attempting to wage war, or abetting waging of war, against the Government of India. 146. Conspiracy to commit offences punishable by section 145. 147. Collecting arms, etc., with intention of waging war against the Government of India. 148. Concealing with intent to facilitate design to wage war. 149. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. 150. Acts endangering sovereignty unity and integrity of India. 151. Waging war against Government of any foreign State at peace with the Government of India. 152. Committing depredation on territories of foreign State at peace with the Government of India. 153. Receiving property taken by war or depredation mentioned in sections 153 and 154. 154. Public servant voluntarily allowing prisoner of state or war to escape. 155. Public servant negligently suffering such prisoner to escape. 156. Aiding escape of, rescuing or harbouring such prisoner.     CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 157. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. 158. Abetment of mutiny, if mutiny is committed in consequence thereof. 159. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. 160. Abetment of such assault, if the assault committed. 161. Abetment of desertion of soldier, sailor or airman. 162. Harbouring deserter. 163. Deserter concealed on board merchant vessel through negligence of master. 164. Abetment of act of insubordination by soldier, sailor or airman. 165. Persons subject to certain Acts. 166. Wearing garb or carrying token used by soldier, sailor or airman.     CHAPTER IX OF OFFENCES RELATING TO ELECTIONS 167. Candidate, electoral right defined. 168. Bribery. 169. Undue influence at elections. 170. Personation at elections. 171. Punishment for bribery. 172. Punishment for undue influence or personation at an election. 173. False statement in connection with an election. 174. Illegal payments in connection with an election. 175. Failure to keep election accounts.     CHAPTER X-OF OFFENCES RELATING TO COIN, CURRENCY NOTES, BANK NOTES, AND GOVERNMENT STAMPS 176. Counterfeiting coin, government stamps, currency-notes or bank-notes. 177. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank notes. 178. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes. 179. Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency notes or bank-notes. 180. Making or using documents resembling currency-notes or bank-notes. 181. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government. 182. Using Government stamp known to have been before used. 183. Erasure of mark denoting that stamp has been used. 184. Prohibition of fictitious stamps. 185. Person employed in mint causing coin to be of different weight or composition from that fixed by law. 186. Unlawfully taking coining instrument from mint.     CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 187. Unlawful assembly. 188. Every member of unlawful assembly guilty of offence committed in prosecution of common object. 189. Rioting. 190. Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed. 191. Liability of owner, occupier etc., of land on which an unlawful assembly or riot takes place. 192. Affray. 193. Assaulting or obstructing public servant when suppressing riot, etc. 194. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 195. Imputations, assertions prejudicial to national integration.     CHAPTER XII-OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS 196. Public servant disobeying law, with intent to cause injury to any person. 197. Public servant disobeying direction under law. 198. Punishment for non-treatment of victim. 199. Public servant framing an incorrect document with intent to cause injury. 200. Public servant unlawfully engaging in trade. 201. Public servant unlawfully buying or bidding for property. 202. Personating a public servant. 203. Wearing garb or carrying token used by public servant with fraudulent intent.       CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 204. Absconding to avoid service of summons or other proceeding. 205. Preventing service of summons or other proceeding, or preventing publication thereof. 206. Non-attendance in obedience to an order from public servant. 207. Non-appearance in response to a proclamation under section 82 of Act __ of 2023. 208. Omission to produce document to public servant by person legally bound to produce it. 209. Omission to give notice or information to public servant by person legally bound to give it. 210. Furnishing false information. 211. Refusing oath or affirmation when duly required by public servant to make it. 212. Refusing to answer public servant authorised to question. 213. Refusing to sign statement. 214. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation. 215. False information, with intent to cause public servant to use his lawful power to the injury of another person. 216. Resistance to the taking of property by the lawful authority of a public servant. 217. Obstructing sale of property offered for sale by authority of public servant. 218. Illegal purchase or bid for property offered for sale by authority of public servant. 219. Obstructing public servant in discharge of public functions. 220. Omission to assist public servant when bound by law to give assistance. 221. Disobedience to order duly promulgated by public servant. 222. Threat of injury to public servant. 223. Threat of injury to induce person to refrain from applying for protection to public servant. 224. Attempt to commit suicide to compel or restraint exercise of lawful power.       CHAPTER XIV - OF FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE 225. Giving false evidence. 226. Fabricating false evidence. 227. Punishment for false evidence. 228. Giving or fabricating false evidence with intent to procure conviction of capital offence. 229. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. 230. Threatening any person to give false evidence. 231. Using evidence known to be false. 232. Issuing or signing false certificate. 233. Using as true a certificate known to be false. 234. False statement made in declaration which is by law receivable as evidence. 235. Using as true such declaration knowing it to be false. 236. Causing disappearance of evidence of offence, or giving false information to screen offender. 237. Intentional omission to give information of offence by person bound to inform. 238. Giving false information respecting an offence committed. 239. Destruction of document to prevent its production as evidence. 240. False personation for purpose of act or proceeding in suit or prosecution. 241. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. 242. Fraudulent claim to property to prevent its seizure as forfeited or in execution. 243. Fraudulently suffering decree for sum not due. 244. Dishonestly making false claim in Court. 245. Fraudulently obtaining decree for sum not due. 246. False charge of offence made with intent to injure. 247. Harbouring offender. 248. Taking gift, etc., to screen an offender from punishment. 249. Offering gift or restoration of property in consideration of screening offender. 250. Taking gift to help to recover stolen property, etc. 251. Harbouring offender who has escaped from custody or whose apprehension has been ordered. 252. Penalty for harbouring robbers or dacoits. 253. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. 254. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture. 255. Public servant in judicial proceeding corruptly making report, etc., contrary to law. 256. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law. 257. Intentional omission to apprehend on the part of public servant bound to apprehend. 258. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed. 259. Escape from confinement or custody negligently suffered by public servant. 260. Resistance or obstruction by a person to his lawful apprehension. 261. Resistance or obstruction to lawful apprehension of another person. 262. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for. 263. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for. 264. Violation of condition of remission of punishment. 265. Intentional insult or interruption to public servant sitting in judicial proceeding. 266. Personation of an assessor. 267. Failure by person released on bail or bond to appear in court.     CHAPTER XV -OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS 268. Public nuisance. 269. Negligent act likely to spread infection of disease dangerous to life. 270. Malignant act likely to spread infection of disease dangerous to life. 271. Disobedience to quarantine rule. 272. Adulteration of food or drink intended for sale. 273. Sale of noxious food or drink. 274. Adulteration of drugs. 275. Sale of adulterated drugs. 276. Sale of drug as a different drug or preparation. 277. Fouling water of public spring or reservoir. 278. Making atmosphere noxious to health. 279. Rash driving or riding on a public way. 280. Rash navigation of vessel. 281. Exhibition of false light, mark or buoy. 282. Conveying person by water for hire in unsafe or overloaded vessel. 283. Danger or obstruction in public way or line of navigation. 284. Negligent conduct with respect to poisonous substance. 285. Negligent conduct with respect to fire or combustible matter. 286. Negligent conduct with respect to explosive substance. 287. Negligent conduct with respect to machinery. 288. Negligent conduct with respect to pulling down, repairing or constructing buildingsetc. 289. Negligent conduct with respect to animal. 290. Punishment for public nuisance in cases not otherwise provided for. 291. Continuance of nuisance after injunction to discontinue. 292. Sale, etc., of obscene books, etc. 293. Sale, etc., of obscene objects to child. 294. Obscene acts and songs. 295. Keeping lottery office.     CHAPTER XVI- OF OFFENCES RELATING TO RELIGION 296. Injuring or defiling place of worship, with intent to insult the religion of any class. 297. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. 298. Disturbing religious assembly. 299. Trespassing on burial places, etc. 300. Uttering words, etc., with deliberate intent to wound religious feelings.       CHAPTER XVII-OF OFFENCES AGAINST PROPERTY 301. Theft. 302. Snatching. 303. Theft in a dwelling house, or means of transportation or place of worship, etc. 304. Theft by clerk or servant of property in possession of master. 305. Theft after preparation made for causing death, hurt or restraint in order to the committing of theft. Of extortion 306. Extortion. Of Robbery and Dacoity 307. Robbery. 308. Dacoity. 309. Robbery, or dacoity, with attempt to cause death or grievous hurt. 310. Attempt to commit robbery or dacoity when armed with deadly weapon. 311. Punishment for belonging to gang of robbers, dacoits, etc.     Of Criminal Misappropriation of Property 312. Dishonest misappropriation of property. 313. Dishonest misappropriation of property possessed by deceased person at the time of his death. Of Criminal Breach of Trust 314. Criminal breach of trust. Of the Receiving of Stolen Property 315. Stolen property. Of Cheating 316. Cheating. 317. Cheating by personation. Of Fraudulent Deeds and Dispositions of Property 318. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. 319. Dishonestly or fraudulently preventing debt being available for creditors. 320. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. 321. Dishonest or fraudulent removal or concealment of property. Of Mischief 322. Mischief. 323. Mischief by killing or maiming animal. 324. Mischief by injury, inundation, fire or explosive substance, etc. 325. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden. 326. Punishment for intentionally running vessel aground or ashore with intent tocommit theft, etc. Of Criminal Trespass 327. Criminal trespass and house-trespass. 328. House-trespass and house-breaking. 329. Punishment for house-trespass or house breaking. 330. House-trespass in order to commit offence. 331. House-trespass after preparation for hurt, assault or wrongful restraint. 332. Dishonestly breaking open receptacle containing property.     CHAPTER XVIII-OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS 333. Making a false document. 334. Forgery 335. Forgery of record of Court or of public register, etc. 336. Forgery of valuable security, will, etc. 337. Having possession of document described in section 335 or 336, knowing it to be forged and intending to use it as genuine. 338. Forged document or electronic record and using it as genuine. 339. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 336. 340. Counterfeiting device or mark used for authenticating documents described in section 336, or possessing counterfeit marked material. 341. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. 342. Falsification of accounts.   Of Property Marks 343. Property mark. 344. Tampering with property mark with intent to cause injury. 345. Counterfeiting a property mark. 346. Making or possession of any instrument for counterfeiting a property mark. 347. Selling goods marked with a counterfeit property mark. 348. Making a false mark upon any receptacle containing goods.     CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC. 349. Criminal intimidation. 350. Intentional insult with intent to provoke breach of peace. 351. Statements conducing to public mischief. 352. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure. 353. Misconduct in public by a drunken person. Of Defamation 354. Defamation. Of breach of contract to attend on and supply wants of helpless person. 355. Breach of contract to attend on and supply wants of helpless person. 356. Repeal and savings.   COMPARISON BETWEEN IPC SECTIONS AND BNS CLAUSES Explore the key sections of the Bharatiya Nyaya Sanhita (BNS) 2023, a modern replacement for the Indian Penal Code, detailing updated provisions on crimes against the state, human body, property, and cyber offenses, reflecting contemporary societal needs and challenges. 25 December 2023 On 21 December 2023, the Bharatiya Nyaya (Second) Sanhita bill, 2023 was passed in Rajya Sabha. On 25 December 2023, the Bharatiya Nyaya (Second) Sanhita Bill, 2023 received the assent of the President of India. THE BHARATIYA NYAYA SANHITA- 2023

The following Act of Parliament received the assent of the President on the 25th December, 2023 and is hereby published for general information: COMPARISON SUMMARY OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023, (BSA) and THE INDIAN EVIDENCE ACT, 1872, (IEA) THE BHARATIYA SAKSHYA ADHINIYAM, 2023

THE INDIAN AIRCRAFT ACT, 1934 www.lawtool.net Act No.22 OF 1934 [AS ON 1955] An Act to make better provision for the control of the manufacture, possession, use, operation, sale,  import and export of aircraft. [19th August, 1934.] Contents WHEREAS it is expedient to make better provision for the control the manufacture, possession, use, operation, sale, import and export aircraft It is hereby enacted as follows:--- 1.Short title and extent:- (1)   This Act may be called the Indian Aircraft Act, 1934. {Subs.by the A.O.1950, for the former sub-section (2).} [(2) It extends to the whole of India {The words "except the State of Hyderabad" rep.by Act 3 of 1951, s.3 and Sch} and applies also--- (a)  to citizens of India wherever they may be; and (b)  to, and to the persons on, aircraft registered in India whever they may be.] 2.Definitiones:- In this Act, unless there is anything repugnant in the subject or context,--- (1)  "aircraft" means any machine which can derive support in the atmosphere from reactions of the air, and includes balloons whether fixed or free, airships, kites, gliders and flying machines ; (2)  "aerodrome" means any definite or limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels, piers, and other structures thereon or appertaining thereto; (3)  "import" means bringing into {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India] ; and (4)  "export" means taking out of {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India]. 3.Power of Central Government to exempt certain aircraft:-- The Central Government may, by notification in the Official Gazette, exempt from {Subs.by s.3 of Act 37 of 1939, for the words "the provisions of this Act and of the rules made thereunder, or from any of such provisions".} 4.Power of Central Government to make rules to implement the Convention of 1919:- The Central Government may, by notification in the Official Gazette, make such rules as appear to it to be necessary for carrying out the Convention relating to the regulation of Aerial Navigation signed at Paris, October 13, 1919, with Additional Protocol, signed at Paris, May 1, 1920, and any amendment which may be made thereto under the provisions of Article 34 thereof. 5.Power of Central Government to make rules:- (1)  The Central Government may, by notification in the Official Gazette, make rules {See the Indian Aircraft Rules, 1937, published in the Gazette of India, 1937, Pt.1, pp.633 to 719.} regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft. (2)  Without prejudice to the generality of the foregoing power, such rules may provide for--- (a)  The authorities by which any of the powers conferred by or under this Act are to be exercised; {Ins.by Act 5 of 1944, s.2.} [(aa) the regulation of air transport services, and the prohibition of the use of aircraft in such services except under the authority of and in accordance with a licence authorising the establishment of the service; (ab)  the information to be furnished by an applicant for, or the holder of, a licence authorising the establishment of an air transport service to such authorities as may be specified in the rules ;] (b)  the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained and the fees which may be charged thereat, and the prohibition or regulation of the use of unlicensed aerodromes; (c)  the inspection and control of the manufacture, repair and maintenance of aircraft and of places where aircraft are being manufactured, repaired or kept; (d)  the registration and marking of aircraft ; (e)  the conditions under which aircraft may be flown, or may carry passengers, mails or goods; or may be used for industrial purposes and the certificates, licences or documents to be carried by aircraft; (f)  the inspection of aircraft for the purpose of enforcing the provisions of this Act and the rules thereunder, and the facilities to be provided for such inspection ; (g)  the licensing of persons employed in the operation, meanufacture, repair or maintenance of aircraft ; (h)  the air-routes by which and the conditions under which aircraft may enter or leave {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India], or may fly over {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India], and the places at which aircraft shall land; (I)  the prohibition of flight by aircaft over any specified area, either absolutely or at specified times or subject to specified conditions  and exceptions ; (J)  the supply, supervision and control of air-route beacons, aerodrome lights, and lights at or in the nighbourhood of aerodrome lights, and lights at or in the neighbourhood of aerodromes or on or in the neighbourhood of airroutes; {Ins.by Act 37 of 1939, s.4.} [(jj)  the installation and maintenance of lights on private property in the neighbourhood of aerodromes or on or in the neighbourhood of air-routes, by the owners or occupiers of such property, the payment by the Central Government for such installation and maintenance, and the supervision and control of such installation and maintenance, including the right of access to the property for such purpose;] (k)  the signals to be used for purposes of communication by or to aircraft and the apparatus to be employed in signalling; (l)  the prohibition and regulation of the carriage in aircraft of any specified article or substance; (m)  the measures to be taken and the equipment to be carried for the purpose of ensuring the safety of life; (n)  the issue and maintenance of log-books; (o)  the manner and conditions of the issue or renewal of any licence or certificate under the Act or the rules, the examinations and tests to be undergone in connection therewith, the form, custody, production, endorsement, cancellation, suspension or surrender of such licence or certificate, or of any log-book; (p)  the fees to be charged in connection with any inspection, examination, test, certificate or licence, made, issued or renewed under this Act; (q)  the recognition for the purposes of this Act of licences anad certificates issued elsewhere than in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India] relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft; an  ®  any matter subsidiary or incidental to the matters referred to in this sub-section. {Ins.by Act 5 of 1944, s.3.} [ (3)  Every rule made under this section shall be laid as soon as may be after it is made before {The words "each of the Chambers of" rep.by the A.O.1948.} {Subs.by the A.O.1950, for "the Central Legislature".} [Parliament], while it is in session, for a total period of one months which may be comprised in one session or in two or more sessions, and it before the expiry of that period, {Subs.by the A.O.1948}[{Subs.by the A.O.1950, for "that Legislature".} [Parliament] makes and modifications in the rule or directs] that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be.] 6.Power of Central Government to make orders in emergency:- (1) If the Central Government is of opinion that in the interests of the public safety or tranquallity the issue of all or any of the following orders is expedient, it may, by notification in the Official Gazette,--- (a)  cancel or suspend, either absolutely or subject to such conditions as it may think fit to specify in the order, all or any licences or certificates issued under this Act; (b)  prohibit, either absolutely or subject to such conditions as it may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft over the whole or any portion of {Subs.by Act 24 of 1948, s.3, for "the Provinces".}[India] ; (c)  prohibit, either absolutely or conditionally, or regulate the erection, maintenance or use of any aerodrome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, or any class or description thereof; and (d)  direct that any aircraft or class of aircraft or any aero drome, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant, material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered, either forthwith or within a specified time, to such authority and in such manner as it may specify in the order, to be at the disposal of Government for the public service. (2)  Any person who suffers direct injury or loss by reason of any order made under clause (c) or clause (d) of sub-section (1) shall be paid such  compensation as may be determined by such authority as the Central Government may appoint in this behalf. (3)  The Central Government may authorise such steps to be taken to secure compliance with any order made under sub-section (1) as appear to it to be necessary. (4)  Whoever knowin  gly disobeys, or fails to comply with, or does any act in contravention of, an order made under sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and the Court by which he is convicted may direct that the aircraft or thing (if any) in respect of which the offence has been committed, or any part of such thing, shall be forfeited to Government. 7.Power of Central Government to make rules for investigation of accidents:- (1)  The Central Government may, by notification in the Official Gazette, make rules {See Pt.X of the Indian Aircraft Rules, 1937, published in the Gazette of India, 1937, Pt.I, pp.66 to 665.} providing for the investigation of any accident arising out of or in the course of {Subs.by Act 37 of 1939, s.5, for "air navigation in or over British India".}[the navigation--- (a)  in or over {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India] of any aircraft, or (b)  anywhere of aircraft registered in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".} [India]]. (2)  Without prejudice to the generality of the foregoing power, such rules may---- (a)  require notice to be given of any accident in such manner and by such person as may be prescribed; (b)  apply for the puroses of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents; (c)  prohibit pending investigation access to or interference with aircraft to which an accident has occurred, and authorise any person so far as may be necessary for the purposes of an investigation to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; and (d)  authorise or require the cancellation, suspension, endorsement or surrender of any licence or certificate granted or recognised under this Act when it appears on an investigation that the licence ought to be so deal with, and provide for the production of any such licence for such purpose. 8.Power to detain aircraft :- (1)  Any authority authorised in this behalf by the Central Government may detain any aircraft, if in the opinion of such authority--- (a)  having regard to be nature of a intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other persons or property; or (b)  such detention is necessary to secure compliance with any of the provisions of this Act or the rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule made under clause (h) or clause (I) of sub-section (2) of section 5. (2)  The Central Government may, by notification in the Official Gazette, make rules {See for instance, rule 18 of the Indian Aircraft Rules, 1937 (Gazette of India, 1937, Pt.1.p.640}.regulating all matters incidental or subsidiary to the exercise of this power {Ins.by Act 7 of 1936, s.2.}[ 8A.      Power of Central Government to make rules for protecting the public health :- The Central Government may, by notification in the Official Gazette, make rules {For the Indian Aircraft (Public Health) Rules, 1946, see Gazette of India, Extraordinary, 1946, p.775} for the prevention of danger arising to the public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or any specified aerodrome, ules providing for any of the matters for which rules under sub-clauses (I) to (viii) of clause (p)  of sub-section (1) of section 6 of the Indian Ports Act, 1908, may be made with respect to vessels and ports.] {Ins.by Act 22 of 1938.}[ 8B.  Emergency powers for protecting the public health :- (1)  If the Central Government is satisfied that India or any part thereof is visited by or threatened with an outnbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to the public health through the introduction or spread of the disease by the agency of aircraft, the Central Government may take such measures as it deems necessary to prevent such danger. (2)  In any such case the Central Government may, without projudice to the powers conferred by section 8A, by notification in the Official Gazette, make such temporary rules with respect to aircraft and persons travelling or things carrried therein and aerodromes as it deems necessary in the circumstances. (3)  Notwithstanding anything contained in section 14, the power to make rules under sub-section (2) shall not be subject to the condition of the rules being made after previous publication, but such rules shall not remain in force in more than three months from the date of notification: Provided that the Central Government may be special order continue them in force for a further period or periods of not more than three months in all.] 9.Wreck and salvage:- (1)  The provisions of Part VII of the Indian Merchant Shipping Act, 1923, relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal waters as they apply to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft in like manner as the owner of a ship. (2)  The Central Government may, by notification in the Official Gazette, make such modifications of the said provisions in their application to aircraft as appear necessary or expedient. 10.Penalty for act in contravention of rule made under this Act:- In making any rule under section 5, section 7, {Subs.by Act 7 of 1936, s.3, for "or section 8".}[section 8 {Subs.by Act 22 of 1938, s.3, for "or section 8 A".} [section 8A or section 8B]] the Central Government may direct that a breach of it shall be punishable with imprisonment for any term not exceeding three months, or with fine of any amount not exceeding one thousand rupees or with both. 11.Penalty for flying so as to cause danger :- Whoever wilfully flies any aircraft in such a manner as to cause danger to any persn or to any property on land or water or in the air shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with bot 12.Penalty for abetment of offences and attempted offences :- Whoever abets the commission of any offence under this Act or the rules, or attempts to commit such offence, and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the offence. 13.Power of Court to order forfeiture :- Where any person is convicted of an offence punishable under any rule made udner clause (I) or clause (1) of sub-section (2) of section 5, the Court by which he is convicted may direct that the aircraft or article or substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to Government. 14.Rules to be made after publication :- Any power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication for a period of not leass than three months. 15.Use of patented invention on aircraft not required in India:-  The provisions of section 42 of the Indian Patents and Designs Act, 1911, shall apply to the use of an invention on any aircraft not registered in {Subs.by Act 24 of 1948, s.3, for the words "the Provinces".}[India] in like manner as they apply to the use of an invention in a foreign vessel. 16.Power to apply customs procedure:- The Central Government may, by notification in the Official Gazette, declare that any or all of the provisions of the Sea Customs Act, 1878, shall, with such modifications and adaptations as may be specified in the notification, apply to the import and export of goods by air. 17.Bar of certain suits:-  No suit shall be brought in any Civil Court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather and all the circumstances of the case is reasonable or by reason only of the ordinary incidents of such flight. 18.Saving for acts done in good faith under the Act:- No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act. 19.Saving of application of Act:- (1) Nothing in this Act or in any order or rule made there-under shall apply to or in respect of any aircraft belonging to or exclusively employed in {Subs.by the A.O.1950, for "His Majesty's naval, military or air forces".}[the naval, military or air forces of the Union], or to any person in such forces employed in connection with such aircraft. (2)  Nothing in this Act or in any order or rule made thereunder shall apply to or in respect of any lighthouse to which the Indian Lighthouse Act, 1927, applies or prejudice or affect any right or power exercisable by any authority under that Act. 20.  [Repeals.] Rep.by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.

Nouns • Common Nouns • Proper Nouns • Singular Nouns • Plural Nouns • Collective Nouns • Masculine and Feminine Nouns Nouns Nouns can be singular or plural. When you are talking about one person, animal, place, or thing, use a singular noun Word File These are also singular nouns: an airplane a refrigerator a comb a slide a girl a swing a key a van an owl a letter a bicycle a map a boy a photograph a bus Use a or an before singular nouns. Use an before words beginning with vowels (a, e, i, o, u). For example, say: an axe an igloo an egg an orange an envelope an umbrella an ice cream an uncle But some words don’t follow this rule. For example, use a (not an) before these words that begin with u: a uniform a university Use a before words beginning with the other letters of the alphabet, called consonants. For example, say: a basket a rainbow a bowl a monster a car a pillow a hill a watch a house a zoo But some words don’t follow this rule. For example, use an (not a) before these words that begin with h: an heir an honor an hour Proper nouns are names for particular people, places or things. They always begin with a capital letter. Word File Here are some more names of people: Ali Baba Florence Nightingale Derek Jeter Pauline Johnny Depp Patrick Harry Potter Pinocchio Robin Hood Reflexive Pronouns The words myself, yourself, himself, herself, itself, ourselves, yourselves and themselves are called reflexive pronouns. They refer to the person or animal that is the subject of the verb. I made this cake myself. Be careful with the knife. You’ll cut yourself. Michael is looking at himself in the mirror. Susan has hurt herself. Our cat washes itself after each meal. We organized the party all by ourselves. Come in, children, and find yourselves a seat. Baby birds are too young to look after themselves. Interrogative Pronouns The words who, whom, whose, what and which are called interrogative pronouns. These pronouns are used to ask questions. Who Who is he talking to? Who are those people? Which Which of these bags is yours? Which do you prefer? Whom Whom are you playing with? Whom is he talking to? Whose Whose is this umbrella? Whose are these gloves? WHAT What is your dog’s name? What are you talking about? What is the time? Grammer Help Who can be used as the object of a verb as well as the subject. Whom is used only as the object. For example,you can say: Who are you playing with? Whom are you playing with? Demonstrative Pronouns The words this, these, that and those are called demonstrative pronouns. They are showing words This is my house. This is a hill. These are donkeys. What is this? Did you drop this? Hi, Jane! This is Michael! You use this and these when you point to things near you. You use that and those when you point to things farther away. Demonstrative pronouns can be singular or plural:

What is Grammar? www,lawtool.net TOPIC What is Grammar? The Capital Letter What is Grammar? Here’s an old children’s rhyme about the eight parts of speech of English grammar. It gives you an idea of what grammar is about. Read and remember it. Every name is called a noun, As field and fountain, street and town. In place of a noun, the pronoun stands, As he and she can clap their hands. The adjective describes a thing, As a magic wand or bridal ring. Most verbs mean action, something is done, Verb Adjective Preposition To read and write, to jump and run. How things are done the adverbs tell, As quickly, slowly, badly, well. The preposition shows relation, As in the street or at the station. Conjunctions join, in many ways, Sentences, words, or phrases and phrases. The Capital Letter The capital letter is also called a big letter or upper-case letter, or sometimes just a capital. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z When do you use a capital letter? Use a capital letter for the first letter in a sentence: The Capital Letter The dog is barking. Come here! Always use a capital letter for the word : Am eight years old. Rajesh and are good friends. Use a capital letter for the names of people: Sudhir, Rajesh, James, Kapil, Snow White Use a capital letter for the names of places: National Museum, Bronx Zoo, India, London, Sacramento Use a capital letter for festivals, holidays, days of the week, months of the year: New Year’s Day, Diwali, Christmas, Labor Day, Mother’s Day, Sunday, Monday, Friday, January, May, July, October

KENNY'S CRIMINAL LAW DEFINITION OF CRIMES The definition of crime has always been regarded as a matter of great difficulty. No satisfactory definition has been achieved as yet in English law. Tort and crime are a viscous inter-mixture. There is not much difference between them. A crime is against the society and a tort is against an individual. But, the society is composed of individuals. The difference is one of degree.'Felony' indicated something cruel, fierce or wicked The word "Crime" was used in the 14th century. Any conduct which was destructive according to a powerful section of any community was a crime. The sovereign power of the state would command to punish such crimes. The procedures taken by the courts, was the "criminal proceeding".In Rome, the sovereign power was with the senate. In the first stage, there was no police organisation. It was left to the individuals to punish: for example a traitor could be killed by any person and there was no punishment to him.Emperor Cladius, changed the marriage law as so to enable him to marry his brother's daughter Agrippina. This is an extreme case, but. a 'dictator could alter the law according to his whimsies and fancies. In later years, the law making, came under the influence of public opinion.Crime, is the creation of Govt. policy, according to Kenny. Crimes, originate in the Govt. policy of the moment. The governing power in society, forbids a man from doing certain acts, called crimes. Of course, subsequent governments may change them. As long as this changing pattern continues, the nature of crime, eludes a true definition. However, according to Kenny, there are three characteristics in a crime. i) It is a harm caused by human conduct, which the sovereign desires to prevent. ii) The preventive measure is threat of punishment. iii) Legal procedures are employed to prove the guilt according to law. PRINCIPLES OF CRIMINAL LIABILITY Much of English criminal law is not contained in any code (in India there is the l.P.C.) hut it is a conglomerate mass of rules based on common law, and in addition there are a few enactments made by Parliament from time to time.It was Chief Justice Coke who stated the rule "Actus non facit reum nisi mens sit rea" (the act and the intent must both concur to constitute crime). This famous maxim refers to man's deed (actus) and his mental processes (mens) at the time of the commission of the offense. This means the conduct of the person must have been inspired and actuated by his mens rea.In Meli and others V.R.. the facts were, that M and others took D to a hut at night, gave him beer, and, beat him on his head with intent to kill him. Thinking him to be dead, they carried the body out and rolled it down a hill. Medical evidence showed, that death was due to exposure to the cold as he was lying unconscious, and not due to the beating. Defense was as follows : The first part was the beating with intent to kill M ; but, this beating did not cause the death, hence, there was no actus reus of murder. Once, they believed that he was dead, their intention to kill had ceased ; but, they desired to evade detection (malice afore thought) and hence, put him down the hill. Here, death was due to freezing, but, the Privy Council rejected this and held that it was one transaction and therefore, it was murder. Actus reus : This is the deed or the commission. It is the material result of the conduct of the accused, which the law wants to prevent. In case of murder, it is the victim's -death by any means that is the actus reus, but mens rea is the intention of the accused.The actus reus must have been prohibited to create criminal liability e.g.. harm to the person, destruction of property etc. It is therefore, clear that if killing is authorised e.g. death sentence, there is no murder. Causation : A man is said to have caused, the actus reus of killing a person, if death would not have occurred without the participation of the accused. (i) This participation may be direct i.e., when the accused A kills B (ii) It is indirect when he instigates another to kill. A secretly puts poison into a drink which A knows that B will offer to C. (iii) A crime may be committed without physical participation e.g. conspiracy, abetement etc. (iv) Mens rea in one and actus reus in another is possible. A keeps a goldsmith G, at the point of gun, takes him to a house where G is forced to open the lock which he does. A thereupon takes away the goods, here, G is kept in such a threat to his life that there is no 'mens rea' and hence not guilty. v) By intervention of a third person, a crime may be committed. !n R.C. Higgins, the warden of a jail was held not guilty for the death of the prisoner. The prisoner had been confined for 44 days in a dangerous room. The warden neither intended nor did he know about the confinement. But. such cases are to be decided with caution, according to Kenny E, an engineer, had left his place, by leaving an ignorant boy in charge of an 'engine. The boy failed to stop the engine properly, and. as a result of that, 'A' a worker died, held, E was liable, the engineer-should have contemplated such a possibility. vi) There are also cases where the victim's own conduct or contributory negligence would result in a crime. These are to be decided with sound reasons. This establishes the rule that both mens rea and actus reus must concur to constitute a crime. Objective and subjective standards : Mens rea as one of the elements to constitute crime, was recognised by the English courts by a slow process. In the beginning the courts applied as objective standard. The courts applied its own standard of what was right or wrong and tested whether the prisoner had acted obedient to it or not. The view of the prisoner was of no consequence. This theory was replaced by subjective standard doctrine. The court took into consideration the personality-mental and physical- of the prisoner. This led to the examination of his actual intention. This is the subjective test. For example, in cases of self-defence or misadventure, where the prisoner kills 'A' according to the objective standard the court would award him conviction, but would then be pardoned by the Crown. However with the subjective standard of looking to the 'mental element" the courts may acquit the prisoner on grounds of private defence etc. Conclusions : For application of the concept of actus non tacit reum, nisi mens sit rea, at common law in England the conditions are summarised, by Kenny, as follows : 1. The person (prisoner) must be of full age, of male sex, of sound mind and living within the jurisdiction of the English courts. 2. he must have committed the offence within the courts jurisdiction. Further, there must be "actus reus", that his conduct must be voluntary and that he foresaw some consequences, the nature of these is fixed by law. Mens Rea in statutory offences : The old view was that the legislature should not override common law. This has long been abandoned. In modern law the statute made by the Parliament is paramount. Hence, in interpreting the statute there is a presumption that mens rea is part of the offence. This is a weak presumption and may be rebutted by the statute itself.After the 19th century, there was a marked move by the Parliament in regulating social life by creating offenses with light punishment. The courts became inclined to solely interpret the words of the statute, than imposing 'mens rea. The leading case is R.V. Prince : P had taken a girl, out of the possession and against the will of the parents. The girl was in fact below 16, but P contended that she looked to be above 16 and hence, there was no offence. The courts held him guilty. No reference was made to mens rea. Though this was the trend set by the courts, still there are in- stances where courts have in suitable cases insisted on proving mens rea, on the basis of tr^e protection of the liberty of the individual. In recent years, in respect of many of the offences created by legislation, the courts have considered them as exceptions to the rule of mens rea. In some, mens rea is held as part of the offence. In Kat V Diment, the prisoner was convicted for having used false trade description, of "non-brewed vinegar'. It was held that when a statute forbids the doing of an act, doing of it, itself supplies mens rea. Conclusions : Kenny concludes that it was not possible to for- mulate any principle in statutory offences to say to what extent mens rea is a constituent. The statute itself is the guiding star. The ordinary rules of interpretation should be used. A statute may directly exclude mens rea. R.V. Tolson : W, married H, with the reasonable belief that her first husband was dead, as he was not heard of for 7 years. There was no reference to mens rea in the statute. Held, that mens rea is excluded in the statute. W was held not liable as she had a reasonable belief that her first husband was dead. The modern trend is to exclude mens rea from statutory offences. Mala in se and Mala prohibita : The subjective standard doctrine of mens rea led to a fallacious classification of crimes in England. Some were serious and gave rise to deep moral reprobation. Such offences were mala in se (bad in themselves) e.g. Homicide, adultery, bigamy, slave trading, offences against God and nature etc. (Blackstone).Other offences "mala prohibita" (prohibited acts) were breaches of laws which imposed duties without involving moral guilt. Eg. : Not performing work on public roads. This classification has no relevance today. Mens rea and I. P. C. In India, the concept is not applicable. The difficulty felt in England, in interpreting mens rea, is obviated by the I.P.C. and by Indian statutes. This is done by defining exactly, the nature of the mental element of the accused.The various offences in the I.P.C., require that the act (actus reus) must have been done with the mental element: "dishonestly", fraudulently", "knowingly", "intentionally", "with intent to" etc. With this description the concept of mens rea has been excluded from the definitions of offences. Hence, it has no relevance to Indian Criminal Law. VARIATIONS IN LIABILITY Mistake as a defence at common law : Kenny puts three special circumstances in which the criminal guilt is lessened or entirely excluded. These are "mistake", "intoxication" and "compulsion"'.If mistake is to be considered as a good defense, three conditions are to be fulfilled. a) The mistake must be of such a nature that, if the supposed circumstances were real, there would not have been any criminal liability attached to the accused. Mistake negatives mens rea and hence, the accused is not guilty. It does not negative actus reus. Accordingly to Foster, in a case, 'A' before going to the church, fired off his gun and left it empty. In his absence, some person took the gun, went out for shooting and on returning left it loaded, later A returned, took up the gun and touched the trigger, which went off and killed his wife. A had reasonable grounds to believe that the gun was not loaded. Hence, he would not be guilty of murder. b) The mistake must be reasonable. This is a matter of evidence. But, this is to be established to the satisfaction of the Court ,A, in order to free his wife from a demon which had possessed her, held her over fire and with a red hot poker, which scared her. The wife died in consequence. A had reasonably believed that he would free her from the devil, with his actus reus. Held, A was guilty of murder. c) Mistake however reasonable must relate to matters of fact. The rule isignorantia facti excusat : Ignorance of fact excuses ignorantia juris non excusat. Ignorance of law is no excuse. An Italian who kept a lottery house in England was held guilty. His plea that in Italy the act was legal and that he had mistaken notion of English law, was rejected by the court. In India, Sns. 76 and 79 deal with mistake of fact and mistake of law (Refer Chapter 2,). Intoxication : The old law in England, dealt with intoxication as one which aggravated the crime and hence, punishable. But, in the present day, the effect of intoxication is considered as similar to illness produced by poison etc. Hence, actual insanity, produced by drinking as in "delirium tremens", is a defence. This should be established as a fact. If the intoxication, is caused by a companion and not voluntarily by the accused himself, then the accused is exempted. However, it is to be established before the court that the accused was incapable of knowing the nature of his act. Relevance : Drunkenness may be relevant : i) to establish a mistake ii) to show the absence of intention or specific intention iii) to show this as part of an offence e.g. drunken person in charge of child of seven years, or drunken driver causing an accident etc. iv) to show that it has happened in provocation.A in a fit of passion, is provoked and kills B, who was responsible for the provocation. In some circumstances, this is culpable homicide and not murder. The general rule is that intoxication is not a defence but may be relevant as stated above. The position in India is stated in Sn. 85. I.P.C. (See ch. 2.2.) Insanity Insanity of a particular and appropriate kind is regarded as a good defense in English law. Medical profession has classified these mental variations. The leading case is R.V. Mcnaghten. One M had killed Mr. Drummond the private secretary of Sir Robert Peel. But, in reality by mistake, he had killed not the real Mr. Drummond. Insanity was the ground of defence. He was acquitted on this ground. This caused great resentment and the House of Lords stated certain principles as guidelines. i) Every person is sane, until proved otherwise. ii) At the time of committing the offence, the accused must be labouring from a disease of mind to lose his reason and to know whether what he was doing was wrong or not. iii) If he was conscious that the act was one which he ought not to do, he is punishable. iv) the nature of the delusion decides the question. The actus reus must have been actuated by delusion directly.The burden of proof is on the accused to prove his insanity India : Sn. 84,1.P.C. insanity as a defence.If the offence is done by a person, who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or knowing the nature of what he was doing was wrong or illegal, he is not guilty of the offence. In Sakaram Ramji's case, the accused was a habitual ganja smoker. He quarreled with his wife and killed her and the children. The plea that he had a diseased state of mind due to Ganja, and that he was incapable of knowing what he was doing, was rejected by the court .Held Guilty of murder. PRELIMINARY CRIMES Attempt : This is the most common of the preliminary crimes. It consists of the steps taken by the accused in furtherance of doing an offence, i.e.. The long chain of steps taken to reach a stage to constitute the crime of attempt. This chain is the actus reus".To constitute attempt, there must be mens rea and actus reus at common law, The actus reus consists of the deed done in actual furtherance of the crime intended. This must show that the accused was aiming at a crime. This means, he must have taken some steps to do the crime or to attain his ultimate objective. The leading case is R.V. Robinson. Robinson, a jeweler, had insured his stocks. One day he bound himself up with a cord and called out for help. The police came on the scene. R told the police, that a stranger had come and tied him up and emptied the jewels. The cash- box was open and empty. Later the police suspected the story, and made a search and found the jewels under a safe. He was charged for attempt to obtain money from the insurance company, by false pretenses.Held, not guilty. Kenny makes a clear analysis of this case. R is not guilty because, the attempt had not yet reached that stage to charge him. The actus reus was not there. If he had made attempts to claim from insurance company, then of course there would have been an attempt. However, in this case there was no attempt, and hence, not guilty.Completed act: When the attempt is completed it results in an offense and the attempt -disappears. The accused becomes liable for the completed offence.India : Sn. 511 of the I.P.C. deals with "attempt" as a stage in an offence. PARTIES TO A CRIME Crimes, in England, are grouped into 3 classes. Treasons, felonies, and misdemeanor. The gravest is treason, and the least of this crime is misdemeanours. Any participation of the accused makes him guilty as a principal in both these offences.But the rules of common law relating to felonies are complicated and the gradation of participation is to be decided to award punishment. For this purpose, Kenny has divided the parties into two groups : principles of the I degree and of the II degree and Accessories before and Accessories after the fact. i) Principals in the first degree : He is the actual offender and the man with the guilty mind. The actus reus is done by him generally. In some cases, the deed may be done through an innocent person. The man who instigates is the real offender. Thus, if a doctor tells the nurse to administer a dose of medicine made by him, and if the patient dies in consequence of the dose, the doctor is the principal of the first degree. There may be two or more persons in the first degree. If a night watchman opens the main entrance of his masters house and allows the accused to enter and steal the goods thereof, both are principals of the first degree. Similarly, when A holds the tongue of C and B cuts it off resulting in the death of C, both A and B are principals in the first degree, ii) Principal in the second degree: These are the persons who aid and abet another in the commission of the crime. At common law, these were punishable equally with the principal in the first degree, but, this was later changed by the Accessories and Abettors Act 1861. The second degree man, is one who aids and abets at the very time when the offence is committed, e.g. A person who, aids in possessing explosives, a receiver of stolen property from the thief; person keeping watch and ward when the crime is going on inside the house, etc. Mere presence, will not make a person, an abettor. There must be evidence to show his participation. iii) Accessories before the fact : An accessory is a person who is absent at the time of the com- mission of the felony, buy commends, procures, or abets a felony. R. V. Saunders : in this case, S desired to kill his wife so that he could marry M. He consulted Archer, who advised him to put poison to apple. S did so. the wife after eating a bit of the apple, gave to her female child which ate and died in consequence.Held, Saundes was guilty of murder. The court held that Archer could not be held to be guilty as accessory to kill the child since his aid and advice was to kill the wife and not the child.The principal, in criminal law is different from the principal in tort or contract A, lodge owner, directs M, a maid servant to steal jewels from the inmate of his lodge and M steals them, the maid is the principal and the owner is the accessory before the fact. iv) Accessories after the fact: An accessory in this case is a person who gives shelter or relief in such a fashion as to avoid justice. He may conceal a murderer in his house- mens rea is to assist him. Hence, a person who harbours an offender is an accessory after the fact. But, a wife is exempted and incurs no criminal liability for giving shelter to her felonious husband. KENNY'S CRIMINAL LAW

History Mughals Sources of Information The Ain - i - Akbari of Abul Fazl is a mine, of information. Some information is given by the Dasnir - ul - Amals or official handbooks, which were prepared in the time of Shah Jahan and Aurangzeb. The Iqbal - Namah Jahangir by Muhammad Khan, the Badshah Namah of Abdul Hamid Lahori, the Tazuk - i - Jahangir, the Tabaqat - i Akbari of Nizam - ud - Din and Muntakhab - ul - Tawarikh of Badauni also give useful information. The writings of foreigners like Sir Thomas Roe, Bernier, Hawkins, Manucci, Terry, etc., also throw light on certain aspects of the Mughal Administration. Nature of Mughal Government The mughal administrative system was a military rule and was necessarily a centralised despotism. King was the head of the State . The Mughal Administration presented a combination of Indian and extra - Indian elements ; or , more correctly , it was the Perso - Arabic system in Indian setting . The Mughal Government was military in its origin and though in time it became rooted to the soil, it retained its military character to the last . All the civil servants were Mansabdars or members of the army .The land revenue system of the Mughals was based on the old Hindu system prevailing in the country . The old Hindu revenue officials were employed by the Mughal Government and ordinarily were not interfered with . In the Mughal period, the state was the largest manufacturer. The Emperor gave robes of honour or Khilats to his mansabdars. The Mughal Government was a highly centralized autocracy. The Crown was the pivot of the entire administrative machinery. The Mughal Government was called a Kaghzi Raj or paper government . A large number of books had to be maintained . The attitude of the Mughal Government towards law and justice was opposed to modern conceptions. It was the weakest in this matter. The Government did not perform its responsibility of maintaining peace and security in the rural areas. The judiciary was independent. The administration of Justice through Hindu Pundits and Qazis owed nothing to the king. Aurangzeb had the Muslim law codified for the guidance of his Qazis. Fatwa - i - Alamigri is a digest of Muslim Law . Position of Mughal Emperor The Mughal Emperor- was the head of the administration . Mughal Emperor was the ruler of the Muslims only . He was nominally responsible to the Muslim public or Jamait for his conduct as a king . There was no check on his powers , but in actual practice big autocracy was tempered by the fear of a rebellion . Customary law of the country also put a check . The Ulema had the power to depose a king , but their Fatwas were a mere- scrap of paper so long as the Mughal Emperor had a strong army at his disposal . There was no accepted law of succession among the Mughals . Mughal Emperor in India did not recognise any Khalifa . The Mughal emperor enjoyed many prerogatives . Jharokha - i - Dirshan was one of those prerogatives . This custom was started by Akbar but was stopped by Aurangzeb . Many people looked upon the sovereign as a partial incarnation of God . The Mughal kings worked very hard . They kept longer hours and enjoyed lesser holidays . The orders of the monarch were issued usually through Farmans . There were fivè kinds of seals which were used for different purposes . One seal was used for titles , high appointments , Jagirs and sanctions of large amounts . Second Another seal was used for letters to foreign kings . The third seal was used for judicial transactions . The fourth was used for all matters connected with the departments of the palace . The fifth seal was used for all other matters . The most important seal was the Uzuk seal and it was entrusted to the most dependable person . Some Emperors used to keep the seal with their Queens . In important Farmans , the mark of the royal hand was put at the bottom . The Mughal Emperor had no regular Council of Ministers . The Wazir and the Diwan were the richest persons below the Emperor , but the other officers were in no sense his colleagues . They were admittedly inferior to him and deserved rather to be called secretaties than minister . It was not necessary for the king to consult his ministers on all occasions . The Mughal Government was a one - man rule and Aurangzeb was his own Prime Minister . n The Mughal Emperor had to play double role . He had to govern al the people in is dominions as their king and also act as the missionary , defender and agent of the creed of a section of his subjects . The Ghuslkhana Ghuslkhana was a place of retirement for the King where importan business was transacted .It is only the highly placed officials who were allowed to come to this place. Permits regulated admission to Ghuslkhana . It was the duty of the Superintendent of Ghuslkhana to see the rules . If an official was guilty of an offence against decorum in Ghuslkhana , he was not allowed to leave till he paid the fine inflicted on him . Departments There were many departments of the Government , but the following were the most important : The Exchequer and Revenue under the High Diwan or Diwan - in Ala . The Imperial Household under the Khani - Saman or High Steward . The Military Pay and Accounts Office under the Imperial Bakshi . Canon Law , both Civil and Criminal , under the Chief Qazi . Religious endowments and charity under the Chief Sadar . Censorship of Public Morals under the Muhtasib . The Artillery under the Mir Atish or Darogha - i - Topkhana .. Intelligence and Posts under the Darogha of Dak . Chauki . Mint under a Darogha . The Vakil of the deceased. His other office of the Vakil seems to have the articles , making of when Akbar was a minor and Bairam Khan acted of an estimate Deputy . After tha, this office lost its importance . The Wazir or Diwan Wazir was the Prime Minister . He was the head of Reish Department . The Wazir was the highest official of the Revenu Department , but in course of time , he came to exercise control over other departments also . Wazir controlled the army , when the king was either incompetent , or a minor or a pleasure - seeker . The post of Wazir was a civil . In abnormal times he was expected to perform military duties . The office of the Wazir got revenue paper and returns and dispatches from the Provinces and the armies in the field . Payments orders had to be signed by him . All payments were made through his department only . Emperor pass orders under his direction . Revenue affairs are settled by him . He had two assistants known as the Diwan - i - Am or Diwan of Salaries and the Diwan - i - Khas or Diwan of the crown - lands. After the death of Aurangzeb. Wazir became virtually the ruler of the state . Mir Bakshi Bakshi was the Paymaster . Pay bills of all civil and military officers were scrutinised and passed by the Paymaster . He also recruited the soldiers . He keeps an account of the number of horses , maintained by the Mansabdars . He was called Imperial Paymaster ; he was responsible for disbursement of salaries and their expenditure when the army was actually fighting . Khan - i - Saman He was in charge of the Emperor's department of manufactures , stores and supply required for military and household purposes . He controlled the personal servants of the Emperor and was also in charge of the daily expenditure , food , stores , tents etc. of the Emperor .On account of the importance of the office , trust - worthy and influential men occupied it . He exercised great influence in certain cases the Khan - i - Saman also became like Wazir . Sadar - us - Sudur He was the Chief Sadar of the Empire . Person with superior character was selected . He was the connecting unit between the King and the people . Guardian of Islamic Law . Spokesman of the Ulema . It was his duty to look into and decide cases relating grants . He was the Almoner of the Emperor . He distributed the money for charitable purposes . There was a Sadar in every province . While sending the Provincial Sadars make familiar them with the names of those who held rent - free lands . Muhtasib He was the censor of public morals . It was his duty to enforce the commands of the Prophet and suppress all those practices , which were unIslamic . The punishment of heretical opinions , blasphemy against the Prophet and neglect of the five daily prayers and observance of Ramzan by Mohammadans also lay within the province of censor . In Aurangzeb reign , their duty is of demolishing newly temples . The Muhtasib was required to go through streets with soldiers and demolish and plunder liquor shops , distilleries and gambling dens . Qazi - ul - Quzat or Chief Qazi He was the highest judicial officer and responsible for administration of justice . He was the judge in religious suits . He appointed Qazis of the Cities , Districts and the provinces . The Muftis helped these Qazis . Diwan - i - Buyutat He registers the wealth and property of the deceased . He was required to calculate the amount due from the deceased to the state and deduct the same from his property .The balance was returned to the heirs of the deceased . His other duties were the fixation of the prices of the articles , making of provision for the royal Karkhanas and the preparation of an estimate of their output and expenditure . Superintendent of Artillery He was a subordinate of Mir Bakshi or Paymaster . The Mir Atish was required to make arrangements for the defence of the Imperial Palace Fort . Due to personal contact with Emperor got great influence . He was in charge of all kinds of artillery . Darogha - i - Dak Chauki He was Superintendent of Intelligence and Posts . He had his agents everywhere . Horses were stationed at various stages for the use of the messengers . He was in charge of news - writers and news carriers . He had to send weekly news . The Imperial Newswriter He was head of intelligence agency and responsible for gathering information from every part of the empire . He also got reports from the newswriters . Other important officials were the Mir - Bahri ( Revenue Secretary ) Mir Barr ( Superintendent of Forests ) Qur Begi ( Lord Standard Bearer ) Akht Begi ( Superintendent of the Royal Stud ) Mushrif ( Chief Admiral and officer of harbours ) Nazir - i - Buyutad ( Superintendent of Imperial workshops ) Mustaufi ( Auditor - General ) 8 ) Awarjah Nawis ( Superintendent of daily expenditure at courts ) Khwan Salar ( Superintendent - of Royal Kitchen ) and Mir Arz ( Officer who presented petitions to the Emperor ) Provincial Administration The Administrative agency in the Provinces of the Mughal Empire was an exact miniature of that of the Central Government . The number of provinces varied from time to time . 24 In the time of Akbar , their number was 15. In the time of jahangir , there were 17 provinces . The number increased to 22 in the time of Shahjahan . In the time of Aurangzeb , the number was 21 only . Subedar Head of the province was known as the Sahib - i - Subah , Subahdar or Nazim . The Diwan , Bakshi , Faujdar , Kotwal , Qazi , sadar , Amil , Bitikchi , Potdar or Khizandar , Waqa - i - Navis , Qanungo and Patwari , assisted him . Provinces were divided into Sarkars and Parganas . All the ad ministration of the province was centralised at the capital town . The Mughals were essentially an urban people and no wonder they neglected the villagers . The Subahdars ere transferred after intervals of two or three years . It was feared that if they continue to work at one place for a long time , they might abuse their powers or become independent . In spite of this , the governors were cruel and rapacious . Diwan Provincial Diwan was the second officer in the province . He was also the rival of the Subahdar . Both the Subahdar and Diwan were to act as a check on each other . The Imperial Diwan or Diwan - i - Ashraf selected the Provincial Diwan . It was his duty to carry out the orders of the Imperial Diwan and also to keep himself in touch with him . He was to collect revenue , try revenue cases and improve cultivation . He had control over the purse of the province and no payment could be made without his sanction . He was required to co - operate with the Subahdar in the administration of the province . If there was a difference opinion between the Subahdar and the Diwan , the matter was referred to the Emperor . Fauidar Faujdars were appointed to help the Subahdar . They helped the Subahdar to maintain law and order in the country and punish the rebellious zamindars . They were also to help the Amils in their work of revenue collection . They were put in charge of important sub - divisions of the province . Their appointment and dismissal was in the hands of the Subahdar . They were commanders of the provincial troops . Sadar His main duty was to supervise the Sayurghals or rent - free lands granted for religious and charitable purposes . He was more independent than the Diwan . Amil He was a man of piety and learning . He could grant lands and allowances on his own initiative . Qazis and Mir Adils worked under him . Amil was a revenue collector and had many duties to perform . He was required to deal very effectively with the rebellious Zamindars . It was his duty to see that the quality of land . He sees the work of measurement of land . He was to supervise the work of revenue collection . He was to examine the registers of the Karkuns , Muquddams and Patwaris . He was required to submit monthly reports . Bakshi He was the paymaster of , the provincial forces . He worked under Mir Bakshi . Bitikchi He acted as a check on the Amil and enjoyed the same status as that of the Amil . He prepared abstracts of revenue every season and was required to send an annual report . He supervises the work of Qanungos . He was required to be a good writer and a skilful accountant . He was also required to be a master of the customs and regulations of his district . Potdar or Khizandar His duty was to receive money from the cultivators and keep the same in the treasury . Whenever a payment was made to him , he issued receipts and kept their account . He was not to make any payment without a voucher signed by the Diwan . Kotwal Kotwal was a police officer of the town , but he enjoyed magisterial powers in certain cases . He was responsible for the maintenance of law and order in the city . He kept watch at night and patrolled the city . He kept a register of houses and frequented buildings . He examined weights and measures and discovered thieves . He made a list of property of those who had no heir and also of the dead and missing persons . He was to see that no woman was burnt against her . will . He was to employ spies from among the obscure residents and observe . the income and expenditure of the various classes . The Ain - i - Akbari describes his duties . He should use his discretion in the reduction of prices and not allow purchases to be made outside the city . Kotwal should check the number of persons in the prison and ascertain answers of the charges against them . Wagal - Navis He was the recorder of occurrences in the province . It was with the help of this person that the Central Government was kept in touch with the affairs of the provinces . Sarkars or Districts Every province was divided into many Sarkars or Districts . The Faujdar was in charge of the Sarkar . He was to carry out the orders of the Governor and also keep himself constantly in touch with them . Parganas or Mahals Every Sarkar was divided into many Parganas or Mahals . In every Pargana , there was a Shiqadar , an Amil , a Potdar and a few Shiqdar was in charge of the administration of the Pargana . His duty was to maintain law and order within his jurisdiction . The Kotwal was the chief administrator of a town . Every city was divided into many wards or mohallas . It has already been pointed out that neither the Provincial Government nor the Central Government interfered with the people living in villages . Every village was considered to be an autonomous commonwealth . Relations between Centre and Provinces Central Government exercised considerable control over the provinces . The various officials in a province were transferred from one province to another after certain intervals . The Mughal Emperors went on tours from time to time and the people could make their complaints in person . The system of Dak Chaukies was made more efficient and thereby the Mughal capital was linked up with various parts of the Mughal Empire . Military Organisation The armed forces were divided into five main divisions , viz . cavalry , elephantry , infantry , artillery and match - lockmen and naval or river craft . The cavalry has six , categories troops . (1) Contingents supplied by tributary Rajas . (2) the Mansabdari troops , which were subject to regulations regarding Dagh ( branding ) and Chera ( descriptive roll ) and muster . (3) the Ahadis were the personal contingents of the emperor and had a separate commandant their own . (4) the Barwardi were those skilled soldiers who could not maintain good horses . (5) the Dakhili whose horses were branded but who were not attached to any Mansabdar . (6) Kumakis were those auxiliaries whose services were temporarily lent to certain Mansabdars . The elephantry , there were seven categories of them . Their allowances varied according to their grade and quality . The infantry were divided into a number of classes . Some of them were mere camp followers and menial servants . Some of them were employed as grooms , sappers , tentmen , etc. There were also real fighters such as archers , musketeers , fencers , wrestlers , gladiators , etc. As regards the artillery , guns and cannon were of different sizes and mobility . Some guns were very heavy and some were very light . Elephants hauled up the Gajnals and light pieces of cannon were car ried on the backs of camels . The artillery was under the special command of the emperor . It was supplied to commanders as and when necessary . Some com manders had match lockmen under them . The Mughals had no navy . The Arab sailors carried on the overseas trade . The Mughal emperors were absolutely helpless against those who could work on the sea . There , was no division of the Mughal army into regiments or other graded divisions . A force 5,000 strong was usually a loose collection of smaller and ungraded units of varying sizes . The soldiers and commanders were required to make their own arrangements for their supplies . There were no uniform and fixed standards of living in barracks or , on battlefields . There was no provision for regular parades . The only means of acquiring military training was employment in hunting , suppression of revolt and actual war . The result was that the soldier deputed in a province became slack and indolent . As the soldiers were not paid regularly , they oppressed the people to get whatever they wanted . Police Organisation The Mughal police organisation is of three types village police , district police and urban police . Mughal authorities allowed the old system coming down from the times of the Hindu rulers to continue . The villagers were made ; responsible for any loss incurred within their limits or any crime committed within their jurisdiction . The Faujdar was responsible for the maintenance of law and order in the district or Sarkar . His primary duties were the policing of the roads , the suppression of disorder of any kind and the collection of the state dues from the rebellious villages with the help of force . The punishments inflicted by them were very often cruel . The Kotwal was in charge of the urban , police . He was required ; to keep a register of houses and roads . He divided the town into quarters and placed an assistant in direct charge of each , quarter . The assistant was required to report daily arrivals and departures . The kotwal kept a small army of spies or detectives . He was required to apprehend thieves and find out the stolen , goods . He fixed local prices . He checked weights and measures . He was required to maintain an inventory of the properties of the persons dying intestate . Public security varied from place to place and time to time . Professional , robbers were always to be found in the , hills , and on the countryside where jungles were in plenty . Finance Finance Department was under Diwan - i - Ala . He appointed a number of officers to help him . 1. Mustaufi acted as the Accountant General of the Empire . He looked into the accounts of all the Departments in the State . 2. Diwan - i - Khalsa looked after the management of crown lands . Diwan - i - Jagir exercised administrative control over Jagirs . 3.Diwan - i - Buyutat looked after State factories called the Kar khanas and heirless properties . 4.Faujih looked after the accounts of the military department . There were Mushrifs for auditing the accounts of different departments sections or individual Karkhanas 5.The provincial Diwans and the staffs under them worked under Diwan - i - Ala . The revenue of the State fluctuated from time to time . There were many sources of income . The Zakat was taken only from the Muslims at the rate of 1/40 of , their property . The duty on imports and exports was 2 % ad valorem for Muslims and 5 % for Hindus . The State also had monopoly of indigo and got some income from it . The revenue from mines , and war booty was known as Khums . The State owned more than 100 Karkhanas . The emperor received valuable presents from his nobles on certain occasions and those were source of income . The State realised tolls and ferry taxes from passengers by road or river . The sales tax was charged on sales in the market . The most fruitful Source of income was the land revenue . The rent from Khalsa lands was realised by the salaried officers of the State . The chief heads of the expenditure were salaries payable to nobles , courtiers , Mansabdars , Qazis and the other staff , the royal household , the maintenance of the army , gifts and rewards conferred by the emperor , cost of building and maintenance of royal buildings , forts , Mosques , tombs , etc. Administration Of Justice Mughal emperor was the fountainhead of justice . His court was the highest court of appeal . Mir Ariz presents the application from people before the emperor . Quazi - ul - Qazut was the highest judicial officer of country and responsible for administration of justice in the country . All other Quazi are subordinate to him . Qazi was primarily a judicial officer . Qazi tried both civil and criminal cases of both Hindus and Muslims . They see their custom and usages while deciding the cases of the both . These quazis are supposed to be just , impartial and a man of good sense . But it is not SO . Qazi was also required to discharge civil , religious and clerical duties . He act as a revenue officer while collecting jiziyas . Muslim law does not grow according to the changing circumstances the country . No emperor can interface in the administration of justice . The court of secular law was prescribed over by Governor , faujdar's and Lotwals . Some times bramhans were appointed to decide cases of Hindus . There are also political courts , which try political nature of cases like rebellion , rioting , theft , robbery , murder etc. Punishments There were three groups of crimes : Offences against god Offence against state Offences against private individual For these there was given four kinds of punishment ( 1 ) Hadd ( 2 ) Tazir ( 3 ) Qisas ( 4 ) Tashir 1.Hadd It was a punishment given for offences against god and it is of severe and rigorous nature 2.Tazir It was punishable by public reprimand , dragging of the offender , boxing of the cars of offender and scourging 3.Qisas It was in the nature of retaliation and the relative of the viction were allowed to demand realisation or compensation 4.Tashir It involved public degradation as like shaving the head of offenders putting him on ass facing the tails covered with dust , and garlanded him with shoes etc. The qazis are supposed to be impartial , just and a person of magnificent qualities . But in the period of Mughals just opposite happened . The department of justice becomes the most corrupt of that time . The qazis were accused of generally misusing their power . Bribery was generally seen . This all made the position of judiciary to the bottom in the times of Mughal . The Mughal Empire was vast and the emperor's were lover of justice . But due to the corruption all the dream of the emperor of a just administration failed to the foot . Criticism of Mughal Administrative System Reference may be made to some of the points of criticism leveled against the Mughal administrative system . 1. Mughal administration was essentially foreign in its character . They generally give preference to the foreigners that is the officials from Persia were given preference to make them high officials in army and others . The high posts were reserved for foreigners ; a very large number of smaller jobs were given to the Indians . 2.Economic and social results of Mughal rule were disastrous to the prosperity and happiness of the people of India . It is pointed that the Mughals left much richer than they found it when they came to this country . They did not send any money to any foreign country This criticism is not fair because they stayed and remained here with the wealth . They had not done as like the British who squandered the wealth here . 3 ) Historian says that the Mughal Government was extremely , limited , materialistic . They say that the socialistic activities were left to the society and not paid any attention to it . But it is not so they had given their eyes of administration on various things like regulation of weights and measures and prices of commodities , stopping forced sati , control of drugs and prostitution etc. Thus the Mughal State was not only a police state but also something more than that . Din - i - Ilahi These are the religious views of Akbar . His object was to establish a national religion , which would be acceptable to the Hindus and Muslims alike . Akbar became the spiritual guide of the nation and saw in the performance of that duty , a means of pleasing God . Certain ceremonials of the Din - i - Ilahi were prescribed . There were four grades of the followers of Din - i - Ilahi . Those grades entailed readiness to sacrifice for the Emperor property , life , honour and religious . Whoever sacrificed all the four , possessed the four degrees and whoever sacrificed one of the four , possessed only one degree . Din - i - llahi contains good points of all religions . The chief exponent of Din - i - Ilahi was Akbar himself . Din - i - llahi was the crowning expression of the idealism of Akbar . It was never forced upon any man . Historian says that Akbar wanted to bring together men who were willing to submit to his spiritual guidance and infuse into them his own catholic spirit and principles of action and not through , coercion . Mughals

Government and Administration in Medieval India Delhi Government and Administration in Medieval India Delhi Sultanate Theocracy The political theory is based on religious law of Islam . The supreme head of the State is God himself who rules through the Caliph , Sultan or Badshah . They are subject to the will of God as expressed in the law . It is true that the Sultans admitted that the Muslim law was not able to guide them in every sphere and consequently they had to depart from the law in certain cases . The Sultanate of Delhi was a theocracy . The Sultan Was the Caesar and Pope combined in one . Islam was the religion of the state and no other religion was recognised . All the sources of the state were meant for the protection and spread of Islam . It is true that Ulemas in India exercised great influence . They saw that the rulers of the country applied the Quranic law . The ideal of a Sultan was to convert all the people to Islam . Majority of the Ulema , were utterly materialistic in outlook and opportunist in conduct . They entered into an unholy alliance with the the shariah , found secular authorities and by distorting the rules sanction for the Sultan's pagan practices . They held out that the Sultan's office was only slightly inferior to that of the Prophet and his sanctity almost equal to that of God . To suit the Sultan's convenience his religious duties were sought to be confined . The Ulema even authorised him to appropriate the peoples wealth whenever he desired Administrative Organisation The administrative organisation was a product of many factors . The Sultans had before themselves model of government of the Khalifa . They found well - established administrative system . The Government of the Sultans of Delhi has rightly been described as a Turko - Persian system in an Indian setting . The foreign elements consisted of Central Ministry , their military system and modifications of the taxation policy as well as tax structure of the country to some extent by the enhancement of the rate of land revenue and by the addition of certain new taxes such as Jizya , pilgrimage tax , heavier duties on Hindus and - other non Muslims than on the Muslim merchants . All non - Muslims were deprived of the status of citizenship ( and called as Zimmis ) , and had to obtain their security of life and property by payment of a money consideration and their rights to perform their religious duties by payment of religious taxes . All higher positions carrying large powers as envolvements were reserved for Muslims only . There was no opening well as for the Hindus . The Khalifa The Khalifa was the king of all the Muslims in all parts of the world . The Sultans of Delhi described themselves as the Deputy or Assistant of the Khalifa . Ala - ud - Din Khilji refused to recognise the authority of the Khalifa and Qutub - ud - Din Mubarak himself took up the title of the Caliph . No Sultan of Delhi bothered to obey the Khalifa . No Sultan believed that he got his authority from the Khalifa . Sultans of Delhi considered to maintain contacts and no wonder they recognised the nominal authority of the Khalifa . The Sultan Sultan was the head of the Delhi Sultanate . He was the source of all power and authority . He was the sovereign head and commander of the army . His will was law . It was the duty of everyone to obey his command . The Sultan was required to be a person capable of dealing with the problems of the state . Sultan was recognised as the supreme interpreter of the law but actually he could not go against the recognised interpretation . The Sultan was expected not to contravene the Sharia while making laws . Sultans showed remarkable respect for the Sharia . The Sultans enjoyed great prestige . They were considered to be the heart of the system . The Sultan was expected to protect Islam . He was to settle disputes among his subjects . He was required to defend territories . He was to maintain and enforce the criminal code . He was to wage a holy war against those who acted in hostility to Islam . He was to collect rates and taxes . He was to appoint officers to help him in his public and legal duties . He was required to keep in touch with public affairs and the condition of the people by personal contact . The Sultans were primarily military adventurers and they did not care much for the niceties of political and religious thought . The checks on the authority of the Sultans were the Ulema the nobility and the soldiers of the standing army . The Nobles The nobles put a very effective check on the king . No Sultan could afford to offend the powerful nobles . It was not easy to impose the royal will on them . They considered themselves to be the equals of the Sultan and capable of founding royal dynasties themselves . The only ideal that held the nobles together was the service of Islam . It is these feelings , which kept the nobles together , and they obeyed the Sultan so long as they felt that he was performing his duties . If he was found to be incapable the nobles did not hesitate to revolt against him . It must not be forgotten that the nobles very often did what was advantageous to them . The Ministers During the rule of the so - called Slave dynasty , there were four ministers viz . the Wazir , the Ariz - i - Mamalik , Dewan - i - Insha and Diwan - i - Rasalat . Sometimes the Naib or Naib - i - Mamalik was also appointed . He exercised great authority particularly when the Sultan was weak , Ordinarily he was inferior to the Wazir . Later on the offices of the Sadr - us - Sudur and Diwan - i - Qaza ' were raised to the status of ministers . Thus , there were 6 ministers under the Delhi Sultanate . The ministers were just the servants of the Sultan and responsible to him alone . The position and powers of a minister were well defined by law and blessed by tradition . Wazir The chief minister was called the Wazir and great importance was attached to this post . The Wazir stood mid - way between the sovereign and his subjects . In the Sultanate there were two types of Wazirs most of them possessed special and limited powers . A few of them enjoyed unlimited authority and ruled the empire in the name of the Sultan . The Wazir was the head of the entire machinery of the government . He was also responsible far other offices at the headquarters . He appointed and superintended the civil servants . He organised the agency for the collection of revenue . It was his duty to recover the money illegally spent by the local officials . It was his office which kept accounts , disbursed salaries and allotted assignments . The Sultans always supported their Wazirs in enforcing discipline . There was always co - operation between the Sultan and the Wazir . Diwan - i - Risalat There is a difference regarding the functions of Diwan - i - Risalat . Some says that they either dealt with religious matters or was a minister far foreign affairs and was in charge of diplomatic correspondence . Ambassadors and envoys were sent to and received from foreign rulers . It is pointed out that it is preferable that they are not religious ministers as already their had been a minister for so said work . Sadr - us - Sudur The Sadr - us - Sudur was required to enforce Islamic rules and regulations . He was required to see that the Muslims observed these rules and regulations in their daily lives . He had in his charge a lot of money to give to Muslim divines , scholars and men of piety . The head of the Diwan - i - Qaza was the Qazi - i - Mumalik also known as Qazi - i - Quzat . Diwan - i - Insha - Diwan - i - Insha dealt with royal correspondence . They supposed to be called treasury of secrets . These are confidential clearks of the state . All correspondence between the sovereign and the rulers of other states passed through this department . Every order from the Sultan was first drafted in this department and then taken to Sultan for sanction . Barid - i - Mumalik He was the head of the state news agency . His duty was to keep himself informed of all happening in the empire . There was a local Barid at the head quarterstaff every administrative sub - division and it was his duty to send regularly newsletters to the Central Office . Wakil - i - dar Only honest mens were appointed for this post . There was nothing , which was outside the sphere of the Barid . He was the confidential agent . He has to report of every aspect of public administration . He was required to send his own impressions regarding the review of troops . He attended all - important functions . He kept his informers everywhere and did not allow anything to escape . The Barid was paid well so that he may be above temptation . Wakil - i - dar was the chief notable of the royal household . He controlled and supervised the payment and salaries to the personal staff of the Sultan . Diwan - i - Arz All royal orders relating to the household were communicated through him . Everybody was required to approach the Sultan through him . He was required to be exceedingly tactful . His staff was also selected very carefully . He had to keep the Sultan well - informed about the affairs of the state particularly because most of the important personages with whom he dealt , had direct access to the Sultan . Ariz - i - Mumalik was the head of the ministry of war . He was responsible far maintaining the army in a state of efficiency . He was chief recruiting officer and fixed the salary of each recruit . He inspects the troops .The promotion of every soldier depended upon him . His office was responsible for the recommendation of assignments to soldiers and the payment of the troops . Whenever a campaign was undertaken , the Ariz was incharge of all preparations . In all - important wars ; he himself accompanied the army . He looked after supply and transport . After victory , he supervised the collection of the booty , which was divided in the presence of the Commander - in - chief . He was rightly called the " source of the livelihood of the fighters for the Faith . " Naib - ul - Mulk The Sultan generally selected him in . The actual authority varied with the character of the Sultan . Sometimes , it was merely an empty title , but at other times , the Naib - ul - Mulk was practically the absolute authority . Sar - E - Jandar He was the head of the military organisation and entrusted for centrally administered areas . A noble was selected to act as Naib - i Ghaibat during the absence of the Sultan . He was the representative of the Sultan at the capital and dealt with all emergent and routine business . Sar - i - Jandar was attached to the Court . He commanded the king's bodyguard called Jandars . He was a salaried officer - and a high noble . His is responsible primarily to guard the person of the king . The Jandar formed an integral part of his followers . A passage in the Tabaqat - i - Nasiri seems to suggest that the Sar - i - Jandar was also entrusted with the custody punishment and execution of the prisoners of war and convicted criminals The other household dignitaries were Amir - i - Akhur ( Master - of Horse ) with his Naib and the Shahnah - i - Pilan ( Superintendent of Elephants ) . The Amir - i - Shikar was incharge of the bunting estab lishment of the king . He had a number of subordinates to look after different hunting animals and birds . The Amir - i - Hajib , his Deputy , the Wazir , the Ariz , Wakil - i - dar and Kotwal of Delhi formed advisory Council for Sultan . The officials and the non - officials were together , known as Arkan - i - Daulat . Finance The fiscal policy was based on Hanafi School of Sunni jurists . The Muslim state had two sources of revenue and those were religious and secular . The religious taxes demanded from the Muslims were under the name of Zakat . The Zakat was payable in gold or silver , herds and merchandise . The Zakat when assessed on value or weight was 1 / 40th of the property . Zakat could be levied only on that property which was in the possession of the owner for at least one year . The secular faxes were Kharaj , Jizya , the tax on non - Muslim traders and imposts on spoils of war , on mines and treasure - trove . Kharaj was the tax on land held by non - Muslims . According to Islamic law , its rate varied from 1 / 10th to one - half . Jizya Jizya was a poll tax from non - Muslims . It was a religious tax levied on the non - Muslims . Jizya was levied on the non - Muslims as the state gave them protection of life and property and exemption from military service . It was considered to be a religious duty by the Sultans to realise the Jizya with all the rigour they could command . Jizya was not levied from women , children , monks beggars , the blind and the crippled . It was not levied even from the Brahmanas . It was only during the reign of Firuz Shah that Jizya was levied from the Brahmanas . The entire Hindu population was divided into three grades for the purpose of Jizya . The first grade paid at the rate of 48 Dirhams , the second 24 Dirhams and the third 12 Dirhams . The Zakat on imports was a fortieth of the value of the mer chandise . It was 50 % on horses . These charges were double in the case of non - Muslim traders . The property of the Muslims dying intestate and without heirs belonged entirely to the state . However , the property of a Hindu dying in similar circumstances was handed over to his community . Land Revenue The main source of income of the Sultan was the land revenue . There were four kinds of land viz . , Khalisa territory , land divided into Iqtas and held by Muqtis either for a number of years or for life - time principalities of the Hindu chiefs who had come to terms with the Sultan and the Inam land given away to Muslim scholars and saints in gift . The state dealt only with the local revenue officers . There was an Amil or revenue clerk in each sub - division who collected revenue from the Chaudharis and Muqaddams . The share of the state was based on a summary assessment . The assessment and collection of revenue in the Iqta was in the hands of the Muqtis who deducted his own share , and paid the surplus to the Central Government . The Sultan appointed an officer called Khwaja in each Iqta they supervise the collection of revenue and also to put a check on the Muqti . The Wakf land or Inam land was free from revenue assessment . Ala - ud - Din Khalji in revenue demands to one - half of the produce . He also imposes the house tax and grazing tax on the peasants . The Sultan also created a new department of agriculture known as Diwan - i - Kohi . Firuz Tughluq fixed the revenue of the entire Khalisa land on a permanent basis . He abolished as many as 24 taxes and levied only five taxes , viz . , Kharaj , Khams . Jizya , Zakat and irrigation tax . The Delhi Sultans after Ala - ud - Din Khalji continued to levy the land revenue at the same rate , it was later on that Sher Shah Suri lowered it to one third of the produce . There were various kinds of tax - farmers . Sometimes , the village headmar acted as a tax farmer by undertaking to pay a fixed amount to the state on behalf of the peasants . Sometimes the governor of a province was made responsible . Water Rate Muslim rulers did not charge any extra rate even for the water supplied . Firuz Shah Tughluq built canals and charged 10 % who used the water for irrigation purposes . The idea of digging canals and providing irrigation facilities to the peasants was the outcome of the desire of the Sultans to improve agriculture . Muhammad Tughluq set up a separate ministry called Diwan - i Amir - Kohi . Its function was to bring new areas under cultivation and to improve the existing crops . Nominal revenue was charged from such persons . Presents ( gifts given by subject to nobles ) An important source of revenue consisted of the presents , which were made by his subjects to the Sultan . The system of presents continued even during the Mughal period . The Army Sultans maintained a large army . Their army consisted of the regular soldiers permanently employed in the service of the Sultan , troops permanently employed in the service of the provincial governors and nobles , recruits employed in times of war and Muslim volunteers enlisted for fighting a holy war of Jihad . The troops of the Sultan at Delhi were known as Hashm - i - Qalb . The troops in the service of the Sultan were known as Khasah Khail and included royal slaves , guards called Jandars and Afwaj - i - Qalb or the troops directly under royal command . Their number was small and they could not be depended upon in times of danger or War . Ala - ud - Din Khalji controlled army of 4,75,000 horse , in addition to a large number of footmen . The army of the Sultans was a heterogeneous body . It consisted of Turks of various tribes , the Tajiks , the Persians , the Mongols , the Afghans , the Arabs , the Abyssinians Indian Mussalmans and the Hindus . The army consisted of the cavalry , infantry and elephantry . The cavalry formed the backbone of the military establishment . Horseman were armed with two swords , a dagger and a Turkish bow with very good arrows . The foot soldiers were called Payaks . They carried swords , daggers , bows and arrows . They were good archers and were known as Dhanuks The Sultans attached great importance to elephants . Their size , and strength struck terror into the hearts of the foreign warriors . There was nothing like modern artillery , but incendiary arrows , javelins and pots full of combustibles were used in battle Hand grenades , fire - works , rocks and naphtha balls were used .Various mechanical devices were employed for battering the walls of fortresses for throwing large balls for projecting naphtha and fire works various kinds of engines were used by the Sultans . The army was organised on a decimal basis . A Sar - i - Khail had 10 horsemen under him . A sipah - Salar had 10 Sar - i - Khails under him . An Amir had 10 Sipah - Salars under him . A Malik had 10 Amirs under him A Khan had 10 Maliks under him . The size of the army varied from time to time . The pay of a soldier must have varied at different times . The Sultans were the masters of military strategy they employed very commonly the art of ambushing and surprise attacks before the actual battle . The prospective theatre of war was thoroughly surveyed The army was very often divided into the advance - guard , the centre , the right wing , the left wing , the rear - guard and the reserve . Justice Justice was the most ill organized department of the Sultanate . The Sultan appointed this Diwan - i - Qaza . He also gave justice through the agency of Diwan - i - Mazalim . Muhammad Tughluq set up a separate department called Diwan - i - Siyasat . The Diwan - i - Mazalim was presided over by the Amir - i - Dad . The Governors were required to sit as courts of Mazalim . The Sahib - i Diwan and the Qazi helped them . The courts of Mazalim heard complaints against officials . The Diwan - i - Qaza had contacts with the departments of Siyasat and Mazalim but its main concern was civil litigation . Qaza dealt with common law and Siyasat and Mazalim dealt with administrative law . Head of the Diwan - i - Qaza was the Qazi - i - Mumalik , also known as Qazi - ul - Qazat . Same person was also appointed Sadr - us - Sadur . He was in charge of the whole legal system and the administration of religious affairs . He heard appeals from the lower courts and appointed the local Qazis . Great importance was attached to the Qazi of Delhi . There was a Qazi in every town and his duty was to settle disputes , supervise and manage the property of orphans and lunatics execute testamentary dispositions and supervise Waqaf . It was the duty of the local governors and officials to help the Qazi in maintaining the dignity of law . The Qazis were not under the were directly appointed by the Central Governors as they Government . over The Amir - i - Dad was associated with justice . He presided the court of Mazalim in the absence of the Sultan . He looked after the executive side of justice . Amir - i - Dad was also responsible for the proper maintenance of mosques , bridges and public buildings city walls and gates . He controlled the Kotwal , the police and the Muhtasib . His office kept copies of the documents registered with the Qazi . The Qazi was not allowed to get up when the Sultan entered his court . Police The Sultans were very anxious to maintain the security . The Kotwal performed the routine police duties . The force of the Kotwal patrolled the city at night and guarded thoroughfares . His jurisdiction extended to the rural area also He also acted as a committing magistrate . The criminal code was punishments were deterrent . In certain cases , the criminal was severe and paraded in the city . He maintained a register of the inhabitants of every quarter , kept him informed of their activities and means of livelihood and took cognizance of every new arrival and departure . The life and property of a rebel were at the mercy of the Sultan . Ala - ud - Din Khalji introduced the system of punishing the family of the rebel . The penal code was applied to crimes , which came under the jurisdiction of the Qazi . Governor About the appointment of a Governor , famous and exalted servant was chosen . The Wali was required to protect and enforce the laws , customs and regulations . He was to look after the Ulema , the warriors and civil officials .He was to reconcile the people by reducing their dues and introducing measures of prosperity . He was to increase the produce by extending the cultivation . He was to maintain justice and protect the weak from the rapacity and tyranny of the strong . He was to see that the decisions of the courts were enforced . He was to desist from capital punishment and guard the highways , encourage trade and protect traders . Sahib - E- Diwan In every province , there was a Sahib - E- Diwan , also known as Khwaja He was appointed by the Sultan on the recommendation of the Wazir He was generally an expert accountant His duty was to keep account books and submit detailed statements to the headquarters . It was on the basis of those sheets that the Department of the Wazir settled the account with the Muqti officially the Khwaja was subordinate to the Governor However in actual practice he was a power to reckon with and he was a check on the authority of the Governor . The reports of the Khwaja might lead to the dismissal of the Governor . Shiqs There was no lower unit of administration than the Iqta . The provinces were divided into Shiqs . Muhammad Tughlaq divided the Deccan into four Shiqs . There was a Shiqdar at the head of a Shiq . He was probably a military officer and his duty was to maintain law and order within his jurisdiction . Parganah The next smaller unit was the Parganah . The next division was the village . The administration of villages continued in the hands of Hindu officials . There was a Panchayat in every village and most of the disputes were settled there . The people of the village looked after their affairs themselves and not interfered with by the Sultan . There was a Chowkidar and a Patwari in every village . Government and Administration in Medieval India Delhi www.lawtool.net

Rights of Children: Different Dimensions Different Forms of violation of Child's Rights Child Labour and Rights of Child Bonded Child Labour Sexual Exploitation and Abuse of Children Gender Discrimination Rights of Children U.N. Convention on Rights of Child and India Constitutional Provisions Laws for Child Protection Juvenile Justice System Implementation of Rights of Children Integrated Child Development Services National Charter for Children National Commission for Protection of Child Rights National Plan of Action for Children NGOs Role in Protection of Rights Rights of Children In the present world, there is urgent need of serious attention towards the protection and promotion of rights of children. Even though this issue has been most talked about, yet not much has been achieved in this regard. Childhood is the most sensitive and vulnerable phase of an individual's life. It has to be safeguarded against all evils existing in the society.Childhood constitute formative years crucial for the development of overall personality of a person. Today's children make tomorrow's youth and the future generation of a country. Therefore, every country should take strong initiative to ensure their observance. Children deserve special care and help in order to grow.It becomes the responsibility of the society and the government to provide a free, fair and safe environment to them. Children need extra protection in the form of a well developed system of rights.A child is defined as a person below the age of eighteen years. It is believed that children are citizens in their own right. They are entitled to the full spectrum of human rights. RIGHTS OF CHILDREN: DIFFERENT DIMENSIONS The concept of the rights of the child is of relatively recent origin. There has been growing recognition that children should be given special care. Earlier a child was looked at as a part of or attached to an adult, but with the new approach they are viewed as independent beings. They should be provided with all rights ensured to them by the constitution and the laws. Economic, Social and Cultural rights (ESC) rights are needed in order to ensure the survival and life of the child and a bare minimum quality of life for the child. As subjects of rights the opinion of a child should be treated with respect. It means that the child has the right to freedom of expression, freedom of thought, freedom of conscience and freedom of assembly.Children have equal value as adults and each child has a right. Children should enjoy their rights without discrimination. Disabled children, children of disadvantaged groups and girl child should enjoy the same rights as others. . Every child should be registered immediately after birth and has a right to name and nationality .In all actions concerning children, whether undertaken by public and private social welfare institutions,court of law, administrative authorities or  legislative bodies, the best interest of the child shall be a primary consideration. DIFFERENT FORMS OF VIOLATION OFCHILD'S RIGHTS As mentioned above children because of their tender age and need for their healthy growth need special attention. For that purpose they need to enjoy rights in specific way. Child Labour and Rights of Child There are countless children involved in different kinds of work in our country. Childlabour ranges from four-year-olds working for to seventeen-year-olds helping out on the family farm. Many children in rural areas work for agriculture; as domestic help; in trade and services in urban areas, while some work in manufacturing and construction. In Indian context, child labour means children below the age of 14years and working. It is believed that India has highest child labourers in the world.In a society like ours, child labour is also seen as result of social inequality.Since India is a poor country, many children work to team for their family. Sometimes Working and earning can be a positive experience in a child's growing up. But most of the time children are forced to work due to poverty. Children often work long hours in dangerous and unhealthy conditions. They suffer permanent physical and psychological damage. Many children grow up disabled as a result of working, with eye damage, lung disease, stunted growth and susceptibility to arthritis. In India, children making silk threads dip their hands in boiling water, causing burns and blisters. Many people breathe smoke and fumes emitted from machinery while working in factories. Many children develop infections due to unhealthy working conditions. Despite the prohibition of some forms of child labor by the ILO's Worst Forms of Child Labor Convention, many children continue to work in inhumane conditions. In this way many children are deprived of a normal childhood. Many children are kidnapped and forced to work away from their homes and families. They have been deprived of freedom of movement. They have no right to leave the workplace and go home to their families. Children work long hours, for very little pay, or sometimes no pay. They are often subjected to physical abuse such as imprisonment and beatings. They are exposed to dangerous pesticides and made to work with dangerous equipment. These facts show a gross violation of the human rights of children. The Convention on the Rights of the Child provides that children – all persons under the age of eighteen years "unless, under the law applicable to the child, earlier attains majority" – have the right to be protected from performing any such work. possess which can be dangerous for them. Interfering with the child's education, or being harmful to the child's health or physical, mental, spiritual, moral or social development." Few of the options available to millions of women and girls around the world to support themselves and their families They turn to domestic work as one of the most common forms of sexual exploitation. They become easy targets of sexual exploitation. Governments have systematically denied them key labor protections afforded to other workers. Domestic workers, who often support their families They make extraordinary sacrifices just to make ends meet, and are among the most exploited and abused workers in the world.Child labour is an unregulated, gray area of the Indian economy,so statisticsillustratingthe scale of the phenomenon vary considerably. The Indian government estimates some 14 million of the country's children are employed in agriculture, as domestic helpers, in roadside restaurants and in factories making glass, textiles, and countless other goods. Many charities and non-governmental organizations around the world argue the figure is much higher. Bonded Child Labour Bonded child labour is one of the worst forms of violation of rights of children.Millions of children work as bonded child labourers in countries around the world.They loose on their childhood, education, and opportunities by being entrapped in bonded labor. Bonded labor takes place when a family receives an advance payment to hand a child-boy or girl-over to an employer. In most cases the child cannot work off the debt, nor can the family raise enough money to buy the childback.Bonded labour is outlawed by the 1956 V.N. SupplementaryConvention on the Abolition of Slavery,the Slave Trade, and Institutions and Practices Similar to Slavery. Sexual Exploitation and Abuse of Children Child Sexual Abuse and its prevention have become major problems in all countries,particularly in India. Sexual abuse of children can occur both within families and outside like in social groups and in underprivileged situations, such as in orphanages.There is lack of specific laws against Child Sexual Abuse. People are generally ignorant due to lack of awareness on the subject. Such abuses leave scars on victims which are very difficult to erase. They result in psychological problems in children.There is need of greater awareness on issue of child sexual abuse and harassment. The state should take measure to develop social programmes for prevention of abuse and treatment of victims. Some of the NGOs are working on the issue. Sexual exploitation and abuse of children include Child Trafficking, Prostitution, Pornography, SexTourism. Child trafficking means selling or buying children for sexual work including prostitution. It includes the recruitment, transportation, transfer, harboring or receipt of a child for the purposes of sexual or labour exploitation, forced labour, or slavery.Trafficking in children is a human rights tragedy estimated to involve over a million children worldwide. Hundreds of children are trafficked every year worldwide. They Are recruited on false promises of education,professional training and paid employment. These children are transported within and across national borders under sometimes life-threatening conditions. They are then pushed into exploitative labour and are subjected to physical and mental abuse by their employers. Child trafficking is prohibited under international law as both a "practice similar to slavery" and one of the "worst forms of child labour". States have an urgent and immediate obligation to eradicate trafficking in children. Prostitution signifies forcing children to have sexual intercoursewith adultsin exchangefor money. Pornography is showing or photographing or filming children in sexualactivities or displaying the sexual part of child. Sex tourism is another crime against children which indicates offering children to pedophiles or using children for different kinds of sexual activity. The UN Convention on Rights of Child, (Article 34, 35 and 36) deals with sexualabuse and sexual exploitation of children. Countries have the duty to take measures to prevent forcing or persuading children into unlawful sexual activity or exploiting them for prostitution or pornography and trafficking. Gender Discrimination Indian society is a patriarchal society with a lot of discrimination against women and girl child. Among children, there is more violation of rights of girl child. She is never treated at par with the male child. There are deep rooted prejudices against women resulting in their mistreatment which starts very much from childhood. They are never treated equal with their male counterparts either in family or in schools. It results in low self esteem and lack of self confidence in the girl children. The girl child's right to survival, health care and nutrition, education, social opportunities and protection has to be recognized and made a social and economic priority. Along with this the basic structural inequalities that cause poverty, malnutrition and the low status of women have to be addressed, if these rights are to be ensured. There is need for an educational campaign by the government and the NGOs to eliminate all discrimination against girl child. RIGHTS OF CHILDREN Convention on the Rights of Child adopted by the UN. General Assembly in 1989. This has been the first major international instruments exclusively devoted to rights of child. U.N. Convention on Rights of Child and India India acceded to the UN. Convention on the Rights of the Child on 11 December1992 to reiterate its commitment to the cause of children. The convention takes into account the different cultural, social, economic and political realities in which CHILDREN live. It says that everyone under the age of eighteen has all rights in the convention.These rights are right to good life, security, education, health, culture etc. It alsoprovides rights against sexual abuse, protection from illegal drugs, kidnapping and any other kind of cruelty against children. The convention recognizes the child as subject and guarantees the freedom of expression and participation in making decisions affecting their rights. The United Nation proclaimed 1979 as the year of Child.The member countries that have acceded to the Convention on the Rights of Child Are required to submit a periodical report about the status of the implementation of the Convention in their country. Accordingly, the first India Country Report was submitted to the UN in 1997. A National Coordinating Group has been constituted by the Department of Women and Child Development to monitor the implementation of the Convention of the Rights of the Child (CRC) and oversee all activities directly connected to the implementation of CRC. India has also signed the two Optional Protocols to the Convention on the Rights of the Child, namely, (1) on the involvement of Children In Armed conflicts, and (2) on the sale of children, child prostitution and child pornography in September 2004. Constitutional Provisions You have already read in an earlier unit that in the Constitution of India FundamentalRights and Directive Principles of State Policy prescribe the fundamental obligations of the state to its citizens. The Fundamental Rights define in part ill of the Constitution,apply irrespective of race, place of birth, religion, caste, creed or gender. They Apply to children as well. One of these rights is specifically to protect children. Itis known as Prohibition of employment of children in factories etc. Article 24 provides; "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. "In addition to above now children have also been given right to education. Earlier This right existed in article 45 of the constitution as a Directive Principle. TheConstitution 86th Amendment 2002 has made right to education a fundamental right under article 21 A of the constitution. Apart from the above fundamental Rights, in Chapter-IV on the Directive Principles Of State Policy also special provisions have been provided for children: Art 39(e) provides that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. Art 39(f) provides that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. Art 45 says that the state shall endeavor to provide, within a period of ten years from the commencement of this constitution, for free and compulsory education for all children until they complete the age of fourteen years. Laws for Child Protection Apart from constitutional guarantees, the state has enacted several laws for the protection of children. Some of these are given below: Indian Penal Code. Crimes of kidnapping and Trafficking in Human Being includes special provisions for minors Sec. 363 A provides punished for kidnapping of minors for employing them for begging, the export and import of girls for prostitution.Section 366 A deals with sourcing of minor girls from one part of India to another.Section 366 B makes it an offense to import into India from any country outsideIndia girls below the age of 21 years for the purpose of prostitution. Selling of minors for the purpose of prostitution is a punishable offense under section 372.Section 373 punishes for buying minors for the purpose of prostitution. To abduct a girl with the intent or knowledge that she may be compelled, forced or seduced to have illicit sex is a criminal offense. To take away or abduct a girlforcibly for the purpose of marriage is also an offence.Rights of ChildrenSexual Interco.urse with a girl below the age of 16 years is rape. It is immaterial whether it was done with or without her consent. (Sec.376). Husband' can also be guilty of Rape of he has sexual intercourse with his wife who is below the age of 15years. Child Labour (Prohibition and Regulation) Act 1986. This Act prohibits employment of children in jobs related to transport of passengers,goods or mails, cinder picking, catering establishment at railway stations, construction of railway station, port authority selling of explosives and fireworks, abattoirs/slaughterhouses etc. Through a notification dated May 26, 1993, the working conditions of children have been regulated in all employment not prohibited under the Act. Law to Ban Domestic work: In October 2006 the Indian Government took another welcome step by enacting a law to ban domestic work and some other forms of labour by children under age 14. The new law covers domestic work,restaurants and hotels as well as domestic labour. It means that Children below theage of 14 can not be employed as domestic servants or help in any kind nor can they be employed in hotels, restaurants, dhabas etc. Under the law children workingin such positions have to be removed and rehabilitated and those using children illegally will be prosecuted and punished. The Immoral Traffic Prevention Act: This act was enacted in pursuance of India's obligations under the UN. Convention for the suppression of Traffic in persons and of Exploitation of the women. It is also meant to prevent trafficking of children. Achild prostitute rescued under this act must be treated as a child in need of care and protection. Such children should be brought under the protection of the child welfare committee.Above mentioned laws are examples of some of the legislative measures adopted by the Government from time to time for protection and welfare of children. There are more such laws both enacted by the Union and state Governments. Juvenile Justice System Children in general are innocent. However due to circumstances sometimes a child may commit an offense. As per Indian law, nothing is an offense if committed by a child below 7 years of age. If a child (boy under 16 and a girl under 18 years of age) commits an offense then the chiId has to be treated under the Juvenile Justice(care and Protection of Children) Act 2000. The Act provides: • Notwithstanding anything contained in the Code of Criminal Procedure, the State Governments may constitute Juvenile Justice Boards for dealing with Juveniles in conflict with law. • A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the fIrst class, as the case may be and two social workers of whom at least one shall be a woman. No Magistrate shall be appointed as a member of the Board Unless he has special knowledge or training in child psychology or child welfare.(Section 4) Any State Government may establish and maintain either by itself or under an agreement with voluntary organization, observation homes in every district or a group of districts, as may be required for the temporary reception of any Juvenilein conflict with law during the pendency or any inquiry regarding them under thisAct (Section 8). • As soon as a juvenile in conflict with law is apprehended by police, he shall be placed under the charge of the special juvenile police unit or the designated police officer who shall immediately report the matter to a member of the Board(Section 10). • Where a juvenile is arrested, the officer in charge of the police station or the special juvenile police unit to which the juvenile is brought shall, as soon as maybe after the arrest, inform (a) the parent or guardian or the juvenile, if The can be found of such arrest and direct him to be present at the Board before which the juvenile will appear, and (b) the probation officer of such arrest to enable him to obtain information regarding the antecedents and family background of the juvenile and other material circumstances likely to be of assistance to the Boardfor making the inquiry. IMPLEMENTATION OF RIGHTS OFCHILDREN In addition to legal provisions following special measures have been adopted for implementation of rights of child and welfare schemes for children: Integrated Child Development Services (ICDS) The ICDS was launched in 1975 as a centrally sponsored scheme with the objective of: (a) To improve the nutritional and health status of children below the age of six years and pregnant and lactating mothers; (b) to lay the foundation for the proper psychological, physical and social development of the child; (c) to reduce the incidence of mortality, morbidity, malnutrition and school, drop-outs, (d) to achieve effective coordination of policy and implementation among various departments to promote child development; (e) to enhance the capability of the mother to look after the heath and nutritional needs of the child through proper health and nutritional education. National Charter for Children The National Charter for children is a policy document adopted by the government highlighting the roles and responsibilities of the government and the community towards the children and the duties of children towards their families, society and the country.It was notified on 9 February, 2004. National Commission for Protection of Child Rights In order to ensure child rights practices and in response to India's commitment toUN. declaration to this effect the government of India set up a National Commission For Protection of Child Rights. Parliament of India in 2006 enacted an act for the constitution of such a commission. Besides the chairperson, it will have six membersfrom the fields of child health, education, child care and development, Juvenile Justice,children with disabilities, elimination of child labour, child psychology or sociologyand law relating to children. The commission has the power to inquire into complaints and take suo moto notice of matters relating to deprivation of child rights and non-implementation of laws providing for protection and development of children among other things. Aimed at examining and reviewing the safeguards provided by the law to protect child rights, the Commission may recommend measures for their effective implementation. It can suggest amendments, if needed, and look into complaints and take suo moto notice of cases of violations of the constitutional and legal rights of children. The commission is empowered to ensure proper enforcement of child rights and effective implementation of laws and programmes relating to children-enquiring into complaints and take suo moto cognizance of matters relating to deprivation of child rights. National plan of Action for Children The Department of Women and Child Development of the Government of India in2005 prepared the draft of the National Plan of Action for Children taking into consideration the goals for children set in the U.N. General Assembly Special Sessionon Children held in May 2002 and the monitorable targets set in the Tenth Five YearPlan and goals for children in related Ministries/Departments and in consultation with concerned Ministries and Departments, States Union Territories Governments Non-Governmental Organizations and experts. The revised draft included goals, objectives and strategies for the decade 2001-2010 for improving nutritional status ofIndianchild, increasing enrolment rates and reducing dropout rates, universalisation ofprimary education, increasing coverage for immunities etc. NGOs Role in Protection of Rights Various NGOs in India have been working on the rights of the child, child trafficking,child prostitution, gender justice, survival and health and many other themes. BachpanBachao Andolan is one of the energetic nongovernmental organizations dedicated to eradicating child labor. Some NGOs are working for shelter, health, education and training of these children. NGOs are also working in the filed of child labour forrescuing and rehabilitating the children engaged as labourers. A central scheme for the welfare of street children has been launched by the Ministry of Welfare, Government of India. The scheme provides grant-in-aid to NGOs working on the issues of street children. NGOs can play an important role in disseminating information and creating awareness about the rights of children. But how successful this scheme is cannot be said because elections are held in India every five years after which a new government comes to power. And then all these schemes turn into scams and all the government organizations disappear. Yes, it can be said that many NGOs in India can also file cases in the courts in the form of Public Interest Litigation. Some NGOs have saved many children from bonded labor through such PILs. In general as far as human rights and other social rights are concerned. .., NGOs play an important role in the promotion and protection of child rights. CREATING AWARENESS It is believed that creating awareness about the rights of children is the most important way of achieving our goal. The society and state by and large have been ignorant towards the condition of children. It is high time we should start acting in this regard. Each and every citizen must realize his/her responsibility towards securing a happy and healthy childhood for all children. Critical awareness of all rights and the situations that violate them is a must for the realization of these rights. Children should be trained to assert their rights. The government has to ensure spreading wide awareness about child issues among government agencies, media, judiciary, the public and the children themselves. It seems appropriate to provide sexual education to children especiallyin context of child sexual abuse. There should be campaigns for promoting and protecting child rights. All government programmes and policies must target this objective. Other institutions and structures should also attempt to focus on this issue.Creating mass awareness will definitely help in the construction of a better society for children. There are certain factors which aggravate the poor plight of children, like caste,gender, poverty, displacement etc. Children are worse off if they happen to belong To low ea: "r» in Indian society, These children live in appalling conditions and are ;forced into bonded labour and other forms of exploitation by the upper castes. Thesecastes live in isolated ghettos in the rural areas. They lack any opportunity of growth and development. They hardly receive any education or employment. They mostly work as forced labour on the farms. So many children die of malnutrition and starvation but the government refuses to recognize and record it. Since children are dependent and vulnerable the adults must help them realize their rights. There is need for change in the orientation of institutions and society if we are seriously committed to the rights of child. We must start thinking of children as equal citizens with same rights and entitlements as we have. Children should not be treated as object of sympathy but as stakeholder in the society. The state should focus on child care services. There are numerous street children who become homeless due to poverty, family breakups, armed conflict, and disasters. Adoption is one of the best ways to rehabilitate an orphaned or an abandoned child or' a child in need of care and protection. InIndian society, adoption is quite common.Every child has Right to Education. This means that the state is under obligation to provide free education. However, only primary education between the ages of 6 to14 years is covered under this right. Though the State had created infrastructure and ensured near complete enrolment, many children drop out because of poor facilities in schools such as drinking water, toilets and boring teaching methods. Out-of-school children should be encouraged to join back. Education system has to be improved to ensure that children enjoy school. Poor sanitation and infrastructure facilities and discrimination based on caste are greatest hurdles. One of-the most complex reasons that denies children their right to education, is the shrinking livelihood in villages, resulting in seasonal migration. Seasonal migration has become a reality in many parts of the. country, caused by persistent drought and environmental degradation.Sarva Shiksha Abhiyan (SSA) is working to achieve UEE (Universal ElementaryEducation) by 2010. The country is also a signatory to the UN Child Rights Charter(1999); and also according to the article 28 of the Conventions of the Rights of theChild (1989) the government has the responsibility of making primary education compulsory and freely available to all.

AIBE-18-English [Set Code-D] 1. For what duration is a woman entitled the Maternity Benefit Act, 1961 ? i to leave with wages for tubectomy operation as per (A) 2 weeks (B) 4 weeks (C) 6 weeks (D) 8 weeks 2. What should be the minimum number of workers originally employed in any factory for having at least one canteen in the factory as per the Factories Act, 1948? (A) 100 workers (B) 150 workers (C) 200 workers (D) 250 workers 3. Who among the following is not included in the definition of a workman as per the Industrial Disputes Act, 1947? (A) A supervisor drawing monthly salary of ₹ 6,000. (B) A supervisor drawing monthly salary of 8,000. (C) A supervisor drawing monthly salary of (D) A supervisor drawing monthly salary of 10,000. 12,000. 4. Who has defined tort as 'tortious liability arises from the breach of duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages'? (A) Lindsell (B) Pollock (C) Salmond (D) Winfield(Define Tort in the words of Winfield and Jolowicz. 'Tortious liability arises from the breach of duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages'.) 5.Gloucester Grammar School case relates to which of the following important maxims ? (A) Damnum sine injuria (B) Injuria sine demno (C) Ubi jus ibi remedium (D) Volenti non fit injuria 6. Which of the following provision of the Motor Vehicles Act, 1988 relates to no fault liability? (A) Section 140 (B) Section 151 (C) Section 162 (D) Section 128 7. How many consumer rights are identified under the Consumer Protection Act, 2019? (A) 2 (B) 4 (C) 6 (D) 8 8. Which of the following body constituted under the Consumer Protection Act, 2019 is authorised to render advice on promotion and protection of consumers' right under the Act? (A) Central Consumer Protection Authority (B) Central Consumer Protection Council (C) State Consumer Protection Authority (D) State Consumer Protection Council 9.Which of the following provision of the Constitution of India states that no tax can be levied or collected except by authority of law? (A) Article 246 (B) Article 256 (C) Article 260 (D) Article 265 10. Which of the following would be the first previous year in case of a business or profession newly set up on 31 March, 2020 as per the Income Tax Act, 1961 ? (A) Start from 1 April, 2019 and will end on 31st March, 2020. (B) Start from 31 March, 2020 and will end on 31st March, 2020. (C) Start from 1st April, 2020 and will end on 31st December, 2020. (D) Start from 1st January, 2020 and will end on 31st March, 2020. 11. As per the Income Tax Act, 1961 a person is said to be resident of India in any previous year if he had been in India for a period of the following number of days in the previous year: (A) 180 days (B) 182 days (C) 184 days (D) 186 days 12. Income is defined under which of the following provision of the Income Tax Act, 1961? (A) Section 2(31) (B) Section 2(24) (C) Section 2(9) (D) Section 3 13. Which of the following is not a fraud as per the Indian Contract Act, 1872? (A) A promise made without intention of performing it. (B) An active concealment of fact by one having knowledge of the fact. (C) Mere silence if not duty bound to speak.-(Under the Indian Contract Act of 1872, mere silence is not considered Fraud. Section 17 of the Act defines “fraud” and states that a contract induced by Fraud is voidable at the party's option who has been defrauded.) (D) Any act or omission law specifically declares to be fraudulent. 14. Which of the following statement is correct if A, intending to deceive B, falsely represents that five hundred maunds of indigo are made annually at A's factory, and thereby induces B to buy the factory? (A) Contract is void ab initio. (B) Contract is voidable at the option of A. (C) Contract is voidable at the option of B.(llustrations (a) A, intending to deceive B, falsely represents that five hundred maunds of indigo are made annually at A's factory, and thereby induces B to buy the factory. The contract is voidable at the option of B. (D) Contract is voidable at the option of A & B. 15. Which of the following injunction can be granted only by the decree made at hearing and upon the merit of the suit ? (A) Temporary injunction (B) Perpetual injunction(perpetual injunction can only be granted by the decree made at the hearing and upon merits of the suit. The defendant is thereby perpetually enjoined from the assertion of a right from the commission of an act, which would be contrary to the rights of the plaintiff.) (C) Mandatory injunction (D) Prohibitory injunction 16.A stipulation in a bond for payment of compound interest on failure to pay simple interest at the same rate as was payable upon the principal is not a penalty within the meaning of which of the following provision of the Indian Contract Act, 1872? (A) Section 73 (B) Section 74(Based on the given information, it can be concluded that the stipulation in the bond for payment of compound interest on failure to pay simple interest at the same rate as was payable upon the principal is not a penalty within the meaning of Section 74 of the Indian Contract Act, 1872.) (C) Section 75 (D) Section 76 17: What is the default interest payable under Section 63A of the Transfer of Property Act, 1882? (A) 6% per annum (B) 8% per annum (C) 9% per year (D) No default rate prescribed. 18. Which of the following is the time limit given under Section 17 of the Transfer of Property Act, 1882? (A) Life of the transferee (B) A period of 18 years from the date of transfer.((b) a period of eighteen years from the date of the transfer, such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last-mentioned period, the property and the income) (C) Either (A) or (B) whichever is longer (D) Neither (A) nor (B) 19 Which of the following is not a negotiable instrument as per the Negotiable Instruments Act, 1881? (A) Promissory note (B) Hundi (C) Bill of exchange (D) Check 20. In the light of Negotiable Instruments Act, 1881, at what rate interest will be charged if the rate of interest is not mentioned on the negotiable instruments? (A) 6% per annum (B) 10% per annum (C) 18% per annum (D) 20% per year 21. Within what period from the date of publication of the declaration, if no award is made, the entire proceedings for the acquisition of land shall lapse as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013? (A) 6 months (B) 12 months (C) 18 months (D) 24 months 22. What is the minimum percentage of affected families that need to give their prior consent for acquiring land for private companies as per the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013? (A) 75% (B) 80% (C) 90% (D) 100% 23. Imagine an IPL team sets up a company to sell its own range of clothes. What type of intellectual property can the team use to show that the clothes are made by them? (A) Patents (B) Geographical Indications (C) Trademarks (D) Registered designs 24. How long do patents usually last for? (A) 10 years (B) 20 years ( Patent protection is granted for a limited period, generally 20 years from the filing date of the application.) (C) 25 years (D) 50 years 25. The concept of freedom of trade and commerce mentioned in the Indian Constitution is motivated from the experience of the following country? (A) America (B) Australia-(Freedom of trade under Article 301 of Indian Constitution) (C) Ireland (D) United Kingdom 26. Which of the following writ is issued to enforce the performance of public duties by the authority? (A) Mandamus (B) Quo warranto (C) Certiorari (D) Prohibition / 27. Which of the following Constitutional Amendment Act had made the provision for publishing Hindi Translation of the Constitution? (A) 52nd Amendment (B) 54th Amendment (C) 56th Amendment (D) 58th Amendment(The correct answer is 58th Amendment, 1987. Indian Constitution in Hindi was authorized to be published in 58th Amendment, 1987. It inserted Article 394-A in the constitution under Part XXII.) 28. Which of the following is the landmark judgment on the Colourable legislation? (A) State of Bihar v Kameshwar Singh(State of Bihar v. Maharajadhiraja Sir Kameshwar Singh (1952) is a landmark judgement in the doctrine of colourable legislation.) (B) M. Karunanidhi v Union of India (C) State of Karnataka v Union of India (D) Keshavan Madhava Menon v State of Bombay 29. Which of the following Constitutional Amendment Act was passed in light of the advisory opinion received in Re Berubari case? (A) The Constitution (Fourth Amendment) Act, 1955 (B) The Constitution (Seventh Amendment) Act, 1956 (C) The Constitution (Ninth Amendment) Act, 1960(The Berubari Union and Exchange of Enclaves [1960] SCR 3 250. Ninth Amendment to the Constitution was made thereafter) (D) The Constitution (Eleventh Amendment) Act, 1961 30. Which of the following provision of the Constitution of India is relevant for solving questions of repugnancy between a Central law and a State law? (A) Article 248 (B) Article 252 (C) Article 254(Article 254 of the Indian Constitution establishes successfully the Doctrine of Repugnancy in India.) (D) Article 256 31. What transition period was provided in the Constitution of India for changing official language of Union from English to Hindi ? (A) 5 years (B) 10 years (C) 15 years(Article 343 (1) of the Constitution of India states "The Official Language of the Union government shall be Hindi in Devanagari script." Unless Parliament decided otherwise, the use of English for official purposes was to cease 15 years after the constitution came into effect, i.e. on 26 January 1965.) (D) 25 years 32 In which of the following case it was held that there could be no reservation on single post in the cadre? (A) Chakradhar Paswan v State of Bihar(The decision in Chakradhar Paswan's case that for a single post cadre no reservation can be made for the backward classes has also been followed in Chetana Dilip Motghare Vs. Bhide Girls' Education Society (1995 Supp.) (B) K.C. Vasanth Kumar v State of Karnataka (C) A.B.S.K. Sangh (Rly) v Union of India (D) State of Kerala v N.M. Thomas 33. Sexual harassment of a working woman at her place of work may also be considered as the violation of which of the following provision of the Constitution of India? (A) Article 19(1)(b) (B) Article 19(1)(d) (C) Article 19(1)(e) (D) Article 19(1)(g)(Sexual harassment is a human right violation affecting Article 14, 19 (1) (g) and 21 of Constitution of India.) 34. Which of the following doctrine has been applied to resolve the conflict between Article 25(2)(b) and 26(b) of the Constitution of India? (A) Doctrine of Harmonious construction(harmonious construction in resolving a conflict between Articles 25(2)(b) and 26(b) of the Constitution and it was held that the right of every religious denomination or any section thereof to manage its own affairs in matters of religion [Article 26(b)] is subject to a law made by a State providing for social welfare) (B) Doctrine of Casus Omissus (C) Doctrine of Liberal interpretation (D) Doctrine of Pith and substance 35. In which of the following situations Indian Penal Code, 1860 may not apply? i. An offence committed by Indians outside India. ii. An offence committed by any person on any ship registered in India. iii. Any person committing offence targeting computer resources located in any country. (A) Only i (B) Only ii (C) Only iii (D) Only i & ii 36. How many types of punishment are currently existing under the Indian Penal Code, 1860? (A) 3 (B) 4 (C) 5(The five punishments given to criminals in India are death penalty, life imprisonment, imprisonment, forfeiture of property, and solitary confinement. Ans. Imprisonment comes under sections 194 and 449 of the INDIAN PENAL CODE) (D) 6 37. A and Z agree to fence with each other for agreement . In the course of such fencing, while playing fairly, A hurts Z severely. Which of the following offence is committed by A? (A) Hurt (B) Attempt to murder (C) Grievous hurt (D) No offence(This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.) 38. In which of the following situations right of private defence can not extend to causing death? (A) In case when an assault is causing apprehension of murder. (B) In case when assault is reflecting intention of committing rape. (C) In case when assault is reflecting intention of causing simple hurt. (D) In case when assault is reflecting intention of gratifying unnatural lust. 39. For which of the following Section of the Indian Penal Code, 1860 the word benefit does not include pecuniary benefits? (A) Section 89 (B) Section 155 (C) Section 156 (D) Section 370 40.X intentionally pulls up a woman's veil without her consent intending to annoy her. As per the Indian Penal Code, 1860 which of the following offence he has committed? (A) Hurt (B) Criminal force (C) Assault (D) Grievous hurt 41.What punishment is prescribed under the Indian Penal Code, 1860 for a person who maims any minor in order that such minor may be used for the purposes of begging? (A) Imprisonment for 5 years and fine (B) Imprisonment for 7 years and fine (C) Imprisonment for 10 years and fine (D) Imprisonment for life and fine 42 X threatens to publish a defamatory libel concerning Y unless Y gives him money. Whichof the following punishment may be given to X for the act committed by him as per theIndian Penal Code, 1860? (A) Imprisonment upto 2 years, or with fine or with both. (B) Imprisonment upto 3 years, or with fine or with both. (C) Imprisonment upto 5 years, or with fine or with both. (D) Imprisonment upto 7 years, or with fine or with both. 43. Which of the following sentence is an Assistant Sessions Judge authorised to pass as per the Code of Criminal Procedure, 1973 ? (A) Sentence of death. (B) Sentence of imprisonment for life. (C) Sentence of imprisonment for a term not exceeding ten years. (D) Sentence of imprisonment for a term exceeding ten years. 44.A person arrested by a private person for committing a non-bailable and cognizable offence shall be re-arrested by a police officer if such person comes under which of the following provision of the Code of Criminal Procedure, 1973? (A) Section 41 (B) Section 41A (C) Section 42 (D) Section 43 45. Under which of the following situation wife is not entitled for maintenance under Section 125 of the Code of Criminal Procedure, 1973? (A) Husband presumes that wife is living in adultery. (B) Voluntarily wife refuses to live with husband. (C) Wife living separately as husband keeps a mistress. (D) Wife is forcefully removed from the house. 46. Which of the following procedure is dealt under Section 164-A of the Code of Criminal Procedure, 1973? (A) Medical examination of the victim of rape. (B) Attendance of witness by police officer. (C) Recording of confession statement. (D) Recording of first information report by police officer. 47. Which of the following is incorrect with respect to diary of proceedings in investigation as per the Code of Criminal Procedure, 1973? (A) The statements of witnesses recorded during investigation shall be inserted in the diary. (B) The diary shall be duly paginated. (C) The diary may be used as evidence. (D) Can be used by the police officers to refresh memory. 48. In which of the following cases manner of committing offence is not required to be mentioned in the charge as per the Code of Criminal Procedure, 1973? (A) A is accused of the theft of a certain article at a certain time and place. (B) A is accused of cheating B at a given time and place. (C) A is accused of disobeying a direction of the law with intent to save B from punishment. (D) A is accused of giving false evidence at a given time and place. 49. Which of the following offences may be tried summarily as per the Code of Criminal Procedure, 1973? (A) Offence under Section 454 of the IPC. (B) Offence under Section 504 of the IPC. (C) Offence punishable with imprisonment for a term not exceeding two years. (D) Offence punishable with life imprisonment. 50.Which of the following Section of the Code of Criminal Procedure, 1973 provides for reference to High Court? (A) Section 275 (B), Section 325 (C) Section 383 (D) Section 395 51. A person accused of the following offence may not be granted bail under Section 438 of the Code of Criminal Procedure, 1973: i. Accused of offence under Section 376AB of the IPC. ii. Accused of offence under Section 376DA of the IPC. iiiAccused of offence under Section 376DB of the IPC. (A) i & ii (B) ii & iii (C) iii & i (D) i, ii & iii 52. Which of the following act if done by any Magistrate, even in good faith without being empowered, shall vitiate the proceedings as per the Code of Criminal Procedure, 1973? (A) Tender a pardon under Section 306 of CrPC. (B) Recall a case and try it under Section 410 of the CrPC. (C) Attaches property under Section 83 of the CrPC. (D) Hold an inquest under Section 176 of the CrPC. 53. Which of the following is material for deciding the jurisdiction of the Civil Court in the light of the Code of Civil Procedure, 1908 ? (A) Averments made in the plaint (C) Both (A) & (B) (B) Averments made in the written statement (D) Neither (A) nor (B) 54. Which of the following cannot be considered as the suit of civil nature for Section 9 of the Code of Civil Procedure, 1908? (A) Suit for recovery of voluntary payments or offerings. (B) Suit for rights of franchise. (C) Suit for specific reliefs. (D) Suit relating to rights of worship. 55. Which of the following provision of the Code of Civil Procedure, 1908 makes the doctrine of res judicata applicable in representative suit? (A) Section 11, Explanation V (B) Section 11, Explanation VI (C) Section 11, Explanation VII (D) Section 11, Explanation VIII 56. In which of the following situations a court will not issue summons for personal appearance to the defendant? (A) If defendant reside within the local limit of the court's jurisdiction. (B) If defendant resides with within 40 miles from the court. (C) If defendant resides 250 miles away from the court in an area having public conveyance available. (D) Woman to whom Section 132 of the Civil Procedure Code, 1908 does not apply. 57. In which of the following situation plaintiff is precluded from bringing a fresh suit as per the Code of Civil Procedure, 1908? (A) Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs. (B) Dismissal of suit because neither party appeared. (C) Dismissal of suit in because plaintiff did not appear. (D) Dismissal of suit because plaintiff did not apply for fresh summons within given time limit once it returned unserved. 58.How many times at max. may an adjournment be granted to a party during hearing of the suit as per the Code of Civil Procedure, 1908? (A) Two times (B) Three times (C) Four times (D) No limit prescribed 59. Which of the following Amendment Act made the provision in the Code of Civil Procedure, 1908 to produce a witness without a summons? (A) The Code of Civil Procedure (Amendment) Act, 1976 (B) The Code of Civil Procedure (Amendment) Act, 1999 (C) The Code of Civil Procedure (Amendment) Act, 2002 (D) Such provision does not exist. 60. Which of the following is not included in the word costs as provided under the Code of Civil Procedure, 1908 ? (A) The expenses of the witnesses incurred. (B) Legal fees and expenses incurred. (C) Fooding and lodging expenses incurred. (D) Any other expenses incurred in connection with the proceedings. 61. What period is prescribed under the Code of Civil Procedure, 1908 for defendant to enter an appearance for filing address for service of notice on him in case of a suit where summary procedure is to be applied ? (A) Seven days from the date of receiving of summons. (B) Ten days from the date of receiving of summons. (C) Fifteen days from the date of r receiving of summons. (D) Thirty days from the date of receiving of summons. 62. Under which of the following provisions of the Code of Civil Procedure, 1908 the appellate court may remit an issue for trial to lower court? (A) Order XLI Rule 23 (B) Order XLI Rule 23-A (C) Order XLI Rule 24 (D) Order XLI Rule 25 63. A is accused of the murder of B by beating him. Which of the following will not be considered as relevant fact forming part of the same transaction as per the Indian Evidence Act, 1872? (A) Whatever said by A or B at the time of beating. (B) Whatever done by A or B at the time of beating. (C) Whatever said by by-standers at the time of beating. (D) Whatever said by A or B a day before the day of beating. 64. Which of the following provisions of the Indian Evidence Act, 1872 says that the confession to police-officer shall not be proved against him? (A) Section24 (B) Section 25 (C) Section 26 (D) Section 27 65. Under which of the following provision of the Indian Evidence Act, 1872 dying declaration may be admitted as evidence? (A) Section 25 (B) Section 29 (C) Section 32 (D) Section 37 66. Which of the following is correct according to the Indian Evidence Act, 1872 pertaining to proof of contents of the documents? (A)Contents of the documents shall be proved by primary evidence. (B) Contents of the documents may be proved by secondary evidence. (C) Contents of the documents shall be proved by both primary and secondary evidence. (D) Contents of documents may be proved either by primary or by secondary evidence. 67. Which of the following is a correct statement as per the Indian Evidence Act, 1872? (A) Leading questions may be asked in examination-in-chief. (B) Leading questions may be asked in cross-examination. (C) Leading questions may be asked in re-examination. (D) Leading question cannot be asked in cross-examination. 68. In which of the following case did the Supreme Court of India clarify the admissibility of electronic record as evidence? (A) Anvar P.V. v P.K. Basheer(The case of Anvar P.V. vs. P.K. Basheer significantly clarified the admissibility of electronic evidence in Indian courts.) (B) State of Haryana v Jai Singh (C) State of Maharashtra v Natwarlal Damodardas Soni (D) State of Punjab v Jagir Singh 69. Which of the following is incorrect statement in the light of Indian Evidence Act, 1872? (A) Confession always go against a person making it. (B) Admissions are conclusive as to the matters admitted.. (C) Admissions may operate as an estoppel. (D) Confession is statement written or oral which is direct admission of suit. 70. Which of the following Section of the Indian Evidence Act, 1872 is an exception to the hearsay rule? (A) Section 32 (1) (B) Section 32(2) (C) Section 32 (3) (D) Section 32(5) 71. Which of the following is not a recognized alternate dispute resolution mechanism under the Code of Civil Procedure, 1908? (A) Arbitration (B) Conciliation (C) Lok Adalat (D) Negotiation 72. Which of the following is incorrect statement with respect to Lok Adalat? (A) No court fee is required in Lok Adalat. (B) Lok Adalat can deal with all civil & criminal matters. (C) Award of Lok Adalat is a deemed decree. (D) No appeal against the award of Lok Adalat is allowed. 73. Which of the following is incorrect with respect to arbitration agreement as per the Arbitration and Conciliation Act, 1996? (A) Arbitration agreement may be written as well as oral. (B) Arbitration agreement may be in the form of a separate agreement. (C) Arbitration agreement may be in the form of an arbitration clause in a contract. (D) Arbitration agreement may be for all or certain disputes which may arise between the parties. 74. In which of the following circumstances an arbitrator may not be challenged as per the Arbitration and Conciliation Act, 1996? (A) When a justifiable doubt as to his independence arises. (B) When a justifiable doubt as to his impartiality arises. (C) When he possesses the qualifications agreed by the party. (D) When he becomes ineligible as per the seventh schedule of the Act. 75. When may two persons be said to be related to each other by half-blood in accordance with the Hindu Marriage Act, 1955.? (A) When they are descended from a common ancestor by the same wife. (B) When they are descended from a common ancestor by different wives. (C) When they are descended from a common ancestress by different husbands. (D) When they are not descended from a common ancestor at all. 76. Which of the following is generally not considered as a valid condition for a Hindu marriage as per the Hindu Marriage Act, 1955? (A) The parties should not have a spouse living at the time of the marriage. (B) The parties should be within the degrees of prohibited relationship. (C) The parties should not be sapindas of each other. (D) The parties should not be suffering from epilepsy. 77. Section 13(1) of the Hindu Marriage Act, 1955 provides for the following: i. Grounds for restitution of conjugal rights ii. Grounds for judicial separation iii. Grounds for divorce (A) i & ii (B) ii & iii (C) iii & i (D) Only iii 78. What is the meaning of the batil marriage in Muslim Law? (A) Valid marriage (B) Voidable marriage (B) Void marriage (D) Irregular marriage 79. What is 'a contract of marriage which may be dissolved by the wife under a power delegated to her' called under the Muslim Law ? (A) Talaq-us-sunnat (B) Talaq-ul-biddat (C) Talaq-i-tafweez (D) Talaq-a-hasan 80. A Hindu boy and a Hindu girl may be married under the following law: i. The Hindu Marriage Act, 1955 ii. The Special Marriage Act, 1954 (A) Only i is correct. (B) Only ii is correct. (C) Both i and ii are correct. (D) Neither i nor ii is correct. 81. Through which of the following Amendment Act the rights in the coparcenary property is made available to a girl child as well? (A) The Hindu Succession (Amendment) Act, 2002 (B) The Hindu Succession (Amendment) Act, 2004 (C) The Hindu Succession (Amendment) Act, 2005 (D) The Hindu Succession (Amendment) Act, 2006 82 What should be the age difference between the adoptive father and his adopted daughter for a valid adoption? (A) 15 years (C) 21 years (B) 18 years (D) No specific age difference required. 83. Which of the following case may be considered as the first reported case of PIL in India? (A) S.P. Gupta v Union of India (B) Hussainara Khatoon v State of Bihar(Hussainara Khatoon v. State of Bihar (1979) was the first PIL case in India that focused on the inhuman conditions of prisons and led to the release of more than 40,000 under-trial prisoners.) (C) M.C. Mehta v Union of India (D) Kalyaneshwari v Union of India 84. Who among the following is considered as the father of PIL in India? (A) Justice S.R. Das (B) Justice V.R. Krishna lyer (C) Justice P.N. Bhagwati(Justice Bhagwati has been called the father of public interest litigation in India due to his contribution to Public Interest Litigation jurisprudence. Justice Bhagwati was Chief Justice of India from July 12, 1985, to December 20, 1986.) (D) Justice H.R. Khanna 85. Against which of the following a PIL cannot be filed? (A) Against a State Government (B) Against Central Government (C) Against a private party (D) Against Municipal Corporation) 86. In the light of the guidelines issued by the Supreme Court of India on which of the following issue a PIL cannot be entertained by the Court? (A) Bonded labour matters. (B) Petition from jail for pre-mature release. (C) Matters pertaining to neglected children. (D) Petitions against police for refusing to register a case. 87. In which of the following landmark case it was held that Principles of Natural Justice were applicable not only to judicial and quasi-judicial functions, but also to administrative functions? (A) A.K. Kraipak v Union of India (B) Ram Jawaya Kapoor v State of Punjab (C) Sonik Industries Rajkot v Municipal Corporation, Rajkot (D) Maneka Gandhi v Union of India 88. In which of the following judgment the Supreme Court had comprehensively reconsidered S.P. Sampath Kumar v Union of India case? (A) J.B. Chopra v Union of India (B) L. Chandra Kumar v Union of India (C) R.K. Jain v Union of India (D) S.K. Sarkar v Vinay Chandra Mishra 89. Who among the following defined administrative law as 'the law relating to the control of governmental power'? (A) Ivor Jennings (B) Wade (C) K.C. Davis (D) Garner 90. What penalty is prescribed for persons illegally practising in courts under the Advocate Act, 1961? (A) Imprisonment upto 3 months (B) Imprisonment upto 6 months (C) Imprisonment upto 9 months (D) Imprisonment upto 12 months 91. Which provision of the Advocate Act, 1961 empowers the Bar Council of India to prescribe the standard of professional conduct and etiquette to be observed by advocates ? (A) Section 42 (B) Section 42A (C) Section 48A (D) Section 49 92. Which of the following is incorrect according to the Bar Council of India Rules ? (A) An Advocate can plead in any matter in which he is himself pecuniarily interested. (B) An advocate shall appear in court at all times only in the prescribed dress. (C) An Advocate shall not stand as a surety for his client. (D) An Advocate shall not influence the decision of a court by any improper means. 93. Which of the following authority acts as an appellate authority against the order made by the disciplinary committee of the Bar Council of India? (A) Chairman of the Bar Council of India (B) Vice-chairman of the Bar Council of India (C) High Courts (D) Supreme Court of India 94. In which of the following situations a one person company (OPC) will mandatorily get converted into either private or public company? (A) In case the paid-up share capital of an OPC exceeds twenty-five lakh rupees. (B) In case the paid-up share capital of an OPC exceeds fifty lakh rupees. (C) In case the paid-up share capital of an OPC exceeds seventy-five lakh rupees. (D) In case the paid-up share capital of an OPC exceeds one crore rupees. 95. What is the minimum number of directors required for a public company as per the Companies Act, 201 (A) 2 (B) 3(Section 149(1) of the Companies Act, 2013 requires that every company shall have a minimum number of 3 directors in the case of a public company, two directors in the case of a private company, and one director in the case of a One Person Company. A company can appoint maximum 15 fifteen directors.) (C) 5 (D) 7 96. In which of the following case the Supreme Court of India had explained the Precautionary Principle in details? (A) Vellore Citizens' Welfare Forum v Union of India(The Court applied the 'Precautionary Principle' as explained by it in Vellore case and observed – The environmental measures must anticipate, prevent and attack the causes of environmental degradation.) (B) A.P. Pollution Control Board v M.V. Nayudu (C) Indian Council for Enviro-Legal Action v Union of India (D) M.C. Mehta v Kamal Nath 97. Which of the following is a landmark case on the public trust doctrine in the Environmental Law? (A) Vellore Citizens' Welfare Forum v Union of India (B) Olga Tellis v Bombay Municipal Corporation (C) Indian Council for Enviro-Legal Action v Union of India (D)M.C. Mehta v Kamal Nath(Kamal Nath was a landmark case in Indian environmental law. In the case, the Supreme Court of India held that the public trust doctrine applied in India) 98. In which of the following case Section 66A of the Information Technology Act, 2000 wasstruck down by the Supreme Court? (A) Shreya Singhal v Union of India(under Section 66A of the Information Technology Act 2000, which was struck down as unconstitutional by the Court in 2015 in the Shreya Singhal Case.) (B) Kartar Singh v State of Punjab (C) K.A. Abbas v Union of India (D) Maneka Gandhi v Union of India 99. In which of the following case an electronic record shall not be attributed to the originatoras per the Information Technology Act, 2000? (A) Electronic record sent by the originator himself. (B) Electronic record sent by an authorised person. (C) Electronic record sent by an automated system programmed by him. (D) Electronic record sent by an unauthorized person. 100. What is the maximum period for which any woman shall be entitled to maternity benefit under the Maternity Benefit Act, 1961? (A) 6 weeks (B) 8 weeks (C) 12 weeks (D) 26 weeks AIBE-18 English [Set Code-D] www.lawtool.net

Israel-Palestine Dispute 1917 to 2023 When and how did the fight between these two countries start? The dispute between Israel and Palestine has deepened again. What is the reason for this and when did it start? It is being said that Hamas has attacked Israel with a total of 5 thousand rockets. After this incident, Israel has declared a state of war alert on record. Many Israeli citizens have died and many are injured in this attack. The thing to note is that there is a geo-political angle also hidden behind this terrorist attack by Hamas. Now many people will not know what geo-politics angle of politics . what is geopolitics angle Geo' means Earth, here it means the influence of geographical factors. The word 'Politics' is related to the interest based activities associated with the governance of a country or state or region. Geopolitics refers to the effects of geography on power relations in international relations. The term geopolitics was originally coined by Swedish political scientist Rudolf Kjellén in 1899. It was used during World War. (1918–39) and came into use throughout the world during the latter. Geopolitics is the geographical cause of international politics. Political events started from the geography of the region concerned. It is the study of the influence of geography/geographical factors (location, territory, climate, natural resources, demographic factors, topography, etc.) on politics and international relations. Later, many German writers such as Karl Haushofer (1869–1946), Erich Ernst Hermann Lautensch and Otto Maul. In 1923, Karl Haushofer founded the Zeitschrift für Geopolitik Geopolitik, which was later used in propaganda for Nazi Germany. The study of the effects of geography on international politics and international relations is called geopolitics. In other words, geopolitics is a method of studying foreign policy that works to understand, explain and predict international political activities. This term geopolitics was first used by Rudolf Zelen in 1899. The objective of geopolitics is to study the relationship between states and the impact of geographical dimensions of their mutual situation. There are many historical phases of its study, such as the competition in Asia between British imperialism and Russian Tsarism during the colonial period, then the competition between American imperialism and the Soviet Union during the Cold War period, etc. There are many such examples, which can be called important phases of geopolitics. Recently, a report came out regarding the defense pact between America and Saudi Arabia, in which Saudi Arabia is planning a deal with America. It is mentioned in this defense pact that America will guarantee the security of Saudi Arabia. In return, Saudi Arabia will back down from its demands regarding Palestine. According to many media reports, America is very eager about this deal and is going to accept it soon. Just a few days before this deal, Hamas attacked Israel with five thousand rockets. This attack has pushed Israel towards war in the Gaza Strip. Not only this, this war will also put pressure on the defense pact between America and Saudi Arabia. Many meanings of this attack are emerging in global politics. Israel and Palestine are two countries whose dispute has been going on for a long time. Many agreements were made to establish peace and end differences between the two countries, but the outcome was nothing special. Today, through this article, we will tell you about all the reasons due to which the dispute between these two countries increased day by day. There has been a clash between Israel and Hamas once again. Hamas has claimed to have fired 5000 rockets at Israel from the Gaza Strip. Israel has also responded to the Palestinian extremist organization Hamas. An encounter is taking place between Israeli soldiers and Hamas fighters near the Gaza Strip. Israel has started attacking the Gaza Strip. This is not the first time that there has been a war between Israel and the Palestinian extremist organization Hamas. There was a war between the two in 2021 also. What is the Israel-Palestine dispute? The conflict between Israel and Palestine dates back to the fall of the Ottoman Empire. During this period, the widespread influence of nationalism was being seen throughout Europe. Many countries were divided into pieces. The wave of nationalism was uniting them. Countries like Italy and Germany were uniting in the name of nationalism. Its influence was also seen among the Jews. The feeling of nationalism also arose among the Jewish people. He had a longing to go back and settle in his holy place. This is where the Zionist movement begins. In the 19th century, this holy land of the Jews was known as Palestine. During this period, Jews were scattered throughout Europe. They were exploited a lot in Europe. During the Zionist movement, initially there was a small-scale migration of Jews towards Palestine. comes after this....... The period of the First World War. The Balfour Declaration came in 1917. Many people believe that the Balfour Declaration was the main reason that gave rise to the Israel-Palestine conflict. Balfour Declaration In 1917, during World War I, the Ottoman Empire was on the verge of defeat. At that time Britain's Foreign Minister Sir Arthur Balfour issued a declaration. In this declaration it was indicated that Britain would give the Jews their holy land Palestine and get them resettled there. On the other hand, Britain secretly signed the Sykes-Picot Agreement with France and Russia. Under this, he divided the entire Middle East into different parts and decided which country would go to whose part after the end of the First World War. In this he kept Palestine in his share. Syria and Jordan were given to France. Some part of Türkiye went to Russia. On one hand, Britain collectively said that we would give Palestine to the Jews. On the other hand, he secretly kept this share with himself under the Sykes-Pico Agreement. Balfour Declaration: The foundation of the Israel–Palestine conflict was laid in 1917 when the then British Foreign Secretary Arthur James Balfour expressed Britain's official support for a "National Home" for the Jews in Palestine under the Balfour Declaration. Creation of Palestine: Unable to stop Arab and Jewish violence, Britain withdrew its forces from Palestine in 1948 and left it to the newly created United Nations to settle the competing claims. Arab-Israeli War (1948): Following the Jewish declaration of independence of Israel in 1948, neighboring Arab states began attacking Israel. At the end of these wars Israel controlled approximately 50% more territory than the UN partition plan required. UN Partition Plan: According to this plan, Jordan gained control of the West Bank and the holy sites of Jerusalem and Egypt gained control of the Gaza Strip but it failed to resolve the Palestinian crisis which led to the formation of the Palestine Liberation Organization in the year 1964. Happened. Palestine Liberation Organization (PLO): The Palestine Liberation Organization was established with the aim of liberating Palestine from Israeli and Jewish domination and establishing the dominance of Muslim states over Arab states. The United Nations granted observer status to PLO in the year 1975. And recognized the right of Palestinians to self-determination. Six-Day War: In the 1967 war, the Israeli army captured the Golan Heights from Syria, the West Bank and East Jerusalem from Jordan, and the Sinai Peninsula and Gaza Strip from Egypt. Camp David Accords (1978): The US-brokered "Framework for Peace in the Middle East" provided a platform for peace talks between Israel and its neighboring states and a solution to the "Palestinian problem", but its usefulness was negligible. doing. Rise of Hamas: Year 1987: Hamas was a violent branch of the Egyptian Muslim Brotherhood, which wanted to fulfill its agenda through violent jihad. Hamas: America considers it a terrorist organization. In 2006, Hamas won the Palestinian Authority legislative elections and in 2007, it separated Fatah from Gaza, also dividing the Palestinian movement geographically. 1987: Tensions reach a peak in areas under their control of the West Bank and Gaza, resulting in the First Intifada (Palestinian uprising). It turned into a small war between Palestinian militants and Israeli forces. Oslo Accords: Year 1993: Under the Oslo Accords, Israel and the PLO agreed to officially recognize each other and stop violent activities. The Oslo Accords also established the Palestinian Authority, which granted limited autonomy to the Gaza Strip and parts of the West Bank. Year 2005: Israel started deporting Jews from Gaza area. However Israel maintained tight surveillance of all border crossings. Year 2012: Palestine's status in the United Nations is now that of "non-member observer state". Israel's Territorial Disputes With Neighboring Countries: West Bank: The West Bank is located between Israel and Jordan. Ramallah is one of the major cities of the West Bank, being the de facto administrative capital of Palestine. Israel captured it in the 1967 war and has also established settlements there in the last few years. Gaza: The Gaza Strip is located between Israel and Egypt. Israel took control of it after 1967, but relinquished control of Gaza City and day-to-day administration of most of the area during the Oslo Peace Process. Israel unilaterally removed Jewish settlements from the Gaza Strip in 2005, but it continues to control access by other states. Golan Heights: Israel captured the Golan Heights from Syria during the 1967 war and completely occupied it in 1981. Recently the United States has officially recognized Jerusalem and the Golan Heights as part of Israel. Relations Between Israel And India: India's stance on the Israel-Palestine conflict: India recognized Israel in the year 1950 but is also the first non-Arab country to recognize the Palestine Liberation Organization (PLO) as the sole representative of Palestine. India was one of the first countries to grant statehood to Palestine in 1988. In recent times, India is seen moving towards de-hyphenation policy. De-hyphenation policy: India's policy on the world's longest-running Israel-Palestine conflict has varied from being clearly pro-Palestine for the first four decades to balancing it with its friendly relations with Israel in the last three decades. In recent years, India's position is also being seen as pro-Israel. Additionally, India believes in a two-state solution regarding the Israel-Palestine conflict and wants to achieve a peaceful settlement between the two countries. Proposes the right of self-determination for countries. Impact of the attack on Israel-Saudi Arabia relations: One reason for Hamas' attack on Israel can be considered to be to disrupt efforts to bring together Saudi Arabia and Israel as well as other countries that want to make their relations friendly with Israel. The world at large wants a peaceful solution. There is a need to come together for this but the reluctance of the Israeli government and other concerned parties has further aggravated the issue. A balanced approach will help maintain favorable relations with Arab countries as well as Israel. Recent normalization agreements in relations between Israel and the United Arab Emirates, Bahrain, Sudan and Morocco, called the Abraham Accords, Let's display. All regional powers should envisage peace between the two countries on the lines of the Abraham Accords. India is currently a non-permanent member of the UN Security Council for 2021-22 and has been re-elected to the Human Rights Council for 2022-24. Was. India should use these multilateral forums to act as a mediator to resolve the Israel-Palestine issue. What is the geography of Israel-Palestine? Israel is a Jewish country present in the Middle East. The West Bank is present in its eastern part, where the 'Palestine National Authority' runs the government for the Palestinian people. It has been recognized by the United Nations. There is a strip on the south-western part of Israel, which is surrounded on two sides by Israel, on one side by the Mediterranean Sea and on the other side by Egypt. It is known as Gaza Strip. The West Bank and Gaza Strip are commonly known as Palestine. There is an Israeli government in Israel, while the Fatah party runs the government in the West Bank. Gaza Strip is under control of Hamas. Only the 'Palestine National Authority' is seen as Palestine. But there is a government in one part of it, i.e. the West Bank, but the government has no control over the other part, the Gaza Strip. Hamas continued to rule here from 2007 until the coup. Jerusalem, the holy city of Islam, Judaism and Christianity, is located in the West Bank. What is the Israel-Palestinian dispute? The Israel-Palestine dispute is more than 100 years old. After the defeat of the Ottoman Sultanate in the First World War, Britain took control of the part known as Palestine. At that time there was no country by the name of Israel. The area from Israel to the West Bank was known as the Palestinian region. Minorities Jewish and majority of Arabs lived here. The Palestinians were Arabs living here, while there is talk of Jewish people coming from outside. The dispute between the Palestinians and the Jews started when the international community asked Britain to establish Palestine as a 'national house' for the Jewish people. The Jews believed that this was the home of their ancestors. Palestinian Arabs, on the other hand, wanted to build a new country here called Palestine. He strongly opposed Britain's move to create a new country. In this way the Palestine-Israeli dispute started. beginning of building a new country There were atrocities against Jews in Europe between 1920 and 1940. Jews fled from there and started arriving here in search of a homeland. The Jews believed that this was their motherland and that they would create their own country here. During this period, violence also took place between Jews and Palestinians. In 1947, the United Nations called for a vote to create separate countries for Jews and Arabs. The United Nations also said that Jerusalem will be made an international city. Although the Jews accepted this statement of the United Nations, the Arab people opposed it. For this reason it was never implemented. When this problem could not be solved by Britain, he left from here. Then in 1948, Jewish leaders announced the creation of Israel. The Palestinians opposed this and thus the first war between the two sides began. By the time the ceasefire came into effect, Israel had a large portion. Controversy over Jerusalem Arab countries like Jordan and Egypt fought for the Palestinian people. But due to their defeat, Palestine remained limited to a small part. The land that came under the control of Jordan was named West Bank. Whereas the area occupied by Egypt was called Gaza Strip. At the same time, the city of Jerusalem was divided between Israeli security forces in the west and Jordanian security forces in the east. All this was done without any peace agreement. When war broke out again in 1967, this time Israel captured East Jerusalem as well as the West Bank and Gaza Strip. Israel withdrew from Gaza, but continues to control the West Bank. Israel claims East Jerusalem as its capital, while the Palestinians consider it their future capital. Most Palestinians still live in the West Bank, while some people are living in the Gaza Strip. The city of Jerusalem is very important for all three religions, Judaism, Islam and Christianity. Al-Aqsa Mosque is present in Jerusalem, which is considered one of the holiest mosques in Islam. There is also the Temple Mount here, where people of Jewish religion pray. At the same time, the Church of the Holy Spirit is present in the quarter of Christians in Jerusalem, which is their main place. This place is central to the story of Jesus Christ's death, crucifixion and resurrection. This is the reason why there has been conflict between people of all three religions regarding this city. The current bloody conflict between Israel and Palestine is not showing any signs of stopping. The Prime Minister of Israel has made it clear that now Israel will not tolerate any conflict. There is no going back recently. At the same time, the Hamas organization, which has influence in Palestine's Gaza Strip, is also not in favor of a ceasefire. Therefore, experts say that the current Israel and Palestine conflict will increase a lot of instability in the Middle East (ie West Asia) and its dire consequences. It is possible that terrorism may again gain momentum in the Middle East due to this conflict. Apart from this, the Iran Nuclear Deal may also be adversely affected. Reasons for the current conflict between Israel and Palestine The current conflict between Israel and Palestine began over the Al-Aqsa Mosque in Jerusalem. The conflict that started with the Al-Aqsa Mosque soon took a wider form. While Israel attacked Hamas positions in Palestine's Gaza Strip, Hamas also fired thousands of rockets at Israel. To protect itself from the rockets fired by Hamas from the Gaza Strip, Israel deployed its 'Iron Dome Air Defense System' ( Iron Dome air defense system has been used. It is noteworthy that Al-Aqsa Mosque located in Jerusalem is considered very sacred by the followers of Islam. It is the third holiest site for the followers of Islam along with Mecca and Medina. However, Jews and Christians also belong to this mosque. It is noteworthy that Jerusalem is a holy place for the followers of three religions (Judaism, Christianity and Islam). In the year 2016, UNESCO rejected the claim of Jews from Al-Aqsa Mosque. Was. UNESCO had said in its proposal that there is no historical evidence for the claims of Jews on Al-Aqsa Mosque. However, the Jews are not ready to accept such a proposal. Israel-Palestine Dispute 1917 to 2023 www.lawtool.net

Nari Shakti Vandan Adhiniyam 2023 The first bill, Women's Reservation Bill, has been presented by the Central Government in the new Parliament House on 19 September 2023. In the lower house of the Parliament, Law Minister Arjun Ram Meghwal presented this bill to provide 33 percent reservation to women in the Lok Sabha and state assemblies. The Government of India has introduced a bill to reserve one-third seats for women in Parliament and Legislative Assemblies. The bill giving reservation to women in the Lok Sabha was named 'Nari Shakti Vandan Adhiniyam 2023'. Women's Reservation Bill named 'Nari Shakti Vandan A' has been passed by the Parliament. The 128th Amendment to the Indian Constitution is set to expand women's participation in politics and policymaking at the state and national levels. This will certainly create the conditions for more women to lead. This will redefine the nature of political action. This addition would make politics more truly representative. Women Reservation Bill in India - Features, Importance, Debate Recently, the Lok Sabha (LS) and Rajya Sabha (RS), both passed Women's Reservation Bill 2023 (128th Constitutional Amendment Bill) or Nari Shakti Vandan Adhiniyam. The bill reserves one-third of the seats in Lok Sabha, State legislative assemblies and the Delhi assembly. This will also apply to the seats reserved for SCs (Scheduled Castes) and STs (Scheduled Tribes) in Lok Sabha and State Legislatures. What is the Background and Need for this Bill? Background: The discussion upon the reservation of women reservation bill is prevalent since the tenure of Former Prime Minister Shri Atal Bihari Vajpayee in 1996. As the then Government lacked a majority, the Bill could not have been approve Earlier Attempts at Reserving Seats for Women: 1996: First Women Reservation Bill was introduced in the Parliament. 1998 – 2003: Government tabled the Bill on 4 occasions but failed. 2009: Government tables the bill amid protests. 2010: The Union Cabinet passes the Bill and RS passes it. 2014: The Bill was expected to be tabled in LS. Need: There are 82 women Member of Parliaments in LS (15.2%) and 31 women in RS(13%). While the number has increased significantly since the 1st Lok Sabha (5%) but is still far lower than in many countries. According to recent UN Women data, Rwanda (61%), Cuba (53%), Nicaragua (52%) are the top three countries in women representation. Bangladesh (21%) and Pakistan (20%) as well are ahead of India in case of female representation. What are the Key Features of the Bill? Reservation for Women in Lower House: The Bill provided for inserting Article 330A to the constitution, which borrows from the provisions of Article 330, which provides for reservation of seats to SCs/STs in the Lok Sabha. The Bill provided that reserved seats for women may be allotted by rotation to different constituencies in states or Union Territories. In the seats reserved for SCs/STs, the Bill sought to provide one-third of the seats to be reserved for women on rotational basis. Reservation for Women in State Legislative Assemblies: The Bill introduces Article 332A, which mandates the reservation of seats for women in every state Legislative Assembly. Additionally, one-third of the seats reserved for SCs and STs must be allocated for women, and one-third of the total seats filled through direct elections to the Legislative Assemblies shall also be reserved for women. Reservation for Women in NCT of Delhi ( New clause in 239AA): Article 239AA to the constitution grants special status to the Union Territory of Delhi as national capital with regards to its administrative and legislative functioning. Article 239AA(2)(b) was amended by the bill accordingly to add that the laws framed by parliament shall apply to the National Capital territory of Delhi. Commencement of Reservation (New article - 334A): The reservation will be effective after the census conducted after the commencement of this Bill has been published. Based on the census, delimitation will be undertaken to reserve seats for women. The reservation will be provided for a period of 15 years. However, it shall continue till such date as determined by a law made by Parliament. Rotation of Seats: Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament. What are the Arguments Against the Bill? The Bill merely reads that it shall come into effect “after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first Census taken after commencement of the Bill is undertaken. It doesn’t specify the cycle of elections from which women will get their due share. The current Bill does not provide women’s reservation in the Rajya Sabha and State Legislative Councils. The Rajya Sabha currently has lower representation of women than the Lok Sabha. Representation is an ideal that must be reflected in both the Lower and Upper Houses. Note: - The Bill also borrowed from the provisions of Article 334 of the constitution which mandated the parliament to review the provisions of reservation after 70 years of the laws coming into existence. But in the case of the Women's reservation Bill, the Bill provided for the sunset clause of 15 years for the reservation provisions for the women to get reviewed by the parliament. Women visitors at the Parliament House on the day of debate on women’s reservation Bill in the Lok Sabha on September 20, 2023. Twenty-seven years after the women’s reservation Bill was first introduced in Parliament, the Lok Sabha on September 20 passed a Bill with near unanimity to amend the Constitution and provide one-third reservation to women in the Lok Sabha and State Assemblies. The Bill will now be taken by the Rajya Sabha for passage in the remaining two days of the Special Session of Parliament, and might require approval from half of the States. With 454 members of the Lok Sabha supporting the Constitution (One Hundred and Twenty Eighth) Bill 2023, the constitutional requirement of “two-third majority of the members present and voting” was easily met. Women’s Reservation Bill has been tabled in Lok Sabha as the Constitution (One Hundred and Twenty-Eighth Amendment) Bill. In the Lok Sabha and State Legislative Assemblies, women would receive 33% of the seats under the introduced legislation. Articles to be amended: To achieve the goal of women’s reservation, the Bill proposed Amendments to the Constitutional provisions with respect to the NCT of Delhi Article 239AA (Special provisions with respect to Delhi), New Articles to be inserted: The Women’s Reservation Bill also introduced three new articles, namely Articles 330A, 332A, and 334A. The Articles 330A and 332A newly proposed articles want to establish women's reservation in the Lok Sabha and state legislative assemblies. Article 334a included a sunset provision that would gradually end this affirmative action policy after 15 years. Horizontal women’s reservation: It is noteworthy that the bill included provisions for horizontal reservation that cut across different quota categories. Particularly, women from the Scheduled Caste (SCs) and Scheduled Tribes(STs) are proposed to have one-third of the seats allocated for SCs and STs in the Lok Sabha and legislative assemblies. Rotation of seats: The designated seats for female lawmakers may be distributed by rotation to various constituencies within a state or union territory. Majority required: The Women Reservation Bill would require a special majority of the Parliament and ratification by half of the states. That is a two-thirds majority in both the Houses of Parliament and the approval from at least 50% of states. Earliest implementation: However, the earliest moment when one-third of the seats in the Lok Sabha is likely to be occupied by women in 2029 This is because the Bill says that the “provisions relating to the reservation of seats for women shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after (the Bill is passed) have been published.” This provision of the fresh census and delimitation exercise was not part of the Women’s Reservation Bill passed by the Rajya Sabha in 2010. Other Constitutional Amendments Needed to Operationalise the Scheme of Women Reservation Article 82 and Article 170(3) of the Constitution would need to be changed in order to implement delimitation, which is a requirement for the implementation of reservations. Women’s Reservation in Panchayats Article 243D of the Constitution has a provision for the reservation of seats for SCs, STs, and women in Panchayats. History of Women Reservation Bill The Women's Reservation Bill had been introduced in Parliament several times but had not yet been passed into law. Political debates and delays have hindered its progress. The first iteration of the Women's Reservation Bill was presented to the Lok Sabha as the 81st Amendment Bill in September 1996 by the United Front government headed by then-Prime Minister Deve Gowda. 1996: The first iteration of the Women's Reservation Bill was presented to the Lok Sabha as the 81st Constitutional Amendment Bill in September 1996. The Bill was referred to a Joint Parliamentary Committee headed by Geeta Mukherjee after the House rejected it, and the committee's report was presented to Lok Sabha in December 1996. With the Lok Sabha's dissolution, the bill, however, became lapsed. 1998: The bill was reintroduced in the 12th Lok Sabha in 1998, however, the bill lapsed because it did not receive adequate support. It was reintroduced three more times in 1999, 2002, and 2003. The bill did not win a majority of votes despite having support from major political parties. 2008: The bill was introduced in the Rajya Sabha again in 2008. It was approved with 186 votes to one. However, it was never brought up for discussion in the Lok Sabha and became inoperative upon the dissolution of the 15th Lok Sabha. Significance of Women’s Reservation The need for affirmative action to improve the status of women in Indian society is one of the main arguments in favour of the bill. According to statistics released by the Union government, women hold only 14.94% of seats in the Lok Sabha and 14.05% of seats in the Rajya Sabha. In the Lok Sabha of 1952, women accounted for a mere 4.4%, and this figure has only marginally increased to 14.94% following the 2019 Lok Sabha elections. Many state assemblies have less than 10% women as members. Socio-economic significance: Another important claim is that in order to address problems like the high rate of crimes against women, the low participation of women in the workforce, poor nutrition levels, and a skewed sex ratio, women must be represented in the decision-making process. Women's issues are thought to be discussed more effectively in Parliament if there is more women's representation. India comes in at number 127 out of 146 nations in the Global Gender Gap Index, 2023. Concerns in the Women Reservation Bill One of the main concerns of the bill is that women do not form a homogeneous group like a caste would. Reserving seats for women would go against the Constitution's guarantee of equality, according to another argument. Those who support this position claim that if a reservation were implemented, women would not be able to compete on their own merits. Concerns About Perpetuating Gender Disparities: This approach would uphold the existing gender disparities, as it might suggest that women are not being judged based on their qualifications. Diverting Attention from Crucial Electoral Reforms: This strategy shifts the focus away from more significant electoral reform matters, such as the criminalisation of politics and the state of inner-party democracy. Restricts Voter Choice: Reserving parliamentary seats for women restricts voter choice. Some experts suggest alternatives like party reservations. Rotating reserved constituencies in each election might reduce an MP's incentive to work for their constituency. Regarding the participation of women in the Rajya Sabha and important Committees, this Bill is entirely silent. Women’s Representation in Other Countries According to the Inter-Parliamentary Union Report, 2019, the African nation of Rwanda came out on top in the assembly's long-term portrayal with 61.3%, followed by Cuba with 53.2%. Nepal held the 36th position in South Asia with 32.7%. The unfortunate fact is that India came in at 149th with 14.4% portrayals, in stark contrast to Pakistan and Bangladesh. Party line reservation: Countries like France, Korea, and Nepal, among others, have passed quotas as high as 50% of the candidate list. Countries with party quota laws include Argentina, Mexico, and Costa Rica, which also have over 36% female representation in their national legislatures. The Bill's empowerment of women will contribute to the nation's overall development, especially for women, and will help to address the intertwined socioeconomic and political inequality. It is being shown in women's reservation in Panchayats where one-third of the seats in direct panchayat elections are reserved for women as per the 73rd Constitutional Amendment Act of 1992. Women's deliberate exclusion from political participation is unacceptable and a violation of their democratic and constitutional rights, given the systematic undervaluation of their labour in the socioeconomic sphere. Therefore, it is essential for the government to take proactive affirmative action. Although reservation alone cannot completely eradicate India's deeply ingrained gender bias, it is a vital measure to instigate change and ensure equality. This provision can bring qualitative change in Indian democracy. This could shape a new feminist politics in India. The Women's Reservation Bill may strengthen the support base. But will women's participation create a new culture in politics and push back patriarchal norms? Much will depend on how these beneficiaries of women's reservation come to terms with identities like caste, sex and religion, which play a big role in our electoral democracy. In the coming years we are going to see a new face of Indian democracy. Nari Shakti Vandan Adhiniyam 2023 www.lawtool.net

Constitution & Constitutionalism Characteristics of good Constitution, Classification of Constitution, Constitutionalism:- CONSTITUTION:- The word constitution has been derived from the Latin word ' constituere which means 'to establish'. All the states must have a constitution without which there will be anarchy and chaos in the state, the constitution indeed has a special place in the democratic state. But even a dictatorial state needs a constitution, It is to be noted here that the constitution plays an important role in limiting the arbitrary action of the government. Therefore, the basis of a constitution lies in a belief in limited government. Meaning a constitution Constitution is a body of rules and regulations, written as well as unwritten, whereby government is organized and it functions. It is a legal document which is concerned directly or indirectly with the exercise of sovereign power. The rules, regulations and the procedures within which the government is expected to work is known as the constitution. A constitution means a set of principles which outline the, relations between the government and the governed. Constitution discuss the whole system of government of a country on the basis of which certain rules are formed and which are recognized by the courts of law. In short, the constitution is the supreme law of the land. It is the basic structure which defines the power of the state and right and duties of the citizens. Definitions of constitution 1)According to MC Intosh "A constitution is a body of fundamental laws which regulate the most important rights of the higher magistrates and the most essential privileges of the subjects”. 2)According to T.D. Woolsey and C.F. Strong "A constitution is a collection of principles according to which the powers of the government the rights of the governed and the relations between the two are adjusted.” 3)According to R.N. Gilchrist "The constitution is that body of rules and laws which determines the organisation of the government the distribution of the powers to the various organs of the government and the general principles on which these powers ate to be exercised.” 4)According to Brewster A constitution is the basic law of the state which outlines the framework and procedures of Government defines the powers and functions, provides how constitutional charges may be made, and guarantees the citizens protections against certain arbitrary governmental action. 5)Importance of constitution : It must be admitted that constitution occupies an important place in the function of a state mainly, it limits the powers of the government state can exercise the powers and discharge the functions, defined by the constitution of the state. There is less possibility of a government doing injustice to the people. The rights of people guaranteed by the are and the Constitution help the smooth functioning of three branches of the government. It clearly defines their functions which help them to work in their proper sphere. This is very important for the smooth functioning of government sine the constitution reflects the aims and aspirations of the people, the government has to keep in view these aims and aspirations and try to fulfill them. Thus, it will be seen that a state without a constitution is like a sheep without a rudder. There will be no order but chaos in such a state Hence, modern states have constitution. a)Every state needs a constitution. A state without constitution will lead to anarchy and chaos. b)It contains the fundamental rules of the state according to which the sovereign powers of the state is exercised. c)It contains the aims and objectives of the state. It reflects the aims and aspirations of the people. d)It defines the organs of the government and demarcates their powers and function. e)It shows the relationship between the rulers and the people by defining the rights and duties of the citizens, and defining powers and functions of government. f)It discusses whole system of government. g)Entire machinery of the government is organised and worked in accordance with the provisions of the constitution. Classification of constitution Constitution mainly classified into i. Evolved and Enacted ii. Written and unwritten iii. Rigid and Flexible. Evolved constitution An Evolved constitution is one which is not made at one time by any assembly or persons or an institution and which is the result of show and gradual process of evolution. Its rules and principle draw binding force and strength from the fact of their being recognized as ancient time tested and respected customs and conventions. Some of the# conventions stand recognised by law and hence become enforceable while others are followed because of the sanctions of the public opinion, practical utility and moral consciousness in their favour. such constitutions are the results of the historical evolution and political needs of the people. it is a constitution based mostly on the usages, customs and conventions. Such type of constitution is a growth and not a make. The constitution of England presents a key examples of an evolved constitution. Enacted constitution:- An Enacted constitution is non-made constitution, It is made, enacted, and adopted by an assembly or council called a constituent assembly or council after a through discussion over its objectives: principles and provisions, It is written in the from of a book or a series of documents and a systematic and formal manner, It means an enacted constitution is one which is framed by the constitution making body at the particular time, So it is a man made constitution. It describes the process or organization of governmental organs and other aspect of the government. The American constitution of 1787 is the finest example of such constitution. Written and Unwritten Constitution Written Constitution:- The constitution of most countries are written ones. Written constitution is also called an enacted constitution. The written constitution is a deliberate work of an assembly or convention. A constituent assembly or a convention is specially set-up for the purpose of preparing a constitution for the state. Majority of its provisions are written down. It is promulgated on a definite day. Hence, A written constitution is a consciously planned constitution, formulated and adopted by deliberate actions of a constituent assembly or conation, It provides for a definite design of government institutions, their organizations, powers, functions and inter-relationships. It embodies the constitutional law of the state. The government is bound by its provisions. It has to work strictly in accordance with its provisions. It can be amended only by its corresponding provisions. The government, elected representatives and people byknow what they should do, what they can do, and what they cannot do. Features of written constitution :- A written constitution is a conscious act. Most of the provisions are defined. It is the product of a deliberate process, It is framed by a committee of statesmen, lawyers, scholars, and others having good knowledge of the workings of a political system. A constituent assembly or a convention is specially set up to prepare this constitution. It is enacted and promulgated on a fixed day. We can point out the day on which the constitution came into being. Normally a special procedure is followed to make a change in it. Merits of a Written constitution 1)Clear, definite and unambiguous:- A written constitution is precise, it is free from ambiguity. Since it is written, it is C|Par definite. Majority provisions are written down. As such there is no vagueness. They are clea and carry a definite meaning. Since the constitution is deliberately planned and formulated efforts were to made it make it more clear and definite, Thus avoiding vagueness. 2)It promotes stability Since the provisions are written down, the constitution achieves stability in the political life of the people. It is not subject to frequent charges. 3)Ensures protection to the rights A written constitution safeguards fundamental rights. Fundamental rights are very valuable for Individual's freedom and these rights are part of a written constitution. Denial of ' these rights to individuals would amount to the violation of the constitution. It is to be pointed out that the written rights definitely put restrictions on the powers of the powers of the rulers. 4)It is good and essential for federation In modern times written constitution is considered as good and essential in all federal forms of government. There is division of powers between the center and the state. In order to avoid any confusion regarding this division, federations always prefer that this provision should be included in a written constitution. In the absence of a written constitution, the center and units would quarrel and fight. Demerits of written constitution 1) It limits the progress of the country:- A written constitution is too rigid to adapt itself to changing conditions. A written constitution cannot be changed as and when the people like to do so. It is rigid in the sense that it needs special procedure for amending. Some time it takes considerably time to bring about changes in it. It cannot easily meet the requirements of changing times. This situation is not good for the country and achieve the goal of modernization. 2)It becomes a cause of revolution A written constitution may provoke a violent revolution. When a written constitution fails to change with times, the people becon^ impatient and may try to change it through revolts and such demonstrations of disapproval. In short, the people may resort to violent protest and resistance when th government fails to help and give Justice to them. It becomes plaything in the hands of Judiciary :- The framers of written constitutions 3) always try to make every provision as complete as possible and without any loopholes. As a result, it becomes complex and complicated. Common man finds it difficult to understand and interpret. Such a constitution is interested by supreme court with regard to the powers of regional government and the central government. Unwritten constitution :- 4) constitutions, Britain is the classic case of being governed by an unwritten constitution. A small number of states which do not have written From the term unwritten, we can easily make out that its provisions are not written down, An unwritten constitution is one which is neither drafted nor enacted by any assembly or convention. It is a product of slow and gradual evolution. It is not prepared by any constituent assembly or convention. In course of their political development people of a state may develop certain customs, convention, traditions and usages, on the basis of which all its political institutions function. The institutions of the government owe their existence and working to historical events, rules, precedents, and experiences. Hence, unwritten constitution contains many things like customs, conventions, statutes of the parliaments. Judicial decisions, scientific commentaries, etc. However, this should not be taken to mean that an unwritten constitution is totally unwritten. Some of its parts are available in the written form but these do not stand codified in the form of legal documents or code. According to Garner. An unwritten constitution is one in which most and not all, rules are unwritten and these are not found in any one charter or document. In modern times, the British constitution is a singular example of this kind. It becomes clear that An unwritten constitution is not the product of a deliberate act. It grows over time. It is the product of long evolution of a number of customs, conventions and traditions. Features of unwritten constitution :- A. In the unwritten constitution no distinction is usually maintained between ordinary law and constitutional law. Both are passed in the same manner in the parliament. This constitution is mostly unwritten. It is not prepared and enacted by a constituent assembly or convention. It is evolved through the course of history. It is not man-made constitution. D. B. C. No-fixed day or year can be quoted on which it came into being. It mainly consists of customs and conventions developed by the people and the rule and E. statutes passed by the legislature and Judicial decisions of the court of law. F. It is never complete. It is always growing. Merits of an unwritten constitution 1) Elasticity and adaptability It is capable of meeting the demands of time. An unwr constitution mostly depends on customs, conventions, parliamentary statues and jU(jj decisions. All these are flexible elements. New conventions can be established to meet the ** situation. The parliament can pass statutes to meet the demands of the changing times. JU(J** may also give decisions to suit the prevailing circumstances. Therefore, unwritten constitute is adaptable and capable of meeting the demands of time. 2) Safety against revolution It satisfies people's wishes and aspiration. As it changes times without any difficulty, It satisfies people's wishes and aspiration. People do not have to agitate much for its change. Parliament can easily pass the laws and fulfill the people I demands, constitution does not stand in their way. There is less possibility of demonstration for its dis approval. 3) Progressive It would discourage any radical change which is likely to seriously harm the people. If written constitution is considered by many as conservative, unwritten is looked upon as progressive. It is a mirror of public opinion. It reflects the changing trends in public opinion. Demerits of an unwritten constitution 1)It is imprecise, Indefinite and ambiguous Since an unwritten constitution is mostly based on customs, conventions and precedents, it suffers from vagueness. It is not clear and definite. The authority and powers of various organs and offices are not definite, precise and clear. All this is bound to create difficulties in the functioning of government. It may give chance to conflicts among the organs and various offices of government. In short an unwritten constitution gives rise to a lot of scope for conflicting interpretations. 2)It is bad for democracy The provisions of the constitution are not in written form. The people will have to depend for their rights on customs and conventions. The individual may not feel secure about their rights, their rights may be taken away by setting aside those customs and conventions. The people would fail to enjoy their freedom and take active part in the democratic process. Thus, an unwritten constitution is bed for democracy. 3)It is not situation of instability An unwritten constitution suffers from lack of permanence. It is subject to constant charge. As such it is not considered as stable. 4)It is not suitable for federation As the powers of the central government and federa units are not spelled out in a written form, they would fight between themselves about thdn Rigid and Flexible Constitution Constitutions can be classified on the basis of the their amending process into flexible and rigid constitutions. Rigid Constitution The Rigid constitution is one which cannot be easily amended. Its method of amendment is difficult; C.F. strong defines the rigid constitution as "the constitution which requires a special procedure for its alternation or amendment . It means that a rigid constitution cannot be changed or amended by passing a simple law in the legislature or parliament. It requires a separate and special procedure for making any change it. This shows that rigid constitution makes a distinction between constitutional law and ordinary law. It further shows that constitutional law is considered as superior to ordinary law. Features of rigid constitution 1. Rigid constitution is always in a written form. It is precise and unambiguous. 2. Under a rigid constitution, there is always a distinction between constitutional law and ordinary law. Both are different and distinct from each other. 3. For making any change, a special method or a special procedure is necessary. It can not be changed by passing a simple law in the legislature. Special procedure requiring the passing of the amendment proposal by a big majority votes followed by ratification by the people in a referendum. 4. Constitutional law is held as superior to ordinary law of the legislature in a state a rigid constitution. The ordinary laws of the legislature must conform to the provisions of the constitutions. They should not conflict with the provisions of the constitution. 5.Legislature cannot pass any law as it wishes. The authority of the legislature is limited by the constitution. Rigid constitution says about a limited government. Merits of Rigid constitution 1)It provides stability to the political systemSince special method is required to make changes or amendments in it, legislature canchange it as it wishes by passing an ordinary law. Frequent and easy changes are not possible it. The constitution is not a playing of a simple majority of the national legislature. As such' brings stability in the state and government. 2)It is more clear and definiteA Rigid constitution is always in a written form. It is prepared after careful deliberations and discussions. As such it is more clear and definite. There is less vagueness and less ambiguity in it 3)Fundamental rights are more safe Since it cannot be easily changed by passing simple law in the parliaments, fundamental rights can not be easily taken away. In other words, rigid constitution prevents autocratic exercise of the powers by the government. Lastly, constitution can not become a tool in the hands of ruling party exercising the sovereign powers of the State at a particular time. 4)Government cannot act arbitrarily In a rigid constitutional system, constitution is a check on the powers of the legislative and executive bodies. Constitution defines the Jurisdiction of Executive and legislature. It restricts the actions and the Jurisdiction of both. This is the reason that why government cannot act arbitrarily. 5)It is Beneficial for the federal states In a federal system, powers of the centre and of the states are clearly defined. It is not possible for the centre to take away the powers of the states under a rigid constitution. Hence, the rights and powers of the constituent Units are more safe under this constitution. It becomes clear that the rigid constitution is ideal for a federation. 6) There is very less possibility of misuse of powers. Demerits of rigid constitution 1. It is not beneficial in the changing scenario A rigid constitution does not change with changing times. Naturally; it reflects the wishes and ambitions of the people of that period. The overall situation social, political and economic goes on changing. The rigid constitution does not harmonise with period of time. As a result people. become restless. Discontent among the people increases. Constitution does not satisfy the people. They may resort to demonstration. 2.It may be a cause of revolution A constitution which does not change with time is bound to become conservative in due course. The rigid constitution may not remain a leaving document. When it refuses to reflect the changing needs and aspirations of the people, it fails to earn the respect and reverence of the people. As a result revolution may take place. 3. It is a big hurdle to the progress The rigid constitution also proves a hindrance to the development or progress of the people and the nation. It represents the fundamental law according to which all institutions in the nation ought to function. If it fails to take a note of the changing socio-political and economic situation, it is likely to hinder the progress of the nation. 4. It gives under importance to Judiciary Rigid constitution opens the room for Judicial supremacy. Whenever, there is some controversy, matters are taken to the courts for authentic interpretation. As a result. the importance of the Judiciary is considerably increased. Flexible Constitution Flexible constitution is one which can be easily amended. In other words, a flexible constitution is one in which the constitutional law can be amended in the same manner as an ordinary law can be changed. The classic example of flexible constitution is British Constitution. Any new law made by the parliament gives a new rule to the constitution. Thus, it is obvious that there is no distinction between constitutional law and ordinary law. Characteristics of a flexible constitutions. 1. No special procedure or method is necessary for making changes or amendments in a flexible constitution. 2. The country's parliament or legislature can pass an ordinary law and make changes in it. 3. Under this constitution there is no distinction between constitutional law and ordinary law 4.Under this constitution, parliament enjoys supreme powers 5.The procedures for amending constitutional laws and ordinary laws same. Merits of flexible constitution :- 1)It helps to meet emergencies The flexible constitution can be easily changed by passing a simple lav/ in the legrslatu satisfies the demands of the new and changing times, ft helps to meet the emergencies + any trouble. It adapts itself with the changing situation. 2)No chance for revolutionSince, It can be amended by passing a simple law in the legislature, people feel that constitution can fulfill their needs and ambitions without any difficulty they follow a peacrf path to get the lav/ changed to fulfill their ambitions. The*/ do not need to resort to dry­ methods. 3)Reflects the national mindset reflects the spirit of the changing times. It taken into account the changing trends the public opinion. Hence, it really reflects the national minds. 4)Rights and liberties of the people may be tampered The right and liberties of the people are not safe under a flexible constitution. The pre/afex majority in the parliament may take away the rights and liberties of the people by passing simple law. 5)Plaything in the hands of Judicial tribunalBecause judicial courts interpret it according to their own will and give it a meaning of ther own liking and choice. The distinction between Rigid and Flexible constitution. Constitution & Constitutionalism www.lawtool.net

What is 'One Nation One Election'? At present in India, state assembly and country's Lok Sabha elections are held at different times. One Nation One Election means that Lok Sabha and Assembly elections should be held simultaneously in the entire country. That is, voters will cast their votes on the same day, at the same time or in a phased manner to elect members of the Lok Sabha and the state assemblies. After independence, the Lok Sabha and Assembly elections were held simultaneously in 1952, 1957, 1962 and 1967. , but several assemblies were dissolved prematurely in 1968 and 1969. After that the Lok Sabha was also dissolved in 1970. Because of this, the tradition of one country, one election was broken. The issue of holding simultaneous elections for Lok Sabha and state assemblies has been debated for a long time. Prime Minister Modi has also supported this idea and taken it forward. Let us tell you that this issue has been considered by the Election Commission, NITI Aayog, Law Commission and Constitution Review Commission. Recently, the Law Commission had organized a three-day conference to gather the opinions of various political parties, regional parties and administrative officials on the issue of holding simultaneous elections in the country. In this conference, some political parties agreed with this idea, while most of the political parties opposed it. He says that this idea is against the democratic process. Obviously, unless there is a consensus on this idea, it will not be possible to implement it. Through this article we will try to find answers to many questions, like- Why does one country need one election? What is its background? What are the arguments in favor of reintroducing this process in the country? What are its limitations? What is the way forward in this? So let us try to find answers to all these questions one by one. In December 2015, the Law Commission presented a report on One Nation-One Election. It was told that if Lok Sabha and Assembly elections are held simultaneously in the country, then crores of rupees can be saved. Apart from this, due to non-implementation of election code of conduct repeatedly, development work will also not be affected. Keeping these things in mind, it was recommended in 2015 that simultaneous elections should be held in the country. Parliamentary Standing Committee Report (2015) In the year 2015, Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice was formed under the chairmanship of Dr. E.M.Sudarshan Natchiappan. This committee presented its report on 'Feasibility of holding simultaneous elections for the Lok Sabha (Lok Sabha) and State Legislative Assemblies' on December 17, 2015. The committee had said that the following are the obstacles to holding simultaneous elections: (i) The huge expenditure currently incurred in conducting separate elections; (ii) Due to the implementation of Model Code of Conduct during elections, one may have to face a kind of paralyzed system in the implementation of policies. (iii) Impact on delivery of essential services (iv) The burden on manpower deployed during elections will increase Law Commission Draft Report (2018) Law Commission of India which was headed by Justice BS Chauhan. This commission released its draft report on simultaneous elections on August 30, 2018. The report simultaneously looked at legal and constitutional issues related to elections. It was said that under the current structure of the Constitution, simultaneous elections cannot be held. Simultaneous elections to the Lok Sabha and State Assemblies can be held through appropriate amendments to the Constitution, the Representation of the People Act 1951 and the rules of procedure of the Lok Sabha and State Assemblies. The Commission had also suggested that at least 50% of the states should ratify the constitutional amendments. The Commission said that holding simultaneous elections would save public money, reduce the burden on security forces and administrative structures, and improve government policies. This will ensure quick implementation and ensure that the administrative machinery remains engaged in development activities rather than election campaigning. Why is there a need for one country, one election? Elections are an essential process in any vibrant democracy. Healthy and fair elections are the cornerstone of democracy. Conducting uninterrupted and fair elections in a huge country like India has always been a challenge. If we look at the elections held in the country, we find that every year elections are held in some state or the other. Due to this continuity of elections the country is always in election mode. This not only affects administrative and policy decisions but also puts a huge burden on the country's exchequer. To avoid all this, policy makers came up with the idea of ​​holding simultaneous elections for the Lok Sabha and state assemblies. It is noteworthy that apart from these, Panchayat and Municipal elections are also held in the country, but these are not included in one country one election. Let us tell you that One Country, One Election is an ideological initiative to hold simultaneous elections of Lok Sabha and State Assemblies. There can be a never-ending debate on how right and wrong this would be for thecountry. But to bring this idea to the ground, it is important to know its characteristics. Constitution will have to be amended In 1999, the Law Commission had also supported it in one of its reports. In August 2018, the Law Commission's report on one country, one election was also released. The Law Commission report had suggested that elections could be conducted in two phases in the country. The Law Commission had said that holding simultaneous elections would require at least five constitutional recommendations. Union Law Minister Arjun Ram Meghwal had told in Parliament that the Constitution will have to be amended to hold simultaneous elections across the country. For this, amendments were mentioned in Articles 83, 85, 172, 174 and 356 of the Constitution. what is its background Elections have been held simultaneously before also Until 1967, simultaneous elections for state assemblies and the Lok Sabha were common in India. After independence, Lok Sabha and Assembly elections have been held simultaneously in the years 1952, 1957, 1962 and 1967. After the year 1967, Lok Sabha and Assemblies were dissolved several times at different times, due to which this sequence was broken. Some Assemblies were dissolved prematurely in 1968 and 1969 and the Lok Sabha in 1970. A decade later, in 1983, the Election Commission proposed holding simultaneous elections. However, the commission said in its annual report that the then government had decided against it. The Law Commission report of 1999 also emphasized on holding simultaneous elections. Recently Bharatiya Janata Party emphasized. The BJP had stated in its election manifesto for the 2014 Lok Sabha elections that it would try to develop a way of holding simultaneous elections to ensure stability for state governments. One country, one election is not a unique experiment, because it has happened in 1952, 1957, 1962, 1967, when elections for the Lok Sabha and state assemblies were held simultaneously. This sequence was broken when the Legislative Assemblies of some states were dissolved prematurely for various reasons in 1968–69. Let us tell you that in 1971 the Lok Sabha elections were also held ahead of time. Obviously when elections like this have been conducted before then what is the problem in conducting them now. On one hand, some experts believe that now the population of the country has increased a lot, hence it is not possible to hold elections simultaneously, while on the other hand, some analysts say that if the population of the country has increased, then there will be a shortage of technology and other resources. There has also been development. Therefore the possibility of one country one election cannot be ruled out. But all this does not prove its significance, for this we will have to analyze the arguments given in its favor and against. Arguments given in support of one country one election It is said in favor of one country, one election that it is a development-oriented idea. Obviously, due to frequent elections, the Model Code of Conduct has to be implemented again and again in the country. Due to this, the government is unable to take necessary policy decisions and faces problems in implementing various schemes. Due to this development work gets affected. Let us tell you that the Model Code of Conduct or Model Code of Conduct has been created to maintain the fairness of elections. Under this, announcement of any project, launch of new schemes or financial approval and appointment process by the ruling party is prohibited after the election notification is issued by the Election Commission. The underlying objective behind this is that the ruling party does not get additional advantage in the elections. Therefore, if elections for Lok Sabha and State Assemblies are held in the country at one go, then the Model Code of Conduct will remain in force for some time, and after that the development works can be completed smoothly. The second argument in favor of one country, one election is that it will reduce the huge expenditure on repeated elections. It is noteworthy that due to frequent elections, there is additional financial burden on the government treasury. The continuous increase in expenditure on elections is proof that it is not good for the economic health of the country. The third argument given in favor of one country, one election is that it will help in curbing black money and corruption. It is not hidden from anyone that black money is used openly by political parties and candidates during elections. Although a limit has been set on the expenditure incurred by candidates in elections in the country, no limit has been set on the expenditure incurred by political parties. Some analysts believe that frequent elections provide an opportunity to politicians and parties to disrupt social harmony, which creates situations of unnecessary tension. Such problems can be avoided by holding simultaneous elections. The fourth argument in favor of this is that by holding elections simultaneously, there will be no need to put government employees and security forces on election duty again and again. This will save their time and they will also be able to perform their duties properly. Let us tell you that for conducting elections here, services of teachers and government employees are taken, due to which their work gets affected. Not only this, a large number of police and security forces are deployed to conduct uninterrupted elections. Apart from this, common people's life is also affected due to frequent elections. Why oppose one country one election? Analysts against One Country One Election believe that the Constitution has provided us with a parliamentary model under which the Lok Sabha and the Legislative Assemblies are elected for five years, but our Constitution is silent on the issue of holding simultaneous elections. There are many provisions in the Constitution which appear to be completely contrary to this idea. For example, under Article 2, Parliament can include a new state in the Indian Union and under Article 3, Parliament can create a new state, where separate elections may have to be held. Similarly, according to Article 85(2)(b), the President can dissolve the Lok Sabha and according to Article 174(2)(b), the Governor can dissolve the Legislative Assembly even before five years. Under Article 352, the tenure of the Lok Sabha can be extended by imposing national emergency in the event of war, external aggression or armed rebellion. Similarly, under Article 356, President's rule can be imposed in the states and in such a situation, the possibility of re-election increases due to an unexpected reversal in the political equation of the concerned state. All these circumstances are completely contrary to one country one election. The second argument given against one country, one election is that this idea would be contrary to the federal structure of the country and would be a fatal step for parliamentary democracy. If elections for the Lok Sabha and state assemblies are held simultaneously, the tenure of some assemblies will be increased or reduced against their wishes, which may affect the autonomy of the states. The federal structure of India is inspired by the parliamentary system of governance and the frequency of elections in the parliamentary system of governance is an irrefutable fact. The third argument against one country, one election is that if elections for the Lok Sabha and state assemblies are held simultaneously, then there is a greater possibility that regional issues may become secondary to national issues or, on the contrary, national issues may lose their existence in front of regional issues. Give. In fact, the nature and issues of Lok Sabha and Assembly elections are completely different. While Lok Sabha elections are held to form the national government, Assembly elections are held to form the state government. Therefore, while issues of national importance are given prominence in the Lok Sabha, issues of regional importance remain at the forefront in the Assembly elections. The fourth argument against this is that democracy is called the rule of the people. Being a parliamentary system in the country, elections are held at different times and the public representatives have to remain continuously accountable to the public. Apart from this, no party or leader can act autocratically after winning an election because it has to face some election at short intervals. Analysts believe that if both the elections are held simultaneously, the chances of this happening will increase. The fifth argument given against One Country One Election is that India is the second largest country in the world in terms of population. Therefore, in the absence of large population and infrastructure, it does not seem logical to hold elections for Lok Sabha and state assemblies simultaneously. There is no major flaw in the concept of one country, one election, but the way political parties are opposing it, it seems that it is not possible to implement it in the near future. There is no doubt that India, the world's largest democracy, seems to be surrounded by electoral maze all the time. There is a need to launch a comprehensive electoral reform campaign to free the country from this maze of elections. This includes improving the Representation of the People Act, curbing black money, stopping increasing criminalization in politics, creating political awareness among the people so that inclusive democracy can be established. If 'one country one tax' i.e. GST can be implemented in the country then why can't there be one country one election? Now the time has come that all political parties should debate this issue with an open mind so that it can be implemented. Why has former President Ramnath Kovind been made the chairman of the One Nation One Election committee? Ramnath Kovind was born on 1 October 1945 in Paraunkh village of Derapur tehsil of Kanpur. In 1977, he became the personal secretary of the then PM Morarji Desai. In 1978, Kovind was appointed as a lawyer in the Supreme Court. Between 1980 and 1993, he also served on the Centre's Standing Council in the Supreme Court. Kovind was a Rajya Sabha member from 1994 to 2000 and then from 2000 to 2006. Appointed Governor of Bihar in August 2015. Ramnath Kovind has been the Dalit face of BJP. He has been the President of Dalit BJP Morcha. Has been the President of All India Koli Samaj. Kovind has been the national spokesperson of BJP, but he remained so far away from the limelight that he never appeared on TV while being the spokesperson. Ramnath Kovind was elected President of India on 25 July 2017 and completed a tenure of 5 years. Ramnath Kovind's profile shows that he has understanding of both politics and law. Apart from this, his coordination with Modi government is good. Even other opposition parties will not be able to openly oppose his appointment in the One Nation One Election Committee because he has been a Dalit face and the President of the country. Ramnath Kovind has agreed to 'One Nation One Election' on many occasions. In a 2018 parliamentary speech, he had said, 'Frequent elections not only put a heavy burden on human resources, but also hinder the development process due to the implementation of the Model Code of Conduct.' What will be the process to implement One Nation One Election in the country? The Law Commission had issued a public notice in April 2018 detailing the amendments in this regard. According to the Law Commission, the proposal of One Nation One Election will also affect Article 328 of the Constitution, for which approval of maximum states may have to be taken. According to Article 368(2) of the Constitution, such an amendment requires the approval of a minimum of 50% of the states, but under 'One Country, One Election', the rights and jurisdiction of the Legislative Assembly of each state may be affected. In this case, approval may be required from the Legislative Assemblies of all the states. After this, amendments will have to be made in many other laws including the Representation of the People Act. On August 30, 2018, the Law Commission headed by Justice BS Chauhan also said that One Nation One Election cannot be conducted in the country under the current structure of the Constitution. For this, changes will be required in the Representation of the People Act 1951 of the Constitution. Apart from this, there will be a need to amend the rules made for the functioning of Lok Sabha and Assemblies. Countries where simultaneous elections are held: In South Africa, elections for the national and provincial assemblies are held every five years, and municipal elections are held every two years. In Sweden, elections for the national legislature (Riksdag) and provincial legislature/county councils (Landsting) and local bodies/municipal assemblies (Kommunfullmaktige) are held every four years on a fixed date, i.e. the second Sunday of September, but in most other large democracies they are held simultaneously. There is no such system of elections. In Britain, the Fixed Term Parliaments Act, 2011 was passed to provide a sense of stability and predictability to the British Parliament and its tenure. It provided that the first election would be held on May 7, 2015, and every fifth year thereafter on the first Thursday of May. Article 67 of the Basic Law of the Federal Republic of Germany proposes a constructive vote of no confidence (dismissing the incumbent and electing a successor). Conclusion Elections are held at different places every few months and this hampers development work. Therefore, to prevent the impact of the Model Code of Conduct on development work every few months, it is necessary to have an in-depth study and discussion on this idea. There should be a consensus on whether the country needs one nation, one election or not. All political parties should at least cooperate in discussing this issue, once the controversy starts, public opinion can be taken into account. India being a mature democracy can follow the outcome of these discussions. One Country OneElection' (OCOE) Issue 2023 www.lawtool.net

Why E West is in discussion today? Due to the rapidly growing urbanization, digitization and population growth, e-waste is increasing rapidly around the world. In view of the growing problem of e-waste management and the ever-increasing challenges of dealing with it, in November 2022, the Ministry of Environment and Forests notified a new set of e-waste rules, which has come into effect from 1st April 2023. And the discussion is also because the environment And the rules which have been notified by the Forest Ministry from 1st April 2023, those rules address some issues and remain silent on some issues. What is E-Waste? E-waste means such electrical and electronic goods which are thrown away when they get damaged or do not function properly. E-waste is short for electronic waste and is a term used to describe old or discarded electronic devices. It includes many components, consumables and parts. Major components of e-waste regulations in India (EPR-Extended Producer Responsibility) The first set of e-waste rules were notified in 2011 and came into force in 2012. The rules that were notified in 2011mentioned Extended Producer Responsibility (EPR). Under this, after the consumer discards any electric or electronic product, the manufacturer will be responsible for its safe disposal. Authorization and Product Stewardship The E-Waste Rules 2016, which provided for authorization and promotion of product management, were amended in 2018 to include other categories of stakeholders, such as Producer Responsibility Organizations. E-waste Management Rules 2022 The Ministry of Forest and Environment had notified the rules related to e-waste in November 2022 itself, which will now be implemented from April 1, 2023. To spread awareness about the notified rules, the Union Ministry of Forest and Environment has proposed to conduct an awareness campaign in all states and union territories from 1 January 2023 to 31 March 2023. During this campaign, information related to electronic and electrical products will be given to the industries present in all the states and union territories. Background of E-Waste Management Rules 2022 The Union Ministry of Forest and Environment has notified the E-Waste Management Rules 2022 under the Environment Protection Act 1986, which will come into force from April 1, 2023. Under the Waste Management Rules 2022, the Central Government has increased the number of items falling in the e-waste category from 21 to 106. Challenges related to e-waste management in India low participation of people Very few people show interest in making used electronic devices available for recycling, that is, if any electronic item gets damaged, it is just thrown here and there. A big reason behind doing this is that there are many such products available in the market, which once get spoiled, they cannot be made again. What I mean to say is that when you reach the market in case the product is damaged, you are told by the concerned shopkeeper that this product cannot be repaired.Due to this, e-waste is increasing further. Keeping this in view, in recent years, efforts are being made to pass Right to Repair laws in many countries around the world. If e-waste has to be managed properly, it will be possible only with public participation. Health Hazards E-waste contains more than 1,000 poisonous substances, which contaminate the soil and ground water and affect all living beings. Lack of incentive schemes There are no clear guidelines for disposal of e-waste for the unorganized sector. Also, till date no scheme has been brought by the government to encourage people to adopt formal route for disposal of e-waste. Buy only as much as you need Some people buy many different types of items just for the sake of hobby, although they are unable to use them and throw them in the garbage one day or while purchasing the items, they do not keep in mind that the item they are purchasing is However, the manufacturer cannot recycle or reuse it. This further increases e-waste, so to contribute to waste disposal and management, when purchasing any item, check whether the manufacturer can recycle it or not. Also keep in mind that buy such items which will last for a long period. Donate e-waste Many times it happens that we have many such things, which after being used or becoming old, we leave them at home and buy new ones. Whenever any electronic item is kept unused for a long time, it gets spoiled and then it is thrown in the garbage. Like- mobile, laptop, toys… etc. So in this type of situation, we should give such things to such people who can use them and also need them. In such a situation, there will be no e-waste and the item will also be used. Sell ​​unused products If we have any such item in our house or house which is of no use to us or is damaged, then it would be better to sell it rather than throwing it here and there. By doing this, that time can be managed properly, which will play an excellent role in the disposal and management of e-waste. Awareness of recycling possibilities To make people aware that while purchasing any item, we must check whether the item we are purchasing can be recycled or not. Any item that can be recycled does not create waste, meaning it can be reused. Apart from this, buy a product which will last for a long time. By doing this, we do not have to buy anything again and again and because of this, old things do not accumulate with us, which are called garbage. E-waste related questions Question: When did the new rules of e-waste management come into force? Answer: 1 April 2023 Question: When was the new rule for e-waste management, which came into effect on April 1, 2023, notified? Answer: November 2022 Question: The number of items falling in e-waste category has been increased from 21 to how many? Answer: 106 Question: Which electronic item is not included in the E-Waste Management Rules 2022? Answer: Waste batteries Question: Where has India's first e-waste clinic been set up to segregate, process and dispose waste from domestic and commercial units? Answer: Bhopal, the capital of Madhya Pradesh E-waste management refers to the process of properly disposing of electronic waste, which includes any electronic device or component that has reached the end of its useful life. Some strategies E-waste management of are as follows: Reduce: The first step in e-waste management is to reduce the amount of electronic waste generated. Reuse: Reusing electronic devices and components is another way to reduce the amount of e-waste. Recycle: Recycling is the most common and effective method of managing e-waste. It involves extracting useful materials such as metals, glass, and plastics, which can be used to manufacture new products. Disposal: If electronic devices cannot be reused or recycled, they should be disposed of properly. In short, e-waste management is crucial for protecting the environment and human health. Byreducing, reusing, recycling, and properly disposing of electronic devices, we can minimize the negative impact of e-waste and create a sustainable future. From 2023 onwards, Producers must comply with the E-Waste recovery targets set up by the E-Waste (Management) rules and the average lifetime of products is used to calculate these targets. Below is the recycling rate given which the producers are required to reach: The average life for 85 categories of EEE items is proposed. A few examples are given below and the complete list can be found here: link: https://cpcb.nic.in E-Waste recycling target is calculated as per the rules by multiplying sales volume of EEE item in year (Y) and E-waste recycling rate. Example: Recycling target for the above EEE item “scanners” in 2023 can be calculated as follows: What are the provisions regarding e-waste in India? There is a formal set of rules for electronic waste management in India, these rules were first announced in the year 2016 and amended in the year 2018. Recently the Ministry of Environment, Forest and Climate Change issued a draft notification for electronic waste management. The Ministry of Environment, Forest and Climate Change notified the E-Waste Management Rules, 2016 in supersession of the E-Waste (Management and Handling) Rules, 2011. More than 21 products (Schedule-I) were included in the scope of the rule. This includes compact fluorescent lamps (CFL) and other mercury-containing lamps, as well as other such devices. For the first time the rules brought producers under extended producer responsibility (EPR) with the aim of Producers are made responsible for the collection and disposal of e-waste. Different producers may have a different Producer Responsibility Organization (PRO) and ensure the collection of e-waste. Besides, it can also be disposed of in an environmentally friendly manner. Deposit Refund Scheme has been introduced as an additional economic instrument in which the manufacturer takes an additional amount as deposit at the time of sale of electrical and electronic components and returns it to the consumer with interest when Ultimately the electrical and electronic equipment is returned. The role of state governments has also been introduced to ensure the safety, health and skill development of workers involved in dismantling and recycling operations. Provision for penalty for violation of rules has also been made. Urban local bodies (Municipal Committee/Council/Corporation) have been entrusted with the task of collecting waste products lying on the streets or in dustbins and channelizing them to authorized dismantlers or recyclers. For disposal and recycling of e-waste Allotment of appropriate space to existing and upcoming industrial units. Awareness of recycling possibilities There is a need to be aware of the rules and regulations regarding e-waste management that the government is working on. Since e-waste is not hazardous if it is kept in safe storage or recycled by scientific methods or transported from one place to another in small parts or in aggregate in the formal sector. However e- Waste can be considered hazardous if it is recycled by primitive methods. E-Waste Rules For Better Environment www.lawtool.net

Classical economists assumed full employment on the basis of Say's market law which states that " supply creates its own demand " . According to Keynes , under employment equilibrium is the normal feature . He explained his theory of employment on the basis of effective demand in his book ' General Theory of Employment , Interest and Money ' . Relation of employment and output or national income His theory is based on a short - run view . In the short run , it is assumed that capital equipment , population or manpower , technical knowledge , labour efficiency remain constant . Keynes theory says that the volume of employment depends on the level of national income and output . If capital , working force , technology and labour efficiency remain fixed , the national income can be increased only by employing more labour . According to Keynes , the increase in national income would mean increase in employment . The larger the volume of employment , the larger the national income . His theory of employment is based on the principle of effective demand . Principle of effective demand . - Effective demand is that aggregate demand which is equal to aggregate supply . In other words , effective demand is the point where aggregate demand curve and aggregate supply curve intersect . Aggregate demand is the total of consumption expenditure and investment expenditure . As output , income and employment increases , aggregate demand also increases . For each level of output , employment and income there will be a corresponding level of aggregate demand . But , all aggregate demand is not effective demand . Aggregate demand which is equal to aggregate supply is effective demand . Effective demand being equal to total output as well as total expenditure , is also equal to national income . He explains his principle of effective demand using ' aggregate demand function or price ' and ' aggregate supply function or price ' . Effective demand is that ' aggregate demand price ' which becomes ' effective ' because it is equal to ' aggregate supply price ' and thus represent a position of ' short - run equilibrium ' . Aggregate Demand Function or Price The aggregate demand function or price for the output of any given amount of employment is the total sum of money or proceeds which is expected from the sale of output produced when that quantity of labour is employed . The aggregate demand price represents the expected receipts when a given volume of employment is offered to workers . The aggregate demand curve or aggregate demand function represents a schedule of the proceeds expected from the sale of the output produced by different amounts of employment . Thus , a schedule of the proceeds expected from the sale of outputs resulting from varying amounts of employment is called ' the aggregate demand schedule or the aggregate demand function . The aggregate demand function shows the increase in the aggregate demand price as the amount of employment increases . Aggregate demand consist of total expenditure on consumption and investment ( C + I ) Aggregate Demand Schedule Aggregate Supply Function or Price The aggregate supply price , when any given number of workers is employed , is the total cost of production of the output at a certain level of employment . It is the sum total of all payments made by entrepreneurs to all the factors of production producing that output . Dillad says , " This minimum price or proceeds , which will just induce employment on a given scale , is called the aggregate supply price of that amount of employment . "We can prepare an aggregate supply price schedule according to the total number of workers employed in the economy and we ' aggregate supply function . The greater the amount of proceeds , can have a corresponding ' aggregate supply price curve or the greater the amount of employment offered by the employers , taken together , to the workers in the economy . Since , more workers will be employed only if the employers in the aggregate expect to be paid more money for the larger output produced by these workers , the aggregate supply price curve will slope upwards to the right . Determination of equilibrium level of employment or determination of the point of effective demand Keynes ' General Theory of Employment is based on the following assumptions : ( 1 ) Perfect Competition . There is a fairly high degree of competition in the markets . ( 2 ) Short period . - The time that is considered is the short - period . ( 3 ) Operation of diminishing returns . - There is the operation of diminishing returns to productive resources or increasing costs . part in economic ( 4 ) Absence of government activity . The government plays no significant part either as a taxer or as a spender . ( 5 ) A closed economy . - There is absence of the influence of exports and imports . ( 6 ) Static conditions . The General Theory does not trace out the effect of the future on the present economic events clearly . ( 7 ) Heroic aggregation . The relation in aggregates like the national income , saving and investment are better tools . After having understood the concept of ' Aggregate Supply ( AS ) ' and ' Aggregate Demand ( AD ) ' , we are now in a position to explain the determination of the level of employment with the help of the Aggregate Supply ( AS ) and Aggregate Demand ( AD ) basing on the above assumptions . The point of determination of the effective demand as a result of the interaction of the two functions ADF and ASF can be illustrated by means of the following diagram . expect In this diagram the curve AD represents ADF ( the aggregate p receipts which the entrepreneurs at varying levels of employment ) and the curve AS represents ASF ( the aggregate costs which the entrepreneurs must cover at varying levels of employment ) . The two curves intersect each other at E. This is the point of effective demand . At this point ADF and ASF are exactly balanced . ON is the employment available . OM is the receipts / costs . At any other point , the two curves cannot be in equilibrium . Fig . 11.1 NUMBER OF WORKERS EMPLOYED So long as ADF is greater than ASF , the entrepreneurs shall go on employing more and more workers till ADF and ASF are exactly equal . The moment ASF ( cost ) exceeds ADF ( receipts ) further expansion of business activity and employment shall come to an end . The aggregate demand price and the aggregate supply price , thus , determine the effective demand , which is the determinant of employment . Effective demand is met by the community in the form of output so that effective demand is equal to the total output . The total output , in its turn , results in the creation of income for the community . Or total output is equal to national income . Total output further comprises consumption goods and investment goods . Money spent on consumption goods andinvestment goods is equal to national expenditure . Hence his General Theory is called the theory of employment Thus , Effective Demand = National Income = Value of National Output = National Expenditure = Expenditure on Consumption and Investment Goods . Now , the ' General Theory of Keynes can be summarised as follows : ( 1 ) Total income depends on the volume of total employment . ( 2 ) Total employment depends on total effective demand and in equilibrium aggregate demand is equal to aggregate supply . ( 3 ) Aggregate supply depends on physical and technical conditions of production , and , in the short run , these do not often change ; hence , it is the changes in the aggregate demand that bring about changes in income and employment . ( 4 ) Effective demand is made up of ( a ) consumption demand and ( b ) investment demand . ( 5 ) Consumption demand depends on consumption function or propensity to consume , and , in the short - run , consumption function is relatively stable . ( 6 ) Investment demand depends on : ( a ) the marginal efficiency of capital , and ( b ) the rate of interest . ( 7 ) The marginal efficiency of capital depends on : ( a ) the expectation of profit yields and ( b ) replacement cost of capital assets . ( 8 ) The rate of interest depends on : ( a ) the quantity of money , and ( b ) the state of liquidity preference . KEYNESIAN PRINCIPLE OF EFFECTIVE DEMAND ( KEYNESIAN THEORY OF EMPLOYMENT ) www.lawtool.net

Maratha Reservation In Maharashtra Who are Maratha? Marathas are a group of castes in Maharashtra, consisting of farmers, landlords and other classes of people. These people constitute more than 30 percent of the population of Maharashtra. Marathas are identified as warriors. Let us tell you that Marathas have a big influence on the politics of Maharashtra. Most of the Chief Ministers of Maharashtra have been Maratha. Mathematics of reservation in Maharashtra The total population in Maharashtra is approximately between 12 to 13 crores. In this population, 15 percent of Scheduled Caste people get the benefit of reservation. 7.5 percent of Scheduled Tribe people get the benefit of reservation. 27 percent people of Other Backward Classes get the benefit of reservation and another 2.5 percent people get the benefit of reservation in Maharashtra. When was Maratha reservation cancelled? Accepting the long-standing demand for reservation, the Maharashtra government gave 16 percent reservation to Marathas in 2018. After this, in June 2019, the Bombay High Court reduced the reservation to 12-13 percent. After this, in May 2021, the Supreme Court canceled the Maratha reservation and the review petition filed in the Supreme Court in this regard was rejected by the Supreme Court. What did the Center say in the Supreme Court? The Center had told the Supreme Court that Maharashtra has the legislative competence to grant reservation to Marathas and its decision is constitutional as the 102nd Amendment does not deprive a state of the power to declare a list of Socially and Educationally Backward Classes (SEBCs). The 102nd Constitutional Amendment Act brought in in the year 2018 includes Article 338B, which deals with the structure, responsibilities and powers of the National Commission for Backward Classes, and Article 342A, which empowers the President to declare a particular caste as socially and educationally backward. Changes in the list of powers and powers related to the Parliament were brought about. SEBC law does not deprive states of their powers. During the hearing on March 23, Solicitor General Tushar Mehta, appearing for the Centre, had said that in view of the SEBC Act 2018, it is constitutional for Maharashtra to give reservation to people of Maratha community in jobs and admissions in the state. Mehta had said, 'The Center is of the view that the Maharashtra SEBC Act is constitutional.' He had said that the Center accepts the representations of Attorney General KK Venugopal and it should be considered as the opinion of the Central Government. Earlier, the Attorney General had 18 In March, it had told the apex court that the 102nd Amendment of the Constitution does not deprive state legislatures from enacting laws to determine SEBC and provide benefits to them. Mehta had said that Article 342A brought through amendment does not deprive the states of the power to declare SEBC. ‘Reservation in exceptional circumstances’ A bench of five judges has given four different decisions, but all of them agreed that reservation cannot be given to the Maratha community. Reservation can be given only to backward classes. Marathas do not fall in this category. The Supreme Court said that both the Justice Gaikwad Commission and the High Court have talked about giving reservation in exceptional circumstances, but neither of them told what is the exceptional situation in Maratha reservation. The Constitution Bench had started the hearing in the case on March 15. The Bombay High Court, while upholding the law in June 2019, had said that 16 percent reservation is not justified and reservation in employment should not exceed 12 percent and in enrollment it should not exceed 13 percent. The High Court had upheld the decision of reservation for Marathas in educational institutions and government jobs in the state. The Center has given this argument in an affidavit filed in the apex court in response to a petition. The Supreme Court canceled the Maratha Reservation in Maharashtra and said that the maximum limit of reservation cannot exceed 50%. The court said that this violates the right to equality. The Supreme Court refused to send the 1992 Mandal decision setting the reservation limit at 50 percent to a larger bench. Also, the court rejected Maharashtra's law providing reservation to the Maratha community in government jobs and admissions, declaring it unconstitutional. In its verdict on the petitions challenging the Bombay High Court decision, the Supreme Court said, 'We do not find any reason to reconsider the Indira Sawhney decision.' A bench headed by Justice Ashok Bhushan comprising Justices L Nageswara Rao, S Abdul Nazeer, A five-judge Constitution bench comprising Justice Hemant Gupta and S Justice Ravindra Bhat delivered the verdict on the case. According to the Supreme Court, Maratha community is not educationally and socially backward, hence they cannot be given reservation. The court also said that the limit of reservation cannot exceed 50 percent. Maharashtra had crossed this Lakshman Rekha of reservation. Why in discussion? Recently, the Supreme Court (SC) has declared as unconstitutional the reservation law in Maharashtra, in which provisions were made to provide the benefits of reservation to the Maratha community. Year 2017: Retired Justice N. Yes. The 11-member commission constituted under the chairmanship of Gaikwad recommended reservation for the Maratha community under Socially and Educationally Backward Class (SEBC). Year 2018: A proposal for 16% reservation for the Maratha community was passed in the Maharashtra Assembly. Year 2018: While upholding the reservation, the Bombay High Court said that the limit of reservation should not exceed 12% in education and 13% in jobs instead of 16%. Year 2020: The Supreme Court stayed the implementation of this law and transferred the case to the Chief Justice of India for consideration by a larger bench. Current rules: Violation of fundamental rights: The separate system of reservation for the Maratha community violates Article 14 (right to equality) and Article 21 (due process of law). A situation that violates the 50% reservation limit will create a ‘caste ruled’ society. Maratha reservation of 12% and 13% (in education and jobs) increased the total reservation limit to 64% and 65% respectively. In the Indira Sawhney judgment in the year 1992, the Supreme Court had clearly stated that the 50% rule can be relaxed only in some exceptional circumstances to bring the population of remote areas into the mainstream. Prohibition on implementation of law: After the decision of the Bombay High Court upholding the law of Maharashtra, the status quo of appointments made under Maratha quota will remain, but no further benefit of reservation will be given in such appointments. The State does not have the power to identify SEBCs: Socially and Educationally Backward Classes, There shall be a single list of SEBCs notified by the President of India in respect of each State and Union Territory and the State may make recommendations relating to changes in this list only. The bench unanimously upheld the constitutional validity of the 102nd Constitutional Amendment, but differed on the question of whether it affected the power to recognize SEBCs of states. Prohibition on implementation of law: After the decision of the Bombay High Court upholding the law of Maharashtra, the status quo of appointments made under Maratha quota will remain, but no further benefit of reservation will be given in such appointments. The State does not have the power to identify SEBCs: Socially and Educationally Backward Classes, There will be a single list of SEBCs notified by the President of India in respect of each State and Union Territory and the States can only make recommendations relating to changes in this list. The Bench unanimously upheld the constitutional validity of the 102nd Constitutional Amendment, but There was disagreement on the question whether this affected the power of states to recognize SEBCs. 102nd Amendment Act, 2018: Under this Act, Articles 338B and 342A were added to the Constitution. Article 338B deals with the establishment of a National Commission for Backward Classes. Article 342A empowers the President to notify socially and educationally backward communities in the state. (If the list of backward classes is to be amended, it will require a law enacted by Parliament.) key points: Year 2017: The 11-member commission constituted under the Retired Justice N. G. chairmanship of Gaikwad recommended reservation for the Maratha community under Socially and Educationally Backward Class (SEBC). Year 2018: A proposal for 16% reservation for the Maratha community was passed in the Maharashtra Assembly. Year 2018: While upholding the reservation, the Bombay High Court said that the limit of reservation should not exceed 12% in education and 13% in jobs instead of 16%. Year 2020: The Supreme Court stayed the implementation of this law and transferred the case to the Chief Justice of India for consideration by a larger bench. Who is the leader of the latest movement? The latest movement demanding Maratha reservation is going on under the leadership of Maratha Morcha convenor Manoj Jarange. Manoj Jarange has been active in the Maratha reservation movement since 2011. Manoj was initially associated with Congress, but later he separated from Congress and formed his own Shivba organization. Jarange has proposed to the government that the government should include Marathas in the Kunbi community, which comes under the OBC quota. Manoj Jarange Patil has been working on Maratha reservation for the last 13 years. He is a social worker. Jarange is a resident of Matori in Beed, but now lives in Ankushnagar, Jalna. It is said that he also sold his land for the Maratha movement. When and why did the violence erupt? On August 29, thousands of protesters had gathered in Antarwali Sarathi village of Jalna district demanding reservation in jobs and education for Marathas. Here Manoj Jarange, the convenor of Maratha Morcha and leading the movement, was sitting on a hunger strike. When Jarange's condition started deteriorating, the police forced him to end his hunger strike and be admitted to the hospital. The agitators became angry about this and started protesting. The situation became so bad that the police had to resort to lathicharge and tear gas to disperse the crowd. Later the protesters pelted stones at the police and pushed the vehicles forward. After this incident in Jalna, people of Maratha community sat on strike in many cities of Maharashtra including Solapur, Aurangabad and Nagpur. Reasons for violence in Jalna In fact, violence was seen in Jalna during the ongoing agitation for Maratha reservation in Maharashtra. Here people of Maratha organization were protesting demanding Maratha reservation. Meanwhile, the police tried to detain the protesters. Meanwhile, tension increased between the police and the protesters and the police released tear gas shells and resorted to lathicharge. The protesters are being accused of pelting stones at the police and the villagers say that the police had fired in the air during this period. Hundreds of agitators have gathered at Kranti Chowk in Sambhajinagar, who are protesting and raising slogans against the BJP and Eknath Shinde government. Let us tell you that after the Jalna violence, 6 FIRs have been registered in the reservation case and 40 people have been arrested. Let us tell you that the police have implemented Section 37 (3) in Jalna and Sambhajinagar. Under this, action will be taken if 5 people gather together without any reason. Let us tell you that the Maratha organization which has called for the bandh in Sambhajinagar demands that those who lathicharged should be suspended, Devendra Fadnavis should resign, and reservation should be given to the Maratha community. Talking about the opposition parties, Nationalist Congress Party (NCP) President Sharad Pawar, Shiv Sena-UBT President Uddhav Thackeray, Congress's Ashok Chavan, Leader of Opposition in the Council Ambadas Danve, Maharashtra Navnirman Sena (MNS) President Raj Thackeray, Vanchit Bahujan Aghadi president PrakashAmbedkar,Chhatrapati'sdescendants Chhatrapati Sambhajiraje Bhosale and Chhatrapati Udayanraje Bhosale and others have been reaching there to express solidarity with the protesters. This movement is not over yet, more is still to be written........ Maratha Reservation In Maharashtra

The central government introduced three important bills in the monsoon session. Some people would disagree that laws require change from time to time. So that they can remain aware of the development of technology and changes in the society. However, this does not mean that completely new codes should be implemented. The law should change with time but it should not be used for political selfishness for the good of the society. Recently, the Central Government in India has introduced three important bills in the monsoon session. Presented. The central government introduced three important bills in the monsoon session. The new bills will replace the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and the Indian Evidence Act. The three new bills include the Bharatiya Nyaya Sanhita Bill, 2023 to replace the Indian Penal Code, 1860; the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 to replace the Code of Criminal Procedure, 1898; and the Bharatiya Sakshya Bill, 2023 to replace Indian Evidence Act, 1872.The Bills will now be sent to the Select Committee, which will take some time to become effective. “These British laws were made to strengthen and protect the British government and the aim was to punish and not bring justice. The spirit of three new laws that we are bringing will not be to punish but to give justice to every citizen and to prevent further crimes,” he said. Sedition replaced by a ‘draconian’ provision “Sedition (law) was brought (by the British) to save their rule. We have taken the historic decision to repeal sedition completely. This is a democracy, everyone has the right to speak,” This change, introduced by Union Home Minister Amit Shah, repeals sedition 124A of the IPC. During his address, Home Minister Amit Shah said, 'Everyone has the right to speak, so we are repealing sedition completely.' New Indian Judiciary Code Bill has been introduced and new sections of terrorist acts and organized crime have been introduced. Crimes have been linked with deterrent punishment. The old IPC had 511 sections and the new bill has 356 sections. However, a look at Section 150 of the Bharatiya Nyaya Sanhita, 2023 shows that while the word sedition may have been removed, the law remains and, in many ways, has been made more draconian by making it punishable with imprisonment for life or seven years imprisonment and shall also be liable to fineSection 150 details Acts endangering the sovereignty, unity, and integrity of India. It states: “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.” The explanation of the section states the following: “Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section.” In comparison, the Sedition law (Under 124A IPC) had stated: “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in 3[India], shall be punished with 5[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.” In its explanation, the law defined the expression “disaffection” as including disloyalty and all feelings of enmity. The Section also explained that “comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.” It further added that “comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.” These included sections on crimes against the state The government has introduced sections 145 to 156 related to crimes against the state. It includes waging war against the Government of India, or attempting to wage war, or abetting the waging of war, conspiracy to commit an offense punishable under section 145 with intent to wage war against the Government of India, collecting arms, etc. Similarly, section 148 talks about concealment with intent to wage war. Section 149 deals with assaulting the President, Governor, etc., with intent to compel or prevent the exercise of any lawful power. More stringent punishment for threatening the sovereignty and integrity of India The new Bill also provides for punishment for acts threatening the sovereignty, unity and integrity of India and obtaining property taken by war or destruction mentioned in the sections. If any public servant tries to allow a prisoner of war to escape, he will be severely punished. Aiding, rescuing or harboring a prisoner of state or war by a public servant voluntarily allowing such prisoner to escape has been included in the new bill that will replace the IPC. Punishment for crimes against the state is 10 years. The punishment for crimes against the state ranges from three to 10 years. A new section has also been added on secession, armed rebellion, subversive activities, separatist activities or acts threatening the sovereignty or unity and integrity of India. The fine and punishment for various offenses have also been suitably increased. Election Related Crimes New sections related to crimes committed during elections have also been included in this new bill. A total of nine sections have been given from sections 167 to 175. These include persona in election, punishment for bribery, undue influence or persona in election. The government has also made provisions for punishment for making false statements in connection with elections, making illegal payments in connection with elections, failure to maintain accounts of elections, etc. The government has also given sections related to public servants involved in various crimes in the new Indian Judicial Code Bill. Key features of new Bills Three new Bills will bring important changes to make them relevant to Indian society and drop references to colonial rule. The Bharatiya Nagarik Suraksha Sanhita Bill, 2023 which will replace CrPC will have 533 provisions. “We have changed 160 provisions, added 9 new provisions and 9 provisions have been removed,” Shah said. The Bharatiya Nyaya Sanhita Bill, 2023 to replace IPC will have 511 provisions against the 356 in the earlier law. “There are changes in 175 provisions, 8 new provisions have been added and 22 have been removed,” The Bharatiya Sakshya Bill, 2023 to replace Indian Evidence Act will have 170 provisions instead of the 166 earlier. “23 provisions have been changed, one has been added and five removed,” he said. Manner of introduction ‘unfair’ Concerns were also raised that the Bills were introduced on the last day of the monsoon session and listed moments before their introduction. new legislations will overhaul the criminal justice system, lawyers said that it could bring operational difficulties. “Introduction on the last day is unfair but the parliamentary standing committee may consider amending rather than bringing new laws as there may be difficulties in interpreting provisions, bringing the criminal justice system to a grinding halt.” The Indian Government just introduced 3 bills to completely overhaul and replace the core of Indian criminal law. No consultation. No discussion. No chance for any experts to review them. Rebooting Law 2023 The Central Government Introduced Three Important Bills In The Monsoon Session

FORENSIC SCIENCE IN CRIMINAL INVESTIGATION Forensic science Forensic science is a multidisciplinary subject used for examining crime scenes and gathering evidence to be used in prosecution of offenders in of law . Forensic science techniques are also used to examine compliance with international agreements regarding weapons of mass destruction . The main areas used in forensic science are biology , chemistry , and medicine , although the science also includes the use of physics , computer science geology , and psychology . Forensic scientists examine objects , substances ( including blood or drug samples ) , chemicals ( paints , explosives , tonic tissue traces ( hair , skin ) , or impressions ( fingerprints or tidemarks ) left at the crime scene . The majority of forensic scientists specialize in one of the science . Evidence and trace examination . The analysis of the scene of crime or accident involves obtaining a permanent record of the scene ( forensic photography ) and collection of evidence for further examination and comparison , Collected samples include biological ( tissue samples such as skin , blood , semen , or hair ) , physical ( finger nail shells , fragments of instruments or equipment , fibers , recorded voice messages , or computer discs ) and chemical ( samples of paint , cosmetics , solvents , or soil ) . Most commonly , the evidence collected at the scene is subsequently processed in a forensic laboratory by scientists specializing in a particular area . Scientists identify , for example , fingerprints , chemical residues , fibers , hair , or DNA left behind . However , miniaturization of equipment and they perform most forensic analysis at the scene of crime results in more specialists being present in the field . Presence of more people at the scene introduces a greater likelihood of introduction of contamination into the evidence . Moreover , multi - handling of a piece of evidence ( for example murder weapon being analyzed by many specialists ) is also likely to introduce traces of tissue or DNA not originating from the scene of a crime . It results in strict quality controls imposed on collection , handling , and analysis of evidence to ensure lack of contamination . For example , in DNA test it is essential that samples are stored at the correct temperature and that there is no contamination from a person handling a sample by wearing gloves and performing analysis in a clean laboratory . Ability to properly collect and process forensic samples can affect the ability of the prosecution to prove their case during a trial . The presence of chemical traces or DNA on a piece of debris is also crucial in establishing the chain of events leading to a crime or accident . A growing area of forensic analysis is monitoring of non - proliferation of weapons of mass destruction , analysis of possible terrorist attacks or breakup security . The nature of samples analyzed is wide , but slightly different to a criminal investigation . In addition to the already described samples , the scientists who gather evidence of mass destruction collect swabs from objects , water , and plant material to test for the presence of radioactive isotopes , toxins , or poisons , as well as chemicals that can be used in production of chemical weapons . The main difference from the more common forensic investigation is the amount of chemicals present in a sample . Samples taken from the scene of suspected chemical or biological weapon contain minute amounts of chemicals and require very sensitive and accurate instruments for analysis . ( i ) Biological traces . Biological traces are collected not only from the scene of crime and a deceased person , but also from surviving victims and suspects . Most common samples obtained are blood , hair , and semen . DNA can be extracted from any of these samples and used for comparaties analysis . DNA is the main method of identifying people . Victims of crashes or fires are often unrecognizable , but adequate DNA can be isolated and person can be positively identified from a sample of their DNA or their family's . DNA is taken for comparison . Such methods are being used in the identification of the remains in Yugoslav war victims , the World Trade Center attack victims , and the 2002 Bali bombing victims . Biological traces , investigated by forensic scientists come from bloodstains , saliva samples ( from cigarette butts or chewing gum ) and tissue such as skin , nails , or hair , Samples are processed to isolate the DNA and establish the origin of the samples . ( ii ) Chemical traces . - Forensic chemistry performs qualitative and quantitative analysis of chemicals found on people , various objects , or in solution , chemical analysis is the most varied from all the forensic disciplines . Chemists analyze drugs as well as paints , remnants of explosives , fire deberes shot residues , fibers , and soil samples . They can also test for a presence of radioactive substances ( nuclear weapons), toxic chemicals ( chemical weapons ) and biological toxins ( biological weapons) . Forensic chemists can also be called on in a case of environmental pollution to test the compounds and trace their origin . ( iii ) Physical evidence . - Physical evidence usually involves objects found at the scene of a crime . Physical evidence may include all sorts of prints like fingerprints , footprints , handprints , tidemarks , cut marks , tool marks , etc. Analysis of some physical evidence is conducted by making impression plaster , taking images of marks , or lifting the fingerprints from objects encountered . These serve later as a comparison to identify , for example , vehicle that was parked at the scene , a person that was present , a type of manufacturing method used to create a tool , or a method used to built building or harm a victim . An examination of documents found at the scene or related to the crime is often an integral part of forensic analysis . Such examination is often away to establish not only the author , but more importantly identify any alterations that have taken place . Specialists are also able to recover text from documents damaged by accident or on purpose . ( iv ) Identification . The identification of people can be performed by fingerprint analysis or DNA analysis . When none of these methods can be used then facial reconstruction can be used instead to generate a person's image . TV and newspapers then circulate the image for identification . 3. Other forensic scientists . Pathologists and forensic anthropologists play a very important part in forensic examination . They are able to determine the cause of death by examining marks on the bone ( s ) , skin ( gunshot wounds ) , and other body surfaces for external trauma . They can also determine a cause of death by toxicological analysis of blood and tissues . A number of analytical methods are used by forensic laboratories to analyses evidence from a crime scene . Methods vary , depending on the type of evidence analyzed and information that needs to be extracted from the traces found . If a type of evidence is encountered for the first time , a new method is developed . Biological samples are most commonly analyzed by polymeraze chain reaction ( PCR ) . The results of PCR are then visualized by gel electrophores Forensic scientists tracing the source of a biological attack could use the new hybridization or PCR based methods of DNA analysis . Biological and chemical analysis of samples can identify toxins found . Imaging used by forensic scientists can be as simple as a light microscope , or can involve an electron microscope , absorption in ultraviolet to visual range , colour analysis or fluorescence analysis . Image analysis is used not only in cases of biological samples , but also for analysis of paints , fibers , gunshot residue , or other chemicals . Image analysis is often essential for an interpretation of physical evidence . Specialists often enhance photos to visualize small details essential in forensic analysis . Image analysis is also used to identify details from surveillance cameras . New laboratory instruments are able to identify nearly every element present in a sample . Because the composition of alloys used in production of instruments , wires or bullet casings is different between various producers , it is possible to identify a source of the product . In some cases , chromatography alone is not an adequate method for identification . It is then combined with another method to separate the compounds even further and results in greater sensitivity . One such method is mass spectrometry ( MS ) . A mass spectrometer uses high voltage produce charged ions . Gaseous ions or isotopes are then separated in a magnetic field according to their masses . As some samples are difficult to analyze with MS alone , a laser vaporization method ( imaging laser ablation mass spectroscopy ) was developed to produce small amounts of chemicals from solid materials ( fabrics , hair , fibers , soil , glass ) for MS analysis . Such analysis can examine hair sample for presence of drugs or chemicals . Due to its high sensitivity , the method is of particular use inmonitoring areas and people suspected of production of chemical , biological or nuclear weapons , or narcotics producers . While charcoal sticks are still in use for fire investigations , a new technology of solid phase microextraction ( SPME ) was developed to collect even chemicals and does not require any solvent for further analysis . A number of Government agencies ( for example the FBI ) are now armed with the portable instruments and can perform rapid forensic analysis in the field in a time shorter than it would take to transport samples to a forensic laboratory . States troops are equipped with similar instruments on board some and trucks , in order to quickly determine the presence of chemical or biological weapons on the battlefield . Applications of forensic science - The main use of forensic science is for purposes of law enforcement to investigate crimes such as murder , fraud . Forensic scientists are also involved in investigating accidents such as train or plane crashes to establish if they were accidental or a result play . The techniques developed by forensic science are also used by the army to analyze the possibility of the presence of chemical weapons , explosives or to test for propellant stabilizers . Gasoline products often evaporate rapidly and their presence cannot be confirmed , but residues of chemicals , such as propellant stabilizers , are present for much longer indicating that an engine or missile was used . Branches in forensic science . The application of scientific knowledge and methodology to legal problems and criminal investigations . Sometimes called simply forensics , forensic science encompasses many different fields of science , including anthropology , biolog chemistry , engineering , genetics , medicine , pathology , phonetics , psychiatry , and toxicology . The related term criminalistics refers more specifically to the scientific collection and analysis of physical evidence in criminal cases . This includes analysis of many kinds of materials , including blood , fibers , bullets , and fingerprints . Many law enforcement agencies operate crime labs that per scientific studies of evidence . The largest of these labs is run by the Federal Bureau of Investigation .Forensic scientists often present expert testimony to Courts , as in the case of pathologists who testify on causes of death and engineer who testify causes of damage from equipment failure , fires , or explosions , Modern forensic science originated in the late nineteenth century , when European Criminal investigators began to use fingerprinting and other identification techniques to solve crimes . As the field of science expanded in scope throughout the twentieth century its application to legal issues became more and more common . Because nearly every area of science has a potential bearing on the law , the list of areas within forensic science long . Forensic Medicine and Psychology - Forensic medicine is one of the largest and most important areas of forensic science . Also called legal medicine or medical jurisprudence , it applies medical knowledge to criminal and civil law . Areas of medicine that are commonly involved in forensic medicine are anatomy , pathology , and psychiatry . Many law enforcement agencies employ a forensic pathologist , sometimes called a medical examiner , who determines the causes of sudden or unexpected death . Forensic cologists , who the presence of poisons or drugs in the deceased , often help forensic pathologists . Forensic odontologists , or dentists , analyze dental evidence to identify human remains and the origin of bite marks . Forensic medicine is often used in civil cases . The cause of death or injury is considered in settling insurance claims or medical malpractice suits , blood tests often contribute to a Court's decision in cases attempting to determine the paternity of a child . Mental health and psychology professionals have contributed great deal to the legal understanding of issues such as the reliability of eye - witness testimony , responsibility for criminal behaviour , and the process of decision making injuries . These professionals include those with a medical doctor such as psychiatrists , neurologists , and neuropsychologists , as well as individuals without a medical degree , such as psychologists . Mental health professionals are frequently consulted in civil and criminal cases to help determine an individuals ' state of mind with regard to a criminal validity of testimony before a Court , or an individuals ' competence to stand trial or make a legal decision . Their input may also be vital to legal procedures for deciding whether to commit a person to an institution because of mental illness , or to allow a person to level an institution for those who are mentally ill . Forensic neuropschology is a specialized area of forensic medicine that applies that functioning of the nervous system and brain to legal issues involving mind and behavior . Equipped with an improved understanding of how the brain works and influences behaviour , neuropsychologists have increasingly been asked to provide testimony to Courts attempting to determine whether a criminal act is a result of a nervous system dysfunction . They also testify as to the reliability of witness testimony given by victims of crime , the competency of individuals to stand trial , the likelihood that the condition of mental retardation or brain injury predisposed an individual to commit a crime , the possibility that an individual has verifiable memory and various aspects of dementia's and other brain disorders caused by AIDS , head injuries , and drugs , alcohol , and other chemicals . In civil cases , the work of neuropsychologists has been used to determine whether a defendant's wrongdoing caused a plaintiff's injury . In family Courts , neuropsychologists assess brain damage in children who have been physically abused . Forensic psychologists provide expert testimony that touches on many of the same areas as that given by forensic psychiatrists and neuropsychologists . In addition , psychologists consult with the legal system on issues such as correctional procedures and crime prevention . In 1962 , Court of appeals issued . an influential decision that established the ability of a psychologist to testify as an expert witness in a federal Court of law . Before that time , expert testimony on mental health was largely restricted to psychologist . What is a forensic scientist ? A forensic scientist examines physical evidence and then testifies about the results of their finding in Court . They are in fact defined by the expectation that they may give expert testimony about their examinations and further provide interpretations or opinions under oath . As explained in Thornton ( 1997 ) : " Forensic " comes to us from the Latin forensus , meaning " of the forum . " In Ancient Rome , the forum was where Governmental debates were held , but it was also where trials were held . It was the Courthouse . So forensic science has come to mean the application of the natural and physical sciences to the resolution of conflicts within a legal setting . The single feature that distinguishes forensic scientists from any other . scientist is the certain expectation that they will appear in Court and testify to their findings and offer an opinion as to the significance of those findings . The forensic scientist will testify not only to what things are , but to what things mean . Forensic science is science exercised on behalf of the law in the just resolution of conflict . A true forensic scientist is not a policeman , nor are they partial about the outcome of their examinations . They are objective investigators of scientific fact . Subsequently , a forensic scientist may work in a state run crime lab , or they may work in private practice . The role of forensic scientist in detection of crime - The scientific examination of a forensic scientist adjoins a missing link or strengthens a weakly in the chain of investigation by furnishing an impartial and evidence , thereby helping the Court to come to a conclusion regarding the criminals and their punishments . The field of study or examination of forensic scientist is very wide , divisible and unpredictable . Generally the duties and responsibilities of forensic scientist are very hazardous , onerous and risk bearing . 1. Because they are to deal with the material exhibits pertaining to various nature of crimes such as murder , rape , blood , saliva , firearms , ammunitions , explosives , and explosives substances , liquor , hashish , opium , adulterated petrol , kerosene , diesel , etc. other chemical vehicles involved in accidents , various types of paints . Weapons , and used in burglary , arson , etc. , 2. different types of poisons and poisons and poisonous substances , hair , skeletal remains and other plant or animal remnants . and documents alongwith the photographic analysis of all materials exhibits . Apart from these , forensic scientists are also to examine the forged signatures Any material exhibit encountered in the way of investigation needs to be thoroughly examined to prove or disprove its association a particular crime or criminal . Practically the forensic scientist are to examine the material exhibits connected with various nature of crime covering all sections of IPC and other relevant acts and laws of the land . Unlike other research and analytical materials , forensic scientists are required to work with limited quantity and amount of materials generally left behind or carried away by criminals . Let us discuss first about the forensic physicist . Generally , the material exhibits which are obtained at the scene of crime are examined by the scientist of this division . Besides comparative studies of various impressions and marks of tools etc. , used in commission of crime are also made in this division . Determination of forced engine or chassis marks or restoration of an erased number upon metallic dates are determined by the scientist of this division . Analysis of paints and glass articles , stamp impressions of forest authorities can be examined by these scientists to establish the facts for the determination of clues of commission of crimes and criminals . Secondly the scientist of forensic chemistry are also equally busy determining clues of crime and detection of criminals by their various methods of analysis . For instance it is the forensic chemist who has to determine purity of petrol , diesel and kerosene from samples . They are also to determine the quality of liquor , opium , ganja and other chemicals , analysis of explosive and the like . From their various methods of analysis , they have to establish facts basing upon which the investigating officers can detect the clues of a particular crime . Forensic biologists have also been playing an important role in examining biological exhibits oriented with crime . It is the biologist who has to analyze the biologist material exhibit starting from a micro organism to a higher plant or an animal and also their parts and products . From the skeletal remains a biologist has to determine the sex , origin , stature , and age of the deceased . He is to identify from the skull by using superimposition method and thereby help the investigating authority in coming to a conclusion with the regard to a particular crime . In case of a suspected death case , the biologist is to ascertain the cause of death . He is also to analyse various poisonous plant material in cases where plant poison is administered in the commission of crimes . A Serologist plays equally important role in establishing facts in respect of various crimes . In case of a murder where knife and other weapons are involved , it is the serologist who is to ascertain whether the particular weapon is stained with human blood or not . From the findings of a serologist , the investigating officer can get a definite clue in a particular case , depending on which the investigating officer can identify the culprit of the crime . It is the Serologist who has to establish the facts of disputed paternity cases by testing the blood group in question . Now , coming to the ballistics branch of forensic science it may be stated that a ballistic expert is the only person who ascertains whether a particular fire arm was used or not while committing a crime . He is also to examine the types of fire arms and ammunitions used in commission of a crime . He has also to establish the facts with regard to firing ranges , distance , direction , and angle of firing . After obtaining the opinion of a ballistic expert the investigating officers can come to a reasonable conclusion in respect of a particular crime . Apart from the different fire arms and ammunitions a ballistic expert is also to examine the explosive substances which are nowadays very often used for committing heinous crimes . A toxicologist determines the clues of the crime in which poison is used . In any such case , be it accidental , suicidal or intentional , a toxicologist analyses the viscera and other relevant materials from which he establishes the quality and quantity of poison used . From the report of a toxicologist , the investigating officer can usually obtain vital clues for detecting the criminals involved . Similarly , the Court also gets positive evidence for coming to a conclusion in any particular case . A document expert examines various types of documents directly or indirectly involved in a forgery case . The forgery cases may be of different types , but all these are examined by the handwriting expert . From the report of a document examiner , the investigating agency can definitely detect the real culprit of a particular case . Apart from the forged signatures or documents , a handwriting expert often gives opinion on typed papers , time of writing and the age of the ink used for writing a questionable documents . So the opinion of a handwriting expert also helps the Court to reach a conclusion in meeting the ends of justice . Like all others branches of science , personnel of the photography division a play a vital role in determining clues of crimes and detecting the criminals . It da crime by their Photographic evidence . In case of a crime where the facts of the forensic photographer who establishes the connecting link of various clues ere is involved , it is only the photographic evidence by which the facts of eure can be established with any degree of precision . Thereby they are also Ang the Courts to come to a definitive opinion with regard to the case . HUMAN IDENTIFICATION Droplets of human blood . In addition to analyzing for DNA , the droplets are round and show no spattering , indicating they impacted at a relatively slow velocity , in this case from a height of two feet People can be identified by their fingerprints . People can also be identified from traces of their DNA by DNA fingerprinting Forensic medical - What is the difference between a medical examiner and a coroner ? Medical examiners and coroners are two different groups that provide a similar service to their communities Coroners are part of an older system whose origins date back to England many centuries ago , and are usually elected by individuals . Coroners contract with physicians to provide autopsies and medical expertise to support their investigations . In contrast , the medical examiner system is an American creation approximately a century old . Medical examiners are almost always appointed to their positions , and should be physicians with training in medico - legal death investigation . Forensic photography . The first thing that needs to be done after securing the crime scene is photographing it . This creates a permanent record of the condition of the crime scene , one that is incontestable . First , take a picture that shows where the scene is a shot with a street sign with the crime scene location in the background . Take pictures of the areas around the crime scene , aleys , dumpsters , rear areas , neighbouring structures and even the structures across the street . What items are photographed at a crime scene ? Bullet casings ; photograph as a group and photograph individually . Photograph any dropped items , foot prints or animal tracks . If a homicide , photograph the body or bodies . Photograph any tool marks , bite marks or skin impressions . Basically , anything that might be evidence is photographed . Video surveillance cameras . - Types of cameras available for video surveillance - You have a broad range of video surveillance cameras available to you . Understanding the different kinds will make it easier to determine which one suits you best : Fake security cameras - These are not actual cameras . They are a very inexpensive alternative to purchasing an actual system . While these cameras can act as a deterrent should something happen , you will not have a record of it . • Covert surveillance cameras - These cameras look like regular items . A wall clock in a small store a teddy bear in a baby's room , a potted plant by the front door each one of these could very easily be a surveillance camera . You can record without anyone knowing it . • Wireless security cameras - These offer more flexibility in set up . They are easy to install , can be moved easily , are often small , have no tell - tale wires , and are very discreet . • Wired surveillance cameras - These cameras are appropriate for permanent setup . If you have one location that you would like to constantly monitor and will not need it to be changed a wired cameras is an option . Some may have to be professionally installed . Night vision security cameras - These are ideal for any low - light areas , not just for the height time . The camera records in black and white in order to capture images best . Home surveillance cameras - When you buy a setup for home , you get a helpful system that often includes such bonuses as timers for your lamps and motion sensors to go with the wireless camera . Night vision device - A night vision device ( NVD ) is an optical instrument that allows images to be produced in levels of light approaching total darkness . They are most often used by the military and law enforcement agencies , but are available to civilian users . The term usually refers to a complete unit , including image intensifier tube , a protective and generally water resistant housing , and some type of mounting system . Night vision devices were first used in World War II , and came into wide use during the Vietnam War . Forensic toxicology - Toxicology is important not just or an investigation in which foul play is suspected . It is equally essential for determining accidental deaths and suicides and even for substance abuse while on the job . A toxicologist may be called on to test for anything from arsenic to poisoned gas to GHB to prescription drugs . A popular poison for suicide is carbon monoxide from a car engine although drug overdoses or mixed doses of domestic medications are also widely used . Accidental deaths can result from overdoses of drugs such as opium , hyoscine . morphine and heroin . Examples of poisons that have been commonly used for murder are aconitins , atropine , strychnine , thallium , antimony , arsenic and cyanide The history of forensic toxicology goes back about 200 years , but before reviewing it , let's first define what this branch of science actually is . Technically speaking , John Brenner's Forensic Science Glossary defines toxicology as the study of poisons , but it also covers the detection of foreign substances in the body that can have a toxic effect , such as alcohol , industrial chemicals , poisonous gas , illegal drugs , or drug overdoses . Digital forensics . Nearly all " white collar crimes today involve the computer either as a tool in enabling the crime or as a target of the crime . Digital forensics is the discovery , analysis , and reconstruction of evidence extracted from any element of computer systems , computer networks , computer media , and computer peripherals that allow investigators to solve the crime . In the battle against malicious hackers , digital forensic investigations are performed in support of various objectives , including timely cyber attack containment , perpetrator location and identification , damage mitigation , and recovery initiation Computer forensics deals with gathering evidence from computer media seized at the crime scene . Network forensics gathers digital evidence that is distributed across large - scale , complex networks . while current commercial intrusion analysis tools are inadequate to deal with today's networked , distributed environments . Forensic investigation of crime and scientific services of CBI of India . Existing examination facilities - The CFSL ( CBI ) , New Delhi has the following divisions , which are providing forensic support services to the various Investigating Agencies in scientific analysis of exhibits and collection / detection of relevant physical clues from Scene ( s ) of Crime . The scientists of the laboratory are put to rigorous training's in India and abroad in order to upgrade the existing forensic skills and to induct innovative technologies in the field of Forensic Science . DIVISIONS Ballistics Division Biology Division Chemistry Division Computer Forensic Division DNA Profiling Laboratory Document Division Finger Print Division Lie Detector Division Photo & Scientific Aid Physics Division • Serology Division Scientific Aid Unit ( Chennai ) Ballistics division The Ballistic Division is equipped with the latest sophisticated instruments and necessarily expertise to handle cases of firearms and explosives . The Ballistics work involves examination of firearms to determine the nature and type of weapons used in the crime , range of firing , linking fired bullets , cartridge cases with the suspect weapons and checking of mechanism of the weapon for the evidence of accidental discharge . Biology division . The biological characteristics and other related tests of biological samples are carried out in Biology Laboratory . The articles / exhibits forwarded include blood samples , cloth , soil , hair , semen , bones , botanical products such as fiber , starch , grain etc. , from the scene of crime / victim / suspects . Chemistry division . Chemistry Division Consists of Toxicology , Narcotics and General Chemical Analysis sections . The division is equipped with high - tech analytical equipment's i.e. , High Performance Thin Layer Chromatography ( HPTLC ) and Gas LiquidChromatography ( GLC ) System etc. , and undertakes chemical analysis of exhibits such as viscera , biological fluids , trap cases , dowry death cases , petroleum products , acids and various other miscellaneous exhibits referred by the investigating Agencies . Viscera including biological fluids are examined for poison detection in cases of homicides and suicides Computer forensic division . Computer Forensic division started functioning from January 2004. The division provides facility for examination of off - line Computer / digital storage media such as Central Processing Unit , Hard Disc Drives , Compact Discs , Floppies , Flash / Pen / Thumb drive and other similar devices with USB connectivity . Its main objectives are preservation , identification , extraction and documentation of computer evidence in various Computer related crimes ie . , e - mail tracing , pornography , human trafficking , corporate frauds etc. , forwarded to the laboratory . The deleted data can be retrieved without tempering date & time tag by use of various professional hardware / software tools validated by Courts of Law . Cross - validation of results through the use of multiple tools and techniques is in the standard protocols of the laboratory . DNA profiling laboratory The state - of - the - art DNA Profiling Laboratory of CFSL ( CBI ) . New Delhi is equipped with latest requirements as per the demand of the technology , has been brought into operation since the year 2006 the laboratory carries out Autosomol STR analysis and Y STR analysis of the genomic DNA obtained from any type of evidence samples requiring DNA profiling with respect to the crime cases like establishment of relatedness , disputed paternity , sexual assault , missing person , unidentified dead bodies with absolute accuracy . Document division . The Document Division is encountered with broad spectrum of problems pertaining to white collar crime like examination of handwriting and signatures , detection of forgery , detection and decipherment of erased , obliterated writings , decipherment of postal cancellation seals , rubber seals etc. , examination of printed matter , type scripts , decipherment of invisible ink , examination of charred documents , determination of sequence ( relative age ) of two intersecting pen inks . Throughout the year , the division furnished expert opinion on documents referred by CBI , Delhi Police , Railways and various other Govt . of India departments including the Judiciary . The Experts of the division tender evidence in various Courts throughout India and impart training by way of delivery of lectures to the trainees of CBI Academy , NICFS , Banks , Railways , Universities etc. The Document Division has recently added latest state - of - the - art instrument called VSC - 5000 for quality examination of questioned documents . Finger Prints division provides service to all branches of CBI with reference to examination of questioned thumb impressions , crime scene visits for chance prints , developments of latent prints , preparation of specimen ten digit finger prints of accused / suspects & deposition in Courts Delhi Police and judicial Courts and other Central Government Departments also tap the available resources for similar purposes in important crime investigation . Lie detector division The Lie Detection division renders valuable polygraph aids in number of important investigation conducted by CBI , Judiciary , Delhi Police and other law enforcement agencies . The Lie Detection division maintains latest version of computerized polygraph equipment's . Lie detection technique is based on the principle of psychosomatic interactions of an individual , i.e. , a change in the person's consciously held feelings produces a psychological defence reaction in the form of physiological changes in his blood pressure , pulse rate , respiration and electro-dermal response ( GSR ) . Fear of detection and entrapment induces a person to conceal the facts and this produces uncontrollable physiological reactions , which are precisely measured by Polygraph . The objectives of the Lie Detection technique are : 1. To verify the statements of suspects , witnesses & complainants . 2. To economise and accelerate the process of investigation by screening innocent persons where a large number of suspects are involved . 3. Scientific interrogation of suspects in white - collar crime . 4. To corroborate the findings of investigation by Investigating Officers . Photo & scientific and division . - Physics division . - In Physics , division different types of examinations have been carried out like examination of paint , glass , soil , fibers , metallic pieces , threads and ropes , cloth pieces , struggle mark and cut - marks on cloth , knot examination , examination of metallic seals , postal seals , and wax seals , deciphering of erased chassis and engine number of vehicles , registration plate of vehicles , examination of tool marks etc. The Physics division is also carrying out the examination of telephonic and direct recording in respect of Speaker Identification . A very advanced version of computerized Voice Spectrograph namely Computerized Speech Lab Model CSL - 4500 has been acquired and is being used for analysis of Speaker Identification cases . Scientific and unit ( Chennai ) The scientific Aid Unit ( Chennai ) provides the facilities of document examination as provided by the Document Division of CFSL . New Delhi , like examination of handwriting , signatures , typescripts , rubber stamp impressions , seal impressions , examination of counterfeit currency notes and lottery tickets , determination of interpolation , substitution , addition , over - writings , decipherment of the mechanically and chemically erased writings , decipherment of invisible ink reconstruction of the charred and burnt documents , determination of the order of the sequence of the strokes at the point of inter - sections , examination of the torned or serrated edges of paper and comparison with their counterparts , determination of the absolute or relative age of the documents , examination of ink , paper and writing implements etc. Definition of forensic science Forensic science is the use of science in the service of the law . Sciences used in forensics include any discipline that can aid in the collection , preservation and analysis of evidence such as chemistry ( for the identification of explosives ) , engineering ( for examination of structural design ) or biology ( for DNA identification or matching ) . A forensic scientist is expert in any technical field and can provide an analysis of the evidence , witness testimony on examination results , technical support and even training in his or her specialized area . it can help to establish the guilt or innocence of possible suspects . Forensic evidence is also used to link crimes that are thought to be related to one another . For example , DNA evidence can link one offender to several different crimes or crime scenes ( or exonerate the accused ) . Linking crimes help law enforcement authorities to narrow the range of possible suspects and to establish patterns of for crimes , which are useful in identifying and prosecuting suspects . Forensic analysis is usually carried out by experts working individually or in teams . Advanced techniques often require laboratories where the investigative conditions can be carefully controlled and monitored . Private laboratories and Government agencies support small and large forensic labs . Analysis of forensic evidence is used in the investigation and prosecution of civil and criminal proceedings . Forensic scientists also work on developing new techniques and procedures for the collection and analysis of evidence . In this manner , new technology can be used and refined not only to keep forensic scientist on the cutting edge of science , but to maintain the highest standards of quality and accuracy . The Indian scenario . Let us first the legal aspect of forensic and medical evidence in the India . As per Section 45 of Indian Evidence Act , 1872. When the Court has to form and opine upon a point of foreign law or science or art , or as to identity of handwriting or finger impressions , the opinions upon that point of persons specially skilled in such foreign law , science or art , or in questions as to identity of handwriting or finger impressions are relevant facts . Such persons are called experts . Further , as per Section 46 of Indian Evidence Act , 1872. It is stated that facts , not otherwise relevant , are relevant if they support or are inconsistent with the opinions of experts , when such opinions are relevant . Thus the ingredients of Section 45 and Section 46 are highlights that : 1. The Court when necessary will place its faith on skills of persons who have technical knowledge of the facts concerned . 2. The Court will rely the bona fide statement of proof given by the expert concluded on the basis of scientific techniques . 3. The evidence considered irrelevant would be given relevance in eyes of law if they are consistent with the opinion of experts . Thus , we see that expert evidence helps the Courts to draw logical conclusions from the facts presented by experts , which are based on their opinions derived by their specialized skills acquired by study and experience . Hence , experts are routinely involved in the administration of justice particularly in criminal Courts . Highlighting the situation in the most commonly sought after experts The Medical experts In India , we have adversarial system of justice administration and ordinarily medical evidence is admitted only when the expert gives an oral evidence under an oath in the Courts of law expect under special circumstances like ( a ) When evidence has already been admitted in a lower Court : ( b ) Expert opinions expressed in a treatise ; ( c ) Evidence given in a previous judicial proceeding : ( d ) Expert cannot be called as witness ; ( e ) Hospital records like admission / discharge register , birth / death certificates etc .. In , India , it is a common perception that lot of time and effort is required to record evidence and therefore by enlarge members of the medical profession does not like to involve in medico - legal cases . Some of the possible reasons put forward for this perception are : ( a ) Undue time consumption ; ( b ) Repeated adjournments ; ( c ) Lack of work culture in the Courts Hardly , any scientific data is available to support or refute this perception in relation to medical evidence . Therefore , it was planned to undertake a study to analyze the quantum of time and effort put in by medical experts to get the evidence recorded in criminal Courts and other issues related to it . Forensic & Criminal Psychology. Criminal Behaviour : Before talking about what forensic and criminal psychology is , we must define criminal behaviour first . Criminal behaviour suggests a large number and variety of acts . Andrew and Bonta ( 1998 ) suggest four broad definitions of criminal behaviour and the acts and behaviours that fit within these domains . These four areas are legal criminal behaviour or actions that are prohibited by the State and punishable under the law , moral criminal behaviour which refers to actions that violate the norms of religion and morality and are believed to be punishable by a supreme spiritual being social criminal behaviour which refers to actions that violate the norms of custom and tradition and are punishable by a community and finally psychological criminal behaviour that rear to actions that may be rewarding to the actor but inflict pain or loss on others . It is criminal behaviour that is anti - social behaviour . It is difficult to define criminal behavior as ideas of what is considered immoral , unconventional , illegal or antisocial is not stable over time or place . Delinquency must be distinguished from criminality . Delinquency is defined as behaviour that is illegal , immoral or deviant with respect to societal values . Criminality on the other hand is defined as a breaking of existing laws , there is little or no confusion as to what constitutes illegal and legal behaviours . When measuring criminal behaviour we are trying in a way to predict future criminal behaviours . We may measure criminal behaviour by arrests and charges , however , not everyone charged is found guilty . We can also measure the amounts of convictions and incarcerations Therefore , when we study criminal behaviour we typically study what is known about persons who have been defined as criminals throughout the criminal justice system . Estimates of actual crime rates are usually obtained from official sources , yet different sources may yield different estimates . generally categorize crimes by type of crime and offender characteristics such as age , gender , race and location .the best single predictor of recidivism is number and type of previous criminal offences , and these rates will vary due to age gender and type of crime . A risk factor for criminality is anything in a persons psychology , developmental or family history that may increase the likelihood that they will become involved in some point in criminal activities . A protective factor is anything in a persons biology , psychology , developmental or family history that will decrease the likelihood that they will become involved in criminal activity . Brownfield and Thompson found that boys who had committed delinquent acts were more likely to have friends who had done so as well . This increased when the friend was considered a " best friend " . As well , risk factors can be divided into the various childhood time periods that they may occur and increase later criminal activity . The " cycle of violence hypothesis " predicts that abused children will become abusers and victims of violence will become violent offenders . FORENSIC SCIENCE IN CRIMINAL INVESTIGATION www.lawtool.net

DETECTION OF CRIME AND POLICE TECHNOLOGY IN INDIA,U.S.A. ,U.K 1. Detection of crime . In most countries, the detection of crime is the responsibility of the police, although specialized law enforcement agencies may be responsible for the detection of specific types of crime (for example, customs departments may be responsible for the detection of smuggling and related crimes). The detection of a crime consists of three distinct steps: discovering that a crime has been committed, identifying a suspect, and collecting enough evidence to convict the suspect before a court of law. Criminologists have shown that a high proportion of crimes are discovered and reported by persons other than the police (such as victims or witnesses), but particular types of crimes may involve the consent of a subject, such as drugs or prostitution. or in which there may be no identifiable victim, such as pornography, often undetected until the police take proactive steps to determine whether these crimes are being committed. This may require controversial methods, such as surveillance, interception of communications, infiltration of gangs, and entrapment (for example, by buying from a suspected drug dealer). Once a crime is known to have occurred, it is essential to identify the suspect. 2. The role of forensic science - Forensic science has come to play an increasingly important part in the investigation of serious crimes . One of the first significant developments was identification by fingerprints . It was discovered in the 19th century that almost any contact between a finger and a fixed surface left a latent mark that could be exposed by a variety of procedures. It was accepted in 1893 by the Troup Committee established by the Home Secretary , that no two individuals had the same fingerprints , and this proposition has never been seriously refuted . Fingerprint evidence was accepted for the first time in an English Court in 1902. The original purpose of recording and collecting fingerprints was to establish and to make readily available the criminal record of particular offenders , but fingerprint is now widely used as a means of identifying the perpetrators of particular offences . Most major police forces maintain collections of fingerprints taken from known criminals at the time of their conviction, for use in identifying these individuals should they commit later crimes. Fingerprints (which may be incomplete) found at the scene of the crime are matched with fingerprints in the collection. According to the British standard, if the sets of fingerprints share at least 16 characteristics, it is considered virtually certain that they are from the same person. For example, fibers can be analyzed by microscopy or chemical analysis to show that fibers found on the victim or at the crime scene are similar to those on the suspect's clothing. Hair samples, and especially skin cells attached to hair roots, can be chemically and genetically compared to samples of the suspect. Many inorganic materials such as glass, paper, and paint can yield considerable information under a microscope or chemical analysis.Examination of a document may reveal that it is a forgery, based on evidence that the paper on which it is written was produced by technology that was not available at the time it was allegedly dated. . 3. Modus operandi and suspect identification . identification of the suspect. The manner in which the crime was committed can also help identify a suspect because many criminals commit the same crimes over and over again. The manner in which the thief entered the home, the type of property stolen, or the type of fraud the victim of the fraud was subjected to can all indicate to the police who is responsible for the crime. Visual identification is often possible but experience has shown that such identification often goes wrong and often results in a miscarriage of justice. Suspects identified in this way are usually asked to participate in a line-up, In which the witness is asked to choose the suspect from a group of people with similar characteristics. 4. Gathering evidence - The identification of the suspect is not the last step in the process: it is essential that the investigating agency gathers enough legally acceptable evidence to convince the judge or jury that the suspect is guilty before conviction. It is common for the police to be reasonably certain that a particular person is responsible for a crime, but to be unable to establish his guilt by legally admissible evidence. To secure the necessary evidence, the police employ a variety of powers and procedures: as these potentially involve interference with the liberty of the suspect (who at this stage should be treated as an innocent person), they are generally under close control. , either by law or by the courts. An important process is the search of suspicious persons or premises or vehicles. Under common law tradition, most jurisdictions allow searches only when there is "probable reason to believe or reasonable grounds to suspect" that evidence will be found.In some cases, a person may be stopped and searched on the street, provided the police officer reveals his identity and the reason for the search. Searches of private premises usually require a search warrant issued by a magistrate or judge. The law generally allows a search warrant to be issued only if the issuing authority is satisfied, after hearing evidence on oath, that there is good reason to suspect that the evidence, which the warrant usually specifically defines, is in the premises Will be found. In most countries, the judge or magistrate who issued the warrant must be told about the results of the search. Material seized as a result of a search under the authority of a search. The warrant is usually taken into custody by the police for display at any subsequent trial. In the United States, the law has imposed strict consequences on any abuse of this process; Any evidence found as a result of a search that does not comply with the procedures and standards set by the Supreme Court and other courts interpreting the various amendments to the US Constitution, collectively known as the Bill of Rights , is not accepted in it. trial, even if it clearly establishes the guilt of the person accused, and even if the suppression of evidence may prevent the conviction of a person who is clearly guilty. This rule, known as the exclusionary rule, has sparked controversy in the United States and is not generally adopted in other English-speaking countries. 5. Interrogation and confession . The interrogation of suspected persons is an important aspect of the investigation of offences . Usually the aim of the questioning is to obtain an admission of the offence that will lead eventually to a plea of guilty and avoid the need for a contested trial . All English language countries place restrictions on the scope and methods of interrogation in order to ensure that suspects are not coerced into confessions by unacceptable means . In the United States , any suspect who is being interrogated in custody must be offered the services of a lawyer , at the expense of the State if he cannot afford to pay , and failure to advise the suspect of this right ( known as the Miranda warnings , after the case of Miranda v . Arizona ) , results in the rejection of a confession as evidence . English law follows the same general principle , that a person suspected or accused of a criminal offence is not at any stage in the process of investigation or trial obliged to answer any question or to give evidence . ( There are a few minor exceptions ; for instance , the owner of a motor vehicles is required by law to disclose the identity of the person who was driving the vehicle on any particular occasion , and drivers of motor vehicles may be required to give samples of breath , blood , or urine in certain circumstances ) .For many years, the law relating to confessions in England included a simple rule that prohibited the admission in evidence at trial of any involuntary statement made by an accused person. This rule was supplemented by more detailed rules governing the questioning of suspicious persons by the police, which were drawn up by judges of the High Court and are known as the Judges Rules. The operation of the judges' rules was a source of controversy for many years, and they have been replaced by a wider range of provisions under the Police and Criminal Evidence Act, 1984. The Act provides that a confession may be admitted in evidence by an accused person provided the court is satisfied that the confession was not obtained by coercion of the person who made it or obtained as a result of any Was or had done such a thing as to make the confession unreliable. Torture is defined to include torture, inhuman or degrading treatment and the use or threat of violence, but no doubt includes other cases (such as interrogation of excessively long periods). 6. Police technology in U.S.A. and other countries . Police technology - Police technology refers to the wide range of scientific and technological methods, techniques, and equipment relevant to policing. As science has advanced, so too have the technologies that the police have used to prevent and solve crimes. Police technology was recognized as a distinct academic and scientific discipline in the 1960s, and since then a growing body of professional literature, educational programs, workshops, and international conferences has been devoted to the technical aspects of police work. Although policing in one form or another has existed since the beginning of human civilization, for the vast majority of this history the duties that now fall to the police were accomplished largely by the military as directed by royalty, magistrates, or other governing bodies. Many examples of an incipient police technology date from ancient and medieval times. For example, the ancient Egyptians used detailed word descriptions of individuals, a concept known in modern times as "portrait parle," and the Babylonians pressed fingerprints into clay to identify the author of cuneiform writings and to protect against forgery. Formalized police departments were established in the 19th century, and since that very time technologies have developed rapidly transforming police work into a more scientific endeavour. 7. Mobility -To be effective , police forces must be in close proximity to the citizens they serve . The first and most basic means of maintaining this close contact was the foot patrol . Officers were deployed by time of day and area . were kept geographically small to allow officers to respond to incidents in a timely manner . In larger rural jurisdictions , officers were deployed on horseback . Both foot and mounted patrols continue to be used throughout the world .Foot patrol is used in congested urban areas , in high - density housing complexes , and at special events mounted patrol is also used for special events and for crowd control . To be effective , police forces must be in close proximity to the citizens they serve . The first and most basic means of maintaining this close contact was the foot patrol . Officers were deployed by time of day ( watches ) and area ( beats ) . Beats were kept geographically small to allow officers to respond to incidents in a timely manner . In larger rural jurisdictions , officers were deployed on horseback . Both foot and mounted patrols continue to be used throughout the world . Foot patrol is used in congested urban areas , in high - density housing complexes , and at special events mounted patrol is also used for special events and for crowd control . The development of the automobile dramatically transformed police work . Initially , motor vehicles were used not for patrol but rather for deploying officers to foot - patrol beats . The range of duties performed by police requires a variety of different vehicles . The modern patrol vehicle is routinely fitted with heavy - duty alternators to power the numerous electronic devices and a heavy - duty cooling system to handle engine heat while idling during hot weather . Each vehicle is equipped with an array of electronic devices , including rides , siren and light controls , a public address system , a cellular telephone a radar unit , and , in many jurisdictions , a mobile digital terminal . In many rural jurisdictions the typical four - door sedan has been replaced by sport - utility vehicles and four - wheel - drive trucks . In areas , where there are no paved roads ( e.g. , open country , beaches , and forests ) , the police use all - tear - rain vehicles and off - road motorcycles . Snow - mobiles and tracked vehicles are used in areas where large snow accumulations are typical . Some police vehicles have been adapted from military vehicles . Police in South Africa use the Buffel , a vehicle derived from a military armoured personnel carrier , and the Police Service of Northern Ireland ( formerly the Royal Ulster Constabulary ) uses military vehicles in its patrols . In the United States some police departments have converted armoured scout vehicles to assist in high - risk operations . Vehicles built on large chassis can be used to transport a fully equipped command centre to a crime scene or disaster area . Police departments that patrol a waterfront employ small to midsize open cockpit motorboats . Customs and border - surveillance agencies have access to some of the most complex and exotic watercraft to combat illicit drug running and border incursions . In areas with large swamps , the police use airboats ( flat bottomed boat hulls with an aircraft engine and propeller for propulsion ) . Various types of aircraft are used in police patrols . Helicopters , the most commonly used aircraft , are often equipped with a high - intensity spotlight that can provide overhead illumination for units on the ground . Another device used by aircraft , a passive infrared unit sometimes called Forward Looking Infrared heat energy emitted by ( FLIR ) , provides night vision . FLIR units can measure objects and living things , enabling ground units to be directed to a particular location . The police also employ fixed - wing aircraft for operations such as border patrols and drug surveillance , police - personnel transport over long distances , and highway traffic control . They range in size from single - seat planes to Multi engine jet aircraft . In the 1990s , there was growing interest in bicycle patrols . Bicycle patrol officers are specially trained and equipped with robust but lightweight urban bicycles . Bicycles are very useful for patrolling urban parks , housing complexes , school campuses , and locations where there are multiple large walkways not immediately accessible from the street . Traffic law enforcement is often conducted by patrol officers on motorcycles or in automobiles . The officers use radar units , either handheld or vehicle mounted , to measure vehicle speed . The most technologically sophisticated of these instruments emit a focused invisible laser beam that makes if possible to gauge the speed of a specific vehicle within a group of moving vehicles . 8. Communication . The vehicles discussed above would be nothing more than efficient conveyances . If police officers were unable to communicate instantly with each other and the public . During the earliest times , communication was accomplished through oral or written orders in an administrative chain of command . As society progressed and the military was used less for domestic peacekeeping , systems of local control were established . In England , the watch- and - ward system evolved to provide citizens with protection from crime . During times of duress , the men on watch would raise the hue and cry to summon assistance from the citizens of the community or , in the case of a larger community , from others already on watch . These watch standers were equipped with various signaling devices , including bells , ratchets , and rattles . With the passage of the Metropolitan Police Act in England in 1829 , the police were formalized into a full - time paid service that was directed by a central command through face - to - face contact between supervisors and subordinates . As urban areas expanded and the police were deployed to more treats over larger geographic areas , this system of human communication became increasingly inefficient . Face - to - face contact gave way to the use of telegraphs in the mid - 19th century , and in the late 1870s police departments began installing telephone systems . In urban jurisdictions call boxes , or street telephones , were placed on beats to enable patrol officers or citizens to alert the central command of a disturbance . In 1917 the police department of New York City began equipping patrol vehicles with a one - way radio receiver that enabled the central command to send emergency messages to officers ; however , this and other early radio communications systems were fraught with technical problems . In 1928 , following several years of experimentation , the police department of Detroit , Mich . , improved the technology to allow regular contact between headquarters and patrol units ; the system developed in Detroit was subsequently the basis of communications systems developed throughout the United States . Two - way radio receivers were first deployed in 1933 in Bayonne , N.J. , and their use proliferated in the 1940s . Rados in patrol cars were eventually supplemented by portable radio transceivers carried by individual officers to allow uninterrupted radio contact between officers and the despatch centre . Police radio - communications systems benefited from the development of computers , which made possible the quick retrieval of information on stolen property , wanted persons , and other police intelligence . Computers were eventually placed in patrol cars . These Mobile Digital Terminals ( MDTs ) enable officers to check licenses , wanted persons lists , and warrants from the patrol vehicle without making an oral radio transmission . MDTs have been supplemented with a wide variety of digital pagers and cellular phones . 9. Computerization . The police were early adopters of computer database technology . In the United States , the National Crime Information Center ( NCIC ) was established in 1967 ; police records were subsequently computerized and made available to police agencies throughout the country . The NCIC's database evade capture . The database contains fingerprints a registry of sexual offenders , enables local police departments to apprehend offenders who might otherwise and warrants for firearms violations ; the system can even search for phonetically and mug shots , and it can be queried for detailed information on stolen vehicles similar names . Similar databases maintained by U.S. States provide access to police to misdemeanour warrants , driver - citation records , and vehicle Early systems of police dispatch involved a single operator who took calls from the public and dispatched officers via radio . The first emergency telephone system was established in 1937 in London , where callers could dial 999 to attract the attention of an operator . Dispatch was improved in the United States in the late 1960s with the establishment of the 911 emergency telephone system . Similar systems have since been adopted also in other countries throughout the world . ownership information . Computer - Assisted Dispatch ( CAD ) systems such as the 911 system vary in size and complexity . They are used not only to dispatch police quickly in an emergency but also to gather data on every person who has contact with the police . Information in the CAD database generally includes call volume , time of day , types of calls , response time , and the disposition of every call . An enhanced 911 ( E911 ) system adopted in the United States instantaneously identifies the phone number , physical address , and the name of the person who owns the phone from which the call is made . Data maintained in the E911 system sometimes include a history of calls to the police from the caller's location . When the CAD system is linked to a global positioning system , dispatchers can immediately locate the police car nearest the scene of the emergency . Although records are essential for effective police operations , police departments would be overwhelmed without a mechanism for filtering information and making sense of it . Police have long been able to glean similar cases from records available to them , but , until the advent of computer database , systems , such cases were found through the recollection of an experienced investigator . Computerized records systems can be extremely effective in drawing out relationships between past and present cases and suspects . The computer acts like a seasoned detective with an encyclopaedic memory . Systems such as COMPSTAT ( computerized statistics ) , which plot specific incidents of crime by time , day , and location , are used by a variety of large cities , enabling police departments to piece together information and to deploy personnel efficiently . 161 CHP . 20 - SYN . 11 ] 10. Criminal identifiction . - As early as the 1840s in Brussels , photographs were used by the police to keep track of criminals . Such photographs or mug shots , are an essential tool for police investigators . A variety of different formats have been used including most recently , digital images and there is no single universal system employed throughout the world . Digital mug shots have the advantage of being intently transmittable anywhere in the world via the Internet . The science of anthropometry was developed in the late 19th century by Alphonse Bertillon , chief of criminal identification for the Paris police . The Bertillon system which gained almost immediate acceptance worldwide , used. detailed physical measurements of body parts , especially the head and face , to produce a portrait parole . The technique of DNA fingerprints , which involves comparing samples of human DNA left at a crime scene with DNA obtained from a suspect , is now considered the most reliable form of evidence by many investigators and scientists . Since its development in the 1980s , DNA fingerprinting has led to the conviction of numerous criminals and to the freeing of many individuals from prison who were wrongly convicted . The Combined DNA Index System ( CODIS ) , used by the FBI in the United States , combines computer technology with forensics , enabling investigators to compare DNA samples against a database of DNA records of convicted offenders and others . in the 1980s, when the Japanese National Police Agency established the first practical system for matching prints electronically. The system, called the automated fingerprint identification system (AFIS), allows police to search rapidly through millions of fingerprint records. The technique of DNA fingerprints , which involves comparing samples of human DNA left at a crime scene with DNA obtained from a suspect , is now considered the most reliable form of evidence by many investigators and scientists . Since its development in the 1980s , DNA fingerprinting has led to the conviction of numerous criminals and to the freeing of many individuals from prison who were wrongly convicted. The Combined DNA Index System ( CODIS ) , used by the FBI in the United States , combines computer technology with forensics , enabling investigators to compare DNA samples against a database of DNA records of convicted offenders and others . In criminal investigations biometrics analysis , or biometrics , can be used to identify suspects by means of various unique biological markers . Biometric devices can map minutiae in a single fingerprint and then compare it with an exemplar on file , conducting a retinal or iris scan of the eye , measure and map an entire handprint , or create a digital map of the face . Beometric facial mapping systems , or " facecams , " when linked to offender databases and closed circuit television ( CCTV ) cameras in public places , can be used to identify offenders and alert police . Such systems were implemented in London and other areas of Britain beginning in the 1990s and in several U.S. cities and airports in the early 21st century . Some advocates of biometrics technology have proposed that biometrics data be embedded into driver's licenses or passports to enable security officials to identify suspects quickly . After the September 11 attacks in the United States in 2001 , proponents of biometrics called for expanding its use significantly, arguing that such measures were necessary to protect the United States and other countries from international terrorism . Critics of the technology contended that it unduly infringed upon the civil liberties of law abiding citizens ; 11. Equipment and tactics ( i ) Vests and holsters - Officers , whether plainclothes or in uniform , carry a variety of equipment with them on service calls . An essential piece of equipment is the bulletproof vest , which covers the torso of the officer and is worn either over or under the uniform shirt . Many are made with the fibre Kevlar and can protect against most handgun projectiles and many types of knives . More robust vests made of ceramic and fibre combination can withstand rifle fire and are used in bomb - disposal operations . ( ii ) Arrest - and - control technologies and techniques . - Non lethal tactics and instruments . Officers routinely arrest suspects in the course of their duties . Although most suspects surrender without incident , occasionally some will resist being taken into custody . Some unarmed techniques for subduing suspects re drawn from various martial arts , such as judo and aikido , and others are based on knowledge of nerve pressure points . Unarmed control tactics are used in most incidents in which the police use force . Electronic technologies include the stun gun , which delivers an electric charges that causes muscle spasms , pain , and incapacitation ; and the Taser , which fires two barbed projectiles that deliver an electric charge without requiring the officer to come within arm's reach of the suspect . Tear gas is traditionally used to disperse large crowds . Early aerosol sprays were problematic and were used only sparingly because they vapourized and could affect officers and others in close proximity to the suspect - particularly inside a squad car . Sprays containing capsicum oleoresin , an irritant derived from pepper plants , proved to be more effective than other aerosols , and they possessed the additional advantage of being non - vaporizing . The less harmful " pepperball , " which combines a compressed air launcher and a projectile filled with capsicum oleoresin , was developed in the 1990s . Because the projectiles break upon impact , they usually do not cause permanent injury , even when fired at close range . The so - called " beanbag projectile , which can be fired from shotguns and grenade launchers , (iii) Police dogs . - Dog were first trained for police work at the turn of the 20th century in Ghent , Belg , and the practice was soon copied elsewhere . Although certain breeds with especially keen senses are used for special purposes , such as detecting caches of illegal drugs and explosive or for tracking fugitives and missing persons , the most widely trained dog for regular patrol work in the German shepherd , or Alsatian . Other breeds that are sometimes used include Boxers , Doberman pinschers , Airedale terriers , Rottweilers , Schnauzers , and Bloodhounds . (iv) Firearms and explosives . In the most exigent circumstances , police may have to use firearms . Police in Britain are generally unarmed , though , beginning in the late 20th century , a growing number of officers there carried guns . In countries in which the police carry sidearms , a wide variety of handguns and long guns are used . (v) Handguns . The first practical police firearm , the multishot revolver , was patented in 1835 by Samuel Colt . Although slow to be accepted at first , it grew in popularity after the U.S. Government purchased 1,000 of the sidearms for the Mexican War ( 1846-48 ) and after the Yexas Rangers adopted it as their official weapon . In 1851 , the British gun manufacturer Robert Adams introduced the self - cocking double act on revolver . In the United States the revolver has become with few exceptions , the police sidearm of choice for more than a century . Semi - automatic pistols were developed in Germany in the late 19th century by Peter Paul Mauser , whose Mauser rifle became a standard infantry weapon . In 1911 the 0.45 calibre single action semi - automatic pistol developed by theAmerican weapons designer John Browning was adopted by the U.S. military . Although this Browning design dominated the American semi - automatic pistol market , European manufacturers were producing a variety of weapons , particularly double action pistols . Beginning in the 1970s , police departments in the United States slowly began to replace revolver with semi - automatic pistols . ( vi ) Shotguns and rifles .-- The standard police sidearm is strictly a defensive weapon . For offensive operations such as gunfights , more powerful firearms , such as shotguns and rifles , are necessary . Shotguns are capable of firing at variety of ammunition , including buckshot , slugs , tear gas , batons , and grenades . The pump - action of shotgun , which was widely used in police departments from the early 20th century , began to be replaced by the semi - automatic shotgun in the late 20th and early 21st centuries . The lever - action rifle accompanied the lawmen of the American West as they policed their jurisdictions in the 19th century . During the 20th century police continued to use rifles of various descriptions and calibers . From the 1920s until World War II , some police departments in the United States adopted the Thompson sub - machine gun , or tommy gun , a weapon that was also embraced by the criminal underworld . The advent in the late 1960s of Special Weapons And Tactics ( SWAT ) teams brought into service police countersniper units . Weapons used by such teams varied but typically included bolt action light calibre rifles fitted with felescopic sights . ( vii ) Explosives . - Explosives are used only sparingly by police , generally for breaching barricades and as distraction devices . Explosive " flash - bangs , " which generate a loud explosion and a brilliant flash that disorient suspects , are usually tossed by hand or launched from firearms . One variation of the flash bang , used particularly for riot suppression , discharges multiple small rubber balls or baton projectiles . ( viii ) Surveillance systems . - Audio surveillance , or electronic eavesdropping , became practical for obtaining evidence and investigative leads after the development of magnetic recording in the early 20th century . Among the earliest automated surveillance systems were telephone pin registers , which recorded the phone numbers called from a certain surveillance location . Modern systems allow investigators to record the numbers of both incoming and outgoing calls , as well as any conversations . Other technologies enable audio surveillance through covert miniature microphones and radio transmitters and al variety of radio receiving and voice recording equipment . Self - contained wireless microphones are now so small that they can be secreted into virtually any object . Police conduct visual surveillance with binoculars , telescopes , cameras with telephoto lenses , CCTV , and videotape recorders . Cameras fitted with telescopic and other specially lenses have become standard covert surveillance tool . Night vision devices , or " starlight scopes " , can be combined with telescopic lenses , both film and digital cameras , and videotape recorders . Similar to the FLIR units on aircraft , hand held passive thermal - imaging devices allow for convert observation in complete darkness . The technology has been widely adopted in Britain to monitor public areas . Cameras may be equipped with telephoto or variable power lenses and motor drives . Low light cameras can record images in almost complete darkness : those equipped with infrared emitters can record images in total darkness .The videotapes may be used as evidence in Court to confirm or refute allegations of improper or illegal conduct by police officers . ( ix ) Lie detectors . Throughout history , those responsible for enforcing the law have attempted to develop lie detectors . One interrogation method used in Asia was based on the principle that salivation decreases during nervous tension . The mouths of several suspects were filled with dry rice , and the suspect exhibiting the greatest difficulty in spitting out the rice was judged guilty . Another precursor of the modern lie detector was employed in India , where suspects were sent into a dark room where a sacred ass was stabled and were directed to pull the animal's tail . They were warned that if the ass brayed it was a sign of guilt . The ass's tail had been dusted with black powder ; those with a clear conscience pulled the tail , whereas the guilty person did not , and an examination of the hands of the suspects revealed the person with the guilty conscience .Scientific advances led to the development of polygraphs in the 1920s .The polygraph is base don the premise that an individual who is lying will have subtle but measurable changes in specific physical indicators . Lie detectors utilize sensors placed on the test subject that record respiration , heart rate , blood pressure , and galvanic skin response or moisture in the fingertips . Taken together under highly controlled interview conditions and interpreted by a trained expert , these measurements may indicate an attempt to deceive . Although the polygraph has proved an invaluable aid to police , its scientific validity has been questioned by some psychologists . Accordingly , the results of polygraph tests are not always admissible in judicial proceedings . Voice stress analyzers , which became commercially available in the 1970s , rely on the detection of minute variations in the voice of the subject . Advocates of voice - stress analysis contend that a lying subject will produce vocal microtremors that can be captured and graphed . Despite its initial promise , the voice stress analyzer has not gained universal acceptance . Other techniques developed in the date 20th century relied on measurements of brain - wave activity and on thermal images of facial skin temperature . DETECTION OF CRIME AND POLICE TECHNOLOGY ( INDIA,U.S.A. ,U.K ) www.lawtool.net

uniform civil code for all citizens www.lawtool.net What are the provisions of the uniform civil code for all citizens? shall endeavor to secure for its constitution contained in Chapter IV "Directive Uniform Civil Code for all Citizens not be enforced by any court, but the principles therein laid down are nevertheless fundamental in the governance of the contrary and it shall be the duty of the state to apply these principles in making laws". Article 44 of the constitution enjoins in its Directive Principles that "The state Principles of State Policy" lays down that "The provisions contained in this part shall Justice Kuldip Singh, in his separate but concurrent judgment observed: one wonders how long will it take for the Government of the day to implement the mandate of the formers of the constitution under Article 44 of the constitution of India. The traditional Hindu Law - personal law of the Hindus governing inheritance succession and marriage was given go bye as back as 1955-56 by waiting for the There is no justification whatsoever in delaying identifinitely the introduction of uniform personal law in the country. "Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilized society. Article 25 guarantees religious freedom whereas Article 44 seeks to divest religion from social relations and personal law. Marriage, succession and like matters of a secular character cannot be brought within the guarantee enshrined under Articles 25, 26, and 27. The personal law of the Hindus, such as relating to marriage, succession and the like is all of sacramental. The Hindus along with Sikhs, Buddhists, and Jains have forsaken their sentiments in the course of national unity and integration, some other communities would not. though the constitution enjoins the establishment of a "common civil code" for the whole of India, The matter was considered at length by the Supreme Court in Smt. Sarla Mudgal, President Kalyani Vs. Union of India and others, judgment Today, 1995 (4), S. C. (331) by Hon. Mr. Justice Kuldip Singh and Hon. Mr. Justice R. M. Sahi. The problem with which these appeals were concerned was that many Hindus have changed their religion and have become converts to Islam only for purposes of the consequences of bigamy. of escaping For instance - Jitendra Mathur was married to Meena Mathur. He and another Hindu girl embraced Islam, obviously because Muslim Law permits more than one wife and to the extent of four. But no religion permits deliberate distortions. To check the misuse, observed Mr. Justice R. M. Sahai, many Islamic countries have codified the personal law "Wherein the practice of polygamy has been either totally prohibited or severely restricted (Syria, Morocco, Iran, Tunisia, Pakistan, the Islamic Republic of the Soviet Union are some of the Muslim countries to be remembered in this context"). But ours is the secular Democratic Republic, freedom of religion is the core of our culture. Even the slightest deviation shakes the social fibre. But religious practices, violative of human rights and dignity and sacerdotal suffocation of essentially civil and material freedoms, are not autonomy but oppressive. Therefore, a unified code is imperative both for the protection of the oppressed and promotion of national unity and solidarity. But the first step should be to rationalise the person law of the minorities to develop religious and cultural amity. The Government would be well advised. Observed the learned Judge, to entrust the responsibility to the law commission which may in consultation with Minorities commission examine the matter and bring about the comprehensive legislation in keeping with modern day concent of human rights for women."Political history of India shows that during the Muslim regime, Justice was administered by the Qazis who would obvively apply the Muslim scriptural law to Muslims, but there was no similar assurance so far litigation concerning Hindus was concerned. The system, more or less, continued during the time of the East India Company, until 1772 when Warren Hastings made Regulations for the administration of civil justice for the native population, without discrimination between Hindus and Mohamedans, The 1772 Regulations followad by the Regulations of 1781 where under it was prescribed that either community was to be governed by it's personal law in matters relating to inheritance, marriage, religious usage and institutions. So far as the criminal justice was concerned, the British gradually suppressed the Muslim Law in 1832 and Criminal Justice was governed by English common law.Finally the Indian Penal Code was enacted in 1860, and the policy continued throughout the British regime until independence and the story of India was partitioned by the British rulers into the states on the basis of religion. The Supreme Court, through the Prime Minister of the country, asked the Government of India to take a fresh look at Article 44 of the Constitution of India and ensure a Uniform Civil Code for citizens across India. "Governments till date have been grossly negligent in their duty to implement the constitutional mandate under Article 44 of the Constitution of India." The Supreme Court also held that the marriage solemnised by a Hindu husband after embracing Islam may not be strictly void marriage under the act because he is no longer a Hindu, but the fact remains that the said marriage would be in violation of the Act which strictly profess monogamy. The Supreme Court further directed the Government of India through the secretary, Ministry of Law and Justice to file an affidavit of a responsible officer in the court in August 1996 indicating therein the steps taken and efforts made by the Government of India, towards, securing a uniform civil code for the citizens of India. A Hindu marriage solemnised under the Act can only be dissolved on any of the grounds specified under the Act. Till the time a Hindu marriage is dissolved under the Act none of the spouses can contract second marriage. Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. The second marriage by a convert would therefore be in violation of the act and as such void in terms of Section 494 I. P. C.. Any Act which is in violation of mandatory provisions of law is perse void. All the four ingredients of Section 494 are satisfied in the case of a Hindu husband who marries for the second time alter conversion to Islam. He has a wife living, he marries again. The said marriage is void by reason of its taking place during the life of the first wife. On August 11, 1995, the Supreme court indicated that its observation on the disability of having uniform civil code was not binding. A division bench comprising Mr. Justice Kuldip Singh and Mr. Justice S. Saghir Ahmad said that "Remarks made in its receipt reasoned judgement about the need for a uniform family code were obiter" and not a mandatory direction the aforesaid observations were made by the presiding judge Mr. Justice Kuldip Singh during the hearing of a writ petition by Mohd. Karim Ghazi of Delhi a convert Muslim, challenging the prosecution for bigamy under section 494 of Indian Penal Code. The Petitioner's counsel submitted before the court that the impugned judgment required reconsideration by the apex court as it contained certain inherent infirmities. Therefore, he arqued that the matter should be decided by the five-judge constitution bench of the apex court. The court, however, deferred the hearing on the writ, petition and ordered that the petition be listed before the court after it disposed of the review petition on this issue pending before the court. Uniform Civil Code For All Citizens www.lawtool.net

1. Prostitution . According to G.R. Scott , A prostitute is an individual ( male or female ) who for some kind of reward ( monetary or otherwise ) or for some other form of personal satisfaction and a part or full time profession , engaged in normal or abnormal sexual the sex intercourse with various persons who may be of the same sex or the opposite sex is the prostitute . The Suppression of Immoral Traffic in Women and Girls Act , Prostitute means a female who offers her body of the promiscuous sexual intercourse for hire whether in money or in kind . On the other hand , prostitution means the act of a female offering her body for promiscuous sexual intercourse for hire , whether in money or in kind . 2. Prostitute - customer relationship .- ( i ) Commercial - Each coition or extracoital sexual act ( of series of coitions or extracoital acts ) is paid for separately and at the time, usually in cash . ( ii ) Transit - There is brevity of time and is transient . ( iii ) Impersonal . The relationship is impersonal , especially on the side of the prostitute . Anonymity is maintained in most cases . ( iv ) Predetermines . - Affection , tenderness and mutual respect often wanting . Customer only desire for sexual pleasure . 3. Form of prostitution .- ( i ) Common prostitute . - The old and trained prostitutes procure girls and maintain brothels and den , the girls are provided fooding and clothing . The brothel keepers make money out of their earnings . They are mostly poorly paid and socially insulted . ( ii ) Hotel Prostitute ( Call Girl ) .- They live in the most expensive residential houses , they dress in rich , good taste . The call girl has fewer sex contacts than do other . They have got PREROGATIVE OF REFUSAL the right to turn down any customer who for one reason or another , is distasteful to bear . Bar prostitutes are not full time whores but are girls supplementing income earned by bar - maids . ( iii ) Decentralized Prostitutes . Due to suppression of Immoral Traffic Act , prostitutes have been decentralized in the various parts of the cities where they independently carry their profession . ( iv ) Hereditary Prostitutes - In certain classes of society , prostitution is handed down from mother to daughter is hands down for mother to daughter without any shame and immorality . Girls are trained in the art of dancing and singing . In God and Sawantwadi , they are called Goumantak Maharattas , and Kolati ; in Andhra Basvi and Koyi , in Bihar and U.P. the Nuts and Beriaras . They are generally better trained and keep to one man only . ( v ) Prostitute belonging to backward and criminal tribes . - In Northern India some nomadic tribes , prostitution is prevalent in terms of custom . They prostitute their girls without any social disgrace . ( vi ) Religious prostitutes . The Devdasi system , girls are dedicated to temples . They are known by different names viz . , Devdasi in Kerala , Murli in Maharashtra , Bavsi in Telangana . Jogathi in Karnataka . The duty of these temple girls is to dance and sing before the idol on ceremonial occasions . ( vii ) Traditional prostitutes . - Generally the ancient Rajas , Jagirdars and rich persons maintained traditional group of prostitutes . Their duty was to entertain rulers and princes on the occasion of the festivals . In some religious ashramas women devotees are exploited both by the Sadhus and the visitors . CAUSES OF PROSTITUTION It is a product of social , economic , psychological and pathological factors . ( a ) Rapid industrialization . Modern mechanization and urbanization has brought about total disintegration of the family institution . The control of parents over their wards has weakened and negligence of parents is responsible for indiscipline , rowdyism and vagrancy among youngsters . Rapid industrialization is responsible for the acute shortage of living and housing accommodation . The industrial workers are forced to leave their wives in the rural areas . Consequently , in all industrial and commercial centers we find in inequality of sexes . It leads to an increase of prostitution and spread of venereal disease , first in city and later in village with the return of migratory labourers to his home .Many men hesitate to bring their wives into the industrial cities where the atmosphere is so alein to that of village with its code of moral restraints . Dr. R.K. Mukerji in Indian Working Class at observed the IN FACT IN THOUSAND OF SLUMS OF THE INDIAN IS CENTERS MANHOOD BRUTALIZED , WOMANHOOD DISHONOURED AND CHILDHOOD POISONED AT ITS VERY SOURCE Children and adolescents are kept ignorant from the true knowledge of sex . Hence they cultivate knowledge towards sex from obscene literature , films and magazines etc. This result in sex delinquency in the form of unmarried motherhood , abortion , rape , kidnapping , enticement , abdication , adultery , incest , indecent assault etc. ( b ) Social customs . - The dowry system , child marriage , prohibition of widow remarriage , the system of polygamy , the dual standards of morality and caste system and bride price are some of the factors which creates tension in the family . Young girls are often forced to remain as spinsters due to dowry system . Due to disintegration of joint family system there is little protection to widow , They frequently enter into sex promiscuity . The Hindu Marriage Act condemns all form of sex indulgence except the marital union of spouses as husband and wife as illegal and improper . The Act does not take into consideration the reasons for dis - satisfaction between the wife and husband such as impotency , temperamental differences , physical imbalance , disease , neglect of spouses or children etc. , the Mohammedan law as to marriage permissibility of four wives to Muslim husband ; muta a marriage , easy mode of talaq , etc. , are to some extent meant to mitigate illegal sex indulgence . The Mohammadan Law also needs some amendment . Social - Scientists are of opinion that sex delinquency is basically evil but it is necessary for procreation , physical fitness and mental satisfaction . In India chastity is stressed more on women than men . Donald Taft . Criminology , at page 262 observed that sexuality is a biological phenomenon needs no specific training . He further observed that contraceptives would remove a deterrent on immoral behaivour and people would be free to indulge in sex delinquencies without impunity , without fear of possible conception or birth . Dr. Freud in his theory of criminal behaviour has explained sexual criminality in terms of FUNCTIONAL DEVIATIONS AND MENTALS CONFLICT IN THE PERSONALITY OF INDIVIDUALS . However, a person indulges in extra - martial sex relations when there is lack to ego and super ego . It generates urge in a person sex urge which is controlled by ego and super - ego . THE SOCIAL CAUSES Family causes . - Their parents were either living separately or their family relations are so strained that the children are left of their own will and wish and receive no love . If the mother is characterless she cannot escape the eager eyes of her daughter . Maritial factor - Young widow tries to satisfy her sexual desire by extra marital relation with relatives or friends . Bad neighbourhood . - The children living near brothels or in the company of immoral persons becomes so used in seeing sex trade that they come to accept it as normal . Illegitimate motherhood - Nobody wants to marry them but everybody wants to enjoy them sexually . Desperately such women prefer to become regular prostitutes . Poverty . The prostitutes are generally illiterate , unfortunate and poor . They permit the customers to exploit their bodies for making their living . ill - treatment . In certain families , daughters - in - law are not properly treated by mother - in - law , sister - in - law or by the husband himself due to unsatisfaction of dowry demands . Women very often commit suicide or run away from house and they easily prey to anti - social elements . Kidnapping - Young girls and ignorant women are often seduced by lover , procurers , employers or co - workers on the false promise of marriage and of employment . Many young girls or ignorant women run from house due to attraction of becoming actress . Unemployment . - Many females have to work in hotels , offices , industry and shop at immature age due to unemployment of the male members in the members in the family . They are easily misled by lust seekers . Woman was paid less wages than men . Contractors try to recruit maximum number of women in the labour force and these women are easy prey of the lusts of contractors and their friends . Lack of recreation . Due to bad company and lack of recreation the women may adopt drinking , gambling , dance halls , etc. Bonger has mentioned he following factors 1. Immoral environment . 2. Early employment . 3. Illegitimate maternity . 4. Poverty . 5. Vested interests . Changes in habits . Donald Taft observed that changes in the habits of dress and undress , ex themes in literature's , dramas , obscenity in advertisement , movies , television and cinemas may stimulate sexual impulses in varying degree . They learnt new ways of flirting , romance and courtship from these films and try to practice in their real life . They are unable to control sex drive which result in unmarried motherhood . Edwin Sutherland observed that they may tried of abort the child , if child is allowed to take birth , this again creates complications of fatherhood or legitimacy of the child so born . Thus this leads to series to correlated offences . Consumption of liquor . - Consumption of liquor , drugs etc. , a person under the influence of liquor , drugs commits many serious sex crimes . Defective law and its enforcement . In the majority of the sex crimes , the offenders get acquitted in the absence of eye - witnesses as these crimes are committed in desolate lonely places . Besides fear , awe and humiliation at the hands of police , lawyers etc. Victims of Crime does not approach the law Courts , police , etc. The Medical expert are generally due to money , muscle or of thecauses does not give correct and positive opinion about the commission of offence in order to play safe . If the victim happens to be a child or a teenage giri , she may not be able to uphold the story fully and freely and correctly in the Court resulting in acquittal of the offender . Disadvantage of prostitution 1. They have become a part of underworld :- gambling , smuggling , narcotic drugs syndicate etc. , and it is not possible for them to come out of it . 2. They are protected and exploited by their pimps and these pimps or touts takes away the substantial amount of their income . They have also to provide corruption money to the police to protect them from harsh treatment by the pimps , bad customers etc. They have to pay substantial amount to the advocate and also fines if punished . They have to pay money to pimps , police officers etc. , for the safety from hoodlumps . Thus they have no much amount to saved to start a new legitimate business or profession . They have to undergone jail terms many a times which disrupts their source of income . The income of the prostitutes their source of income follows the PRINCIPLE OF DIMINISHING RETURN IN TERMS OF AGE and a time comes when they have starved themselves even for foods , clothing , house etc. , due to old age or loss of glamour . Underworld associations tends to lead to alcoholic and narcotic addiction due to stressful and dangerous living conditions . 3. They are sufferer from general disease , HIV . etc. , which takes away substantial amount of their earning in curing the diseases . 4. In order to store some money for new business or profession or for retirement age , the longer one remains in the business , then it becomes difficult to make satisfactory new life outside it in the respectable worlds ; after lapse of sufficient time of their life span . They have to suffer disgrace of past immoral life , arrests and overburdening attitude of former customers in new life . 5. Repression , control , regulation and other policies . Suppression refers to the efforts to be made to wipe out the institution of prostitution . This is not possible but would lead to clandestine vices . Regulation accepts the inevitability of prostitution and efforts are directed of prevent and minimize its evil effects . Through the process of licensing , registration , enforcing health directives and prescribing limits in the city or town where the profession could be carried out . The Government can prevent the nuisance aspect of the prostitution . The Suppression of Immoral Traffic Act , 1956 does not prohibit prostitution as such but seek to remove some of the conditions which promotes prostitution . The provisions are directed mainly towards those who either organize prostitution by running brothels or induct women into the sex trade . The important object of this Act is to rescues girl in need to help and provision is made for protection homes . The prostitution means the sexual exploitation , abuse of persons for commercial purposes . The Act classifies the persons into three categories viz . , children , minors and adults ; the formers two being less than 18 and 16 years respectively . Under Section 5 procuring , inducing , or taking for the sake of prostitution is made punishable with varying period of imprisonment's . Greater punishment is awarded for offence against minors and children . 6. Measures for the control of prostitution . The problem of prostitution is based on several factors . Hence , it cannot be controlled by an isolated measure . In brief , the following measures are helpful to solve the problem of prostitution 1. Improvement in economic condition - In several cases , adverse economic condition leads a woman to prostitution . Hence , a woman should be economically protected . 2. Removal of social evils There are several social evils hampering the development of personality . Dowry system , prohibition of widow remarriage , bride - price etc. , are some factors which create bad atmosphere and disintegrate the family in a distinegrated family , there is no protection to widows and unmarried girls . 3. Healthy sex education In India , there is the peculiar attitude towards sex . Consequently , youths remain ignorant from the scientific knowledge of sex . 4. Rehabilitation of prostitutes - There should be rehabilitation of those prostitutes who may be willing to lead their family life . 5. Public opinion - There should be healthy public opinion against prostitution . 6. Punishment There should be legal provision for the punishment of those people who maintain brothel and live on the earnings of prostitutes . 7. Proper treatment In certain cases , physiological factors are also involved in sex delinquency . Therefore , proper treatment should be provided to those feeble minded having uncontrolled sex inputs . Legislative Measures Regarding the Control of Prostitution. In India, the legal provision regarding the prohibition of prostitution began with the commencement of the Indian Penal Code . It contains provision regarding the protection of minor girls from being forced to a life of prostitution. Similarly , the Police Acts of the principal cities prohibit the location of brothels in specified areas . At present several State Acts are enforcing regarding the control of prostitution . But the Central Act in this respect was enacted in 1956 . Suppression of Immoral Traffic in Women and Girls Act , 1956. - The Suppression of Immoral Traffic in Women and Girls Act was enacted by the Parliament in pursuance of the International Convention signed at New York on the 9th May , 1950. The purpose of this Act is to abolish traffic in women and girls for the purposes of prostitution . The following are the main provisions of the Act Punishment for keeping a brothel or following premises to be used as a brothel . According to the provisions of this Act , any person who keeps or manages , or acts or assists in the keeping or management of a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees , and in the event of a second or subsequent conviction , with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees . Punishment for living on the earnings of prostitution . Any person over the age of eighteen years who knowingly lives , wholly or in part , on the earning of the prostitution of a woman or girl shall be punishable with imprisonment for a term which may extend to two years , or with fine which may extend to one thousand rupees or with both . Punishment for procuring , inducing or taking women or girls for the sake of Prostitution . The Act provides that any person who : ( a ) procures or attempts to procure a woman or girl , whether with or without her consent , for the purpose of prostitution ; or ( b ) induces a woman or girl to go from any place , with the intent that she may for the purpose of prostitution become the inmate of , or frequent , a brothel ; or ( c ) takes or attempts to take a woman or girl , or causes a woman or girl , to be taken , from one place to another with a view to her carrying on or being brought - up to carry on , prostitution ; or ( d ) Causes or induces a woman or girl to carry on prostitution ; shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than two years and also with fine which may extend to two thousand rupees . Detaining a woman or girl in premises . - Where prostitution is carried on - According to the provision of the Act , any person who detains any woman or girl , whether with or without her consent ( a ) in any brothel , or ( b ) in or upon any premises with intent that she may have sexual intercourse with any man other than her lawful husband , shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than two years and also with fine which may extend to two thousand rupees . On a second or subsequent conviction for an offence under this section a person shall be punishable , with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees . Prostitution in or in the vicinity of public places . - Any woman and girl who carries on prostitution , and the person with whom such prostitution is carried on , in any premises which are within a distance of two hundred yards of any place of public , religious worship , educational institution , hostel , hospital ,nursing home or such other public place of any kind as may be notified in this prescribed shall be punishable with imprisonment for a term which may extend behalf by the Commissioner of police or District Magistrate in the manner o three months . soliciting for purpose of prostitution . Whoever , in any Seducing or public place or within sight or and in such manner as to be seen or heard from , any public place , whether from which any building or house or not ; ( a ) by words , gestures , willful exposure of her person ( whether by sitting by a window or on the balcony of a building or house or any other way ) , or otherwise tempts or endeavours to tempt , or attracts or endeavours to attract the attention of any person for the purpose of prostitution , or ( b ) Solicits or molests any person , or loiters or acts in such manner as to cause obstruction or annoyance to persons residing nearby or passing by such public place or to offend against public decency , for the purpose of prostitution ; shall be punishable on first conviction with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees , or with both , and in the event of a second or subsequent conviction , with imprisonment for a term which may extent to one year , and also with fine which may extend to five hundred rupees . Seduction of a woman or girl in custody . - Any person who having the custody , charge or care of any woman or girl , causes aids or abets the seduction for prostitution of that woman or girl shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to one thousand rupees . In the event of second or subsequent conviction of an offence under this section a person shall be punishable with imprisonment which may extend to five years and also with fine which may extend to one thousand rupees . Protective homes . - According to the Suppression of Immoral Traffic in Women and Girls Act 1956 , protective home means an institution in which women and girls may be kept . It includes ( A ) A shelter where female under - trials may be kept ; and ( B ) A corrective institution in which women and girls rescued and detained may be imparted training as are likely to conduce to their reformation . ( 1 ) The State Government may in its discretion establish as many protective homes under this Act as it thinks fit and such homes , when established shall be maintained in such manner as may be prescribed .. ( 2 ) No person or no authority other than State Government shall , after the commencement of this Act , establish or maintain any protective home except under and in accordance with the conditions of , a licence issued by the State Government . ( 3 ) The State Government may , on application made to it in this behalf by a person or authority , issue to such person or authority a license in the prescribed form for establishing and maintaining or as the case may be for maintaining a protective home and a license so issued may contain such condition as the State Government may think fit to impose in accordance with rules made under this Act . ( 4 ) Before issuing a license the State Government may require such officer or authority as may appoint for this purpose . to make a full and complete investigation in respect of the application received in this behalf and report to it the result of such investigation and in making any such investigation the officer or authority shall follow such procedure as may be prescribed . ( 5 ) A licence , unless sooner revoked , shall remain in force for such period as may be specified in the licence and may , on application made in this behalf at least thirty days before the date of its expiration , be renewed for a like period . ( 6 ) No licence issued or renewed under this Act shall be transferable . ( 7 ) Where any person or authority to whom a licence has been granted under this Act or any agent or servant of such person or authority commits a breach of any of the conditions thereof or any of the provisions of this Act , or of any of the rules made under this Act , or where the State Government is not satisfied with the condition , management or superintendence of any protective home , the State Government may without prejudice to any other penalty which may have been incurred under this Act , for reasons to be recorded , revoke the licence by order in writing . ( 8 ) When a licence in respect of a protective home has been revoked under the foregoing sub - section such protective home shall cease to function from the date of such revocation . ( 9 ) Subject to any rules that may be made in this behalf , the State Government may also vary or amend any licence issued or renewed under this Act . ( 10 ) Whoever establishes or maintains a protective home except in accordance with the provisions of this section , shall be punishable in the case of a first offence with fine which may extend to one thousand rupees and in the case of second or subsequent offence with imprisonment for a term which may extend to one year or fine which may extend to two thousand rupees , or with both . Remedial measures :- Parents should keep watch and control over children and pre - warn them of the possible dangers involved in illegal sexual Some criminologists suggest that sex education and correct knowledge of sex to young person . They must be made aware of possibility of contacting acts venerable disease and AIDS etc. The women should guard against providing any opportunity to the potential sex offender . Minor and young girls must be properly escorted . The young girls and women may take karate training for self - defence and protection against sex offender . Women and young girls must be kept engaged in some works i.e. , schooling , some small profession etc. Government must permit private conjugal visits to the prisoner at regular intervals under the supervision of jail authorities . This facility is denied to women prisoners for reasons of social security , possibility of getting pregnant and giving birth to child in the prison . The prisoner can satisfy or pacify their sex impulse thus making them less violent and it helped in reducing tension in prison . Adolescent girl must be property counseled and guided at the time of puberty and menstruation when they are undergoing a biological change in their physical body . Police should keep strict vigilance in busy streets , markets , railway stations , bus stands , schools , colleges , cinema houses , public gardens to keep away the sex offenders . The Police should not subject the victims of crime to repeated questioning and identity of the victim should not be disclosed . The informers must be duly protected by the police . Alcoholisms , drug addictions etc. , should be well controlled . The Supreme Court in² issued directions of rehabilitation of children of prostitutes . Children of prostitute , including child prostitute should be treated as fected juvenile as defined in Junveile Justice Act . They should be rescued areas and shifted to juveniles homes . It is mandatory duty of State from red - light to establish juveniles homes and to constitute Juvenile Welfare Board NGOs should be associated with the rehabilitation work . Coercive power should be used only as a last resort ; counselling and cajoling be used instead . victims of adverse social - economic circumstances rather than an offender . The Apex Court further observed that flesh trade should be viewed as victims of adverse social _economic circumstances rather than an offender. SEX CRIME PROSTITUTION www.lawtool.net

Position of Women In The Medieval India Medieval Indian Women Date:- 25-6-2023 Medieval India was not women's age it is supposed to be the ' dark age ' for them . Medieval India saw many foreign conquests , which resulted in the decline in women's status . When foreign conquerors like Muslims invaded India they brought with them their own culture . For them women was the sole property of her father , brother or husband and she does not have any will of her own . This type of thinking also crept into the minds of Indian people and they also began to treat their own women like this . One more reason for the decline in women's status and freedom was that original Indians wanted to shield their women folk from the barbarous Muslim invaders . As polygamy was a norm for these invaders they picked up any women they wanted and kept her in their " harems " . In order to protect them Indian women started using ' Purdah ' , ( a veil ) , which covers body . Due to this reason their freedom also became affected . They were not allowed to move freely and this lead to the further deterioration of their status . These problems related with women resulted in changed mindset of people . Now they began to consider a girl as misery and a burden , which has to be shielded from the eyes of intruders and needs extra care . Whereas a boy child will not need such extra care and instead will be helpful as an earning hand . Thus a vicious circle started in which women was at the receiving end . All this gave rise to some new evils such as Child Marriage , Sati , Jauhar and restriction on girl education 1 . Sati : The ritual of dying at the funeral pyre of the husband is known as " Sati " or " Sahagaman " . According to some of the Hindu riptures women dying at the funeral pyre of her husband go straight to heaven so its good to practice this ritual . Initially it was not obligatory for the women but if she practiced such a custom she was highly respected by the society . Sati was considered to be the better option then living as a widow as the plight of widows in Hindu society was even worse . Some of the scriptures like ' Medhatiti ' had different views it say that Sati is like committing suicide so one should avoid this . 2.Jauhar : It is also more or less similar to Sati but it is a mass suicide . Jauhar was prevalent in the Rajput societies . In this custom wives immolated themselves while their husband were still alive . When people of Rajput clan became sure that they were going to die at the hands of their enemy then all the women arrange a large pyre and set themselves afire , while their husband used to fight the last decisive battle known as " Shaka " , with the enemy . Thus protecting the sanctity of the women and the whole clan . 3. Child Marriage : It was a norm in medieval India . Girls were married off at theage of 8-10 . They were not allowed access to education and were treated as the material being . The plight of women can be imagined by one of the shloka of Tulsidas where he writes [ rl ] " Dhol , gawar , shudra , pashu , nari , ye sab tadan ke adhikari " . Meaning that animals , illiterates , lower castes and women should be subjected to beating . Thus women were compared with animals and were married off at an early age . The child marriage along with it brought some more problems such as increased birth rate , poor health of women due to repeated child bearing and high mortality rate of women and children . 4.Restriction On Widow Remarriage : The condition of widows in medieval India was very bad . They were not treated as human . beings and were subjected to a lot of restrictions . They were supposed to live pious life after their husband died and were not allowed entry in any celebration . Their presence in any good work was considered to be a bad omen . Sometimes heads of widows were also shaved down . They were not allowed to remarry . Any woman remarrying was looked down by the society . This cruelty on widows was one of the main reasons for the large number of women committing Sati . In medieval India living as a Hindu widow was a sort of a curse . 5. Purdah System : The veil or the ' Purdah ' system was widely prevalent in medieval Indian society . It was used to protect the women folk from the eyes of foreign rulers who invaded India in medieval period . But this system curtailed the freedom of women . 6 . Girl Education : The girls of medieval India and especially Hindu society were not given formal education . They were given education related tohousehold chores . But a famous Indian philosopher ' Vatsyayana ' wrote that women were supposed to be perfect in sixty four arts which included cooking , spinning , grinding , knowledge of medicine , recitation and many more . Though these evils were present in medieval Indian society but they were mainly confined to Hindu society . As compared to Hindu society other societies such as Buddhism , Jainism and Christians were a bit lenient . Women in those societies enjoyed far more freedom . They had easy access to education and were more liberal in their approach . According to these religions gender was not the issue in attaining salvation . Any person whether a man or a woman is entitled to get the grace of god . During the time of king Ashoka women took part in religious preaching . According to Hiuen Tsang , the famous traveler of that me , Rajyashri , the sister of Harshavardhana was a distinguished scholar of her time . Another such example is the daughter of king Ashoka , Sanghmitra . She along with her brother Mahendra went to Sri Lanka to preach Buddhism . The status of women in Southern India was better than the North India . While in Northern India there were not many women administrators , in Southern India we can find some names that made women of that time proud . Priyaketaladevi , queen of Chalukya Vikramaditya ruled three villages . Another women named Jakkiabbe used to rule seventy villages . In South India women had representation in each and every field . Domingo Paes , famous Portuguese traveler testifies to it . He has written in his account that in Vijaynagar kingdom women were present in eachand every field . He says that women could wrestle , blow trumpet and handle sword with equal perfection . Nuniz , another famous traveler to the South also agrees to it and says that women were employed in writing accounts of expenses , recording the affairs of kingdom , which shows that they were educated . There is no evidence of any public school in northern India but according to famous historian Ibn Batuta there were 13 schools for girls and 24 for boys in . Honavar . There was one major evil present in South India of medieval time . It was the custom of Devadasis . 7. Devadasis : It was a custom prevalent in Southern India . In this system girlswere dedicated to temples in the name of gods and goddesses . The girls were then onwards known as ' Devadasis ' meaning servant of god . These Devadasis were supposed to live the life of celibacy . All the requirements of Devadasis were fulfilled by the grants given to the temples . In temple they used to spend their time in worship of god and by singing and dancing for the god . Some kings used to invite temple dancers to perform at their court for the pleasure of courtiers and thus ( palace some Devadasis converted to Rajadasis dancers ) prevalent in some tribes of South India like Yellamma cult . Position of Women In The Medieval India Medieval Indian www.lawtool.net

The Vijayanagar Empire Empire of Vijayanagar , which had been founded in the time of Mohammad Tughluq in the 14th century , was a bulwark against the spread of Islam in the South . The contemporary King on the throne of Vijayanagar was Krishnadeva Raya .He was the greatest ruler of the Vijayanagar Empire . He was a great soldier and general . He was a patron of literature and art . Vijayanagar was at its height politically , economically and culturally . Foreign travellers and diplomats were dazzled by its wealth , prosperity and power . Krishnadeva Raya was a great ruler and a man of justice , Krishnadeva Raya's kindness to the fallen enemy, his acts of mercy and charity towards the residents of captured cities were admirable . The royal reception and kindness that he invariably bestowed upon foreign embassies is also remarkable . His love of literature and for religion , and his solicitude for the welfare of his people are always admired by various historians . The rulers of Vijayanagar were always fighting against the Bahmani Kingdom . Hardly a reign passed when there was no large scale fighting . The Bahmani Kingdom began to disintegrate after the execution of Mahmud Gawan . Krishna Deva Raya ( 1509-30 ) Krishna Deva Raya succeeded Vir Narasimha . He ruled from 1509 to 1530. He was the greatest ruler of Vijayanagar and one of the most famous kings in the history of India .He commanded his enormous armies in person , was able , brave , and statesmanlike and was withal a man of much gentleness and generosity of character . Krishna Deva Raya was a great warrior and he was always successful in the wars . In 1512 , Krishna Deva Raya took possession of Raichur . In 1513 , he attacked Gajanati Prataparudra the ruler of Orissa in order to get back from him what had been snatched away by Orissa in the reigns of his predecessors . In 1514 he captured the fortress of Udayagiri . In 1515 , he captured the strong fortress of Kondavidu and other minor fortresses . When Ismail Adil Shah tried to recover the Raichur Doab Krishna Deva Raya defeated him in 1520 . The Bijapur territory was run over by the forces of Krishna Deva Raya and the fortress of Gulbarga was razed to the ground . Krishna Deva Raya had very friendly relations with the Portuguese He gave them many concessions because he gained by the import of horses and other things . In Albuquerque , the Portuguese Governor asked for permission to build a fort at Bhatkal and the same was granted .King Administration Of Vijayanagar The rulers of the Vijayanagar Empire were able to set up a very efficient system of administration . The king was fountainhead of all power . He was the supreme authority in civil , military and judicial matters . This does not mean a tyrant or an irresponsible despot . He was required to rule according to Dharma . He keep in view the goodwill and welfare . He was required to bring peace and plenty to the kingdom . Krishna Deva Raya in his Amuktamalyada gave the ideal of kingship . According to him a king should always rule with an eye towards Dharma . Ministers A council of ministers , Provincial governors , military commanders , men of priestly class and poets helped the king . The king nominated the members . The ministers were not only from Brahmans but also from Kshatriyas and Vaishyas . The office was sometimes hereditary and sometimes not . The important officers of the State were the Prime Minister Chief Treasurer , Custodian of the Jewels and the Prefect of the Police . The Prime Minister advised the king in all - important matters . The Prefect was like the Kotwal and his duty was to maintain law and order . The Court The rulers of Vijayanagar maintained a magnificent court . Nobles learned priests , astrologers and musicians , attended the court . Abdur Razzaq refers to the hospitality of the rulers of Vijaya nagar towards the Muslim plenipotentiaries . Provincial Government The empire was divided into many provinces for administration . The terms used for the province are Rajya , Mandala and Chavadi . The provinces were also divided into sub - divisions like Venthe , Nadu Sima , Village and Sthala in the Tamil portion . Venthe was a territorial division higher than a Nadu . A Nadu was a territorial division higher than a Village Kottam was a territorial division higher than a Parru which again was higher than a Nadu . Sthala was a portion of a land comprising several fields . It is not possible to state the exact number of the provinces into which the empire was divided . Vijayanagar empire was divided into six principal provinces . Each province was under a viceroy or Nayaka or Naik . The latter was either a member of the royal house or an influential nob of the state or some descendant of some old ruling family . Every Governor exercised civil , military and judicial powers . And required to submit regularly account of income and expenditure . He also helps with the military . If the Governor oppressed the people he was likely to be punished . His Jagir was confiscated if he did not send revenue properly . The Governors enjoyed a lot of autonomy within their jurisdiction . The village was the unit of administration and was self sufficient . Village assembly was responsible for the administration of the village . Its hereditary officers were the village accountant , village watchman , the superintendent of forced labour etc. These officers were paid either by grants of land , or from a portion of the agricultural produce . The heads seem to form an integral part of the village assemblies . The king had his control over villages through an officer called Mahanayakacharya . Sources of Income The main source of income was land revenue and its administration was under a department called Athavane Land was divided into three parts ( 1 ) wet land ( 2 ) dry land ( 3 ) orchards and woods . The share was one - sixth but increased in order to meet the heavy burdens of the State . In addition to land revenue the peasants were required to pay other taxes such as grazing tax , marriage tax , etc. The state got itsincome from customs duties , tolls on roads , revenue from gardening and plantations and taxes from manufacturers , craftsmen , potters , washermen " mendicants , barbers , shoemakers and prostitutes . The income from the prostitutes was also used for maintenance . The people were required to pay a number of duties . A gate controlled only one road led to the city and it . The right of collecting the duties was given to the highest bidder . The people were allowed to pay taxes in cash or in kind . As the taxation was heavy , sometimes people were given some relief in the form of reduction or remission of taxes if they made complaints about it or appealed directly to the king . Justice King was the supreme court of justice . Petitions were presented to the king or the Prime Minister . Civil cases were decided according to the principles law and the usage of the country . Witnesses attested documents . People were fined for breaches of civil law . The administration of criminal law was harsh . Torture was allowed to find out the truth . Theft , adultery and treason were punished with death or mutilation . Sometimes a culprit was thrown before elephants . The rulers of the towns , the Nayaks and the Guadas , will see if a caste dispute arises in the country , they will summon the parties before them and advise . And as they have the power of punishment , the parties must act according to the advice given . This proceeding is to be free of cost . The Army The military organisation was under Kandachara and its head was Dandanayaka or Dannayaka or Commander - in - Chief . Military was of a feudal nature . The king had an army of his own but in need provincial governers send their army . It is not possible to give an exact numerical strength . The army consisted of the infantry , cavalry , artillery and camels . The Vijayanagar army was inferior in strength , patience and endurance to the Muslim armies . A lot of reliance was put on elephants who were practically useless in the face of archers and artillerymen .The provincial Governors were given a lot of autonomy and was responsible for the weakening of the central authority . Not much emphasis was put on military organisation and consequently the rulers of Vijayanagar could not smash their rivals . Economic Condition The empire of Vijayanagar was very rich . The foreign travellers who visited the Vijayanagar empire have paid tributes to its wealth and splendour . In the king's treasury there were chambers with excavations for them filled with molten gold forming one mass . All the inhabitants of the country , whether high or low , even down to the artificers of the Bazar , wore jewels and gift ornaments in their ears and around their necks , arms , wrists and fingers . The residents of the city of Vijayanagar carried on trade in precious stones . Things were in plenty and also cheap . The prosperity of the Vijayanagar empire was due to the growth of agriculture , industries , trade and commerce . They followed a wise irrigation policy . Industries were also encouraged by the state . The exports from the Vijayanagar empire were cloth , rice iron , salt petre , sugar and spices . The imports were horses , elephants , pearls , copper , coral , mercury , China silk and velvet . The art of shipbuilding was well known . The coins of the empire were those of gold; copper and silver . Medieval Period And Administration The political life in India during period eighth to twelfth Century is especially dominated by the presence of large number of states . The Bigger states tried to maintain their influence in North as well as in South India . In this struggle , the main parties were the Pratiharas , the Rashtrakutas and the Palas in the north . The most influential kingdom in the South which emerged during this period was that of cholas . The chola power created the political unification of the large parts of the country . The establishment of the Sultanate started a new phase in the history of Medieval India . It marked to the unification of northern India and parts of the Deccan for almost a century leading to the emergence of a number of kingdoms in different parts of the country . Some of these like Bahmani and Vijaynagara kingdom became very powerful . There were important changes in economic life during this period . New elements of technology were also introduced during this period . Central administration The Sultan dominated the central government as he was the legal head of the state and acted as the chief executive and the highest court of appeal . The Sultan was assisted by a number of ministers like Wazir , Ariz I mamalik , diwan - i - insha and the diwan - i risalat . After sometime , naib - ul - mulk or malik naib came into 38 tence . During the time of Ala - ud - din khalji , diwan - i - risalat dept was taken out of the hand of the Sadr and renamed di - wa Local Administration Local administration was vague and undefined and based on traditional system . The Provinces were divided into six parts headed by Shiqdars ( Police chief ) with main functions to maintain law and order and protect people against oppression of zamindars , and had to perform military obligation . The Shiqs ( Police regions ) were further divided into parganas and had different officials .

MPSC Judicial Services [JMFC] Exam-2023 www.lawtool.net Topics :- MPSC Competitive Exams : JMFC MPSC Judicial Services[JMFC] Exam Maharashtra Judicial Services Eligibility Criteria Maharashtra Judicial Services Application Form Maharashtra Judicial Services Application Fee Maharashtra Judicial Services Exam Pattern Maharashtra Judicial Services Syllabus MPSC-JMFC-Question -PAPER-WITH-KEY-ALL Maharashtra Judicial Services Admit Card Maharashtra Civil Judge Salary Details MPSC Examination Schedule 2023 MPSC Civil Judge Recruitment 2023 MPSC Civil Judge Recruitment 2023: Highlights The are some of the MPSC Civil Judge Recruitment 2023: How to Download MPSC Civil Judge Recruitment Notification 2023? Follow the steps mentioned below to download the MPSC Civil Judge Recruitment notification: Step 1: Visit the MPSC official website. https://mpsc.gov.in/ Step 2: From the home page, go to the “Latest Updates” section. Step 3: Look for the link “MPSC Civil Judge Recruitment Notification 2023”. Step 4: Click on the link to view the MPSC recruitment notice. Step 5: Download the MPSC civil judge notification for future reference. Candidates must check the eligibility criteria and apply for the post when the online application link gets active. MPSC Competitive Exams : JMFC The Maharashtra Judicial Service Examination is conducted every year by the Bombay High Court for recruitment to the roles of Civil Judge (Junior Division). This exam is also referred to as MPSC Civil Judge Exam, JMFC - Judicial Magistrate First Class or CJJD – Civil Judge Junior Division. MPSC Judicial Services[JMFC] Exam Welcome to www.lawtool.net. In This Post, you will get MPSC JMFC Question Papers with Keys. So we have one exam in Maharashtra Public Service Commission called " MPSC Civil Judge [ Junior Division ] and Judicial Magistrate First Class Exam " . people are searching for it as JMFC Exam so we will use JMFC Exam instead of a long name, we will try to share all the question papers of the JMFC Exam with their original answers keys to validate correct answers. first, we will share JMFC preliminary exam question papers for each year at the top and good thing is that you will find all the papers and keys on this page only so without wasting time let's get started, Maharashtra Judicial Services Eligibility Criteria The Judiciary Eligibility Criteria for the Maharashtra Civil Judge Exam is decided on the 3 basic parameters namely age limit, educational qualification, and nationality. Educational Qualification: You must have completed a degree in law like LLB/LLM from a recognized university/college. Age Details: Your age should be between 21-35 years to apply for the exam. You will get a relaxation of 3 years in case if you belong to the OBC category while it is 5 years for SC and ST categories. Nationality: You must be a citizen of India. Note: You should have a decent moral character, and should not be connected to or have a history with any criminal case that involves moral descent. Maharashtra Judicial Services Application Form If you are willing to apply for the MPSC examination, then make sure to fill the Maharashtra Judiciary Application Form on or before the last date. You can follow the steps mentioned below while filling the online form. Visit the official website of the Board Maharashtra Public Service Commission. On the Home page, click on the "Application Form" link Enter all the crucial details, such as name, date of birth, address, educational qualifications, etc. Click on the "Submit" button Upload recent passport size picture and signature in the specified format Pay the required fee for your application as per the category Maharashtra Judicial Services Application Fee The application fee of the Maharashtra Judiciary Exam for the General category is Rs. 374 and for SC/ST/ESM category, it is Rs.274. Welcome to MPSC Material. Today in this article you will see the syllabus and exam pattern of MPSC CJ and JM First Class Exam ( MPSC Civil Judge [Junior Division] and Judicial Magistrate First Class Exam) . Maharashtra Judicial Services Exam Pattern The PCS J Maharashtra Exam comprises three phases i.e., Prelims, Mains, and Viva-Voce. Prelims Exam Pattern: The Online Preliminary Examination consists of 100 multiple choice questions for 100 marks. The assessment is conducted in the English language. As per the Judiciary Exam Pattern, the exam comprises a single section on legislative law. There is a negative marking of 0.25 marks for each wrong answer. Mains Exam Pattern: The mains exam is of descriptive type and it has 2 question papers of 100 marks each. The exam duration of each paper is 3 hours. The mains exam will be conducted in Marathi and the English language. Viva-Voce: You will get shortlisted for interview/viva-voce only if you qualify in both Prelims and Mains exams. In the interview, you are tested on your character, personality, general knowledge, norms of law, and suitability for the job. Lets see the Pattern of the MPSC Civil Judge and Judicial Magistrate First Class Exam. MPSC Civil Judge and Judicial Magistrate First Class Exam.Prelim Pattern MPSC Civil Judge and Judicial Magistrate First Class Exam.Mains Pattern INTERVIEW:- 50 MARKS Maharashtra Judicial Services Syllabus Here, we have provided a detailed syllabus of the Maharashtra Judiciary Exam for both the prelims and mains for your reference. Prelims Syllabus: The syllabus breakup for PCS J 2020 Preliminary Exam covers the following topics. Code of Criminal Procedure -1973 Civil Procedure Code1908 Evidence Act-1872 Transfer of Property Act-1882 Specific Relief Act 1963 Maharashtra Rent Control Act Limitation Act-1963 Constitution of India Indian Penal Code --1860 Law of Contract- 1872 Sale of Goods Act -1930 Partnership Act Mains Syllabus: The mains syllabus consists of two papers: paper 1 and paper 2. The Judiciary Exam Syllabus breakup for Maharashtra state is given below. MPSC-JMFC-Question -PAPER-WITH-KEY-ALL Maharashtra Judicial Services Admit Card Maharashtra Public Service Commission will release the admit card two weeks prior to the exam. The Maharashtra Judiciary admit card can be downloaded only in online mode from the official website. The details mentioned on admit card include: Your Name Date of Birth User Id/Registration Number Category Exam Date and Time Exam Center Signature & Photograph Maharashtra Civil Judge Salary Details The Maharashtra Civil Judge Salary of a Maharashtra Civil Judge ranges between Rs. 27,700 – 44,770 Per Month. Also, in-hand salary incorporates various perks and remittances like Dearness allowance, HRA, Travel Allowances, Rent Allowance.

World Environment Day on 5 June 2023 The theme for World Environment Day on 5 June 2023 will focus on solutions to plastic pollution under the campaign #BeatPlasticPollution. The world is being inundated by plastic. Short Notes :- Topic Environmental Law Short Notes 2023 www.lawtool.net

Section 375 defines rape and Section 376 prescribes its punishment. The desired the approach of Court in sentencing The physical scar may heal up, but the mental scar will always remain. When a woman is ravished, what is inflicted is not a merely physical injury but a deep sense of some deathless shame. The law regulates social interests, and arbitrates conflicting claims and demands. The security of persons and property of the people is an essential function of the State. It could be achieved through the instrumentality of criminal law Friedman in his Law in Changing Society stated that: “State of criminal law continues to be — as it should be—a decisive reflection of social consciousness of society.” Therefore, in operating the sentencing system, law should adopt the corrective machinery or deterrence based on factual matrix. By deft modulation sentencing process be stern where it should be, and tempered with mercy where it warrants to be. For instance a murder committed due to deep-seated mutual and personal rivalry may not call for penalty of death. But an organised crime or mass murders of innocent people would call for imposition of death sentence as deterrence. In Mahesh v. State of M.P.™, this court while refusing to reduce the death sentence observed in this case: it will be a mockery of justice to permit these appellants [the accused] to escape the extreme penalty of law when faced with such evidence and such cruel acts. To give the lesser punishment for the appellants [accused] would be to render the justicing system of this country suspect. The common man will lose faith in courts. In such cases, he understands and appreciates the language of deterrence more than the reformative jargon.” Therefore, undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law, and society could not long endure under such serious threats. This position was illuminatingly stated by this Court in Sevaka Perumal v. State ofT.N.™ Criminal law adheres in general to the principle of proportionality in prescribing liability according to the culpability of each kind of criminal conduct. Judges in essence affirm that punishment ought always to fit the crime; yet in practice sentences are determined largely by other considerations. Sometimes it is the correctional needs of the perpetrator that are offered to justify a sentence. Inevitably these considerations cause a departure from just deserts as the basis of punishment and create cases of apparent injustice that are serious and widespread.Proportion between crime and punishment is a goal respected in principle, and in spite of errant notions, it remains a strong influence in the determination of sentences. The practice of punishing all serious crimes with equal severity is now unknown in civilised societies.In Jashubha Bharatsingh Gohil v. State of Gujarat , it has been held by this court that in the matter of death sentence, the courts are required to answer new challenges and mould the sentencing system to meet these challenges. The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. In Dhananjoy Chatterjee v. State ofW.B. , this court has observed that shock¬ingly large number of criminals go unpunished thereby increasingly encouraging the criminals. Justice demands that courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime. The court must not only keep in view the rights of the criminal but also the rights of the victim of the crime and the society at large while considering the imposition of appropriate punishment. From Bachan Singh case553 and Machhi Singh case the principle culled out is that when the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty, the same can be awarded. It was observed: The community may entertain such sentiment in the following circumstances: (1) When the murder is committed in an extremely brutal, grotesque, diabolical, revolting, or dastardly manner so as to arouse intense and extreme indignation of the community. (2)When the murder is committed for a motive which evinces total deprav¬ity and meanness; e.g. murder by hired assassin for money or reward; or cold¬blooded murder for gains of a person vis-a-vis whom the murderer is in a domi¬nating position or in a position of trust; or murder is committed in the course for betrayal of the motherland. (3) When murder of a member of a Scheduled Caste or minority community,etc. is committed not for personal reasons but in circumstances which arouse social wrath; or in cases of “bride burning” or “dowry deaths” or when murder is committed in order to remarry for the sake of extracting dowry once again or to marry another woman on account of infatuation. (4)When the crime is enormous in proportion. For instance when multiple mur-ders, say of all or almost all the members of a family or a large number of per¬sons of a particular caste, community, or locality, are committed. (5)When the victim of murder is an innocent child, or a helpless woman or old or infirm person or a person vis-a-vis whom the murderer is in a dominating position, or a public figure generally loved and respected by the community. If upon taking an overall global view of all the circumstances in the light of the aforesaid propositions and taking into account the answers to the questions posed by way of the test for the rarest of rare cases, the circumstances of the case are such that death sentence is warranted, the court would proceed to do so. (c) Ingredients The section has two ingredients: (i) Sexual intercourse of a man with a woman. (ii) It must be without her consent and against her will as has been specified in Clauses (1) to (6) of the section. (d) Sexual intercourse (i) What is sex? Sex is the distinction between two types of humans and other kinds of animal life, namely male and female, a differentiation marked by physiological, biochemical and psychological features essentially connected with their respective reproductive roles and characteristics. The distinction has great legal importance. (ii) Sexual instinct and conduct The sexual instinct motivates much human conduct and strongly influences many aspects of social and cultural life. Rules regulating behaviour in relation to sex have been very common in legal systems from early times. (iii)Rules for control Legal rules concerning sex and sexual conduct are of various kinds. There are protective rules seeking to penalise sexual relations with females who do not con¬sent or are deemed incapable of consenting, rules seeking to prevent offences to the public, including public sexual activity, exhibitionism, nudity and near nudity, and rules seeking to maintain strict sexual morality, including extra-marital rela¬tions, incest, homosexuality, prostitution, transvestism and the like. The trend in recent years in the West has been to relax the rules on matters of private morality and some of the rules protecting public sensibilities, but maintaining others of the latter class. (e)Determination of Sex The sex to which an individual belongs is determined, in most cases decisively, by chromosomal distribution, having 22 pairs of non-sexual chromosomes plus in case of females an XX pair and in the case of males an XY pair. (f)Transsexualism Transsexualism is the condition in which a biologically normal person believes himself or herself to be of the other sex, and behaves that way. The surgical treat-ment or the so-called sex-change operations do not, in fact, change sex, but assist a person to appear to be of the sex to which he or she believes he or she really belongs. (g)Behaviour and degrees of arousal Most sexual behaviour in society is heterosexual, between one male and one female and involves various stages and degrees of arousal, variously called kiss¬ing, cuddling, necking or petting and finally coitus. In these what is permissible and what is not depends upon accepted customs and practices of the society and its stratum in which the parties live. (i)Coitus Coitus is the natural conveying of semen to the female reproductive tract. This word comes from Latin Coitio meaning a coming together. In other words, it is sexual intercourse. (ii)Circumstances By the term under “circumstances” is meant the circumstances shown by the six clauses contained in the second part of the section. Rape is the forcible ravishment of a woman. The essence of this crime consists in the act being done against the will of the woman and without her consent. The rest of the clauses Thirdly to Sixthly are only explanatory of non-consent. (h)Against her will: (Clause one) A person is the best judge of his own interest and that one who suffers a harm or injury voluntarily has no cause to complain when it comes about. This common sense principle is expressed in the Latin maxim, Volenti non fit injuria. An act is said to have been against the will of a woman when she is in full pos-session of her senses and reason and is aware of what is being done and objects to it or resists it. (i)Without her consent: (Clauses two-three) When a woman is incapable of knowing the nature of the act and thus legally unable to give a rational consent or being aware of its nature thinks that the act is being done under circumstances which make it an innocent act, this position occurs. Against her will and without her consent are both mental conditions in a woman. The section differentiates between an act against will and an act without consent. But one has to note that all acts done against will are always without consent, however all acts done without consent may not be against will. As held in Nafe Singh case , if a woman resists for sometime and thereafter resigns and no resistance is offered by her in the face of the inevitable, it does not mean that she has consented. It must mean that she felt after sometime of resist-ance that it was futile to do so and that is why she resigned. Her consent, after the act is already done, is also no consent. Similarly that a woman is a harlot is no defence against this crime. Consent is a voluntary act and in such case it shows voluntary participation after having exercised a choice between resistance and assent. For this offence to exist it is also necessary on the part of a person to know that what he is doing is being done without the con¬sent of the woman and he means to do the act without her consent. There are cases wherein a woman does not really consent but her conduct is such that it would lead the person to believe that she consents to what is being done. As per Section 90 of the Code, consent under fear of injury, or under a miscon-ception of fact, or of a person intoxicated or of a person of an unsound mind is no consent if they are unable to understand the nature and consequence of that to which they give consent. Consent obtained by fraud is too short to be true, as a mathematical formula is true, its value is nil. The absence or presence of consent is gathered from circumstances. A sleep¬ing person can gitte no consent. Similarly, a woman of an unsound mind or an idiot or an intoxicated woman from defect of understanding can give no consent. Consent is different from submission. The former is a voluntary, deliberative and conscious act denoting participation of a woman in the act done; the latter is under fear of hurt or death or terror and it is involuntary. Every consent involves submission but every submission is no consent, i.e. submission does not involve consent. (j)Consent—before and after the Mathura case Even before the law of rape was amended, a positive interpretation was given to “consent” in a rape trial by the Orissa High Court in 1982 in Bijoy Kumar Mohapatra v. State of Orissa™. In this case a girl studying in S.K.D.A. Women’s College, Rourkela was gang raped by four men. The High Court of Orissa held that since the age of the girl was between 18 and 20, the question whether she had consented did not arise. “Consent must be voluntary. A mere inevitable compul¬sion, quiescence, non-resistance or passive giving in when volitional faculty is either crowded by fear or vitiated by duress, cannot be deemed to be consent. Consent on the part of a woman as a defence to all allegations of rape, requires voluntary participation after having fully exercised the choice between the resistance and assent?' The court held that the victim had been ravished brutally against her consent. Further it was held that the absence of injuries on the person of the victim girl may not be fatal to the prosecution and that corroborative evidence may not be an important component of judicial evidence in rape cases. The court however reduced the sentence of life imprisonment to one of 10 years’ which was not lower than the minimum of 10 years’ for gang rapes as later specified by the 1983 amendment. Similarly in Harpal Sing case where a girl of 16 years’ was gang raped the court held that: “The fact that there is no injury and the girl is used to sexual inter-course is immaterial in a rape trial.” These judgments are quite progressive while Mathura’s judgment ™ can be described to be disheartening. The above two judgments show that even before the amendment the law could have been interpreted progressively, if the court so wished. Of course uniformity in interpretation is wanting. Against such progressive pronouncements we have Mohammad Habib592 and Ravindra Patil593 cases which are examples of our judiciary’s lack of appreciation of the law in proper perspectives. By the 1983 amendment, minimum punishment of 10 years’ is provided for custodial rape, but it seems that this clause is also not taken seriously as the following judgments show. In Bhai Singh v. State of Rajasthan594, for raping a Harijan girl of seven by a boy of 18, the court sentenced him for five years’ imprisonment only, on the ground that the boy was only 18 years’ of age. In Arjun Singh case595, the court convicted the rapist and punished him with an imprisonment till the rising of the court. Onappeal the HC directed that the proceedings against the accused be dropped as the accused was a child of 16 years’ when he committed the offence (but by the time of appeal he was a major). In Satya Veer v. State of Rajasthan wherein the accused was convicted under Section 376 for raping a 9 years old girl, a sentence of 10 years’ imprisonment was awarded. (k)Conclusion Consequently, youth would find it easier to rape young helpless girls and if this is the attitude of the High Courts showing compassion and mercy to young rapists, the amendment prescribing a minimum sentence would clearly be an eyewash! In Vinod Kumar v. State of M.P. where an 11 year old girl was raped by a youth while another pinned her down on the floor and gagged her, the court awarded only five years’ imprisonment stating unabashedly that “Increasing cases of personal violence and crime rate cannot justify a severe sentence on youthful offenders.” What does this show? Court’s apathy to law or its failure of duty or an obstinacy to follow law or some anti-woman attitude? These and other cases- ' show a total violation of the amendment which clearly states that the minimum sentence should be 10 years’ imprisonment. The courts do not seem to recognise the fact that whether a virgin, married or a prostitute, the right not to be raped is the fundamental right of every human being. To hold otherwise is adding insult to injury. The courts as a matter of fact must learn to delink rape from virginity and marriage. At last the Supreme Court has taken a very stern view against leniency in State of M.P. v. Bala™, and ruled that the court cannot award a sentence of less than 10 years’ rigorous imprisonment “without assigning adequate and special reasons.” (1)Clause fourthly When a person knows that he is not the husband of the consenting woman but the woman gives consent because she believes him to be her husband, the consent given is not a real one. Under the circumstances the person becomes guilty of rape if he has sexual intercourse with such woman. A question may be asked as to when and how such a situation may arise? The answer may be that sometimes it may happen that in dark of night a person goes to a woman and does the act, the woman cohabiting believing him to be her husband or it may happen that at the time of marriage the woman had not seen the face of her husband because of her veil and sexual intercourse takes place between them, the woman believing him to be her husband, or though they have married according to Hindu rites, the marriage is void due to non-fulfilment of certain conditions, and consequently they are not legal husband and wife. Now when the male knows this but the female does not know of it and the sexual intercourse takes place the male is guilty of rape because he knows that the woman’s consent is due to misconception of certain facts of which she is not aware and he himself is aware. Had she known such facts, she would not have consented. Under such circumstances the person is guilty of rape under clause Fourthly of Section 375. (m)Clause fifthly (See, discussion under Clauses 2 and 3). Where a man and a woman unite under a belief that they are legally married husband and wife Section 375 does not operate. (n)Clause sixthly The policy of law is to protect a girl of immature age against sexual intercourse. Consequently, connection with a precocious girl under 16 years’ of age would be rape, even though she consents to it. This is so because she is unable to understand the nature and consequences of that to which she consents. In clause sixth the age limit was raised to 16 years’ and in the exception it was raised to 15 years’ by an amendment in 1949. There is a presumption in English Law that a boy under 14 cannot commit rape,

MAINTENANCE www.lawtool.net A Hindu has a personal obligation to maintain (i) his wife, (ii) children; and (iii) aged parents. In addition, a widowed daughter-in-law, dependents of a deceased Hindu and members of the joint family are entitled to maintenance. This topic deals with the maintenance of a Hindu wife.covers the following heads: 1. Maintenance: Meaning and Definition. 2. Persons entitled to get Maintenance. 3. Maintenance of Wife A) The Hindu Adoptions and Maintenance Act, 1956 (Section 18). B) The Hindu Marriage Act, 1955 (Sections 25 and 26). C) The Code of Criminal Procedure, 1973 (Section 125). 1. MAINTENANCE : MEANING & DEFINITION The term ‘maintenance’ has been used in a wide sense. It implies/ imposes an obligation to provide certain basic needs viz. food, clothing, shelter etc. without which a person cannot survive. It is a right to get the necessities which are reasonable. A text of Manu cited in the Mitakshara and the Parasara Madhavya lays down - ‘It is declared by Manu that the aged mother and father, the chaste wife, and an infant child must be maintained even by doing a hundred misdeeds’. Under Hindu law a person has personal obligation to maintain his wife, children and aged and infirm parents. It arises from the very nature of the relationship and exists whether he possesses property or not. Supreme Court observed in Rcighubar Singh v. Gulab Singh (AIR 1998 SC 2401), that right to maintenance of Hindu wife is a pre-existing right that existed even under Hindu law. It was not created by 1937 or 1946 Acts. Section 3(b) of the Hindu Adoptions and Maintenance Act, 1956 states that maintenance includes: i) In all cases, provision for food, clothing, residence, education and medical attendance and treatment. ii) In the case of an unmarried daughter, also the reasonable expenses of an incident to her marriage. Thus the Act recognizes five essential basic requirements in, namely food, cloth, residence, education and medical care necessary for proper maintenance of a person. Whenever provision is made for the maintenance of a dependant it contemplates that all lies essentials of life are provided to such a dependent. The expression ‘includes’ of the definition shows that the definition is not exhaustive. In appropriate cases the court may hold that the expression ‘maintenance’ covers other cases also. Maintenance includes a wife’s right to residence. Clause 3(b)(ii) refers only to an unmarried daughter and therefore does not include a widowed daughter or a daughter who has obtained a decree for divorce. The daughter who has been forced to obtain a divorce should not be given the right to maintenance. Personal Disqualification Are Not Allowed In Vellaiyappa Chetty v. Natrajan [(1931) 581 A 402], it has been held that the right of maintenance includes persons who by reason of personal disqualification are not allowed to inherit, such as, the idiot, the mad man or the rest. Such persons are excluded from inheritance and a share on partition is given to them in lieu of maintenance. Both Are Bound To Contribute To The Maintenance In Anil Kumar v. R.Nair (AIR 1985 Kar. 20), it was observed that the expression ‘maintenance’ includes the basic requirements of life. This is the responsibility of parents and it cannot be avoided by one parent on the pretext that such liability is taken up by the other parent. Father and earning mother both are bound to contribute to the maintenance of their children in proportion to their income. 2. PERSONS ENTITLED TO GET MAINTENANCE According to the personal law of Hindus, every member in a family is either entitled to a share or is entitled to maintenance out of the family property. Under the Hindu Adoption and Maintenance Act, 1956, the following categories of persons are entitled to claim maintenance: 1. Wife. 2. Widowed daughter-in-law. 3. Aged infirm parent and the children; a) Legitimate and illegitimate son; b) Legitimate and illegitimate daughter; c) Aged and infirm parents. 4. The dependents of the deceased, which include: a)His father. b)His mother. c)His widow. d)The son, son of a predeceased son and the son of a predeceased son of a predeceased son of predeceased son of the deceased. e) His unmarried daughters, the unmarried daughters f) of a predeceased son and the unmarried daughters of a predeceased son of a predeceased son. His widow daughter. g) The widow of the son and the widow of the predeceased son of a predeceased son. h) His minor illegitimate sons. i) His unmarried illegitimate daughters. 3. MAINTENANCE OF WIFE Relevant Legal Provisions: A Hindu married woman, who has been separated from her husband on reasonable cause, is entitled to claim maintenance under the following provisions namely, A) Section 18 of the Hindu Adoptions and Maintenance Act, 1956. B) Sections 24 and 25 of the Hindu Marriage Act, 1955. The above two provisions are applicable to Hindus only. C) Section 125 of the Code of Criminal Procedure : It is a special provision, applicable to all irrespective of their religion i.e. Hindus and Non-Hindus. The relief under Sections 24 & 25 Hindu Marriage Act, 1955 and Section 125 Cr.P.C. is available to a married woman, who is unable to live on her own (or she has no source of livelihood). While the relief under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 is available to a Hindu Wife, though she is able to live on her own. A) The Hindu Adoptions & Maintenance Act (Section 18) Section 18 of the Hindu Adoptions and Maintenance Act deals with the maintenance of a Hindu Wife. It reads as follows: 1. Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life-time. 2. A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance: i) If he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her. ii) If he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband. iii) If he is suffering from a virulent form of leprosy. iv) If he has any other wife living. v) If he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere. vi) If he has ceased to be a Hindu by conversion to another religion. vii) If there is any other cause justifying her living separately, 3. A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion. The relief (maintenance) under Section 18 is available, though she is able to live on her own (i.e. employed or properties). A Hindu Wife, who got married legally, before or after the Act can claim maintenance from her husband throughout her lifetime, under the following circumstances: i) If her husband is guilty of desertion without reasonable cause or without her consent or against her will or wilfully neglecting her; ii) If he is guilty of cruelty causing reasonable apprehension to her mind and that it will be harmful or injurious to live with him; iii) If he is suffering from a virulent form of leprosy; iv) If he has any other wife living (bigamy); v) If he keeps a concubine (Avarudha Sthri) in the same house and resides with the concubine elsewhere; vi) If he is ceased to be a Hindu by conversion to other religion; and vii) Any other reason justifying her to live separately. Under Section 18 of the Hindu Adoption and Maintenance Act, two separate rights have been conferred on the wife. 1. Right to maintenance. 2. Right to separate residence. According to Section 18(4) of the Act, an unchaste wife is not entitled to claim maintenance. (Unchastity forfeits the claim of maintenance). Amount of Maintenance (Section 23); Section 23 of the Act empowers the Court to determine the amount of the maintenance. It runs as follows: 1. It shall be the discretion of the Court to determine whether my, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so, the Court shall have due regard to the ».msiderations set out in sub-section (2), or sub-section (3) as the use may be, so far as they are applicable. 2. In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act, lizard shall be had to: a) the position and status of the parties; b) the reasonable wants of the claimant; c) if the claimant is living separately, whether the claimant is justified in doing so; d) the value of the claimant’s property and any income derived from such property, or from the claimant’s own earnings or from any other source; e) the number of persons entitled to maintenance under this v Act. 3. In determining the amount of maintenance, if any, to be awarded to be a dependant under this Act, regard shall be had to: a) the net value of the estate of the deceased after providing for the payment of his debts; b) the provision, if any, made under a will of the deceased in respect of the dependant; c) the degree of relationship between the two; d) the reasonable wants of the dependent; e) the past relations between the dependant and the deceased; f) the value of the property of the dependant and any income derived from such property; or from his or her earnings or from any other source; g) the number of dependants entitled to maintenance under this Act. 4.In simple words, the court, while determining the amount of maintenance, takes into consideration, the following factors. i) The position and status of the parties; ii) Reasonable wants of the claimant; iii) Justification of separate living by the claimant; iv) Claimant’s earnings, the value of her property, and income from such property; and v) The number of persons entitled to maintenance under the Act. According to Section 24, ‘no person shall be entitled to maintenance if he/she is ceased to be a Hindu by conversion to another religion. In other words, the claimant should be a Hindu, Section 25 says that the amount of maintenance is subject to alteration when the court thinks fit. B) The Hindu Marriage Act (Ss. 24 & 25) Section 24 of the Hindu Marriage Act, 1955 provides for th® Maintenance pendente lite and expenses of the proceedings, and Section 25 deals with permanent alimony and maintenance. The relief under Sections 24 & 25 is available to a Hindu wife, who is unable to live on her own. Further, it is to be noted that a Hindu husband unable to live on his own also can claim maintenance under Sections 24 & 25. Maintenance pendente lite and expenses of proceeding! (S.24): A Hindu husband or wife, who does not have sufficient mean! for maintenance and expenses to conduct the proceedings can bring an action under Section 24 of the Hindu Marriage Act, 1955. Bolh the spouses are placed equally in respect of the liability for payment of the interim maintenance and expenses. If a petition is pending before the court for restitution of conjugal rights (Section 9) or judicial separation (Section 10) or nullity or annulment of marriage (Sectioni 11 and 12) or divorce (Section 13), the aggrieved party can claimfor an interim maintenance. The quantum of maintenance under Section 24 is generally l/5th of the net income of the respondent, depending upon the circumstances of the case. Permanent Alimony and Maintenance (Section 25): Section .’5 of the Hindu Marriage Act provides for a permanent alimony and maintenance. An application under Section 25 may be made at the lime o f the decree under Section 9 or 10 or 11 and 12 or 13 o f the Act. The relief under Section 25 is available to either the wife or I msband. The relief is not available if the wife or husband has remarried oi- if the wife has not remained chaste or the husband has had sexual intercourse with any other woman. Sections 24 and 25 of the Hindu Marriage Act, and Section I8 of the Hindu Adoptions and Maintenance Act do not stand in the way for invoking relief under Section 125 Cr.P.C. C) Maintenance of Wife under Section 125 Cr.P.C. Right to claim maintenance under Section 125 Cr.P.C. is a special provision applicable to all including the Hindu Wife. Sections 125 to 128 of the Code of Criminal Procedure, 1973 lay down the provisions relating to the maintenance of dependent wives, children, and parents. Section 125 provides for the maintenance of the wife, children, and parents. Section 126 lays down the procedure followed in the proper court, which takes cognizance of the complaint under Section 125. Section 127 empowers the Magistrate to alter i.e. increase or decrease the amount of monthly allowance/maintenance (fixed by him earlier). Section 128 provides for the enforcement of the order for maintenance issued by the Magistrate. The provision under Sections 125 to 128 serves a special purpose to avoid vagrancy and are applicable to all persons irrespective of their religion (all Indians). These provisions provide a speedy, effective, and extensive remedy against such persons who refuse/neglect to maintain their dependent wives, children, and parents. AMagistrate i »f First Class on the proof of such refusal or neglect may order such person to pay a certain sum of money (monthly/periodically or in a lump sum) towards maintenance. Previously, the monthly allowance fixed * under the Code was ‘not exceeding five hundred rupees. Now, the The court/Magistrate has discretionary power to fix the amount of maintenance, depending upon the circumstances of the case. Section 125 Cr.P.C.: Section 125 of the Code empowers the Magistrate of First Class to order any person having sufficient means, neglect or refuses to maintain: i) His legally wedded wife, unable to maintain herself; ii) His minor son, legitimate or illegitimate; iii) H is an unmarried daughter, legitimate o r illegitimate o f any age (whether a minor or major; iv) His son or daughter, legitimate or illegitimate, of any age, who is physically or mentally disabled; and v) His parents (both father and mother or father or mother) who are unable to live on their own. to pay a certain sum of money towards maintenance. The expression ‘sufficient’ means “does not mean only visible means such i as real property or a particular employment”. It refers to the earnings; the capacity of a person. Section 125 Cr.P.C. is a statutory and mandatory provision. It runs as follows: 1. If any person having sufficient means neglects or refuses to maintain: a) his wife, unable to maintain herself; or b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself; or c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or d) his father or mother, unable to maintain himself or herself; a Magistrate o f the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly i ale as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct. Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married is not possessed o f sufficient means. [Inserted b yActNo.50 of 2001, w.e.f. 24-09-2001 - Provided I hither that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub­ section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses o f such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct: Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under tire second proviso shall, as far as possible, be disposed of within six days from the date of the service of notice of the application to such person.] Explanation: For the purpose of this Chapter, i) ‘minor’ paeans a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority; ii) ‘wife’ includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. 2. Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, i f so ordered, from the date of the application for maintenance, or interim maintenance and expenses of proceeding, as the ‘case may be’. 3. If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each m onth’s [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment i f sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that i f such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds o f refusal stated by her, and may make an order under this section notwithstanding such offer, i f he is satisfied that there is just ground for so doing. Explanation: If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him. 4. No wife shall be entitled to receive an [allowance for the maintenance or the interim maintenance and expenses of proceeding,as the case may be] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. 5. On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.(N.B The expression ‘not exceeding Rs.500/-‘ is no more as law at present). This section provides speedy relief and protects the deserted/ wife, children or parents from starvation and has nothing with conjugal rights.Persons entitled to maintenance under Section 125 As stated above, the following persons are entitled to claim maintenance under Section 125(1). 1. Wife. 2. Child, and 3. Parent (Father or Mother or Both). For the purpose of Section 125 Cr.P.C. wife means a legitimate or legally wedded wife. It also includes divorced wife till she Is remarried. Section 125 Cr.P.C. is a special provision and it is applicable to the married women o f all religions, viz. Hindu, Muslim For the purpose of claiming maintenance under Section 125 Cr.P.C.wife must be an ‘abandoned wife’ (i.e. husband left her without disenable cause), but not an ‘abandoning wife’ (i.e. the wife, who Id! her husband without reasonable cause). A Hindu married woman, who has been separated from her husband on reasonable cause, is entitled to claim maintenance under the following provisions, namely: 1. The Hindu Adoptions and Maintenance Act, 1956. 2. The Hindu Marriage Act, 1955, and 3. The Code of Criminal Procedure, 1973. 1. The Hindu Adoptions and Maintenance Act, 1956:Section 18(1) and (2) of the Act provides for maintenance. According in Section 18(2), a Hindu married woman, having sufficient means also is entitled to maintenance from her husband. According to Section 18(1) of the Act, a Hindu married woman living in the same roof along with the husband also is entitled to claim maintenance fromher husband. Under this Act, employed, propertied and even those residing with the husband are entitled to claim maintenance. 2. The Hindu Marriage Act, 1955: According to Section*24 and 25 of the Act, either of the spouses (i.e. either wife or husband)not having sufficient means to live on her/his own is entitled to claim maintenance from the other source. Section 24 provides for maintenance pendente lite (temporary relief) and Section 25 provides for permanent alimony and maintenance/permanent relief. 3. The Code of Criminal Procedure, 1973: Section 125 of the Code of Criminal Procedure, 1973, confers on married woman of any religion, right to claim maintenance from her husband, if he neglects or refuses to maintain her without any reasonable cause.It is a special provision and provides for speedy relief. It also extends to children and aged parents unable to live on their own. According to this section, a married woman (wife) of anyage or any religion who has been separated from her husband on reasonable cause and is not having sufficient means to live on her own is entitled to claim maintenance. Conditions : To invoke relief (claim maintenance) under Section125 Cr.P.C. by the married woman (wife) the following conditions are to be satisfied. i) the marriage must be a legal one as per their religion; ii) the wife must not refuse to live with her husband without reasonable cause; iii) she must not be unch aste/live in adultery or remarried; and iv) she must not live separately by mutual consent. There is no period of limitation for filing an application under Section 125 Cr.P.C. The payment o f maintenance comes into force with effect from the date of the order. Meaning : Sn. 3. (b) of the Hindu Adoptions and Maintenance Act defines maintenance. Maintenance is defined as including (i) in all cases, provisions for food, clothing, residence, education, medical attendance and treatment, (ii) Maintenance in case of an unmarried daughter includes also the reasonable expenses of her marriage.This definition is merely declaratory and explanatory and not exhaustive. Maintenance may stem as a liability under two circumstances (i) as dependent on the possession of the property and (ii) independent of the possession of the property, that is a personal liability. Manu has specified the persons who are entitled to maintenance: i.e., aged parents, virtuous wife and minor children. According to Manu, 'these persons must be maintained irrespective of the income ; Even by doing misdeeds, they must be maintained. There are provisions for 1) Maintenance of wife Sn. 18. 2) Maintenance of widowed daughter in law Sn. 19. 3) Maintenance of children and aged parents Sn. 20. 4) Maintenance of dependents Sn. 22. Maintenance of wife : Sn. 18 provides that a Hindu wife is entitled to be maintained by her husband during her life-time, when she lives with him. However, when she lives separately she may claim maintenance as a matter of right, from her husband during her lifetime, only under special circumstances as stated in the Act. i) Husband is guilty of desertion : This means abandoning her without any reasonable cause, and without her consent or against her will. He may have even wilfully neglected her Desertion : Same as understood in the ground for divorce. ii) Cruelty: When the husband treats her with cruelty, she may claim maintenance. Cruelty must be of such a nature as to cause a reasonable fear that it will be injurious to live with him. (Cruelty : same as understood in the ground for divorce. ) iii) Leprosy : If the husband is suffering from a virulent form of leprosy, the wife may live separately and claim maintenance. vi) Another wife : If the husband is having another wife living, the wife may refrain from the company of her husband and claim maintenance. v) Concubine: If the husband has kept a concubine in the same house or has been habitually residing with her or living with her, the wife may claim maintenance by living separately. vi) Conversion: If the husband becomes a convert to any other religion the wife may live separately and claim maintenance. vii) Any other cause : The Act after enumerating the above reasons leaves a discretion to the court to consider any other reason that may be substantiated by the wife. Her living separately from her husband must have a justifiable cause. The leading case is Russell V. Russell. Exceptions : The Act has provided certain exceptions also. If the wife is unchaste, or ceases to be a Hindu by conversion to some other religion, she is not entitled to claim maintenance. Maintenance of widow by father-in-law. If the husband is dead, the widow may claim maintenance from her father-in-law subject to certain conditions : a) She must be unable to maintain herself out of her own earning or other property. b) She is unable to obtain maintenance from the estate of her husband or her father or mother. c) She is unable to obtain maintenance from her son or daughter, if any, or his or her estate. Exception : If the father-in-law has no means or If she has obtained already her share in her husband's property or If she ceases to be a widow as on her remarriage, she is not entitled to claim maintenance. Maintenance of children and aged parents A Hindu is bound during his or her lifetime, to maintain the children and the aged or infirm parents. A minor child (legitimate or illegitimate) may claim maintenance from the father or mother. This obligation to maintain extends only as long as the person to be maintained is unable to maintain himself or herself. In case of an unmarried daughter the obligation extends evenafter minority if she is unable to maintain herself. Special feature: A Hindu female is also under an obligation to maintain her children and aged parents, if they are unable to maintain themselves. There was no such law in Old Hindu law. Maintenance of dependants : Sn. 21 defines who are dependants of a 'Hindu'. Sn. 22 deals with the right of a dependant against the estate of a deceased Hindu. a) The heirs of the deceased Hindu are bound to maintain the dependants out of the estate of the deceased Hindu. This is subject to certain conditions. i) The dependant has not received any share in the estate of the deceased then, he can claim the maintenance. ii) The liability to pay maintenance is on all those who get the estate. They must pay proportionately. iii) One dependant heir need not contribute to the other dependant if what he gets is itself less. b) Dependants : The following '"relatives' are entitled to maintenance from the estate of the deceased male or female Hindu (Propositus). i) Father ii) Mother iii) Widow, so long as she remains unmarried iv) Son, son of a predeceased son provided he is a minor and unable to maintain himself. v) Unmarried daughter or the unmarried daughter of a predeceased son provided she is unable to main herself. vi) Widowed daughter if she is unable to maintain herself from the estate of her husband or from son/daughter or from father in law. vii) Any widow of the son, or a widow of predeceased son as long as she remains unmarried. viii) Minor illegitimate children (son or daughter) Amount of maintenance : Sn. 23. The quantum (amount) of maintenance is determined by the court at its discretion. Its discretion is judicial. The Act has given certain factors which must weigh with the Court to award maintenance. There cannot be any mathematical certainty, but the court must take all factors into consideration. i) In respect of wife, children and parents the following factors are important. a) The position and status of the parties b) Reasonable wants c) Claimants separate living -justified or not ? d) Claimants income, property and other sources e) The number of persons entitled to maintenance under the Act ii) In respect of maintenance of dependants : the factors are a) Net value of the assets of the deceased after paying all debts. b) Provisions for dependants in the will if any c) The degree of relationship d) Reasonable wants e) Past relations if any f) Assets of the dependant g) The number of dependents Furthere, the claimant should be a Hindu" The amount fixed by the court (or by agreement) may be altered, if there is material change in circumstances.

Salient Features Of The Constitution:-If we look at the various Constitutions of the world, we would come across a variety of features of these Constitutions. Broadly speaking these Constitutions are classified on the basis of the political systems which are adopted by them. Modern political systems are of four categories on four different bases. Firstly there are democratic and authoritarian governments – the classification being based on extent of popular participation and extent of autonomy of the system. Second is based on legislature – executive relationship in a democratic polity. We distinguish them as Parliamentary and Presidential political systemsthe . Third, political system is classified between federal and unitary on the basis of geographical distribution of powers. Finally, depending on the economic structure, we classify political systems as capitalist and socialist governments. In addition to the above, there is another classification popularly known as having a written and unwritten Constitution. In most of the political systems, the Constitutions are written one. It is only in Britain that the Constitution is categorised as unwritten. There had been a controversy in respect of the Constitution of England. Some thinkers are of the opinion that there is no Constitution in England as such whereas some others say that it has the oldest Constitution in the world. These observations are the result of different interpretations of the single document, written and enacted at a particular time, embodying the fundamental special sanctity. Such a Constitution may be drawn up either by a convention or Assembly abated for that purpose, or may be promulgated by a monarch or a dictator. Bush Paine and Tocqueville had their eyes fixed on form rather than on substance. Prof Dicey tries to remove the confusion and defines the ‘Constitutions’ as the British understand it, as the sum total of “rules which directly or indirectly affect the distribution or the exercise of a sovereign power in the State.” To sum up, there is a Constitution in England that was never enacted and is not written. It is the result of the gradual evolution of political institutions over the centuries and is based on the evolution of conventions, which can be modified either by fresh conventions or by laws of the sovereign Parliament ‘It is a child of wisdom and chance, whose powers have been some times guided by accident and sometimes by high design.’ Written Constitution Unlike the Constitution of England, the Constitutions of the United States of America, Canada, France, and India are written Constitutions, though these differ from each other in one way or the other. The Constitution of India has the distinction of being the lengthiest and most detailed Constitutional document the world has so far produced. It has been the endeavor of the framers of the Constitution to provide for solutions of all the problems of the administration and government of the country. Even those matters which are subjects of convention in others countries have been put down in black and white in the Constitution of India. The Constitution of the U.S.A. comprises only seven Articles, the Australian has 128 Articles and the Canadian contains 147 Articles. In order to prepare such a voluminous Constitution, the founding fathers of the Indian Constitution time consumed 2 years, 11 months and 18 days. It is sometimes asked why the framers of Indian Constitution deemed it necessary to draw up such a ponderous constitutional document and ignored what Sir Ivor Jennings has described as the golden rule for all constitution makers, viz., “never to put in anything that can be safely left out.” The answer as Sir Ivor Jennings has himself pointed out is, that the great volume of the Indian Constitution is largely a legacy of the past. For a federation it is essential that its Constitution should be a written one so that both the units, the States and the Centre can refer to it as and when the need be. Accordingly, the Constituent Assembly prepared a written constitution containing 395 Articles and 12 Schedules Hence, it is the most elaborate Constitution of the world and it took almost three years in completing it. Partly Rigid and Partly Flexible Another feature of Indian Constitution which separates it from other constitutions of the world is that it is partly rigid and partly flexible. The procedure laid down by the Constitution for its amendment is neither very easy, as in England nor very rigid as in the United States. In England, which has no written Constitution, there is no difference between an ordinary law and a constitutional law. The constitutional law can be amended exactly in the same manner in which ordinary legislation is passed or amended. In the United States, however, the method of constitutional amendment is highly rigid. It can be carried out only with the agreement of the two third majority of the Congress i.e. the legislative body or the Parliament and its subsequent ratification by at least three fourth of the states. The Constitution of India strikes a golden mean, thereby avoiding the flexibility of the British Constitution and the extreme rigidity of the American Constitution. In India, only the amendment of a few of the provisions of the Constitution require ratification by the State Legislatures and even that ratification by only ½ of them would suffice (while the American Constitution requires ratification by ¾ of the states). The rest of the Constitution may be amended by a special majority of the Union Parliament i.e. a majority of not less than 2/3 of the members of each House present and voting, which again must be a majority of the total membership of the House. Besides the above mentioned methods, Parliament has been given the powers to alter or modify the provisions of the Constitution by a simple majority as is required for general legislation, by laying down in the Constitution that such changes shall not be deemed to be ‘amendments’ of the Constitution. It is important to note that in more than 62 years, a number of constitutional amendments have been passed. This indicates that Indian Constitution is flexible. However, it should be remembered that the basic structure of our Constitution can not be amended. Federal System with Unitary Bias A prominent characteristic of our Constitution is a Federal System with the Unitary base. In others words, though normally the system is federal, the Constitution enables the federation to transform into a Unitary State. Federalism is a modern concept. Its theory and practice in modern times is not older than American federation which came into existence in 1787. In a federal set up there are two tiers of government with well defined powers and functions. In such a system the Central government and the governments of the units act within a well defined sphere, coordinate with each other and at the same time act independently. The federal polity, in other words, provides a constitutional India-I device for bringing unity in diversity and for the achievement of common national goals. Federal Features The Indian federal system of today has such characteristics which are essential for the federal polity. The main federal features of the Indian Constitution are as follows : Written and Rigid Constitution An essential characteristic of a federation is that the Constitution should not only be written but it should be rigid also. This rigidity is specially desired by the federating units so that the Centre subsequently does not change the list of subjects to suit its convenience. In other words, it cannot be changed easily. All the provisions of the Constitution concerning Union-States relations can be amended only by the joint action of the State Legislature and the Union Parliament. Such provisions can be amended only if the amendment is passed by 2/3 majority of the members present and voting in the Parliament (which must also constitute the absolute majority of the total membership) and ratified by at least one half of the States. Supremacy of the Constitution In a federation, the Constitution should be supreme both for the Centre as well as the federating units. The Constitution is the supreme law of the land and the laws passed by the Union or the State governments must conform to the Constitution. Accordingly, India’s Constitution is also supreme and not the handmade of either the Centre or of the States. If for any reason any organ of the State violates any provision of the Constitution; the courts of law are there to ensure that the dignity of the Constitution is upheld at all costs. Division of Powers In a federation there should be clear division of powers so that the units and the Centre are required to enact and legislate within their sphere of activity and none violates its limits and tries to encroach upon the functions of others. This requisite is evident in our Constitution. The Seventh Schedule contains three Legislative Lists, viz Union List, Sate List and Concurrent List. The Union Lists consists of 97 subjects, the more important of which are defence, foreign affairs, post and telegraph, currency etc. The State List has 66 subjects including – jails, police, administration of justice, public health, agriculture etc. The Concurrent List embraced 47 subjects including criminal law, marriage, divorce, bankruptcy, trade unions, electricity, economic, social planning and education etc. The Union government enjoys legislative powers to legislate on the subjects mentioned is the Union List. The state governments have full authority to legislate on the subjects of the State List. Both the Centre and the States can legislate on the subjects mentioned in the concurrent list such as education, stamp duty, drugs and poisoneous substances, newspapers etc. However, in case of a conflict between the Union and the State law relating to the same subject, the Union law prevails over the State law. Besides, the power to legislate on all those subjects which are not included in any of the three lists are known as ‘Residuary Subjects’. These rest with the Union government. Independence of Judiciary and Provision of Supreme Court For a federation, it is essential that the judiciary should be independent there must be provision of Supreme Court to settle federal disputes. It should be custodian of the Constitution. If any law contravenes any provision of the Constitution, the apex court i.e. the Supreme Court of India can declare it as null and void or unconstitutional. In order to ensure the impartiality of the judiciary, the Chief Justice or the judges can not be removed by the executive nor their salaries can be curtailed by the Parliament. Bicameral Legislature A bicameral system is considered necessary for a federation. In the Upper House i.e. Council of States, representation is given to the States. In the House of the People or Lok Sabha, the elected members represent the people. The members of Rajya Sabha are elected by the State Legislative Assemblies, but unlike the Senate of the United States (wherein all the 50 States big or small, only two senators are elected), equal representation is not given to 28 States in India. Unitary Features:-Looking at these features, political thinkers are of the opinion that India has a federal set up. The framers of the Indian Constitution have a different view point. They opinion that Indian federation is actually not a true federation as India-I there are certain non-federal features, hence India is federal in form but unitary in spirit. Hence, it would be proper to examine the unitary characteristics of the Indian Union : A Strong Centre:-From the division of powers one can make out that the State governments are government of limited and enumerated powers. As against this, the Union government under certain circumstances has power over the State governments and also the control over the residuary subjects. Single Constitution for the Union and the States:-Normally, under a federal set up, the States have their own Constitutions i.e. separate from that of the Union. Such is the case in the United States. On the contrary there is only one Constitution for the Union and the states and there is no separate Constitution for the States in India. Single Unified and Integrated System of Judiciary:-The States of the United States have their own judicial system independent and uncoordinated with the federal judiciary. Australia also has more or less the same pattern. But in India the Supreme Court and the High Courts form a single integrated judicial system. The civil and the criminal law are codified and are applicable to the entire country. Common All India Services:-The Indian Constitution has certain special provisions to ensure the uniformity of the administrative system and to maintain minimum common administrative standards without impairing the federal principle. For this purposes a provision has been made for common all Indian Services. Appointment of the Governor by the President:-The Head of the State, the Governor, is not elected like the Governors of American States. In India, they are appointed by the President, They hold the office during his/her pleasure. The President can transfer him/her from one state to another state, On certain occasions he/she can be asked to look after one or more states. This enables the Union government to exercise control over the State administration. Critical Analysis of Indian Federalism:-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 changes, at the time of independence, could be handled only by a strong government at the Centre. Hence, the framers of the Constitution assigned a predominate role to the Centre. At the same time they made provisions for the establishment of a co- operative federalism. It is also a fact that during the working of the last six decades, the relations between the Centre and the States have not always been cordial. It may be noted that unity and diversity are very well co-ordinated in federal system. The units of a federation enjoy political and economic autonomy in their internal administration. It is a fact that federation is based on the principle decentralisation. It implements the idea that the government should be nearer the people so that they can reach it. Local problems can be more easily solved by the local and regional government, rather than one over – burdened central government. Division of powers leads to greater efficiency. Stability is better maintained in the federal system. On the other hand, crisesfederal government has certain shortcomings also. Different political parties in power at the Centre and in some of the States, the possibility of political clashes is increased. No doubt, federalism is certainly an expensive system. Herman Finer correctly opined, “It is financially expensive since there is a lot of duplication of administrative machinery and procedure. It is wasteful of time and energy, and that it depends much on negotiations, political and administrative, to secure uniformity of law and proper administrative fulfilmentWith different.” In India, after every crisis, the centre has emerged more powerful than before, which shows that crisis can be better solved by a powerful central government. This proves the weakness of federalism and strength of the unitary government. However, despite certain shortcomings, the federal government appears a better and fair alternative. While summing up, one seems to be agreeing with Durga Das Basu that India is neither purely federal nor purely unitary but is a combination of both. It is a Union or Composite State of a novel type. Political thinkers have stated that the Central government has, in fact, such extraordinary authority that India is not more than a ‘quasi–federal’ at best, or that if it is a federation at all, it has many unitary features. In the words of G. N. Joshi, “These, then, are some of the special features of the Indian Union. It both resembles and differs from other federations. It may correctly be described as a ‘Quasi – Federation’ with many elements of unitarity.” Summary:-The Constitution of India has several distinctive features. It is the lengthiest written Constitution in the world and it is a combination of rigidity and flexibility. The Constitution provides for a quasi-federal set up with a strong center. There is a class division of powers between the Center and the States. There is an independent single unified system of judiciary. The Supreme Court of India is the apex court of India. There are certain unitary features in the Indian Constitution such as Single Constitution, Single Citizenship, All India Services and the distribution of power in favour of the Center. India has a Parliamentary form of government headed by the Prime Minister who is responsible to the Parliament both individually and collectively.

International Law Solved MCQS 2000 International Law Solved MCQS 2001 International Law Solved MCQS 2002 International Law Solved MCQS 2000 (1) Provisions of Municipal Law:- (a) are enforceable in international relations without any qualification (b) are enforceable in international -relations if they are not in conflict with international law; (c) are not at all enforceable in international relations. (2) Select one of the following: - (a) Public International Organizations are subjects of International Law; (b) both Public and Private International organizations are subjects of International Law (c) None of the above is subject of International Law. (3) Foreign diplomatic envoys enjoy absolute immunity from local jurisdiction in; (a) Civil matters; (b) Criminal matters; (c) both civil and criminal matters. (4) The Right of innocent passage is available to: (a) Foreign Aircrafts; (b) Foreign ships; (c) all foreign vehicles. (5) Non-permanent members of the U.N. Security Council are elected for a period’ of: (a) five years; (b) three years; (c) two years. (6) A successor state is legally bound to: (a) fulfill all the obligations of its predecessor state; (b) only selected obligations; (c) No obligation at all.., (7) A lower riparian state: (a) Has no right to share water resources of an International River; (b) Has exclusive right (c) Has right to share water on an equitable basis. (8) The Charter of the U.N. was drawn up by:- (a) London Declaration 1943.; (b) Moscow and Tehran Conference1943; (c) San Francisco Conference 1945. (9) Universal Declaration on Human Rights was adopted in: (a) 1978 (b) 1958 (c) 1948 (10) The judges of the I.C.J. are elected by: (a) the U.N. Security Council (b) the U.N. General Assembly (c) both (11) Territorial Waters are: (a) Waters within the territorial limits of a state; (b) Waters dividing the territory of two or more states; (c) None of the above. (12) A state is admitted to the membership of the’ U.N. by: (a) the Security Council; (b) the General Assembly; (c) Both (13) Advisory opinion from the I.C.J. can be sought by: (a) the U.N. (b) the States (c) Both (14) A state is exempted from the jurisdiction of the local courts in another state: (a) if an agreement has been made to that effect; (b) by virtue of its sovereign status; (c) if such an exemption is granted by the local authorities. (15) The offence of piracy is subject to the jurisdiction of: (a) the flag state; (b) the offenders state (c) all the states. (16) A Continental Shelf is situated beneath the sea level at the approximate depth of: (a) 200 meters (b) 300 meters (c) 500 meters (17) Foreign sovereign ships sailing/anchoring in the coastal waters of another state are: (a) subject to the law of the flag state; (b) subject to the law of the coastal state; (c) subject to the law of both states. (18) In case an alien is injured in a foreign state, it is the right of the: (a) injured alien to bring a claim against the wrongdoer state before arrival international forum; (b) state of the nationality of the injured alien; (c) none of the two has rightconvicted to do so. (19) Extradition is the process of: - (a) providing asylum to the person who needs it; (b) handing over a person accused or convict of a crime by a state to the demanding state; (c) None of the two. (20) The Economic and Social Council is: (a) a specialized agency of the U.N. (b) an organ of the U.N. (c) N.G.O. for the uplift of economic and social standards of the people of the world. International Law Solved MCQS 2001 (1) Subject of International Law are: (a) States (b) Individuals (c) Both (d) None of these (2) The General Assembly is: (a) The Principle Organ of UNO (b) An ordinary Organ of UNO (c) A check on the Security Council (d) None of these (3) League of Nations was not joined by: (a) USA (b) France (c) UK (d) None of these (4) Judges of the ICJ are: (a) Elected by the Security Council (b) Elected by the General Assembly and the Security Council (c) Appointed by the Secretary General in consultation with the five permanent members of the Security Council. (d) None of these (5) Under the Convention of the Law of the Sea, the breadth of the Territorial Sea is: (a) 6 nautical miles (b) 8 nautical miles (c) 12 nautical miles (d) None of these (6) A state can use force: (a) In its own defence (b) By entering into a treaty with another state (c) At its own discretion (d) None of these (7) Diplomatic relations are established by: (a) Mutual agreement (b) Unilateral action (c) Decision of neighboring States (8) Rights of hand-locked states are governed by (a) Rules of customary international law (b) Convention on the Law of Sea (c) Mutual Consent (d) None of these (9) Vienna Congress took place in: (a) 1815 (b) 1919 (c) 1945 (d) None of these (10) Universal Declaration of Human Rights was signed in: (a) 1966 (b) 1968 (c) 1948 (d) None of these (11) The United Nation is: (a) A Supra-State organization (b) A creation of Member States (c) Has no link with States after its establishment (d) None of these (12) Territorial asylum is: (a) An exercise of territorial sovereignty (b) An impingement of territorial Sovereignty (c) Granted by mutual consent (d) None of these (13) A state is (a) Bound to recognize a new state (b) Not bound to do so (c) Requited to enter into dialog with the new state for recognition (14) Minquires and Ecrehos case was decided by (a) ICJ (1950) (b) PCIJ (c) Europe Court of Human Rights (d) None of these (15) The eruption of war termination: (a) All treaties (b) Only political treaties (c) No treaty (16) International Law can: (a) Compel a state to settle a dispute (b) Provide moral support to an issue in dispute (c) Furnish legal substance to an issue in dispute (d) None of these (17) The concept of State immunity is: (a) An attitude of territorial sovereignty (b) A derogation-form the sovereignty of state (c) Not concerned with territorial sovereignty (d) None of these (18) The Continuity of states us International Legal Persons is: (a) Affected by change of government (b) Not affected by change of government (c) Depends of the recognition of new government (d) None of these (19) Harmon Doctrine is: (a) Part of International Law (b) Was renounced before it could take roots in International Law (c) Is attempting to earn general acceptance (d) None of these (20) Vital change of circumstances (a) Renders a treaty invalid (b) Terminates the treaty (c) Has no affect on the treaty (d) None of these International Law Solved MCQS 2002 (1) In Pakistan the limit of the territorial waters is: (a) 24 (b) 12 (c) 36 (d) None of these (2) A diplomatic agent is immune from local jurisdiction: (a) In all cases (b) In criminal cases (c) In cases involving personal property (d) None of these (3) Haronon Doctrine means (a) A state cannot interfere in the internal affairs of other States (b) A state is not bound to recognize a government installed by a foreign power (c) A State has the right to use force for the protection of its nationals. (d) None of these (4) The Universal Declaration of Human Rights was adopted in: (a) 1917 (b) 1945 (c) 1948 (d) None of these (5) Contiguous Zone in Pakistan is adjacent to and beyond the territorial waters and extending seawards to a time (a) 12 (b) 24 (c) 48 (d) None of these (6)The width of the partition belt is generally recognized to be (a) 3 miles (b) 5 miles (c) 10 miles (d) None of these (7) The Estrada Doctrine relates to: (a) Delimitation of boundaries (b) Recognition of a government (c) Recognition of a State (d) None of these (8) The term of judges of the International Court of Justice is: (a) 3 years (b) 5 years (c) 9 years (d) None of these (9) Extradition is normally granted: (a) In all cases (b) In criminal cases (c) In civil cases (d) None of these (10) Foreign ships (a) are not allowed to navigate in the Territorial Waters (b) have the right of innocent passage in the Territorial Waters (c) have the right of free passage in the Territorial Waters (d) None of these (11) A State has the right to use force for (a) Obtaining raw materials (b) Creating the protection of human rights (c) Armed attack (d) None of these (12) International Court of Justice was established in: (a) 1945 (b) 1952 (c) 1956 (d) None of these (13) The Vienna Convention on Diplomatic Relations was adopted in: (a) 1945 (b) 1961 (c) 1962 (d) None of these (14) The father of International Law is considered to be: (a) Saurez (b) Oppeahoin (c) Grotius (d) None of these (15) A State has complete immunity from the jurisdiction of foreign courts in: (a) All cases (b) Public acts (c) Private cases (d) None of these (16) International Law Commission is a body to: (a) Investigate situations which may threaten international peace and security (b) Codify International Law (c) Conciliate between the disputing States (d) None of these (17) The first case taken up by the International Court of Justice was: (a) Asylum case (b) Nationality decree in Tunis (c) Corfu Channel (d) None of these (18) A state (a) Cannot nationalize foreign property (b) Can nationalize foreign property without compensation (c) Can nationalize foreign property after paying compensation (d) None of these (19) Diplomatic Asylum means (a) A diplomatic agent seeking asylum in the receiving State (b) Asylum provided by a diplomatic mission (c) Asylum provided to a political leader by a foreign State (d) None of these (20) Minister Resident are (a) Higher in rank than that of the Minister Plenipotentiary (b) Lower in rank than that of the Minister Plenipotentiary (c) Equal in rank to the Minister Plenipotentiary (d) None of these

1. The First constitutional amendment was enacted in a) 1950 b) 1951 c) 1967 d) 1975 2. A person instigates any person to do an offence or illegal act or omission attracts a) Section 107 IPC b) Section 120(B) of IPC c) Section 114 of IPC d) Section 144 of IPC 3. A land mark Habeas Corpus Petition was filed during emergency, that is a) Keshavanand Bharati V/s. State of Kerala b) Golaknath V.s State of Punjab c) MC Mehta V/s. Union of India d) ADM Jabalpur V/s. Shivkant Shukla 4. Examination in Chief is conducted by the a)Chief Examiner of the court b)A lawyer appointed by the accused c)A lawyer appointed by the government d)Presiding judge in the court 5. The convention of Climate Change was the outcome of a)The Stockholm Conference b)The Nairobi Conference c)The Vienna Conference d)The Rio De Janeiro Conference 6. Who is a protected workman a)Workman given police protection during labour strike b)Workman protected by insurance coverage c)Workman who is an executive or office bearer of a registered trade union in the establishment d)Workman protected from being arrested by a court order 7.A trade mark is a visual symbol applied to articles of commerce with a view to distinguish the articles from other. It is in the form of a)A word b)A device c)A label d)All the above 8.The Indian Legal system has evolved a new technique of alternate dispute resolution which is popularly known as Lok Adalat. It owes its origin to the statutory recognition by passing of a)Legal Service Corporation Act, 1974 b)Legal aid and advice Act, 1949 c)Legal Services Authorities Act, 1987 d)None 9. Shah Bano case was related to a) Dowry demand b) Harassment at work place c) Maintenance of divorced Muslim women d) Triple divorce of Muslim Women 10. Who can move PIL in High Court and Supreme Court, a) Any public spirited person b) NGO or Association with public spirit c) Group of Public spirited persons who have no personal interest d) All the above 11. Doctrine of 'Pleasure' applies to a) Legislative b) Civil servants c) Judges d) Cabinet Ministers 12. Section 24 A of Advocates Act 1961 provides the a) Appointment of Attorney General b) Regular attendance at Law College c) Admitted for enrolment in Bar or State Roll d) Election to state Bar Council 13. Articles of a company can be altered by a) The directors of the company b) The official of the company c) Share holders by passing an ordinary resolution d) Share holders by passing a special resolution 14. Article 361 provides a) Authority to Union government to dismiss the state governments b) Authority to the state governments to pass legislation c) Protection and immunities to the President and Governors from being prosecuted in courts d) None of the above 15. Uttering of words with deliberate intention to wound religious sentiments will be dealt with a) Section 298 of IPC b) Section 296 IPC c) Section 297 d) None of the above 16. Under Section 320(1), Cr.P.C for criminal intimidation, with section of IPC is applicable a) 503 b) 504 c) 505 d) 506 17. Which of the following is an innovative form of Alternative Dispute Resolution mechanism a) Bar Council of India b) Election Commission c) Comptroller and Auditor General d) LokAdalat 18. Which of the following is not a legal guardian of the property of Muslim minor a) Father b) Brother c) The executor appointed by father d) Grandfather 19. Who is garnishee a) A third party who is instructed by way of legal notice to surrender money to settle a debt or claim b) A borrower arrested for defaulting c) A person who cannot repay a bank loan d) A person who mortgaged his farm land 20. Under section 18 of the Land Acquisition Act, 1894 which of the following officers is empowered to refer the matter to the court a) The Tahsildar b) The Sub Collector c) The Deputy Collector d) The Collector 21. For Specific Performance of a contract suit is to be instituted in a) 3 years b) 3 months c) 6 months d) No specific time limit unless mentioned in the contract 22. Permanent Account Number (PAN) is defined under a) Wealth Tax b) GST c) Income Tax Act 1961 d) Finance Act 1992 23. A marriage with a woman before completion of her iddat is : a) Irregular b) Void c) Voidable d) None of these 24. Section 10 of the CPC provides for a) Stay of the suit b) Summoning witness c) Examination of witness d) Sentencing the judgement 25. Who is prevented from being testified u/s 118 of Indian Evidence Act a) A lunatic who cannot understand the questions put to him b) Extreme old age person who cannot give rational answer to the questions c) A tender age person who cannot give rational answer to the questions d) All the above 26. Supreme Court decided in SR Bommai V/s. Union of India, a) Relating to the President Rule in state b) Relating to the illegal detention c) Relating to the right to clean environment d) None of the above 27. Recovery of specific immovable property is defined a) Section of 5 of Specific Relief Act b) Section 120(B) of IPC c) Under section 10 of Sale of goods Act d) None of the Above 28. Section 29 of the Wealth Tax Act deals with a) Revision petition in division bench of High Court b) Appeal in Supreme Court c) Return of Wealth Tax d) None of the above 29. The Collector shall under the Land Acquisition Act 1894, give immediate -—of any correction made in the award to all the persons included a) Approval b) Stay c) Announcement d) Notice 30. Clerical or arithmetical mistakes in judgements, decrees or orders etc . can be corrected a) Under Section 151 of CPC b) Under Section 152 of CPC c) Under Section 153 of CPC d) Under Section 153 A of CPC 31. Any confessional statement by the accused given to the Magistrate is a) Admissible b) Not admissible c) Challengeable d) None of the above 32. Supreme court has decided in Keshavanand Bharati V/s. State of Kerala, that a) Parliament can amend any provision of the constitution b) Parliament cannot amend any provision of the constitution c) Parliament can amend any provision of the constitution but not to alter the basic structure and basic feature of the constitution d) None of the above 33. Under which of the following sections of the Code of Criminal Procedure , police can arrest an accused without warrant? a) Section 40 b) Section 41 c) Section 42 d) Section 37 34. "A" is at work with a hatchel: the head flies off and kills a man who is standing by. If there was no want of a proper caution on the part of A , his act is excusable and not an offence. It is contained in a) Section 80 of IPC b) Section 84 of IPC c) Section 81 of IPC d) Section 85 of IPC 35. Delhi Domestic Working Women Forum v/s. Union Of India (1995) 1 SC 14, In this PIL which issue was exposed before the court, a) The plight of some domestic maids who were sexually assaulted by army men b) Abolition of child labour c) Unemployment of domestic servants in Delhi d) Poor salary of maid servants 36. Which chapter of Cyber Law provides the legal Recognition to Digital Signature a) Chapter III b) Chapter IV c) Chapter IX d) Chapter IX and X 37. The FIR gives information of a) Report to the Magistrate about the inquiry conducted by a police officer b) Report submitted to the court by the investigation officer in a criminal case c) The commission of a cognizable crime d) None of the above 38. Definition of complainant is described in Consumer Protection Act under section ' a) Section 2(l)(b) b) Section 20 c) Section 21 d) None of the above 39. Which of the following deals with plaint in interpleader-suits in the code of civil procedure? a) Order 12, Rule 1 b) Order 17, Rule 10 c) Order 33, Rule 18 d) Order 35 Rule 1 40. Which is not the Private Right a) Rights of property b) Right of freedom c) Rights to Education d) All the above 41. Which one of the following is true of summons under Section 61 Cr.P.C? a) It is milder form of process b) It is for appearance c) It is for producing documents or thing d) All of them 42.The Kashmira Singh Vs. State of Punjab is a leading case on a)Dying Declaration b)Admission c)Confession d)None of the above 43.What is main objective of Section 138 of Negotiable Instruments Act a)Recovery of stolen property b)Recovery of seized vehicles from RTO c)Recovery of the cheque amount incase cheque issued by the payer is bounced d)None of the above 44.Part III of Arbitration and Conciliation Act, 1996 formalizes a)Process of Conciliation b)Process of Arbitration c)Enforcement of Foreign awards under New York and Geneva Conventions d)All of the above 45.Separation of judiciary from Executive is guaranteed in constitution under Article a)19 b)21 c)48-A d)50 46.In- camera trial is conducted in the cases charged under section a)302 IPC b)307 IPC c)376 IPC d)498-A-IPC 47.The Family courts have concurrent jurisdiction to pass a decree for dissolution of marriage under the Indian Divorce Act: In which case the order was passed: a)Flanda v/s. Flanda (AIR 1955) b)Dr. Mary V/s. Dr. Vincent (AIR 1991) c)Peter V/s. Anglina (AIR 1992) d)None of the above 48. Punishment for Advocates for misconduct is defined in Advocates Act 1961 by a) Section 25 b) Section 33 c) Section 35 d) None of the above 49. Which one is a case of public interest a) Vishaka V/s State of Rajasthan b) Minerva Mills V/s. Union of India AIR 1980 c) Municipal Council, Ratlam V.s. Vardichand AIR 1980 d) All the above 50. Under section 239Cr.PC, the Magistrate can a) Frame charges against the accused person b) Discharge the accused if charges are groundless. c) Open trial for evidence d) Convict the accused if pleaded guilty 51. Article 213 empowers the Governor to promulgate ordinances a) When the state legislature is not in session b) During the course of legislature session c) On the recommendation of the state cabinet d) With the permission of the union government 52. A person arrested should not be detained more than a) 48 hours b) 24 hours c) 14 days d) 90 days 53. Who of the following Muslim is not entitled to maintenance a) Son who is a minor b) Daughter who is not married c) Grand parents d) An Illegitimate son 54. In civil cases Indian Evidence Act bestows burden of proof on a) The Petitioner b) The respondents c) The state government d) The Court 55. In which of the following of Section 59 Cr. P. Cthe discharge of the arrested person by a police officer can take place? a) On his own bond b) On bail c) Under special order of the Magistrate d) All of them 56. Financial Relations between the state and centre are defined in constitution a) Between Article 245-255 b) Between Article 256 -263 c) Between 264 to 293 d) None of the above 57. Mahatma Gandhiji was jailed and prosecuted by British regime in 1922 at Ahmedabad u/s 124(A) of IPC for a) Calling Hartal b) Breaching public peace and tranquillity c) Sedition and disaffection to the government d) None of the above 58. Police can seek a bond for good behaviour u/s. 109 and 110 of Cr.PC from a) Habitual offenders b) White collar criminals c) Jail inmates d) None of the above 59. Dayabhaga school Presumes that "a family because it is joint possesses joint property" a) This statement is correct b) This presumption is under Mitakshara school c) This statement is incorrect d) None of these 60. Meaning of Industrial Dispute according to the Industrial Dispute Act 1947 is a) Dispute between employers and employers b) Dispute between employers and workman c) Dispute between workmen and workmen in connection with employment and non employment d) All the above 61. English case Ryland V/s. Fletcher laid down a very important rule a) Absolute Liability b) Vicarious liability c) Indirect liability d) Financial liability 62. Which of the following is not an essential fora valid sale: a) The parties must be competent to contract b) There must be mental consent c) There must be a transfer of property d) There must be an agreement to sell 63. "Custodial death is perhaps one of the worst crimes in a civilised society governed by the Rule of Law". In which case supreme court made this remark, a) A.K. Gopalan V/s. State of Madras b) M.C. Mehta V/s. Union of India c) D.K. Basu V/s. State of Bengal d) Visakha V/s. State of Rajasthan 64. A suit for compensation for false imprisonment, the period of limitation is a) 3 year’s from the date of sentencing the judgement b) 3 year’s from the date of release from imprisonment c) 3 year’s from the date of commencing the imprisonment d) 1 year when the imprisonment ends 65. Rule of Law is defined by a) Jeremy Bentham b) Sir John Salmond c) A.Y .Diecy d) Prof. Aristotle 66. What is the time prescribed for filing an FIR a) Within 24 hours b) Within 48 hours c) Within 14 days of the offence d) No time limit is specified 67. Which of the following is true of rules framed by the Supreme Court with reference to appeals to it? a) They are a special law within Section 4 of the code of civil procedure b) They must take precedence over Section. 114 or Order. 47 c) Both (A) and (B) d) None of these 68. An Appeal Against Order Passed under Section 27 of the Consumer Protection Act, 1986 by the National Commission lies in a) The High Court b) The Supreme Court c) The Central Government d) Not Appealable 69. Which is the body that award punishments to the advocates for misconduct a) Ethics Committee b) Professional Development Committee c) Disciplinary Committee d) High Court 70. Which section of Sale of Goods Act 1930 deal with anticipatory breach of contract a) Section 50 b) Section 65 c) Section 60 d) Section 70 71. Criminal proceedings against the infringer is enabled in the Copyright act by invoking the provisions a) Section 13-16 b) Section 17-27 c) Section 63-70 d) None of the above 72. Which section of Indian Registration Act 1908 provides with compulsory registration of Instrument of Gifts and Immovable Properties a) Section 11 b) Section 13 c) Section 17 d) None of the above 73. State government's power to control the road transport is provided in the Motor Vehicle Act 1988 Under section, a) 67 of MV Act 1988 b) 68 of MV Act 1988 c) 69 of MV Act 1988 d) None of the above 74. Doctrine of "LIS PENDENS" is given under which section of the transfer of property Act a) 41 b) 52 c) 53 d) 53A 75. Which of the following statements is true regarding the characteristics of International Law? a) It is a true law b) It has vertical structure c) It has well established institutes of governance d) It has formal law enforcing agencies 76. Deferred mohr is payable at the time of divorce or at the time of death of spouse. a) This statement is true under Sunni law. b) This statement is not true. c) Deferred mahr is payable only at the time of divorce. d) Deferred is mahr is payable only at the time of death of the spouse. 77. Dying declaration must be made by a) The dying person in hospital b) The doctor who is treating the deceased in hospital c) The deceased before death d) Nearest relative of the deceased 78. Judgement should be delivered to the parties or to their pleaders in the open court a) By delivering the whole of the judgement b) By reading out the whole of the judgement c) By reading out the operative part of the judgement d) All of the above 79. Which of the following deals with the evidence for prosecution a) Section 242 Cr.P.C b) Section 264 Cr.P.C c) Section 237 Cr.P.C d) Section 235 Cr.P.C 80. Abetting the Commission of suicide is given under a) Section 9 of IPC b) Section 8 of IPC c) Section 7 of IPC d) None of the above 81. Control over sub ordinate courts shall be vested in the a) High Court b) Supreme Court c) Chief Minister d) Governor 82. Section 34 of the CPC provides a) The Payment of fine imposed by the court b) Payment of compensation to the other party c) Payment of interest d) None of the above 83. Any question suggesting the answer which the person putting it expects to receive is called : a) Coercive question b) Confusing question c) Misleading question d) Rhetoric Question 84. According to clauses (i),(ii) and (iii) of section 145 of the code of civil Procedure a surety: a) May render himself personally liable b) He may only give a change upon his property c) He may undertake a personal liability and charge his property as further charge d) All of these 85. Section 49 of Factories Act 1947 explains about a) Canteen b) Creche c) Welfare officer d) Rest room 86. The word "case" used in Section. 115 of the code of civil Procedure is of wide import and a) It means any state of facts juridically considered b) It includes civil proceeding other suits and is not restricted to anything contained in the section to the entirety of the proceeding in a civil court c) Both (A) and (B) d) None of these 87. "A" finds a purse with money not knowing to whom it belongs, he afterwards discovers that it belongs to "B" and appropriates to his own use."A" is guilty of a) Criminal breach of trust b) Cheating c) Criminal misappropriation d) Theft 88. The word "is not possessed of sufficient means " in Order 33 Rule 1 refer: a) To dower debt due by the petitioner's husband b) To property over which petitioner has actual control c) To sufficient property and excludes sole means livelihoods d) None of these 89.Section 22 B of Legal Services Authority Act empower the central and state Authorities to a) Abolish LokAdalat b) Works of LokAdalat c) Powers of LokAdalat or permanent LokAdalat d) None of the above 90. Indian Evidence Act was enacted in a) 1972 b) 1872 c) 1955 d) 1986 91. Which is the correct state statement with regard to the professional ethics of a lawyer a) Lawyers have no right to go on strike or give a call for boycott b) An advocate shall not influence the decision of a court by any illegal or improper means c) An advocate abusing the process of the court is guilty and misconduct d) All of the above 92. Droite Administration is a system of administration a) French system b) British system c) American System d) Irish System 93. Which Act is covering the Cyber crimes a) Indian Telecommunication Act b) Indian Penal Code c) Indian Evidence Act d) Information Technology Act 94. In the tort of conspiracy, the purpose of combination must be to a) Violate legal right of the victim b) Cause damage to the victim c) Obtain benefit for the combiners d) Perfect the interest of combiners 95. Cancellation of instrument is mentioned in a) Section 8-25 of Specific Relief Act b) Section of 26 of Specific Relief Act c) Section 31-33 of specific Relief Act d) Sections 36-42 of Specific Relief Act 96. Unfair labour practice by the employers a) Victimization b) False implication in criminal case c) Untrue allegations of absence without leave d) All the above 97. The Costal Regulation Zone Notification was issued by the Central Government in a) 1986 b) 1988 c) 1991 d) 1997 98. Who is lawful guardian a) A person who in law represents the Minor: b) A person who has been appointed by the court c) A person who has been authorised to represent an unmarried daughter d) All the above 99. Under the Companies Act every person subscribing to the Memorandum of a company must take at least a) 100 shares b) 20 shares c) 10 shares d) 1 share 100. GST came into force from a) 1st January 2017 b) 1st April 2017 c) 1st July 2017 d) 1th August 2017

History of Internet and World Wide Web www.lawtool.net Index Introduction History of Internet and World Wide Web Need for cyber law Cyber crime on the rise Important terms related to cyber law "Cyber" is a prefix used to describe a person, thing, or idea as part of the computer and information age. Taken from kybernetes, Greek word for"steersman" or "governor," it was first used in cybernetics, a word coined by Norbert Wiener and his colleagues. The virtual world of internet is known as cyberspace and the laws governing this area are known as Cyber laws and allthe netizens of this space come under the ambit of these laws as it carries a kind of universal jurisdiction. Cyber law can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology. In short, cyber law is the law governing computers and the internet. The growth of Electronic Commerce has propelled the need for vibrant and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of Electronic Commerce. All these regulatory mechanisms and legal infrastructures come within the domain of Cyber law. Cyber law is important because it touches almost all aspects of transactions and activities on and involving the internet, World Wide Web and cyberspace. Every action and reaction in cyberspace has some legal and cyber legal perspectives. Cyber law encompasses laws relating to –  Cyber crimes  Electronic and digital signatures  Intellectual property  Data protection and privacy History of Internet and World Wide Web The Internet is a global system of interconnected computer networks that use the standardized Internet Protocol Suite (TCP/IP). It is a network of networks that consists of millions of private and public, academic, business, and government networks of local to global scope that are linked by copper wires, fiber-optic cables, wireless connections, and other technologies. The Internet carries a vast array of information resources and services, most notably the inter-linked hypertext documents of the World Wide Web (WWW) and the infrastructure to support electronic mail, in addition to popular services such as online chat, file transfer and file sharing, online gaming, and Voice over Internet Protocol (VoIP) person-to-person communication via voice and video.The origins of the Internet dates back to the 1960s when the United States funded research projects of its military agencies to build robust, fault-tolerant and distributed computer networks. This research and a period of civilian funding of a new U.S. backbone by the National Science Foundation spawned worldwide participation in the development of new networking technologies and led to the commercialization of an international network in the mid 1990s, and resulted in the following popularization of countless applications in virtually every aspect of modern human life. The terms Internet and World Wide Web are often used in everyday speech without much distinction. However, the Internet and the World Wide Web are not one and the same. The Internet is a global data communications system. It is a hardware and software infrastructure that provides connectivity between computers. In contrast, the Web is one of the services communicated via the Internet. It is a collection of interconnected documents and other resources, linked by hyperlinks and Uniform Resource Locator [URLs]. The World Wide Web was invented in 1989 by the English physicist Tim Berners-Lee, now the Director of the World Wide Web Consortium, and later assisted by Robert Cailliau, a Belgian computer scientist, while both were working at CERN in Geneva, Switzerland. In 1990, they proposed building a "web of nodes" storing "hypertext pages" viewed by "browsers" on a network and released that web in December.Overall Internet usage has seen tremendous growth. From 2000 to 2009, the number of Internet users globally rose from 394 million to 1.858 billion. By 2010, 22 percent of the world's population had access to computers with 1 billion Google searches every day, 300 million Internet users reading blogs, and 2 billion videos viewed daily on YouTube.After English (27%), the most requested languages on the World Wide Web are Chinese (23%), Spanish (8%), Japanese (5%), Portuguese and German (4%each), Arabic, French and Russian (3% each), and Korean (2%). By region, 42% of the world's Internet users are based in Asia, 24% in Europe, 14% in North America, 10% in Latin America and the Caribbean taken together, 6% in Africa, 3% in the Middle East and 1% in Australia/Oceania. Need for Cyber law In today’s techno-savvy environment, the world is becoming more and more digitally sophisticated and so are the crimes. Internet was initially developed as a research and information sharing tool and was in an unregulated manner. As the time passed by it became more transactional with e-business, e-commerce, e-governance and e-procurement etc. All legal issues related to internet crime are dealt with through cyber laws. As the number of internet users is on the rise, the need for cyber laws and their application has also gathered great momentum.In today's highly digitalized world, almost everyone is affected by cyber law. For example:Almost all transactions in shares are in demat form. Almost all companies extensively depend upon their computer networks and keep their valuable data in electronic form.Government forms including income tax returns, company law forms etc. are now filled in electronic form.Consumers are increasingly using credit cards for shopping. Most people are using email, cell phones and SMS messages for communication.  Even in "non-cyber crime" cases, important evidence is found incomputers / cell phones e.g. in cases of divorce, murder, kidnapping, tax evasion, organized crime, terrorist operations, counterfeit currency etc.Cyber crime cases such as online banking frauds, online share trading fraud, source code theft, credit card fraud, tax evasion, virus attacks,cyber sabotage, phishing attacks, email hijacking, denial of service, hacking, pornography etc are becoming common. Digital signatures and e-contracts are fast replacing conventionalmethods of transacting business. Technology per se is never a disputed issue but for whom and at what cost has been the issue in the ambit of governance. The cyber revolution holds the promise of quickly reaching the masses as opposed to the earlier technologies,which had a trickledown effect. Such a promise and potential can only berealized with an appropriate legal regime based on a given socio-economic matrix. Cyber crime on the rise As per the cyber crime records released by the National Crime Bureau Records (NCRB), a number of cyber crime cases were registered during 2020 to 2022 respectively under the Information Technology Act, 2000. Along with that, many cases were registered under cyber crime of Indian Penal Code which you can see by visiting ncrb website https://ncrb.gov.in/ A major programme has been initiated on the development of cyber forensics specifically cyber forensic tools, setting up of infrastructure for investigation and training of the users, particularly police and judicial officers in use of this tool to collect and analyze the digital evidence and present them in Court. Indian Computer Emergency Response Team (CERT-In) and Centre for Development of Advanced Computing (CDAC) are involved in providing basic and advanced training of Law Enforcement Agencies, Forensic labs and judiciary on the procedures and methodology of collecting, analyzing and presenting digital evidence. Cyber forensic training lab has been set up at Training Academy of CentralBureau of Investigation (CBI) to impart basic and advanced training in Cyber Forensics and Investigation of Cyber Crimes to Police Officers associated with CBI. In addition, Government has set up cyber forensic training and investigation labs in Kerala, Assam, Mizoram, Nagaland, Arunachal Pradesh, Tripura, Meghalaya, Manipur and Jammu & Kashmir. In collaboration with Data Security Council of India (DSCI), NASSCOM, Cyber Forensic Labs have been set up at Mumbai, Bengaluru, Pune and Kolkata. DSCI has organized 112 training programmes on Cyber Crime Investigation and awareness and a total of 3680 Police officials, judiciary and Public prosecutors have been trained through these programmes. Indian Computer Emergency Response Team (CERT-In) issues alerts, advisories and guidelines regarding cyber security threats and measures to be taken to prevent cyber incidents and enhance security of InformationTechnology systems.

women and the political process Q:What do you understand by feminism? Describe the rise and development of the feminist movement. Feminism is an important ideology and movement of the modern era. Since ancient times, women have been treated with discrimination in various fields. Due to this discriminatory treatment, women have been largely unable to play their role in the society. Since the beginning, the society has been male-dominated in which women were considered as slaves and were denied equal rights to men. The area of women was confined to the four walls of the house. She was only entrusted with the work of serving men, doing household chores, giving birth to children and taking care of them. Many religious texts have also supported women to be subservient to men and work under their direction. Women have often been misbehaved by men, which can be seen even today. This condition of women is found not only in backward countries but also in developed countries, where they are not given the social status of men. Although today in almost all the countries of the world, women have been given equal rights as men by the constitution and law; But in practice even today they are not equal partners in the decision making process and most of the decisions regarding them are taken by men only. Although women are still being discriminated against, but today they have awakened and they have organized themselves and started fighting to get equal rights and equality with men. The movement launched by women for the protection of their interests has been named Feminism. Origin of Feminism: Origin of the word Feminism EnglishThe word of the language is derived from Female. Female means woman or related to women. Therefore, feminism is such a movement which is concerned with protecting the interests of women. Definitions of Feminism Different scholars have defined feminism from their own perspectives. Some of the different definitions are as follows According to the Oxford Dictionary, feminism is the recognition of women's rights, their achievements and advocacy of rights. , - Famous sociologist Mary Evous has written that feminism is a critical evaluation of the present and past status of women. It is a challenge to the values related to women that are presented to women by others. In the words of Charlotte Bunch, feminism refers to a range of theories and movements that oppose male supremacy and criticize the subordination of women to men. Which is committed to ending gender-based discrimination. According to John Charvet, the basic principle of feminism is that there is no difference between men and women from the side of fundamental ability. There are no male beings or female beings in this aspect, rather they are human beings. Man's femininity and importance are independent of gender. According to the encyclopedia Britannica, feminism is a concept that originated only a short time ago. This concept represents the objectives and ideas that are related to the movements run in favor of women's rights. It includes the personal, social, political and economic aspects of the movement and aims at bringing women to a level of complete equality with men. Comparative governance and politics were adopted along with suffrage, but women in France, Italy, Belgium, Portugal and Spain had to wait until World War II to gain the right to vote. All these countries were completely under the influence of Roman Catholics. / Literally women in the name of Christianity and IslamThere was a lot of opposition to suffrage. After the Second World War, the principle of democratic suffrage (suffrage to all adult men and women) was adopted by almost every European country. Countries like Switzerland were exceptions to this, where in 1970 AD. Women were denied the right to vote till then. Another fact is that even after providing suffrage to women, some countries continue to adopt the notion of expected political disqualification of women. For example, women in New Zealand Suffrage 1893 AD Granted in , but he had the right to be elected as a representative in 1919 AD . Provided by the Women Parliamentary Rights Act. Finland was the first state to give women both rights (suffrage and the right to be elected as representatives) in 1906 AD. Provided in Human rights movement after World War II So strong was it that the principle of adult franchise (equal political rights for both men and women) was accepted in India and many other countries almost without any protest and controversy. Today, adult franchise has been adopted in almost all the democratic countries of the world. women to menSimilarly, the right to be elected as a representative is also available. In practice, the participation of women and their role in elections is continuously increasing, but their representation in elected representative bodies and their influence on the political process as a whole is very low. It has been told in a survey that in the parliaments (legislative assemblies) of various countries, women have only 15.1 percent representation (6,069 seats out of 40, 304) and in the council of ministers, they have got only 6 percent seats in total. Is . Women's political participation in this definition does not only include women voting, being elected as representatives, supporting political communities and establishing contacts with legislators, but political participation can include all those organized activities that Influences or tries to influence power relations. Active support, protest or demonstration of the ruling class is also a part of political participation. In relation to how much participation of women should be in the political process for a meaningful role, the United Nations Commission on the Status of Women in 1990 AD. It has suggested that the participation of women in decision-making structures should be at least 30 per cent. After this in 1995 AD. Concern has also been expressed that the target of 30 percent participation approved by the Economic and Social Council has not been achieved anywhere.

ONLINE RTI APPLICATION FILING How to file RTI Application Form online with Government Departments?. It is easy to file online application under Right to Information Act 2005 through internet. RTI applications/first appeals can be filed online along with online payment. Payment can be made through internet banking of SBI & its associate banks, debit/credit cards of Master/Visa and RuPay cards. It is easy to file RTI Applications online by using internet facility and payment gateway. The applicant need not visit different offices to submit RTI applications and banks to make Demand Draft. https://rtionline.gov.in/ Please follow the following steps to file RTI applications/first appeals by Indian Citizens for all Ministries/Departments and few other Public Authorities of Central Government. Steps to File Online RTI Application / First appeal with Central Government Ministries / Departments and few other Public Authorities. Step 1 : Hit on the link to open the website to file RTI Online applications and first appeals The following following menu will open. Online RTI Application Form Filing Step 2 : Hit on Submit Request to file Online RTI Application The following menu will open with guidelines for use of RTI online Portal RTI Application guide Step 3 : Select I have read and Understood the above guidelines (after reading the guideline). Step 4 : Hit on Submit Button Now online RTI Request form is opened. RTI online request form RTI online form Step 4 : Fill the information asked for in the form Fields marked red * are mandatory Public Authority Details Search Public Authority : Type name or part of name of public authority Select Ministry / Department / Apex Body : Select from the list Select Public Authority : Select public authority to which you apply (Your request will be filed with this selected public authority) Personal Details of RTI applicant Name : Write full name of applicant Gender : Select from Male, Female or Third Gender Address : Enter full address of the applicant PIN Code : Enter PIN Code Country : Select India if you are from India. For others select Other State : Select State from the List Status : Select your status either Urban or Rural Educational Status : Select Literate or Illiterate Phone No : Enter Phone No of the applicant Mobile No : Enter Mobile No of the applicant to receive SMS alerts Email ID : Enter Email ID of applicant Confirm Email ID : Reenter Email ID for confirmation Request Details: Citizenship : Select Indian or Other Is the applicant below poverty line : Select yes or no Text for RTI Request application : Enter your RTI request application upto 3000 characters Supporting Document : You can attach supporting document upto 1 MB Enter Security Code : Enter the security code displayed on the screen Step 5 : Hit on Submit Button Now online RTI application filling process is over. If the applicant is below poverty line the application will be accepted straight away. If the applicant is above poverty line payment gateway will be opened and the applicant can pay online the RTI application fee to complete the process. After completion of the process the applicant will be informed through SMS / Email. Disclaimer: We do not collect any information about or from the visitors of this website. Articles published here are only for information and guidance and not for any commercial purpose. We have tried our level best to keep maximum accuracy, however please confirm from relevant sources for maximum accuracy.

Register Consumer Complaint with Government. Lodge complaints and get support from Government AuthoritiesNow you can lodge Consumer Complaint online with the website of Nation al Consumer Helpline through toll free numbers and website. This facility is available allover India. National Consumer Helpline supports consumers by: Guiding consumers in finding solutions to problems related to Products & ServicesProviding information related to Companies and Regulatory Authorities Facilitating consumers in filing complaints against defaulting Service Providers Empowering consumers to use available Consumer Grievances RedressalMechanisms, Educating Consumers about their Rights and Responsibilities. Departments to which Consumer Complaint can be filed GOODS & SERVICES TAX (GST) AIRLINES AUTOMOBILES BANKING DOMESTIC APPLIANCES ELECTRICITY FOOD SAFETY INSURANCE LEGAL LEGAL METROLOGY MEDICAL NEGLIGENCE NBFCs - NON BANKING FINANCIAL COMPANIES PDS POSTAL DEPARTMENT PETROLEUM/ LPG/ PNG REAL ESTATE TELECOM How to Register Complaint with National Consumer Helpline? Consumer complaint with National Consumer Helpline can be lodged in the following manner: 1. Make oral Complaint to National Toll Free No-1800-11-4000 2. Send SMS Complaint to +918130009809 3. Register Complaint online through National Complaint Helpline Website How to Register Complaint online with National Complaint Helpline Website? Follow the following steps to register Complaint with National Consumer Helpline Website. Step 1: Visit the Website of National Consumer Complaint website https://consumerhelpline.gov.in/ The following website will open National Consumer Complaint Registration Website Step 2: Click on the Complaint Registration Button https://consumerhelpline.gov.in/ The following menu will open Register Complaint with National Consumer Helpline Step 3: Click on the Register your Complaint Button https://consumerhelpline.gov.in/ National Consumer Complaint Registration Step 4: Click on Signup The following menu will open - Complaint Registration Step 5: Fill the Following information: First Name: Your First Name Last Name: Your Last Name Gender: Select Gender from the List Contact Number: Enter your mobile Number Email or User Name: Write your email ID or a new user name Password: Write new Password Confirm Password: Re-enter Password Captcha: Enter the letters showing in the box Step 6: Click on Signup Button Now your registration with the Consumer helpline website is over. Step 7: Visit the Website of National Consumer Helpline website https://consumerhelpline.gov.in/ Use the following menu at the middle:- Consumer Helpline Login Step 8: Click on User Login The following Menu will open:- Consumer Helpline User Step 9: Fill User Name, Password and Captcha Step 10: Click on Sign In Button Now you are lodged on to the Website of https://consumerhelpline.gov.in/You can lodge your complaint. After registering the complaint you will get acknowledgment

Population control is a very big problem in our country, so in view of this problem, the Uttar Pradesh government has proposed the Population Control Bill, 2021. After so many years of independence, Uttar Pradesh (UP) has become the first state in India to introduce population control measures. Recently, the Government of Uttar Pradesh (UP) introduced a draft bill of the UP Population Policy (2021-2030) on World Population Day to reduce the gross fertility rate and stabilize the population. These centers will distribute contraceptive pills and condoms and also spread awareness about family planning methods. The draft proposes to use vasectomy operations, tubectomy or vasectomy. They will also have to ensure compulsory registration of pregnancies, deliveries, births and deaths across the state. It is important to understand that even if from tomorrow all couples in UP start having two children, the population will continue to grow. The reason for this is the large number of youth in the state. The population is growing not because couples are having more children, but because we have more young couples today. Experts studies and past data show that this policy may not be very effective as one third of the population of UP is youth and we will not get the desired result from this law. Blocking poor people from government schemes and incentives is also unfair as sometimes it is due to extreme poverty, low education and awareness and inability to afford contraceptive measures or abortion. In South India, Kerala and Karnataka have seen a decline in the fertility rate, which is due to education and awareness, so the UP government should also focus on education and awareness to the people for population control as it will also protect the rights. In the new population policy, a target has been set to bring the birth rate to 2.1 per thousand population by the year 2026 and 1.9 by 2030. The Samajwadi Party (SP) has called the population control policy "election propaganda" – the impending assembly elections in the state – as have political analysts. Congress's Salman Khurshid has said that politicians should declare the number of their children. Data on Uttar Pradesh Legislature as it happens The Assembly's website states that more than 50% of MLAs in the UP Assembly, where the BJP has 304 out of 403 seats, have more than two children. More than half of the BJP MLAs have three or more children. Bahujan Samaj Party (BSP) leader Mayawati said Adityanath's move was motivated only by elections. According to him, the government should have started "spreading awareness among the people immediately after forming the government" if it was serious about managing the population. The proposed legislation is not only unnecessary and harmful but could potentially lead to a political and demographic disaster

Income Tax Return Online Registration, Income Tax Return Online Registration, E-filing, E-verify, Rest Password, Logon Through Net Banking and Filing of Rectification Request online. A Guide for ITR online services Register with Income Tax online. Registration of PAN online. Online registration of PAN, How to Register your PAN with Income Tax Department website to view TDS, Returns, tax paid etc? To file Income tax return online or to view amount of Tax Deducted at Source (TDS), status of income tax return filed, whether tax paid is credited or not, outstanding demand if any etc, it is necessary to register with Income Tax Department Website. If you want to use register with the website of income tax department read the complete guide for registration.... More...https://www.incometax.gov.in/iec/foportal/ What are the steps to register your PAN with Income Tax Department Website? Step 1. Visit the Income Tax Department online Portal https://www.incometax.gov.in/iec/foportal/ Step 2. Hit on the Register Yourself button. Step 3. Now Registration form is opened. Chose user type and hit on continue. Step 4. Now enter your basic details i.e. PAN, Surname, Middle Name, First Name and Date of Birth. Please fill the information carefully and hit on continue. Step 5. Give a strong password and fill out a few other basic details such as your address, phone number. Ensure that the email address and phone number are currently in use. Step 6. You will get a confirmation message from the department on the next screen. Step 7. You will receive an email with the activation link to your registered email address. Hit on the activation link. Your username is your PAN. Step 8. Enter the onetime password you received on your mobile phone. Step 9. Now you would have successfully registered with the Income Tax Department website. You can now login to your account to access TDS amount, ITR-V, view e-filed returns and e-verify your income tax return etc. Disclaimer: We do not collect any information about or from the visitors of this website. Articles published here are only for information and guidance and not for any commercial purpose. We have tried our level best to keep maximum accuracy, however please confirm from relevant sources for maximum accuracy.

Advocate on Record (AOR) in the Supreme Court of India According to Article 145(1) of the Constitution of India, the Hon’ble Supreme Court has the power to make rules for regulating generally the practice and procedure of the Court, which includes persons practicing in this Court. As per Chapter IV of the Supreme Court Rules, 2013, only an Advocate on Record (AOR) shall for a party appear, plead and address the Court in a matter. Although, on instructions from an AOR and with the permission of Court, an Advocate other than AOR can also address the Court in a matter. Interestingly, not every advocate practicing in the Supreme Court is an AOR. There are certain set of conditions that are required to be fulfilled. Role and duty of AOR The roles of an Advocate on Record (AOR) in India are: Advocate On Record (AOR) Only an AOR can file a Vakalatnama in the Supreme Court on behalf of the client. Vakalatnama is a document in writing, appointing a lawyer or pleader to represent the clients matter in a Court of law. Advocate on Record (AOR) in the Supreme Court of India According to Article 145(1) of the Constitution of India, the Hon’ble Supreme Court has the power to make rules for regulating generally the practice and procedure of the Court, which includes persons practicing in this Court. As per Chapter IV of the Supreme Court Rules, 2013, only an Advocate on Record (AOR) shall for a party appear, plead and address the Court in a matter. Although, on instructions from an AOR and with the permission of Court, an Advocate other than AOR can also address the Court in a matter. Interestingly, not every advocate practicing in the Supreme Court is an AOR. There are certain set of conditions that are required to be fulfilled. Role and duty of AOR The roles of an Advocate on Record (AOR) in India are:Qualifications to be an AOR in India An Advocate can become an AOR, if he/she fulfills the following criteria: Advocate On Record (AOR)Only an AOR can file a Vakalatnama in the Supreme Court on behalf of the client. Vakalatnama is a document in writing, appointing a lawyer or pleader to represent the clients matter in a Court of law.No advocate other than an AOR can appear and plead in any matter unless an AOR instructs him.Any notice or order/correspondence by the Supreme Court is sent to the AOR.It is necessary to get a certificate issued by an AOR, in order to file a Special leave Petition under Article 136 ofthe Constitution of India.An AOR is personally liable for the due payment of all fees/charges Is it mandatory to engage an AOR for Filing a Special Leave Petition (SLP) in Supreme Court of India? An Advocate on Record (AOR) in Supreme Court of India is an advocate who has cleared the exam held by the Supreme Court of India and has registered as an Advocate on Record with the Honorable Supreme Court of India. An Advocate on Record is entitled under the Order IV of the Supreme Court Rules, 2013 to act as well as to plead for aparty in the Supreme Court of India. As per the Rules, no advocate other than an advocate on record shall be entitled to file an appearance or act for a party in the Supreme Court of India. No advocate other than an Advocate on Record(AOR) can appear and plead in any matter unless an advocate on record instructs him. Difference between an Advocate and AOR An Advocate is a legally trained professional to practice law before all Court/tribunals in India. However, an AOR is trained for one year only under an AOR for practicing before the Supreme Court of India. Can a Law Firm be registered as an AOR in India? Yes, a law firm having all partners as AOR can be registered as an Advocate on Record. S.S. Rana & Co. is one of thevery few IP firms in India, registered as Advocate on Record with the Hon’ble Supreme Court of India, which equips itto represent clients from the lower courts right up to the Apex Court. Can Advocates other than AOR work on a case for their client? Yes, a client can have his briefing Counsel for a case, who has handled the matter at lower courts. The briefingCounsel can assist the Advocate on Record in undertaking the drafting, collecting all case documents, certifiedcopies and brief the AOR about the case facts. But without AOR the briefing lawyer cannot file /defend a case in theSupreme Court and plead on behalf of his client. Eligibility criteria If an advocate wants to practice as an advocate-on-record in the Supreme Court he or she needs the following qualification The advocate must have a practice for five years as an advocate. And thereafter has to intimate to the Supreme Court that, he or she has started taking training with a Senior Advocate on the record because he or she intends to become an Advocate-on-record. After the expiry of one year’s training, the advocate has to appear for an examination conducted by the Supreme Court itself. After an advocate passes this examination, he or she must have a registered office within a radius of 10 miles from the Supreme Court building and a registered clerk. It is after this that the Chamber Judge of the Supreme Court accepts him as an advocate-on-record. Advocate-on-record exam syllabus There are four set of paper of four different subjects namely, Practice and procedure of Supreme Court – This includes Learning important provisions of the constitution of India relating to jurisdiction of the court. Supreme Court Rules and provisions of Civil Procedure Code, Limitation Act and the General Principles of court fees Act. Drafting – This includes, Petitions for Special Leave and Statements of Cases, etc. Decrees, Orders, and Writs, etc. Syllabus includes petitions of appeal, plaint and written statement in a suit under Article 131 of the Constitution of India; review petitions under Article 137 of the Constitution of India; transfer petitions u/s 25 of the Civil Procedure Code; Article 139 of the Constitution of India and Section 406 of the Criminal Procedure Code, 1973; contempt petitions under Article 129 of the Constitution of India, interlocutory applications including criminal miscellaneous petitions for bail, condonation of delay, exemption from surrender, applications for revocation of special leave, etc. Advocate and Professional ethics – This includes, The Advocates Act and Cases reported under the Advocates Act, particularly disciplinary proceedings. Cases relating to the Contempt of Court involving Advocates. The Bar Council of India Rules. The Supreme Court Rules, 2013. Leading cases This includes all the cases as notified by the exam department. The list of the cases as according to exam of 2017 can be found here Study materials In its official site, the Supreme court has also provided the study materials which could be found here Result of the exam For result relating information, Regulation 11(i) & 11(ii) are reproduced:- Regulation 11(i) “A candidate, who fails to obtain 50 per cent in one paper only but obtains 40 per cent in that paper and also obtains 60 per cent in the aggregate in the remaining papers, shall be allowed to appear in that paper at anyone subsequent examination on payment of the full examination fee and he shall be declared to have passed the Advocates-on-Record Examination if he obtains 50 per cent marks in the paper in which he has so reappeared and the marks so obtained in the paper he has reappeared taken with the marks obtained in the remaining papers at the earlier examination are 60 percent of the aggregate marks in all the papers. Regulation 11 (ii) “A candidate who passes in all the papers at any single examination but fails to obtain 60 percent of the marks in the aggregate may, on payment of the full examination fee, appear at anyone subsequent examination in one of the papers only and shall be declared to have passed the Advocates-on-Record Examination if the marks obtained by him at the subsequent examination taken with the marks obtained in the remaining papers at the earlier examination are 60 percent of the aggregate marks in all the papers. The option will have to be exercised by the candidate at the time of filing of a proforma application for appearing in the subsequent examination and the option once exercised shall be binding on the candidate. The Candidates are informed that in ensuring examination those who are given roll number and who absent themselves in examination without assigning sufficient reasons in writing to the secretary will be treated as not sufficiently prepared and will be dealing with under regulation 5(b) without giving further opportunity, and time may be prescribed within which they shall not present themselves again for examination except with prior permission of the chairman of board of Examiners. Bar on reappearing for the AOR exam – Regulation 5 (b) 5(b) “If the committee on the recommendation of the Board of Examiners is of the opinion that a candidate has not sufficiently prepared himself for the examination they may prescribe a time within which he shall not present himself again for examination. The candidates are further informed that as per registration 11 (iii) of the Regulations regarding Advocates-On-Record, a candidate, who fails in all the papers of the examinations, shall not be permitted to appear in the next examination. The candidates are further informed that as per Regulations 11 (iv) of the Regulations regarding Advocates-On-Record Examination, a candidate shall not be allowed more than five chances to appear at the examination. Appearance even in any one of the papers in an examination shall be deemed to be a chance. Professional ethics an AOR must know It is not an individual service rather, it’s a public service, and hence trust is attached to the work and the advocate should not involve in any work which hampers the trust. Should follow the principle of integrity and morality in his/her work. Should do nothing which will detract the dignity of the court. Should never indulge in any misconduct. Should maintain secrecy and trust between himself and his client. Should commit his/her work towards the welfare of the society, and not towards focussing on only earning money. Fees charged should be according to rules. Should never abuse his/her powers to fool clients. Should strictly follow the court rules and orders and should respect the court. Should work for the activity of social welfare rather than just using skills for litigation and adjudication. Should not use any unfair means against the opposite parties. Difficulty level of the AOR exam It’s true that every year the questions paper gets difficult and lengthy, and according to a source, the passing criteria has also increased. There are various views on the AOR exam, and on many interviews, it is found that some find it difficult while others find it lengthy though, it’s their own perspective. Conclusion As a constitutional right, the AOR Exam conducted by the supreme court evolves out as a standard of eligibility for appearing, pleading and acting before the supreme court. It ensures that a lawyer appearing before it has the right knowledge, skill, and authority and is fit to take the case from people and fight for them in the best possible manner.

Deforestation is the permanent Sustainable deforestation refers to the removal of tree cover for urbanization, commodity production, and some types of small-scale agriculture, so that the previous tree cover does not return. It does not include temporary forest loss due to felling or forest fires in the forestry sector. Destruction of forests to make land available for other uses. According to the Food and Agriculture Organization (FAO) of the United Nations, an estimated 18 million acres (7.3 million hectares) of forest, roughly equal to the size of the country of Panama, are destroyed each year. Causes There are many causes of deforestation . The reports that half of the trees illegally removed from forests are used as fuel . Some other common reasons are : To make more land available for housing and urbanization To harvest timber to create commercial items such as paper , furniture and homes To create ingredients thatare highly prized consumer items , such as the oil from palm trees To create room for cattle ranching Common methods of deforestation are burning trees and clear cutting .These tactics leave the land completely barren and are controversial practices . Clear cutting is when large swaths of land are cut down all at once . A forestry expert quoted bythe Natural Resources Defense Council describes clear cutting as an ecological trauma that has no precedent in nature except for a major volcanic eruption . Burning can be done quickly , in vast swaths of land , or more slowly with the slash - and -burntechnique . Slash and burn agriculture entails cutting down a patch of trees , burning them and growing crops on the , land . The ash from the burned trees provides some nourishment for the plants and the land is weed - free from the burning . When the soil becomes less nourishing and weeds begin to reappear over years of use , the farmers move on to a new patch of land and begin the process again . Deforestation And Climate Change Deforestation is considered to be one of the contributing factors to global climate change . According to Michael Daley , an associate professor of environmental science at Lasell College in Newton , Massachusetts , the No. 1 problem caused by deforestation is the impact on the global carbon cycle . Gas molecules that absorb thermal infrared radiation are called greenhouse gases . If greenhouse gases are in large enough quantity , they can force climate change , according to Daley . While oxygen ( 02 ) is the second most abundant gas in our atmosphere , it does not absorb thermal infrared radiation , as greenhouse gases do . Carbon dioxide ( CO2 ) is the most prevalent greenhouse gas CO2 accounts for about 82.2 percent of all U.S. greenhouse gas , according to the Environmental Protection Agency ( EPA ) . Trees can help , though . About 300 billion tons of carbon , 40 times the annual greenhouse gas emissions from fossil fuels , is stored in trees , according to Greenpeace . The deforestation of trees not only lessens the amount - of - carbon stored , it also releases carbon dioxide into the air . This is because when . trees die , they release the stored carbon . According to the 2010 - Global Forest Resources Assessment , deforestation releases nearly a billion tons of carbon into the atmosphere per year , though the numbers are not as high as the ones recorded in the previous decade . Deforestation is the second largest anthropogenic ( human - caused ) source of carbon dioxide to the atmosphere ( after fossil fuel combustion ) , ranging between 6 percent and 17 percent , according to a study published in 2009 in Nature . Carbon isn’t the only greenhouse gas that is affected by deforestation . Water vapor is also considered a greenhouse gas . " The impact of deforestation on the exchange of water vapor and carbon dioxide between the atmosphere and the terrestrial land surface is the biggest concern with regard to the climate system , " said Daley . Changes in their atmospheric concentration will have a direct effect on climate . Deforestation has decreased global vapor flows from land by 4 percent , according to an article published by the journal National Academy of Sciences . Even this slight change in vapor flows can disrupt natural weather patterns and changecurrent climate models . Other Effects Of Deforestation Forests are complex ecosystems that affect almost every species on the planet . When they aredegraded , it can set off a devastating chain of events both locally and around the world . 1. Loss Of Species : Seventy percent of the world's plants and animals live in forests and are losing their habitats to deforestation, according to National Geographic . Loss of habitat can lead to species extinction . It also has negative consequences for medicinal research and local populations that rely on the animals and plants in the forests for hunting and medicine. 2.Water Cycle : Trees are important to the water cycle . Theyabsorb rain fall and produce water vapor that is released into the atmosphere . Trees also lessen the pollution in water , according to the North Carolina State University , by stopping polluted runoff . In the Amazon , more than half the water in the ecosystem is held within the plants , according to the National Geographic Society. 3. Soil Erosion Tree roots anchor the soil . Without trees , the soil is free to wash or blow away , which can lead to vegetation growth problems . The WWF states that scientists estimate that a third of theworlds arable land has been lost to deforestation since 1960. After a clear cutting , cash crops like coffee , soy and palm oil are planted . Planting these types of trees can cause further soil erosion because . their roots cannot hold onto the soil . 4. Life Quality : Soil erosion can also lead to silt entering the lakes , streams and other water sources . This can decrease local water quality and contribute to poor health in populations in the area . 5. The Disturbance Of Native People : Many native tribes live in the rainforests of the world , and their destruction is the destruction of these peoples homes and way of life .

1.The national income of a country for a given period is equal to the: (a)Total value of goods and services produced by the nationals. (b) Sum of total consumption and investment expenditure. (c) Sum of personal income of all individuals. (d) Money value of final goods and services produced. 2.The GNP gap is the gap between: (a) GNP and NNP (b) GNP and depreciation (c) GNP and GDP (d) Potential and actual GNP. 3.The causes of black money are : (a) Public expenditure programme (b) Inflation (c) Political finance and standard of Public morality (d) All of the above 4.The internal debt comprises : (a) Market borrowing (b) Treasury Bills (c) Special securities issued to RBI (d) All of the above 5. Circular flow of income in a two sector model implies : (a) Payments from households to firm and back again (b) Payments from firms to firms (c) Payments from households to households (d) Payments from households to firms 6. Double counting has the effect of: (a) Underestimating national product (b) Overestimating national product (c) Misleading conclusions about national income. (d) Distorting national product. 7. Interest on the national debt is included in : (a) NNP (b) GNP (c) Personal Income (d) National Income 8.Net domestic product at factor cost equals net domestic product at market prices : (a) Plus subsidies minus indirect taxes (b) Minus subsidies plus indirect taxes (c) Minus subsidies (d) Plus indirect taxes 9.Which plan has been extended up to both rural and urban areas? (a) Prime Minister Employment Scheme (b) Jawahar Rojgar Yojana (c) Nehru Rojgar Yojana (d) None of these 10.Which institution provides long-run finance to industries? (a) UTI (b) LIC (c) GIC (d) All of these 11.Which of the public sectors has completed 100 years of its establishment on December 21, 2011? (a) Central Bank of India (b) State Bank of India (c) Punjab National Bank (d) Bank of Baroda 12. National Income calculated at current prices has shown a tendency to rise at a faster rate than national income calculated at constant prices. This is because: (a) India’s population has been rising fast. (b) Planned expenditure has been increasing fast. (c) Statistical manipulation is employed by the planners. (d) General Price level has been rising fast. 13. The biggest commercial bank in India is the _____. (a) Reserve Bank of India (b) Industrial Development Bank of India (c) Exim Bank of India (d) State Bank of India 14.National Income of a nation is _______. (a) Government’s annual revenue (b) Sum total of factor incomes (c) Surplus of Public Sector Undertakings (d) Export minus import 15.The apex banking institution in India is the ______. (a) State Bank of India (b) Reserve Bank of India (c) Bank of India (d) United Western Bank of India. 16.Excise duties, which are the biggest source of revenue of the Union Government, are levied on : (a) Sale of goods (b) Production of goods (c) Consumption of goods (d) Resale of goods 17. N.N.P. is equal to : (a) G.N.P. + depreciation (b) G.N.P. + exports (c) G.N.P. – depreciation (d) G.N.P. – exports 18.Double counting means : (a) Counting a product more than once (b) Counting a product at different stages of output process (c) Counting both as product and payment (d) Counting both as ‘‘real flow’’ and as ‘‘money flow’’. 19.Which one of the following are the items for country planning? (a) Raising standard of living (b) Opportunities for work (c) Facilities for education (d) All of above 20.Which one of the following is not a method of estimating national income? (a) Product method (b) Export-Import (c) Income method (d) Expenditure method 21.Which one of the following banks has the largest number of branches? (a) Reserve Bank of India (b) State Bank of India (c) Central Bank of India (d) Union Bank of India 22.Which of the following measures cannot remove unemployment? (a) Population Control (b) Government Subsidies (c) Increase in production (d) Equitable distribution 23.Seasonal unemployment mainly refers to : (a) Private Sector Industry (b) Public Sector Industry (c) Agriculture (d) Banks 24.In which year, Reserve Bank of India was established? (a) 1934 (b) 1935 (c) 1939 (d) 1945 25.Which is the largest nationalised bank in India? (a) Punjab National Bank (b) State Bank of India (c) Bank of Baroda (d) Bank of India 26.Currently, what is the base year for calculating the GDP in India? (a) 2008—2009 (b) 2010—2011 (c) 2011—2012 (d) 2012—2013 27.The value of NNP at consumer point is : (a) NNP at Factor Cost (b) NNP at Market Price (c) GNP at Market Price (d) GNP at Factor Cost 28.Unemployment rate in India in 2015-16 is : (a) 3.7% (b) 4.1% (c) 5.2% (d) 2.9% 29.The govt. can collect funds from : (a) Taxes (b) Fees (c) Prices of Public Goods (d) All of the above 30.The national income estimation is responsibility of : (a) NSSO (b) CSO (c) Finance Ministry (d) National Income Committee 31.CRR is defined as : (a) The amount of funds that the banks have to keep with the RBI (b) The rate at which banks give loan to people (c) The rate at which Central Bank gives loan to banks (d) Minimum liquidity maintained by banks with themselves 32.What is the present bank rate in India? (a) 6.25% (b) 6.00% (c) 5.75% (d) 5.95% 33.The maximum amount of the total revenue earned by the government of India comes from: (a) Income Tax (b) Excise Duty (c) Customs Duty (d) Value Added Tax 34.In which type of unemployment do the marginal productivity of the worker is zero? (a) Disguised unemployment (b) Involuntary unemployment (c) Seasonal unemployment (d) Structural unemployment 35.The 14 major banks were nationalised by the government in : (a) 1967 (b) 1969 (c) 1962 (d) 1963 36.National income is a measure of : (a) The size of government revenue (b) Payments made to factors of production (c) Total increase in wages in a year (d) Total production of goods in a period 37.Swarnjayanti Gram Swarozgar Yojna was launched in : (a) 1999 (b) 2001 (c) 1995 (d) 2004 38.The net value of GDP after deducting depreciation from GDP is : (a) Net National Product (b) Net Domestic Product (c) Gross National Product (d) Disposable Income 39.To adjust from Net National Product to Gross National Product : (a) Add depreciation (b) Deduct Indirect Taxes (c) Add subsidies (d) Add Inflation 40.What type of Unemployment is found in the agriculture sector of India? (a) Disguised Unemployment (b) Voluntary Unemployment (c) Frictional Unemployment (d) None of the above 41.Employment Guarantee Scheme was started in the year. (a) 1972 (b) 1969 (c) 1970 (d) 1990 42. Which of these is not a function of central bank? (a) Accepting deposits of general public (b) Custodian of Foreign Exchange reserves (c) Banker's Bank (d) Currency Authority 43.This bank operates in public interest without any profit motive : (a) Canara Bank (b) Reserve Bank of India (c) State Bank of India (d) Allahabad Bank 44.Which account deposits can be withdrawn without any notice? (a) Saving (b) Current (c) Fixed (d) Recurring 45.Which of the following is not the function of the commercial bank? (a) Issue of paper notes (b) Acceptance of deposits (c) Advancing Loans (d) Credit control 46.Which programme gave the slogan of Garibi Hatao? (a) 4 th Five Year Plan (b) 3 rd Five Year Plan (c) 6 th Five Year Plan (d) 5 th Five Year Plan 47. -------- is the money value of all final goods and services produced by a country during the period of one year (a) National Income (b) Depreciation (c) Personal Income (d) Disposable income 48.The difference between Gross Domestic Product and Net Domestic Product equals to ––––– (a) Transfer Payment (b) Depreciation cost (c) Indirect taxes (d) Subsidies. 49.When some workers are temporarily out of work while changing job leads to ––––– unemployment. (a) Cyclical unemployment (b) Voluntary unemployment (c) Frictional unemployment (d) Seasonal unemployment. 50.Central Bank is not expected to perform the function of ––––––––– (a) Banker to the Government. (b) Accepting deposits from commercial banks. (c) Accepting deposits from general public. (d) Acting as a clearing house. 51.Which one from the following is qualitative control measure ––––––––– (a) Bank rate Policy (b) Open Market Operations (c) Reserve ratio requirement. (d) Margin requirements. 52.Which of the following is not an anti–inflationary measure ––––––––– (a) Rise in the bank rate. (b) Rationing of credit. (c) Raising the reserve ratio requirements. (d) Purchase of securities in the open market. 53.Which one of the following is not a function of the commercial Banks? (a) Provision of safe deposit facilities. (b) Provision of a cheque system for settling debts. (c) Lending to the Private and Public sectors. (d) Acting as a lender of last resort. 54.The most liquid asset, next to cash, which the banks possess, is ––––––––– (a) Advances to customers (b) Money at call (c) Treasury bills (d) Inland bills. 56.Scheduled Bank is that which is : (a) Nationalised (b) Not Nationalised (c) Based a Foreign Country (d) Included in the Second Schedule of RBI 57.Which of the following is not an importance of monetary policy? (a) Open market operations (b) Bank rate policy (c) Reserve ratio requirement (d) Government spending 58.RBI was Nationalised in : (a) 1959 (b) 1947 (c) 1945 (d) 1949 59.While issuing bill of exchange, banks earn through : (a) Interest (b) Dividend (c) Discount (d) None of the above 60.Due to introduction of new machinery, some workers tend to be replaced by machines, their unemployment is termed as : (a) Structural (b) Technological (c) Mechanical (d) Seasonal 61.Which of the following is a commercial bank? (a) UTI (b) IFCI (c) IBRD (d) SEBI 62.Net National Product at factor cost is : (a) Equal to national income (b) More than national income (c) Less than national income (d) Always more than the gross national product 63.The gap between total government expenditure and revenue receipt is : (a) Budget deficit (b) Fiscal deficit (c) Revenue deficit (d) Primary deficit 64.During inflation public expenditure should be : (a) Increased (b) Reduced (c) Diverted towards Social Welfare (d) Remain constant 65.For the issue of currency, the RBI follows : (a) Proportional Reserve System (b) Fixed Fiduciary System (c) Minimum Reserve System (d) None of these 66.Paper purchased by a publisher is : (a) Intermediate goods (b) Final goods (c) Consumer goods (d) Service 67.Employment Guarantee Scheme was introduced in the State of : (a) Karnataka (b) Maharashtra (c) Kerala (d) Orissa 68.Which of the following method is used to measure national income at factor cost? (a) Production method (b) Income method (c) Expenditure method (d) Final expenditure method 69.Indirect taxes are not made as part of national income because : (a) They influence the price (b) They are not factor income (c) They are income for the government (d) None of the above 70.What is the Cash Reserve Ratio (CRR)? (a) The fraction of the deposits that commercial banks lend to the customers (b) The fraction of the deposits that RBI must keep with commercial banks (c) The fraction of the deposits that commercial banks must keep with RBI (d) None of the above 71.RBI was established in the year : (a) 1935 (b) 1932 (c) 1940 (d) 1925 72.Banks create credit : (a) Out of nothing (b) On the basis of their security (c) On the basis of their total assets (d) On the basis of their cash deposits 73.The internal debt comprises : (a) Market borrowings (b) Treasury bills (c) Special securities issued to RBI (d) All the above 74.Nehru Rozgar Yojna was started to help : (a) Urban unemployment (b) Rural unemployment (c) Agricultural unemployment (d) Seasonal unemployment 75.Depreciation is the loss of value of : (a) Capital Assets (b) Stocks (c) Final Goods (d) Intermediate Goods 76.Which of the following is non-wage income? (a) Profit (b) Interest on capital (c) Rent on land (d) All of the above 77.For how many days NREGA provides employment? (a) 70 (b) 80 (c) 90 (d) 100 78.The type of unemployment mostly found in India can be characterised as : (a) Structural (b) Frictional (c) Cyclical (d) Disguised 79.Sale of second hand goods will not be comprised in the GDP because : (a) Second hand goods can be obtained at low price (b) These goods are useless (c) Both (a) and (b) (d) It is not a product of current year 80.Which one of the following statements is correct? (a) GNP includes depreciation (b) Value added includes transfer payment (c) Personal income includes undistributed profits (d) Disposable income includes personal taxes 81.Suppose both real GDP and prices double. We can conclude that nominal output will be: (a) More than doubled (b) Doubled (c) Rose by less than double (d) Did not increase 82.National Income estimates in India are prepared by: (a) Planning Commission (b) RBI (c) Finance Ministry (d) C.S.O. 83.Which one of the following measures does not include final goods and services? (a) GNP (b) NNP (c) Disposable Income (d) National Income 84.The smallest national income accounting aggregate is usually : (a) PI (b) GNP (c) DPI (d) NI 85.National Income calculated at current prices has shown a tendency to rise at a faster rate than national income calculated at constant prices. This is because: (a) India's population has been rising fast (b) Planned expenditure has been rising fast (c) Statistical manipulation are employed by the planners. (d) General Price level has been rising fast. 86.Which of the following measures cannot remove unemployment? (a) Population control (b) Government subsidies (c) Increase in production (d) Equitable distribution 87.The GNP gap is the gap between : (a) GNP and NNP (b) GNP and depreciation (c) GNP and GDP (d) Potential and actual GNP 88.When some workers are, temporarily out of work while changing jobs leads to unemployment? (a) Cyclical (b) Voluntary (c) Frictional (d) Seasonal 89.Which of the following is the function of Central Bank? (a) Acceptance of deposits (b) Monopoly over note issue (c) Advancing loan (d) Credit creation. 90.According to the latest amendment in Banking Regulation Act, nationalised bank can release a share of total paid up capital up to a maximum ceiling of : (a) 40% (b) 49% (c) 51% (d) 100% 91.The best method of computing national income is: (a) Product method (b) Income method (c) Expenditure method (d) Combination of income and production method. 92.The most liquid asset, next to cash, which the banks possess, is: (a) Advances to customers (b) Money at call (c) Treasury bill (d) Inland bill. 93.The food for work programme was subsumed in : (a) IRDP (b) MGNREGS (c) RLEP (d) JRY

Minorities , Scheduled Castes and Scheduled Tribes The Constitution makers provided for certain permanent and temporary provisions so as to bridge the gap between the conditions of the backward sections of the community and the entire nation . In an attempt to strengthen the democratic setup , these special provisions were incorporated so that the interest of minorities could be protected . Minorities are in reference to the numeric strength , sharing the same culture or language but not religion . Although , our Constitution does not define minority but uses it în context of linguistic and cultural minorities under Article 29 of the Constitution . The Minority Rights are protected under Fundamental Rights [ Under Article 14 , 15 , 16 , 29 ( 2 ) ] , Directive Principles and in matters of elections . Even though , Hindi is the national language of India and Article 351 provides a special directive upon the State to promote the spread of Hindi , nevertheless, the object cannot be achieved by any means that contravene the rights guaranteed by Article 29 or 30 . CULTURAL AND LINGUISTIC RIGHTS GUARANTEED The Constitution under Article 29 ( 1 ) gives the right to a linguistic , cultural minority to preserve their language , script or culture . This right granted under the vice of the Constitution is an absolute right . The State cannot impose any language or culture on such sections of citizens . Furthermore , Clause ( 2 ) affords protection to citizens against any discrimination on grounds of religion , race , caste , language during admission to any educational institution maintained by the State or receiving aid out of State funds . The protection under this clause is available to every citizen , whether in majority or minority . Article 15 ( 4 ) is an exception to this clause . Article 29.Protection of interests of minorities . ( 1 ) Any section of the citizens residing in the territory of India or any part there of having a distinct language , script or culture of its own shall have the right to conserve the same . ( 2 ) No citizen shall be denied admission intoany educational institution maintained by the State or receiving aid out of State funds ongrounds only of religion , race , caste , language or any of them . Under this Article ,protection to such linguistic or cultural minorities is provided so that any imposition of any language or culture other than their own . Thereby the State cannot deny to its citizensthe right to conserve their culture , language or script by implementing policies that nullify the effect of this right . RIGHT OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS Under Article 30 ( 1 ) minorities , being linguistic or religious , have the right to establish and administer educational institutions of their choice . This provision safeguards the interest of the minority from any State action , which denies them this right . Article 30. Right of minorities to establish and administer educational institutions .- ( 1 ) All minorities , whether based on religion or language , shall have the right to establish and administereducational institutions of their choice . ( 1A ) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority , referred to in clause ( 1 ) , the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause . ( 2 ) The State shall not , in granting aid to educational institutions , discriminate against any educational institution on the ground that it is under the management of a minority , whether based on religion or language . In the case of P.A Inamdar v . State of Maharashtra , the Supreme Court observed that the twin objects sought to be achieved by Article 30 ( 1 ) in the interest of minorities are : ( i ) to enable such minority to conserve its religion and language , and ( ii ) to give a thorough ,good general education to the children belonging to such minority . The two rights provided under Article 30 are : A. Right to establish an educational institution B. Right toadminister such institution However this right under Article 30 is not so absolute and cannot be such as to override the national interest or to prevent the government fromframing regulations in that behalf . However , the government regulations should not destroy the minority character of the institution or make the right to establish and administer a mere illusion . The regulations can be framed by the Government so as to ensure that the basic standard for imparting quality education is maintained and so as toprevent against maladministration . The employment of expressions 'right to establish and administer and educational institution of their choice' in Article 30 ( 1 ) gives the right wide amplitude . Therefore , a minority educational institution has a right to admit students of its own choice , it can , as a matter of its own freewill , admit students of non - minority community . However , non - minority students cannot be forced upon it . The only restriction on the freewill of the minority educational institution admitting students belonging to non - minority community is , as spelt out by Article 30 itself , that the manner and number of such admissions should not be violative of the minority character of the institution . The essence of Article 30 ( 1 ) is to ensure equal treatment between the majority and minority institutions . Clause ( 1A ) has been added by theConstitution ( Forty - Fourth Amendment ) Act , 1978 so as to ensure payment of an amount / compensation for compulsory acquisition of land belonging to a minoritycommunity . The result of inserting this provision is that it protects the interest of theminority community against any action which otherwise is violative of their right underArticle 30 . Clause ( 2 ) of Article 30 is a general provision stipulating that the State shall not discriminate against any educational institution on grounds that a religious or linguistic minority manages it . SCHEDULED CASTE AND SCHEDULED TRIBES Similar special provisions are incorporated for the Scheduled Caste ( SC ) and Scheduled Tribes ( ST ) in India . The people belonging to Scheduled Caste have sprung out of the oppressive caste system in the Hindu society , whereas the people belonging to Scheduled Tribes are the indigenous population practicing tribal ways . There is no concrete definition in theConstitution but the President has been given the power to bring out a list of SC and ST in consultation with the Governor of the State . However , it can only be varied by an Act of the Parliament . Furthermore , the Constitution provides special protection to these SC and ST under Article 15 and 16 among various other provisions . Special provisions are made in favour of the Scheduled Caste and Scheduled Tribe to ban any discrimination on grounds of sex , race , caste and the like . [ Article 15 ] Special provisions have been made under Article 335 whereby certain relaxations in qualifying marks in any examination or lowering the standards of evaluation , can be done for members of the Scheduled Castes and the Scheduled Tribes . [ Article 335 ] Certain protections have been given under Article 339 through which the President may at any time and shall, at the expiration of ten years from the commencement of this Constitution by order appoint a Commission to report on the administration of the Scheduled Areas and the welfare of the Scheduled Tribes in the States . Furthermore, the executive of the Union extends to the giving of directions to a State as to the drawing up and execution ofschemes specified in the direction to be essential for the welfare of the Scheduled Tribes in the State . [ Article 339 ] power The State can make any law imposing reasonable restrictions on the exercise of any of the right under Article 19 in the interests of the general public or for the protection of the interests of any Scheduled Tribes .

Rise of Maratha Power Shivaji's Early Life Shivaji was born on 20 April 1627. His father's name was Shahji Bhonsle and his mother's name was Jijabai. Shahaji Bhonsle played a very important role in the politics of Ahmednagar and Bijapur. Jijabai was the daughter of Jadhav Rao, the greatest Maratha Jagirdar of his time and a descendant of the Yadav rulers of Dogiri. Shivaji's mother exerted a tremendous influence on her son. She was a very pious woman and did much to mold the character of her son. He taught his son the stories of Ramayana and Mahabharata and the heroic deeds of Hindu warriors in the past. Dadaji Kondadev also played an important role in the life of Shivaji. He was the administrator of the Estates of Shivaji's father in Poona. The administrator loved Shivaji as his son . He gave him training in the art of riding, fighting, etc. He also taught him the art of administration, Both Ram Das and Tukaram had their influence on the life of Shivaji. Ram Das was virtually regarded by Shivaji as his Guru or spiritual guide or philosopher. The Guru Mantra or the sacred formula which Ram Das whispered into the ears of Shivaji was the love of his country and nation. Shivaji started his career of conquests and progress at the early age of 19. Shivaji,s Administrative System In theory, Shivaji was an autocrat, like his contemporaries. He could do what he pleased. However, he was assisted by a Council of 8 ministers known as the Ashta Pradhan. It is absolutely misleading to any that Ashta Pradhan was like a modern cabinet. Its functions were purely advisory. The eight ministers were the following: ( 1 ) The Peshwa or Prime Minister whose duty was to look after the general welfare and interests of the state . ( 2 ) The Amatya or Finance Minister whose duty was to check and countersign all public accounts of the Kingdom in general and the particular districts . ( 3 ) The Mantri or Chronicler whose duty was to keep a diary of the daily doings of the King and also record everything that happened at the court . He was also called Wakia - Nawis . ( 4 ) Summant or Dabir or Foreign Secretary whose duty was to advise the King on matters relating to foreign states and all questions of war and peace . He was also to see foreign Ambassadors and envoys and keep touch with the state of affairs in other states . (5)Sachiv or Shuru Nav or Home Secretary whose duty was to look after the correspondence of the King . He was to see that all royal letters and dispatches were drafted in the proper style . He had the authority to revise them . He also checked the account of the Parganas . (6)Pandit Rao or Danadhyaksha or Sadar and Muhtasib or Ecclesiastical Head whose duty was to fix dates for religious ceremonies , punish hearsay and distribute among the Brahmins the charity of the King . He was the judge of canon law and censor of public morals . ( 7 ) Nyayadhish or Chief Justice who was responsible for civil and military justice . ( 8 ) Senapati or Sari Naubat or Commander - in - Chief who was in charge of the recruitment, organization and discipline of the Army . He arranged disposition of the troops in the battlefield. It is to be noted that with the exception of the Nyayadhish and Pandit Rao , all other ministers were required to command armies and lead expeditions . All royal letters , charters and treaties had to bear the seal of the King and the Peshwa and the endorsement of the next four ministers . Local Government :- Shivaji divided his kingdom into four provinces and a Viceroy was appointed for each. The provinces were divided into a number of Prants. The system of granting Jagirs was abolished and Shivaji started the system of paying the officers in cash. Even when the revenues of a particular place were assigned to any official, his only concern was with the money and he had no control over the people. It was laid down that no office was to be hereditary. Army Shivaji was a military genius and no wonder he took pains to put the army on an efficient footing . It was the practice of the Marathas to work for half the year upon their field and to spend the dry season in the saddle on active service . Such a system was considered to be defective by Shivaji and he introduced the system of keeping a regular standing army . During the rainy season , it was provided with quarters and the soldiers were given regular salaries for the whole year . Both Hindus and Muslims were recruited in the army without any distinction . Soldiers we paid in cash and had full confidence in their leaders . Those soldiers who showed bravery , were rewarded . Shivaji was able to attract a large number of persons from different parts of the country on account of his appreciation of worth . Fiscal System Shivaji abolished the system of taxing of farmers . A direct arrangement was made by the Government with cultivators . The land was carefully surveyed with the help of a measuring rod or Kathi . The share of the state was fixed at 30 % of the produce but later on it was increased to 40 % when other taxes were abolished . The cultivator was allowed to pay in cash or in kind according to his sweet will . The amount money to be paid was fixed and consequently there was not much chance of their oppression . The state encourged agriculture . In time of famine , the Government advanced money and grain to the cultivators which were to be paid back in instalments later on . It is admitted that Shivaji was very strict in the matter of realisation of land revenue so that much discretion may not be left in the hands of the officers for oppression or favouritism . Shivaji started the system of Chauth and Sardeshmukhi . Justice The administration of justice was of a primitive nature . No regular courts were set up and no regular procedure was laid down . The Panchayats continued to decide disputes in the villages . The system of ordeals was common . Criminal cases were tried by the Patels . Appeals in both civil and criminal cases were heard by the Nyayadhish who was guided by the Smritis . Hazir Majlis was the final Court of appeal . Maratha Administration Under Peshwas The contemporary Maratha administration of Peshwa was based on Hindu Shastras , Muslim laws , reforms made by Shivaji himself and his successors and amendments done by Peshwas . Thus the mixture of many features . The system of Peshwas administration of Peshwa was main and permanent . The main features of this were as given below : Haloor Office Or Central Ministry : the central ministry of marathas was called office and it was situated Maratha Administration Under Peshwas The Central ministry of Marathas was called office and it was situated at Poona . It had many departments and the circle of his works was big . Its works were to keep account of all states , to discuss the salaries , appointments and rights of officers etc. It had a daily account book in which all types of help , taxes sent by provinces , and state - revenue got from foreign - sources were recorded . All accounts were destroyed due to anarchy at the time of Baji Rao .. Gram ( Village ) : The smallest unit of administration was gram . The chief of village was called Patel . This post was honorary and hereditary . He was helped by an officer called Kulkami who was always Brahmin and his duty was only to write accounts . There were twelve gram - sevak ( Barah - Baluth ) to fulfil the social and personal needs of village and these were paid on portion of the production of the village . There was also a system of taking forced labour from carpenters , black smiths and craftsmen . Subas And Paragnas : The whole country was divided into ' Subas ' and ' Paraganas ' . The officer of Suba was called ' Mamlatdar ' and the officer of Pargana was called ' Kam Vistar ' . Peshwa ministry had control over all Kam Vistars except those of Khandesh , Gujarat and Karnataka . These officers had all departments of provincial government . Theoretically , the accounts of Mamlatdars were accepted only when they were checked with account of local gram officers . At the time of appointment , Mamlatdars and other officers had to pay a big amount of security . The budget of the province was made by Hajoor officer . In the reign of Peshwa Baji Rao II , the posts of Mamlatdar etc. were being sold . Justice : The Judiciary system during Peshwas reign was not satisfactory . There was lack of laws . Generally , the disputes were ended and both the quarrelling parties were joined . The judgment of the dispute was made by a mediator . When his decision was not considered correct , the case would go in Panchayat . The Panchayat was appointed by Patel of the village . His decision might be appealed to Mamlatdar . The criminal cases were also listened in this way . But the supreme justice of criminal cases was Peshwa . After him , Subedar in Suba , Mamlatdar in district and Patel in village would listen the cases . The justice was based on justice - wisdom . The accused was treated hard to confess ; the guilt . After 1761 A.D. , a system started by which there were two methods of giving capital punishment to accused of theft , loot , murder and conspiracy - cut the body into pieces by the sword or crush the skull . Brahmins were punished by drinking poison , or doing fast . The king might leave the accused or might punish him . Police System : There were ' Chaukidars ' in every village who were under control of Patel . One Chaukidar was appointed under Patel and he was helped by the person of criminal party . Thus , the policy of catching a thief by a thief was followed . This police system was unsatisfactory . Many Sardars of dacoits got salary from the state for the police work but Inspite of catching the guilty men they themselves looted the people . There was no means of security of innocent people . Kotwal was given the right of justice and police . Military Organisation : The army was of two types- ( i ) of Peshwas ( ii ) of Sardars . The national feeling of army was lost gradually . The Paidal army was of persons living in North India . The artillery was in the hands of Portuguese and Indian Christians . Financial Progress And Public Welfare Works : In the reign of Peshwas no importance was given to the financial progress , prosperity , and welfare works of the people . A few works of public welfare were done during their reign . They also did not do anything for the expansion of education and practical progress . Means Of Income : The income of the state was mainly from Chauth and Sardeshmukhi . The agricultural villages were imposed revenue according to the production . Many officers were appointed for the recovery of the revenue . After recovery , the money was sent to an officer called Kamavistar . The revenue was deposited in 3 or 4 installments . Besides these , the income of the state was from house tax , collected land - tax , animal tax , meadow- tax , widow - marriage tax , agriculture tax of water - melon etc. heir - tax , sales - tax etc. When the guns were used in the battle of Karnataka between the French and the English , Marathas founded a department in Puna for the production of guns . Its observer and organiser was Brahmin Sardar Panse . It could not succeed due to lack of scientific knowledge . First time , in the battle of Panipat , Marathas used guns under the leadership of Ibrahim Khan Gardi after leaving the policy of Gorrilla war . The cause of failure in the Battle of Panipat was not the change in war policy but was other causes . But after this war , the old war system ended . Mahadji Sindhia was much influenced by English soldier and their war - policy . So , Mahadaji decided to organise his army in European manner . Due to weakness of his successor Daulat Rao , Maratha army could not be organised after getting training from French , Lack Of Organisation : The main cause of Marathas fall was lack of organisation . There was completely lack of organisation among Marathas inevery matter of government and attack department against enemy . There was no unity of orders , division of power and work , system or laws among them . Every person liked to work separately . This was national weakness which was kept under control for some time by Shivaji and Baji Rao. Indian had always weakness of not paying attention to thoughts . Rajputs had to be defeated by Mohammad Ghori and Ghaznavi due to this reason . On account of this Ala - ud - din , Babur and Akbar scattered Hindu army in a moment .

PUBLIC INTEREST LITIGATION The Public Interest Litigation means a legal action initiated in a court of Law for the enforcement of public interest or general interest in which the public or a class of the community has pecuniary interest or some interest by which their legal rights or liabilities are affected . The concept of Public Interest Litigation has its roots in " public interest " which finds place in the Constitution of India and in many enactments . This expression in considered by the Supreme Court in various decisions . Guidelines on PIL In State of Uttaranchal v . Balwant Singh Chaufal , 2010 AIR SCW 1029 the Supreme Court considered the evolution of the Public Interest Litigation in India and in order to preserve the purity and sanctity of the PIL laid down the following guidelines : ( 1 ) The Courts must encourage genuine and bona fide PIL and effectively discourage and crush the PIL filed for extraneous considerations . ( 2 ) Instead of every individual Judge devising his own procedure for dealing with the PIL , it would be appropriate for each High Court to properly formulate rules for encouraging and discouraging the PIL filed with oblique motives . Consequently , the Supreme Court requests the High Courts which have not framed the rules , should frame the rules within three months . The Registrar General of each High Court is directed to ensure that a copy of the Rules prepared by the High Court is sent to the Secretary - General of the Supreme Court immediately thereafter . ( 3 ) The Courts should prima facie verify the credentials of the petitions before entertaining a PIL ( 4 ) The Courts should be prima facie satisfied regarding the correctness of the contents of the petition before entertaining a PIL . ( 5 ) The Courts should be fully satisfied that substantial public interest is involved before entertaining the petition . ( 6 ) The Courts should ensure that the petition which involves larger public interest , gravity and urgency must be given priority over other petitions . ( 7 ) The Courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury . The Courts should also ensure that there is no personal gain , private motive or oblique motive behind filing the PIL .. ( 8 ) The Courts should also ensure that the petitions filed by busy bodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations . Important Definitions " Public interest " means an act beneficial to the general public . It means action necessarily taken for public purpose . It is intended to bring justice within the reach of the poor masses . " Locus Standi " is the right of a party to appear and be heard on the question before any tribunal , frequently disputed in private bill legislation . Social Justice and PIL Law derives legitimacy from justice and its sanction from the community . The people make law and obey it , if provision of our Constitution . Although the social justice was sworn to be given to the People of India when the Constitution was framed , but the masses of have - nots , the handicapped and many others have not been given even a fraction of this social justice . They do not enjoy the same basic human rights enjoyed by the fortunate f be equal access to law to the poor and deprived sections of the society unhindered by technical rules of procedure are not denied to any citizen by reasons of any economic or other disabilities . Article 39A of the Constitution imposes a duty on the State to ensure that opportunities for securing pat Strict rules of pleading may not apply in PIL , but there must be sufficient material in the petition on the b The PIL litigant has to lay a factual foundation for his averments on the basis of which such a person claim or the traditional concept of the judiciary . Analysis of the Court stric rule of pleading may not applyin PIL ,but there must be sufficient material in the petition on the basis of which the court may proceed . Information furnished by him should not be vague and indefinite . Proper pleadings are necessary to meet the requirements of the principles of natural justice . Even in PIL the litigant cannot approach the Court to have a fishing or roving enquiry . He cannot claim to have a chance to establish his claim . . However , the technicalities of the rules of pleading cannot be made applicable vigorously . Pleadings prepared by a layman must be construed generally as he lacks standard of accuracy and precision particularly when a legal wrong is caused to a determinate class . Admitting a PIL In admitting PILs the Court must strike a balance between two conflicting interests : ( 1 ) nobody should indulge in wild and reckless allegation besmirching the character of others - properly and strictly regulated , PIL becomes a tool in unscrupulous hands to release vendetta and w vengeance . There may be cases where appointments made to public office are challenged to malign not only an incumbent to be in office but dedemoralize aeven agreeingnd deter reasonable or sensible and prudent people evenagreeing to accept highly sensitive and responsible offices for fear of being brought into disrepute with baseless allegations ; and ( ii ) avoidance of pubic mischief and to avoid mischievous petitions filed for oblique motives , justifiable executive actions . The Court should not be liberal in such cases and it should be extremely careful to see that under the guise of redressing a public grievance , it should not encroach upon the sphere reserved by the Constitution to the Executive and the Legislature . Before admitting a PIL , the Court must be satisfied about the following : ( a ) the credentials of the applicant ; ( b ) the prima facie correctness or nature of information given by him ; and ( c ) the information being not vague and indefinite ; ( d ) the information should show gravity and seriousness involved ; ( e ) there must be real and genuine interest involved in the litigation concrete or credible basis for maintaining a cause before Court and not merely an adventure born out of wishful thinking of anf unscrupulous person ; moiting ( f ) the credibility of such claims or litigations should be adjudged on the creditworthiness of the material averred and not on the credentials claimed of the person moving the courts in such cases ; ( g ) too much authenticity or credibility should not be given to any information or fact merely because it was published in a newspaper or journal or magazine or any other form of communication . The newspaper reports per se do not constitute legally acceptable evidence ( h ) in PILs generally official documents are being attached without even indicating as to how the petitioner petitions in such cases but should also impose exemplary costs due to the following reasons : came to possess them . Frivolous pleas are given to explain possession . The Court not only dismiss the ( i ) it prima facie gives impression about oblique motives involved ; and ( ii ) in most cases it shows proxy litigation . (i) where the petitioner does not have even a remote link with the issues involved , the Court must lift the veil and uncover the real purpose of the petition and the real person behind it ; the rule has been restated by the Supreme Court as under : ( i ) A person acting bona fide and having sufficient interest in the proceedings of PIL alone have a locus standi and can approach the court : ( a ) to wipe - out violation of fundamental rights ; and ( b ) genuine infraction of statutory provisions , but not for : ( a ) personal gain ; or ( b ) private profit ; or ( c ) political motive ; or ( d ) any oblique consideration . ( ii ) A writ - petitioner who comes to the Court for relief in public interest must come not only with clean hands like any other writ - petitioner but also with a clean heart , clean mind and clean objective . ( iii ) The Court must not allow its process to be abused for oblique considerations by masked phantoms who monitor at times from behind . ( iv ) Some people with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives and try to bargain for a good as well to enrich themselves . They are often actuated by a desire to win notoriety or cheap popularity . The Court must throw out the petitions of such busy bodies at the threshold . In appropriate cases , the exemplary costs should also be imposed . To keep a check on frivolous letters / petitions some guidelines have been evolved and circulated by the Supreme Court , in the light of which a cell has been constituted which scrutinises the letters or the petitions ceived as to whether they fall in the category of PIL or not . If the cell comes to the conclusion that the subject matter is not covered by the guidelines it will then not be entertained as PIL . The guidelines as provided are given below : Matters which can be entertained as PIL : ( 1 ) Bonded Labour matters ; ( 2 ) Neglected children ; ( 3 ) Non - payment of minimum wages to workers and exploitation of casual workers and complaints of violation of labour laws ( Except in individual cases ) ; ( 4 ) Petitions from jails complaining of harassment , for premature release and seeking release after having completed 14 years in jail , death in jail , released on personal bond , speedy trial as a right ; ( 5 ) Petitions against police for refusing to register a case , harassment by police and death in police custody ; ( 6 ) Petitions against atrocities on women , in particular harassment of bride , bride burning , rape , murder , kidnapping , etc .; (7) Petitions complaining of harassment or torture of villagers by co - villagers or by police from persons belonging to Scheduled Castes and Scheduled Tribes and economically backward classes ; (8) Petitions pertaining to environmental pollution , disturbance of ecological balance , drugs , food adulteration , maintenance of heritage and culture , antiques , forest and wildlife and other matters of public importance ; (9) Petitions from riot - victims ; (10) Family pension . " Matters which are not to be entertained as PIL : ( 1 ) Landlord - tenant matters ; ( 2 ) Service matter and those pertaining to Pension and Gratuity ; ( 3 ) Complaints against Central / State Government Departments and Local Bodies except those relat Item Nos . 1 to 10 above ; ( 4 ) Administration of medical and other educational institutions ; ( 5 ) Petitions for early hearing of cases pending in High Court and Subordinate Courts " .

CONCEPT OF STATE AND GOVERNMENT IN ANCIENT INDIA India is a federal state with a parliamentary form of government. It is governed under the 1949 constitution (effective since Jan., 1950). The president of India, who is head of state, is elected for a five-year term by the elected members of the federal and state parliaments; there are no term limits. The kingdom of Magadha, ruled by Bimbisara, is the most powerful state in India. The Indian epic the Ramayana is composed by the sage Valmiki. The life of Siddhartha Gautama according to modern scholar consensus. Life of Indian Emperor Chandragupta, first ruler of the Mauryan Empire. The three theories of origin of state in ancient India are as follows: 1. Social Contract Theory 2. Divine Origin Theory 3. Organic Theory. The core issues in the study of political science are the state and the government. The institution of state is studied in relation to its origin, nature, aims and functions of the state in ancient India. The dawn of civilization was stated to have marked the beginning of the origin of state. The state in ancient India was considered necessary, for it ensures peace, order and happiness. It was a social organization with political power. However, ancient scholars were not unanimous in their opinion with regard to the origin of the state. According to some, state was the outcome of a contract mainly political in nature between the rulers and the ruled. They opine that prior to the origin of state there was something called a golden age, wherein the people enjoyed a life of peace, order, self-discipline and happiness. Similarly, several theories like force theory, patriarchal theory, matriarchal theory, divine origin theory and finally the evolutionary theory advanced the origin of the state. Social Contract Theory: The social contract theory, one of the common theories of the origin of state, believes that state is a result of a contract between the king and his subjects or representatives. The king, thus appointed, was expected to save the state and the subjects from external aggression and establish order and security within the state. However, the earliest Vedic works never stated that state was the result of a contract. But, they clarified that king was elected to wage a successful war against the demons. Divine Theory: The Divine theory of origin of kingship as well as the state was not widely acclaimed in the ancient Indian polity. The emperor, according to this theory, was a subordinate to law, which was made by the community and not him. The society as a whole was given greater importance than the king. The king was not allowed to act indiscriminately and was expected to act as a father to his subjects, and treat them with affection and kind­ness[35]. The Divine theory holds the vision that state is like an organism and that each department has a specific function to perform. The theory believes that the healthy functioning of the whole organism depends upon the healthy conditions of each part of the body or organism and its efficient performance. The seven parts of the body, that is, state are the king or the sovereign, the minister, the territory and population, the fortified city or the capital, the treasury, the army, the friends and the allies. Among all the seven elements or parts, it is the king who is most important. It was also stated in Manusamhita that ‘when the world was not without a king and dispersed in fear in all directions, the lord created a king for the protection of all. And because, he’s formed of fragments of all those gods, the king surpasses all other beings in splendor’. Organic Theory: Organic theory deals the view that state is like an organism and that each department has a definite role to execute. The theory deals that the healthy functioning of the whole organism depends upon the healthy conditions of each part of the body or organism and its efficient functioning. The seven parts of the body, likes state are the king or the sovereign, the minister, the territory and population, the fortified city or the capital, the treasury, the army, the friends and the allies. Among all the seven elements or parts, it is the king who is most significant.

COMPANY LAW - Short Notes www.lawtool.net introduction In the commercial world today, company law is more relevant than any other law. This is an easily understandable topic for law students. It opens up new perspectives and horizons for him; This enables him to appreciate the fundamentals of the subject from a legal and juridical point of view; This places him in a critical position, when the opportunity presents itself for companies to offer their services, to be equipped with materials and resources that may be absent in others, without 'law qualification'. enter. The proliferation of companies (private and public) in the last four decades has led to the demand for skilled and qualified legal advisors to guide the executives running the companies. The omission or contravention of the provisions of the Companies Act attracts not only fines but also criminal prosecution. According to our Constitution, the Parliament alone has the legislative "capacity" to make laws in the Companies Act and its affairs. Public companies are tied up with a number of grand formalities for non-compliance with attendant punitive consequences. The reason for this appears to be the 'public money' involved. Private companies are largely spared as there is no public funding involved; Otherwise the central government. Who else should bow down to this invisible hand to protect and secure public investment? Major cases like Foss Vs. Horbottle, Cook Vs. Deek, Arlanger Vs. New Sombrero Phosphate Co. Ltd. Shantiprasad Jain Vs. Kalinga Tubes Ltd., R.V. Kylesant, Ashbury Railway Carriage Co. Vs. Rich, in addition to the frequently cited Solomon Vs. Solomon & Company, and Denny V. Peak, decided by the courts, has shown how difficult and complex the problems are. The subject is evolving very rapidly to the extent of escaping the grasp of experts; Dozens are being amended and our Supreme Court has to add several judgments. However, the basic principles have remained the same. It is on the specialization of these principles that a sincere effort must first be made by the students. Keep company with company law, it will give you money and status:

1 . The Section 12 of Hindu Maintenance and Adoption Act , 1956 deals with ( A ) Rights of adoptive parents to dispose of their properties ( B ) Effects of adoption. ( C ) Presumption as to the document relating to adoption ( D ) Cancellation of adoption. 2.Which of the following categories of cases will not be entertained as Public Interest Litigation ( PIL ) ? ( A ) Family Pension ( B ) Petitions from riot victims ( C ) Neglected Children ( D ) Landlord - Tenant matter 3. Who is known as Father of Public Interest Litigation in India ? (A) Justice A. N. Ray (B) Justice Y. V. Chandrachud (C) Justice R. S. Pathak (D) Justice P. N. Bhagwati 4. Which of the following is not a real purpose of Public Interest Litigation ? ( A ) Vindication of the rule of law ( B ) Facilitate effective access to Justice ( C ) Meaningful realization of Fundamental Rights ( D ) Getting famous and making wealth 5.In Hussainara Khatoon V. State of Bihar , ( A ) Right to Speedy Justice ( B )Right to Clean Environment ( C ) Right to Free Legal Aid ( D ) None of these 6.Which of the following writ can be issued against usurpation of public office ? (A)Writ of Mandamus (B) Writ of Certiorari (C) Writ of Quo Warranto (D)Writ of Prohibition 7.Ridge V. Baldwin's case deals with ( A ) Corporation ( B ) Natural Justice ( C )State Liability ( D ) Delegated Legislation. 8.Meaning of " Audi alteram partem " : ( A ) A person cannot be condemned without being heard ( B ) An adjudicating authority must give a speaking order ( C ) No man can be a judge in his own case ( D ) No one should fear the courts . 9.Rules made by Bar Council of India in exercising its rule-making power under…….. ( A ) The Advocates Act , 1951 ( B ) The Advocates Act , 1964 ( C ) The Advocates Act , 1961 ( D )The Advocates Act , 1954 . 10.Which one of the following is not a ground of divorce in the Hindu Marriage Act ( A ) Mental Disorder ( B ) Venereal Disease in communicable form ( C ) Incurable Unsound Mind ( D ) Living separately for less than three months . 11.Indian Christians can obtain divorce under which of the following enactments ? ( A ) Special Marriage Act , 1954 ( B ) Christian Marriage Act , 1872 ( C ) Indian Divorce Act , 1869 ( D ) Special Marriage Act , 1872 12. If any advocate is aggrieved by an order of Disciplinary Committee of State Bar Cou made under Section 35 of the Advocate Act or Advocate General of the State may prefera appeal to the Bar Council of India within......... days of the date of communication of or ( A ) 30 ( B ) 45 ( C ) 60 ( D ) 90 13.ABC Private Limited Company choose to convert itself into a Public Company . It can d by altering its Memorandum of Association and Articles of Association and by pass ( A ) Ordinary Resolution ( B ) Special Resolution ( C ) Board Resolution ( D ) None Of These 14. " Doctrine of lifting of or piercing the corporate veil " is associated with ( A ) Labour Law ( C ) Banking Law ( B ) Company Law ( D ) Service law 15. Under which Section of The Environment ( Protection ) Act . 1986. an appeal to Nation Green Tribunal ( NGT ) lies ? ( A ) Section 4A ( B ) Section 5A ( C ) Section 6A ( D ) Section 7A 16. Which one of the following Fundamental Duties relates to Environmental Protection ? ( A ) Article 51A (b) ( B) Article 51A (g) ( C ) Article 51A ( j ) ( D ) Article 51A ( k ) 17. Mr. A who was aggrieved by an order made by Controller or an adjudicating officer . ms : an appeal to Cyber Appellate Tribunal . Later Mr. A aggrieved by an order of Cyber Appella Tribunal , may prefer an appeal ( A ) In any District Court ( B ) In Higher Tribunal ( C ) Only in High Court ( D ) Only in Supreme Court 18. Mr. X. a person who is intended by Mr. Y an originator to receive the electronic record is under the IT Act , known as ( A ) Intermediary ( B ) Originators Agent ( C ) Addressee ( D ) Key Holder 19. The minimum number of members required for registration of a trade union is ( A ) 2 ( B ) 3 ( C ) 5 ( D ) 7 20. The text of the Certified Standing Orders shall be prominently posted by the employer i and in the language understood by the majority of his workmen ( A ) Hindi ( B ) English ( C ) Devanagari Script ( D ) Language specified in 8th Schedule of the Constitution 21. An advocate may , while practicing , take up teaching of Law in any educational institution which is affiliated to a University , so long as the hours during which he is so engaged in the hours in a day . teaching of Law do not exceed ( A ) 5 ( B ) 3 ( C ) 2 ( D ) 4 22. In which of the following landmark case the advocate was held guilty of professional misconduct as he had forged the court order ? ( A ) Pratap Narain V. Y. P. Raheja ( B ) Vikramaditya V. Smt . Jamila Khatoon ( C ) Babulal Jain V. Subhash Jain ( D ) Smt . P. Pankajam V. B. H. Chandrashekhar 23. Suppose road accident occurs , then being an Advocate what is the correct way of approaching the situation ? ( A ) FIR > Petition > Summon to Insurance Company ( B ) Petition > FIR > Summon to Insurance Company , ( C ) Summon to Insurance Company > Petition > FIR ( D ) FIR > Summon to Insurance Company > Petition 24. The principle of " Ubi jus ibi idem remedium " was recognized in (A) Winterbottom V. Wright (B) Chapman V. Pickersgill (C) Ashby V. White (D) Rylands V. Fletcher 25. Gloucester Grammar School Case is a landmark ( A ) Damnum sine injuria (B) Injuria sine damnum ( C ) Volenti non fit injuria ( D ) Audi alteram partem 26 .The National Consumer Disputes Redressal Commission under Consumer Protection Act , 2019 shall have the jurisdiction to complaints where the value of the goods or services paid as consideration exceeds ? ( A ) 1 Crore ( B ) 10 Crores ( C ) 50 Crores ( D ) 100 Crores 27. Under Section 41 of Consumer Protection Act , 2019 an appeal from the order of District Commission lies to .............. ( A ) State Commission ( B ) Consumer Tribunal ( C ) National Commission ( D ) High Court 28. For an individual to be deemed to be resident in India in any previous year one of the condition is : ( A ) If he is in India for a period of 182 days or more during the previous year . ( B ) If he is in India for a period of 180 days or more during the previous year . ( C ) If he is in India for a period of 181 days or more during the previous year . ( D ) If he is in India for a period of 360 days or more during the previous year . 29. Mr. Kapoor purchased a residential house in January , 2021 for 80,00,000 . He sold the house in April , 2022 for 94,00,000 . In this case the gain of 14,00,000 arising on account of sale of residential house will be charged to tax under which of the following head ? ( A ) Income from capital gains ( B ) Income from house property ( C ) Income from profits and gains from business or profession ( D ) Income from other sources 30. A person who has ultimate control over the affairs of the factory under Factories Act , 1948 is called as ( A ) Occupier ( C ) Chairman ( B ) Managing Director ( D ) Manager 31. If the factory employs more than 1000 workers , they should appoint qualified carry out the prescribed duties . ( A ) Safety officer ( C ) Development officer ( B ) Welfare officer ( D ) None of these 32. B , the proprietor of a newspaper , publishes at A's request , a libel upon C in the paper , and A agrees to indemnify B against the consequences of the publication , and all costs and damages of any action in respect thereof . B is sued by C and has to pay damages , and also incurs expenses . Decide in the light of the Section 224 of the Indian Contract Act , 1872 . ( A ) A is not liable to B upon indemnity . ( B ) A is liable to B upon indemnity . ( C ) A is not liable to C upon indemnity . ( D ) None of these 33. A person whom the agent names to act for the principal in express or implied authority to name , is called ( A ) Sub - agent ( B ) Substituted Agent ( C ) Agent ( D ) Procured Agent 34 . A injunction can only be granted by the decree made at the hearing and upon the merits of the suit ; the defendant is thereby perpetually enjoined from , the assertion of a right . or from the commission of an act , which could be contrary to the rights of the plaintiff . ( A ) Temporary ( B ) Perpetual ( C ) Both Temporary and Perpetual ( D ) None of these 35. According to Section 5 of Specific Relief Act , 1963 a person entitled to the possession of specific immovable property may recover it in the manner provided…………. ( A ) The Specific Relief Act , 1963 ( B ) The Code of Civil Procedure , 1908 ( C ) The Code of Criminal Procedure , 1973 ( D ) The Transfer of Property Act , 1882 Where the mortgagor 36. where the mortgagor delivers possession of the mortgaged property to the mortgagee , and authorises him to retain such possession until payment of the mortgage - money , and to receive the rents and profits accruing from the property in lieu of interest , or in payment of the mortgage - money , the transaction is called an mortgage . ( A ) Conditional ( B ) English ( C ) Simple ( D ) Usufructuary 37. Mr. Manjot is a trader supplying goods from his M / s Singh Traders . The office of the firm is located in Delhi whereas its godowns are located in the State of Uttar Pradesh , Punjab and Jammu & Kashmir ( J & K ) respectively . M / s Singh Traders made following intra - state supplies from different States during the current financial year : ( i ) Delhi - Taxable Supplies : 21,00,000 ( ii ) Punjab - Exempted Supplies : * 6,00,000 ( iii ) Uttar Pradesh- Taxable and Exempted Supplies : 3.00.000 each respectively . ( iv ) J & K - Taxable and Exempted Supplies : 8,00,000 and 3,00,000 respectively . Ascertain the States in which Mr. Manjot is required to take registration under GST . ( A ) Delhi , Punjab , Uttar Pradesh and J & K ( B ) Delhi , Uttar Pradesh and J & K ( C ) Delhi and Uttar Pradesh ( D ) Delhi 38. The primary GST slabs for any regular taxpayers are presently pegged at ( A ) 0 % , 5 % , 12 % , 18 % , 26 % ( B ) 0 % , 6 % , 12 % , 18 % , 28 % ( C ) 0 % , 5 % , 12 % , 18 % , 28 % ( D ) 0 % , 5 % , 12 % , 16 % , 28 % 39. Which of the following is not a Negotiable Instrument as defined under The Negotia Instrument Act , 1881 ? ( A ) Promissory Note ( B ) bill of exchange ( C ) Cheque ( D ) Billing receipt 40. According to Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act , 2013 appropriate Government can acquire the land which of the following purposes ? 1 . for strategic purposes relating to naval , military , air force , and armed forces of Union 2.project for water harvesting and water conservation structures , sanitation 3.project for project affected families 4.project for sports , health care , tourism , transportation or space programme (A) 1.2 and 3 ( B ) 2.3 and 4 ( C ) 1 , 2 and 4 ( D ) 1,2,3 and 4 41.Specified person ' under Right to Fair Compensation and Transparency in Lag Acquisition . Rehabilitation and Resettlement Act . 2013 means any person other than ........... ( A ) appropriate Government ( B ) Government company ( C ) association of persons or trust or society wholly or partially aided by the appropriat ; Government or controlled by the appropriate Government ( D ) All of these 42.Who shall be the Registrar of Trade Marks for the purposes of Trade Marks Act , 1999 ? ( A ) Controller - General of Patents , Designs and Trade Marks ( B ) Controller - General of Copyright , Designs and Trade Marks ( C ) Director - General of Patents , Designs and Trade Marks ( D ) Director - General of Copyright , Designs and Trade Marks 43. Which one of the following is not a type / s of IPR ? ( A ) Copyright ( B ) Patents ( D ) Historical Indications ( C ) Designs 44. In which of the following cases it was decided that a contract with minor is void ? (A) Carlill V. Carbolic Smokes Ball Co (B) Chinnaih V. Ramaiah (C) Mohori Bibee V. Dharmodas Ghose (D) Harvey V. Facey 45. Which of the following is / are CORRECT with respect to " Declaratory Decrees " under The Specific Relief Act , 1963 ? (A) Section 34 of the said Act deals with it . (B)It is discretionary in nature . (C)Both . ( Section 34 of the said Act deals with it ) and ( It is discretionary in nature ) (D)None of these 46. By which of the following Amendment Act of 1985 , Anti Defection Law was added in the Constitution of India ? ( A ) 51st Constitutional Amendment ( B ) 52nd Constitutional Amendment ( C ) 53rd Constitutional Amendment ( D ) 54th Constitutional Amendment 47. In which one of the following cases the Supreme Court decided that , a constitutional amendment is a " law ' within the meaning of Article 13 ( 2 ) and therefore if it violates any the fundamental rights it may be declared void ? ( A ) Sajjan Singh V. State of Rajasthan ( B ) Keshvananda Bharati V. State of Kerala ( C )Indra Sawhney V. Union of India ( D ) Golak Nath V. State of Punjab 48 . Uniform Civil Code in India is : ( A ) Fundamental Rights ( B ) Directive principal of the state policy ( C ) Government Policy ( D ) Constituonal Right 49. As per Article 16 , No citizen shall , on grounds only of............. or any of them . ineligible for , or discriminated against in respect of , any employment or office under t State . ( A ) religion , race , caste , sex , descent , place of birth , residence ( B) religion , age , caste , sex , descent , place of birth , residence (C) religion , race , age , sex , descent , place of birth , residence (D)religion , race , caste , sex , descent , place of birth , age 50. The minimum number of Judges who are to sit for the purpose of deciding any case involu a substantial question of law as to the interpretation of this Constitution or for the purpose hearing any reference under Article 143 shall be ( A ) 2 ( B ) 3 ( C ) 4 ( D ) 5 51. According to the Article 300A of the Constitution of India , No his property save by authority of law . ( A ) person ( B ) citizen ( C ) foreigner ( D ) Indian 52. Which of the following is not ' Law ' according to Article 13 of Indian Constitution ( A ) Rule ( B ) By - laws ( C ) Custom or usage ( D ) None of these 53. Which of the following Schedule deals with Union list , State list and Concurrent list Constitution of India ? ( A ) Schedule 7 ( B ) Schedule 10 ( C ) Schedule 11 ( D ) Schedule 12 54.The title of the Constitution of India is laid down in .......... ( A ) Article 1 ( B ) Article 5 ( C ) Article 390 ( D ) Article 393 55.Constitutional provisions of Fundamental Rights ( FRS ) are given under which part of Constitution of India ? ( A ) Part I ( B ) Part II ( C ) Part III ( D ) Part IV 56. Provisions for Right of Private Defence is given between ........of IPC ( A ) Sections 74-84 ( B ) Sections 96-106 ( C ) Sections 107-120 . ( D ) Sections 141-160 57.The consent is not a valid consent under Section 90 of IPC : ( A ) If given under fear of injury or misconception of fact . ( B ) If given by person of unsound mind . ( C ) If given by child below 12 years of age . ( D ) All of these 58. Causing of the death of child in the mother's womb is not homicide as provided under ( A ) Explanation III to Section 300 ( B ) Explanation III to Section 299 ( C ) Explanation III to Section 301 ( D ) Explanation III to Section 302 59. Punishment for Defamation under Indian Penal Code is simple imprisonment for a term which may extend to .............or with fine or with both . ( A ) 2 Years ( B ) 3 Years ( C ) 4 Years ( D ) 5 Years 60. Assault or criminal force to women with intent to outrage her modesty under IPC is which kind of offence ? ( A ) Non - Cognizable and Bailable ( B ) Cognizable and Bailable ( C ) Cognizable and Non - Bailable ( D ) Non - Cognizable and Non - Bailable of IPC . 61. ' A ' places men with firearms at the outlets of a building and tells ' Z ' , if ' Z ' attempts to leave the building . ' A ' is guilty of : ( A ) wrongful confinement ( B ) wrongful restraint ( C ) Both wrongful confinement and wrongful restraint ( D ) None of these 62. The provision of ' Plea Bargaining ' under chapter XXIA of CrPC are not applicable if the offence is committed against a child below the age of ........... ( A ) 12 years ( B ) 14 years ( C ) 16 years ( D ) 18 years 63. Under Section 82 and 83 of Indian Penal Code , an offence is punishable if it is done by a child .... ( A ) of below seven years of age . ( B ) of above seven years of age but below twelve years having attained sufficient maturity and understanding . ( C ) of above seven years of age but below ten years having attained sufficient maturity and understanding . ( D ) of above seven years of age but below twelve years not having attained sufficient maturity and understanding . (This question is a logical question that depends on you ) 64. Name two essential conditions of Penal Liability . ( A ) Guilty Body & Rightful Act ( B ) Guilty Intent & Wrong Motive ( C ) Guilty Mind & Wrongful Act ( D ) Guilty Motive and Wrongful Act 65.Which Sections deal with the processes to compel appearance under Code of Criminal Procedure 1973 ? ( A ) Sections 61 to 90 ( B ) Sections 154 to 173 ( C ) Sections 211 to 219 ( D ) Sections 274 to 282 66.An offence for which , a police officer may arrest a person without warrant is known as ( A ) Non - cognizable offence ( B ) Cognizable offence ( C ) Bailable offence ( D ) None of these 67.In a summons trial case instituted on a complaint wherein the summons has been issued to the accused , the non - appearance or death of the complainant shall entail ........... ( A ) Discharge of the accused ( B ) Acquittal of the accused ( C ) Either discharge or acquittal depending on the facts & circumstances of the case ( D ) None of these 68. Suppose F.I.R. is not registered by the Station House Officer . What are the options that the complainant has ? ( A ) Approach Superintendent of Police ( B ) Approach Magistrate by filing Private Complaint ( C ) None of these ( D ) Both ( Approach Superintendent of Police ) & ( Approach Magistrate by filing Private Complaint ) 69. Any police officer making an investigation under Section 160 of CrPC cannot require the attendance of a male , at a place other than the place of his residence who is ( A ) under the age of 15 years and above the age of 60 years ( B ) under the age of 18 years and above the age of 60 years ( C ) under the age of 15 years and above the age of 65 years ( D ) under the age of 18 years and above the age of 65 years 70. Section 125 of the Criminal Procedure Code is " SECULAR " in character was observed in which of the following case ? ( A ) Lalita Kumari V. State of Uttar Pradesh t ( B ) Arnesh Kumar's Case ( C ) Mohd . Ahmed Khan V. Shah Bano Begum ( D ) Selvy V. State of Karnataka 71.Who has the power of summary trial of a case ? ( A ) Chief Judicial Magistrate ( B ) Metropolitan Magistrate ( C ) Any Magistrate of first class specially empowered by the High Court ( D ) All of these 72 . Which Order of Civil Procedure Code deals with Temporary Injunction and Interlocutor Injunction ? ( A ) Order 38 ( B ) Order 39 ( C ) Order 40 ( D ) Order 41 73 . A is a tradesman in Ahmedabad , B carries on business in Delhi . B , by his agent in Ahmedabad , buys goods of A and requests A to deliver them to the Western Roadway Transport Company . A delivers the goods accordingly in Ahmedabad . A may suc B for the price of the goods ( A ) In Ahmedabad only ( B ) In Delhi only ( C ) In either Ahmedabad or Delhi ( D ) Anywhere in India 74 . Which of the following Section of Civil Procedure Code deals with the concept of Res Judicata ? ( A ) Section 10 ( B ) Section 11 ( C ) Section 12 ( D ) Section 13 75. Mr. X , Mr. Y and Mr. Z are jointly and severally liable for 10,000 under a decree obtaine by Mr. A. Mr. Y obtains a decree for 10,000 against Mr. A singly and applies for execution to the Court in which the joint - decree is being executed . Which of the following option correct for Mr. A ? ( A ) Mr. A may treat his joint - decree as cross - decree under Order 21 Rule 18 . ( B ) Mr. A cannot treat his joint - decree as cross - decree under Order 21 Rule 18 . ( C ) Mr. A cannot treat his joint - decree as cross - decree under Order 22 Rule 18 . ( D ) None of these 76. A , B and C are coparceners of Joint Hindu Family . They jointly execute a mortgage in favour of Y. Y files a suit against all of them . Summons is served to C but not to A and B. None of them appears and an ex parte decree is passed against all . A and B applied to set aside the ex parte decree . The decree will be set aside against ( A ) Only C ( B ) Only A & B ( C ) A , B and C ( D ) None of these 77. If someone lies before the court on affidavit , how it can be tackled by the Advocate / s ? ( A ) Perjury Application can be filed . ( B ) Withdraw from the case . ( C ) File application to support that . ( D ) Pay the fine for the same . 78. Proclamation for person absconding shall be published as follows : ( i ) It shall be publicly read in some conspicuous place of the town or village in such person ordinarily resides ( ii ) It shall be affixed to some conspicuous part of the house or homestead in whic person ordinarily resides or to some conspicuous place of such town or village : ( iii )A copy thereof shall be affixed to some conspicuous part of the Court - house : ( iv )The Court may also , if it thinks fit , direct a copy of the proclamation to be pub in a daily newspaper circulating in the place in which such person ordinarily resides. ( A ) Only ii and iii are correct ( B ) Only ii , iii , iv are correct . ( C ) Only i , iii , iv are correct ( D ) All i , ii , iii , iv are correct 79. Which of the following statement is incorrect ? ( A ) First appeal can be on question of fact or law or both . ( B ) Second appeal can be on substantial question of law only . ( C ) Second appeal can be on question of fact or law or both . ( D ) First appeal may or may not be in the High Court , Second appeal has to be in the High Court 80. As per Order VI , Pleading shall mean ? ( A ) Plaint ( B ) Written Statement ( C ) Both Plaint and Written Statement ( D )None of these 81 . Which of the following Order deals with " Death , Marriage and Insolvency of Parties " ? ( A ) Order 20 ( C ) Order 22 ( B ) Order 21 ( D ) Order 23 82.The doctrine of ' Res Gestac ' has been discussed in which Section of the Evidence Act ? ( A ) Section 5 ( B ) Section 6 ( D ) Section 11 ( C ) Section 10 83.When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit , then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit . It has been so provided under which Section of the Indian Evidence Act , 1872 ? ( A ) Section 17 ( B ) Section 18. ( C ) Section 19 ( D ) Section 21 84. Judicial Evidence means ( A ) Evidence received by Courts in proof or disproof of facts ( B ) Evidence received by Police Officer ( C ) Evidence received by Home Department ( D ) Evidence received by Tribunal . 85. Which of the following is not a ' document ' according to the Indian Evidence Act , 1872 ? ( A ) An inscription on a metal plate or stone ( B ) A map or plan ( C ) A caricature ( D ) None of these 86. " Presumptions as to Dowry Deaths " is given under which Section ? ( A ) 113A ( B ) 113B ( C ) 114A ( D ) 114B 87.Which of the following is not ' Secondary evidence ' as per Section 63 of Indian Evidence Act , 1872 ? ( A ) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy , and copies compared with such (B) copies . Copies made from or compared with the original .. ( C ) Oral accounts of the contents of a document given by some person who has himself seen it ( D ) Copies not certified under Section 63 . 88. Which of the following provision of Civil Procedure Code , 1908 deals with the Institution of Suits ? ( A ) Section 22 ( B ) Section 24 ( C ) Section 26 ( D ) Section 28 89. Defendant shall , within days from the date of service of summon on him , present a Written Statement of his defence ( ORDER VIII ) . ( A ) 15 ( B ) 30 ( C ) 60 ( D ) 45 .. 90. The Arbitral Tribunal shall not be bound by procedure . (A) The Code of Civil Procedure , 1908 (B)The Indian Evidence Act , 1872 (C) The Code of Criminal Procedure . 1973 (D) Both . ( The Code of Civil Procedure , 1908 ) and ( The Indian Evidence Act , 1872 ) 91. Which of the following Section deals with " Arbitration Agreement " in Arbitration and Conciliation Act , 1996 ? ( A ) Section 6 ( B ) Section 7 ( C ) Section 8 ( D ) Section 9 92. Under what circumstances the arbitral proceedings can be terminated ? 1.Final Arbitral award 2.Interim award 3.Where the arbitral tribunal issues an order for the termination ( A ) 1 and 3 ( B ) 1 and 2 ( C ) 2 and 3 ( D ) 1.2 and 3 93. Under Section 29 of The Arbitration And Conciliation Act , 1996 arbitral proceedings with more than one arbitrator , any decision of the arbitral tribunal ......... (A) shall be made by all members (B) shall be made by 2/3 majority of its members (C)shall be made by the chief arbitrator (D) shall be made by majority of its members 94. The provision for maintenance pendente lite ' in Hindu Marriage Act . 1955 is given in...... ( A ) Section 22 ( B ) Section 23 ( C ) Section 24 ( D ) Section 25 95. A Muslim wife may sue for divorce under the Dissolution of Muslim Marriage Act 1939 Section 2 , if the husband has been insane for a period of : ( A ) 1 year ( B ) 2 years ( C ) 5 years ( D ) 7 years 96.Muslim woman has option to be governed by the provisions of Sections 125 to 128 of Criminal Procedure Code 1973. Which section of The Muslim Women ( Protection of Rights on Divorce ) Act , 1986 deals with it ? ( A ) Section 5 ( B ) Section 6 ( C ) Section 7 ( D ) None of these 97. Which of the following is not a ground of void marriage under Section 11 of the Hindu Marriage Act ? ( A ) Bigamy ( B ) Degrees of Prohibited Relationship ( C ) Sapinda Relationship ( D ) Child marriage 98. Sapinda Relationship means ( A ) 3rd generation ( mother ) , 7th generation ( father ) ( B ) 3rd generation ( mother ) , 5th generation ( father ) ( C ) 3rd generation ( mother ) , 4th generation ( father ) ( D ) 2nd generation ( mother ) , 5th generation ( father ) 99." A leading question may be asked in ( A ) Examination - in - chief ( B ) Re - examination ( C ) Cross examination ( D ) None of these 100. Extra Judicial Confession means ( A ) Confessions made either to Police or person other than Judges and Magistrates . (B) Confessions made before Magistrates . (C) Confessions made before Judges . (D)None of these

Green House Gases Effect Human beings in order to have a better life style , is changing the climate by increasing global concentrations of green house gases such as carbon dioxide , methane , nitrous oxide , chlorofluoro carbons , etc. By carrying on various activities such as burning coal , oil , natural gas , we are producing carbon dioxide and other greenhouse gases as by - products more than 6,000 million metric tons annually . Similarly , deforestation and land cleaning is also releasing significant quantities of such gases another 1 to 2,000 million tons a year . The effect is that green house gases are being released in the atmosphere at a rate faster than natural processes can remove them . It has been estimated that since 1860 the concentration ofcarbon dioxide in the atmosphere has risen 30 % from 280 parts per million ( ppm ) to 365 ppm . The presence of natural amount of carbon dioxide in the atmosphere is relatively insignificant and non - pollutant . But an increase in its quantum and specially a big increase is a matter of serious concern . It has the potential to rival nuclear effect in terms of massive non - reversible damage to the environment . Carbon dioxide and water vapour present in the atmosphere absorb infra red radiation ( 14000-25000 nm ) and effectively block a large fraction of the earth emitted radiation . The radiation so absorbed by carbon dioxide and water vapour is partly re emitted to the earth surface . Thus , earth receives energy from two sources simultaneously - one , from sun directly , and two , from re - emission from carbon dioxide and water vapour . The net result is that earth surface gets heated up and this process of heating up of earth surface is termed as the Green House gases effect or Green House effect . The term Green House effect was first coined by J. Fourier in 1827. The effect is also called Atmospheric Effect global warming of carbon dioxide These are two factors which are responsible for the green house 1. production of carbon dioxide on a massive scale ; and 2. deforestation . Carbon dioxide produced by different sources is consumed by water reservoirs and vegetations mostly forests and thereby they serve to maintain a balance in the atmospheric carbon dioxide level . However , due to massive production , it ( CO2 ) remains unconsumed in the atmosphere . More in quantity , it is present in the atmosphere , more it will re - emit the energy to the earth . Thus , energy remains trapped in between the surface of the earth and the layer of carbon dioxide and water vapour in the atmosphere . As the temperature of the earth increases , the evaporation of surface water also increases and it helps in raising the temperature further . Scientists believe that by the year 2050, the temperature of earth will rise by about 3 ° C because by this time the concentration of carbon dioxide in the atmosphere will double . It has been estimated that increase in surface temperature by 1 ° C can adversely effect the world food production . Another effect of this phenomenon is the rise in sea levels . Oceans act as reservoir of heat , and hence it could result in rise of sea levels by as much as 2 metres due to expansion of sea water at increased temperatures and also because of partial melting of glaciers , ice - gaps of Greenland , and polar ice caps . This rise of sea levels would threaten many areas especially coastal countries and some 60 island nations like Maldives , Bangladesh , Goa , Madras will face extinction . It is also believed that rising temperature could alter climate radically . Some of the more fertile belts of North America and the Mediterranean could turn arid . Wheat production in India especially in the fertile northern belt may decline . Other greenhouse gases Apart from carbon dioxide there are other gases which are responsible for green house effect . They are methane , chlorofluoro , carbons , nitrous oxide and water vapour . Their relative position is as follows : Of these remaining gases , hydrocarbons ( CH4 ) and chlorofluro carbons ( CFC ) play significant role . Hydro carbons are produced in huge quantity by rice producing fields and cattle . About 360 million hectares of rice fields and 1.2 billion cattle emit hydrocarbons in India which help in increasing the atmospheric temperature , Chlorofluorocarbon has the . capacity to destroy ozone layer and destroyed ozone layer allows solar flux to reach on the earth unobstructed which ultimately leads to skin burning and rise in temperature . It is believed that one molecule of chlorofluoro carbon can destroy one lakh molecules of ozone . Increasing use of chlorofluoro carbon in air conditioners refrigerators and in other activities may prove dangerous for the atmosphere if no remedial measure is taken in this regard . Position of Green house gas Emission USA million tons ; CIS ( formerly USSR ) 690 million tons ; Brazil , 610 million tons ; China , 380 million tons ; India 230 million tons ; Japan 220 million tons per annum . This statistics shows that developed countries are far ahead in producing green house gases except Japan .

Nation and Nationality :- A nation is a body of persons inhabiting a definite territory and thus united to one another because they belong to the same country. These persons constituting a nationality are drawn from a number of different races or breeds which, after wandering in many places, got settled down in a particular territory. A nation is, therefore, not necessarily a race like the Nordic, Alpine, or Mediterranean, but rather a mixture of races. As a result of long mixing together, the members of a nation develop two forms of mental sympathy. First, they have a common tradition that has grown up in the course of a common past history, a common language, a common religion, a common culture or way of life and common social habits. Secondly, they have a common will to live together, because they are under the impression that they like the institutions and laws that suit their way of life. In this way, a nation tends to form a separate state to express and realize its national character and will. The idea of a nation (or nationality) developed in different ways among different nations. In Germany under the Nazi regime (1933 - 1945) the nation was based on a "racial" unit which was supposed to be on the unity of "Aryan blood" which made the Germans a superior people compared with the Jews. The French idea of the nation that began with the French Revolution of 1789 is, however, very simple. According to the French conception, the nation is simply the population of the territory of France united by the bond of "love of the national soil". Thus the French nationality was something rooted in the soil of France, its sunshine, its wine, its speech, its social habits, and its way of life. The idea of the nation is generally the basis of a state. But it is not always that in a state there is, only one nation. For example, India is a nation, though consisting of diverse interests. Definition of Nation and Nationality: The word "nation" is derived from the Latin term Natus which means born. So in its derivative sense nation means a group of people that have a common racial origin. This was the conception of the nation for the German philosophers. This idea of nation is definitely misleading because there is no nation in the world belonging to the same racial stock. According to J. W. Garner-"A nation is a culturally homogeneous social group which is at once conscious and tenacious of its unity of psychic life and expression. So Lord James Bryce said- "Nation is a union of men having racial or ethnographic significance". According to J. K. Bluntschli- "Nation is a union of people bound together by language and customs in a common civilization which gives them a sense of unity and distinction from all foreigners/For R. N. Gilchrist, nationality may be defined as "a spiritual sentiment or principle arising among a number of people usually of the same race, residents on the same territory sharing a common language, the same religion, similar associations and common ideals political unity." J. W. Burgess' definition of a nation is- "a population with ethnic unity, inhabiting the territory, with geographical unity." For Stephen Butler Leacock, "a body of people in the community of persons common descent and common language" makes a nation. To Ernest Barker- "A nation is living in the definite territory and thereby bound together by the bor mutual love." In the same vein, Ramsay Muir defined the nation as "a body of people who themselves to be naturally linked together by certain affinities which are so strong and resize them that they can live happily together, are dissatisfied when disunited and cannot ta subjection to peoples who do not share the ties." According to A. E. Zimmern, it is "A body of people united by a corporate sentiment peculiar intimacy, intensity and dignity, related to a definite home-country." Again, Pra Fodere's definition is- "Affinity of race, a community of language, of habits, of customs and religion are the elements which constitute the nation." In all such definitions, most of the political thinkers emphasize that every society which has enough of a distinct tradition to be called a character has a natural right to political independence and what is called, in the jargon of the hour, self-determination. John Stuart Mill thinks that any portion of mankind may be said to constitute a nation if they are united among themselves by common sympathies. But racial purity cannot be found in the modern world because the population of ever modern country has a mixed blood. Nation has also nothing to do with a definite territory though this is the general notion of a nation. So it is said that nationality is not a matter o political frontiers or round skulls and broad noses, but a matter of the heart and soul. In thie connection V.P. Singh, the former Prime Minister of India said- "A nation is not a map on piece of paper. It lies in the heart of the people".We may conclude about the definition of nation with the words of Ernest Renan nation is a soul, a spiritual principle. To have a common glory in the past, a common wi the present; to have done great things together, to want to do them again; these are o conditions for the existence of a nation. Factors in the Growth of a Nation (Marks of Nationality): The following are some of the factors responsible in the growth of a nation, though none of them is indispensable: A.Racial Unity: Racial unity is insisted on by some as an essential factor in the growth of nationality. But there is no racial purity in modern states. As a matter of fact, modern states consist of several races of mixed nature as in England, the USA and Canada. Notwithstanding the diversified races composing a state, it can function smoothly. So racial unity is never an important factor in the relation of the state. B. Linguistic Unity: Language, which is the dress of thought, is another cementing factor in the making of a nation. A common language and common literature create a kind of like mindedness which emotionally unites several people covered by the bond of language and literature. Since language is directly linked to a specific territory and these together provide the basis for a common lifestyle, language should be made the basis for administrative units, wherever possible. But language is never an essential factor in the growth of the state. For example, India having 17 major languages, which create some artificial barrier among the entire population, is still a nation. Religious Unity:A common religion can be very helpful for a nation.But this too is not an indispensable factor. India is a country where almost all the religions of the world are to be found existing side by side. Even then, India is a nation. Pakistan, which was created on the basis of the Islamic faith in 1947, was shattered by a co-religious sector in East Pakistan that broke away from Pakistan and established a new state called Bangladesh. The tie of a common religion could not hold together the two parts of Pakistan.Here language proved to be more important than religion. E. H. Carr on traits of nation: (i) The idea of common government whether as a reality in the present or past or as an aspiration of the future; (ii) A certain size and closeness of contact between all individual members; (iii) A more or less defined territory; (iv) Certain characteristics of which the most predominant trait is language; (V) Some common Interests of the Individual members; (vl) Some common feelings are associated with the Idea of the nation in the minds of the individual members. Geographical Unity:Geographical factor has proved to be a remarkable source for the formation of national unity. It is a design of nature to bring a kind of identity by way of climate and other phenomenon of geography which provide the people an opportunity to live together. Theyhave a tendency of like-minded or common behaviour which ultimately unite them into one homogeneous people. Historical Unity:Historical unity is considered to be very essential for the formation of nationality, A I common heritage binds people together. The Indians nurtured the lesson of unity because of their bondage under the British imperialists. A common political aspiration brought together I the Greeks though separated by geographical barriers. In this connection John Stuart Mill observes- "The possession of a national history, and consequent community of recollections, I collective pride and humiliation, pleasure and regret connected with the same incidents in I the past are strongest of all the factors which generate the feeling of nationality." Cultural Unity: A common way of life and mannerism can foster the cause of a nationality. Thus we find the culture pattern as a responsible factorin the growth of a single nation. Difference between Nation and Nationality: There is a subtle point of distinction between nation and nationality. When a group of people have some kind of identity with regard to any of race, language, mannerism, etc. or even a sentimental or emotional affinity, that group constitutes a nationality. When that group aspires for or actually attains a political status like the independence that nationality becomes a nation. The moment a nationality gets a separate state of its own, it becomes a nation. So Lord James Bryce rightly said: "The difference between the two is of political organization. Nationality is a nation in the making. As soon as a nationality secures political independence it becomes a nation." Thus a nation is the total of a nationality plus statehood. So when a nationality demands for a homeland of its own, it becomes a nation. According to C. J. H. Hayes: "A nationality by acquiring unity and sovereign independence becomes a nation." For example, former East Bengal in Pakistan was a nationality. But the moment East Bengal became independent of Pakistan under the name of Bangladesh she became a nation. There is another way of distinguishing a nation from a nationality. According to some political scientists, the distinction between the two is not of a political organisation but of number. When there is one ethnic or racial group it is a nationality. When several ethnic or linguistic groups join together in a bigger way that conglomeration is called a nation. For example, in India, there are variouslinguistic and racial groups like Bengalis, Marathis, Punjabis, etc. Each group is a nationality and India is a nation. Difference between a Nation and a State: Although we use the two terms nation and state to mean the same thing, in actuality there is some difference. Nation is one of feeling while state is one of reality. We know that a state is composed of population, territory, sovereignty and government. Whenever these four elements are available a state is constituted. Absence of any of them negates the statehood. A state may have more than one nation. For example, before the First World War, Austria and Hungary, two distinct nations, made one state, though there was no element of unity between Austria and Hungary. Again, the basis of the two concepts is different - a nation is based on the consciousness of unity because of psychological or spiritual feelings. But in a state there is a political unity. So A. E. Zimmern distinguishes the two thus: "Nationality, like religions, is subjective, statehood is objective, nationality is psychological, statehood is political; nationality is a condition of mind, statehood is a condition of law, nationality is a possession, statehood is enforceable obligation; nationality is a way of feeling, thinking and living, statehood is a condition inseparable from all civilised ways of living." Most of the modern states are nation-states. We may, for example, cite England, Italy, Germany, etc. There is a trend among the modern political writers to equate nation with the state. This gives rise to the theory of one nation, one state. It is insisted that there should be as many states as there are nations. In other words, statehood should be identified with nationhood, and there should not be any state having more than one nation. This right is known as the right of self-determination. Sir John Stuart Mill, who is the strongest exponent of this theory, maintained:"The boundaries of a state should coincide in the main with those of nationalities." According to him, a multinational state is unsatisfactory because there is no unity except obeying the common authority. Whether India is a Nation: We refer to India as a nation-state. Is the term appropriate? The term state stands for a political entity, while the word nation in the sociological sense means the state. Let us take the case of the state. India is definitely a political entity. But the problem comes with the express; nation. Is there one society, in the sociological sense, in India? To give the answer in the positive, India must have commonness in race, religion and language. It is common knowledge that India does not have common racial unity. All races of the world are to be found in India it is for this reason that India is called an anthropological museum. This goes on the minus side of nation. As for religion, Hinduism, Islam and Sikhism are the main religions of India today. Hindu- Muslim animosity is persistent in Jammu and Kashmir, of course, with the backing of Pakistan. Otherwise, also, there are sporadic incidents of communal riots in India. In 1980 Hindu- Muslim riots broke out in Moradabad and rocked the entire province of Uttar Pradesh. So it is difficult to say that India has religious oneness.The position with regard to common language is equally disappointing. Indian constitution recognises 17 languages which are called official languages. In addition, there are 1,500 recognised mother tongues, which cannot be excluded from the definition of language. Language means communication. And modern-day developments have shown that communication is imperative in order to bring about participatory development and authentic nation-building. As a matter of fact, in the context of a vast multi-lingual entity like India, appropriate communication is possible only through the language of its people i.e. their mother tongues. Language in India, instead of becoming a means of communication has very often degenerated into a basis of dispute and identity crisis. This has led to the creation of Andhra Pradesh, Haryana, and Meghalaya. The process is still on the anvil. So neither racially nor religiously nor linguistically India offers a homogenous whole. So it is difficult to call India one nation. This is at least what comes up at the first sight. But if we have a close-up view of it we must be impelled to draw a different conclusion. We have borrowed the term nation-state from the west. There each nation demanded its own "political roof" and applied it to a condition where numerous nations and cultural conglomerates came to form a state in the wake of the two World Wars. In India, the term has not been used to mean one state but one cultural mainstream, i.e., to build one nation at the cost of other cultural collectivities. In that case, Punjab, Himachal Pradesh, Bihar, and Bengal, though having differences, have a unified combination which is the state. As several flower plants constitute one garden despite the color, and odor, differing, so several cultural units combine to make one nation and one state. All said and done, India must be one nation because the Indians feel that they are so. Theory of One Nation, One State: Theory of One Nation, One State: When a group of people has an Identical entity in race, religion or language, or even some kind of emotions and ideals pl like nature, they publicly form one nation. Their next desire becomes to form one state. This idea became current in the wake of the First World War. President Woodrow Wilson was a priest of his theory of one nation, one state. Thus the moment each group of people develop a national character, each must have an opportunity to have its independent political life. The most prominent exponent of this doctrine is John Stuart Mill who is said to have maintained in their book Representative Government - "It is, in general, a necessary condition of free institutions that the boundaries of governments should coincide in the main with those of nationalities. The theory has two lines of arguments. First, if a state consists of only one nationality, there will be more unity and the united energy may be channelized for the all­ round progress of the state. Conversely, if the states are formed according to their national character, there will be an end of the majority ruling over the minority. This will close the story of exploitation. So Pakistan had been created by carving a slice of land having a Muslim population in 1947. Again, the Bengali-speaking population felt the need for an independent homeland. So was created Bangladesh in 1971. Criticism of the Theory of One Nation, One State: The theory evoked the following criticism. In the first place, if various nationalities live together, there will be an exchange of cultures, which will strengthen each group and enrich their outlook. In the second place, the theory is impracticable. The race group, language culture and religion orders are so widely and indiscriminately distributed that it is almost impossible to give every nation group a separate slice of land to form a state. We may give the example of Czechoslovakia. After the First World War, Czechoslovakia was separated from Germany. But many Germans who were inhabitants of Czechoslovakia were left without any political entity for them. They were made a minority population in the new state. The USSR, which had been a union of several ethnic populations, allowed in 1991 to break away from the union and form as many as fifteen states. It is apparent that these states are feeling uneasy in the absence of a strong inherent power to ensure economic viability and defence potentiality. So although the theory of one nation, one state may sound attractive, it has several practical difficulties. Conclusion to Nation and Nationality: All the factors listed above are strong forces in the creation of nationality. But nonegf them is indispensable Nationality is something sentimental and subjective, while the factors mentioned above are all objective, so the presence or absence of any of the factors may necessarily lead to the birth or death of nationality For example, Switzerland is a nation though there are diverse races, languages, and religions Similarly, the Jews constituted one nation even though there is no geographical unity so much so that they have no common or delete territory to live m So Harold J Laski rightly said Nationality is essentially spiritual character, a sentiment the will of the people to live together.

For AIBE 17 , here are some of important information and tips to keep in mind. These will ensure that you have an easy time sitting in the exam hall and are confident in solving the questions. 1. Starting with AIBE XVI (2021), you can no longer take notes, printouts, or anything except Bare Acts inside the AIBEexam hall. Therefore, make sure you have bought the Bare Act books that you can take inside. 2. There are 100 multiple-choice questions in AIBE. There is no negative marking. So make sure you don't leave any questions unanswered. 3. You pass AIBE XVI 2021 if you get 40% of marks in the general category and 35% marks in SC/ST category. That is, general category candidates have to get 40 out of 100 questions correct. And SC/ST have to get 35 answers correct out of 100. 4. After the exam, you either pass or fail. Bar Council doesn’t show the exact marks you score. 5. Questions in AIBE aren’t very tough. They are challenging, but you can easily solve them. 6. You don’t need any law notes for AIBE. Just focus on Bare Acts with the syllabus subjects make sure you focus well on legal maxims and some of the landmark case laws 7. If you have been reading Bare Acts and the syllabus subjects mentioned below for a few months, you’re good to go. Plus, you’ll have the Bare Act books during the exam. So, it’s easy. 8. Read the questions carefully. Several of them can be solved just by reading the question and seeing the index page of the Bare Act of that question. Truly. Read the question. By the language and a few facts, you’ll get to know what the subject is. Now, open that Bare Act book’s index page, and it should help you solve the question. If you need to dive more, quickly go to that Article or section using the page number mentioned in the index. 9. Personal Experience: Since this isn’t a competitive/job exam, people are usually friendly inside the hall. I don’t know about other states or exam halls or anything similar. But while I was giving the exam, candidates sitting near me gladly offered books I didn’t have, etc. So, overall it was easy to solve the questions. 10. There are 100 questions, but if your language understanding (English or in which you are appearing) is good, you can solve them soon and will have ample time in the end to recheck. 11. Once again, in any case, do not leave any questions unanswered. Remember, there is no negative marking! AIBE OFFICIAL WEBSITE:- https://allindiabarexamination.com/ Syllabus for All India Bar Exam-XVI

1.As given in section 53 of the Maharashtra Rent Control Act, 1999 the offences under the following section is cognizable : (1)Section 17 (2) Section 22 (3) Section 24 (4) Section 25 2.We, the people of India, having solemnly resolved to constitute India into a : (1)Great country (2)Country having religious value (3)Sovereign Socialist Secular Democratic Republic (4)All the above 3.Provision for default bail is made : (1)as per section 173(8) of Cr.P.C., 1973 (2)as per section 167(2) of Cr.P.C., 1973. (3) as per section 174 of Cr.P.C., 1973. (4)none of the above. 4.Fundamental Duties are given in : (1)Article 51 (2) Article 51 A (3)Article 52 A (4) Article 52 B 5.Who appoints Attorney General of India ? (1)Supreme Court (2) President (3)High Court (4)Parliament 6.Protection of life and personal liberty is : (1)personal right (2)fundamental right (3)(1) and (2) above (4)none of the above 7.Pleading means : (1)stating material facts and not evidence. (2)stating brief facts of the dispute. (3)stating facts along with evidence. (4)stating only evidence. 8.In which transfer, right to enjoy such property transfers ? (1)Sale (2)Mortgage (3)Lease (4)None of the above 9.As per Section 96 of the penal code, nothing is an offence which is done in the exercise of the : (1) order of senior officer (2) right of private defence (3) power of military officer (4) power conferred by the state government 10. Which of the proposition is correct? (1) Every partner has a right to take part in the conduct of business. (2) Every partner is bound to attend diligently to his duties. (3) Every partner has a right to have access to inspect. (4) All the above. 11.As per section 33 of the Maharashtra Rent Control Act, 1999 the jurisdiction of the court for the area of Brihan Mumbai is : (1) City Civil Court, Mumbai. (2) Metropolitan Magistrate, Mumbai. (3) Court of Small Causes, Mumbai. (4) The Court in which the property is situated. 12.Which Court shall have power to issue directions in case of violation of fundamental rights ? (1)District Court (2) High Court (3) Special Tribunal (4) Supreme Court 13.Provision of common object is given in : (1)Section 34 of the penal code (2) Section 100 of the penal code (3) Section 141 of the penal code (4) Section 149 of the penal code 14.Voluntarily causing grievous hurt by dangerous weapon is defined in : (1)Section 323 of the penal code (2) Section 324 of the penal code (3) Section 325 of the penal code (4) Section 326 of the penal code 15.Definition of mortgage is given in : (1)Section57 of the Transfer of PropertyAct. (2)Section58 of the Transfer of PropertyAct. (3)Section59 of the Transfer of PropertyAct. (4)Section60 of the Transfer of PropertyAct. 16.The provisions of penal code apply to any offence committed by : (1)any person in any place not within India. (2)person who is above twenty one years. (3)person who is above eighteen years. (4)any citizen of India in any place without and beyond India. 17.Where, on a transfer of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event is called : (1)rule against perpetuity. (2)contingent interest. (3)vested interest (4)none of the above. 18.In which chapter of the penal code "General exceptions" are given ? (1)Chapter III (2) Chapter IV (3) Chapter V (4) Chapter VI 19.Where no provision is made by contract between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is : (1)sleeping partnership (2)particular partnership (3)no partnership (4)partnership at will 20.Power to amend Constitution is with : (1)Supreme Court (2) High Court (3) Parliament (4)(1) and (2) above 21.As per Article 121, an order to set aside an abatement is : (1)thirty days (2)sixty days (3)ninety days (4)none of the above 22. The dying declaration is the statement by the person : (1) before police officer only. (2) before doctor only. (3) as to cause of his death. (4) none of the above. 23. Decree may be. (1) prepared within one year of passing the judgement. (2) prepared at any time after passing the judgement. (3) either preliminary or final. (4) none of the above. 24.Provision for determination of lease is given in : (1)Section 109 of the Transfer of Property Act. (2)Section 110 of the Transfer of Property Act. (3)Section 111 of the Transfer of Property Act. (4)Section 112 of the Transfer of Property Act. 25.Out of the following propositions, which is correct one in respect of non-payment of fine ? (1)for any term not exceeding two months when the amount of fine shall not exceed fifty rupees. (2)for any term not exceeding two months when the amount of fine shall not exceed one hundred rupees. (3)for any term not exceeding two months when the amount of fine shall not exceed two hundred rupees. (4)for any term not exceeding two months when the amount of fine shall not exceed five hundred rupees. 26 "Evidence" means and includes : (1) Oral evidence (2) Documentary evidence (3) (1) and (2) above (4) Pleadings of the parties 27.First division of the schedule of period of limitation is prescribed for: (1)petitions (2) suits (3) appeals (4) applications 28.Concurrent list is given in : (1) Schedule IV of Constitution (2) Schedule V of Constitution (3) Schedule VI of Constitution (4) Schedule VII of Constitution 29.In view of amendment in the year 2018, which of the following objects of the Specific Relief Act, 1963, has been amended ? (1)Grant of specific performance as an exception. (2)Grant of specific performance as a general rule. (3)Awarding damages as a general rule. (4)Awarding damages as an exception. 30.By which calender, rent shall be recovered ? (1)Marathi calendar (2)Devanagari calendar (3) British calendar (4)As per terms and condition of contract 31.Judicial magistrate may arrest any person as per Section 44 of the Cr.P.C., 1973 : (1)when any offence is committed in the presence of a magistrate, within his local jurisdiction. (2)when any offence is committed in the presence of a magistrate, even beyond his local jurisdiction. (3) (1) and (2) above. (4) it is not the job of a magistrate. 32.Provision of arrest and detention is given in : (1)Section 54 of C.P.C., 1908. (2)Section 55 of C.P.C., 1908. (3)Section 57 of C.P.C., 1908. (4)None of the above. 33.As per Section 29 of the Cr.P.C., 1973, the court of a magistrate of the first class may pass a sentence of imprisonment for a term not exceeding : (1)One year (2)Seven years (3)Three years (4)Three and half years 34.The court may attach property of absconding accused under: (1) Section 82 of Cr.P.C., 1973 (2) Section 83 of Cr.P.C., 1973 (3) Section 84 of Cr.P.C., 1973 (4) Section 85 of Cr.P.C., 1973 35.Standard rent in relation to any premises means : (1) rent fixed by the court. (2) rent fixed by the tenant. (3) rent fixed as per schedule. (4) all the above. 36. When sub-tenants can become tenants : (1) after determination of tenancy though it is sub-let illegally. (2) after completing a period of one year as sub-tenant. (3) after completing a period of two years as sub-tenant. (4) when the interest of a tenant of any premises is determined for any reason, any sub-tenant to whom the premises have been lawfully sub-let. 37. Provision for substituted performance of contract is given in : (1)Section 18 of the Specific Relief Act. (2)Section 19 of the Specific Relief Act. (3)Section 20 of the Specific Relief Act. (4)Section 20-A of the Specific Relief Act. 38.Under the provisions of Cr.P.C., 1973, every summons shall be served by a : (1)informant (2)police officer (3)senior clerk of cour (4)none of the above 39. The provision for condonation of delay is given in : (1) Section 3 of Limitation Act. (2) Section 4 of Limitation Act. (3) Section 5 of Limitation Act. (4) Section 6 of Limitation Act. 40. Order V Rule 20 of C.P.C., 1908 provides for: (1) service of summons by post. (2) service of summons by hamdust. (3) substituted service. (4) service on defendant in prison. 41."Documents" means any matter expressed or described upon any substance by means of: (1)letters (2) figures (3)marks (4) all the above 42. Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor is called : (1)transfer by ostensible owner. (2)valid transfer. (3)voidable transfer. (4) fraudulent transfer. 43.As per Article 65, period of limitation for possession of immovable property or any interest therein based on title is : (1)twelve years (2) thirty years (3) three years (4) none of the above 44.Magistrate of the first class may issue search warrant, if he has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence : (1)under section 97 of Cr.P.C., 1973. (2)under section 98 of Cr.P.C., 1973. (3)under section 99 of Cr.P.C., 1973. (4)under section 100 of Cr.P.C., 1973. 45. "Warrant Case" means : (1) a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. (2) a case relating to an offence punishable with death and life only. (3) a case relating to an offence punishable with an imprisonment for a term exceeding two years only. (4) none of the above. 46. Which court is called as court of record ? (1) District Court (2) Civil judge junior division (3) Supreme Court (4) All the above 47. Specific performance of a contract cannot be enforced in favour of a person : (1) who has obtained substituted performance of contract under section 20. (2) who has become capable of performing the contract. (3) who does not fail to prove that he has performed the essential terms of the contract. (4) all the above. 48. The court may refuse to rescind the contract: (1) where the plaintiff has not ratified the contract (2) where third parties have not acquired rights in good faith (3) where only a part of the contract is sought to be rescinded and such part is not severable from the rest of contract (4) all the above 49. Mandatory injunction may be granted : (1) when it is not necessary to compel the performance (2) when no any acts are necessary to be performed (3) when to prevent the breach of an obligation, it is necessary to compel the performance of certain acts (4) none of the above 50. The landlord shall be entitled to inspect the premises let or given on licence : (1) at after every interval of six months. (2) at a reasonable time after giving prior notice to the tenant. (3) at the beginning of lease agreement. (4) at the end of lease agreement. 51. Mesne profit shall not include : (1) profits due to improvements made by the person in wrongful possession. (2) profits due to improvements made by the person in legal possession. (3) profits earned out of business. (4) none of the above. 52. The plea of alibi is admissible : (1) as per section 9 of the Evidence Act. (2) as per section 10 of the Evidence Act. (3) as per section 11 of the Evidence Act. (4) as per section 12 of the Evidence Act. 53. The provisions of the Maharashtra Rent Control Act, 1999 shall, in the first instance, apply to premises let for the purpose of residence, education, business, trade or storage in the areas specified in : (1) the notification issued by State of Maharashtra. (2) section 57 of this Act. (3) the order issued by State of Maharashtra. (4) schedule I and schedule II 54. Period of limitation for money payable for money lent as per Article 19 is : (1) one year (2) two years (3) three years (4) five years 55.Burden of proof means : (1)person who asserts, must prove that those facts exist. (2)person against whom allegations are levelled, must prove that those allegations are false. (3)person who has the evidence with him. (4)(2) and (3) above. 56.Where a person in the town of Bombay, delivers to a creditor documents of title to immovable property, with intent to create a security thereon, the transaction is called : (1)mortgage by conditional sale. (2) simple mortgage. (3)english mortgage. (4) mortgage by deposit of title deeds. 57.Principle of doctrine of eclipse is given in : (1)Article 13, Laws inconsistent with or in derogation of the fundamental rights. (2)Article 14, Equality before law. (3)Article 15, Prohibition of discrimination on ground of religion, race, caste, sex or place of birth. (4)Article 17, Abolition of untouchability. 58.Every agreement is restraint of the marriage of any person, other than a minor, is : (1)voidable (2) valid (3) void (4) legal 59. A instigates B to murder C. B refuses to do so : (1) A is not guilty of any offence. (2) A is guilty of attempt to commit murder. (3) A is guilty of abetting B to commit murder. (4) None of the above. 60. Who gives oath to the Governor ? (1) President (2) Prime Minister (3) Chief Justice of the High Court (4) Chief Justice of the Supreme Court 61.Which of the following proposition is correct ? (1)To disclose to the buyer any material defect in the property. (2)To produce to the buyer on his request for examination all documents of title relating to property. (3)To pay all public charges and rent accrued due in respect of the property upto the date of sale. (4)All above are correct. 62.Res-gestae means : (1)facts in issue and relevant facts. (3)facts pleaded in pleadings. (2)facts forming part of same transaction. (4)all the above. 63. Provisions for execution of decrees and orders is given in : (1) order XIX of C.P.C., 1908. (2) order XXI of C.P.C., 1908. (3) order XX of C.P.C., 1908. (4) order XXII of C.P.C., 1908. 64. Defendant has to file his written statement within thirty days from : (1) the date of service of summons. (2) the date of his appearance in the court. (3) the date of signing of vakalatnama. (4) none of the above. 65. As per following section tenancy agreement to be compulsorily registered : (1) Section 52 of Maharashtra Rent ControlAct. (2) Section 53 of Maharashtra Rent ControlAct. (3) Section 54 of Maharashtra Rent ControlAct. (4) Section 55 of Maharashtra Rent ControlAct. 66.Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing : (1)dishonestly (2) fraudulently (3) wrongfully (4)(2) and (3) above 67.No injunction shall be granted by a court in a suit under Specific Relief Act, 1963 involving a contract relating to : (1) private project work (2) domestic project (3) very old project (4) an infrastructure project 68.Under the provisions of sale of Goods Act, it is the duty of seller: (1)to accept and pay for them. (3)(1) and (2) above. (2) to deliver the goods. (4) none of the above. 69. Which of the following proposition is correct ? (1) All the facts may be proved by oral evidence including contents of documents. (2) Primary evidence means the document itself produced before the court. (3) Facts admitted need to be proved. (4) Confession before police is admissible in court. 70. Which of the following proposition is correct ? (1) Nothing is an offence which is done by a judge when acting judicially. (2) Nothing is an offence which is done by any person who is justified by law. (3) Nothing is an offence which is done by any person by accident. (4) All the above. 71.Which of the following proposition is correct ? (1)where a party to the contract has not obtained substituted performance of contract in accordance with the provisions of section 20 of the Specific Relief Act, 1963. (2)a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise. (3)a contract, which is in its nature not determinable. (4)all the above. 72.No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties is called : (1)res ipsa loquitur (2) res judicata (3) ipso facto (4) actus reus 73.Every person is competent to contract: (1)who is of the age of majority according to the law (2)who is of sound mind (3)who is not disqualified from contracting by any law (4)all the above 74.Provision for burden of proving fact specially within knowledge is given in : (1)Section 103 of Evidence Act. (3) Section 105 of Evidence Act. (2)Section 104 of Evidence Act. (4) Section 106 of Evidence Act. 75.Court may issue a commission under Section 75 of C.P.C., 1908 : (1)to examine any person. (2) to make local investigation. (3)to make partition. (4) all the above. 76.The provisions of the Maharashtra Rent Control Act, 1999 shall not apply : (1)to any private premises (2)to lodge and hotel (3)to any premises belonging to the government (4)none of the above 77. Provision for who may obtain specific performance is given in : (1)Section 14 of Specific Relief Act. (2)Section 14-A of Specific Relief Act. (3)Section 15 of Specific Relief Act. (4)Section 16 of Specific Relief Act. 78.As per the statement of objects and reasons of the Criminal Law (Amendment) Act, 2018, it amended the law relating to : (1)rape (2) murder (3)theft (4)extortion 79.Principle of Estoppel is : (1)Rule of law (2) Rule of equity (3)Rule of justice (4)(1) and (3) above 80.The schedule for periods of limitation is divided in : (1)three division (2) four division (3)five division (4)six division 81.A magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another court, is : (1)called as executive magistrate (2)not a judge (3)called as district magistrate (4) none of the above 82.The transfer of certain existing immovable property voluntarily and without consideration is called : (1)lease (2) mortgage (3) pledge (4) gift 83.A lets a farm to B on condition that he shall walk a hundred miles in an hour: (1)The lease is voidable at the option of B. (2) The lease is valid. (3)The lease is void. (4) The lease is neither valid nor void. 84.Which injunction may be granted to prevent the breach of an obligation existing in favour of person, whether expressly or by implication ? (1)Temporary injunction (3) Ad-interim injunction (2)Mandatory injunction (4)Perpetual injunction 85.Which of the following proposition is correct ? (1)A right to future maintenance can be transferred. (2)A mere right to sue can be transferred. (3)A public office cannot be transferred. (4)(1) and (2) above. 86.A decree may be executed : (1)not by the court which passed it. (2)not by the court to which it is sent for execution. (3)either by the court which passed it or by the court to which it is sent for execution. (4)by the appellate court. 87.On the commencement of the Maharashtra Rent Control Act, 1999 the following laws shall stand repealed : (1)the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. (2)the Central Provinces and Berar Regulation of Letting of Accomodation Act, 1946. (3)the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954. (4)all the above. 88.Provision of section 5 of the Limitation Act, 1963 applies to the : (1)suit (2) appeal (3) application (4)(2) and (3) above 89.A, a tradesman, leaves goods at B's house by mistake. B treats the goods as his own : (1)B is not bound to pay A for them. (2)B is bound to pay A for them. (3)B would say that goods are bad. (4)None of the above. 90.A stipulation in a contract of sale with reference to goods which are subject thereof may be a : (1)warranty (2) guarantee (3) agreement (4)(2) and (3) above 91.Public records kept in any state of private documents is : (1)Public document (2) Private document (3) Legal document (4) None of the above 92.Magistrate may record any confession or statement made to him in the course of an investigation : (1)under section 161 of Cr.P.C., 1973. (2)under section 162 of Cr.P.C., 1973. (3)under section 164 of Cr.P.C., 1973. (4) under section 173 of Cr.P.C., 1973. 93.When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence : (1)he is said to make a promise. (2)he is said to make a agreement. (3)he is said to make a proposal. (4)none of the above. 94.No suit under Section 6 of the Specific Relief Act, 1963 shall be brought: (1)after the expiry of six months from the date of dispossession. (2)after the expiry of six months from the date of dispute between parties. (3)after the expiry of one year from the date of dispossession. (4)none of the above. 95.Period of limitation for twelve years for a landlord to recover possession from a tenant starts : (1) when the tenant refused to handover possession. (2) when the tenancy is determined. (3) when the tenant stops to pay rent. (4) none of the above. 96.Cr.P.C., 1973 extends to : (1)the whole of India except state of Jammu and Kashmir (2)the whole of India (3)only some part of India (4)all above 97.Which of the following proposition is incorrect ? (1)Where the disability continues upto the death of that person, his legal representative may institute the suit within the same period after the death, as would otherwise have been allowed from the time so specified. (2)Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it. (3)In computing the period of limitation for any suit, the day from which such period is to be reckoned, shall not be excluded. (4)In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of award shall be excluded. 98.Consent is said to be free when it is not caused by : (1)coercion (2) undue influence (3) fraud (4) all the above 99.Any appeal may be admitted after the prescribed period, if the appellant satisfies the court that: (1)he is ready to pay additional court fee stamps. (2)he had sufficient cause for not preferring the appeal. (3)(1) and (2) above. (4)none of the above. 100. When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted becomes a : (1)agreement (2) contract (3) promise (4) agreement to sale