Cyber Crimes and Women

Introduction:

Cybercrime against women is on rise and it may pose as a major threat to the security of a person as a whole. In India the term “cybercrime against women” means and includes mainly sexual crimes and sexual abuses on the internet.

Cyber Crime:

Cyber crime may be defined as “Any unlawful act where computer or communication device or computer network is used to commit or facilitate the commission of crime”.

Various cyber crimes against women:

The various types of  cybercrimes that basically happens to the women in the cyberspace are harassment via e-mail, cyber-stalking, cyber defamation, morphing, email spoofing, hacking, cyber pornography and cyber sexual defamation, cyber flirting and cyber bullying.

1. Harassment through e-mails: Harassment via email, includes black mailing, threatening and constant sending of love letters in anonymous names or regular sending of embarrassing mails. Indian Penal Code, Criminal Procedure Code and sections of IT Act deal with the protection from cybercrime.
2. Cyber stalking: This is one of the most popular internet crime in the modern world. Cyber stalking can be defined as the repeated acts harassment or threatening behavior of the cyber criminal towards the victim by using the internet services. Stalking in the internet happens when the perpetrator follows the victim continuously by leaving unwanted messages. The motivation of stalkers may be considered less than four reasons, (i) sexual harassment, (ii) obsession for love, (iii) revenge and hate, (iv) ego and power trips. The stalker disturbs their targets through private emails as well as public message. Most of the cases are reported where the target of cyber stalking are women especially of the age group of 16 to 35. Section 354D of Indian Penal Code deals with the offence of stalking.
3. Cyber defamation: Cyber defamation occurs when with the help of computers and internet someone publishes derogatory or defamatory information to all of that person’s friends or the perpetrator post defaming stories about the victim. Although this can happen to both genders, but women are more vulnerable.
4. Cyber sexual defamation Cyber sexual defamation happens between real or virtually known people who out of frustration start publishing defaming stories in obscene languages on various social websites subsequently it turns into cyber pornography. The accused can be booked under section 67 and 72 of the IT Act as well as IPC Act.
5. Morphing:  When unauthorized user with fake identity downloads victim’s pictures and then uploads or reloads them after editing is known as morphing.
6. Email Spoofing E-mail spoofing is a term used to describe fraudulent email activity in which the sender address and other parts of the email header are altered to appear as though the email originated from a different source. By changing certain properties of the email, such as the From, Return-Path and Reply-To fields, ill intentioned users can make the email appear to be from someone other than the actual sender. Email spoofing is possible because Simple Mail Transfer Protocol (SMTP), the main protocol used in sending email, does not allow an authentication mechanism. Although an SMTP service extension allows an SMTP client to negotiate a security level with a mail server, however this precaution is not always taken. One of the best examples of Cyber spoofing is Gujrat Ambuja’s Executive Case, in this case the perpetrator pretended to be a girl for cheating and blackmailing the Abu Dhabi based NRI.
7. Hacking: Hacking means unauthorized access to computer system or network, and it is the most predominant form of cyber crime. It is an invasion into the privacy of data, it mostly happens in a social online community to demean a woman by changing her whole profile into an obscene, derogatory one.
8. Cyber Pornography: Internet may be considered the facilitator of crimes like cyber pornography; women and children are becoming the main victim of this flip side of technology.
9. Cyber bullying: Cyber bullying means the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature. The main aim and objective behind such crime may be to defame the target out of anger, hatred or frustration or secondly when the perpetrator wants to make simple fun of his friends, classmates, juniors or unknown net friends.

Few Measures for Online Safety:

1. Choose a safe online name. Pick a name that doesn’t reflect your complete identity or location.
2. Have a strong password with alpha-numeric symbol and special characters for your online account..
3. Secure your computers with anti-virus, anti-spyware and other cyber security tools.
4. Be selective about what information you make public. Be cautious while posting online any information that can personally identify you, a family member, or friend on a public site.
5. Never, try to meet a person with whom you’ve interacted only online without taking somebody else along and such meeting must always be in a public place.
6. Pay attention to privacy policies on Websites and in software.
7. Guard your email address.
8. Last, but not the least, trust your instinct. If you are being subjected to any form of cyber bullying or harassment, report it at once

Conclusions:

Most of the cyber crimes remain unreported due to the hesitation and shyness of the victim and fear of women for defamation of their family’s name. Many times women believe that she herself is responsible for the crime done to her. The women are more susceptible to the danger of cyber crime as the perpetrator’s identity remains anonymous and the accused may constantly threaten and blackmail the victim with different names and identities. In India, women still do not go to the police to complain against sexual harassment, whether it is in the real world or the virtual world, and they prefer to shun off the matter as they feel that it may disturb their family life. There are laws to punish the accused but it is only possible if women come forward and report the crime to the police station.

RIGHTS OF CHILDREN BORN OUT OF SECOND MARRIAGE:

Under Hindu Law:

• Under Hindu Law, where the second marriage is a valid marriage, children born out of this wedlock share equal with the children of the first wife.
• Even if the second marriage is void or voidable under the Hindu Marriage Act, the children of the second marriage are considered as legitimate children, and they have a right to inherit from the property of their father.
• However, under section 16 of the Hindu Marriage Act, such children have a right to inherit the property of their parents alone.
• They can inherit the property of their father, whether self-acquired or ancestral but not the ancestral joint family properties. It implies that they cannot inherit ancestral property other than the share of their father in the ancestral property.
• The law says that the children of the second wife have equal rights as the children of the first wife on their father’s (self-acquired and ancestral) property.

Under Muslim Law:

• Under Muslim law, the father is not bound to maintain his illegitimate child, but Section 125 of the Criminal Procedure Code, 1973, (which ensures that all such unfortunate children are maintained by their fathers except a married daughter) however binds the father to pay for the maintenance of the child. The father would be held liable to pay a certain amount even if the mother refuses to give up the illegitimate child to him.

Under Christian Law:

• Section 21 of The Divorce Act, 1869 says that children born out of Annulled marriage will be treated as legitimate child.

Under Parsi Law: 

• Section 3 of The Parsi Marriage and Divorce Act, 1936 lays down three requisites and says that no marriage shall be valid if the marriage falls in that three category. However section 3 (b) of the Parsi Marriage and Divorce Act, 1936 says that even if the marriage is invalid under any of the provision of sub-section (1) of Section 3, the child born of such marriage shall be legitimate.

COMPASSIONATE APPOINTMENT TO CHILDREN IN SECOND MARRIAGE

What is Compassionate Appointment?

Appointments to public offices have to comply with the requirements of Article 14 and Article 16 of the Constitution. Article 16 provides for equality of opportunity in matters of public employment. Compassionate appointment is in the nature of an exception to the ordinary norm of allowing equality of opportunity to every eligible person to compete for public employment.

Compassionate appointment can be claimed only where a scheme or rules provide for such appointment.

What is the object of compassionate employment?

The object and purpose of providing compassionate appointment is to enable the dependent members of the family of a deceased employee to tide over the immediate financial crisis caused by the death of the bread-earner.

“THERE MAY BE ILLEGITIMATE PARENTS, BUT NO ILLEGITIMATE CHILDREN”: KARNATAKA HIGH COURT

Considering the Supreme Court ruling in the case of Union of India vs V R Tripathi of 2019, along with Section 16 of the Hindu Marriage Act, 1955 and provisions of the Special Marriage Act, 1954 which confer legitimacy on children from illegitimate marriages, a division bench of the Karnataka High Court has observed that all children – irrespective of the personal laws governing the marriage of their parents – should be eligible for jobs on compassionate grounds.

A division bench of the High court comprising Justice B V Nagarathna and Justice Hanchate Sanjeev Kumar made the ruling and observations in the course of an appeal filed by a youth seeking a job with the Karnataka Power Transmission Corporation Limited (KPTCL) on compassionate grounds following the death of his father in 2014.

A job on compassionate grounds was denied to K Santosha, 19, a resident of the Ramanagara region of Karnataka, following the death of his father K Kabbalaiah, a KPTCL employee, on the grounds that he was born to the second wife of the employee and on account of the second marriage occurring while a first marriage was in existence.

The Karnataka HC while ordering KPTCL to consider the job application of K Santosha has quashed a KPTCL circular of September 2011 which said that a second wife or her children are not eligible for compassionate appointments “if a marriage has taken place during the subsistence of a first marriage.”

“A child has no role to play in his/her birth. Hence, law should recognize the fact that there may be illegitimate parents, but no illegitimate children. Therefore, it is for the Parliament to bring about uniformity in law vis-à-vis legitimacy of children,” the Karnataka HC bench has observed in its order.

With increase in the process of globalization, commercial transactions across borders, international boundaries have slowly blurred and disputes arising therein are no longer pertaining to one jurisdiction but involve parties and law from more than one jurisdiction. To resolve such conflicts, parties have several options such as adjudicating the dispute in the court in one’s own jurisdiction, adjudicating it in the courts of the opposite party’s jurisdiction or resorting to an out of court adjudication mechanism such arbitration.

• An anti-suit injunction is a court order that prohibits a party involved in litigation from either transferring that litigation to another court, or filing an identical lawsuit elsewhere. When a court issues an anti-suit injunction, it is essentially saying that it will be the only court to decide the outcome of the case at hand. Most of the time, anti-suit injunctions are used to prohibit parallel foreign actions, but they can also be used to limit a party’s ability to re-file the same claims in a different domestic court.

In order for the court to grant an anti-suit injunction, parameters set out by the Supreme Court are to be met which include, but are not restricted to:-

1. Amenability of the opposite side to the personal jurisdiction of the court;
2. Forum conveniens; and/or
3. Ends of justice

• An anti-anti-suit injunction is effectively an injunction restraining a court, where a proceeding in the nature of an anti-suit injunction is pending and/or where orders of anti-suit injunction have been passed, from continuing with such a proceeding. An anti-anti-suit injunction effectively renders the anti-suit injunction of the foreign court null and void.

To explain it in simple words:

“A” files suit against “B”, a foreign national in India. Meanwhile “B” approaches a court in its country, and in the interim prays for an anti-suit injunction against “A” (which interim order stops “A” from instituting a suit against “B” in India). “B” is successful in obtaining this interim anti-suit injunction in its country against “A”. Now the effect of this order would be to stop “A” from initiating any parallel legal proceedings against “B” in India, until the suit “B” instituted in its country reaches its   logical conclusion. Nevertheless “A” dauntlessly knocks on the doors of the court in India for an interim anti-anti-suit injunction (an interim order stating that the anti-suit injunction will not be applicable). And if the court in India grants this anti-anti suit injunction to “A”, and reject the    anti-suit injunction obtained by “B” from the court in its county, then both parties time travel back to the inceptive position in the entire litigation, i.e. “A” has filed a suit against B in India, nothing more, nothing less. The parties also run the risk of obtaining anti-suit injunctions against each other. If such an occurrence were to take place, both parties would be thwarted from initiating or proceeding with any litigation against the other in its country, leading to a stalemate.

The first such case where an anti-anti-suit injunction was passed pertained to disputes between Lenovo and Motorola/IPCom relating to imposition of Fair Reasonable and Non Discriminatory (FRAND) terms for grant of mobile patents. In this context, the US courts granted Lenovo an anti-suit injunction, while the courts of Paris granted Motorola/IPCom an anti-anti-suit injunction preventing the US courts from proceeding any further.

Similar anti-anti-suit injunction was passed by German Courts and English Courts as well. Even though the law in respect of anti-anti suit injunctions is still in its infancy in India, they have been granted by the Delhi High Court and the Calcutta High Court as well.

Conclusion: Anti-suit injunction is a powerful tool to enforce a decision on jurisdiction. Despite, no law providing for an anti-suit or an anti-anti-suit injunction, the general equitable jurisdiction of granting an injunction   encompasses the authority to grant an anti-suit or an anti-anti-suit injunction. Such an injunction is issued only in the most extreme of cases where the refusal of the injunction may result in palpable and gross    injustice in the meanest sense.

What is Domain Name?

Domain name is an address of a website that is intended to help web users easily finds a person or business or organization, online. Almost all businesses today have a domain name registered and involve in promoting the same amongst its customers. Domain names often end up becoming a brand in itself and must be trademarked to prevent misuse.

What is Cybersquatting?

The term Cybersquatting refers to the unauthorized registration and use of Internet domain names that are identical or similar to trademarks, service marks, company names, or personal names.

Cybersquatting is an offence related to the registration of a domain name by an entity that does not have an inherent right or identical trademark registration in its favour, with the sole intention to sell them to the legitimate user in order to earn illegal profits. Hence, Cybersquatting has become one of the problems faced by many online businesses with popular domain names.

Cases involving Cybersquatting in India:

One of the options available against cybersquatters in India is litigation in a court of law. The court in India has also issued various injunction restraining cybersquatters from misusing domain names.

In the case of Rediff, the Bombay High Court granted an injunction restraining the defendant from using the domain name “RADIFF” or any other similar name, as it was held that when both domain names are considered, there is every possibility of internet users being confused and deceived into believing that both domain names belong to one common source and connection. Also in the case of Naukri.com, “Naukari.com” was held to be confusingly similar to that of the plaintiff, “naukri.com”, with a different spelling variant establishing prima facie inference of bad faith.

Uniform Domain Name Dispute Resolution Policy (UDRP)

Internet Corporation for Assigned Names and Numbers, a domain name regulatory authority has adopted a Uniform Domain Name Dispute Resolution Policy (UDRP) for dealing with cybersquatting. UDRP is incorporated into the domain registration agreement and sets the terms and conditions in connection with a dispute between the registrant and any party other than the registrar over the registration and use of an Internet domain name. The UDRP has guidelines for resolving cybersquatting and while registering a domain name, the registrant agrees to submit to proceedings commenced under Internet Corporation for Assigned Names and Numbers, Uniform Domain Name Dispute Resolution Policy.

.IN Dispute Resolution Policy (INDRP)

The .in top-level domain is operated under the authority of National Internet Exchange of India or NIXI. Hence, domain name or cybersquatting disputes pertaining to .in domains are handled by the .IN Dispute Resolution Policy and the INDRP Rules of Procedure. As per INDRP, any Person who considers that a registered domain name conflicts with his legitimate rights or interests may file a complaint to the .IN Registry on the following premises:

1. the Registrant’s domain name is identical or confusingly similar to a name, trademark or service mark in which the Complainant has rights;
2. the Registrant has no rights or legitimate interests in respect of the domain name; and
3. the Registrant’s domain name has been registered or is being used in bad faith.

CONCLUSION:

Cybersquatting has become a lucrative online practice that may negatively affect the reputation of well-established commercial brands. The owners of such brands may face legal challenges related to overcoming their cybersquatting issues. Although domain name disputes related to cybersquatting and related practices can be resolved in a timely and affordable manner through UDRP and INDRP procedures, preventive measures can save trademarks owners the fees for initiating such procedures.

INTRODUCTION:

A “Real Estate Agent” is an individual who works on the behalf of someone else in the matters related to real-estate transaction, and is profited with expenses for the services expanded. Property dealers, middlemen, brokers can be considered as real estate agents. Their primary job of real estate agents is to crack a deal on the sale of plot, land, building, and apartments. Under the RERA Act appropriate in India, all realtors must get a RERA registration for Agents. Besides, the law has provided for numerous benefits for the purchaser as well as the builders and agents. The Act aims to curb unnecessary delays in possession delivery and ensure transparent transactions. Also, mandatory RERA registration for agents curtails or aims to check their unprofessional behaviour at times. This not only benefits the buyer but also help the brokers to build a credibility and attract potential customers.

According to RERA act 2016, RERA registered agents has the authority to deal the real estate sector. They legally can indulge in the process of selling and purchasing of real estate properties which are registered under section 3 of the act.

The Section 2(zm) of the act defines “Real Estate Agent–

“It means any person who negotiates or acts on behalf of one person in a transaction of transfer of his plot, apartment or building, as the case may be, in a real estate project, by way of sale, with another person or transfer of plot, apartment or building, as the case may be, of any other person to him and receives remuneration or fees or any other charges for his services whether as commission or otherwise and includes a person who introduces, through any medium, prospective buyers and sellers to each other for negotiation for sale or purchase of plot, apartment or building, as the case may be and includes property dealers, brokers, middlemen by whatever name called.”

Section 9 of the Act talks about registration of the Real Estate Agent :

If you are an agent looking for RERA real estate registration, you must know the following:

(1) No real estate agent can facilitate the sale/purchase of properties in real estate projects registered u/s 3 of the Act without obtaining registration under section 9.

(2) Every real estate agent shall make an application to the Authority for registration in such form, manner within such time and accompanied by such fee and documents as may be prescribed in respective State’ s rules. The Authority shall grant a single registration to the real estate agent for the entire State or Union territory.”

The RERA Act has given State Governments the authority to draft rules and guidelines relating to RERA registration for real estate agents.

Impact of RERA on Real Estate Sector

The RERA registration means transparency in the real estate industry and home buying process. Below mentioned are the impact that the Act has on the Real estate sector:

• All projects exceed an area of 500 sq. Mt. or is more than eight apartments must be registered with the respective state Real Estate Regulatory Authority.
• Also, it is compulsory for builders to deposit 70% of the project amount collected from the homebuyers in bank accounts through cheques. Also, it means the builders can no longer engage in fraudulent transactions or money laundering.
• There has to be a sale agreement between all builders and homebuyers as prescribed

Benefits of RERA Registration for Agents

One cannot deny the advantages of undergoing RERA agent registration. If you are working as a property broker, the registration will enhance your credibility before the buyers and you will generate more clients than before. A real estate venture that must be registered under the RERA Act can be managed distinctly by a real estate agent having RERA registration. RERA registration is required to publicize, market, book, sell or offer available to be purchased, or welcome people to buy in any plot, condo or building.

Plots and apartments that are exempted from the requirements of RERA Registration:

• Land area under development process should not exceed 500 square metres.
• Number of plots to be constructed under the project should not exceed eight.
• Any kind of renovation activity or repair which is conducted without any marketing, advertising, selling of any apartment, building or plot.

Documents agent need at the time of registration

RERA registered means that the Real Estate Regulatory Authority has granted you permission to conduct the real-estate transactions. Here are the documents you require for your RERA Agent Registration:

• Name of the agent as mentioned in the PAN card
• Authentic address of the agent
• Contact Details
• A passport size photograph of the agent
• Information related to his enterprise such as name, registered address
• Specific details stating the type of organization such as Partnership firm, Proprietorship firm, Private Limited, Public Limited or LLP with a registration number

Functions of Real Estate Agent

• Not encourage the deal or acquisition of any plot, loft or building, in a real estate project or some portion of it, being sold by the promoter in any planned area, which Authority does not cover under the registration,
• Keep up and safeguard such books of record, records, and documents as might be recommended,
• Not include himself in any out of line trade practices
• Encourage the ownership of all the data and records, as the allottee, is qualified for, at the time of booking of any plot, loft or building,
• Discharge such other functions as may be prescribed

Registration Procedure of RERA Agent Registration

For RERA registration, an application form will be recorded alongside expense and important documents.

• Once you filed the application, regulator will issue a registration number which is mentioned in the documents that are concerned to the sale of the property.
• Books of accounts, records and other exchange related documents are required to be kept up on a quarterly premise.
• You need to give definite data and reports in regards to the venture you entered with the purchaser.
• While recording an application, you should know that the agent might be suspended if there should arise an occurrence of deception of facts or extortion at the time RERA registration.

RERA Registration Fees for Real Estate Agent under RERA

• Amount of ten thousand, if there should be an occurrence of a candidate being a person.

• Rupee one lakh, if there should be an occurrence of a candidate is an entity not enlisted under Companies Act 2013 or
• Rupees Twenty – Five lakhs, if there should be an occurrence of a candidate, is a body corporate, registered under the Companies Act, 2013, will be paid as fees to the authority for getting a registration.
• The charge will be paid to the authority through NEFT or RTGS System at the time of filling of the online application or through a compensation request or demand draft payable at the leader of the Authority and drawn on any planned bank alongside an application, at the time of presenting such application.

Validity for Registration

• RERA registration for agents remain valid for a time being of one year or more depending on the amount of fee paid. Agent can renew their registration at the end of its period.
• In case of any misrepresentation, fraud or breach authority posses the right to revoke the agent’s registration at any time.

Compliances every Real Estate Agent should be aware of

• To make sure that the real estate property is registered with the respective state RERA.
• To make sure all the papers or documents or data required in the arrangement has been given to allottee.
• Try not to give any bogus guarantee or false commitment.
• Try not to include in any sort of misbehavior

Penalty For Non-Registration And Contravention Of Provisions:

Under the RERA Act if any Agent fails to comply or contravenes the provisions relating to registration or functions, he/she shall be liable to a penalty of Rs. 10,000/- per day during which the default continues. The said penalty may extend up to five per cent of the cost of plot, apartment or buildings of the real estate project for which the sale or purchase has been facilitated.

The online RERA registration for agents is an easy process. You can complete it by yourself. However, if you are unsure, you can take some professional help and get it done.

Right to Education:

Education is a fundamental human right and essential for the exercise of all other human rights. It promotes individual freedom and empowerment and yields important development benefits. Yet millions of children and adults remain deprived of educational opportunities, many as a result of poverty.

Right to Education Act:

The Act is completely titled as “the Right of Children to Free and Compulsory Education Act”. It was passed by the Parliament in August 2009 and came into force in 2010. India became one among 135 countries where education is a fundamental right of every child.

The 86th Constitutional Amendment (2002) inserted Article 21A in the Indian Constitution which states:

“The State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State, may by law determine.”

As per this, the right to education was made a fundamental right and removed from the list of Directive Principles of State Policy to be included in fundamental rights.

The RTE is the consequential legislation envisaged under the 86th Amendment.

This Act makes it obligatory on the part of the government to ensure admission, attendance and completion of elementary education by all children falling in the age bracket six to fourteen years. Essentially, this Act ensures free elementary education to all children in the economically weaker sections of society.

Recent controversy during lockdown and pertaining to on line courses/exams:

The recent controversy can be duly answered if we indulge in joint reading of Article 21A of Constitution of India, RTE and judgment of S.C. of India in the case ofIndian School, Jodhpur & Ors. Vs. State of Rajasthan dated 3^rd May 2021; The principles laid down in the case of Indian School Jodhpur can be applied to other schools as well.  

1. Can a school stop students from attending on line class if fees are not paid?
   No.
   As per the para 117(iv) of Supreme Court judgment in the matter of Indian School, Jodhpur and Ors Versus State of Rajasthan and Ors, A School cannot stop students from attending online class if fees are not paid.
   
   117(iv):
   “The school Management shall not debar any student from attending either online classes or physical classes on account of non-payment of fees, arrears/outstanding fees including the installments, referred to above, and shall not withhold the results of the examinations of any student on that account”.
2. Can a school stop student from writing on line exam if fees are not paid?
   No.
   School cannot stop students from writing online exam if fees are not paid as per the Supreme Court Judgement Indian School, Jodhpur and Ors. Versus State of Rajasthan and Ors.
3. Can a school stop student from being promoted to higher class if fees not paid?
   School cannot stop student from being promoted to higher class if fees not paid.
4. Who in the school is responsible for indulging in above practices?
   The school management, trustee and Principal are responsible for practices such as not allowing the students to attend the online class or not allowing to write online exam for non-payment of school fees or for withholding the results.
5. What punishment can be given to school administration for including in above malpractices?
   Parents must approach the school and explain the inability to pay the fees due to lockdown and ask for the time and some concession in school fees. The school should consider the parents’ request. Even after the parent’s request school stop providing online class to the students then parents can give complaint to District inspector of schools. Complaint can also be filed with Maharashtra State Commission for Protection of Child Rights. 

Section 188 IPC deals with those disobeying an order passed by a public servant. The District Inspector of Schools is a public servant. The Section provides for imprisonment ranging from one to six months for disobeying the order.

Right to education is a fundamental right guaranteed under the Constitution of India. Punishment for violation of fundamental rights is decided by the court of law based on the grievance and on the rights. Sometimes monetary compensation is also provided to the complainant.

Conclusion:

In the light of what is stated above, it is clear and apparent that schools cannot stop a student from attending online class or appear for online exams for non-payment of school fees.

Normally a Criminal Trial has to travel through the following main stages from the lodging of F.I.R. till its judgment. The same are as under: –

1. FIR: Any person can launch prosecution against the person committing any legal wrong.  A complaint can be lodged orally which has to be reduced in to writing before the police station within whose jurisdiction an offence is committed.

2. Inquiry and Investigation: Police officer, after the receipt of the complaint under section 154 of the Code of Criminal Procedure, takes up the matter for investigation.
   If the Police Officer in-charge does not found any material in the complaint then he can register the complaint under section 155(2) of Code of Criminal Procedure and issues a receipt thereof to the complainant.
3. Upon registering the F.I.R. and during investigation, a Police Officer can arrest the suspect and take him for remand.  Soon after the arrest of the accused, the accused has to be produced before the nearest Magistrate within 24 hours from the time of his arrest, for authorizing further detention as contemplated under section 57 of Code of Criminal Procedure.
4. The Police Officer in-charge can ask for Police Custody of the accused under section 167 of Code of Criminal Procedure if the investigation cannot be completed within 24 hours. (Section 57 of Cr.P.C.)
5. The magistrate after considering the application can grant Police Custody to the Accused which shall not be more than fifteen days in the whole. If the magistrate does not fit it proper to grant police custody then the accused is taken in Magisterial Custody.  (Section 167 of Cr.P.C.)
6. Soon after the MCR, an accused can apply for grant of Bail, within the provisions of section 436, 437 and 439 of Code of Criminal Procedure.
7. During the investigation, a police officer in-charge can search, seize the material from the possession of accused, or elsewhere kept by the accused. ( Section 27 of Evidence Act )
8. After the completion of investigation, if the police officer found incriminating substance and prima facie case is made out, then he put up charge sheet against the accused.  If the offence is punishable with death, life or not less than 10 years imprisonment, then charge sheet is to be filed within 90 days.  Whereas the offence is punishable less than 10 years then charge sheet is to be filed within 60 days.  (Section 167 (2) (a) (i) and (ii) of Cr.P.C.
   Upon receipt of charge sheet under section 173 of Code of Criminal Procedure, the court can either accept the charge sheet and put the accused to trial or reject the charge sheet and discharge the accused.
   If upon the completion of investigation, the police officer does not find any prima facie case, then he can file a final report requesting discharge of accused.
   Upon receipt of the final report, the magistrate can either direct the police officer to re-investigate and file report or can issue notice to the complainant for hearing upon the final report requesting the discharge of accused.
   If the complainant is not satisfied with the final report requesting discharge of accused, he can move a protest petition and the accused can be tried independently.
9. On acceptance of charge sheet, the accused has to take necessary bail from the court and mater is posted for plea or charge as the case may be.  Whenever the offence is punishable with two years or less of punishment, then such cases are called as summons case and tried as summary trial within the exception of section 260 of Cr.P.C. and the rest of the matters are tried as summons case. (Section 239, 240 and 251 of Cr.P.C.)
10. On complying section 251 or 240 as the case may be, the matter is posted for evidence of the prosecution witness.  (Section 242 and 254 of Cr.P.C.)
11. Sometimes prior to commencement of evidence of prosecution the prosecution issues notice under section 294 of Cr.P.C. to admit documents to the accused.  By this way the evidence of the witnesses for which the document is admitted is curtailed during the trial.
12. Whenever the evidence is to be recorded, the court has to record the evidence as provided under section 274 of Cr.P.C. for summons case and section 275 of Cr.P.C. for warrant case.    For summary trial u/s 260 of Cr.P.C. the evidence is recorded as provided under section 263 of Cr.P.C.
13. After recording the evidence, the matter is posted for statement of accused under section 313 of Cr.P.C, wherein the incriminating evidence brought against the accused is explained to the accused.
14. Thereafter the matter is posted for evidence of the defense, if any.  If the accused does not desire to adduce his own evidence or any other evidence in his defense then matter is posted for Arguments. (Section 314 of Cr.P.C. for arguments)
15. After the completion of arguments the matter is posted for judgment.  If there is a judgment of acquittal in summons case then it is to be given under section 255(1) of Cr.P.C. and conviction under section 255(2) of Cr.P.C.
16. Similarly the judgment of acquittal in warrant cases are given under section 248(1) of Cr.P.C. and conviction under section 248(2) of Cr.P.C.
17. If the conviction is given, then the copy of the judgment is to be provided to the accused forthwith free of cost.
18. In case of sentence the magistrate is empowered to pass the sentence up to three years and fine not exceeding Rs. 10,000/- (Rupees Ten Thousand Only). Similarly the CJM can pass sentence up to 7 years.  (Section 29 of Cr.P.C.)
19. The sentence of imprisonment in default of payment of fine can be given not exceeding 1/4th of the sentence which magistrate can inflict as punishment.  (Section 30 of Cr.P.C.)
20. The magistrate can also award compensation to the complainant while recording the judgment of conviction. (Section 357(1) and 357 (2) of Cr.P.C.)
21. If the accused has undergone any detention during the period of investigation and trial then while convicting him, a set off can be given under section 428 of Cr.P.C.)
22. Upon conviction, accused can request for suspension of sentence under section 389 (3) of Cr.P.C.
23. In view of section 437-A of Cr.P.C. accused has to submit bail bonds to appear before the next appellate court.

Injunction means the orders of the Court directing a party to the proceedings to do or not to do certain act. It may be issued only against a party and not against a stranger or 3rd party. There are various kinds of injunction and it can be perpetual or temporary.

Preventive Relief is granted at the discretion of the court by injunction, Temporary or Perpetual. A party who asks for an injunction must be able to satisfy the court that his dealing of the matter had been fair, honest and free of any fraud or illegality. The Discretion in granting or refusing injunction must be exercised judicially and not arbitrarily. Section 36 of the Specific Relief Act states that Preventive relief is granted at the discretion of the court by way of injunctions, temporary or perpetual.

Following are the kinds of injunction:

As per the Specific Relief Act, an injunction is a sufficient legal remedy that refrains or compels a person to do a particular act. The Act specifically informs about permanent injunction. The following are the different types of injunction in specific relief act:

1. Prohibitory Injunction

2. Mandatory Injunction

3. Temporary Injunction

4. Perpetual Injunction

Prohibitory And Mandatory injunctions:

As stated earlier, the Specific Relief Act mentions different types of injunction. One of them is Prohibitory Injunction while the other one is Mandatory Injunction. Though similar to each other, there is a thin line difference between Mandatory and Prohibitory injunction. The category of injunction that forbids or prohibits the commission or continuance of an act like an act of trespass etc is called a prohibitive (or prohibitory) injunction. As the most common form of injunction, this restrains the defendant from committing a specified act. It is the most common form of injunction.

A mandatory injunction is an order that requires the defendant to act positively. The relief of mandatory injunction is a discretionary relief and can be granted in the circumstances specified under section 39 of the Specific Relief Act, 1963.

Section 39 of The Specific Relief Act deals with the relief of Mandatory

Injunction, it states as under: “When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.”

Mandatory Injunction can be granted under following circumstances:

Amongst different kinds of injunction Specific Relief Act, the Mandatory Injunction requires the plaintiff to fulfil the following grounds for its application:

1. There must be an obligation on part of the defendant to perform certain acts the breach of which, must be alleged by the Plaintiff.

2. Such relief must be enforceable by the court

Interlocutory Mandatory Injunctions:

The injunctions that the court grants during the interim or trial stage of a case to prevent the defendant from performing certain acts is called interlocutory injunction. Hence, by the order of interlocutory mandatory injunction, the court directs the parties to the suit to maintain status quo until the final judgement is made. This interim order of injunction will preserve/restore the status quo of the last non-contested status which preceded the pending controversy until the final hearing when full relief may be granted or to compel the undoing of those acts that have been illegally done or the restoration of that which was wrongfully taken from the party complaining.

The Hon’ble Apex Court laid down the guidelines for granting Interlocutory Mandatory Injunctions in Dorab Cawasji Warden vs Coomi Sorab Warden & Ors. “The relief of interlocutory mandatory injunctions are thus granted generally to preserve or restore the status quo of the last non-contested status which preceded the pending controversy until the final hearing when full relief may be granted or to compel the undoing of those acts that have been illegally done or the restoration of that which was wrongfully taken from the party complaining. But since the granting of such an injunction to a party who fails or would fail to establish his right at the trial may cause great injustice or irreparable harm to the party against whom it was granted or alternatively not granting of it to a party who succeeds or would succeed may equally cause great injustice or irreparable harm, courts have evolved certain guideline.

Temporary and Perpetual Injunctions:

Temporary injunctions are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Provisions under Order XXXIX of Code of Civil Procedure, 1908.

A perpetual 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 would be contrary to the rights of the Plaintiff. An interim relief is granted to a person on the footing that, the person is prima facie entitled to the right on which is based the claim for the main relief as well as the interim relief. Perpetual injunction can be granted to prevent the breach of an obligation existing in favour of the Plaintiff whether expressly or by implication.

As under Section 38 of The Specific Relief Act, Perpetual injunction can be granted under following circumstances:

(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the Plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.

(2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.

(3) When the Defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:

(a) where the defendant is trustee of the property for the Plaintiff;

(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;

(c) where the invasion is such that compensation in money would not afford adequate relief;

(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Conclusion:         To sum up succinctly, injunction is an order of Court by which an individual is required to perform, or is restrained from performing, a particular act. It is judicial process. The courts exercise their power to issue injunctions judiciously, and only when necessity exists. An injunction is generally issued only in cases where irreparable injury to the rights of an individual would result otherwise. It should be readily apparent to the court that some act has been performed, or is threatened, that will produce irreparable injury to the party seeking the injunction. An injury is generally considered irreparable when it cannot be adequately compensated by an award of damages. The pecuniary damage that would be incurred from the threatened action need not be great, however. If a loss can be calculated in terms of money, there is no irreparable injury. The consequent refusal by a court to grant an injunction is, therefore, proper. Loss of profits alone is insufficient to establish irreparable injury. The potential destruction of property is sufficient. Injunctive relief is not a matter of right, but its denial is within the discretion of the court. Whether or not an injunction will be granted varies with the facts of each case.

Injunction is no doubt a complex topic under the civil law. It involves intricate provisions and rules, and is difficult for people to understand. Hence, the best option is to seek professional guidance to ensure best legal remedy.

“Gift” — “Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

Acceptance when to be made:- such acceptance must be made during the lifetime of the donor and while he is still capable of giving.

If the donee is dies before acceptance, the gift is void.

Subsequent requirements:

The subsequent requirements of section 122 of Transfer of Property Act are:

1. The Doner must transfer ’property’ which is the subject matter of the gift, voluntarily and without consideration.
2. The Donee must accept it during the life time of the donor or while donor’s competence to give exists.
3. The mode of transfer by gift is prescribed under section 123 of the Act.
4. No special mode of delivery of possession is specified. On the other hand, it is indicated that the delivery may be made in such a way, as the goods sold are delivered.

Distinction between Testamentary bequest and gift

A Testamentary bequest is revocable as the interest contemplated therein is intended to pass only after the lifetime of the testator, while a settlement of a gift, which comes into operation immediately is irrevocable. Even if the will contains a clause that it is not revocable the law makes it revocable, where as in gift or settlement if there is a clause that the settler or donor can revoke it, still it will remain irrevocable under the law, because the donee obtains his interest in the property on the execution of the document itself. Similarly the caption or nomenclature given by the parties to the transaction is again not decisive of the question as to whether it is a ‘will’ or a ‘gift’.

A Gift to be valid when accepted

A gift to be valid must have been accepted by the donee during the lifetime of the donor and while he is still capable of giving.

But under the Transfer of Property Act acceptance must be expressed or implied. Acceptance thus is an essential factor of validity of a gift and has to be proved or made out by the person relying on it.

GIFT-without Consideration

Section 122 of the Transfer of Property Act clearly postulates that a gift must have two essential characteristics, that

• it must be voluntarily and
• it should be without consideration.

This is apart from other ingredients like acceptance etc.  

Transfer with consideration is not a gift

The word consideration used in section 122 of the Transfer of Property Act, 1882 is used in the same sense as the term is defined in the Indian Contact Act, 1872. Consideration means something which is of some value in the eye of law.  It must be real and not illusory whether adequate or not, adequacy being a matter purely for the contracting parties to decide and agree upon. So long as consideration is not unreal, it is sufficient, if to be of slight value only where the transaction is made for some consideration, it does not constitute a gift but it is amount to an alienation for value.

Registration cannot dispense with delivery of possession

Registration cannot dispense with one of the essential requirement of a valid gift namely delivery of possession.  

With regards to section 17 of the Registration Act of 1908, it is mandatory to register a gift deed with the sub- registrar in order for it to be valid. Conversely, section 123 of the Registration Act 1908 renders an unregistered gift deed as invalid.

Can a Gift Deed be revoked/canceled? 

A gift once made and registered with due process of law cannot be revoked. After the acceptance, it becomes the property of the donee. The donor cannot independently revoke the deed. Also, in a deed where the parties have agreed that the deed shall be revocable in part or whole, by the mere will of the donor, is not a valid Gift Deed. 

However, under Section 126 of the Transfer of Property Act, 1882 there are certain grounds when gifts can be revoked. The revocation in itself incorporates the cancellation of the Gift Deed and the possession of the property is returned to the donor. The grounds are –

• If there is an agreement between the donor and donee, that if certain specified events happen or do not happen, the gift shall be revoked. The point to note here is that the occurrence of such an event should not be controlled by the donor. And both parties must have agreed to such a condition in terms of the Gift Deed.
• The conditions stipulated should not be immoral, illegal or reprehensible to the property.
• In case of Thakur Raghunathjee Maharaj v. Ramesh Chandra, Hon’ble Supreme Court state that “even though a condition is not laid down in the Gift Deed itself, and has been provided under a mutual agreement separately but forms part of the transaction of the gift, the condition would be valid and enforceable”.
• Another instance, when a gift can be revoked is, if they violate Section 19 of the Indian Contract Act, 1872 which says “Where consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so obtained”.

So if the gift was made by obtaining consent on the above grounds it can be revoked. And in case, the donor dies, his heirs have the right to file for revocation of the deed.

Keep in mind that gift deed is not for the minors and Minors cannot be Donors. The minors cannot enter into the contract; hence, they cannot transfer a property to another person. However, the same law has a different proposition for donee in this context. If a donee is a minor, then his/her guardian on his behalf can accept the gift. The guardian will continue to follow the Procedure for Gift deed registration and adhering sole responsibilities being the owner of the property until the donee becomes an adult.

Case Law:- The law that it is not necessary for the validity of a deed of gift that it should be registered by the donor himself. In Bhabotosh vs. Soleiman reported in 33 Cal 584, a Hindu man executed a deed of gift in favour of his wife and died, and the deed was subsequently registered at the instance of the widow-donee. Validity of the deed of gift was challenged on the ground that it was registered subsequent to the death of the donor. The Court held that subsequent registration of a deed of gift after the death of the donor at the instance of the donee did not offend the provisions of Section 123 of the Transfer of Property Act. The post-mortem registration of a deed of gift by the legal representative of the donor has the same effect as its registration by the donor himself during his lifetime.