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CHAPTER – 01INTRODUCTION 1.1 BACKGROUND OF STUDY“The foremost duty of the Criminal Justice System is to provide fair and speedy justice to the victims of the crime and their families. The right to free, fair, and speedy trial is a basic inalienable human right implicit under Article 21 of the Constitution of India. Fairness in the criminal justice process must be ensured both individually and collectively. This can be achieved by enhancing crime detection and prosecution methods through the integration of forensic science techniques. Forensic science encompasses a wide range of disciplines, each with significant applications in criminal justice. One crucial area within forensic science is forensic psychology. This study focuses specifically on forensic psychology and its role in the administration of criminal justice.”“The field of forensic psychology is broad, encompassing five key branches: legal psychology, criminal psychology, correctional psychology, police psychology, and victimology and victim services. Legal psychology addresses psychological aspects within legal contexts. Criminal psychology focuses on crime and delinquency. Correctional psychology deals with psychological services in correctional settings. Police psychology involves the use of psychological services for selecting police candidates, managing stress, and addressing emotional issues experienced by officers and their families. Lastly, victimology and victim services support victims through psychological interventions and services.” “Forensic psychology has significant applications across pretrial, trial, and post-trial stages, with its primary impact in the pretrial investigation phase. It evaluates an individual's competence to stand trial and assists the court in determining whether the person should be treated as an adult or juvenile, and if they are sane or insane. It also influences decisions on the appropriateness and severity of punishment or alternatives to punishment. Forensic psychologists often serve as expert witnesses in court.[1] Crucially, they aid in interrogations of suspects, victims, and witnesses to uncover the truth and gather background information on crimes, helping to exonerate the innocent and prosecute the guilty. Forensic psychology tests enhance the reliability of circumstantial evidence and corroborate other evidence during trials. It's essential to ensure that evidence from these tests meets international standards for fair trials to be admissible[2].” STATEMENT OF PROBLEM“The intersection of jurisprudence and forensic psychology within the context of criminal justice presents a complex landscape, particularly concerning the evidentiary value attributed to psychological assessments and insights in India. Despite the growing recognition of forensic psychology's significance in criminal proceedings, there exists a dearth of comprehensive understanding and systematic exploration of its jurisprudential implications within the Indian legal framework. This research aims to address the key problem areas. There is a lack of a comprehensive theoretical framework that integrates principles of jurisprudence with the practical application of forensic psychology in the Indian criminal justice system. This deficiency hinders the establishment of clear guidelines for the admissibility, interpretation, and weight given to psychological evidence in legal proceedings. The criteria for the admissibility of forensic psychological evidence in Indian courts remain ambiguous and inconsistently applied. This ambiguity poses significant challenges to legal practitioners, forensic psychologists, and judges in determining the reliability and relevance of psychological assessments and expert opinions in criminal cases. Communication gaps between legal professionals and forensic psychologists impede the effective utilization of psychological evidence in legal proceedings. The lack of mutual understanding and collaboration between these disciplines contributes to misunderstandings, misinterpretations, and potential miscarriages of justice[3]. The applicability and relevance of Western-centric forensic psychological theories and methodologies in the Indian context raise concerns regarding cultural sensitivity, validity, and reliability. It is imperative to explore how cultural factors influence the interpretation and utilization of psychological evidence within the Indian criminal justice system. The absence of standardized ethical and professional guidelines specific to the practice of forensic psychology within the Indian legal system underscores the need for a critical examination of existing practices and the formulation of ethical standards that safeguard the rights and well-being of all stakeholders involved.”“Addressing these problem areas is crucial for advancing the understanding of the jurisprudence of forensic psychology in criminal justice in India and fostering the development of informed policies, practices, and procedures that uphold the principles of justice, fairness, and accountability.” 1.2 REVIEW OF LITERATURESingh, R. (2019). "Admissibility of Expert Evidence in Criminal Trials: An Indian Perspective." This study investigates the legal framework governing the admissibility of expert evidence, including forensic psychological assessments, in Indian criminal trials. It discusses the criteria used by Indian courts to evaluate the reliability and relevance of such evidence, highlighting challenges and areas for improvement[4].Sharma, A. (2018). "Jurisprudential Evolution of Forensic Psychology: A Critical Analysis." Sharma's work provides a critical analysis of the jurisprudential development of forensic psychology within the context of criminal justice. It traces the historical evolution of forensic psychology in India and examines the impact of legal precedents and legislative reforms on the admissibility and interpretation of psychological evidence in Indian courts[5].Verma, S. (2019). "Cultural Considerations in Forensic Psychological Assessments: Implications for Indian Criminal Justice." This study explores the influence of cultural factors on the interpretation and applicability of forensic psychological assessments in Indian criminal justice proceedings. It discusses the need for culturally sensitive approaches to forensic psychology and highlights the challenges posed by cross-cultural differences in understanding behavior and mental health[6].Patel, K. (2021). "Expert Testimony and Judicial Decision-making: A Case Study Analysis in Indian Criminal Courts." Patel's research offers a case study analysis of judicial decisions involving expert testimony, including forensic psychological evidence, in Indian criminal courts. It examines factors influencing judicial decision-making and the role of forensic psychology in shaping legal outcomes[7].Joshi, P. (2018). "Ethical Challenges in Forensic Psychology Practice: Perspectives from India." Joshi's study explores ethical challenges encountered by forensic psychologists in India and discusses the need for standardized ethical guidelines and professional standards. It examines issues such as confidentiality, informed consent, and conflicts of interest in the practice of forensic psychology within the Indian legal context[8].1.3 RESEARCH GAP “Despite the growing recognition of the importance of forensic psychology within the criminal justice system in India, there exists a significant research gap in understanding the nuanced jurisprudential implications of forensic psychological evidence, particularly concerning its evidentiary value and admissibility standards.” “Existing literature has addressed various aspects of forensic psychology in the Indian context, but several gaps persist.” “While there is a body of literature examining the application of forensic psychology in criminal justice settings in India, there is a notable gap in research specifically focusing on the jurisprudential aspects. Few studies comprehensively explore the legal standards of admissibility and reliability criteria for forensic psychological evidence and their interpretation within Indian courts.””Despite the theoretical discussions surrounding the use of forensic psychological evidence in legal proceedings, there is a scarcity of empirical studies providing quantitative insights into the prevalence, patterns, and outcomes of forensic psychological assessments in Indian criminal cases. This gap hinders a comprehensive understanding of the practical implications and challenges faced in courtroom settings. While fairness and due process are fundamental principles of criminal justice systems worldwide, there is a dearth of research specifically examining how the admissibility and utilization of forensic psychological evidence in India align with fair trial principles. Understanding whether and how forensic psychological evidence may impact the right to a fair trial is crucial for ensuring procedural justice. With the increasing reliance on forensic psychological assessments in legal proceedings, there is a pressing need for research addressing the regulatory gaps and guidelines governing the investigative and evidentiary use of forensic psychological tests in India. Existing literature lacks comprehensive discussions on the development and implementation of regulatory frameworks to ensure ethical and accountable practices. While some studies acknowledge the influence of cultural factors on forensic psychological assessments, there remains a gap in research specifically examining how cultural and contextual considerations impact the interpretation and admissibility of forensic psychological evidence within the Indian legal system. Understanding cultural nuances is essential for ensuring the validity and fairness of forensic psychological practices. Addressing these research gaps is essential for advancing scholarly understanding and practical application of forensic psychology within the Indian criminal justice system. By filling these gaps, future research can contribute to the development of informed policies, practices, and procedures that uphold the principles of justice, fairness, and accountability.” 1.4 RESEARCH OBJECTIVES “The primary objective of this research thesis is to critically examine the jurisprudence of forensic psychology within the framework of criminal justice in India, with a specific focus on the evidentiary value attributed to forensic psychological evidence in courtrooms.” The research aims to achieve the following objectives i. To evaluate legal standards of admissibility applied to forensic psychological evidence in India, particularly concerning the interpretation and utilization of such evidence in court proceedings ii. To investigate the extent to which these legal standards ensuring fair trial, as adopted by common law countries, are satisfied in the Indian context when dealing with forensic psychological tests. iii. To analyze whether forensic psychological evidence satisfies the admissibility and reliability criteria outlined in legal standards, ensuring the right to a fair trial for individuals involved in criminal proceedings in India. iv. To identify the need for proper regulation of the investigative and evidentiary use of forensic psychological tests in India, considering factors such as ethical standards, professional guidelines, and procedural safeguards to uphold the principles of fairness, justice, and accountability in the criminal justice system.“By addressing these research objectives, this study seeks to contribute to a deeper understanding of the jurisprudential challenges and opportunities associated with the use of forensic psychological evidence in Indian criminal justice, ultimately aiming to inform policy, practice, and regulatory frameworks to ensure the protection of individuals' rights and the integrity of legal proceedings.” 1.5 RESEARCH QUESTIONS i. What are the legal standards of admissibility adopted by India in interpreting forensic psychological evidence in courtrooms? ii. To what extent are these legal standards ensuring fair trial satisfied in the Indian context when dealing with forensic psychological tests? iii. How does forensic psychological evidence in India adhere to the admissibility and reliability criteria outlined in legal standards, ensuring the right to a fair trial for individuals involved in criminal proceedings? iv. Are there instances where evidence based on forensic psychological tests in Indian courts may violate the right to a fair trial by falling within evidentiary barriers regarding the admission of relevant evidence? v. What are the regulatory needs concerning the investigative and evidentiary use of forensic psychological tests in India, and how can these needs be addressed to uphold the principles of fairness, justice, and accountability in the criminal justice system?1.6 SCOPE OF STUDY“The study will be beneficial for improving the investigation mechanism of our criminal justice system by examining the jurisprudential aspects of forensic psychology within the Indian legal framework. The study will provide an in-depth understanding about the importance of criminal investigation and the role of scientific tools and techniques to make such investigation more accurate and effective. The research will encompass an in-depth analysis of legal standards of admissibility and fairness as adopted by common law countries, with a specific emphasis on their applicability and implementation in India. The study will examine various forms of forensic psychological evidence, including but not limited to assessments, expert opinions, and evaluations, within the context of criminal justice proceedings in India. Analysis will be conducted on the adherence of forensic psychological evidence to admissibility and reliability criteria outlined in legal standards, ensuring the right to a fair trial. The research will investigate instances where evidence based on forensic psychological tests may potentially violate the right to a fair trial, focusing on evidentiary barriers and implications for legal proceedings. The study will identify regulatory gaps and provide recommendations for proper regulation of the investigative and evidentiary use of forensic psychological tests in India, aiming to enhance fairness, justice, and accountability in the criminal justice system. While primarily focusing on legal and forensic psychological perspectives, the study may also draw insights from related disciplines such as criminology, sociology, and ethics to provide a comprehensive understanding of the research topic. The study will consider relevant literature, cases, and developments up to the present time, with a focus on recent jurisprudential trends and emerging issues in the field of forensic psychology in criminal justice in India.” 1.7 LIMITATIONS OF THE STUDY“There is hardly any research study without limitation and similarly this research too has some limitations. Despite efforts to provide a comprehensive overview, the study may not cover every aspect of forensic psychology in criminal justice exhaustively due to the broad scope of the topic. Certain niche areas or specific subtopics within forensic psychology and legal jurisprudence may receive less attention. Access to certain legal documents, case files, or empirical data relevant to forensic psychology practices in India may be restricted, limiting the depth of analysis in some areas. This could potentially result in gaps in the empirical foundation of the study. The findings and conclusions drawn from the study may not be universally applicable beyond the context of India or the specific legal and cultural framework examined. Factors such as cultural differences, variations in legal systems, and regional practices may limit the generalizability of the research findings. While the study aims to adopt an interdisciplinary approach by integrating legal and forensic psychological perspectives, navigating the complexities of multiple disciplines may present challenges. Ensuring coherence and clarity in synthesizing insights from diverse fields could be demanding. Given the dynamic nature of legal systems and evolving practices in forensic psychology, the study's findings may be subject to temporal limitations. New legislation, judicial precedents, or advancements in forensic psychological techniques occurring after the study's completion may not be fully captured. Despite efforts to maintain objectivity, researcher bias or subjectivity may inadvertently influence the interpretation of findings or the formulation of recommendations. Conscious efforts will be made to mitigate bias through rigorous research methods and critical reflection. Language barriers and cultural nuances inherent in legal documents, scholarly literature, or forensic psychological assessments may pose challenges, particularly in the context of research conducted in India. Translation issues or cultural differences in legal terminology may affect the accuracy of analysis. Ethical considerations related to the sensitive nature of forensic psychological assessments and legal proceedings must be carefully navigated. Ensuring confidentiality, privacy, and informed consent while conducting research in this field is paramount, which may pose logistical or ethical challenges. The availability of time, funding, and other resources may impose limitations on the extent of data collection, analysis, and research activities. These constraints could impact the depth and breadth of the study's investigation and may influence the feasibility of certain research methodologies.” 1.8 RESEARCH METHODOLOGY“The methodology adopted for present research is doctrinal and empirical in order to find answers to the research question, to attain research objectives, and for testing the hypothesis formulated. The study will employ a mixed-methods research design, integrating qualitative and quantitative approaches to provide a comprehensive understanding of the jurisprudence of forensic psychology in criminal justice in India. This will involve both qualitative analysis of legal documents, case law, and scholarly literature, as well as quantitative analysis of empirical data, if available. Legal documents such as statutes, case judgments, and legal precedents will be analyzed to understand the legal standards and practices regarding the admissibility of forensic psychological evidence in Indian courts. Scholarly literature from legal and forensic psychology journals will also be reviewed to gather insights into theoretical frameworks, case studies, and jurisprudential discussions. Primary sources include the Constitution, legislation, and case laws from India, the USA, the UK, and other common law countries like Canada, Australia, and New Zealand, as well as rulings from International Courts and relevant international instruments. Secondary sources encompass books, journal articles, conference papers, web articles, magazines, and newspaper reports. If applicable, quantitative data related to the use of forensic psychological evidence in criminal cases in India may be obtained from official records, judicial databases, or empirical studies. This data may include statistics on the frequency of forensic psychological assessments, their outcomes, and their impact on legal proceedings. Thematic analysis will be conducted on qualitative data obtained from legal documents, case studies, to identify recurring themes, patterns, and insights related to the research questions. Ethical guidelines will be followed throughout the research process and any sensitive information obtained from legal documents will be handled with utmost discretion and respect for ethical principles.” CHAPTER – 02FORENSIC PSYCHOLOGY IN CRIMINAL JUSTICE: AN OVERVIEW 2.1 INTRODUCTION“In India, criminal activity is regarded as a significant societal concern. With each passing year, the incidence of crime is escalating, resulting in detrimental impacts on individuals, institutions, and governmental security entities. To mitigate such occurrences, various methodologies have been implemented, including forensic odontology, criminal profiling, forensic psychology, among others. The application of these methodologies is contingent upon factors such as the intricacy of the crime, the characteristics of the evidence, and the extent of forensic technological advancement[9]. In this context, the ensuing discussion will delineate the pivotal role played by forensic psychology in comprehending criminal behavior.”“The origins of psychology trace back to 1879 when the first dedicated research laboratory was established in Leipzig, Germany, marking the inception of systematic psychological inquiry. Consequently, for as long as psychology has existed, its application in crime management and the reduction of criminal activity has been evident[10]. The pervasive existence of crime across societies since ancient times, coupled with the persistent challenge of controlling its prevalence, suggests an inherent inclination towards criminal behavior within human nature. Hence, it is imperative to address and eradicate the underlying causes of crime within society.Psychology entails the systematic examination of behavioral patterns and cognitive functions exhibited by both humans and animals, conducted through empirical research methods within a scientific framework.”“The term "forensic" originates from the Latin word "forensic," which pertains to a platform or forum. Forensic science, broadly speaking, involves the application of scientific methodologies and techniques to facilitate the administration of justice. The terms "crime" or "criminal" possess contextual significance and should be interpreted and utilized in accordance with the specific legal and judicial framework of a particular state, country, or province. It is imperative to exercise caution in the use of these terms, recognizing that perceptions of criminality may vary across cultures, with actions deemed criminal in one culture potentially regarded differently in another[11].”“Forensic psychology serves as the nexus between the pursuit of justice and the comprehension of human behavior underlying criminal acts. It encompasses an understanding of the nuances of criminal law applicable within a jurisdiction, facilitating effective collaboration among judges, attorneys, and other pertinent legal authorities.” 2.2 FORENSIC PSYCHOLOGY DEFINED“Forensic psychology is a specialized field within psychology that entails a methodical and scientific examination of human behavior within the parameters of law, criminality, and related contexts. The term "forensic" finds its origin in the Latin word "forensis," signifying "of the forum," historically denoting a venue for dispute resolution akin to contemporary courts (Huss, 2014). Forensic psychology, succinctly put, involves the application of psychological principles to the legal system. It is important to distinguish forensic psychology from forensic science, although they are closely interrelated. The primary distinction lies in the focus of their applications: whereas forensic scientists utilize chemical and biological sciences in law enforcement, national security, defense, or intelligence activities, forensic psychologists analyze the psychological dimensions of human behavior and their relevance to legal proceedings. Additionally, forensic psychology encompasses the application of psychological principles within both criminal and civil justice systems. The criminal justice system, comprised of law enforcement, judiciary, and correctional components, serves as a fundamental context for forensic psychological analysis[12].”“Forensic psychology can be construed as embracing both facets of the justice system, encompassing civil and criminal realms, along with two overarching domains of psychology: clinical and experimental. While delineating forensic psychology may appear ostensibly straightforward, it presents inherent complexities. These challenges arise from the diverse professional backgrounds of practitioners within the field. Individuals engaged in forensic psychology possess a spectrum of graduate and professional credentials. Some hold degrees in clinical or counseling psychology, while others have received graduate training in various psychological disciplines, such as social, developmental, cognitive, or neuropsychology. Additionally, professionals may have legal backgrounds, with some holding dual degrees in psychology and law. The nature of their contributions to forensic psychology varies considerably. Forensic psychologists operate both within and outside the legal system. Some offer direct services to the court, evaluating issues such as competency to stand trial, criminal responsibility, or child custody. Others engage in research, often affiliated with academic institutions, investigating fundamental or applied topics such as eyewitness behavior or jury decision-making. Furthermore, some practitioners integrate research endeavors with clinical practice.”“Forensic psychology denotes the confluence of psychology and the criminal justice apparatus, necessitating comprehension of pertinent criminal laws within respective jurisdictions to engage effectively with judicial officers, legal practitioners, and allied professionals. A crucial facet of forensic psychology entails the capacity to furnish testimony in court, translating psychological insights into the legal vernacular of courtroom proceedings, and delivering information to legal stakeholders in an intelligible manner. Moreover, to function as a credible witness, the forensic psychologist must grasp the philosophical underpinnings, procedural rules, and normative standards inherent in the judicial system[13].”“Questions posed by the court to a forensic psychologist typically pertain not to matters of psychology per se, but rather to legal inquiries, requiring responses rendered in a manner comprehensible to the court. For instance, the court often designates a forensic psychologist to evaluate a defendant's competence to stand trial or to assess the defendant's mental state at the time of the alleged offense. This evaluation, commonly termed an assessment of the defendant's sanity or insanity, pertains to matters of criminal responsibility and is predominantly legal in nature. Consequently, a forensic psychologist must possess the ability to convey psychological insights within a legal context, effectively translating psychological information into a framework understandable to the court. Forensic psychologists offer sentencing and treatment suggestions, as well as any additional information requested by the presiding judge. Moreover, forensic psychology encompasses the training and assessment of law enforcement officers or other personnel involved in legal enforcement. Additionally, forensic psychologists may contribute to the process of jury selection.”“Forensic psychology expertise finds application across diverse domains, including the treatment of mentally ill offenders, consultation with legal counsel (e.g., in jury selection), analysis of criminal intent and cognition, and practice within civil litigation. Additionally, forensic psychologists may opt to dedicate their careers solely to research endeavors, spanning investigations into eyewitness testimony or enhancement of interrogation techniques. Another facet of forensic psychology involves contributions to public policy, wherein researchers aid in the design of correctional facilities and prisons. In essence, the role of a forensic psychologist can be summarized as providing assistance to the legal system.”“The forensic psychologist adopts a distinct perspective when evaluating a client or defendant compared to a conventional clinical psychologist. Empathizing with the client's standpoint is not the primary objective of the forensic psychologist. Standard psychological assessments and interview techniques are inadequate when employed in forensic contexts. In forensic evaluations, it is imperative to scrutinize the coherence of factual data across various sources.”“Forensic evaluators are obligated to furnish the sources underpinning any information provided. In contrast to conventional applications of clinical psychology, obtaining informed consent is not a prerequisite when court-ordered assessments are conducted. Rather, the defendant must be apprised of the assessment's purpose and the lack of control over the utilization of gathered information. While psychologists rarely encounter issues of malingering or symptom fabrication in non-criminal clinical settings, forensic psychologists must adeptly discern exaggerated or simulated symptoms. Malingering manifests along a spectrum, necessitating forensic psychologists to possess proficiency in identifying varying degrees of feigned symptoms.”“Hence, forensic psychologists undertake a diverse array of duties within the criminal justice framework, with the most prominent being the preparation and provision of testimony in court proceedings. This responsibility has grown increasingly challenging as legal practitioners have become adept at challenging psychological testimonies. Assessing the client, preparing for testimony, and delivering testimony necessitate the forensic psychologist to possess a comprehensive understanding of the applicable law and legal context within the courtroom, utilizing resources such as the Crime Classification Manual and other authoritative references.”2.3 HISTORICAL SIGNIFICANCE“A pivotal milestone in the annals of forensic psychology's history was the establishment of the first psychological laboratory in 1879 by Wilhelm Wundt in Leipzig, Germany. At the Leipzig laboratory, both sensory and behavioral phenomena were systematically measured and subjected to experimental manipulation. Wundt pioneered experimental psychology within his laboratory, pursuing both theoretical and applied objectives. His refined methodologies and instruments significantly facilitated the endeavors of his students. These students, equipped with Wundt's techniques and instruments, disseminated throughout Europe, applying psychology to various facets of daily life, including matters pertinent to the legal domain. Scholars from both the Old and New Worlds journeyed to study under Wundt, subsequently making enduring contributions with relevance to jurisprudence upon their return. Notably, Cattell, as previously mentioned, conducted experimental investigations into the nature of testimony, elucidating the impacts of situational and individual disparities[14].” Historical personalities which led to development of Forensic Psychology:Wilhelm Wundt“Wilhelm Wundt played a pioneering role in advancing and refining the experimental method within the field of psychology. This rigorous approach laid the groundwork for a multitude of applied psychological inquiries, including those pertaining to legal matters. For example, during the 1890s, James McKeen Cattell conducted a series of experiments exploring the nature of testimony, thereby elucidating the impacts of situational and individual variations. Notably, these findings continue to be subject to examination in contemporary research[15].”J. McKeen Cattell“In 1893, Professor J. McKeen Cattell of Columbia University undertook informal inquiries concerning the nature of witness testimony. These studies involved posing a series of questions akin to those typically encountered in trial proceedings to 56 students. Following a brief period of 30 seconds for reflection, respondents were queried regarding their confidence levels in their responses. Despite prevailing beliefs regarding the unreliability of eyewitness testimony, Cattell acknowledged his astonishment at the extent of inaccuracies observed among the participating students[16].”Hugo Munsterburg“Professor Hugo Münsterberg, in his work "On the Witness Stand," compiled a series of previously published magazine articles, delineating a rational and scientific approach to scrutinizing facts testified by human witnesses through the application of Experimental Psychology within the realm of legal administration. Previously categorized as a pure science, Psychology has been elevated to the status of an applied science through the development of experimental methodologies, to which Münsterberg made significant contributions. Applied Psychology finds utility across diverse spheres of practical life, including but not limited to education, medicine, art, economics, and law[17].”Experience has revealed that certain facets of Applied Psychology offer invaluable support and guidance to practitioners across diverse practical domains. However, as Professor Münsterberg asserts, "The legal profession remains steadfast. Lawyers, judges, and jurors are steadfast in their belief that they do not require the expertise of experimental psychologists... They persist in the notion that their legal intuition and common sense suffice, and then some... Accordingly, within the legal domain, it becomes imperative not merely to depend on the technical discourse found in scholarly works, but rather to present the discourse in the most accessible manner feasible before the broader audience of the general reader[18]."Alfred Binet“In 1889, Alfred Binet played a pivotal role in establishing the inaugural psychological laboratory in France. Possessing a background in medicine and law, Binet harbored a keen interest in the application of psychology within the legal framework, notably concerning witness testimony[19]. However, Binet's seminal contribution to forensic psychology stemmed from his pioneering work in intellectual assessment. Collaborating with Theodore Simon, he devised the initial psychometric test of intelligence, laying the groundwork for subsequent forensic evaluations. Notably, in the United States, the Wechsler Intelligence Test for children emerged as a recurrent feature in juvenile court proceedings. Subsequently, group testing gained prominence, particularly within military contexts for recruit selection purposes, and soon thereafter, objective tests found widespread application across various professions, serving as instruments for gauging behavioral attributes, skills, attitudes, and the like. Of significant import to the field of forensic psychology was the judiciary's increasing acceptance of test results as admissible evidence in court proceedings[20].”William Marston“William Marston, a psychology graduate and holder of a law degree, devised not only the lasso of truth but also the systolic blood pressure test, which serves as the precursor to the contemporary lie detector.” The inspiration for a lie detection apparatus based on blood pressure arose from Marston's wife, Elisabeth, who remarked that "When she got mad or excited, her blood pressure seemed to climb[21]."“Following World War I, Marston embarked upon an academic trajectory and subsequently testified as an expert witness in the renowned 1923 Frye case. In this case, the defense sought to introduce his expert testimony, based on the systolic blood pressure test, to establish the innocence of the defendant. Frye stood accused of murder in the District of Columbia. Initially denying any involvement in the incident, Frye later confessed to the crime and provided law enforcement with accurate details regarding the killing. However, a few days subsequent to his confession, Frye recanted, asserting that he had only confessed due to the promise of a reward for his own conviction.”2.4 DISCIPLINES/ SPECIALITIES IN FORENSIC PSYCHOLOGYForensic psychology encompasses a variety of disciplines and specialties. Some of the key disciplines and specialties within forensic psychology include:1. Criminal Psychology: “This discipline focuses on understanding the mindset, behavior, and motivations of criminals. Criminal psychologists may assess individuals who have committed crimes, provide insight into criminal behavior, and assist law enforcement in profiling offenders. Criminal psychology primarily centers on analyzing the behavior, cognitive processes, and patterns exhibited by individuals engaged in criminal activity. Criminal psychologists are tasked with elucidating the underlying motivations and factors contributing to a perpetrator's actions. Their duties commonly encompass offender profiling, consultations, research endeavors, mental health assessments, and other psychological evaluations. Additionally, criminal psychologists may provide counseling, psychotherapy, and expert testimony within legal proceedings[22].”2. Legal Psychology: “Legal psychologists study the interaction between psychology and the legal system. They may conduct research on topics such as eyewitness testimony, jury decision-making, and the effectiveness of legal interventions. In legal psychology, psychological concepts and principles are applied within the framework of the legal system. Legal psychologists frequently provide guidance to judges and other individuals within the legal sphere to aid in decision-making processes. To distinguish between forensic psychology and legal psychology, it is important to note that while forensic psychology predominantly concerns itself with the study of criminal behavior and offenders, legal psychology directs its focus towards the cognitive processes of judges, legal procedures, and the broader legal system[23].”3. Victimology: “Victimologists specialize in studying the psychological effects of crime on victims. They may work with victims to assess and treat trauma, as well as conduct research on victimization patterns and prevention strategies.”4. Correctional Psychology: “Correctional psychologists work within the criminal justice system, providing mental health services to inmates in prisons and jails. They may also conduct assessments to determine the risk of reoffending and develop treatment plans to facilitate rehabilitation. The primary objective of correctional psychology, as implied by its title, is the rehabilitation and supervision of individuals within the criminal justice system. Accordingly, psychological concepts and principles are employed to facilitate correctional endeavors. Correctional psychology encompasses a wide array of topics, including aspects pertaining to prison environments, penitentiary administration, and interventions aimed at promoting rehabilitation among inmates and offenders.”5. Police Psychology: “Police psychologists focus on supporting law enforcement officers and agencies. They may provide counseling and mental health services to officers, conduct pre-employment screenings, and offer training on topics such as stress management and crisis intervention. Police psychology encompasses various facets of law enforcement, spanning governmental entities at local, state, and federal levels. It also encompasses employment-related matters concerning police personnel, encompassing recruitment, selection processes, police personality assessments, stress management, and evaluations of psychological attributes such as intelligence. Furthermore, police psychologists play a substantial role in training police personnel, and may also offer counseling and therapeutic interventions to address their needs as necessary[24].”6. Forensic Assessment: “Forensic assessors conduct evaluations to inform legal decisions. This may include assessing competency to stand trial, evaluating risk for violence or recidivism, and conducting psychological evaluations in child custody cases[25].”7. Forensic Neuropsychology: “Neuropsychologists specializing in forensic psychology assess how brain injuries or disorders may impact behavior and decision-making in legal contexts. They may testify as expert witnesses in cases involving brain trauma or neurological disorders.”8. Forensic Psychiatry: “While not strictly within the field of psychology, forensic psychiatrists also play a crucial role in the legal system by assessing and treating individuals with mental illness who are involved in legal proceedings. They may provide expert testimony on issues such as insanity and competency.”2.5 FORENSIC PSYCHOLOGY AND LAW“As previously elucidated, forensic psychology encompasses the application of psychological principles, philosophy, and methodologies within the legal and justice system. While law exclusively addresses legal matters, crime-related issues, perpetrators, victims, and a myriad of legal complexities, forensic psychology delves into understanding human behavior across various dimensions, encompassing emotional patterns, intelligence levels, and more. Law primarily addresses concerns pertaining to criminal and civil proceedings, with the overarching goal of dispensing justice to victims impacted by crime[26]. These victims may have endured significant losses, ranging from loss of livelihood to severe bodily injuries, amputations, and even loss of life. In order to administer justice to victims and perpetrators alike, the legal system often seeks the expertise of forensic psychologists for multifaceted assistance, including assessment and evaluation of the mental state of both victims and accused individuals[27]. Henceforth, forensic psychology and law maintain an intimate alliance, wherein psychology is extensively employed in the realm of law and its associated matters.”“Forensic psychologists, when tasked with evaluating the mental state of either a victim or an accused individual, conduct comprehensive assessments and evaluations, thereby presenting their expert testimony grounded in scientific findings derived from said assessments. Such evaluations may encompass assessments of an individual's competency to participate in legal proceedings, determination of criminal responsibility in cases involving mental disorders, among others. Additionally, through the practice of criminal profiling, forensic psychologists are capable of delineating the propensity of a perpetrator to engage in further criminal activities. Utilizing psychological tests and interview methodologies, forensic psychologists appraise the capacity, emotional stability, psychological well-being, and financial stability of individuals seeking custody of a child post-divorce or separation. Moreover, they conduct evaluations of the home environment and the character of prospective custodians, furnishing detailed reports to the court for consideration.” Top of FormTop of FormTop of Form“As forensic psychologists are involved in both criminal and civil litigation, they are required to possess comprehensive knowledge of all facets of the law. Forensic psychologists analyze the emotions, cognitive processes, and behaviors of individuals entangled in legal matters or interacting with the legal system in various capacities. Additionally, forensic psychologists operate within the legal framework and may undertake cases referred to them, which could involve individuals acting as either the accused or the victim.”“It is a widely recognized principle that the law serves to safeguard both the public and individual citizens from various forms of criminal activity and harm. In instances where an individual is subjected to assault, they seek recourse through legal channels, anticipating redress and appropriate sanctions for the perpetrator responsible for their injury. Moreover, within societal conflicts, the law establishes norms of acceptable conduct and delineates consequences for transgressions. Forensic psychology contributes to the equitable dispensation of justice by scrutinizing not only the physical elements but also the mental and psychological attributes of the individuals involved. Their analysis of cases is characterized by inductive reasoning and probabilistic evaluation.”“Regarding the involvement of forensic psychologists within court proceedings, they are summoned by law enforcement agencies, legal representatives, or even judicial authorities to conduct interviews and assessments of individuals involved in criminal activities. The insights gleaned from these interactions are utilized as evidence within the judicial system. For example, within the medico-legal domain, upon court authorization, a forensic psychologist may engage in rehabilitative efforts aimed at both perpetrators and victims of crime.”“In India, pursuant to Section 45 of the Indian Evidence Act, 1872, courts possess the authority to enlist the expertise of professionals such as forensic psychologists or document analysts. Consequently, forensic psychologists present factual evidence to aid the court in adjudicating cases with impartiality and equity, thereby facilitating the administration of justice in a fair and equitable manner.”“Moreover, the role of the forensic psychologist extends to evaluating the mens-rea, or the state of mind, of the individual in question. This entails…
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"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
Transacting on SoOLEGAL Service Terms:
The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
Unless otherwise defined in this Documents/ Advice or Terms & Conditions which being the guiding Documents/ Advice to this Documents/ Advice, all capitalized terms have the meanings given them in the Transactions Transaction Terms and Conditions.
S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (accounts@soolegal.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
YOU HAVE AGREED TO THIS TRANSACTION TERMS BY CLICKING THE AGREE BUTTON