The month of March 2016 saw a new sunrise in the Real Estate sector in the form of Real Estate (Regulation and Development) Act, 2016, creating the Real Estate Regulatory Authority and the Real Estate Appeals Tribunal to give impetus to the interests of consumers and henceforth to the regulation of the real estate sector, which makes a significant contribution to job creation and to the GDP of our business. RERA has brought openness to the sector, improved it and brought home a certain degree of professionalism.

RERA requires each developer to ensure transparency when communicating with customers.

The Act describes ‘Promoter' as ‘Owner, ‘Developer’ 'Development Authority' or ‘Holder of the Power of Attorney’ from the Land-Lord of the Construction / Development Site: 

• Person who builds or starts the construction of an individual building or a building consisting of apartments or transforms the current structure into apartments for sale on the open market.
• An individual who develops land into a project consisting of plots that may or may not include any buildings, to be sold in whole or in part.
• Public body or development authority in respect of allotments of buildings or apartments constructed by them or plots of land either owned by them or made available to them by the Government for the purpose of sale.
• Apex State level and primary cooperative housing finance society that builds apartments or buildings for its members or designated individuals.
• Person acting as builder, colonizer, contractor, investor, estate investor or by some other name or claim to be the holder of the power of attorney from the owner of the property on which the house or apartment is being built or the plot is being created for sale.
• Any other person who builds a house or apartment to be sold to the general public.

For the purposes of RERA, where the developer / constructor is different from the seller of the land, both shall be considered promoters and are jointly liable under this Act.

‘Real Estate Project' is defined as the construction of a building or a building consisting of apartments, or the conversion of an existing building or part of it into apartments, or the construction of land into plots or apartments, for the purpose of selling all or some of the said apartments or plots or buildings, and includes common areas, development works, all improvements and structures.

In addition, the Act requires compulsory "Registration" with RERA of Real Estate Projects within the limits of the Promoters ' Planning Areas with the State Real Estate Regulatory Authority under which the Promoter is prohibited from advertising, promoting, booking, selling or offering for sale, or from inviting anyone to purchase any part or portion of a real estate project.

In addition, Real Estate Agents are obligated to register before they can facilitate the sale / purchase of a real estate project or any part thereof.

RERA is equally important to commercial projects as it is to residential ones.

However, the Act referred to in Section 3 provides for some exceptions in the field of real estate projects which are excluded from registration:

·         The land proposed for development does not exceed 500 square meters or the number of apartments does not exceed 8 (eight) in number;

·         In cases where the Completion Certificate' for the project was given to the proponents prior to the start of the RERA; 

·         Work is limited to refurbishment, repair or restoration and does not cover the promotion, advertisement, sale or reassignment of any apartment, plot or house.

Section 4 of the RERA provides for registration of real estate projects, where each Promoter is required to apply for registration along with various documents listed below :-

·         Brief details of the enterprise including name, registered address, enterprise type and particulars of registration of such enterprise along with promoter’s names and photographs.

·         Brief details of the projects undertaken by the sponsor in the last five years, whether completed or not, including the present status of ongoing projects, delays in execution, details of pending lawsuits, land type and any unpaid payments.

·         Authenticated copy of the approvals and the certificate of commencement from the competent authority, if applicable.

·         Approved design, construction design and specifications of the proposed project or phase thereof and of the entire project as approved by the Component Authority.

·         Plan of construction work to be carried out in the proposed project and the proposed facilities to be provided, including fire-fighting facilities, drinking water facilities, emergency rescue services, use of renewable energy.

·         Location descriptions of the project, including a simple demarcation of the land allocated to the project along with its borders, including the latitude and longitude of the end points of the project.

·         Performa of the allocation document, the sale agreement and the conveyance act agreed to be signed with the allocated parties.

·         Amount, size and carpet area of the apartments for sale in the project along with the private balcony or veranda area and the exclusive open terrace area with the apartment, if applicable.

·         Number, location and size of the garage for sale in the project

·         Names and addresses of the real estate brokers for the proposed project, if any.

·         Names and addresses of designers, architects, structural engineers and other individuals associated with the construction of the proposed project.

·         A declaration, accompanied by an affidavit, to be signed by the promoter or by any individual approved by the promoter, stating that:

·         The Promoter shall have legal title to the land proposed for creation, along with legally valid documentation authenticating that title, in the event that the land is owned by another individual.

·         Land shall be free from all encumbrances or encumbrances on the land, including any ownership, title, interest or name of any person in or over the property.

·         Timeframe during which the promoter aims to complete the project or process, as the case may be.

·         Promoter shall take all outstanding approvals on time from the appropriate authorities.

·         Furnish additional documents as needed.

·         Seventy per cent of the allocated real estate project sums are deposited in a separate account to be held in a scheduled bank to cover the cost of land and building expenses, which are only used for that purpose.

The applicant shall deduct the sums from the separate account to cover the expense of the project, in proportion to the percentage of completion of the project after it has been approved by the builder, the architect and the chartered accountant, in effect, that the withdrawal is in proportion to the percentage of completion of the project.

The promoter shall also, within six months of the end of each financial year, be audited by a chartered accountant in practice and shall produce a statement of accounting duly certified and signed by that chartered accountant.

Grant for Registration

Registration of real estate projects is discussed in Section 5 of RERA. Within a period of thirty days [of what], the Authority shall grant registration subject to the provisions of this Act and shall provide the Applicant with the registration number, including the login I d and the password, for access to the Authority's website and for the establishment of its website and for the details of the proposed project.

The Authority can also refuse the application with reasons to be communicated in writing [to whom] if the application does not conform the the procedure under the Actunless the applicant has been given the opportunity to be heard on the matter.

If the Authority refuses the application, the Project shall be deemed to have been registered and, within seven days of the expiry of the said date, the Authority shall, within thirty days, provide the promoter with the registration number, the login Id and the password for access to the website of the Authority and the website of the Authority and fill in the d page.

Validity of  Registration  of  RERA.

The registration accordingly accepted shall be valid for the time specified by the Promoter for the completion of the real estate project or for the process indicated in the affidavit with the application form.

The registration granted can be extended by the Authority upon receipt of an application from the Promoter in the event that' Force Majeure' has a significant effect on the project.

The authority can also extend the registration for a maximum duration of one year if the circumstances so justify.

It is important to notice the judgment of the Supreme Court in Bikram Chatterji vs. Union of India in 2019, where it was held that, as RERA envisages the timely completion of projects once the registration under section 5 and the extension under section 6 have been granted, it is only in the event of force majeure and no default on the part of the petitioner that the registration can be extended overall for a term. Force majeure means war, flood, drought, storm, cyclone, earthquake or some other calamity caused by nature.

Cancellation of Registration

Registration granted may also be revoked by the Authority upon receipt of a complaint suo-moto or on the advice of the Competent Authority after giving a 30-day written notice to the Promoter of such a real estate project on the basis of the grounds for the proposed revocation, after having considered any reason identified by the Promoter and having been satisfied that:-

• The promoter has failed to perform anything necessary under RERA
• The promoter has violated any of the terms and conditions of the approval issued by the Authority.
• The promoter is engaged in some unfair practice or irregularities (for example, false representation of services is of a specific quality or grade, or that the promoter has the approval or affiliation that the promoter does not have, and makes inaccurate or misleading representations about the services, along with the publishing of some advertising or prospectus, whether in a newspaper or otherwise.)
• The promoter indulges in some dishonest activity.

The Authority can, in the alternative of canceling the registration, permit it to remain in force subject to such additional terms and conditions as it considers necessary to be imposed in the interest of the authorized parties which are binding on the promoter.

Consequences of cancellation of Registration

Upon the cancellation of the registration, 

• The Promoter shall be barred from accessing its website in relation to the project and the Revocation of the Promoter's Project Registration shall be reported to the other Real Estate Regulatory Authority in other States and Union Territories and the name and image shall be shown as normal on the website.
• The Authority shall order the scheduled bank to hold the project back, freeze the account and then take the required further action, including the consequent de-freezing of the said account, to facilitate the remaining development work.

The Authority may also provide directives as it considers appropriate to protect the interest of designated individuals or in the public interest.

The Authority shall also encourage the remaining development work to be carried out by consultation with the appropriate Government in order to take such action as it may find necessary, which may include the execution of the remaining development work by the competent authority or the association of allocated persons or in any other manner as may be decided by the Authority and only after the expiry of the duration.

Penalties for Non-Registration

Where a real estate project is not registered, Section 59 of RERA comes into play, which imposes a penalty of up to 10% of the estimated project cost and if the default is continuous, an additional fine of up to 10% of the estimated project cost or imprisonment of up to three years or both may be imposed.

RERA has given comprehensive powers to the Authority in cases of non-compliance on the part of the Promoter containing a penalty clause, as well as in cases where the Authority may find it necessary to protect the interests of consumers.  Any individual aggrieved by a proponent of violation of the RERA provisions may also file a complaint with the Authority.

In conclusion, it can safely be said that the registration of projects with RERA has brought a great deal of value to customers. In particular, as it decreases the risk of insolvency / bankruptcy of the builder and offers a timeline for the execution and prompt delivery of real estate projects, structured agreements and accountability on the use of money by the developer. The proponents, on the other hand, have also earned the RERA's stability and accountability in negotiating, improving consumer trust and a controlled climate. RERA has improved productivity and strengthened the real estate sector with higher investment and an improvement in the coordinated financing of real estate projects.

INTRODUCTION

According to our present system of juvenile justice, when a minor commits a crime that is not necessarily committed by them alone, it is assumed that it is because of the spirit of adventure that is in every minor, or because of his own ignorance, or because of his lack of discipline. Yet they fail to realize that in the future, mankind has its stars, and the future is too vital to be wasted under the weight of youthful stupidity and naive superstition.

The word' Juvenile' was coined in the late 1800s when juvenile crime and abuse were redefined as distinct and separate from adult crimes, and new social intervention structures were created to handle children with problems. Young offenders who used to be treated as just young ‘criminals' were turned into' juveniles.' Nevertheless, the word ‘juvenile' reflects a number of different behaviors and means different things at various times and locations.

WHO IS A JUVENILE?

A juvenile is a child who has not reached eighteen years of age. The term has a legal significance to it. According to the Juvenile Justice (Care and Protection) Act, 2000, a juvenile is not to be considered as an adult even though he / she are involved in any criminal activity for the purposes of conviction and punishment in court.

REASON BEHIND JUVENILE CRIMES IN INDIA

There are many factors which contribute to the child's criminal nature. Most of these young people come from discording or abusive homes. Peer pressure, environment also has an impact on a child's growth. Poverty is also one of the major causes of juvenile delinquency. While education plays an significant role in molding future people, the framework somehow lacks the capacity to keep non-bookish and non-academic individuals' interest and thus leads to many cases of juvenile delinquency. Delinquents are typically the ones who take studies as a burden and resort to crime on being rebuked. Crime committed by minors under the statutory age is referred to as juvenile criminal offence. According to the statistics reported by the National Crime Records Bureau (NCRB), juvenile offenders between the ages of 16 and 18 accounted for more than 60 per cent of the crimes recorded in India in 2013. The number of juveniles in dispute with the law has reportedly risen in recent years by a large amount. This also included the modesty of outraged women.

MEASURES

There are some steps that can help in changing these children:

1.      Instill in them a sense of security and offer them the love and affection they might have been deprived of.

2.      Parents should be encouraged to identify early signs of maladjustment, so that any inclination towards delinquency can be broken at the roots.

3.      At the very beginning, a sense of moral and social values should be instilled in them.

4.      Upon identification of a delinquent behavior, one must remember to condemn the behavior and not the offender.

PRESENT LEGISLATION

The Juvenile Justice (Care and Protection) Act, 2000 (hereinafter called “The Act”) stipulates that juveniles in conflict with the law or juvenile offenders must be detained in an' Observation Home' while children in need of care and security must be detained in a'‘Children's Home' during proceedings pending before the competent authority.

A juvenile will only be detained for a maximum duration of 3 years, irrespective of the severity of the crime that he has committed, and he will be remanded to' Special Home.' The Juvenile Justice (Care and Protection) Act, 2000 provides protection for the offender who is under the age of 18 Years at the time of the commission of the alleged crime from prosecution in Criminal Court or other penalty under Criminal Law pursuant to section 17 of the Act.

This new Act was intended to rehabilitate the child and assimilate him / her in mainstream society. The reasoning is that due to his / her tender age and lack of maturity a child still has the potential of being transformed and it is the State's duty to protect and change the child.

Taking into account the rise in juvenile crimes, the Union Cabinet has approved an amendment to the Juvenile Justice (Care and Protection of Children) Act, 2000, to consider minors over 16 years of age as adults if charged with serious crimes such as rape. However, such delinquent youth are not to be granted death or life imprisonment.

PROPOSED AMENDMENT IN JUVENILE JUSTICE ACT 2000

1.      The proposed law would amend the current Juvenile Act.

2.      It specifically described and categorized crimes as minor, serious and heinous.

3.      It was recognized that the increasing number of serious offenses committed by juveniles in the 16-18-year age range.

4.      Therefore, in consideration of the victims ' rights as well as the rights of juveniles, it is recommended that these heinous crimes should be treated in a specific way.

5.      Therefore, it was proposed that if a person in the age group of 16 to 18 years commits a heinous crime, the Juvenile Justice Board will first determine whether the crime was committed by that person as a' child' or as an' adult.'

6.      The Juvenile Justice Board will include psychologists and social professionals in it to ensure that juvenile rights are adequately secured if the crime is committed.

CONCLUSION

It is reasonable to assume the juveniles committing crimes such as rape, since the best known example is the case of Nirbhaya Delhi Rape, in which the juvenile is sent to correctional home for just 3 years. This amendment in the JJ Act also provides the other offenders a means to commit their heinous crimes which they can now achieve through such juveniles since they are safe that the juveniles will be free after 3 years and then again can join their gang as a mature criminal.

Purpose of Section 144, CrPC, 1973

Section 144 CrPC empowers the District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrateby the State Government to issue an order in urgent cases of nuisance or anticipated danger.

An order may be given to a single individual or to the general public, in a specific place or location, to refrain them from any act or in respect of certain property in his possession or under his management.

The order can be passed only if the Magistrate believes that there is an appropriate ground for proceeding under this section and that immediate restriction or timely guidance is likely to prevent the following:

·        Obstruction, discomfort or harm to any lawfully working person

·        Risk to human life, health and wellbeing

·        Disturbance of the peace of the country, or protests.

Section 144 of the CrPC is one of the processes by which the State can ensure public peace. This part of it deals with the preservation of public order and peace of mind. The structure of the law indicates that this power can only be exercised in immediate cases of disturbance or potential danger.

The Section 144 of the Cr PC. allows the State to take proactive action to resolve potential threats to public security. It allows the Magistrate to issue a mandatory order requiring certain acts to be performed, or a prohibitory order which prohibits people from doing certain acts. However, it also provides various protections to ensure that the power is not abused, i.e. reviewing before exercising power and setting out the relevant details for the exercise of that power.

Section 144 CrPC can be used even when the danger is apprehended

One of the points put forward on behalf of the petitioners was that these orders under Section 144 CrPC passed in anticipation or fear could not be upheld in the eyes of the law. The Bench denied that in Babulal Parate v. State of Maharashtra, AIR 1961 S.C. 884, it was held that the powers of Section 144 are not only exercisable when there is a risk, but also where there is apprehension of risk. The Supreme Court, however, justified it by specifying that the danger must be in the form of an emergency and in order to avoid obstruction and inconvenience or injury to any person lawfully employed.

Power must be used responsibly

Such an order may be passed either against a single individual or against the general public, and the orders passed under Section 144 of the CrPC have serious implications on the fundamental rights of the general public. The most burdensome obligation on the Empowered Officer by the legislature is that the interpretation of a danger to public peace and tranquillity should be actual and not imaginary.

The bench in Babulal Parate v. State of Maharashtra (Supra) held:

“Such a power, if used in a casual and cavalier manner, would result in severe illegality. This power should be used responsibly, only as a measure to preserve law and order”.

Repetitive orders under Section 144 of CrPC may amount to abuse of power

In the Kashmir Lock Down case, the Supreme Court noted that the power under Section 144 could not be used as a device to prohibit the legitimate expression of opinion, grievance or exercise of any democratic rights.

The Supreme Court held that Section 144 CrPC provisions would only be applicable in an emergency situation and for the purpose of preventing obstruction and irritation or injury to any lawfully employed person.

The Bench comprising Justice N. V. Ramana, Justice R. Subhash Reddy & Justice B. R. Gavai, while outlining the principles of exercising power laid down in Section 144 CrPC in entitled Ms. Anuradha Bhasin Vs Union of India &Ors, Writ Petition (Civil) 1031/2019 held as follows:

·        Power under Section 144, CrPC, which is both remedial and preventive, can be exercised not only where there is present risk, but also where there is apprehension of risk. Nevertheless, the danger envisaged should be in the form of an emergency and in order to avoid interference and inconvenience or damage to any person lawfully employed.

·        Power referred in Section 144, CrPC can’t be used to censor the free expression of opinion, grievance or exercise of any democratic rights.

·        The order passed under Section 144 of the CrPC will set out the material facts in order to enable judicial review. Power should be exercised in a bona fide and logical manner, and the same should be achieved by relying on the material facts. Hence, allowing judicial review for the above order.

·        When exercising powers under Section 144 of the CrPC, Magistrate is obligated to balance rights and restrictions on the basis of the principles of responsiveness and to apply the least intrusive measures.

·        Repeated orders under Section 144 CrPC This would be an abuse of power.

Constitutional Validity

Justice Hidayutallah claimed in the well-known case of Madhu Limaye v. S.D.M. Monghyr,1971 AIR 2486, 1971 SCR (2) 711 that Section 144 of the Criminal Procedure Code is not unconstitutional if it is correctly enforced and that there is no excuse to be violated. And the provisions of the Code, properly interpreted, do not surpass the limits laid down in the Constitution of India, and this is precisely why the Court held that Section 144 was held valid and constitutional.

As scenes of chaos, misery and rapidly mounting death tolls emerged from China in December 2019 the world watched in concern. Covid- 19 was first detected in China's Hubai province, but by January 2020, the World Health Organization had declared the Novel Corona Virus outbreak as a public health emergency. This was the viral spread of this potent virus, which was detected in at least 29 countries as of February 2020. Covid-19 has rapidly evolved from a local threat to a global one with tragic human losses which take precedence over its economic impact. Nevertheless, severe economic losses were triggered by the extraordinary steps taken to contain the virus outbreak such as workplace shutdown, disruption of production, closures of ports and suspension of air travel. The pandemic creates a profound impact on industrial sector and underlying contractual relations. It has often been highlighted that historically in the current socio-economic scenario that the world is witnessing. The concept of force majeure has significant role to play. Economic considerations become secondary when it comes to human health and security. Organizations also use their contracts and insurance plans to assign the responsibility for unanticipated business interruptions. There are few important principles to remember when you are exploring recovery options or are defending against breach of contract claims. As far back as 1592, Thomas Nashe proclaimed "Dear lord save us from winter, plague and pestilence." If he added earthquakes, war, government interference, and a couple of others to that list, he would have had the development of a clause of modern day force majeure. OBEJECTIVE OF A FORCE MAJEURE CLAUSE IN A CONTRACT The object of a force majeure clause in a contract is usually to exempt all parties from liability if an unusual occurrence or situation outside their control prevents one or both of them from meeting their obligations under that contract. On 17 February 2020, more than 200 representatives from sectors such as pharmaceuticals, textiles, electronics, solar power, automobiles, surgical equipment, paints, fertilizers, telecommunications, metals, mobile manufacturing, edible oils, hygiene, tourism and shipping met with the Ministry of Finance to discuss the effect of Covid-19 outbreak on government contractors. A report by the Confederation of Indian Industry (CII) said "45 % of total electronics imports in India come from China." "One-third of the machinery and nearly two-fifths of the organic chemicals that India purchases from the world come from China," the report added. It further added that China's share of imports is more than 25% for automotive parts and fertilizers, while 60-percent for automotive parts and fertilizers, respectively. Many Indian companies are dealing with an unexpected pandemic event and are examining old contracts to see whether force majeure clause can be exercised and whether it will allow them to walk away from deals that they feel is unfair and one-sided, said legal experts. Although many of the cases that are being checked are legitimate in nature, lawyers and consultants said a few businesses are finding refuge in the current situation to avoid bad contracts that are now seen as one-sided and weighted against them in view of the overall downturn in the economy. For non-governmental and other agreements where there is a force majeure clause in a contract, the yardstick is that theCovid-19 outbreak will fall under the meaning of that provision. If the contract does not contain a force majeure provision, or whether the occurrence of the Covid-19 falls beyond the scope of that agreement, the parties will have to determine whether the doctrine of frustration applies to release them from their contractual obligations Covid-19 has caused a raw material shortage, impacted consumption and affected pre-agreed deadlines, resulting in a situation where businesses are now finding a route to cancel contracts. In a report on March 9th, multinational consulting company McKinsey & Co said the situation is close to the global slowdown. "This scenario results in a recession, with global growth dropping from –1.5 per cent to 0.5 per cent in 2020," the study said. In the past, some courts have interpreted force majeure clauses narrowly; that is, excusing misconduct within the meaning of the clause in specific circumstances and/or incidents, but courts must also consider the factors concerning the incidents mentioned. For instance, while "disease" may be a defined force majeure event in a contract, adverse parties may claim that the performance of a party is not excused because of the possible impact of the coronavirus, especially if your company is in the United States only. However, if your company is in China alone, or areas that are most affected by global health issues, excused performance might be more likely at this point. The Ministry of Finance and Government of India, informed on 19 February 2020 that corona virus will be protected by the above force majeure clause (FMC) and should be considered a natural disaster. Furthermore, the ministry has clarified that this provision can be used where appropriate, subject to due process being followed. It should be noted that the provision does not completely justify the non-performance of a party but only suspends it for a period of time. One of the requirements for this clause is that the agency must inform force majeure for any such exceptional occurrence as soon as it occurs. The China Council for the Promotion of International Trade on March 3 said the country had issued 4,811 force majeure certificates because of the pandemic. The total value of those contracts that invoked this provision was around $53.79 billion, and the number is expected to increase as days pass. According to the ministry of commerce and industry, China is India's second-largest trade partner after the United States.

As scenes of chaos, misery and rapidly mounting death tolls emerged from China in December 2019 the world watched in concern. Covid- 19 was first detected in China's Hubai province, but by January 2020, the World Health Organization had declared the Novel Corona Virus outbreak as a public health emergency. This was the viral spread of this potent virus, which was detected in at least 29 countries as of February 2020.

Covid-19 has rapidly evolved from a local threat to a global one with tragic human losses which take precedence over its economic impact. Nevertheless, severe economic losses were triggered by the extraordinary steps taken to contain the virus outbreak such as workplace shutdown, disruption of production, closures of ports and suspension of air travel. The pandemic creates a profound impact on industrial sector and underlying contractual relations. It has often been highlighted that historically in the current socio-economic scenario that the world is witnessing. The concept of force majeure has significant role to play.

Economic considerations become secondary when it comes to human health and security. Organizations also use their contracts and insurance plans to assign the responsibility for unanticipated business interruptions. There are few important principles to remember when you are exploring recovery options or are defending against breach of contract claims.

As far back as 1592, Thomas Nashe proclaimed "Dear lord save us from winter, plague and pestilence." If he added earthquakes, war, government interference, and a couple of others to that list, he would have had the development of a clause of modern day force majeure.

OBEJECTIVE OF A FORCE MAJEURE CLAUSE IN A CONTRACT

The object of a force majeure clause in a contract is usually to exempt all parties from liability if an unusual occurrence or situation outside their control prevents one or both of them from meeting their obligations under that contract.

On 17 February 2020, more than 200 representatives from sectors such as pharmaceuticals, textiles, electronics, solar power, automobiles, surgical equipment, paints, fertilizers, telecommunications, metals, mobile manufacturing, edible oils, hygiene, tourism and shipping met with the Ministry of Finance to discuss the effect of Covid-19 outbreak on government contractors. A report by the Confederation of Indian Industry (CII) said "45 % of total electronics imports in India come from China." "One-third of the machinery and nearly two-fifths of the organic chemicals that India purchases from the world come from China," the report added. It further added that China's share of imports is more than 25% for automotive parts and fertilizers, while 60-percent for automotive parts and fertilizers, respectively.

Many Indian companies are dealing with an unexpected pandemic event and are examining old contracts to see whether force majeure clause can be exercised and whether it will allow them to walk away from deals that they feel is unfair and one-sided, said legal experts. Although many of the cases that are being checked are legitimate in nature, lawyers and consultants said a few businesses are finding refuge in the current situation to avoid bad contracts that are now seen as one-sided and weighted against them in view of the overall downturn in the economy.

For non-governmental and other agreements where there is a force majeure clause in a contract, the yardstick is that theCovid-19 outbreak will fall under the meaning of that provision. If the contract does not contain a force majeure provision, or whether the occurrence of the Covid-19 falls beyond the scope of that agreement, the parties will have to determine whether the doctrine of frustration applies to release them from their contractual obligations

Covid-19 has caused a raw material shortage, impacted consumption and affected pre-agreed deadlines, resulting in a situation where businesses are now finding a route to cancel contracts.

In a report on March 9th, multinational consulting company McKinsey & Co said the situation is close to the global slowdown. "This scenario results in a recession, with global growth dropping from –1.5 per cent to 0.5 per cent in 2020," the study said.

In the past, some courts have interpreted force majeure clauses narrowly; that is, excusing misconduct within the meaning of the clause in specific circumstances and/or incidents, but courts must also consider the factors concerning the incidents mentioned. For instance, while "disease" may be a defined force majeure event in a contract, adverse parties may claim that the performance of a party is not excused because of the possible impact of the coronavirus, especially if your company is in the United States only. However, if your company is in China alone, or areas that are most affected by global health issues, excused performance might be more likely at this point.

The Ministry of Finance and Government of India, informed on 19 February 2020 that corona virus will be protected by the above force majeure clause (FMC) and should be considered a natural disaster. Furthermore, the ministry has clarified that this provision can be used where appropriate, subject to due process being followed. It should be noted that the provision does not completely justify the non-performance of a party but only suspends it for a period of time. One of the requirements for this clause is that the agency must inform force majeure for any such exceptional occurrence as soon as it occurs.

The China Council for the Promotion of International Trade on March 3 said the country had issued 4,811 force majeure certificates because of the pandemic. The total value of those contracts that invoked this provision was around $53.79 billion, and the number is expected to increase as days pass. According to the ministry of commerce and industry, China is India's second-largest trade partner after the United States.

India is currently undergoing its epidemiological transition period. Our health care system is forced to tackle chronic non-communicable diseases while struggling to reduce the burden of communicable diseases. In India the burden and scope of infectious diseases is massive as they already contribute around 30 per cent of the disease burden currently prevailing in the nation. The epidemics of communicable diseases place a severe economic burden on individuals, families, societies and the nation at large. There is an immediate need for reviewing of the health systems which are operating in India.

Analysis of the health systems won't be complete without evaluating existing legal provisions. In India, the statute governing this particular area is the Epidemic Diseases Act, 1897 (hereinafter referred to as “the Act”). The Act is the only statute allowing for legal action in the case of a sub national outbreak.

Introduction of the Act and the need behind the same

As a response to the plague outbreak in Bombay, the Act came into force on 4 February 1897. This act confined the plague to Bombay through a series of tough steps that prohibited crowds from gathering together. The Act being one of the most concise acts, has four parts, the first section specifies the title and scope, the second section authorizes state and central government to take special steps and enforce regulations that are to be enforced by the public in order to prevent disease transmission. The third section specifies punishment for violating the laws, while the fourth section offers legal protection for individuals working under the act.

Criticism of the Act with respect to modern world

The Act is a 113-year-old, archaic statute. Over the years, the century-old Act has acquired quite a few shortcomings that can be traced to the shifting priorities of emergency services and public safety in the nation. The Act is silent on describing a serious infectious disease. As an act which was enacted almost a century ago, its geographical borders require an amendment. In addition to the measure of exclusion or quarantine, the act remains silent on the legal system for the provision and delivery of vaccines and medicines, and the enforcement of response acts. There is no clear reference to the ethical considerations or the values of human rights during an outbreak response.

The Act does not adhere to the current scientific understanding of prevention and response to outbreaks, but rather represents the medical and legal principles that existed at the time the Act was drafted. The country's political situation and the Centre-state relationships have changed. In the present situation, the Act as such is not adequate to deal with the prevention and control of communicable diseases.

Also, while the evaluating the Act, it can be further said that it is silent on the rights of the general public and only emphasizes on the powers of the government in taking the preventive steps. It does not take the interest of the public into account. People-centeredness is about taking into account the interests, beliefs, social conditions and lifestyles of people and working together to establish appropriate solutions.

The recent Coronavirus (COVID-19) pandemic is the best example to explain the incompleteness of the Act with respect to modern era. Though the Government has taken preventive measures to contain the disease, but it can be contended that those steps were taken reactively instead of pro-actively. Also, under the Act the operations of various public institutions like Gymnasiums, Spa’s, Cinema Halls, and night clubs have been suspended till 31^st March 2020 in the National capital. Further, gathering of more than 50 people have been prohibited only except in the case of a marriage.

Conclusion

 We definitely need a concrete legal structure which is applicable to the current context. A strong framework for public health law develops not only the powers of Government but also forms the role of government in disease prevention and control. Therefore, it is well beyond doubt that this century-old Act requires a full revision to meet the shifting priorities of public health. Undeniably, it is difficult to rule out the role of public health experts in this regard. An integrated, extensive, actionable and specific legal framework is required for controlling outbreaks in India that should be expressed in a rights-based, public-focused and public health-oriented way.

Quality education is a must for a complete and successful life. For many, it is equivalent to graduating from a top institution. With opportunities growing across the globe, more and more Indian students are aspiring to study abroad at various universities. The cost of education is, however, increasing rapidly. In fact, the cost of studying at reputed institutions is already quite high. Banks in India offers various schemes depending on the institution selected and the course of study. Most education loan schemes come with flexible repayment options and allow the borrower to plan their finances accordingly.

 Types of Education Loans:

Ø Secured Loans ­– A loan given out by a financial institution wherein an asset is used as collateral for the loan. The bank or financial institution will hold on to the ownership deed of the asset until the loan is paid off. Secured loans are provided by government banks like SBI, Punjab National Bank, IDBI etc.

Ø Unsecured Loans ­– Like the name suggests, it is a loan that is not secured by collateral such as land, gold, etc. These loans are comparatively riskier to a lender and therefore associated with a high interest rate. NBFC’s like HDFC CREDiLa, TATA Capital, Avanse Financial etc. provide unsecured loans.

Repayment period offered by government banks, providing secured loans is 7-15 years. Whereas, NBFC’s provide unsecured loans with a repayment period of 10 years. Repayment period usually varies depending upon the financial institutions and their rules.

PAY BEFORE YOU HAVE TO:

Education loans carry a moratorium or loan holiday which is very beneficial for the borrower. It is usually the duration of the course, plus 1 year after the course, or 6 months after being employed, whichever is earlier. During this period you do not have to make payments on your loan, but interest will accumulate throughout this period. You are allowed to pay off the interest during the moratorium period. This will help lessen the burden of the loan. It will also make the loan cost less when you finally have to start paying your EMIs.

TAX BENEFITS:

You can avail tax benefits under Section 80E of the Income Tax Act, 1961 on the interest you pay on your educational loan. To be eligible for this deduction, your loan should be taken from an Indian scheduled bank or a gazetted financial institution. The deductions are available only for initial assessment years and 7 years after, or till you pay off all the interest. Maximum deduction period is capped for 8 years.

EDUCATION LOAN SUBSIDY:

One of the major factors of availing a government bank education loan has been the education loan subsidy which is applicable to the interest rates of government bank education loans. The government of India had introduced three very important education loan interest subsidy schemes which allow students belonging to certain communities to claim an exemption on their education loan interest payment. The terms and conditions to avail this provision is different for each of these education loan interest subsidy schemes.

The education loan subsidy 2020 is applicable to the following schemes:

1.    The Central Sector Interest Subsidy Scheme (CSIS)

2.    The Padho Pardesh Scheme of Interest Subsidy for Abroad Education Loans.

3.    The Dr. Ambedkar Central Scheme of Interest Subsidy on Education Loans for Other Backward Classes and Economically Backward Classes.

This benefit can only be availed by students who have borrowed a government bank education loan to support their higher studies.

CHOOSING YOUR BANK:

A number of banks offer educational loans for different courses in India and abroad. They offer unsecured loans for small amounts. Security is required for loans that are required to fund expensive courses. Choose a bank that will provide you with the best moratorium period, interest rate and terms to pay back the loan. Also make sure you have the option of repaying the loan early. Choose the bank that offers you the best loan terms rather than the most finance. Also check if you are allowed to pay EMIs in advance or make part payments towards the loan. Know about processing fees that are applicable on your loan. Here are some examples of banks that offer education loan with good interest rates and other services.

·     STATE BANK OF INDIA:

Loan Amount Offered: 20lakhs – 1.5Crore

Interest Rate: 10.20% p.a.

Repayment period is 15 years after course period + 12 months of loan holiday. Repayment will commence one year after completion of course and loan should be repaid in 15 years after the commencement of repayment.

Processing Charges for loans up to Rs.20 lakhs: NIL whereas, when the loan is above Rs.20 lakhs processing charges is Rs.10000 (plus taxes)

·     AXIS BANK:

Loan Amount Offered: 50,000 – 5Crore

Interest Rate: 0.75% of differential loan amount above 20 lakhs + GST (Non Refundable).

Repayment Tenure: Repayment period is given on loans starting from 12 months – 240 months i.e. 20 years.

Processing Charges for loans up to 20 lakhs is Rs.15000 + GST (Refundable Fee)

·     HDFC BANK:

Loan Amount Offered: For students who have secured the admission it is up to 20 lakhs for studies overseas.

Interest Rate: 9% - 14.1%

Repayment Tenure: Up to 15 years.

Processing Charges up to 1.5% of the sanctioned amount plus any tax.

·     CANARA BANK (UDAAN):

Loan Amount Offered: For Education Overseas Canara Bank Udaan scheme offers Up to Rs.20lakh.

Interest Rate: If the loan amount is less than 4lakhs, no interest will be levied. If it is more than 4 lakhs then the interest rate is 15%

Repayment Tenure: Starts a year after the course is completed or six months after landing a job, whichever is earlier.
Loan with interest can be repaid in EMIs i.e. you can take 10 years to repay your loan amount up to Rs.7.5 lakhs and 15 years if the amount is more than that.

·      PUNJAB NATIONAL BANK:

Punjab National Banks offers different schemes for education loans such as:
PNB SARASWATI – To provide financial support to meritorious students for pursuing higher education in India.

PNB PRATIBHA – To provide financial support to meritorious students who get admission in Premier Institutes in India.

PNB UDAAN – To provide financial support to meritorious students for pursuing higher education abroad.

Repayment Tenure: Maximum Up to 15 years.

Repayment Holiday (Moratorium Period): Course Period + 1 Year

Interest Rates:

·      Loan for pursuing education from premier foreign universities and educational institutes under PNB Udaan scheme up to 7.50 lakh covered under CGFSEL: MCLR + 0.60%

·      Loans irrespective of amount (where 100% Tangible collateral security in the shape of IP, enforceable under SARFAESI Act, and/or liquid security is available): MCLR + 1.10%.

(Where MCLR is Marginal Cost of funds based Lending Rate)

Processing Charges: Rs.250/- + GST

Introduction

In a well-established democratic state or society everyone must enjoy the right to communicate freely his or her convictions, thoughts, opinions, judgments, information and ideas and share the same before the public in whatever from they want either communicable medium or visible representation, especially based on the trending issues of public importance. In context to Human Rights this is called as “Freedom of Expression”. On the other-hand, Freedom of Expression forbid the State and other citizens of the State from censorship and can only be forbidden on serious circumstance, i.e., lawful restriction. Further, it is the mother of all other liberties or freedom.

International Perspective

The term “Freedom of Expression” is broadly recognized as a basic Human Rights, Under Article 19 of the Universal Declaration of Human Rights, 1948, i.e., (UDHR) and also recognized as an International Human Rights Law in the International Covenant on Civil and Political Rights, 1966, i.e., (ICCPR). Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "for respect of the rights or reputation of others" or "for the protection of national security or of public order (order public), or of public health or morals".

Indian Perspective

Under Article 19(1)(a) of the Constitution of India, 1950, found in Part III, which enumerates the Fundamental Rights, provides all the citizens of India the right to freedom of Speech and Expression. Even, the Preamble of the Indian Constitution itself reflect to secure to all the citizens, the “liberty of thought and expression”. To be noted, Freedom of Expression not only propagandize one’s view only but the same includes the freedom to propagandize or promote and publish the views and opinions of other people, thus it includes the “Freedom of Press”.

A reasonable human being wishes to do many things, but it may not be acceptable by a civil society. Thus, the same need to be regulated, controlled or reconciled by the authority for the sake of other citizens to not jeopardize their public interests. Therefore, Under Article 19(2) of the Constitution of India, reasonable restriction is been imposed on the right to freedom of expression.

Grounds of Limitation on Freedom of Expression under Constitution of India

As discussed above, apart from the liberty of expression under Article 19(1)(a), reasonable restriction is imposed under Article 19(2) on the following grounds for the interest of the public at large:

1) Security of the State: Security of State includes provoked or aggravated formation of public order, for example unlawful assembly, riots, affray, waging war against the State, etc. Thus, where an individual’s expression or speech by way of any medium incites, provoke or encourage to the commission of violence shall be a threat to the State. Therefore, reasonable restriction needs to be imposed to the interest of the nation’s security.

2) Friendly relations with Foreign States: The purpose behind this provision is to restrict unrestrained malicious propaganda against a Foreign friendly State, which mat threaten the stability of good between the native and other state.

3) Public order: The concept of public order is much broader than the ordinary prolongation of law and order. Any act of an individual which generally mess up with the public peace and tranquility disturbs public order. Thus, acts including communal disturbances and promoting strikes with an object to induce agitation among society are offences against public order.

4) Decency or Morality: This provision is enumerated to prohibit the exhibition or distribution or sale of obscene objects, words, etc. in public places. In the interest of decency and morality under Section 292 and Section 294 of the Indian Penal Code, 1980, enumerates the instances of restriction on the freedom of Speech and Expression.

5) Contempt of Court: Reasonable restriction can be imposed if an individual’s acts amount to contempt of court, it may be either civil or criminal contempt.

6) Defamation: When a person’s reputation is hampered or injured by way of publishing any statement, amounts to defamation. The term defamation is defined under Section 499 of the Indian Penal Code, 1980.

7) Incitement to an Offence: An act conferring inciting or instigating people to commit an offence under liberty of expression is restricted.

Grounds of Limitation on Freedom of Expression under ICCPR

As discussed above, Article 19(1) & Article 19(2) of the International Covenant on Civil and Political Rights, 1976, enumerates that, “everyone shall have the right to hold one’s own opinion and ideas without interference and shall also have the right to freedom of expression which includes freedom to seek, receive and impart information and ideas of any kind, either in written or print or in form of art or pictures or through any media of their individual choice.”  Whereas, Under Article 19(3) of the International Covenant on Civil and Political Rights, 1976, enumerates that, “the exercise of the rights given under Article 19 (1) & (2) carries with it special duties and responsibilities, which are subjected to certain limitations and shall be provided by law for rights and reputation of others and protection of national security or public order or public health or morals.

Application of Restrictions to the Right of Freedom of Speech and Freedom of Expression in Europe and South American Nations

The scope of limit in respect of freedom of speech in several countries are addressed by their constitutions. All this constitutions are unanimous on a single argument and that is thought the freedom of speech is a constitutionally guaranteed fundamental right, it is not an absolute right either, therefore limitations are applied to the right of freedom of speech at varied levels.

Freedom of Speech as it has never been intended to be an absolute right, in contrast to the First Amendment of the United States Constitution, the definition in the Declaration of Human and Civic Rights,1789, provided limits to the right of freedom of speech and expression. Article 10 of the Constitution states – “no one may be disturbed on account of his opinions, even religious ones, as long as the manifestation of such opinions does not interfere with the established Law and Order.” (DÉCLARATION DES DROITS DE L'HOMME ET DU CITOYEN DE 1789 art. 10.) Article 11 provides that, “any citizen may therefore speak, write and publish freely, except what is tantamount to the abuse of this liberty in the cases determined by Law.” The European Convention on Human Rights also mentions that freedom of speech and expression are associated with the sense of duties and responsibilities, therefore such rights are “subject to formalities, conditions, restrictions or penalties as are prescribed by law.” It further states that such restrictions are required for a democratic nation considering the issues of “interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.” 

Such restrictions are widely found in the legislations of China and Ukraine. The Chinese cybersecurity Law imposes restrictions on usage of internet if it is found that such a use is satisfying the criteria of – “endanger the sovereignty, overturn the socialist system, incite separatism, break national unity, advocate terrorism or extremism, advocate ethnic hatred and ethnic discrimination, . . . [and] create or disseminate false information to disrupt the economic or social order.” Similar prohibited expressions apply under China’s Regulation on the Administration of Publishing, including a prohibition on the destruction of “public order or . . . public stability.”

Ukraine has started putting restrictions to the right to freedom of speech in the context of Euromaidan Revolution in the year 2014 and with the conflict of Russian Federation. Ukrainian law along with the provisions of censoring, it also has the penal provisions to restrict in the form of language quotas for broadcasting, print and publishing media in languages other than Ukrainian. The law also puts ban on films which contain propaganda of an “aggressor state”, because this aggressor state image of Ukraine is prohibited from being exhibited by the law. Article 10 of the Constitution states – “as the manifestation of such opinions does not interfere with the established Law and Order.” Article 11 of the Constitution provides that “any citizen may therefore speak, write and publish freely, except what is tantamount to the abuse of this liberty in the cases determined by Law.”

France has an outstanding standard of legal parameters to limit the freedom of speech and expression which is adopted by other constitutions of several nations. French laws seek to balance freedom of speech with other imperatives, as shown by extensive jurisprudence on this topic. The Cour de cassation, France’s highest court for civil and criminal matters, established the general principle that “restrictions to freedom of expression should be interpreted narrowly.” It also emphasizes that such restrictions must also be proportional to the expected harm which is assumed to be detrimental for the society. A decision in the year 1933 decision by the Council of State, which is the highest judicial authority in France regarding administrative law. In that case, the mayor of the City of Nevers prohibited the plaintiff from holding a public meeting, in response to protests from teachers’ unions. The Council of State struck down the mayor’s order prohibiting the meeting on the grounds that it was disproportional to the risk of public disorder that the meeting presented. While this decision was a classic case of freedom of assembly of which the principle of proportionality applies to freedom of expression as well. The decision of this case was cited in a 2014 decision in which the Council of State upheld the prohibition of a public performance by controversial comedian Dieudonné M’bala M’bala, because it was justified by the high risk that he would disturb public order by engaging in illegal hate speech. The French law has set a standard of imposition of restrictions given the yardsticks of Freedom of Speech, Limits Related to the Rights of Others, Limits Related to Public Order.

Several other countries such as Argentina, Brazil, Canada, Germany, Israel, Japan, Netherlands, New Zealand, Sweden, Ukraine, United Kingdom have imposed similar restrictions on freedom of speech and expression on the similar note with France.

Conclusion

To conclude this article, it can be easily understood from the above discussion that among all the Fundamental Rights the most important is the Right to Freedom of Speech and Expression. Where it includes broadcasting of one’s view by script writing or in words or through audiovisual instrumentalities or advertisement or any other communication channel. It also widens its scope towards the right to information, freedom of press, etc.

In the light of the limitation or restriction imposed on the right to freedom of expression should be reasonable and with proper nexus i.e., there should be a rationality of relationship between the restriction imposed and achievements of the grounds of restriction. The restriction imposed on liberty of expression in the interest of the public at large include not only utterances as are directly provokes to lead to disturbances but also include those that have the propensity to lead to disturbances.

The Right to Freedom of Speech and Expression are guaranteed by the constitutions of nations and with this guaranty the reverse effect of such guaranty is reflected through the limit which are imposed to such right because right is associated with due responsibilities and duties. The concept of Limits to the right of Freedom of Speech and Expression is thus a vast thinking perception which is interrelated and an essential feature of a civilized democratic society.

INTRODUCTION

Identity thefts make a standard headline that we read almost every day. What is the real picture? It's not where a person steals an identity but the same person uses that stolen identity to extort money. It is a facial crime that makes the victim vulnerable both financially and emotionally. It's a crime that could happen to anyone and could shamble the life of the victim. There is an increasing danger of identity theft and the rate of crime is high at all the times. A recent 2003 report by the FTC indicated that approximately 9.3 million adults have suffered from identity thefts in some form or the other.

According to Oxford Dictionary, Identity Theft is defined as “using somebody else’s name and personal information in order to obtain credit cards and other goods or to take money out of the person’s bank accounts”.

Identity theft is a crime of opportunity which is generally committed by impersonating a victim to acquire valuable things that a victim possesses, such as credit cards, loans or other valuable things. The theft might happen when the information of the victim is easily accessible to the public in general or if the relevant credentials of the victim have been left unattended.

Identity theft is not a recent phenomenon; it has been unfortunately practiced since the invention of the Internet and computers.

Social networking is a must now-a-days and not being active on such sites is considered a taboo. Using their true identity has become a standard practice for users but it has also given rise to pseudonym users who use borrowed identity which leads to such crimes.

TYPES OF IDENTITY THEFT

·        Criminal Identity Theft- If a person fraudulently presents himself as a police officer at a point of arrest this amounts to what is known as theft of criminal identity.

·        Identity Cloning- Here the individual impersonates himself as another individual, this leads to Identity Cloning in order to hide his identity from others.

·        Medical Identity Theft- When an individual tries to receive medical treatment under another person's identity this leads to theft of medical identity.

·        Financial Identity Theft- This is one of the most popular identity thefts occurring when a person attempts to gain economic advantage in the name of another person.

·        Tax identity theft- When someone gains another person’s information and uses that to receive a tax refund, this amount to Tax Identity Theft.

MAIN VICTIMS

Senior citizens- Elders often become a victim to these crimes because they tend to trust easily, have more accumulated savings and don't regularly track their finances. In addition to this, they can easily be fooled into transmitting confidential key information through telephone calls or email replies and because of these characteristics they are simple victims.

The Massachusetts Institute of Technology conducted a study where people belonging to different age groups were asked, if they felt that they could easily trust most people. As per the same study most of those born between 1946 to 1964, gave the highest percentage of Yes as an answer.

Children- Children have no credit activity and serve as a blank slate for thieves. Criminals are using knowledge from children to open up new lines of credit. They are really easy targets because they do not track their credits and their accounts on regular basis. For years these crimes go undetected, and years later if and when it is discovered then the only thing that can be done is to control the damage that has already been made.

According to the Javelin Strategy & Research report of 2017, more than 1 million children were victims of identity theft or fraud in 2017 and two-thirds of those affected were aged 7 or younger.

ALARMING SIGNS

Most victims ignore the potential signals that can function as indicators and prevent identity theft. Some of these alarming signs are:

• Verification calls from a bank or a service provider
• A warning/notice from a bank/service provider
• Credit report showing unexplained entries
• Small amounts being debited from your bank accounts in regular intervals
• Purchases in your card statement that you have not authorized
• Receiving a statement or bill for a service, you have not purchased/used

STEPS TO RECOVER YOUR MONEY

1.      Analyse what's been stolen- Try to find out what you were a victim of before you start to panic. Seek to find out what all is missing.

2.      File a complaint with the police-You need to lodge a report immediately with your nearest police station or cyber-crime cell that can help you prove that you have been a victim of theft / crime. The police may merely file a written report and do not investigate the matter so you cannot obtain legal redress such as bank reimbursement, etc. without the complaint. It will also be required for other procedures such as opening a new account and insurance renewal etc.

3.      Inform a National Credit Reporting Agency (CRA)-Contacting one of the CRA's mentioned below will further reduce the risk of opening an account on your behalf without your permission.

3.There are 6 major credit reporting agencies in India under the Security and Exchange Board of India (SEBI):

•ICRA
•Equifax

•CRISIL
•CRIF
•CIBIL
•Experian

4.      Checking Financial Accounts- Make sure you close all accounts opened under your name or with your personal details without your permission, and close all of your current accounts that have shown any unauthorized activities.

5.      Credit Reports for Review- After you have placed a fraud report, the CRAs will send you confirmation letters that will further instruct you on how to order a free report. Under the law, one free report from each CRA is required once every 12 months. You may apply for credit report online or by calling on their helpline number.

LEGAL PROVISION IN INDIA

An identity theft is a crime involving both fraud and theft, which is why the provisions of the Indian Penal Code, 1860 (IPC) are sometimes used in combination with the Information Technology Act, 2000.

Some of the Sections of the IPC such as Section 464 (Forgery), Section 465 (Making False Documents), Section 468 (Forgery for Purpose of Cheating), and Section 474 (possession of a document known to be Forged and intending to use it as Genuine) can be combined with those of the Information Technology Act, 2000.

In India, the IT Act, 2000 (the Information Technology Act) deals with cybercrime. The Sections dealing with Cybercrimes are as follows:

Section 43-Punishment by penalty and reimbursement for harm to the information / computer network, etc.,

Section 66-Computer related crimes,

Section 66B-Punishment for obtaining dishonestly stolen computer resource or communication device,

Section 66C-Punishment for identity theft,

Section 66D- Punishing a person for cheating by personating by using a computer

The Government has made certain recommendations that 2 new sections must be included in the IPC, 1860 (Indian Penal Code), i.e. Section 147A and Section 419A.

Section 147A deals with cheating by using any unique identification feature of any other person shall be punished with imprisonment for a term, which may extend to a period of three years, or with fine or both.

Section 419A deals with cheating by impersonating using a network or computer resource shall be punished with imprisonment for a term, which may extend to a period of five years, or fine or both.

CONCLUSION

It is safe to say that identity theft is one of those crimes which could top the criminal charts in the near future, and that is why one must always be careful about their sensitive key details and not leave their important mails or devices containing personal data unattended. One should be vigilant about the warning signs and act upon them as soon as possible.

Introduction

Nowadays, there is a large backlog of cases pending before the Indian courts and, in order to resolve cases quickly and efficiently, the courts need all the tools to allow them to fulfill their responsibilities and obligations. There has been continuous development in modern technology, and it is not mandatory for judges to have knowledge of all the issues involved. It is important to note that, for every judicial reform in India or outside India, it is up to the judges and the advocates to collect the facts and testimony of each and every witness, as the witness is the primary source of proof in the courts. This is therefore for the bench of justice to form their own view on the basis of that view. A witness is a person who gives an oath or testimony before some judicial body, e.g. an expert opinion. The child witness is the one who, at the time of the testimony, is below the age of 18 years. In particular, the legislation in India has not accepted the age limit of a child in order to be a qualified witness. In India, any child who may be able to meet the test of competence may become a witness, and there is no law banning children from being witnesses.

Analysis

As per Section 118 of the Indian Evidence Act, any person, including a child or an elderly person, other than a tender year, an extreme old age, a disease, whether of body or mind, or any other similar cause, is competent to be considered a witness in the court of law if he or she is able to understand the questions put to him or to provide reasonable answers to those questions.

In order to recognize a child's competence as a witness, the court is performing a examination called the "Voir Dire" examination. In this test, the judge directly asks the child questions which are not applicable to the case before the start of the trial, in order to determine whether or not the child is reasonable and of a sound mind. Any of the questions put to the court are the name of the child, Residence, date of birth, name of school, etc. When the Court of Justice is completely pleased with the responses it has provided and with the investigation it has carried out, it shall be granted permission to testify as a witness before the court of law.

Despite arguments made by the Supreme Court in various cases, the provisions of Section 114 of the Indian Evidence Act include a certain amount of corroboration of the testimony of witnesses. Section 114 indicates that the requirement for corroborating proof is higher if a child, in particular a tender year, is unable to remember and a man of ordinary prudence (sound person) provides an response when a certain investigation / investigation is made. In other words, it is often called poor proof. At the other hand, the proof needed is much lower for a child witness if he or she is able to understand and provide a reasonable answer to the questions posed to him or her.

For most cases, the child witness is admissible as testimony for criminal cases before the court of law. For example, the Juvenile Justice Act 2012, and the Protection of Children from Sexual Offences Act,2019. A child witness shall be held under separate judicial protection, so as not to damage either of the accused or any of the perpetrators by bringing them to trial. In order to identify the accused in the court of law, the child witness is admissible as evidence. For certain cases, they are not in a position to recognize the perpetrators, and so, in these situations, if the judges find fit and necessary, they provide the victim with the benefit of doubt.

A multidisciplinary team including the prosecutor, executives and social activists will be educated by the government and used in the investigation and prosecution of cases where the child is believed to be a victim or witness of violence. An officer who specializes in criminal cases must be assigned to deal with all aspects of a case involving an alleged child victim or witness in order to minimize the number of times a child is called upon to recall the incidents involved in the case and to build a sense of confidence and faith in the child.

Every action taken by the court, whether the Juvenile Justice Court or the Protection of Children from Sexual Abuse Court, will be taken by the court to ensure a speedy trial in order to minimize the difficulty and overall strain of the case on the part of the victim. Such a rapid trial is required in order to prevent adverse effects on the parties concerned. The court will conclude the trial within a reasonable amount of time, not only for the social and moral well-being of the infant, but also for society as a whole. It is up to the judges to ensure the timely and successful application of the law after hearing the arguments of all parties so as not to prolong the granting of justice as it is claimed that "Justice delayed is justice denied."

In order to enforce some constitutional or procedural changes to the laws passed under the Indian Evidence Act, 1872 on the admissibility of child witness testimony, where a child may have been abused, threatened or harassed by an attacker or may have been deemed a witness in a court of law, such a bill should be introduced in both houses of Parliament. The State Government and the Central Government should devise and enforce these awareness programs in order to develop their mental ability, handle stress and the the trauma experienced by them during the court proceeding. If required, the rules and procedures in Parliament should also be amended.

The media as a whole plays a very important role in each and every nation in this world. It is their duty to report any incident in every part of this country on the social, economic, political and cultural well-being of citizens. It is their responsibility to report and publish news on crimes committed against women and children and also, where they have been witnesses in court, on any general awareness programs developed for them by any state or central government. The public has the right to know and even to lodge a FIR in the police station against any attackers for misbehavior against these juveniles.

It is also recommended that the court should create its own investigation / monitoring committee to collect the facts and documentation supporting the written statements and records submitted by the counsel of the parties concerned. All papers, either with a lawyer or with a court of law, must be kept private. The Special Investigation Team (SIT) is also appointed by the central government to collect a significant amount of valuable information from the child in such cases where he / she has suffered a mental trauma after finding such an accident. The Central Bureau of Investigation (CBI) and the Central Vigilance Commission (CVC) are also named. For certain cases, if the child witness is admitted to the hospital because of the injuries he sustained when he was at the victim's accident site, the high court can also move the bench for the testimony of the child witness. This is also proposed that the State and the central government set up fast-track courts to conclude the trial (fast trial) within 3 mts from the date of such an accident.