THE MOTOR VEHICLES (AMENDMENT) ACT, 2019(મોટર વ્હીકલ એક્ટ)

 THE MOTOR VEHICLES (AMENDMENT) ACT, 2019

1 સપ્ટેમ્બર 2019થી RTOએ દેશમાં ટ્રાફિકના નવા નિયમો લાગૂ કર્યા છે. જેના કારણે લોકોને કોઈને કોઈ ડોક્યૂમેન્ટના અભાવે વધારે રૂપિયા દંડ રૂપે ભરવા પડી રહ્યા છે. આ સમસ્યાને લઈને શહેરીજનો અગવડ ભોગવી રહ્યા છે.

સેન્ટ્રલ મોટર વ્હીકલ રૂલ્સના નિયમ 139માં ઉલ્લેખ છે કે વાહન ચાલકને પોતાના ડોક્યૂમેન્ટ્સ રજૂ કરવા માટે 15 દિવસનો સમય આપવામાં આવે છે. ટ્રાફિક પોલીસ તરત જ વ્યક્તિનો મેમો ફાડી શકે નહીં.નવા મોટર વ્હીકલ એક્ટ લાગૂ થયા બાદથી વાહનનું રજિસ્ટ્રેશન સર્ટિફિકેટ (RC), ઇન્શ્યોરન્સ સર્ટિફિકેટ, પોલ્યુશન અંડર કંટ્રોલ સર્ટિફિકેટ (PUC), ડ્રાઈવિંગ લાયસન્સ (DL) અને પરમિટ સર્ટિફિકેટ તરત જ ન બતાવવામાં આવે તો મેમો ફાડવામાં આવી રહ્યો છે. જો કે સેન્ટ્રલ મોટર વ્હીકલ રૂલ્સના અનુસાર તમે ટ્રાફિક પોલિસ કોઈ પણ ડોક્યૂમેન્ટ માંગે અને તરત જ ન બતાવો તો તે ગુનો નથી.

સેન્ટ્રલ મોટર વ્હીકલ રૂલ્સના નિયમ 139માં ઉલ્લેખ છે કે વાહન ચાલકને પોતાના ડોક્યૂમેન્ટ્સ રજૂ કરવા માટે 15 દિવસનો સમય આપવામાં આવે છે. ટ્રાફિક પોલીસ તરત જ વ્યક્તિનો મેમો ફાડી શકે નહીં. આનો અર્થ એ છે કે જો વાહન ચાલક દાવો કરે છે કે તે 15 દિવસમાં ડોક્યૂમેન્ટ્સ બતાવી દેશે તો પોલીસ કે આરટીઓ તે વાહન ચાલકનો મેમો ફાડી શકે નહીં. આ પછી વાહન ચાલકે તમામ જરૂરી ડોક્યૂમેન્ટ્સ સંબંધિત ટ્રાફિક પોલીસ કે અધિકારીને બતાવવાના રહે છે.

મોટર વ્હીકલ એક્ટ 2019ના નિયમ 158ના આધારે એક્સીડન્ટ થાય કે કોઈ ખાસ કેસમાં પણ ડોક્યૂમેન્ટ્સ બતાવવાનો સમય 7 દિવસનો મળે છે. જો ટ્રાફિક પોલીસ RC, DL, ઈન્શ્યોરન્સ સર્ટિફિકેટ, PUC અને પરમિટ સર્ટિફિકેટ તરત જ ન બતાવવા માટે મેમો ફાડે છે તો ચાલક પાસે કોર્ટમાં તેની વિરુદ્ધ અરજી કરવાનો વિકલ્પ હોય છે.

ટ્રાફિક પોલીસ ગેરકાયદેસર રીતે મેમો ફાડે છે તો તેનો અર્થ એ નથી કે વાહન ચાલકે તરત જ મેમો ભરવો પડે. તે મેમો કોર્ટનો કોઈ આદેશ નથી. તમે તેની વિરુદ્ધમાં કોર્ટમાં અપીલ કરી શકો છો. કોર્ટને લાગે કે વાહન ચાલકની પાસે બધા ડોક્યૂમેન્ટ્સ છે અને તેને રજૂ કરવા માટે 15 દિવસનો સમય આપવામાં આવ્યો નથી તો તે દંડની રકમ માફ કરી શકે છે.

જ્યારે મેમો ફાડવામાં આવે ત્યારે એક વિટનેસની સિગ્નેચર હોવી જરૂરી છે. કોર્ટમાં સમરી ટ્રાયલ સમયે ટ્રાફિક પોલીસે વિટનેસ સાથે રાખવો જરૂરી છે. જો પોલીસ વિટનેસ રજૂ કરી શકતી નથી તો તેનો ફાયદો વાહન ચાલકને મળે છે.

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THE MOTOR VEHICLES (AMENDMENT) ACT, 2019

CHILD LABOUR IN INDIA

CHILD LABOUR IN INDIA

India is home to the largest child population in the world. ‘Child Labour’, as defined by the International Labour Organization, refers to work that leads to the deprivation of one’s childhood and education opportunities. Effects include a loss of potential and dignity in self, which is harmful to a child’s physical and mental development. The term child labour is defined as ‘the work that deprives children of their childhood, their potential, and their dignity and, that is harmful to their physical and mental development’. 

The definition of a child as given under Child Labour (Prohibition and Regulation) Act of 1986defines, ‘child means a person who has not completed his fourteen years of age’, however, mere defining this can’t solve the issue. The Union Cabinet has approved a proposal for amending the Act, to ban employment of children aged up to 14 in any form of industry. It will be an offence to employ such children not only in factories or industries, but also in home or farms, if their labour is meant to serve any commercial interest. The Cabinet also approved another amendment to define those children aged 14-18 as ‘adolescents’ and prohibit their employment in mines, explosive industries, chemical and paint industries, and other hazardous establishments. The government’s decision is in line with the convention of the International Labour Organization (ILO), which prohibits any form of child labour until the age of 14.
According to HAQ(meaning Rights in Urdu): Centre for child rights, child labour is most prevalent among schedule tribes, Muslims, schedule castes, and OBC children. The persistence of child labour is due to the inefficiency of the law, administrative system, and because it benefits employers who can reduce general wage levels. HAQ argues that distinguishing between hazardous and non-hazardous employment is counter-productive to the elimination of child labour. Various growing concerns have pushed children out of school and into employment such as forced displacement due to development projects, such as Dam construction at Narmada and Tihri; loss of jobs of parents due to economic slowdown, farmers' suicide; armed conflict, and high costs of health care. Girl child is often used in domestic labour within her own family. There is a lack of political will to outlaw the child labour.
Following are the conditions, under which an activity shall be recognized as child labour:
• is mentally, physically, socially, or morally dangerous and harmful to children; and
• interferes with their schooling by:
I. depriving them of the opportunity to attend school;
II. obliging them to leave school prematurely; or
III. Requiring them to attempt to combine school attendance with excessively long and heavy work.
Articles related to Child labour in India
1. Article 14 (No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other dangerous employment.
2. Article 39-E ( The state shall direct its policy towards securing that the health and strength of workers, men and women, and the tender age of children are not abused, and that they are not forced by economic necessity to enter vocations unsuitable to their area and strength.
3. Article 39-F (Children shall be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, and that childhood and youth shall be protected against moral and material abandonment.
4. Article 45 (The state shall endeavor to provide within a period of ten years from the commencement of the constitution, for free and compulsory education for all children until they complete the age of fourteen years. The main legislative measures at the national level are The Child Labour Prohibition and Regulation Act – 1986 and The Factories Act – 1948.
Causes of child labour in India
POVERTY:
Poverty can be termed as the main reason for child labour in India. Though the country has achieved commendable progress in industrialization, the benefits of the same have not been effectively passed on to the lower strata of society. In order to keep costs down, even large companies employ unorganized workers through contractors, who get uneducated and unskilled and semi-skilled people at very low wages.
This helps the industries to keep their labour costs down at the cost of the poor labourers. In effect, what happens is that, the children of these poor unorganized labourers have to find some work to help run the family. They cannot afford to go to school when they do not have food to eat, and when their other brethren go hungry. Hence, children from such deprived families try to work as domestic servants, or in factories that employ them, and remain uneducated and grow up that way becoming perennial victims of this vicious cycle of poverty and suppression.
HIGH COMPETITION FOR JOBS
The industrialists in India have been successful in taking advantage of this disadvantage faced by job seekers. Due to high population, the job seekers are not in a position to bargain a higher wage. As a result, the poor remain poor working for low wages.
ILLETERACY AND LACK OF EDUCATION
Illiteracy is a situation when a person is not able to read and/or write. This is when the person is not in a position to get even primary education. Lack of education is another aspect which is a result of illiteracy and lack of information. An uneducated person is one, who is generally unaware of things which an average person is required to know. Such people are normally unaware of their human rights and the rights of their children too. The children of such people normally become child labourers around their homes.
IRRESPONSIBLE ATTITUDE OF EMPLOYERS
A general sense of irresponsibility towards society is seen among the employers in India, who are least bothered as to how their employees survive. In spite of being aware of the high cost of living and inflation, they are least bothered and least ashamed to pay wages, which are much below sustenance levels. Also, if the employers were responsible, they in the first place would not employ children at all.
The following are some of the situations in which children are engaged in work:
• Agriculture- children working long hours, and under severe hardships on the fields. They are also exposed to the hazards of working with modern machinery and chemicals;
• hazardous  industries/  occupations-  like glass making, mining, construction, carpet-weaving, zari-making, fireworks, and others, as listed under the Child Labour Act;
• small industrial workshops and service establishments;
• on the streets-  rag-pickers, porters, vendors etc;
• Domestic work- largely invisible and silent, and hence face higher degree of exploitation and abuse in the home of employees.
The steps taken for eradication of Child Labour
Prevention:
According to the Child Labour Prohibition and Regulation Act, children of any age may be employed, provided employers adhere to restrictions, including a maximum of 6-hour workday with a 1-hour rest period, at least 1 day off per week, and no night or over-time work. The Child Labour Prohibition and Regulation Act bars children from age 14 to 18, from hazardous occupations and 65 hazardous processes, such as handling pesticides, weaving carpets, breaking stones, working in mines, and domestic service. The Factories Act bars children under age 14 from working in factories. Employing children under age 14 in a hazardous occupation or process can lead to fines and imprisonment. Additionally, the government must either compensate the family of the child, or find employment for an adult member of the family. State governments also have the authority to pass legislation establishing a minimum age for work. In 2012, the State of Rajasthan passed legislation establishing a legal minimum working age of 18 years.
However, gaps remain in legal protections for working children. The lack of a national minimum age for employment increases the likelihood that very young children may engage in activities that jeopardize their health and safety.
The Juvenile Justice (Care and Protection of Children) Act prohibits employers from exploiting juvenile employees under age 18, through practices such as keeping them in bonded conditions or garnishing their wages. Violators may be fined or imprisoned.
The Bonded Labour System (Abolition) Act outlaws bonded labour in India and provides for district-level vigilance committees to investigate allegations of bonded labour, and release anyone found in bondage. The Act also provides for rehabilitation assistance payments for released bonded labourers. Persons found using bonded labour may be fined and face imprisonment. In April 2013, the Criminal Law (Amendment) Act was passed, which amended the Indian Penal Code to protect children and adults from being trafficked into exploitative situations, including forced labour situations. Penalties include fines and up to lifetime imprisonment. In 2012, the government passed the Protection of Children from Sexual Offence Act. The law protects children from sexual assault, sexual harassment, and pornography and establishes special courts for trials of these crimes. The amendment includes penalties for those who employ children or adults who have been trafficked. Penalties include fines and up to lifetime imprisonment. The Information Technology (Amendment) Act of 2008 includes penalties of fines and imprisonment for any person, who publishes, collects, seeks, or downloads child pornography in electronic form. The Narcotic Drugs and Psychotropic Substance Act No. 61 makes it illegal to cause any person, including children, to produce or deal in narcotic or psychotropic substances; punishment consists of fines and imprisonment.
Education is free and compulsory up to age 14. The Right of Children to Free and Compulsory Education Act (RTE) lays out the country’s commitment to provide universal access to primary education with a focus on children from disadvantaged social groups. The RTE provides for free and compulsory education to all children aged 6 to 14. The Act prohibits denying admission to children who lack a birth certificate, allows children to transfer schools, requires local authorities to identify out-of-school children, forbids discrimination against disadvantaged groups, and prescribes quality education standards. In 2012, the RTE was amended to include children with disabilities. Research has shown that disabled children, who face barriers to education, may be at greater risk of working in hazardous occupations.
Government is taking various proactive measures towards convergence of schemes of different Ministries like Ministries of Human Resource Development, Women & Child Development, Urban Housing & Rural Poverty Alleviation, Rural Development, Railway, Panchayati Raj Institutions etc. so that child labour and their families get covered under the benefits of the schemes of these Ministries. Some are listed below:
• Ministry of Women and Child Development; for supplementing the efforts of this Ministry in providing food and shelter to the children withdrawn from work through their schemes of Shelter Homes, etc.
• Ministry of Human Resource Development, for providing Mid-day meal to the NCLP school children, teachers training, supply of books, etc under Sarva Shiksha Abhiyan and mainstreaming of NCLP children into the formal education system.
• Convergence with Ministries of Rural Development, Urban Housing and Poverty Alleviation, Panchyati Raj, for covering these children under their various income and employment generation scheme for their economic rehabilitation.
• In each State one officer from the State Department of Labour has been nominated as Anti Human Trafficking Unit (AHTU) to act as link officer for co-coordinating with Ministry of HRD in that state, for prevention of trafficking of children. CBI is the nodal anti-trafficking agency.
• Convergence with Ministry of Railways for generating awareness and restricting trafficking of children.   Further the Ministry is implementing a pilot Project Converging against child labour – support for India’s Model in collaboration with International Labour Organization, SRO Delhi funded by US Department of Labour, with the objective to contribute to the prevention and elimination of hazardous child labour, including trafficking and migration of children for labour. The Project is covering two districts each in Bihar, Jharkhand, Gujarat, Madhya Pradesh, and Orissa for duration of 42 months.
Rescue & Repatriation:
• During inspections and raids, children identified are rescued, and rehabilitative measures are set forth in motion by way of repatriation, in case of migrant child labour, and providing bridge education with ultimate objective of mainstreaming them into the formal system of education. Besides pre-vocational training is also provided to the rescued children.
Rehabilitation:
• With regard to educational rehabilitation, the government is implementing National Child Labour Project Scheme (NCLP) in 266 child labour endemic districts in 20 States. Objectives of the Scheme are:
I. This is the major Central Sector Scheme for the rehabilitation of child labour.
II. The Scheme seeks to adopt a sequential approach with focus on rehabilitation of children working in hazardous occupations & processes in the first instance;
III. Under the Scheme, survey of child labour engaged in hazardous occupations & processes has been conducted;
IV. The identified children are to be withdrawn from these occupations & processes and then put into special schools in order to enable them to be mainstreamed into formal schooling system;  and
V. Project Societies at the district level are fully funded for opening up of special schools/Rehabilitation Centres for the rehabilitation of child labour.
• Under the Scheme, children found working in hazardous occupations are withdrawn from work and put into bridge schools, where they are provided with formal/non-formal education, vocational training, health care, mid-day meal, and stipend of Rs.150 per month, with ultimate objective of mainstreaming them into formal educational system.
• At present, 7311 special schools are in operation with enrolment of 3.2 lakh children. Under the Scheme, about 8.52 lakh children have been mainstreamed into formal system since inception.
Institutional Mechanisms for eliminating child labour
The National Authority for Elimination of Child Labour is a high-level governmental body, chaired by the Ministry of Labour and Employment (MOLE). It reviews, monitors, and co-ordinates policies and programs on child labour. The National Steering Committee on Child Labour is a tripartite committee, that guides and monitors child labour policy, with members representing government agencies, employers, and workers. The Secretary of Labour and Employment chairs the Central Monitoring Committee, which is responsible for reviewing the prevalence of child labour and monitoring the actions taken to eliminate child labour. The Core Group on Child Labour, which is composed of eight ministries and chaired by MOLE, co-ordinates the convergence of social protection schemes to reduce child labour.
The National Human Rights Commission (NHRC) is charged with monitoring implementation of the Bonded Labour System (Abolition) Act. The NHRC monitors state level action against bonded labour, through its review of quarterly reports by state governments on bonded labour, and through exploratory and investigative missions. The NHRC maintains an office to monitor the progress of cases involving bonded labour and child labour that are pending with authorities throughout the country. Despite the rescue and rehabilitation of bonded labourers, prosecutions have not always taken place.
The Ministry of Women and Child Development (MWCD) is charged with co-coordinating anti-trafficking policies and programs for women and children. The Ministry of Home Affairs (MHA) Anti-Human Trafficking Cell continues to implement the Government’s nationwide plan to combat human trafficking by co-coordinating with states to establish Anti-Human Trafficking Units (AHTUs), and training thousands of officials to combat human trafficking. During the reporting period, 194 AHTUs have been established, and the MHA provided an additional $1.5 million to establish 110 more AHTUs. In January 2012, the Central Bureau of Investigation established an AHTU with a mandate to conduct operations to arrest traffickers of women and children.
The National Commission for the Protection of Child Rights (NCPCR) investigates cases that may involve a violation of a child’s rights or a lack of proper implementation of laws relating to the protection and development of children, including those related to child labour.
While MOLE provides oversight and co-ordination regarding the country’s labour laws, state governments employ labour inspectors to enforce these laws. Between January and August 2012, the Ministry of Labour reported that 25,040 child labour inspections took place. During this same period, there were 589 prosecutions and 167 convictions. During the reporting period, children were rescued from hazardous work during raids in several areas, including Delhi, Gujarat, and Karnataka. When child labour prosecutions are launched, it may take years before a case is resolved, because the judicial system is back-logged and over-burdened.
Eight state governments adopted State Action Plans for the elimination of child labour. In 2012, the Jharkhand State Action Plan became the latest of these. The Jharkhand plan calls for stronger enforcement mechanisms as well as the rescue and rehabilitation of children. Complaints about hazardous child labour can be made through a toll-free helpline, Child Line, which operates in 193 cities across India. In 2012, Child Line expanded to 68 additional cities. Complaints are then given to the police to investigate and rescue children.
Under India’s federal structure, state and local police are also responsible for enforcing laws pertaining to human trafficking. The Government of India has invested more than $400 million to establish the Crime and Criminal Tracking and Networking System to connect all of India’s 15,000 police stations. This will enable police to better monitor trends in serious crimes, including trafficking. As of 2012, this system was still in the process of being completed. It is not known whether the tracking system will disaggregate its data to include child trafficking victims, and this data is not currently being collected or made public through other mechanisms.
Possible Solutions:
• Elimination of poverty, free and compulsory education, proper and strict implementation of the labour laws, abolishment of child trafficking, among others, can go a long way in solving the problem of child labour.
• After the 86th Amendment of the Constitution in the year 2002, the provision for free and compulsory education between the age group of 6 to 14 years has been included as fundamental right under Article 21A. Children irrespective of their race, caste, sex, economic condition, religion, place of birth, and parents to whom they are born of, need to know how to read and write.  They need social and professional skills that only a school and nurturing environment can provide.
• The NGOs also have a big role to play in this regard. Various NGOs are working for the cause of child labour. MVF in Andhra Pradesh is a striking example. They have been working for the welfare of children in various respects.
• Compulsory education can help eradicating the problem of child labour up to a large extent. Statistics also show that education has helped in reducing child labour in western countries up to a large extent.
• Organizing literacy and awareness programme to prevent children from employment.
• Amendment and Modification into Social Security Legislation governing Child Labour.
• Control on Population growth to eliminate Poverty, which is the basic cause of Child Labour.
• Mandatory on industrialists for equal pay without discrimination as to age, status, religion etc.
• Adequate health services for children at large, living in the society.
• Need to provide training and education to the child workers during their free time.

RBI’s Monetary Policy

RBI’s Monetary Policy

In its third bi-monthly policy statement of the current financial year ( FY- 2019-20), the Reserve Bank of India's Monetary Policy Committee (MPC) has cut the repo rate for the fourth time in a row.

The MPC slashed repo rate by 35 basis points to 5.40%, the lowest in over nine years.

The MPC also revised downwards the GDP growth for FY20 from 7% in the June policy to 6.9% in August in the range of 5.8-6.6% for the first half of FY20 and 7.3-7.5% for the second half–with risks somewhat tilted to the downside.

All this has been done to support the sluggish economic growth and to stimulate aggregate demand.

Other Decisions taken by the RBI

The RBI has decided to allow round-the-clock fund transfers through NEFT from December 2019 in order to promote digital transactions.

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Currently, the National Electronic Funds Transfer (NEFT) operated by the RBI as a retail payment system is available for customers from 8 a.m. to 7 p.m. on all working days with the exception of the second and fourth Saturdays of the month.

The NEFT system is used for fund transfers up to ₹2 lakh.

Earlier in its June Monetary Policy, the RBI had done away with charges on fund transfers through RTGS and NEFT routes to boost digital transactions and asked banks to pass on the benefits to customers.

The Real Time Gross Settlement System (RTGS) is meant for large-value instantaneous fund transfers.

It has allowed the National Payments Corporation of India (NPCI) operated Bharat Bill Payment Service (BBPS) hub to enable payments for all recurrent billers (except prepaid recharges). At present, it is available only for DTH services, electricity, gas, telecom and water bills. Allowing all billers to plug into BBPS would mean that all payment providers will be able to offer customers anytime, anywhere payment services for every biller from their own sites or locations.

The Bharat bill payment system is a Reserve Bank of India (RBI) conceptualised system driven by National Payments Corporation of India (NPCI). It is a one-stop ecosystem for payment of all bills providing an interoperable and accessible “Anytime Anywhere” bill payment service to all customers across India with certainty, reliability and safety of transactions.

It has multiple modes of payment and provides instant confirmation of payment via an SMS or receipt.

The RBI also proposed creation of a central payment fraud registry that will track banking fraud. At present, there is a Central Fraud Monitoring Cell of the central bank.

Currently, RBI has a mechanism in place for banks to report all banking frauds to the Central Fraud Monitoring Cell of the Reserve Bank. The proposed registry extend the platform to all payments operators.

Payment system companies will be provided access to the registry for near-real time fraud monitoring and the aggregated fraud data will be published to educate customers on emerging risks. A detailed framework in this regard will be put in place by the end of October.

Risk monitoring and management involving fraudulent activities in digital payments is imperative, considering the massive growth of the industry, including infrastructure, volume and value of transactions.

For Non Banking Financial Companies (NBFCs): The central bank has decided to raise a bank’s exposure limit to a single NBFC to 20% of its Tier-I capital from 15% earlier. The hike will enable banks to increase the credit flow to big NBFCs.

This measure is pertinent at a time when lending activity by many NBFCs have declined significantly, resulting in demand slowdown for a range of items including cars, tractors, white goods among others.

Source: ToI

ARTICLE 370 AND 35(A) REVOKED

ARTICLE 370 AND 35(A) REVOKED

On 5th of August 2019, the President of India promulgated the Constitution (Application to Jammu and Kashmir) Order, 2019. The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of Article 370 - whereby provisions of the Constitution which were applicable to other states were not applicable to Jammu and Kashmir (J&K).According to the Order, provisions of the Indian Constitution are now applicable in the State.This Order comes into force “at once”, and shall “supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.”A separate Bill - the Jammu and Kashmir Reorganisation Bill 2019 - was introduced to bifurcate the State into two separate union territories of Jammu and Kashmir (with legislature), and Ladakh (without legislature).Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 was also introduced to extend the reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs in Jammu and Kashmir.

History
J&K acceded to the Dominion of India after the Instrument of Accession was signed by Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, on 26 October 1947.Article 370 of the Indian Constitution provided that only Articles 1 and 370 itself would apply to J&K. The application of other Articles was to be determined by the President in consultation with the government of the state.The Constitution Order of 1950 specified the matters on which the Union Parliament would be competent to make laws for J&K, in concurrence with the Instrument of Accession - 38 Subjects from the Union List were added.The Constitution (Application to Jammu and Kashmir) Order, 1954 settled the constitutional relationship of J&K and the Union of India. It made the following provisions -Indian citizenship and all related benefits (fundamental rights) were extended to the 'permanent residents' of Jammu and Kashmir.Article 35A was added to the Constitution (empowering the state legislature to legislate on the privileges of permanent residents with regard to immovable property, settlement in the state and employment)The jurisdiction of the Supreme Court of India was extended to the State.Central Government was given the power to declare a national emergency in the event of external aggression. The power in case of internal disturbances could be exercised only with the concurrence of the State Government.Normalized the financial relations between the Centre and J&K

Article 370 - Features and Provisions

Present in part XXI of the Indian Constitution which comprises of Temporary, Transitional and Special Provisions with rest to various states of India.Forms the basis of the “Special Status” of J&K.Provides for a separate Constitution of J&K.Limits the Union Parliament’s power to make laws for J&K to those subjects mentioned in the Instrument of Accession (defense, foreign affairs, and communications) and others as and when declared by the Presidential Orders with the concurrence of the Government of the State.Specified the mechanism by which the Article shall cease to be operative. That is, on the recommendation of the Constituent Assembly of the State before the President issues such a notification. However, this provision has been amended by the Constitution (Application to Jammu and Kashmir) Order, 2019.
Was it Temporary

The Article was introduced to accommodate the apprehensions of Maharaja Hari Singh who would not have acceded to India without certain concessions.Territorial integrity was of paramount importance to India post-independence, thus, such a special provision was inducted in the constitution.The provision, however, is part of the “Temporary, Transitional and Special Provisions” of our constitution.Moreover, Article 370 could be interpreted as temporary in the sense that the J&K Constituent Assembly had a right to modify/delete/retain it; it decided to retain it.Another interpretation was that accession was temporary until a plebiscite.
Issues in Revoking

Article 370 is the bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India.It has been described as a tunnel through which the Constitution is applied to J&K.India has used Article 370 at least 45 times to extend provisions of the Indian Constitution to J&K. This is the only way through which, by mere Presidential Orders, India has almost nullified the effect of J&K’s special status.By the 1954 order, almost the entire Constitution was extended to J&K including most Constitutional amendments.However, abrogating the article altogether may threaten the peace in the statewhich is already a hotspot of conflicts and militancy.It will completely change the relationship between the state and the rest of India.It will also clear the path for abrogating Article 35A which would allow Indian citizens to purchase land and settle permanently in J&K.Thus, the move is bound to have a significant impact on the demography, culture, and politics of J&K.

भारत का निर्वाचन आयोग

भारत का निर्वाचन आयोग

निर्वाचन आयोग क्या है?

✅ भारत निर्वाचन आयोग, जिसे चुनाव आयोग के नाम से भी जाना जाता है, एक स्वायत्त संवैधानिक निकाय है जो भारत में संघ और राज्य चुनाव प्रक्रियाओं का संचालन करता है।

✅ यह देश में लोकसभा, राज्यसभा, राज्य विधानसभाओं, राष्ट्रपति और उपराष्ट्रपति के चुनाव का संचालन करता है।

पृष्ठभूमि

भारतीय संविधान का भाग 15 चुनावों से संबंधित है जिसमें चुनावों के संचालन के लिये एक आयोग की स्थापना करने की बात कही गई है।चुनाव आयोग की स्थापना 25 जनवरी, 1950 को संविधान के अनुसार की गई थी। संविधान के अनुच्छेद 324 से 329 तक चुनाव आयोग और सदस्यों की शक्तियों, कार्य, कार्यकाल, पात्रता आदि से संबंधित हैं।

संविधान में चुनावों से संबंधित अनुच्छेद

324 चुनाव आयोग में चुनावों के लिये निहित दायित्व: अधीक्षण, निर्देशन और नियंत्रण।

325 धर्म, जाति या लिंग के आधार पर किसी भी व्यक्ति विशेष को मतदाता सूची में शामिल न करने और इनके आधार पर मतदान के लिये अयोग्य नहीं ठहराने का प्रावधान।

326 लोकसभा एवं प्रत्येक राज्य की विधानसभा के लिये निर्वाचन वयस्क मताधिकार के आधार पर होगा।

327 विधायिका द्वारा चुनाव के संबंध में संसद में कानून बनाने की शक्ति।

328 किसी राज्य के विधानमंडल को इसके चुनाव के लिये कानून बनाने की शक्ति।

329 चुनावी मामलों में अदालतों द्वारा हस्तक्षेप करने के लिये बार (BAR)

निर्वाचन आयोग की संरचना

निर्वाचन आयोग में मूलतः केवल एक चुनाव आयुक्त का प्रावधान था, लेकिन राष्ट्रपति की एक अधिसूचना के ज़रिये 16 अक्तूबर, 1989 को इसे तीन सदस्यीय बना दिया गया।इसके बाद कुछ समय के लिये इसे एक सदस्यीय आयोग बना दिया गया और 1 अक्तूबर, 1993 को इसका तीन सदस्यीय आयोग वाला स्वरूप फिर से बहाल कर दिया गया। तब से निर्वाचन आयोग में एक मुख्य चुनाव आयुक्त और दो चुनाव आयुक्त होते हैं।निर्वाचन आयोग का सचिवालय नई दिल्ली में स्थित है।मुख्य निर्वाचन अधिकारी IAS रैंक का अधिकारी होता है, जिसकी नियुक्ति राष्ट्रपति द्वारा की जाती है तथा चुनाव आयुक्तों की नियुक्ति भी राष्ट्रपति ही करता है। इनका कार्यकाल 6 वर्ष या 65 वर्ष की आयु (दोनों में से जो भी पहले हो) तक होता है। इन्हें भारत के सर्वोच्च न्यायालय के न्यायाधीशों के समकक्ष दर्जा प्राप्त होता है और समान वेतन एवं भत्ते मिलते हैं।मुख्य चुनाव आयुक्त को संसद द्वारा सर्वोच्च न्यायालय के न्यायाधीश को हटाने की प्रक्रिया के समान ही पद से हटाया जा सकता है।

हटाने की प्रक्रिया

उच्च न्यायालयों और उच्चतम न्यायालय के न्यायाधीशों, मुख्य चुनाव आयुक्त, नियंत्रक और महालेखा परीक्षक को दुर्व्यवहार या पद के दुरुपयोग का आरोप सिद्ध होने पर या अक्षमता के आधार पर संसद द्वारा अपनाए गए प्रस्ताव के माध्यम से ही पद से हटाया जा सकता है।निष्कासन के लिये दो-तिहाई सदस्यों के विशेष बहुमत की आवश्यकता होती है और इसके लिये सदन के कुल सदस्यों का 50 प्रतिशत से अधिक मतदान होना चाहिये।उपरोक्त पदों से किसी को हटाने के लिये संविधान में ‘महाभियोग’ शब्द का उपयोग नहीं किया गया है।महाभियोग शब्द का प्रयोग केवल राष्ट्रपति को हटाने के लिये किया जाता है जिसके लिये संसद के दोनों सदनों में उपस्थित सदस्यों की कुल संख्या के दो-तिहाई सदस्यों के विशेष बहुमत की आवश्यकता होती है और यह प्रक्रिया किसी अन्य मामले में नहीं अपनाई जाती।

निर्वाचन आयोग के कार्य

चुनाव आयोग भारत में लोकसभा, राज्यसभा, राज्य विधानसभाओं, राष्ट्रपति और उपराष्ट्रपति के चुनाव की संपूर्ण प्रक्रिया का अधीक्षण, निर्देशन और नियंत्रण करता है।इसका सबसे महत्त्वपूर्ण कार्य आम चुनाव या उप-चुनाव कराने के लिये समय-समय पर चुनाव कार्यक्रम तय करना है।यह निर्वाचक नामावली (Voter List) तैयार करता है तथा मतदाता पहचान पत्र (EPIC) जारी करता है।यह मतदान एवं मतगणना केंद्रों के लिये स्थान, मतदाताओं के लिये मतदान केंद्र तय करना, मतदान एवं मतगणना केंद्रों में सभी प्रकार की आवश्यक व्यवस्थाएँ और अन्य संबद्ध कार्यों का प्रबंधन करता है।यह राजनीतिक दलों को मान्यता प्रदान करता है उनसे संबंधित विवादों को निपटाने के साथ ही उन्हें चुनाव चिह्न आवंटित करता है।निर्वाचन के बाद अयोग्य ठहराए जाने के मामले में आयोग के पास संसद और राज्य विधानसभाओं के सदस्यों की बैठक हेतु सलाहकार क्षेत्राधिकार भी है।यह राजनीतिक दलों और उम्मीदवारों के लिये चुनाव में ‘आदर्श आचार संहिता’ जारी करता है, ताकि कोई अनुचित कार्य न करे या सत्ता में मौजूद लोगों द्वारा शक्तियों का दुरुपयोग न किया जाए।यह सभी राजनीतिक दलों के लिये प्रति उम्मीदवार चुनाव अभियान खर्च की सीमा निर्धारित करता है और उसकी निगरानी भी करता है।

भारत निर्वाचन आयोग (Election Commission of India) का महत्त्वह वर्ष 1952 से राष्ट्रीय और राज्य स्तर के चुनावों का सफलतापूर्वक संचालन कर रहा है। मतदान में लोगों की अधिक भागीदारी सुनिश्चित करने के लिये सक्रिय भूमिका निभाता है।राजनीतिक दलों को अनुशासित करने का कार्य करता है।संविधान में निहित मूल्यों को मानता है अर्थात चुनाव में समानता, निष्पक्षता, स्वतंत्रता स्थापित करता है।विश्वसनीयता, निष्पक्षता, पारदर्शिता, अखंडता, जवाबदेही, स्वायत्तता और कुशलता के उच्चतम स्तर के साथ चुनाव आयोजित/संचालित करता है।मतदाता-केंद्रित और मतदाता-अनुकूल वातावरण की चुनावी प्रक्रिया में सभी पात्र नागरिकों की भागीदारी सुनिश्चित करता है।चुनावी प्रक्रिया में राजनीतिक दलों और सभी हितधारकों के साथ संलग्न रहता है।हितधारकों, मतदाताओं, राजनीतिक दलों, चुनाव अधिकारियों, उम्मीदवारों के बीच चुनावी प्रक्रिया और चुनावी शासन के बारे में जागरूकता पैदा करता है तथा देश की चुनाव प्रणाली के प्रति लोगों का विश्वास बढ़ाने और उसे मज़बूती प्रदान करने का कार्य करता है।

निर्वाचन आयोग के समक्ष प्रमुख चुनौतियाँ

वर्षों से राजनीति में हिंसा और चुनावी दुर्भावनाओं के साथ कालेधन और आपराधिक तत्त्वों का बोलबाला बढ़ा है और इसके परिणामस्वरूप राजनीति का अपराधीकरण हुआ है। इनसे निपटना निर्वाचन आयोग के लिये एक बड़ी चुनौती है।राज्यों की सरकारों द्वारा सत्ता का बड़े पैमाने पर दुरुपयोग किया जाता है, जिसके तहत कई बार चुनावों से पहले बड़े पैमाने पर प्रमुख पदों पर तैनात योग्य अधिकारियों का स्थानांतरण कर दिया जाता है।चुनाव के लिये सरकारी वाहनों और भवनों का उपयोग कर निर्वाचन आयोग की आदर्श आचार संहिता का उल्लंघन किया जाता है।निर्वाचन आयोग के पास राजनीतिक दलों को विनियमित करने के लिये पर्याप्त शक्तियाँ नहीं हैं।किसी राजनीतिक दल के आंतरिक लोकतंत्र और पार्टी के वित्तीय विनियमन को सुनिश्चित करने की भी कोई शक्ति निर्वाचन आयोग के पास नहीं है।हालिया वर्षों में निर्वाचन आयोग की निष्पक्षता पर भी सवाल खड़े होने लगे हैं और यह धारणा ज़ोर पकड़ रही है कि चुनाव आयोग कार्यपालिका के दबाव में काम कर रहा है।मुख्य चुनाव आयुक्त और अन्य दो आयुक्तों के चुनाव में प्रमुख संस्थागत कमियों में से एक है कम पारदर्शिता का होना, क्योंकि इनका चयन मौज़ूदा सरकार की पसंद पर आधारित होता है।इसके अलावा EVM में खराबी, हैक होने और वोट दर्ज न होने जैसे आरोपों से भी निर्वाचन आयोग के प्रति आम जनता के विश्वास में कमी आती है।वर्तमान समय में सत्ताधारी दल के पक्ष में निचले स्तर पर नौकरशाही की मिलीभगत के खिलाफ सतर्क रहने की आयोग के सामने बड़ी चुनौती है।आयोग के जनादेश और जनादेश का समर्थन करने वाली प्रक्रियाओं को और अधिक कानूनी समर्थन प्रदान करने की आवश्यकता है।नैतिकता सुनिश्चित करने के लिये आवश्यक है कि सक्षम और योग्य व्यक्ति उच्च पदों का दायित्व संभालें।निर्वाचन आयोग की निष्पक्षता सुनिश्चित करने के लिये द्वितीय प्रशासनिक सुधार आयोग की रिपोर्ट में सिफारिश की गई थी कि लोकसभा अध्यक्ष, लोकसभा में विपक्ष के नेता, कानून मंत्री और राज्यसभा के उपाध्यक्ष के साथ प्रधानमंत्री की अध्यक्षता में बना कॉलेजियम मुख्य चुनाव आयुक्त और चुनाव आयुक्तों की नियुक्ति के लिये राष्ट्रपति के समक्ष नाम प्रस्तावित करे।

♦️भारत के प्रथम चुनाव आयुक्त सुकुमार सेन थे।

♦️वर्तमान में सुनील अरोड़ा मुख्य चुनाव आयुक्त हैं जबकि अशोक लवासा और सुशील चंद्रा चुनाव आयुक्त के पद पर कार्यरत हैं।

INDIAN EVIDENCE ACT

1.   ONUSOF PROOF IN DIFFERENT TYPES OF CASES  ⇐click

2.   SECONDARYEVIDENCE  ⇐click

3.  65B.Admissibility of electronic records:  ⇐click

This Act may be called the Indian Evidence Act, 1872.

²It extends to the whole of India ³ [Except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial, ⁴[other than Courts-martial convened under the Army Act.,] (44 & 45 Vict., c.58) ⁵[the Naval Discipline Act (29 & 30 Vict., c 109) or ⁶[***] the Indian Navy (Discipline) Act. 1934⁷] (34 of 1934) ⁸[or the Air Force Act] 7 Geo. 5, c. 51) but not to affidavits presented to any Court to any Court or Officer, not to proceedings before an arbitrator

And it shall come into force on the first day of September, 1872.

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The Model Tenancy Act, 2019

The Model Tenancy Act, 2019

All You Want To Know About The Model Tenancy Act 2019

 

 

Model Tenancy Act (MTA) to Promote Growth of Rental Housing Segment by Regulating Renting of Premises 

To Balance Interests of Owner & Tenant by Establishing Adjudicating Mechanism for Speedy Dispute Redressal Draft Model Tenancy Act (MTA), 2019 Issued for Seeking Comments from Public/Stakeholders 

MTA stipulates a robust grievance redressal mechanism comprising of Rent Authority, Rent Court and Rent Tribunal.

It has been proposed to cap the security deposit equal to a maximum of two month’s rent in case of residential properties and, minimum of one month’s rent in case of non-residential property.

After coming into force of this Act, no person shall let or take on rent any premises except by an agreement in writing.The Model Act provides for its applicability for the whole of the State i.e. urban as well as rural areas in the State.

Within two months of executing rental agreement both landowner and tenant are required to intimate to the Rent Authority about the agreement and within seven days a unique identification number will be issued by the Rent Authority to the both the parties.A digital platform will be set up in the local vernacular language of the State for submitting tenancy agreement and other documents.

The copy of the draft Model Tenancy Act, 2019 has been uploaded on the website of this Ministry (http://mohua.gov.in/) for seeking comments from the public and other stakeholderslatest by 01/08/2019.

A copy of the draft Act has also been shared with the States/UTs for seeking their views/comments.

Once finalized the Model Act will be shared with the States/Union Territory (UTs) for adoption.  The Ministry of Housing and Urban Affairs has drafted a ‘Model Tenancy Act’, 2019 which envisages to balance the interest and rights of both the owner and tenant and to create an accountable and transparent ecosystem for renting the premises in disciplined and efficient manner. It will enable creation of adequate rental housing stock for various income segments of society including migrants, formal and informal sector workers, professionals, students etc. and increase access to quality rented accommodation, enable gradual formalization of rental housing market.  It will help overhaul the legal framework vis-à-vis rental housing across the country. It is also expected to give a fillip to private participation in rental housing for addressing the huge housing shortage across the country.

The Draft MTA will also promote growth of rental housing and investment in the sector and promote entrepreneurial opportunities and innovative mechanism of sharing of space.This MTA will be applicable prospectively and will not affect the existing tenancies.As per Census 2011, nearly 1.1 crore houses were lying vacant in the country and making these houses available on rent will complement the vision of ‘Housing for All’ by 2022. The existing rent control laws are restricting the growth of rental housing and discourage the owners from renting out their vacant houses due to fear of repossession. One of the potential measures to unlock the vacant house is to bringing transparency and accountability in the existing system of renting of premises and to balance the interests of both the property owner and tenant in a judicious manner.

 

Read Full PDF of Draft

The Model Tenancy Act, 2019

Indian Penal Code Sections

Indian Penal Code Sections.

Section1. (Introduction) Title and extant of operation of the Code

Section 2. (Introduction) Punishment of offences committed within India

Section 3. (Introduction) Punishment of offences committed beyond, but which by law may be tried within, India

Section 4.(Introduction) Extension of Code to extra-territorial offences

Section 5.(Introduction) Certain laws not to be affected by this Act

Section 6.(General explanations) Definitions in the Code to be understood subject to exceptions

Section 7.(General explanations) Sense of expression once explained

Section 8.(General explanations) Gender

Section 9.(General explanations) Number

Section 10.(General explanations) Man, Woman

Section 11.(General explanations) Person

Section 12.(General explanations) Public

Section 13.(General explanations) Queen

Section 14. (General explanations)Servant of Government

Section 15. (General explanations)British India

Section 16. (General explanations)Government of India

Section 17. (General explanations)Government

Section 18.(General explanations) India

Section 19.(General explanations) Judge

Section 20.(General explanations) Court of Justice

Section 21. (General explanations)Public Servant

Section 22.(General explanations)Moveable property

Section 23.(General explanations) Wrongful gain

Section 24.(General explanations) Dishonestly

Section 25. (General explanations)Fraudulently

Section 26.(General explanations) Reason to believe

Section 27.(General explanations) Property in possession of wife, clerk or servant

Section 28.(General explanations)Counterfeit

Section 29.(General explanations)Document

Section 29A.(General explanations)Electronic record

Section 30. (General explanations)Valuable security

Section 31.(General explanations) A will

Section 32.(General explanations) Words referring to acts include illegal omissions

Section 33.(General explanations) Act Omission

Section 34.(General explanations) Acts done by several persons in furtherance of common intention

Section 35.(General explanations) When such an act is criminal by reason of its being done with a criminal knowledge or intention

Section 36.(General explanations) Effect caused partly by act and partly by omission

Section 37.(General explanations) Co-operation by doing one of several acts constituting an offence

Section 38.(General explanations) Persons concerned in criminal act may be guilty of different offences

Section 39.(General explanations) Voluntarily

Section 40.(General explanations). Offence

Section 41.(General explanations). Special law

Section 42. (General explanations)Local law

Section 43.(General explanations) Illegal, Legally bound to do

Section 44.(General explanations) Injury

Section 45.(General explanations) Life

Section 46. (General explanations)Death

Section 47.(General explanations) Animal

Section 48.(General explanations) Vessel

Section 49.(General explanations) Year, Month

Section 50.(General explanations) Section

Section 51. (General explanations)Oath

Section 52. (General explanations)Good faith

Section 52A. (General explanations) Harbour

Section 53. Punishment

Section 53A. Construction of reference to transportation

Section 54. Commutation of sentence of death

Section 55. Commutation of sentence of imprisonment for life

Section 55A. Definition of appropriate Government

Section 56. Sentence of Europeans and Americans to penal servitude.

Section 57. Fractions of terms of punishment

Section 58. Offenders sentenced to transportation how dealt with until transported

Section 59. Transportation instead of imprisonment.

Section 60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple

Section 61. Sentence of forfeiture of property

Section 62. Forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment

Section 63. Amount of fine

Section 64. Sentence of imprisonment for non-payment of fine

Section 65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable

Section 66. Description of imprisonment for non-payment of fine

Section 67. Imprisonment for non-payment of fine when offence punishable with fine only

Section 68. Imprisonment to terminate on payment of fine

Section 69. Termination of imprisonment on payment of proportional part of fine

Section 70. Fine levied within six years, or during imprisonment- Death not to discharge property from liability

Section 71. Limit of punishment of offence made up of several offences

Section 72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which

Section 73. Solitary confinement

Section 74. Limit of solitary confinement

Section 75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

Section 76. Act done by a person bound, or by mistake of fact believing himself bound, by law

Section 77. Act of Judge when acting judicially

Section 78. Act done pursuant to the judgment or order of Court

Section 79. Act done by a person justified, or by mistake of fact believing himself justified, by law

Section 80. Accident in doing a lawful act

Section 81. Act likely to cause harm, but done without criminal intent, and to prevent other harm

Section 82. Act of a child under seven years of age

Section 83. Act of a child above seven and under twelve of immature understanding

Section 84. Act of a person of unsound mind

Section 85. Act of a person incapable of judgment by reason of intoxication caused against his will

Section 86. Offence requiring a particular intent of knowledge committed by one who is intoxicated

Section 87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent

Section 88. Act not intended to cause death, done by consent in good faith for person’s benefit.

Section 89. Act done in good faith for benefit of child or insane person, by or by consent of guardian

Section 90. Consent known to be given under fear or misconception

Section 91. Exclusion of acts which are offences independently of harm caused

Section 92. Act done in good faith for benefit of a person without consent

Section 93. Communication made in good faith

Section 94. Act to which a person is compelled by threats

Section 95. Act causing slight harm

Section 96. Things done in private defence

Section 97. Right of private defence of the body and of property

Section 98. Right of private defence against the act of a person of unsound mind, etc.

Section 99. Act against which there is no right of private defence

Section 100. When the right of private defence of the body extends to causing death

Section 101. When such right extends to causing any harm other than death

Section 102. Commencement and continuance of the right of private defence of the body

Section 103. When the right of private defence of property extends to causing death

Section 104. When such right extends to causing any harm other than death

Section 105. Commencement and continuance of the right of private defence of property

Section 106. Right of private defence against deadly assault when there is risk of harm to innocent person

Section 107. Abetment of a thing

Section 108. Abettor

Section 108A. Abetment in India of offences outside India

Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

Section 110. Punishment of abetment if person abetted does act with different intention from that of abettor

Section 111. Liability of abettor when one act abetted and different act done

Section 112. Abettor when liable to cumulative punishment for act abetted and for act done

Section 113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor

Section 114. Abettor present when offence is committed

Section 115. Abetment of offence punishable with death or imprisonment for life-if offence not committed

Section 116. Abetment of offence punishable with imprisonment-if offence be not committed

Section 117. Abetting commission of offence by the public or by more than ten persons

Section 118. Concealing design to commit offence punishable with death or imprisonment for life

Section 119. Public servant concealing design to commit offence which it is his duty to prevent

Section 120. Concealing design to commit offence punishable with imprisonment

Section 120A. Definition of criminal conspiracy.

Section 120B. Punishment of criminal conspiracy

Section 121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India

Section 121A. Conspiracy to commit offences punishable by section 121

Section 122. Collecting arms, etc., with intention of waging war against the Government of India

Section 123. Concealing with intent to facilitate design to wage war

Section 124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power

Section 124A. Sedition

Section 125. Waging war against any Asiatic Power in alliance with the Government of India.

Section 126. Committing depredation on territories of Power at peace with the Government of India

Section 127. Receiving Property taken by war on depredation mention in Sections 125 and 126

Section 128. Public servant voluntary allowing prisoner of State or war to escape

Section 129. Public servant negligently suffering such prisoner to escape

Section 130. Aiding escape of, rescuing or harbouring such prisoner

Section 131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty

Section 132. Abetment of mutiny, if mutiny is committed in consequence thereof

Section 133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office

Section 134. Abetment of such assault, if the assault is committed

Section 135. Abetment of desertion of soldier, sailor or airman

Section 136. Harbouring deserter

Section 137. Deserter concealed on board merchant vessel through negligence of master

Section 138. Abetment of act of insubordination by soldier, sailor or airman

Section 138A. Application of foregoing sections to the Indian Marine Service

Section 139. Persons subject to certain Acts

Section 140. Wearing garb or carrying token used by soldier, sailor or airman

Section 141. Unlawful assembly

Section 142. Being member of unlawful assembly

Section 143. Punishment

Section 144. Joining unlawful assembly armed with deadly weapon

Section 145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse

Section 146. Rioting

Section 147. Punishment for rioting

Section 148. Rioting, armed with deadly weapon

Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Section 150. Hiring, or conniving at hiring, of persons to join unlawful assembly

Section 151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse

Section 152. Assaulting or obstructing public servant when suppressing riot, etc.

Section 153. Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed

Section 153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

Section 153AA. Punishment for knowingly carrying arms in any procession or organising, or holding or taking part in any mass drill or mass training with arms

Section 153B. Imputations, assertions prejudicial to national-integration

Section 154. Owner or occupier of land on which an unlawful assembly is held

Section 155. Liability of person for whose benefit riot is committed

Section 156. Liability of agent of owner of occupier for whose benefit riot is committed

Section 157. Harbouring persons hired for an unlawful assembly

Section 158. Being hired to take part in an unlawful assembly or riot

Section 159. Affray

Section 160. Punishment for committing affray

Section 161-165A. Repealed

Section 166. Public servant disobeying law, with intent to cause injury to any person

Section 167. Public servant farming an incorrect document with intent to cause injury

Section 168. Public servant unlawfully engaging in trade

Section 169. Public servant unlawfully buying or bidding for property

Section 170. Personating a public servant

Section 171. Wearing garb or carrying token used by public servant with fraudulent intent

Section 171A. Candidate, Electoral right defined

Section 171B. Bribery

Section 171C. Undue influence at elections

Section 171D. Personation at elections

Section 171E. Punishment for bribery

Section 171F. Punishment for undue influence or personation at an election

Section 171G. False statement in connection with an election

Section 171H. Illegal payments in connection with an election

Section 171I. Failure to keep election accounts

Section 172. Absconding to avoid service of summons or other proceeding

Section 173. Preventing service of summons or other proceeding, or preventing publication thereof

Section 174. Non-attendance in obedience to an order form public servant

Section 174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974

Section 175. Omission to produce document or electronic record to public servant by person legally bound to produce it.

Section 176. Omission to give notice or information to public servant by person legally bound to give it

Section 177. Furnishing false information

Section 178. Refusing oath or affirmation when duly required by public servant to make it

Section 179. Refusing to answer public servant authorised to question

Section 180. Refusing to sign statement

Section 181. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation

Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person

Section 183. Resistance to the taking of property by the lawful authority of a public servant

Section 184. Obstructing sale of property offered for sale by authority of public servant

Section 185. Illegal purchase or bid for property offered for sale by authority of public servant

Section 186. Obstructing public servant in discharge of public functions

Section 187. Omission to assist public servant when bound by law to give assistance

Section 188. Disobedience to order duly promulgated by public servant

Section 189. Threat of injury to public servant

Section 190. Threat of injury to induce person to refrain from applying for protection to public servant

Section 191. Giving false evidence

Section 192. Fabricating false evidence

Section 193. Punishment for false evidence

Section 194. Giving or fabricating false evidence with intent to procure conviction of capital offence

Section 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

Section 195A. Threatening any person to give false evidence

Section 196. Using evidence known to be false

Section 197. Issuing or signing false certificate

Section 198. Using as true a certificate known to be false

Section 199. False statement made in declaration which is by law receivable as evidence

Section 200. Using as true such declaration knowing it to be false

Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender

Section 202. Intentional omission to give information of offence by person bound to inform

Section 203. Giving false information respecting an offence committed

Section 204. Destruction of document or electronic record to prevent its production as sevidence

Section 205. False personation for purpose of act or proceeding in suit or prosecution

Section 206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

Section 207. Fraudulent claim to property to prevent its seizure as forfeited or in execution

Section 208. Fraudulently suffering decree for sum not due

Section 209. Dishonestly making false claim in Court

Section 210. Fraudulently obtaining decree for sum not due

Section 211. False charge of offence made with intent to injure

Section 212. Harbouring offender

Section 213. Taking gift, etc., to screen an offender from punishment

Section 214. Offering gift or restoration of property in consideration of screening offender

Section 215. Taking gift to help to recover stolen property, etc.

Section 216. Harbouring offender who has escaped from custody or whose apprehension has been ordered

Section 216A. Penalty for harbouring robbers or dacoits

Section 216B. Definition of “harbour” in sections 212, 216 and 216A

Section 217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

Section 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture

Section 219. Public servant in judicial proceeding corruptly making report, etc., contrary to law

Section 220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law

Section 221. Intentional omission to apprehend on the part of public servant bound to apprehend

Section 222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

Section 223. Escape from confinement or custody negligently suffered by public servant

Section 224. Resistance or obstruction by a person to his lawful apprehension

Section 225. Resistance or obstruction to lawful apprehension of another person

Section 225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for

Section 225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for

Section 226. Unlawful return from transportation

Section 227. Violation of condition of remission of punishment

Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding

Section 228A. Disclosure of identity of the victim of certain offences etc

Section 229. Personation of a juror or assessor

Section 229A. Failure by person released on bail or bond to appear in Court

Section 230. Coin defined

Section 231. Counterfeiting coin

Section 232. Counterfeiting Indian coin

Section 233. Making or selling instrument for counterfeiting coin

Section 234. Making or selling instrument for counterfeiting Indian coin

Section 235. Possession of instrument, or material for the purpose of using the same for counterfeiting coin

Section 236. Abetting in India the counterfeiting out of India of coin

Section 237. Import or export of counterfeit coin

Section 238. Import or export of counterfeits of the India coin

Section 239. Delivery of coin, possessed with knowledge that it is counterfeit

Section 240. Delivery of Indian coin, possessed with knowledge that it is counterfeit

Section 241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit

Section 242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof

Section 243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof

Section 244. Person employed in mint causing coin to be of different weight or composition from that fixed by law

Section 245. Unlawfully taking coining instrument from mint

Section 246. Fraudulently or dishonestly diminishing weight or altering composition of coin

Section 247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin

Section 248. Altering appearance of coin with intent that it shall pass as coin of different description

Section 249. Altering appearance of Indian coin with intent that it shall pass as coin of different description

Section 250. Delivery of coin, possessed with knowledge that it is altered

Section 251. Delivery of Indian coin, possessed with knowledge that it is altered

Section 252. Possession of coin by person who knew it to be altered when he became possessed thereof

Section 253. Possession of Indian coin by person who knew it to be altered when he became possessed thereof

Section 254. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be altered

Section 255. Counterfeiting Government stamp

Section 256. Having possession of instrument or material for counterfeiting Government stamp

Section 257. Making or selling instrument for counterfeiting Government stamp

Section 259. Having possession of counterfeit Government stamp

Section 260. Using as genuine a Government stamp known to be a counterfeit

Section 261. Effacing, writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government

Section 262. Using Government stamp known to have been before used

Section 263. Erasure of mark denoting that stamp has been used

Section 263A. Prohibition of fictitious stamps

Section 264. Fraudulent use of false instrument for weighing

Section 265. Fraudulent use of false weight or measure

Section 266. Being in possession of false weight or measure

Section 267. Making or selling false weight or measure

Section 268. Public nuisance

Section 269. Negligent act likely to spread infection of disease dangerous to life

Section 270. Malignant act likely to spread infection of disease dangerous to life

Section 271. Disobedience to quarantine rule

Section 272. Adulteration of food or drink intended for sale

Section 273. Sale of noxious food or drink

Section 274. Adulteration of drugs

Section 275. Sale of adulterated drugs

Section 276. Sale of drug as a different drug or preparation

Section 277. Fouling water of public spring or reservoir

Section 278. Making atmosphere noxious to health

Section 279. Rash driving or riding on a public way

Section 279. Rash driving or riding on a public way

Section 280. Rash navigation of vessel

Section 281. Exhibition of false light, mark or buoy

Section 282. Conveying person by water for hire in unsafe or overloaded vessel

Section 283. Danger or obstruction in public way or line of navigation

Section 284. Negligent conduct with respect to poisonous substance

Section 285. Negligent conduct with respect to fire or combustible matter

Section 286. Negligent conduct with respect to explosive substance

Section 287. Negligent conduct with respect to machinery

Section 288. Negligent conduct with respect to pulling down or repairing buildings

Section 289. Negligent conduct with respect to animal

Section 290. Punishment for public nuisance in cases not otherwise provided for

Section 291. Continuance of nuisance after injunction to discontinue

Section 292. Sale, etc., or obscene books, etc

Section 293. Sale, etc., of obscene objects to young person

Section 294. Obscene acts and songs

Section 294A. Keeping lottery office

Section 295. Injuring or defiling place of worship with intent to insult the religion of any class

Section 295A. Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs

Section 296. Disturbing religious assembly

Section 297. Trespassing on burial places, etc.

Section 298. Uttering, words, etc., with deliberate intent to wound the religious feelings of any person

Section 299. Culpable homicide

Section 300. Murder

Section 301. Culpable homicide by causing death of person other than person whose death was intended

Section 302. Punishment for murder

Section 303. Punishment for murder by life-convict

Section 304. Punishment for culpable homicide not amounting to murder

Section 304A. Causing death by negligence

Section 304B. Dowery death

Section 305. Abetment of suicide of child or insane person

Section 306. Abetment of suicide

Section 307. Attempt to murder

Section 308. Attempt to commit culpable homicide

Section 309. Attempt to commit suicide

Section 310. Thug

Section 311. Punishment

Section 312. Causing miscarriage

Section 313. Causing miscarriage without woman’s consent

Section 314. Death caused by act done with intent to cause miscarriage-

Section 315. Act done with intent to prevent child being born alive or to cause it to die after birth

Section 316. Causing death of quick unborn child by act amounting to culpable homicide

Section 317. Exposure and abandonment of child under twelve years, by parent or person having care of it.

Section 318. Concealment of birth by secret disposal of dead body.

Section 319. Hurt.

Section 320. Grievous hurt.

Section 321. Voluntarily causing hurt.

Section 322. Voluntarily causing grievous hurt

Section 323. Punishment for voluntarily causing hurt

Section 324. Voluntarily causing hurt by dangerous weapons or means

Section 325. Punishment for voluntarily causing grievous hurt

Section 326. Voluntarily causing grievous hurt by dangerous weapons or means

Section 326A. Acid Attack.

Section 326B. Attempt to Acid Attack.

Section 327. Voluntarily causing hurt to extort property, or to constrain to an illegal act

Section 328. Causing hurt by means of poison, etc., with intent to commit an offence

Section 329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

Section 330. Voluntarily causing hurt to extort confession, or to compel restoration of property

Section 331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property

Section 332. Voluntarily causing hurt to deter public servant from his duty

Section 333. Voluntarily causing grievous hurt to deter public servant from his duty

Section 334. Voluntarily causing hurt on provocation

Section 335. Voluntarily causing grievous hurt on provocation

Section 336. Act endangering life or personal safety of others

Section 337. Causing hurt by act endangering life or personal safety of others

Section 338. Causing grievous hurt by act endangering life or personal safety of others

Section 339. Wrongful restraint

Section 340. Wrongful confinement.

Section 341. Punishment for wrongful restraint

Section 342. Punishment for wrongful Confinement

Section 343. Wrongful confinement for three or more days

Section 344. Wrongful confinement for ten or more days

Section 345. Wrongful confinement of person for whose liberation writ has been issued

Section 346. Wrongful confinement in secret

Section 347. Wrongful confinement to extort property, or constrain to illegal act

Section 348. Wrongful confinement to extort confession, or compel restoration of property

Section 349. Force

Section 350. Criminal force

Section 351. Assault

Section 352. Punishment for assault or criminal force otherwise than on grave provocation

Section 353. Assault or criminal force to deter public servant from discharge of his duty

Section 354. Assault or criminal force to woman with intent to outrage her modesty

Section 354A. Sexual harassment.

Section 354B. Act with intendent to disrobe a woman

Section 354C. Voyevrism

Section 354D. Stalking

Section 355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation

Section 356. Assault or criminal force in attempt to commit theft of property carried by a person

Section 357. Assault or criminal force in attempt wrongfully to confine a person

Section 358. Assault or criminal force on grave provocation

Section 359. Kidnapping

Section 360. Kidnapping from India

Section 361. Kidnapping from lawful guardianship

Section 362. Abduction

Section 363. Punishment for kidnapping

Section 363A. Kidnapping or maiming a minor for purposes of begging

Section 364. Kidnapping or abducting in order to murder

Section 364A. Kidnapping for ransom, etc.

Section 365. Kidnapping or abducting with intent secretly and wrongfully to confine person

Section 366. Kidnapping, abducting or inducing woman to compel her marriage, etc.

Section 366A. Procreation of minor girl

Section 366B. Importation of girl from foreign country

Section 367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.

Section 368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person

Section 369. Kidnapping or abducting child under ten years with intent to steal from its person

Section 370. Substitution of new sections 370 and 370A for section 370.

Section 371. Habitual dealing in slaves

Section 372. Selling minor for purposes of prostitution, etc.

Section 373. Buying minor for purposes of prostitution, etc.

Section 374. Unlawful compulsory labour

Section 375. Rape

Section 376. Punishment for rape

Section 376A. Intercourse by a man with his wife during separation

Section 376B. Intercourse by public servant with woman is his custody

Section 376C. Intercourse by superintendent of jail, remand home, etc.

Section 376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital

Section 377. Unnatural offences

Section 378. Theft

Section 379. Punishment for theft

Section 380. Theft in dwelling house, etc

Section 382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

Section 383. Extortion

Section 384. Punishment for extortion

Section 385. Putting person in fear of injury in order to commit extortion

Section 386. Extortion by putting a person in fear of death or grievous hurt

Section 387. Putting person in fear of death or of grievous hurt, in order to commit extortion

Section 388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.

Section 389. Putting person in fear of accusation of offence, in order to commit extortion

Section 390. Robbery

Section 391. Dacoity

Section 392. Punishment for robbery

Section 393. Attempt to commit robbery

Section 394. Voluntarily causing hurt in committing robbery

Section 395. Punishment for dacoity

Section 396. Dacoity with murder

Section 397. Robbery, or dacoity, with attempt to cause death or grievous hurt

Section 398. Attempt to commit robbery or dacoity when armed with deadly weapon

Section 399. Making preparation to commit dacoity

Section 400. Punishment for belonging to gang of dacoits

Section 401. Punishment for belonging to gang of thieves

Section 402. Assembling for purpose of committing dacoity

Section 403. Dishonest misappropriation of property

Section 404. Dishonest misappropriation of property possessed by deceased person at the time of his death

Section 405. Criminal breach of trust

Section 406. Punishment for criminal breach of trust

Section 407. Criminal breach of trust by carrier, etc.

Section 408. Criminal breach of trust by clerk or servant

Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Section 410. Stolen Property

Section 411. Dishonestly receiving stolen property

Section 412. Dishonestly receiving property stolen in the commission of a dacoity

Section 413. Habitually dealing in stolen property

Section 414. Assisting in concealment of stolen property

Section 415. Cheating

Section 416. Cheating by personation

Section 417. Punishment for cheating

Section 418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect

Section 419. Punishment for cheating by personation

Section 420. Cheating and dishonestly inducing delivery of property

Section 421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors

Section 422. Dishonestly or fraudulently preventing debt being available for creditors

Section 423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration

Section 424. Dishonest or fraudulent removal or concealment of property

Section 425. Mischief

Section 426. Punished for mischief

Section 427. Mischief causing damage to the amount of fifty rupees

Section 428. Mischief by killing or maiming animal of the value of ten rupees

Section 429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees

Section 430. Mischief by injury to works of irrigation or by wrongfully diverting water

Section 431. Mischief by injury to public road, bridge, river or channel

Section 432. Mischief by causing inundation or obstruction to public drainage attended with damage

Section 433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark

Section 434. Mischief by destroying or moving, etc., a land- mark fixed by public authority

Section 435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees

Section 436. Mischief by fire or explosive substance with intent to destroy house, etc.

Section 437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden

Section 438. Punishment for the mischief described in section 437 committed by fire or explosive substance

Section 439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc

Section 440. Mischief committed after preparation made for causing death or hurt

Section 441. Criminal trespass

Section 442. House trespass

Section 443. Lurking house-trespass

Section 444. Lurking house-trespass by night

Section 445. Housing breaking

Section 446. House-breaking by night

Section 447. Punishment for criminal trespass

Section 448. Punishment for house-trespass

Section 449. House-trespass in order to commit offence punishable with death

Section 450. House-trespass in order to commit offence punishable with imprisonment for life

Section 451. House-trespass in order to commit offence punishable with imprisonment

Section 452. House-trespass after preparation for hurt, assault or wrongful restraint

Section 453. Punishment for lurking house-trespass or house-breaking

Section 454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment

Section 455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint

Section 456. Punishment for lurking house-trespass or house-breaking by night

Section 457. Lurking house trespass or house-breaking by night in order to commit offence punishable with imprisonment

Section 458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint

Section 459. Grievous hurt caused whilst committing lurking house trespass or house-breaking

Section 460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

Section 461. Dishonestly breaking open receptacle containing property

Section 462. Punishment for same offence when committed by person entrusted with custody

Section 463. Forgery

Section 464. Making a false document

Section 465. Punishment for forgery

Section 466. Forgery of record of court or of public register, etc.

Section 467. Forgery of valuable security, will, etc.

Section 468. Forgery for purpose of cheating

Section 469. Forgery for purpose of harming reputation

Section 470. Forged document or electronic record

Section 471. Using as genuine a forged document or electronic record

Section 472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467

Section 473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise

Section 474. Having possession of document described in Section 466 or 467, knowing it to be forged and intending to use it as genuine

Section 475. Counterfeiting device or mark used for authenticating documents described in Section 467, or possessing counterfeit marked material

Section 476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

Section 477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security

Section 477A. Falsification of accounts

Section 478. Trade marks

Section 479. Property mark

Section 480. Using a false trade mark

Section 481. Using a false property mark

Section 482. Punishment for using a false property mark

Section 483. Counterfeiting a property mark used by another

Section 484. Counterfeiting a mark used by a public servant

Section 485. Making or possession of any instrument for counterfeiting a property mark

Section 486. Selling goods marked with a counterfeit property mark

Section 487. Making a false mark upon any receptacle containing goods

Section 488. Punishment for making use of any such false mark

Section 489. Tampering with property mark with intent to cause injury

Section 489A. Counterfeiting currency-notes or bank-notes

Section 489B. Using as genuine, forged or counterfeit currency-notes or bank-notes

Section 489C. Possession of forged or counterfeit currency-notes or bank-notes

Section 489D. Making or possessing instruments or materials for forgoing or counterfeiting currency-notes or bank-notes

Section 489E. Making or using documents resembling currency-notes or bank-notes

Section 490. Breach of contract of service during voyage or journey

Section 491. Breach of contract to attend on and supply wants of helpless person

Section 492. Breach of contract to serve at distant place to which servant is conveyed at master’s expense

Section 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

Section 494. Marrying again during lifetime of husband or wife

Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Section 496. Marriage ceremony fraudulently gone through without lawful marriage

Section 497. Adultery

Section 498. Enticing or taking away or detaining with criminal intent a married woman

Section 499. Defamation

Section 500. Punishment for defamation

Section 501. Printing or engraving matter known to be defamatory

Section 502. Sale of printed or engraved substance containing defamatory matter

Section 503. Criminal intimidation

Section 504. Intentional insult with intent to provoke breach of the peace

Section 505. Statements conducing to public mischief

Section 506. Punishment for criminal intimidation

Section 507. Criminal intimidation by an anonymous communication

Section 508. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure

Section 509. Word, gesture or act intended to insult the modesty of a woman

Section 510. Misconduct in public by a drunken person

Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment