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What is the difference between IPC and CrPC?

What is the difference between IPC and CrPC?

According to the National Crime Records Bureau, in the year 2018, India registered more than 50 lakh criminal cases. It is vital for the citizens of any country to not only know the laws but also understand the differences between their applications. The maxim: Ignorantia Juris Non-excusat (Ignorance of the law is not an excuse) is embedded in the Indian Penal Code. Ignorance of Law or lack of knowledge does not stand as a defence in the court of law. India, as a country has more than 1200 laws in existence. However, crimes in India are regulated by:

 

  1. Indian Penal Code, 1862
  2. Criminal Procedure Code, 1973
  3. Indian Evidence Act, 1872

 

The criminal justice system in India is divided into two parts:

  1. First Part: Substantive Criminal Laws

These laws provide for the punishments for the offenders in accordance with the extent of the crime committed.

 

  1. Second Part:  Procedural Law

This law provides for a process for establishing the guilt of the offenders and imposing the punishment prescribed under the substantive criminal laws.

 

  • The Indian Penal Code, 1862

The Code is the primary criminal Code of the country and was drafted during the British Raj in the year 1850 and was presented to the then Legislative Council in the year 1856. It came into force on 01st January 1862.

The Code covers various offences (divided into multiple categories) and the related punishments for the said crimes. For instance, Crimes against the body (Murder, kidnapping, Culpable homicide, etc.), Crimes against property (theft, dacoity, etc.), Economic crimes (Cheating and Counterfeiting) and various other crimes.

 

  • Criminal Procedure Code, 1973

The Code is the procedural law which provides a detailed procedure for punishments under the penal laws. It thereby enforces and administers the Indian Penal Code and various other substantive criminal laws. The Code was enacted by the Parliament on 25th January 1974, to consolidate and amend the law relating to Criminal Procedure.

The Criminal Procedure Code is read along with the Indian Penal Code, 1862 and the Indian Evidence Act, 1872. There often exists a state of perplexity concerning the difference between the Indian Penal Code, 1862 and the Criminal Procedure Code, 1973. Let us now look at the differences between the two legislations.

 

Difference between the Indian Penal Code, 1862 and Criminal Procedure Code, 1973

  1. The Indian Penal Code is a substantive law[1], whereas the Criminal Procedure Code is procedural law.[2]
  2. The Indian Penal Code states various crimes and classifies them into multiple categories. The Code also prescribes the penalties and the punishment for the respective crimes. The Criminal Procedure Code on the other hand prescribes the procedure which the police take to investigate any offence after having committed any crime mentioned under the penal laws.
  3. The purpose of the Indian Penal Code is to provide a primary penal code in the country for giving punishment to the wrongdoers. On the other hand, the main motive of the Criminal Procedure Code is to provide for binding procedures which must be enacted during the administration of a criminal trial.
  4. The Criminal Procedure Code, 1973 provides for the powers of the courts and Magistrate, while the Indian Penal Code does not.

Let us now take an example to understand the difference between the legislations better.

Izzie to kill Mathew enters his house and murders him by hitting him with a hammer and slitting his throat. Section 300 of the Indian Penal Code, 1860 defines ‘Murder.’ And Section 302 of the Code prescribes the punishment for the said crime. The section specifies that any person who commits the act will be punished with death or life imprisonment.

How will Izzie be punished for the crime committed?

Murder is a non-bailable and cognizable offence. The Criminal Procedure Code, 1973 thus specifies procedure that is to be followed to determine the guilt of the offender, whether or not bail will be granted, evidence to be taken into account, trial, investigation and impose the respective penalty.

CONCLUSION

The three primary legislation governing criminal law in India: Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act continue to play an important role in the courts of law for the effective execution and administration of justice. Due to the rise in crimes and criminals, it becomes important for all the citizens to learn the basic differences between the primary criminal laws in the country.

[1]. Substantive laws refer to those laws which define the rights and duties of individuals and the respective punishment and organizations.

[2] Procedural Laws include those rules which govern the process of determining the duties and rights of individuals and organizations.

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New Law Firm Diplomas on Trade Law, Humanitarian Law, Insolvency Law, IPR, Cyber, Arbitration, Contracts and Get Free Courses: Apply by July 17th

Enhelion launches new online courses on International Trade Law, Humanitarian Law, Public International Law, Energy Laws and Competition Law.

We have also launched a new Diploma Course on Insolvency and Bankruptcy Code certified by SA Law – Click Here

The registrations for all of Enhelion’s popular diploma courses are now open.

  • You can join the diploma course of your choice now and study at your own pace and complete the course as per your convenience.
  • Also, note that with any diploma course you can avail two certificate courses absolutely free. 
  • According to this offer, you can join the diploma course and the two free courses now and study later – after your exams get over.
  • How to avail this offer of two free certificate courses. All you have to do is:
    • Click on the Join Now button of the diploma course that you want to join
    • A pop-up window will appear with a message – “Select your two free certificate courses” along with the course names. All you have to do is click on the “ADD” button and automatically the course will get added in your fee cart. Repeat the process to select the second free course.
    • Fill in all your details and pay the fees, using debit/credit/netbanking facilities using any of our three payment gateways which include PayTM, PAYU and Instamojo [All three gateways allow card payments as well]
  • Registrations continue till July 17th, 2019.

Diploma Courses on offer @ INR 5999/6999

  1. Insolvency and Bankruptcy Code – [Click Here]
  2. Intellectual Property: Law and Management – Click Here.
  3. Air and Space Law – Click Here
  4. Contract Drafting – Click Here.
  5. Cyber Laws – Click Here.
  6. Mergers and Acquisitions Law – Click Here.
  7. Maritime Law – Click Here.
  8. Technology and IP Law – Click Here.
  9. Sports Law – Click Here.
  10. Corporate Laws – Click Here
  11. Fashion Law – Click Here
  12. International Commercial Arbitration – Click Here

The online diploma courses are brought to you by leading law firms – Scriboard Advocates and Legal Consultants, Corp Comm Legal and Legal Eye Advocates and Legal Consultants respectively.

How to avail this offer [Step by Step process]

Step 1: Go to the Diploma courses page on the Enhelion website

Step 2: Select any diploma course of your choice and pay the fees @ INR 5999 [except Maritime Law and Fashion Law, which are available for INR 6999]

Step 3: After you select the diploma course, you will find a pop-up window that will appear just above the course selection. Choose any two certificate courses from the list.

You can scroll left or right to choose any two certificate courses of your choice. If by any chance you are unable to choose on the website, all you have to do is email us with the course titles and we will allot you the same courses.

Step 4: Click on the Payment button in order to go to the Payment Gateway page. You can pay via debit card, credit card, and netbanking. All three payment gateways – PAYTM, Instamojo and PayU accept debit card, credit card and netbanking facilities.

For any queries, please email info@enhelion.com

Important features of the online diploma courses
  1. Access to the content for life [even after the course ends].
  2. Practical and easy to understand the content.
  3. Affordable: @ 5999/6999 per diploma course [except Maritime Law, Fashion Law, and International Commercial Arbitration, which are for INR 6999].
  4. Early bird offer till July 17th, 2019: [Seats are limited]. Registrations on a first come first serve basis.
  5. You can start the course[s] any time, as per your choice and complete as per your choice. All our diploma courses are self-paced, which means that you can start the course as per your convenience and complete the course as per your convenience.
  6. Allotment of Course:  Two days after you enroll

Evaluation System

Students need to complete two MCQ tests and two project assignments as per their convenience. An enrolled student can take as much time as he/she wants to complete the same.

Book Project with Practicing Lawyer

Those students who perform well in their respective project assignments will be selected to work with Practicing lawyers for various book projects, published by our Publishing partner – Bloomsbury Publishing.

The last date to apply and avail the early bird offer is July 17th, 2019.

FURTHER DETAILS BELOW

1. DIPLOMA IN INTERNATIONAL COMMERCIAL ARBITRATION

SU Shah and Associates, a leading law firm with a special focus on Commercial Arbitration, both international and domestic under its Founder – Mr. Sameer Shah, a renowned Arbitrator, has launched a self-paced online diploma course on International Commercial Arbitration.

With the advent of globalization and liberalization regimes as well as rapid advancement in international business relationships, it is increasingly pertinent to have a flexible and quick method of resolving disputes.

International commercial arbitration refers to the process of solving international commercial disputes among parties from different countries through the services of specially appointed arbitrators by the disputing parties themselves instead of through courts.

This course elaborately discusses the arbitration agreements and regulation of International Commercial Arbitration as well as the legal framework under it. It also discusses in detail, the management of the arbitration process and the emerging issues in Arbitration.

2. DIPLOMA IN FASHION LAW – CLICK HERE – FREE BOOK INCLUDED

Fashion Law as a concept is new. The fashion industry across the globe has witnessed significant growth with new markets in China, India, and Africa, enabling global brands to cash in on the ever-growing middle classes which number close to 2 billion people.

This number is a huge opportunity for fashion labels including both domestic and international. With the increase in fashion sense around the globe and with significant competition, brands have become very careful when it comes to protecting their vital Intellectual Property.

International brand labels and leading domestic brand labels have been subject to design theft. ambush marketing and fake products that significantly affect their business. This is where Fashion Law comes into play.

This diploma course goes beyond our popular certificate course on Fashion Law elaborately discusses the concepts of IP protection in the fashion industry, negotiations in the fashion industry, the supply chain issues, crimes in the fashion industry as well as the redressal mechanism.

The diploma also focuses on various Fashion Agreements as well as leading international legal disputes involving famous fashion brands like Christian Louboutin, Tarun Tahiliani, Gigi Hadid, Biba and the like.

  • Law Firm certifying the course: Legal Eye Advocates and Legal Consultants [Mrs. Sapna Malik] shall be signing the certificate on behalf of the law firm]
  • Duration: Self Paced [You can start and complete as per your convenience]
  • Book: Each student shall receive a book written by Mrs. Sapna Malik on ‘Fashion Law’ free of cost, published by Bloomsbury Publishing – www.bloomsbury.com [A world-renowned publisher, headquartered at London, the United Kingdom].
  • Internship Opportunity: Those students who do well [submit a good and well-researched project assignment], shall receive an internship opportunity with Legal Eye Advocates and Legal Consultants.
2. DIPLOMA IN CONTRACT DRAFTING  – CLICK HERE – FREE BOOK INCLUDED

Limited Seats on offer.

Leading Law firm Scriboard launches a carefully crafted Diploma on Contract Drafting in association with Scriboard Advocates and Legal Consultants. Contract Drafting is a very important and essential skill for any lawyer or law student.

This course will teach students to know the basics of contract drafting, how they are formed and how important contracts are in day to day functions for any business. The course is designed in a very systematic manner by the renowned corporate lawyer and author Mr. Rodney D Ryder and his associates.

  • Law Firm certifying the course: Scriboard Advocates and Legal Consultants [Mr. Rodney D Ryder shall be signing the certificate on behalf of the law firm]
  • Duration: Self Paced [You can start and complete as per your convenience]
  • Book: Each student shall receive a book written by Mr. Ashwin Madhavan and Mr. Rodney D Ryder on ‘Legal Writing and Contract Drafting’ free of cost, published by Bloomsbury Publishing – www.bloomsbury.com [A world-renowned publisher, headquartered at London, the United Kingdom].
  • Internship Opportunity: Those students who do well [submit a good and well-researched project assignment] shall receive an internship opportunity with Mr. Rodney D Ryder’s law firm: Scriboard Advocates and Legal Consultants.
3. DIPLOMA IN INTELLECTUAL PROPERTY: LAW AND MANAGEMENT – CLICK HERE –  TWO FREE BOOKS INCLUDED.

Limited seats are on offer.

Leading law firm SCRIBOARD – Advocates and Legal Consultants in association with Enhelion, has launched a Diploma programme on Intellectual Property: Law and Management for the students and professionals of India. This is a self-paced programme, and the access to the course will be provided to all the registered participants for “Life”.

  • Law Firm certifying the course: Scriboard Advocates and Legal Consultants [Mr. Rodney D Ryder shall be signing the certificate on behalf of the law firm].
  • Duration: Self Paced [You can start and complete as per your convenience]
  • Books: Each student shall receive two books written by Mr. Ashwin Madhavan and Mr. Rodney D Ryder on ‘Intellectual Property: Law and Management’ [free of cost], published by Bloomsbury Publishing – www.bloomsbury.com [A world-renowned publisher, headquartered at London, the United Kingdom] AND book titled ‘Intellectual Property and Business – The Power of the Intangible Asset’, published by Sage Publications – www.sagepub.in.
  • Internship Opportunity: Those students who do well [submit a good and well-researched project assignment] shall receive an internship opportunity with Mr. Rodney D Ryder’s law firm: Scriboard Advocates and Legal Consultants
4. DIPLOMA IN AIR AND SPACE LAW – CLICK HERE – TWO FREE BOOKS

Limited seats are on offer.

Enhelion is proud of launch an online diploma course on Air and Space Law with Vikrant Pachnanda Chambers. The aviation industry, as well as the space industry across the globe, is booming.

With private airlines expanding operations throughout the globe and with the opening up of the space sector to private companies like SpaceX, Blue Origin and many others, a lot of interest has been generated in the legal sector vis a vis Aviation and Space regulations.

The future looks extremely bright for both these nascent career prospects and more and more lawyers will be needed to help companies and governments deal with the complex legal issues involving both air and space. Keeping this in mind, we have launched this diploma course.

This course has been developed by Mr. Vikrant Pachnanda, an alumnus of Cornell Law School and the Leiden University. He practices aviation and space law in India and has extensive experience.

  • Law Firm certifying the course: Vikrant Pachnanda Chambers [Mr. Vikrant Pachnanda shall be signing the certificate]
    Duration: Self Paced [You can start any time and end anytime]
  • Books: Each student shall receive two books written by Mr. Vikrant Pachnanda [free of cost], published by Bloomsbury Publishing – www.bloomsbury.com on Aviation and Space Law respectively
  • You can start the course any time, as per your choice and end anytime as per your choice
  • Internship Opportunity: Those students who do well [submit a good and well-researched project assignment] shall receive an internship opportunity with Mr. Vikrant Pachnanda’s Law firm
5. DIPLOMA IN CYBER LAWS – CLICK HERE – FREE BOOK 

Limited seats are on offer.

Scriboard Advocates and Legal Consultants proudly announces the launch of the one-year Diploma programme in Cyber Laws.

The world of cyberspace is changing and with it, the law that governs the cyberspace is also changing. This Diploma programme will be taught by leading in house experts in the field of Cyber Law who deal with legal issues pertaining to the Internet on a daily basis.

  • Law Firm certifying the course: Scriboard Advocates and Legal Consultants [Mr. Rodney D Ryder shall be signing the certificate on behalf of the law firm]
  • Duration: Self Paced [You can start and complete as per your convenience]
  • Book: Each student shall receive a book written by Mr. Ashwin Madhavan and Mr. Rodney D Ryder on – “Internet Law and Policy” [free of cost], published by Bloomsbury Publishing – www.bloomsbury.com [A world-renowned publisher, headquartered at London, the United Kingdom]
  • Internship Opportunity: Those students who do well [submit a good and well-researched project assignment] shall receive an internship opportunity with Mr. Rodney D Ryder’s law firm: Scriboard Advocates and Legal Consultants
6. DIPLOMA IN MERGERS AND ACQUISITIONS – CLICK HERE – FREE BOOK

Limited seats are on offer.

Corp Comm Legal in association with Enhelion has launched an online diploma programme on Mergers & Acquisitions. Mergers and Acquisitions is an area that fascinates young students and professionals.

Corp Comm Legal specialises in Mergers and Acquisitions and has been part of several M&A transactions in the past. M&A’s play an important part in the growth of the corporate sector of any country.

Many business managers/young lawyers and law students are not aware of some of the important nuances of this highly lucrative subject of Corporate Law.

  • Law Firm certifying the course: Corp Comm Legal [Mr. Bhumesh Verma shall be signing the certificate on behalf of the law firm]
  • Duration: Self Paced [You can start and complete as per your convenience]
  • Internship Opportunity: Those students who do well [submit a good and well-researched project assignment] shall receive an internship opportunity with Mr. Bhumesh Verma’s law firm: Corp Comm Legal
  • Book: Each student shall receive a book written by Bhumesh Verma on – “Mergers and Acquisitions” [free of cost], published by Bloomsbury Publishing – www.bloomsbury.com [A world-renowned publisher, headquartered at London, the United Kingdom]
7. DIPLOMA IN MARITIME LAW – CLICK HERE

Limited seats are on offer.

Enhelion has launched India’s first online diploma in Maritime Law. Those who are interested to join the programme, please go through the content on this page. This programme is dedicated to the Indian and global audience.

With the advent of globalization and also with the growth of the world’s economy, we have witnessed significant growth in trade, both land-based and ocean-based.

It is important to note that a majority of international trade is conducted through the seas and oceans of our planet. Maritime law that governs trade-related aspects on the high seas has gained significant importance in the past few years.

The subject has not been given due importance in India, although India having a vast coastline and having almost all of its trade through the seas and oceans.

Maritime law practice has seen significant growth in the past few years, which has made law universities to take note of this vital practice of law. Unfortunately, not a single law university, be it a national law university or a traditional law university, has launched high-quality diploma programmes on Maritime Law.

Enhelion is the first online education institute to have launched such a unique course.

  • Law Firm certifying the course: Scriboard Advocates and Legal Consultants [Mr. Rodney D Ryder shall be signing the certificate on behalf of the law firm].
  • Duration: Self Paced [You can start and complete as per your convenience]
  • Internship Opportunity:  Those students who do well [submit a good and well-researched project assignment] shall receive an internship opportunity with Mr. Rodney D Ryder’s law firm: Scriboard Advocates and Legal Consultants.
8. DIPLOMA IN SPORTS LAW – CLICK HERE – FREE BOOK INCLUDED

Limited seats are on offer.

Enhelion in collaboration with the Sports Law division of Scriboard Advocates and Legal Consultants has launched a unique online diploma course on Sports Law.   It is one of its kind course developed by learned academicians and lawyers.

The diploma covers practical issues of Sports Law and it covers topics that are both domestically and internationally relevant.

Modules covered in this diploma include Governance of Sports, the relationship of sports with business. Special focus is given to Sports regulating authorities including the International Olympic Association, the World Anti Doping Agency, the Indian – Anti Doping Agency and others.

A specific chapter on the IP and Media related issues concerning Sports Law are also included. With the advent of Information Technology, a special section on Data Protection also forms a part of this unique online programme.

  • Law Firm certifying the course: Scriboard Advocates and Legal Consultants [Mr. Rodney D Ryder shall be signing the certificate on behalf of the law firm]
  • Duration: Self Paced – You can start the course as per your convenience and complete the course as per your convenience
  • Access to the course content: For Life [even after the course ends]
  • Book: Each student shall receive a book written by Mr. Ashwin Madhavan and Mr. Rodney D Ryder on – “Sports Law” [free of cost], published by Bloomsbury Publishing – www.bloomsbury.com [A world-renowned publisher, headquartered at London, the United Kingdom]
  • Internship Opportunity: Those students who do well [submit a good and well-researched project assignment] shall receive an internship opportunity with Mr. Rodney D Ryder’s law firm: Scriboard Advocates and Legal Consultants
9. DIPLOMA IN TECHNOLOGY LAW AND IP LAW – CLICK HERE – TWO FREE BOOKS INCLUDED

Limited seats are on offer.

Scriboard Advocates and Legal Consultants proudly announces the launch of the one-year Diploma programme in Technology Law and Intellectual Property.

With the way we are witnessing the penetration of technology in our daily lives, more and more companies are looking towards having an online presence for promoting and selling their valuable products and services.

Many young law students and professionals are not aware of the technology laws, rules, and regulations that govern Intellectual Property.

This online diploma course is a one-stop solution for anyone to get a broad understanding of not only the IP Laws that govern intangible assets but also how Intellectual Property is looked upon in the Internet age and how to protect vital IP assets on the Internet, which include domain names. The world of cyberspace is changing and with it the law that governs the cyberspace is also changing.

This Diploma programme will be taught by leading in house experts in the field of Cyber Law who deal with legal issues pertaining to the Internet on a daily basis. Through the Diploma programme you will also get an insight into the legal issues related to domain names and Cyber Squatting, UDRP principles, INDRP principles and much more.

  • Law Firm certifying the course: Scriboard Advocates and Legal Consultants [Mr. Rodney D Ryder shall be signing the certificate on behalf of the law firm]
  • Duration: Self Paced [You can start anytime and complete as per your convenience]
  • Access to the course content: For Life [even after the course ends]
  • Books: Each student shall receive two books written by Mr Ashwin Madhavan and Mr Rodney D Ryder on – “Internet Law and Policy” [free of cost] and Intellectual Property: Law and Management”, written by Mr. Ashwin Madhavan and Mr. Rodney D Ryder, published by Bloomsbury Publishing – www.bloomsbury.com [A world-renowned publisher, headquartered at London, the United Kingdom]
  • Allotment of Course:  Two days after you enroll.
  • You can start the course any time and complete the course anytime – as per your convenience
  • Internship Opportunity:  Those students who do well [submit a good and well-researched project assignment] shall receive an internship opportunity with Mr. Rodney D Ryder’s law firm: Scriboard Advocates and Legal Consultants
10. DIPLOMA IN CORPORATE LAWS

Limited seats are on offer.

Scriboard Advocates and Legal Consultants launches the registration process of the Diploma in Corporate Law launched with Enhelion. In an environment where the world’s progress and development are decided by trade, it is no surprise that business knowledge forms a cornerstone for any professional’s path to success.

Right from understanding the basic concepts to knowing what to do in business, the nuances of entrepreneurship, for making a successful business agreement, you as participants of this programme would get it all.

This advanced diploma programme would help the participants build on the knowledge/skill set that would stay with them and help them enhance their existing skill sets in their chosen career path.

Augmenting the same is the irreplaceable ability of the teachers/faculty teaching the course, who have been some of the most successful lawyers in the business world and have worked for many of the TOP fortune 500 companies.

  • Law Firm certifying the course: Scriboard Advocates and Legal Consultants [Mr. Rodney D Ryder shall be signing the certificate on behalf of the law firm]
  • Duration: Self Paced [You can start anytime and complete as per your convenience]
  • Access to the course content: For Life [even after the course ends]
  • Allotment of Course:  Two days after you enroll
  • You can start the course any time and complete the course anytime – as per your convenience
  • Internship Opportunity: Those students who do well [submit a good and well-researched project assignment] shall receive an internship opportunity with Mr. Rodney D Ryder’s law firm: Scriboard Advocates and Legal Consultants
Contact

If you have any questions, please email us at info@enhelion.com.

Note: This is a sponsored post.

 

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Law Firm Certificate Courses on Contract drafting, Drone, Aviation Law, Trade Law, IPR, Cyber Law, White Collar Crimes, Fashion Law and More: Apply by July 17th

Enhelion is delighted to launch new certificate courses on Public International Law, Energy Laws, International Humanitarian Law and Trade Law certified by Atharva Legal – Click Here for more details

Enhelion is also delighted to announce the next registration round of its popular courses below:

1. Certificate in White Collar Crimes and Financial Frauds

2. Certificate in Transportation Laws

3. Certificate on Civil Procedure Code

4. Certificate on Corporate Governance

5. Certificate in Legal Due Diligence

6. Certificate in Blockchain and the Law

7. Certificate in Intellectual Property Contracts

8. Certificate in Technology Contracts

9. Certificate in Legal Aspects of Business

10. Certificate in Competition Law

11. Certificate in Medical Negligence

12. Certificate in Capital Markets

Join any one online certificate course certified by a leading law firm and get the second certificate course absolutely free. You can select any certificate course of your choice from our website.

We have also launched online certificate courses on  Fashion Law, International Commercial Arbitration, Sports Law launched by Enhelion with leading law firms SU Shah and AssociatesCorp Comm LegalScriboard Advocates and Legal Consultants and Vikrant Pachnanda Chambers [Aviation Lawyer], Legal Eye Advocates and Legal Consultants

Please note that these courses are self-paced – which means that you can start the course anytime and complete the course as per your wish.

The new courses that we have launched along with the older popular courses are:

  1. Blockchain and the Law
  2. Intellectual Property Contracts
  3. Technology Contracts
  4. Mergers and Acquisitions [with Free book by Bloomsbury]
  5. Legal Writing and Contract Drafting [with Free book by Bloomsbury]
  6. Aviation Law [with Free book by Bloomsbury]
  7. Intellectual Property Law and Management [with Free book by Bloomsbury]
  8. Cyber Laws [Internet Law] [with Free book by Bloomsbury]
  9. Sports Law [with Free Book by Bloomsbury]
  10. International Commercial Arbitration
  11. RERA
  12. Fashion Law [with Free book by Bloomsbury]
  13. Competition Law
  14. Space Law
  15. Drone Law

Please find below the details of these certificate courses.

The last date to register is July 17th 2019 [at 2500/2750 per certificate course]

1. Certificate Course in White Collar Crimes and Financial Frauds [Click Here]

The course titled “White Collar Crimes and Financial Frauds” by Enhelion in association with Atharva Legal LLP  addresses the exact nuances any law student /lawyer should be apprised of and equipped with in order to understand the legal parameters involved in issues dealing with financial frauds , economic offences, scams and white collar crimes.

Professionally,  this domain area dominates all sectors of legal practice including offences by the lawyers and law firms themselves. The course content is structured in a manner to simply the salient features and concepts and to equip the learners with the acumen to understand and deal with the subject area efficiently as a legal professional.

  • Law Firm certifying the course: Atharva Legal LLP [Mr. Siddharth Nayak shall be signing the certificate]
  • Course Fee: INR 2500 [inclusive of GST]
  • Duration: Self Paced [You can start any time and end anytime]
  • You can start the course any time, as per your choice and end anytime as per your choice
  • Internship Opportunity: Those students who do well, shall receive an internship opportunity with Mr. Siddharth Nayak’s Law firm – Atharva Legal LLP
2. Certificate Course on Transportation Laws – [Click Here]

Enhelion in association with Jurist and Jurist International Advocates, a leading law firm from Delhi, has launched a unique online certificate course on Transportation Law. In this course, Jurist and Jurist International outline the various aspects of Transportation systems and applicable laws in India.

It will give you a broad understanding of regulations and regulatory authorities that are applicable to transportation systems in India.

This self-paced course covers: Overview of the Transportation system, classification of transportation, regulatory authorities of different transportation modes and last but not the least, the very important Motor Vehicles Act of 1988.

  • Law Firm certifying the course: Jurist and Jurist International Advocates [Mr. Jatin Sharma shall be signing the certificate]
  • Course Fee: INR 2500 [inclusive of GST]
  • Duration: Self Paced [You can start any time and end anytime]
  • You can start the course any time, as per your choice and end anytime as per your choice
  • Internship Opportunity: Those students who do well, shall receive an internship opportunity with Mr. Jatin Sharma’s Law firm – Jurist and Jurist International Advocates
3. Certificate Course on Advanced Contract Drafting and Legal Writing [Click Here] – FREE BOOK [CLICK ON THE JOIN NOW BUTTON]

This is a programme dedicated to the Indian audience. Contract drafting is the most important skill that a lawyer should have in today’s day and age.

Contracts are very vital for any long term business relationship. An excellent written contract always fills an organization with tremendous confidence in dealing with business relationships. 

All corporate professionals, business managers, lawyers, law students, entrepreneurs need to understand the nuances of a legal contract and should also know how to write a good contract.

This three month certificate programme looks at contract drafting in a completely different light. Practicing lawyers whose main job is to draft contracts on a daily basis, would be teaching this programme.

  • Law Firm certifying the course: Scriboard Advocates and Legal Consultants [Mr Rodney D Ryder shall be signing the certificate]
  • Course Fee: INR 2500 [inclusive of GST]
  • Duration: Self Paced [You can start any time and end anytime]
  • Book: Each student shall receive a book written by Mr Ashwin Madhavan and Mr Rodney D Ryder on – “Legal Writing and Contract Drafting” [free of cost], published by Bloomsbury Publishing – www.bloomsbury.com [A world renowned publisher, headquartered at London, the United Kingdom]
  • You can start the course any time, as per your choice and end anytime as per your choice
  • Internship Opportunity: Those students who do well, shall receive an internship opportunity with Mr Rodney D Ryder’s law firm: Scriboard Advocates and Legal Consultants
4. Certificate in Intellectual Property: Law and Management – [Click Here] FREE BOOK BY BLOOMSBURY [CLICK ON THE JOIN NOW BUTTON]

Scriboard Advocates and Legal Consultants in association with Enhelion Knowledge Ventures Pvt Ltd, bring to you a unique online certificate course on Intellectual Property and Management.

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  • Law Firm certifying the course: Scriboard Advocates and Legal Consultants [Mr. Rodney D Ryder shall be signing the certificate]
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Mergers and Acquisitions are an exciting area of specialisation and many young law students and law graduates dream of becoming M&A lawyers. But what does it take to become a good M&A lawyer? Does it require an understanding and involvement of company law or does it require a robust understanding of many laws? 

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  • Internship Opportunity: Those students who do well, shall receive an internship opportunity with Mr Bhumesh Verma’s Law firm: Corp Comm Legal]
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Aviation Law is one of the most lucrative areas of law in the 21st century. With the opening up of the Indian skies to many airlines, India requires a large number of lawyers who have knowledge and understanding of this exciting law. This course has been developed by Mr Vikrant Pachnanda, an alumnus of Cornell Law School and the Leiden University. 

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  • Law Firm certifying the course: Vikrant Pachnanda Chambers [Mr Vikrant Pachnanda shall be signing the certificate]
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  • Mode: Online through our virtual classroom technology
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  • The top three students will also receive a recommendation letter from Mr Rodney D Ryder
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Enhelion Knowledge Ventures Pvt Ltd has launched a certificate programme in Real Estate Regulatory Act along with the Real Estate Practice of Scriboard Advocates and Legal Consultants.

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  • Law Firm certifying the course: Scriboard Advocates and Legal Consultants [Mr Rodney D Ryder shall be signing the certificate]
  • Course Fee: INR 2500 [inclusive of GST] 
  • Duration: Self Paced [You can start any time and end anytime]
  • You can start the course any time, as per your choice and end anytime as per your choice
  • Internship Opportunity: Those students who do well, shall receive an internship opportunity with Mr Rodney D Ryder’s law firm: Scriboard Advocates and Legal Consultants
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  • Law Firm certifying the course: Legal Eyes Advocates and Legal Consultants [Mrs. Sapna Malik shall be signing the certificate on behalf of Legal Eye Advocates and Legal Consultants]
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  • Duration: Self Paced [You can start any time and end anytime]
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  • Law Firm certifying the course: Dhuparr and Associates [Ms. Khyati Dhuparr shall be signing the certificate on behalf of Dhuparr and Associates]
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If you have any questions then please email us at info@enhelion.com

Contact

If you have any questions, please email us at info@enhelion.com or visit our website.

 

 

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Media, Democracy and Development

– By Apoorva Mishra

“If it were left on me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.”

– Thomas Jefferson[1]

Informing the citizens about the developments in the society and helping them to make informed choices, media make democracy to function in its true spirit. It also keeps the elected representatives accountable to those who elected them by highlighting whether they have fulfilled their wishes for which they were elected and whether they have stuck to their oaths of office. Media to operate in an ideal democratic framework needs to be free from governmental and private control. It needs to have complete editorial independence to pursue public interests. There is also the necessity to create platforms for diverse mediums and credible voices for democracy to thrive. Media plays one of the crucial roles behind the formation of public sphere.[2]

The role of media in India, the largest democracy of the world is different from merely disseminating information and entertainment. Educating the masses for their social upliftment needs to be in its ambit as well. In a country where there is large scale poverty, unemployment and underdevelopment media has a responsibility towards developmental journalism. It has a role to play behind formation of public opinion which can force the political parties to address the core issues haunting the country’s progress. However, public opinion can be manipulated by vested interests to serve their own goals. Media can conceal facts and project doctored ideas to influence the electorate and thereby the voting outcome. Values like objectivity and truthfulness in presentation of news and ideas can be totally done away with.[3]

Areas where media can have a positive effect on societies:

Governance Impact: Corruption has a negative impact on society, particularly in furthering poverty and income inequality.[4] A free press exposes private and public sector corruption. It monitors government officials and increases voters’ knowledge, allowing voters to hold corrupt politicians accountable during elections, causing politicians to reduce corruption.

Economic Impact: Economic actors need accurate and timely information to allocate resources efficiently. Investors and other groups increasing value and demand a governance-monitoring role from the media.[5] A free and independent press can provide information and monitoring to the economic policy development process leading to more effective economic policies. It can also reduce political risk and increase good governance, conditions that are important for robust economic development.

Social Impact: In order for development to be just and sustainable, citizens must productively participate in the decisions that shape their lives. Participation requires an informed citizenry. A free and independent media supply timely and relevant information to citizens allowing them to change their own behaviour and to demand higher social standards for society.[6]

Access to information is essential for a democratic society because it ensures that citizens make responsible, informed choices rather than acting out of ignorance or misinformation and information also serves a checking function. It is well known that media overlaps other functional areas of democracy and governance.[7] The support for media may yield results in governance activities, particularly those related to decentralization, anti-corruption, and citizen participation in the policy process. The rule of law may be further institutionalized by support for an independent media that keeps a check on the judiciary, reports on the courts, and promotes a legal enabling environment suitable for press freedom. Free and fair elections conducted through transparent processes require a media sector which gives candidates equal access, and reports the relevant issues in a timely, objective manner.

If media is to have any meaningful role in democracy and governance it must be free and independent from the control of government. The ultimate goal of media is to serve the public interest. The public interest is defined as representing a plurality of voices both through a greater number of outlets and through the diversity of views and voices reflected within one outlet.

The role of media in a democratic system has been widely debated. India has the largest democracy in the world and media has a powerful presence in the country. In recent times Indian media has been subject to a lot of criticism for the manner in which they have disregarded their obligation to social responsibility. Though media has at times successfully played the role of a watchdog of the government functionaries and has also aided in participatory communication, a lot still needs to be done.

 

[1] Thomas Jefferson, a spokesman for democracy, was an American Founding Father, the principal author of the Declaration of Independence (1776), and the third President of the United States (1801–1809).

[2] Coronel, S. (2003). The Role of the Media in Deepening Democracy. Retrieved from http://unpan1.un.org/intradoc/groups/public/documents/un/unpan010194.pdf

[3] Parceiro, S. (1999).The Role Of Media in Democracy: A Strategic Approach. Retrieved from http://www.usaid.gov/our_work/democracy_and…/pdfs/pnace630.p

[4] Gupta, Sanjeev, Hamid R. Davoodi and Rosa Alonso-Terme . 2002. ‘Does corruption affect income inequality and poverty? Economics of Governance 3(1): 23–45.

[5] Kaufmann, Daniel, Aart Kraay, and Massimo Mastruzzi. “Governance matters IV: governance indicators for 1996-2004.” World Bank policy research working paper 3630 (2005).

 

[6] Schramm, Wilbur Lang. Mass media and national development: The role of information in the developing countries. No. 25. Stanford University Press, 1964.

[7] Habermas, J. (2006). Information and democracy. In F. Webster (Ed.), Theories of the Information Society

(pp. 161-163)

 

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An Article on Libel

– By Apoorva Mishra

What is Libel?

It is an untrue statement about a living person or existing institution that injures reputation by defamation, that is, by exposing them to public hatred, shame, disgrace or ridicule. Libel is the usual sort of lawsuit filed against the media or those who use the media to speak out. Allegations of libel in the mass media or on the Internet usually stem from articles that allege immorality, loathsome disease, crime, dishonesty or misconduct. People often sue to restore their reputations and to correct what they view as a falsehood, regardless of personal expense or the legal merits of their cases.

You can defame someone by publishing material in various forms. These include:

  • Via newspapers or other printed media
  • Broadcasting on radio and TV
  • On the web – including online forums, social media and micro-blogging sites
  • By email.

You also risk defaming someone if you repeat defamatory comments previously made or published by others – for example, quoting a defamatory newspaper story about them in an interview or blog.

A claimant would need to show that the defamatory material can be reasonably understood to refer to them – even if they are not named specifically.

Factors leading to libel

  1. False Statement has to be made.
  2. The statement must be defamatory in nature, i.e. it should actually harm the reputation of the other person rather than just being insulting.
  3. The defamatory statement must have been published somewhere, bringing it to the notice of other people other than the person against whom such a statement is made.
  4. Also, reading such statements the public should be able to connect that statement with the plaintiff.

Situations where can a Journalists be held accountable

It includes whatever an ordinary readers read, view or hear in between the lines and can easily interpret.

Sometimes journalists and others try to get clever with words, hinting and implying things, thinking they are safe because they can prove the literal truth of the words. However, that is wrong. What they have to prove is the meaning that ordinary readers take from their story.

Even if the publisher didn’t intend that meaning, it doesn’t matter. He’ll still be held accountable, because it is not the intention of the publisher that counts but what the ordinary public understands in general.

If the ordinary public names someone as responsible for crime, and the public relates it some other person with the same name, in such a situation the publisher shall be held liable for libel even if he had no idea about the existence of the other person.

The person who reports is always held liable, no matter if it’s reporting what someone else has said, no matter how genuine the source is. He should always be able to take charge of the statements made by him and prove that the reported statement is true.

Defences

While on many of these issues the burden of proof is on the plaintiff, the primary defenses to a defamation claim are that the statements are true, are not statements of fact, or are privileged. Some defamatory statements may be protected by privilege, meaning that in certain circumstances the interest in communicating a statement outweighs the interest in protecting reputation. For example, most, if not all, jurisdictions recognize a privilege for fair reports of what is said, done, or published out of government and judicial proceedings, and for reports of misconduct to the proper authorities or to those who share a common interest (such as within a family or an association). Privileges do vary somewhat from state to state in their scope and requirements. They generally apply to non-media defendants to the same degree as to media defendants.

Conclusion

As a reporter it is crucial to understand the responsibility he carries on his shouders and how sensitively he needs to handle the same. Reporters are ofcourse free to pursue their reporting in whatever manner they feel like, however, no right is absolute. This does not give them right to provide false information and play with the reputation of a person. As it is said, with freedom comes a lot of responsibility, therefore, there is a need to strike a balance by the journalists between freedom of press and requirements of responsible journalism.

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Journalist’s Privilege

By Apoorva Mishra

When we speak about the “right” to free speech, we do not just mean – as might seem at first glance – the right of speakers to speak unhindered. We also mean the rights of listeners and hearers to receive information. Most of the scams and organized crimes expose by Indian media through sting operations and access to confidential information. While a sting operation requires lengthy preparations, an information leak is relatively simple. A member of the government or someone who has access to confidential information reveals it to a journalist who further investigates it to create a story. All this gives rise to several moral and legal questions mainly related to the authenticity of the news, the procedure of obtaining it and well the security of the “secret source”.

Journalist’s Privilege and Law

Indian laws are largely silent on these issues however the court have gone into the question of identification of the secret source.

In Jai Prakash Agarwal v. Bishambar Dutt Sharma (1986)[1], the Delhi High Court directed the reporters to disclose their sources for a story claiming that a judicial verdict in an election petition was fixed. In another case against The Hindustan Times, the high court at Patna ruled that it was within its power to ask a journalist to disclose his source. Secondly, placing reliance on the 1997 judgment in the Pioneer case, Delhi High Court stated that the court ought not compel disclosure unless required in the interest of justice. In absence of any statutory provision or Supreme Court ruling, this case settled that courts are inclined towards the recognition of the privilege. Moreover, the Law Commission has recommended that this privilege be codified for clarity on the subject.

The rationale of these judgments is that the privilege to journalists to play the role of a watchdog and keep a track of governance without any fear of compulsion should not be abused. Irrespective of Law Commission of India’s recommendations to codify the privilege, successive governments have shied away from doing so for fear of making the media more powerful, especially when there is nobody to keep them accountable.

The Current Position

Therefore, at present India has no statutory law or any Supreme Court precedent that protects journalists and their sources from identification and high courts are mostly unfavorable to Journalists.

However, other major democracies have not ignored these issues. The UK, in 1981 itself declared   that no journalist can be forced to disclose the source of information unless necessary in the interests of justice, national security or prevention of crime, to a court’s satisfaction.

The rationale of the privilege otherwise recognized around the world is that journalists will be unable to play the role of a watchdog unless they can guarantee confidentiality to their sources. It is a departure from the general rule that everybody has a legal obligation to give evidence.

India is yet to mature as a democracy and Indian media is also not high on morals, therefore, a law that keeps a proper balance of journalistic privilege as well accountability should be brought.

Importance of Journalist’s Privilege

The main principle behind journalistic privilege has very little to do with journalists themselves. In order to fulfil their duties in a democracy, the press often have to rely on anonymous sources and without a strong legal guarantee of anonymity, very few people would come forward and furnish information. Such fear remains a deterrent irrespective of whom the informant contacts. While it is more common to contact a journalist with sensitive information, people who disclose information about unlawful activities to the public need to be protected irrespective of whether the disclosure was made to a journalist or a lawyer. It is the severity of the risk that warrants protection and not the identity of the person to whom the disclosure is made.

Need for a statutory protection of anonymous sources in India

The Law Commission has made two recommendations on the matter, but they have largely been ignored so far. They have mainly centered around including journalistic privilege in the Indian Evidence Act, 1872 as part of the rule on “privileged communication” which covers attorney-client, doctor-patient, and spousal communication. Sections 126 to 129 and 132 of the Act cover such communication and the best way to integrate journalistic privilege in our existing laws is to amend these sections.

Further, just as the fundamental right to freedom of speech and expression is subject to certain reasonable restrictions, the protection of anonymous informants should also be a qualified privilege, with similar exceptions on matters of national security, public order, and friendly relations with foreign states.

Conclusion

As long as the primary intent of the law is to protect the informant, there is no reason why lawyers and activists should be extended the same privilege. Any person who is used as a medium by people who take risks to make the public aware of the truth must have the right to invoke it. When confronted with matters such as that of the CBI Chief’s visitors’ logbook, courts must look beyond the text and focus on the intent and spirit of the law. Complete prohibition on disclosure of the source might not work. We need to carve exceptions like national security, contempt of court, official secrets, public interest and terrorism related issues. Qualified privilege will suit the Indian model because of its flexibility.

[1] 30 (1986) DLT 21

 

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Censorship and Media

– By Apoorva Mishra

Censorship the control of the information and ideas circulated within a society — has been a hallmark of dictatorships throughout history. In the 20th Century, censorship was achieved through the examination of books, plays, films, television and radio programs, news reports, and other forms of communication for the purpose of altering or suppressing ideas found to be objectionable or offensive. The rationales for censorship have varied, with some censors targeting material deemed to be indecent or obscene; heretical or blasphemous; or seditious or treasonous. Thus, ideas have been suppressed under the guise of protecting three basic social institutions: the family, the church, and the state.

Censorship is a global phenomenon. Time and again, there have emerged news of something getting banned somewhere in the world for reasons that seem unreasonable to many while a necessity to the rest. In India, specially, censorship exists in mass abundance. While each country and each culture censors the media in one way or the other, the amount of censorship or the cut-off level which defines what to show and what not, differs.

There are also different types of censorship. One of the most common criteria behind censorship is the age limits for viewing different media. Sometimes the censorship can be a blanket ban on a certain taboo topics and the definition of a taboo topic would be defined according to the governing authority in the country. So, while the levels of media censorship exist, people are still calling for absolute removal of all types of censorship. Then again, there are proponents who think that its use creates a balance in what ought to be said and written, which again, the opponents criticize on the basis of the threat it poses to the right of speech.

Advantages and Disadvantage of censorship

It is true that media is responsible for spreading information about current events all around the world, the need of the hour is balance of information given. Certain times violent speeches and derogatory comments given by people towards a particular race and religion. While the act in itself can be condemned, there is no need of repeated air-time given to the incident. This can only incite the masses against the said person or the organization he/she is associated with. Such media tactics are often used by political parties for selfish means while ignoring the greater good of the society. This can only bring unrest among the masses and disrupt the peace in the society. Some people may try to spread nonsensical propaganda through unsuspecting media. Censorship will prevent the public display of disrespect to any particular individual or community and promote political correctness.

However, Censoring of information may lead to a wrong image perceived by the public. It gives rise to and hides abuse of human rights. If the news coming from a war zone does not show the true nature of the damage inflicted, how can a person be aware of the real situation of the war? If to say that the real death toll and associated imagery should be censored, it will be equivalent to denying even the presence of war. Death is real and people affected in a war zone pay for it with their lives and we owe it to them to know their real stories. Don’t censor the media; rather tackle the issues leading to a situation that might need to be censored. Hiding the complete picture doesn’t erase its presence, merely gives a false perception.

Conclusion

Although the right to freedom of expression does not require an absolute ban on prior censorship, this should be a highly exceptional measure, taken only when a publication threatens grave harm, such as loss of life or serious harm to health, safety or the environment. An article deemed defamatory, blasphemous, obscene or overly critical of the government would rarely if ever meet this threshold. Moreover, a system whereby media content must be officially cleared before it can be released would be unacceptable; its harm to freedom of expression would plainly far outweigh the benefit to its goals. An absence of censorship might not be a perfect notion, as it can cause chaos. But it also doesn’t mean that the government uses it for its own personal gain by suppressing dissent. Ours is a democratic nation, yet has more censorship than most nations.

 

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An Article on Content Regulation

– By Apoorva Mishra

In India, media as a whole is regulated through a gamut of statutes and codes. Being one of the largest industries, its regulation is regarded significant in the interest of public and nation as a whole. The real value of such a regulation is to handle the relationship between any segment of media and the public. In case of Television media, the regulation sets the expectations of that relationship and allows the television media to be the “service provider” to be called to account if those standards are not met. On a face value, it works very well if nothing hinders the legal standard and the most importantly the moral standard of the society. It is expected that the Regulatory bodies can mediate relatively informally, away from the court rooms and hopefully effectively to resolve the complaints and improve their performance.

It is known that whenever regulation is introduced in any field where influence on public is huge, there will be a mix of economic, political and cultural concerns and approaches. One could see the impact of visual media to be far more than the print media and hence regulation over it has always been more than its other counter parts. Earlier, broadcasters needed limited access to airwaves, so the state could license away to any private player. This gave an opportunity to increase revenue as well as to regulate the content to be displayed. Technologically, airwaves have also been found to be relatively easier to regulate so the state had full advantage to impose more demanding regulation. Whether there is harm on the right to free trade or free expression, is a later concern, the state was fully aware of its potentially powerful influence over large swathes of audience, hence, former right is allowed to be overridden.[1]

Everything seemed fine till the age of New Economic Policy was introduced in the 1990s which opened the gateway for the private players to serve the public with negligible regulation. This was followed by several consequences both at macro and micro level. Though few hurdles were apprehended but at the same time it pose a problem to protect the much coveted fundamental right of freedom of speech and expression which is guaranteed under Article 19 of the Constitution. Indian society is now going through a process of transition and media is also responding to the various needs to it. However, the subtle balance between Article 19 freedom and public morality and decency is also a surmountable task to attain. To decide such controversial issues, it is of paramount importance that a genuine and neutral body is judging the process.

Media regulation in India is currently a maze, with multiple agencies involved in formulating and implementing policy, drafting and enforcing legislation. To make matters worse, they often appear to be unaware of each other’s interventions and seem to work at cross purposes. Among the official organisations currently involved in media regulation are the following:

  • Union Ministry of Information & Broadcasting: It functions as policy-maker and content
  • Telecom Regulatory Authority of India: At one point it was given the responsibility for regulation of the broadcast sector (in addition to the telecommunications sector) but it backed out and currently it is involved primarily with issues of technology, such as carriage regulation and pricing.
  • Inter-Ministerial Committee: It was constituted by the Ministry of Information & Broadcasting to look into complaints regarding violations of the programme and advertisement codes connected to the Cable Television Act and Rules.

These are the few bodies which are often encountered when issues regarding regulation of television content surfaces. It is true that the idea of an independent regulatory body to regulate the media content is revolutionizing the entire nation. Moreover, one must also accept and adhere to the fundamental right of freedom of expression granted by our Constitution. However this right be regarded as a license to impede our morality and ethics.

[1] Ammu Joseph, Broadcast regulation in the public interest: A Backgrounder, InfoChange Media, available at

http://infochangeindia.org/Media/Broadcast-Laws-and-Regulations/Broadcast-regulation-in-the-public-interest-A-backgrounder.html

 

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A View on Freedom of Information

– By Apoorva Mishra

Everyone has a right to seek, impart and receive information under the right of freedom of expression. This right to Freedom of Information is the key to achieving many other rights, securing democracy and enabling development. It is also intended to promote a culture of openness among public authorities and to give people the right to access much of the information they hold.

Governments and public bodies hold masses of important information. They hold it on behalf of the public and should therefore:

  • proactively publish information in the public interest.
  • provide open access to people wanting specific information.

The right of freedom of information is based on the principle that the government is required to serve the people. Information forms a very important part of the democracy. It leads to accountability, transparency and good governance.

Role of Information?

  • Gives people a fair chance to know the information, to know what’s happening and give their opinions and debate on the relevant matters.
  • Keeps a check on the government and makes sure that there is transparency maintained.
  • Ensures free and fair election.
  • Gives authority to the civil society and the journalists to expose corruption and wrong doing.
  • Enables people to have access to their personal information.

‘Information’ should include all information held by a public body, regardless of form, creator, date, or classification. Public bodies include executive, legislative and judicial branches of the state, as well as public corporations and publicly-funded bodies. It should be the responsibility of the information holder to prove that it is legitimate to deny access.

Exemption

Most open records laws are based on the presumption that everything is public, unless specifically exempted. Some states specify certain categories of information that always are public. Many exceptions to public access are subject to agency discretion, so one can always try to convince officials that it would be in the public’s interest to release the requested information. In most states, only a few specifically designated types of records are required to be kept secret, for example:

Law enforcement and investigative files: These may be exempt across the board, or may resemble the federal statute, which permits information to be withheld only when some specified harm to the investigation or an individual involved would result from disclosure.

Commercially valuable information: These exemptions usually protect from disclosure information provided by private companies to the government, such as commercially sensitive or trade secret information in licensing or contract applications.

National security: These exemptions are intended to protect from disclosure those documents that if released could potentially harm security interests. At the federal level, these are often documents containing “classified” information.

Freedom of Information and Media

Freedom of Information should not be misused by the media by generating stories against the Government. Freedom of Information is an important tool to provide better understanding to the people who want to know how the government functions, why or how the government makes a particular decision. Media, on the other hand, would prefer a less open government. It is the job of journalists to hold the government to account on behalf of the public. The Freedom of Information Act is a vital tool in their armoury which should not and must not be removed or weakened.

Conclusion

Despite the remarkable trend towards adoption of Freedom of Information, the public in general still faces a lot of obstacles. There is a need for better effective mechanism to cater to public needs. The principle of maximum disclosure dictates that individuals should be granted access to all information held by public bodies, except for very limited and clearly specified categories, subject to harm and public interest tests. It is not unusual for exceptions, along with the reference to official secret acts, to justify arbitrary denials of information access. Perhaps the greatest challenge of all is the shift from a culture of secrecy to one of transparency. This entails a fundamental change in mindsets of politicians and bureaucrats, as well as building public awareness to encourage active exercise of the right to know.

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Authors Guild Inc. v. Google

By Apoorva Mishra

In 2004, Google announced two programs: “Partner Program,” involved the “hosting” and display of material provided by book publishers or other rights holders and second “Library Project,” involved the digital scanning of books in the collections of the number of university libraries. The Partner Program and the Library Project together comprise the Google Books program (“Google Books”) where all types of books are encompassed. Google creates more than one copy of each book it scans from the library collections, and it maintains digital copies of each book. Google did not seek or obtain permission from the copyright holders to digitally copy or display verbatim expressions from in-copyright books. Google has not compensated copyright holders for its copying of or displaying of verbatim expression from in-copyright books or its making available to libraries for downloading of digital copies of in-copyright books scanned from their collections. Google also provides snippet view for the books for the users to read. Plaintiffs commenced this action on September 20, 2005, alleging, inter alia, that Google committed copyright infringement by scanning copyrighted books and making them available for search without permission of the copyright holders.

ISSUE

Whether Google’s use of copyrighted work is “fair use” under the copyrighted laws?

Analysis

Doctrine of Fair Use

The Copyright Act gives copyright holders the exclusive right to reproduce works for a limited time period. Fair use is a limitation on this right. Fair use allows people other than the copyright owner to copy part or, in some circumstances, all of a copyrighted work, even where the copyright holder has not given permission or objects.

Copyright law does not give copyright holders complete control of their works. Copyrighted works move into “the public domain” and are available for unlimited use by the public when the copyright term expires. But even before works enter the public domain, the public is free to make “fair uses” of copyrighted works. The Supreme Court has described fair use as “the guarantee of breathing space for new expression within the confines of Copyright law.”[1]

Fair Use – Transformative in nature

Fair use is more likely to be found when the copyrighted work is “transformed” into something new or of new utility, such as quotations incorporated into a paper, or perhaps pieces of a work mixed into a multimedia product for your own teaching needs or included in commentary or criticism of the original and are not simply a reproduction. There are four factors determining fair use:

  1. Purpose and character of use.
  2. Nature of copyrighted work
  3. Amount or Substantiality of Portion Used
  4. The Effect of the Use in the Potential Market or for the Value of Work

The key consideration is:  Whether the use of copyrighted work is transformative or not?

  • Google’s use of the copyrighted works is highly transformative. Google Books digitizes books and transforms expressive text into a comprehensive word index that helps readers, scholars, researchers, and others find books.
  • Google Books has become an important tool for libraries and librarians and cite-checkers as it helps to identify and find books. The use of book text to facilitate search through the display of snippets is transformative.
  • Google uses snippets of text to act as pointers directing users to a broad selection of books.
  • Similarly, Google Books is also transformative in the sense that it has transformed book text into data for purposes of substantive research, including data mining and text mining in new areas, thereby opening up new fields of research. Words in books are being used in a way they have not been used before. Google Books has created something new in the use of book text the frequency of words and trends in their usage provide substantive information.
  • Google Books does not supersede or supplant books because it is not a tool to be used to read books. Instead, it adds value to the original and allows for the creation of new information, new aesthetics, new insights and understandings.
  • Google does not sell its scans, and the scans do not replace the books. While partner libraries have the ability to download a scan of a book from their collections, they owned the books already — they provided the original book to Google to scan.
  • Nor is it likely that someone would take the time and energy to input countless searches to try and get enough snippets to comprise an entire book.
  • Not only is that not possible as certain pages and snippets are blacklisted, the individual would have to have a copy of the book in his possession already to be able to piece the different snippets together in coherent fashion.

Google Provides various significant public benefits:

  • It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders.
  • It has become an invaluable research tool that permits students, teachers, librarians, and others to more efficiently identify and locate books.
  • It has given scholars the ability, for the first time, to conduct full-text searches of tens of millions of books.
  • It generates new audiences and creates new sources of income for authors and publishers.
  • Many authors have noted that online browsing in general and Google Books in particular helps readers find their work, thus increasing their audiences.
  • Further, Google provides convenient links to booksellers to make it easy for a reader to order a book. In this day and age of on-line shopping, there can be no doubt but that Google Books improves books sales.

 

CONCLUSION

Google is entitled to summary judgment with respect to plaintiffs’ claims based on the copies of scanned books made available to libraries. Even assuming plaintiffs have demonstrated a prima facie case of copyright infringement, Google’s actions constitute fair use here as well. Google provides the libraries with the technological means to make digital copies of books that they already own. The purpose of the library copies is to advance the libraries’ lawful uses of the digitized books consistent with the copyright law. The libraries then use these digital copies in transformative ways. They create their own full-text searchable indices of books, maintain copies for purposes of preservation, and make copies available to print-disabled individuals, expanding access for them in unprecedented ways. Google’s actions in providing the libraries with the ability to engage in activities that advance the arts and sciences constitute fair use.

[1] Campbell v. Acuff-Rose Music, Inc., 114 S.Ct. 1164, 127 L. Ed. 2d 500 [1994]

 

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