Legal Guidelines Issued by Government About Police Encounter Investigations

Legal Guidelines Issued by Government About Police Encounter Investigations

Police encounters are commonly heard of in India and most of us are even aware about many cases that smell fishy as well. Even government as taken notice of some fake encounter cases that have come forward and hence issued certain guidelines that the police department needs to adhere to in order to streamline the whole procedure and for investigation convenience as well.
1. It is mandatory put information regarding any tip off regarding a criminal offense in some form or the other either in writing (case diary preferably) or electronically, by a higher authority. Though, it is not mandatory to reveal all the details about the information like location or suspect.
2. If an encounter occurs post the tip-off or intelligence information, then it is mandatory to file an immediate FIR as per the procedure described under section 158 and forward it to the court under section 157.
3. The police team of another police station or the CID has to investigate the encounter or incident under the supervision of senior officer or atleast an officer of the same cadre to that of the one involved in the encounter. The team will need to collect the following information from site as well.
a. Identify the victim and take color pictures of him/ her. | b. Collect and preserve evidence related material like blood stained clothes, earth, hair, threads, equipment, fibers and more.
b. Identify and collect details of witnesses on site including their name, contact, address and more. Write down their statements or record them on video/ audio. Also, take down the statements of the police personnel involved in the encounter and pictures, video or sketch of the scene. Note down the death time and the whole process of the encounter that resulted in the death of the criminal.
c. Send the untouched finger prints of the deceased for chemical analysis. Also, any other finger prints collected on site have to be sent as well.
d. Evidence like weapons, cartridges, bullets, cartridge cases and more need to be taken into custody and preserved. Gun shot residue tests as well as metal detection traces need to be carried out wherever applicable.
e. It is necessary to note down the cause of death of the deceased, whether it was a suicide, homicide, encounter, natural or accidental death.
f. Two doctors need to conduct the postmortem of the deceased in the district hospital and one of them must be the hospital head or incharge. It is mandatory to cover the process through videography and preserve it.
9. The encounter information needs to be immediately sent to the NHRC or state human rights commission as per the case. Though NHRC need not necessarily get involved unless there is some doubt about the investigation or the encounter’s authenticity.
10. If the victim is injured in the encounter, then immediate medical aid needs to be provided to the victim and his/her statement has to be recorded in front of the medical officer or the magistrate. A medical fitness certificate also needs to be acquired from the officer.
11. In all the cases, where the encounter has resulted into death or deaths, a magisterial inquiry becomes mandatory under section 176 and the report of the it has to be sent to the judicial magistrate under section 190.
12. In case of death, the immediate relative of the criminal/ victim must be informed immediately.
13. In case of death or deaths in an encounter, it is mandatory to send half yearly statements of the cases of police firing to NHRC by the DGP’s. The due date for the statements is set to January and July 14. The format for the statement needs to be as follows and wherever applicable documents of reports have to be attached.
1. Criminal case no.
2. Investigating agency
3. Date/ Place of death
4. Situation resulting to death
a. Self defense | b. unlawful assemble dispersal course | c. affecting arrest course
5. Facts about the incident in brief
6. Report from inquiry by senior officers/ magistrate
7. Information related to
a. Police personnel responsible for the death |b. Information on use of force, lawful action or not.
15. In case if the conclusion report show evidence of a fake or unlawful encounter amounting to offense under the IPC, then disciplinary action against the responsible officer needs to be taken promptly after immediate suspension.

* Disclaimer – Sourced from the internet. Verification required

The Significance of a Business Transaction Lawyer For Businesses in India

When it comes to business decisions that involve legal procedures and monetary transactions, and any issues arising due to legal inability or ignorance can cost you a fortune for sure or land you in a legal soup. So, it is important for a business to have a business transaction lawyer. This is not just true for large companies but also for start ups. In future when the need of merger with some company or selling the company arises, a business transaction lawyer could be of utmost help.

Like when you don’t feel well you seek a doctor and you find specialists around every health concern, today you find specialist lawyers as well and one of the area of specialization besides crime and civil is business transaction. Here are a few benefits of hiring a Business Transaction lawyer for your business.

Inception – When you start a business, the lawyer can help you organize your business under a relevant category. For example business lawyer helps you on deciding whether to go for a corporation

Licenses and Taxes – You would be definitely having an accountant to take care of your business tax returns, but understanding the business transactions and consequences tax frauds as well as registrations like state tax identification numbers is very important. Business transaction lawyers can help you with that.

Intellectual Property – Intellectual properties include your logos brand names and other creative or idea based exclusive intellectual properties which need to be copyrighted or trademarked. Lawyers can help you with the procedures related to getting your stuff protected against copy or duplication.

Real Estate Dealings – For a business infrastructure, you might as well need to buy or lease some commercial space or land and here is when a business transaction lawyer comes in the picture. Documentation of such transactions or deals requires an eye for legal detailing or else the landlord could devise the documentation the best of his/her interest only.

Contractual Documents -There are certain legal procedures that need to be followed while getting into contractual agreements. In such situations when you need help in contract matters While dealing with suppliers, distributors, clients or customers, its always smart to avail the services of a business transaction lawyer.

Well, these are just few of the benefits that business transaction lawyers provide with respect to your business big or small. So, keep yourself at bay from the stressful encounters with law and even unnecessary and unexpected monetary losses. Just one last say, choose a lawyer based on expertise and thorough knowledge of the business transaction or legal sector.

Dress Code Notice For Law Colleges by BCI

The Bar Council of India (BCI) recently recommended various law colleges across the country to have a dress code suitable to the profession for all the students.

This came after a controversy hit the NLSIU Bangalore college this month, when a professor was witnessed castigating a student on account of her wearing shorts to the lecture. This also spurred a protest from a group of students in the college. They turned up in shorts the very next day to protest for their right to personal expression and against the moral police.

This story was covered staunchly by the media and finally the issue was resolved mutually between the students and the college. Having said this, on April7, 2016 BCI sent a notice to all colleges acting upon its concern regarding the downgrading dressing standards in Law Colleges.

It hence urged the college management to impose suitable dress code in their colleges, suggesting that the dress code could be a white shirt teamed either with black, white or grey trousers preferably.

dress code of law

Best Law College in Bangalore ,see the ranking list of law colleges in India .

source by: http://www.legallyindia.com/law-schools/with-trouser-preferably-dictates-bci-in-6-month-late-last-word-1-day-after-nls-shortsgate

Right To Information Act-One Law For All

In the light of a case wherein a woman by name KR Chitra was denied the right of information on the colleges and universities inspected by every member of the BCI with the date of inspection, the central commission proved that law is equal for all. Precisely, this lady wanted the complete list with the aforesaid details but was not provided with the same by BCI. The reply received from the BCI in the regard said that there were thousands of colleges under the list and hence it would be impossible to furnish the information required. Only specific information about a college or institution if requested could be furnished.

right to information act

The Central commission therefore warned the Bar Council of India for not abiding to the mandatory proactive disclosure clause of RTI act. It mentioned that it was a breach of the RTI rules, that too by a reputed organization like BCI. It further added that Central Commission was apparently surprised by the act, wherein even though the information was available in the database, it was not shared by the BCI. The commission also mentioned that the allotted time of 10 years for fulfilling the obligation was already over.

The Commission also ordered the BCI to provide the 4(1)(b) compliant annual report as needed under section 19(8)(a)(vi). The section 4(1)(b) states that every public authority has to maintain it’s updated information in 17 specified categories and it needs to be posted on their relevant web page besides sharing it on the public domain as well.

The commission added, asking an explanation on the same that why they shouldn’t impose a heavy penalty for such a breach. Thus it is very clear that the law remains the same for one and all, be it the common man or biggie when its about Right to information.

 

K.L.E. Society’s Law College in Bengaluru has been awarded with 6th Rank in the ranking of ‘Top Law schools in India’ and 3rd rank (Southern Region) in the Ranking of Top Law schools by region. GHRDC Hotel Management Institutes & Law School Survey Results 2016

 

source : http://deccanchronicle.com/nation/current-affairs/170416/bar-council-of-india-pulled-up-for-not-following-mandatory-rti-clause.html

INTELLECTUAL PROPERTY RIGHTS – A SNEAK PEAK

Intellectual property rights are all about creative products produced or created or invented by the human minds. With the businesses and products growing in leaps and bounds over the years, intellectual property rights are gaining importance as information economy is becoming more and more significant in these times. Information economy is about giving objects created by the mind and not anything physical like land, etc.

The question is how are to protect or prevent others from taking undue advantage of your ideas, creations or inventions. Here is how it can be done.

intellectual property rights

COPYRIGHT
By copyrighting your product you are preventing it from being copied or distributed. It is approved by law and falls under intellectual property rights. Also known as territorial rights because they are restricted to a certain jurisdiction or territory only and not beyond that. The best part of copyrighting a product is that its extremely easy. No registrations or expenses involved.

TRADEMARK
Trademark or registered trademark is a unique design or sign that is used on a product or a package, label or a voucher. A trademark has to be registered by the owner in their name and then use the symbols like TM for trademark or ® for registered trademark with their logo, symbol, design image or combination of all. On the flip side, trademarking a product does not necessarily mean that the internet domain is also copyrighted.

PATENT

This is generally used when a product is invented and is a right to prevent others from copying it, making it or selling it for a limited period of time. This way a new product is protected by its inventor as an exclusive one and avoids competitors from making or selling the same. Though, it is an expensive affair as it involves a lot of research and fees too. Further, once the patent is granted, possibility of it getting canceled is always there.

INDUSTRIAL DESIGN
Resulting form the materials used or the design, feature lines, shape, textures, etc, it is the monopoly right for a product’s appearance in part or whole. It has to be unique and not similar to any other existing or existed. Though its easy for others to defeat it by making simple or minor changes in the design.

Certificate Course In Intellectual Property Law ( 6 Months Course)

Post Graduate Diploma In Intellectual Property Rights (2 Years course)

The above two courses offer – KLE Law College in bangalore

Professor and Dean at NEWYORK’S Cornell Law School

For technology to thrive, law is vital were the words of the Eduardo Penalver, Law Professor and Dean at the New York’s Cornell Law School. He said this during his talk on the role of legal system in technology while addressing the law students in India.
He harped upon the significant role that Legal education plays in protecting the law rule and also brought to the light the fact that overseas, the students were not opting for law education even though the job market has shown a genuine rise.
He also emphasized that law has to be consistent, intelligible, public and accessible to all. He added, Law to be applied at a equal level and be coherent internally. He urged that the need for lawyers was more than ever now and hence the young generation take up the career to secure the future of the society. Law as a career he said, was interesting, challenging as well as motivating.
He also mentioned that the possibilities of India being a sought after destination for Law Education were good and on the rise because of the quality of education and affordability aspect. The enhancement of infrastructure though was one area that needed to be looked after to realize these possibilities.

Legal Education – Providing The Cutting-Edge To Any Career You Choose

Not all students of law education go ahead and practice law or make law as their career. There could be quite a few reasons behind the same, either professional or personal. One of them could be this – Law is a career that starts on a modest note, meaning there is a slow start and it takes time to prosper, generally. But, once you taste success, its no looking back. Also, the competition in Law is fierce as there are umpteen lawyers churned out every year from the numerous colleges in India. Hence to cut out of the clutter, which college you’ve studied also matters a lot. Hence, pursuing your law degree from a reputed college or a top ranked colleges places you in another league as soon as you are out. Having said that, there are numerous students who study law and choose a completely different career for themselves and flourish as well. But, little do they know that it is their legal education advantage that has helped them all through. Legal education is also known to be a mind training program and as soon as you meet up a person with a law background, you are immediately able to gauge the same just from his way of reasoning and body language as well, at times.

As you become aware of the laws while studying LLB, you are more confident than ever and any issue related to law is never quite an issue for you. Be it any profession law education helps you out in many ways than one. Its also not only about the education part but the skill-sets you acquire and the attributes of it which transform you into a proactive personality eventually. Look around and you will find law professionals in practically every high flying career right from banking, journalism, finance, realty, engineering, entrepreneurship and more. What’s more even the cine world has known actors with law education as their academic qualifications.

Be it communication skills, analytical skills, presence of mind, spontaneity, etc., with Law education beside, you are all set to take the world into your stride. With a law background you definitely transform into a problem solver and are able to take leadership in whatever you do. Also, even if you do not become a full time lawyer, that knowledge base is always there to help you out of any kind of legal soup whenever you need it.

Yes, there are going to be times when people question you on studying law and not pursuing it but I am sure that you would not be influenced by what people have to generally say on your personal choices. But yes, you do need to have a genuine and convincing answer to the question when it is asked by your employers, but to get you the job you so want.

law colleges in bangalore
KLE Law College in Bangalore

Having said that, Law education is not a cake walk, it requires immense hard work and mindfulness to pursue it, patience and perseverance as well. So, if you are willing to take up Law Education, go ahead.