DAILY CURRENT AFFAIRS (14 MAY 2024)

by | May 14, 2024

LAW AND GOVERNANCE 

SUPREME COURT CLARIFIES DELAY IN POLICE SEIZURE REPORTS

 SHENTO VARGHESE VERSUS JULFIKAR HUSEN & ORS.

The Supreme Court clarified that delays in reporting seizure reports by police to magistrates won’t vitiate the seizure under Section 102(3) of Cr.P.C. It emphasized the meaning of “forthwith” and the need for reasonable interpretation based on circumstances.

  • Legal Framework: Section 102(3) of the Code of Criminal Procedure, 1973
  • Legal Provision: The court clarified that delays in reporting seizure reports by police to magistrates won’t vitiate the seizure under Section 102(3) of Cr.P.C.

Section 102(3) of the Code of Criminal Procedure, 1973

Police Seizure Protocol:

    • Deals with police powers to seize suspected property.
    • Mandates immediate reporting of seizures to the nearest magistrate.
    • Ensures transparency and accountability in the seizure process.

SourceSupreme Court of India 

SUPREME COURT EXEMPTS ADVOCATES FROM CONSUMER PROTECTION ACT

 BAR OF INDIAN LAWYERS vs. D.K.GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES

Advocates are exempted from the Consumer Protection Act for deficiency of services, distinguishing professions from businesses. The court highlighted the specialized nature of legal work and the lack of legislative intent to include professions under the Act.

  • Legal Framework: Consumer Protection Act 1986 (as re-enacted in 2019)
  • Legal Provision: The court exempted advocates from the Consumer Protection Act for deficiency of services, distinguishing professions from businesses.
  • Specialized Nature of Legal Work: The court highlighted the specialized nature of legal work and the lack of legislative intent to include professions under the Act.

Consumer Protection Act 1986:

Foundation of Consumer Rights:

    • Enacted in 1986 to protect consumers’ interests against unfair trade practices and deficient services.
    • Aimed to provide a speedy and inexpensive remedy to consumers.
    • Established Consumer Forums at district, state, and national levels for redressal of consumer grievances.
    • Covered goods and services, including deficiency in services or defective products.
    • Focused on compensation and resolution of consumer disputes through quasi-judicial bodies.

Consumer Protection Act 2019:

Modernization of Consumer Protections:

    • Enacted to replace the Consumer Protection Act 1986, enhancing consumer rights and protections.
    • Expanded the definition of consumer to include online transactions and tele-shopping.
    • Introduced provisions for product liability and penalties for misleading advertisements.
    • Established the Central Consumer Protection Authority (CCPA) for better enforcement.
    • Emphasized on mediation and alternate dispute resolution mechanisms for quicker resolution of disputes.

Source-  SCI

SUPREME COURT GRANTS BAIL TO KERALA LAWYERS ACCUSED OF RAPE

 XXX v. MJ Johnson and others

The Supreme Court granted bail to two Kerala lawyers accused of raping their client. Arrested on May 6, 2024, they were released on bail on May 13. The court ordered them to stay away from the victim and witnesses, setting aside the High Court’s anticipatory bail order.

Section 439 – Special powers of High Court or Court of Session regarding bail. This section grants special powers to the High Court or Court of Session to grant bail in cases where bail has been refused by a lower court, which aligns with the circumstances where the Supreme Court granted bail to the Kerala lawyers accused of rape.

Bail Provisions in IPC

Section 436 – Bail in Non-Bailable Offenses:

Liberty for the Accused:

    • Allows for the grant of bail to a person accused of a non-bailable offense.
    • Release granted if there are reasonable grounds to believe they are not guilty.
    • Accused must comply with bail bond conditions.

Section 437 – Bail in Certain Cases of Non-Bailable Offenses:

Conditional Release:

    • Provides conditions for bail in non-bailable offenses, except for serious crimes.
    • Allows bail for individuals under specific circumstances, such as age or health status.

Section 437A – Bail to Persons Apprehending Arrest:

Preventive Measures:

    • Allows anticipatory bail for those anticipating arrest for non-bailable offenses.
    • Court discretion in granting anticipatory bail.

Section 439 – Special Powers of High Court or Court of Session Regarding Bail:

Judicial Discretion:

    • Grants higher courts powers to override lower court decisions on bail.
    • Allows bail in most cases, except for severe offenses.

Section 440 – Amount of Bond and Reduction Thereof:

Financial Consideration:

    • Sets bail bond amount and allows for reduction by the court if necessary.

Section 441 – Bond of Accused and Sureties:

Legal Obligation:

    • Requires execution of bail bond by accused and sureties to ensure court appearance.

Section 442 – Discharge from Custody:

Freedom Post-Bail:

    • Provides for accused discharge upon bail grant.

Section 444 – Discharge of Sureties:

Release of Obligation:

    • Allows court discharge of sureties if accused violates bail conditions.

Section 445 – Deposit Instead of Recognizance:

Alternative Bail Method:

    • Permits monetary deposit as an alternative to bail bond.

Section 446 – Procedure When Bond Has Been Forfeited:

Legal Protocol:

    • Outlines procedure for bond forfeiture due to accused non-appearance.

Section 448 – Power to Direct Admission to Bail or Reduction of Bail Amount:

Judicial Authority:

    • Empowers court to direct bail admission or amount reduction during case proceedings.

Source- Supreme Court of India 

GOVERNMENT SCHEMES

INTERNSHIP SCHEME
(Ministry: Central Vigilance Commission)

Objectives:
The Internship Scheme, initiated by the Central Vigilance Commission in 2016, aims to engage Indian Nationals, particularly graduates or postgraduates in Law, IT, MBA, Social Sciences, and related fields, to supplement the Commission’s analysis processes. It seeks to provide young academic talent exposure to the Commission’s functioning while contributing to its policy formulation through empirical analysis and policy inputs.

Benefits:
Interns benefit from gaining insights into vigilance issues and enhancing their career prospects, while the Commission gains from additional resources in the form of young talent and their output.

Criteria:
Applicants must be Indian citizens enrolled in reputed universities, awaiting final year results or pursuing postgraduate or research studies. They should preferably be studying Law, IT, MBA, Social Sciences, or associated subjects.

RIGHT TO INFORMATION FELLOWSHIP
(Ministry: Department of Personnel and Training)

Objectives:
The Right to Information Fellowship scheme, under the Department of Personnel and Training, aims to promote transparency and accountability in government by offering short-term fellowships for field-based research. It intends to enhance understanding of the implementation status of the Right to Information Act, identifying successes, constraints, and potential solutions.

Benefits:
Fellows receive a stipend of ₹50,000 per month for three months, along with an additional grant of ₹50,000 for research-related expenses. The research output is expected to contribute to improved implementation of the RTI Act.

Criteria:
Applicants should be professionals in journalism, civil society, or research and training in the RTI field, aged between 25 and 40, with proven credentials and prior experience in RTI-related work, and an aptitude for research.

Source- myScheme

Also Read- DAILY CURRENT AFFAIRS (13 MAY 2024)

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

Related Posts