This article is written by Michael Shriney from the Sathyabama Institute of Science and Technology. This article gives an overview of Sharia law from an Indian point of view, including information on its history, sources and schools. It also covers the aims and objectives of Sharia law and some frequently asked questions around the same.
It has been published by Rachit Garg.
Table of Contents
Introduction
Islamic law is based on the divine and philosophic principles of Sharia. In Arabic, the term Sharia is meant to be a ‘clear, well-trodden path to the water’. It refers to the fact that the route of water is the entire way of life in a dry desert region.Sharia is a body of laws established by Muslim scholars over centuries, is viewed as an everlasting creation of God that his words are without fault and also understandable by humans. These are drafted and implemented to satisfy the interests of those in power. Sharia law in India deals with marriage, succession, inheritance, and charitable works among Muslims and is administered by the Muslim Personal Law (Shariat) Application Act of 1937. Muslims follow their religious law that establishes moral standards for their physical, mental and spiritual life. Muslims founded Sharia on the teachings of the Prophet Muhammad and the Holy book ‘Quran’. Sharia can not be altered, thus it will go on till the end of eternity. This article goes into deeper detail regarding Sharia law, specifically how it applies and is practiced in India.
Sources and schools of Sharia law
The Quran, the sacred book of Islam, as well as the Sunnah, the deeds of the prophet Mohammad and the hadith, his sayings, are the sources of Sharia law. There are various sources on how God wants Muslims to live, but there is no single law book, defined statute or defined judicial procedure to decide what Sharia law is. Sharia is a wide collection of conflicting interpretations. Such interpretations paved a way for legal schools of thought in accordance with Sharia. There are many forms of schools under Sharia, which are as follows:
Ahmad Ibn Hanbal founded the Hanbali school of thought. The Hanbali Sharia school is the smallest and most stringent of all other schools. The basic source of this school is the Quran as it is practiced in Saudi Arabia and Qatar. In these nations, it has large followers.
Malik Ibn Anas founded the Maliki school of thought. The Maliki School of Sharia is based primarily on an independent interpretation of the Quran. It is mostly founded in African regions, including the whole West African region, as well as charred Sudan and Kuwait.
Muhammad Ibn Iris Ash-Shafi’i founded the Shafi’i school of thought. The Shafi’i school of Sharia is based on a consensus on the Quran’s understanding. This school is followed by East Africa and Southeast Asia, including nations such as Somalia, Eritrea, Lower Egypt, Djibouti, Maldives, Ethiopia, Indonesia, and small populations in Malaysia.
Abu Hanifa An-nu’man founded the Hanafi school of thought. The Hanafi school is the earliest and most flexible version of Sharia, relying on both consensus and independent reasoning. The Hanafi school has the most followers, resulting in approximately one-third of Muslims worldwide. Turkey, Jordan, Lebanon, Afghanistan, Pakistan, India, and Bangladesh are the countries that follow this school.
The first four schools are Sunni, whereas the final school of thought, Ja’fari founded by Ja’far Ibn Muhammad Al-Sadiq, is classified under the Shia school. The Sharia school of Ja’fari is solely practiced by Shia Muslims. It is established in the Iranian Constitution, and there are followers in Iraq and a limited number of followers worldwide.
The five schools were founded by male theologians and jurists, who named them and interpreted them according to the Islamic scriptures.
History of Sharia law in India
Muslims view Sharia law as holy and sacred since it is a law that Allah created. It is seen as a divine word that controls and guides human behaviour. Sharia law is mainly used for family, divorce, property, marital issues, etc. It is also based on the beliefs of the Prophet Muhammad. During the lifetime of Mohammad’s period, Sharia law had some development, which was defined as Islamic jurisprudence. Prophet Muhamad tried to explain the law by interpreting provisions as per Quran verses and served as a judge in legal matters. Then he found a way of interpreting and understanding Allah’s words. In the middle of the seventh century, Muhammad died. The interpretation of Muhammad’s teachings was done by Muslim legal scholars. Then various Muslim legal scholars interpreted Sharia law after Mohammad’s death. Those scholars interpreted the law and extended it throughout the Muslim empire. Sharia law was interpreted and adapted to new lifestyles and issues. Although they did not have a particular punishment, the Muslims followed severe punishments like beheading and stoning to death if anyone committed stealing or any other offences. The principles, punishments, and elements of Sharia law were not mentioned in any of the Muslim legal books or statutes. It did not take place in any of the Sharia sources such as the Quran, Sunna, Hadith, and so on, but they enforced those punishments on Muslims who committed or went against the law, thereby reducing crime in the country. This was happening in the Muslim empire and dynasty. Sharia law became an integral part of the Muslim religion.
When Sharia law was brought into India, there was no law or statute that was constituted in India that was not stringent when compared to Sharia. The statutes in India deal with imprisonment, compensation, etc related punishments. Statutes like the Indian Penal Code, Criminal Procedure Code, Civil Procedure Code, etc provide those punishments. In India, public officials try to change offenders by giving them some strict punishment, not to harm them physically but to make them realise their mistakes and faults. Sharia law declares that there is only one God and must follow his will and laws. The Quran contains certain fundamental elements of human behaviour in what ways a Muslim has to live, pray, profess and practice their religion. Sharia law does not have a detailed legal system. Only a few verses deal with legal matters. There are no certain provisions regarding punishments that are provided under Sharia law. Sharia law was established from the elements of Jewish, Greek, Roman, Persian, and Christian Church laws. Previously, there was a monarchy Muslim empire that governed Muslims in a prescribed manner. During the Muslim Empire, the caliphs of the Umayyad dynasty, who took control of the empire in 661, expanded Islam in India. The Umayyads appointed Islamic judges, who are known as kadis. These kadis determine issues involving Muslims who are knowledgeable about the Quran and Muhammad’s teachings. The kadis handled matters in all areas of the law. Then the Umayyad dynasty was replaced by the Abbasids. Sharia reached its heights during the Abbasids. These kadis followed and continued to handle religious, family, property, and commercial legal disputes.
The Indian legal system evolved from a different legal tradition in the ancient days, which has a historical foundation to support the independent school of legal theory and practice. The treaties in India were influenced by the Arthashastra from 400 BC and Manusmriti from 100 AD, documents that were deemed authoritative legal guidance. Sharia law, which is solely applicable to people of the Muslim religion under Islamic law, was established in India. There was a gap in tradition when India became part of the British Empire. Hindu and Islamic laws were overridden by common law. Sharia laws are mainly personal laws of the Muslim religion.
Indian Constitution on Sharia law
The Constitution of India gives freedom to many things, including festivals and personal life of all religious activities. The Indian Constitution ensures freedom to practice and profess any religion. It safeguards the religious rights of members of Muslim communities. The following Articles of the Indian Constitution state the freedom to practice any religion:
According to Article 25(1) of the Indian Constitution, everyone has the right to free conscience and to freely profess, practice, and promote religion. This means that a state will make certain that there is no interference or obstacle to enjoying this freedom. The state may also impose restrictions in the interests of public order, decency, morality, health and other state purposes.
Article 14 of the Indian Constitution states that everyone is equal before the law. On Indian territory, the state cannot deny someone equality before the law or equal protection under the law. Discrimination on the basis of religion, race, caste, gender, or place of birth is prohibited. In India, citizens have equal rights to practice and profess their faith without any discrimination.
Article 26 of the Indian Constitution deals with the freedom to administer religious denominations or any section that establishes and maintains institution for religious activity and charitable purposes. It also handles its own religious affairs and owns or acquires a movable and immovable property. It can also administer such property through the use of the law.
Article 21 of the Indian Constitution states that no one shall be deprived of his life or personal liberty unless in accordance with legal processes. The right to life and the right to personal liberty are protected by the Indian Constitution.
Views of Indian Constitution on Sharia law
According to Article 26 of the Indian Constitution, Muslims have the freedom to administer their religious affairs. They can establish or maintain any institution for religious activity, including charitable purposes. They can also own and acquire movable or immovable property.
Article 25 of the Indian Constitution gives Muslims the right to practice their religions, with certain duties including marriage, contract, transfer of property, and divorce according to their religion’s legal system. Article 25(1) of the Indian Constitution states that all citizens have the right to practise their own religion.
According to Article 21 of the Indian Constitution, Muslims have the right to practice and preach their religion accordingly without any interference or restriction.
Article 14 of the Indian Constitution deals with equality before the law. Thus, Sharia law can be practiced in India like any other religion which is practiced in India. Sharia can be practiced in India as the personal laws of Muslims. They can apply Sharia laws only among Muslim people.
Note: There is no limitation on following Sharia in India, which is prohibited only during national emergencies. At a national emergency point in time, the people cannot challenge the court, claiming that a citizen’s right has been violated. This cannot be challenged as violating fundamental rights during a national emergency.
Sharia law in India
In Arabic, Muslim law is known as Sharia law, which can also be spelled ‘Shariah or Syariah’. The principles underlying the fiqh are referred to as Sharia. The term ‘fiqh’, which means ‘human understanding of Sharia,’ describes how humans interpret the law. Fiqh is the understanding of details and refers to the views obtained by scholars. The terms ‘fiqh and Sharia’ are often used, however, they don’t mean the same thing. Sharia refers to divine and infallible, while fiqh refers to changeable and arguable beliefs. Sharia law is deemed to be too stringent and its penalties are severe. The country’s legal system nowadays is heavily influenced by the British system and the pre-British period. India is a country with many diverse ethnic groups, making it impossible to bring all populations under the same set of rules. Sharia law is based on how we as humans understand the philosophy of the divine. Here, the divine is defined as God’s will for humans. In India, Sharia law is based on the Hanafi school of thinking, as well as fiqh and other schools of thought, legislation, precedent, and some juridical books that are regarded as authoritative and customary. The normal judicial system applies Muslim personal law.
Sharia law has five main versions, which differ not in the fundamentals of Islam but in their implementation. There are variances in how Muslims worship, how legal issues are resolved, how marital conflicts are settled, and how specific crimes are punished.
There are certain relevant legislations related to Sharia law such as-
Interaction of Muslim Personal law and Sharia Courts in India
The All India Muslim Personal Law Board (AIMPLB) had requested Sharia Courts to be established throughout the country. The Sharia Court is called Darul Qaza in Arabic term, which is not a court in the strict sense of the word, but it is a counselling or arbitration center. These courts are accessible, helpful, informal and voluntary organisations that offer quick and low-cost justice to the poor. Darul Qaza, which literally means ‘house of judgement,’ is a common term for the Sharia Court. An arbitration committee led by Qazi, an Islamic law scholar who serves as a judge. Darul Qaza is governed by personal law, and a personal law board runs various Darul Qaza in the country.
For example, if Muslim wishes to divorce, he or she has two options: seek remedies under lower courts or seek Sharia courts. There are lengthy procedures if that individual seeks relief from the lower courts, but if he seeks relief from the Sharia courts, he will obtain a remedy at a low or no cost and will be relieved as soon as possible. In the year 2014, Vishnu Lochan Madanv. Union of India, which is a landmark case, the Supreme Court held that Muslim women find it difficult to obtain justice in India‘s judicial system, Sharia courts are established to construct an alternative judicial system to Muslims. There are around 70 Islamic courts or Darul Qaza in India as per the 2021 study, with the majority located in Maharashtra and Uttar Pradesh. According to Pew Research study, 74% of Muslims in India support access to their religious courts for the settlement of family issues including inheritance or divorce cases.
Functions and needs of Sharia courts in India
The Indian civil justice system and the procedures of ordinary courts require several procedures to be completed. As a result, there is a demand for Sharia courts, which are an Alternative Dispute Resolution (ADR) option for Muslim people seeking speedy and low-cost resolution.
Governments are also supportive of ADR since it saves the public money. ADR is a kind of justice privatization since parties can not only choose their own judges but also create their own laws or accept laws from other nations.
Sharia courts are well-respected for their elaborate procedures for resolving issues, systematic recording of testimony, and speaking orders.
There are now around 70 Sharia courts in India that have been in operation for decades. These courts provide poor people with simple and easy justice. Some of these orders are cited with the formal courts’ consent. The majority of women go to these courts to get divorced or dissolve their marriages.
These courts have resolved over 60,000 cases successfully. The cases are resolved in less than a year. These courts never issue triple divorce/talaq and always prefer the Quranic divorce procedure. Their orders are not enforceable and lack legal sanctity, but they are entirely legal if all involved parties desire to agree with them.
These courts do not hear criminal matters and cannot force people to obey their orders. Over decades, the number of cases filed with Sharia courts has constantly increased, only in the rarest case of a Sharia court’s decision being challenged in a civil court.
According to the All India Muslim Personal Law Board (AIMPLB), at least one Sharia court for women is required. However, there are all-women Sharia courts in Mumbai that are doing a good job.
Sharia courts must address matters relating to Muslim personal law. This only relates to civil laws concerning family law, divorce, marriage, gifts, wakfs, trusts, and trust properties, as well as other charities, charitable organizations, and charitable and religious endowments.
Sharia Courts do not always require the involvement of a lawyer, and parties might argue their cases before the judge on their own. Because there is no judicial process to preside over a case, cases are heard by a single judge who makes decisions based on unwritten Sharia principles rather than legal criteria.
There are no formal and rigid court procedures. In this court, proceedings are conducted in a casual manner. The principle of contract privity is followed. The Sharia court’s decision is not legally enforceable against the parties. The parties to the dispute have the option of following or ignoring the court’s decision.
Triple talaq
In Sharia law, talaq is a type of divorce practiced by Muslims. A Muslim man could divorce his wife in accordance with Islamic custom by saying the word ‘talaq’ three times. The wife need not be present when the talaq is announced, nor does the male need to specify or give any reasons for the divorce. In the case of Shayara Bano v. Union of India (2017), the Supreme Court of India forbade triple talaq. Even after the judgement prohibiting triple talaq, this practice continued. The government then passed a Muslim Act that included penalties for males who practice triple talaq. Triple talaq will be regarded as null and void under the Muslim Women (Protection of Rights on Marriage) Act, 2019, which considered triple talaq unconstitutional and unlawful to practice. If any Muslim male engages in triple talaq, they will be sentenced to three years in prison and must pay a fine.
Shayara Bano v. Union of India, (2017)
This case is known as the triple talaq case, and it resulted in a landmark judgment by India that triple talaq is illegal. A Muslim married couple says three times talaq to dissolve their marriage, which is considered divorce in the Muslim religion by consent of both parties.
Facts of the case,
In this case, Bano, the petitioner, had been married for 15 years. Her husband suddenly divorced her without her consent by proclaiming talaq three times. Then she filed a writ petition against the Supreme Court to declare triple talaq, polygamy (men having more than one wife) and nikah-halala (remarrying her first husband), unconstitutional since they violate women’s basic rights under Articles 14, 15, and 21 of the Indian Constitution. The petitioner’s claim that these practices are illegal was supported by the Union of India and women’s rights organisations.
Issues involved
The question of whether triple talaq is constitutional arises.
Judgement of the case
The Supreme Court of India decided that triple talaq violates Article 14 and should be abolished. The Court further stated that Islamic countries have abandoned triple talaq, which is not regarded as an essential religious practice.
Difference between Sharia Court and Civil Court
Sharia Court
Civil Court
Sharia courts are solely meant for Muslims.
Civil courts are meant for all citizens of the country.
Sharia courts are similar to arbitration.
Civil courts have the most lengthy procedures for obtaining relief from subordinate courts in the hierarchy.
This court is inexpensive and accessible to low-income Muslims.
This court is expensive depending on the nature of the case.
It takes a shorter time to get relief.
It takes a longer time to get a remedy.
The court’s decision might be obeyed or ignored by the parties in the case.
The court’s decision must be followed by the parties engaged in the case.
This court follows Islamic Personal Law.
This court does not follow any religious views.
Sharia laws, it is believed, cannot be changed since they are religiously motivated.
Civil laws can be changed by lawmakers.
Conclusion
The article concludes by outlining that Sharia law should be adapted to fit the new environment. Sharia law emerged during the monarchy period. However, this does not imply that Sharia laws from the monarchy era can be applied to the modern era. Based on religious law, these laws should not affect or supersede the Indian Constitution. Muslim women are affected by Sharia law, and male dominance is arising. There are laws and courts to control Sharia laws since it is less expensive and faster to acquire a remedy than to approach a regular court with so many formalities. According to the Indian Constitution, everyone has the freedom and fundamental right to profess and practice any religion in the country, unless there is a situation of emergency or for the safety of the country. They cannot, however, threaten or force any other religion’s people to follow their religion. Sharia courts function similarly to arbitration centres in the settlement of civil problems such as family, property, marriage, and divorce cases.
Frequently asked questions (FAQs)
Is Sharia law codified in India?
In India, Muslim personal laws are not systematically codified. However, Muslim laws are only enforced in Muslim-majority areas.
Are Sharia courts legal in India?
There are 70 Sharia courts in India, however, they lack legal validity. Darul Qaza refer to Sharia courts in Arabic term.
Can a woman divorce her husband under Sharia law in India?
Yes, a woman can divorce her spouse if the husband has delegated the right to divorce her by contract. The second approach is divorce by mutual consent via the Mubaarat process.
This article is authored by Akash Krishnan, a law student from ICFAI Law School, Hyderabad. It discusses in detail the courses offered by top 25 law colleges in the country as ranked by the NIRF, eligibility criteria for admission, scholarships and placements offered by these colleges.
Have you just completed your 12th standard and are looking to make a career in law or are you a law graduate looking to pursue an LL.M in India or are you a student who is currently pursuing graduation in law? If you fall under any of the aforesaid categories, you have come to the right place. Out of the hundreds of law universities in the country, this article curates and discusses in detail the features of the top 25 law colleges in the country, the undergraduate, postgraduate, diplomas and certificate courses they offer, the fee structure and scholarships offered by the colleges and finally, the placements offered by them.
Every year, the National Institutional Ranking Framework (NIRF) publishes rankings of universities across the country based on teaching and learning resources, research and professional practice, graduation outcomes, outreach and inclusivity and peer perception. This article is based on the 2022 NIRF rankings of law universities. The following universities have been listed in order of their ranking under the same.
National Law School of India University (NLSIU), Bengaluru
About the college
The National Law School of India University was the first ever national law university that was established in the country and its establishment goes back to the year 1986. It was the first university in the country to introduce the 5-year integrated law course in the year 1988. Over the years, it has transformed into the best when it comes to imparting legal education. They credit their success to the strong coordination between their faculty, the Bar Council, the state judiciary, and the government of Karnataka. To further substantiate its supremacy in the field of legal education, it has maintained its No-1 NIRF ranking among law colleges in the country continuously for the past 5 years.
Courses offered
5-year B.A., LL.B. (Hons.)
The most sought-after course this university offers is the undergraduate 5-year B.A. LL.B (Hons) course. Admission to this program is highly competitive and students have to write the Common Law Admission Test for Undergraduate students(CLAT UG) that is organised every year and only the top performers get a chance to be part of this course. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, Other Backward Classes (OBC) or Persons With Disability (PWD) category and at least 40% marks if he belongs to the Scheduled Caste (SC) or Scheduled Tribe (ST) category. Apart from this, attempting CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt CLAT UG to secure admissions to the university provided they secure the minimum marks as stipulated. Most importantly, any individual irrespective of their age can seek admission to this course.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is 180 students. This number is subject to change based on the policies of the university. Also, there is a reservation of seats for the students falling under multiple categories and also a special reservation of 25% for Karnataka domiciled students.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course, provided they have appeared for the CLAT UG examination. Such students will be admitted based on their academic records (at least 45% marks in 12th standard final examinations) and CLAT scores. It is mandatory that these students should have had English as a compulsory subject in their 12th standard.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly tuition fee stands at ₹2,21,590. This is in exclusion of the admission fee of ₹10,000, hostel fee of ₹36,650, mess fee of ₹43,575 and refundable deposits of ₹16,000 and ₹12,000 for general and SC/ST categories respectively.
3-year LL.B. (Hons.)
This is a new course that has been launched by the university in 2022. Any individual who has graduated from any stream can apply for this course. The qualifying exam herein is the National level test conducted by the university, i.e., the National Law School Admissions Test (NLSAT). Let us now look at some other important admission criteria.
Eligibility
The student should have completed his graduation with at least 45% marks if he belongs to the General, OBC, or PWD categories and at least 40% marks if he belongs to the SC or ST category. Appearing in NLSAT is mandatory. Successful candidates will be then subject to a personal interview. The consolidated marks of the examination and the interview will be used for determining admission into the course.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 60 students. This number is subject to change based on the policies of the university. The reservations herein are identical to the B.A., LL.B course as discussed above.
Fee structure
The fee structure is also identical to the B.A., LL.B course as discussed above and amounts to ₹3,27,815.00 per annum for the general category and ₹3,23,815.00 per annum for SC/ST category.
The university offers three types of financial aid to students. Firstly, the university itself provides merit-based scholarships to its students irrespective of the course in which the student is enrolled. Secondly, the university offers external scholarships that are funded by third parties based on merit and lastly, it provides the students with the details of multiple national-level scholarships and facilitates their application process for the same. The university has also collaborated with Payed and Punjab National Bank to facilitate short-term and long-term education loans to the students.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at 15 lakhs per annum and the average package for the students enrolled in the PG program stands at 6 lakhs per annum. The premium law firms of the country take part in the recruitment process at this university. This includes the likes of Cyril Amarchand Mangaldas, Shardul Amarchand Mangaldas, Trilegal, AZB Partners, Khaitan, Luthra and Luthra, etc. Companies like Bajaj Allianz, Reliance, ICICI Bank, Tata Motors, etc. also take part in the recruitment process. Also, the Big 6, i.e., the likes of Ernst & Young, Deloitte, KPMG, etc., are also known to recruit students from this university. There is also a scope for students to be placed in foreign law firms.
National Law University, Delhi
About the college
This is one of the most revered universities in the national capital. The National Law University, Delhi aims at imparting interdisciplinary education that can help law students find their place in the practical world. It also aims at spreading legal awareness within and beyond the legal community and imbibing the principles of social and economic justice in its students.
With the vision of making legal education an instrument of social, political and economic change, the university aims to train its students to uphold the principles under the Constitution at all times. These practices have led to the university being ranked 2nd for the 5th year in a row in the NIRF 2022 rankings.
Courses offered
5-year B.A., LL.B. (Hons.)
The only undergraduate course this university offers is the 5-year B.A. LL.B (Hons) course. Admission to this program is highly competitive and students have to appear in the All India Law Entrance Test (AILET) that is organised every year by the university itself. It does not consider the scores secured in CLAT UG or any other examination for admission purposes. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, OBC or PWD category and at least 40% marks if he belongs to the SC or ST category. Apart from this, appearing in the AILET is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the AILET to secure admissions to the university provided they secure the minimum marks as stipulated.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is 123 students. This number is subject to change based on the policies of the university. Also, there is a reservation of seats for the students falling under multiple categories with a total of 60 seats being reserved for the SC, ST, OBC and EWS categories. There is also a special reservation for Kashmiri migrants, the residents of Jammu and Kashmir, and international students.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course. However, appearing in the AILET is not a mandatory requirement and they can directly apply to the university for admission. Such students will be admitted based on their academic records (at least 65% marks in 12th standard final examinations).
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly tuition fee stands at ₹85,000 for Indian nationals and $10,000 for international students. This fee is in exclusion of other charges like admission fees, campus development charges, moot court fees, mess and hostel charges, etc, that add up to an additional sum of ₹83,000 per annum.
One-year LL.M Programme
The university also offers a one-year master’s programme in 5 different specialisations, i.e., constitutional law and environmental law, constitutional law and criminal law, human rights and humanitarian law, personal laws and business laws.
Eligibility
The student should have completed his law graduation with at least 45% of marks if he belongs to the SC or ST category and at least 50% marks for the rest. For enrolling in this course, students have to appear in the AILET examination conducted by the college. International students are also eligible and they can apply directly to the college and are waived the obligation to appear in the AILET. They need to have secured at least 50% marks in law and their bachelor of laws degree.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 81 students. This number is subject to change based on the policies of the university. Also, there is a reservation of seats for the students falling under multiple categories with a total of 38 seats being reserved for the SC, ST, OBC and EWS categories. There is also a special reservation for Kashmiri migrants, the residents of Jammu and Kashmir and international students.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly tuition fee stands at ₹1,00,000 for Indian nationals and $10,000 for international students. This fee is in exclusion of other charges like admission fees, campus development charges, moot court fees, mess and hostel charges, etc, that add up to an additional sum of ₹38,000 per annum.
In terms of scholarship schemes, the university has 12 different scholarship schemes on offer. Some of these scholarship schemes cover the entire educational expenses of the student. A detailed list and eligibility criteria for the scholarships can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at 18 lakhs per annum and the average package for the students enrolled in the PG program stands at 9 lakhs per annum. The premium law firms of the country take part in the recruitment process at this university. This includes the likes of Cyril Amarchand Mangaldas, Shardul Amarchand Mangaldas, Trilegal, AZB Partners, Khaitan, etc. Companies like OYO, Steel Authority of India, BALCO, etc. also take part in the recruitment process. International law firms, commonly referred to as the magic circle law firms that include the likes of Allen and Overy, Clifford Chance, Linklaters, etc, also recruit students during campus placement drives.
Symbiosis Law School, Pune
About the college
The Symbiosis Law School, Pune has been ranked 3rd in the 2022 NIRF rankings. This also makes it the highest-ranking private law college in the country. Established in the year 1977, it was associated with the University of Pune before it became part of the Symbiosis International Universities in the year 2002. In 2013, it was awarded the Gold-Star award for the quality of legal education by the Bar Council of India. It is also part of the Erasmus Mundus Consortium of Global Law Colleges. Further, the Ministry of Social Welfare of the Government of India has authorised the college to provide scholarships to SC and ST students.
Course offered
5-year B.A., LL.B. (Hons.) and B.B.A., LL.B. (Hons.)
These are the two undergraduate integrated courses that are offered to students wanting to pursue law. Admission into these courses is highly competitive. However, this college does not take into account the marks secured by the students in CLAT UG and conducts its own entrance exams, i.e., the Symbiosis Law Admission Test (SLAT) for admitting students into this course. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 40% of marks if he belongs to the SC or ST category and at least 45% marks for the rest. Apart from this attempting CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt SLAT to secure admissions to the university provided they secure the minimum marks as stipulated. Based on the merit list of SLAT, students have to undergo an online Writing Ability Test (WAT) and a personal interview before confirming their admission into the course.
Intake and reservation
The total intake for the academic year 2022-23 was limited to 300 students with 180 seats for BB.A-LL.B (Hons.) and 120 seats for B.A-LL.B (Hons.). Also, some percentage of seats are reserved for the students of the SC category (15%), ST category (7.5%), PWD category (3%) and children of defence personnel (5%). Apart from these, 2 seats are reserved for Kashmiri migrants, if any and 15% of seats are reserved for foreign nationals.
Fee structure
The course fee for both the courses is the same and stands at ₹3,80,000 per annum for Indian students and ₹5,70,000 per annum for foreign nationals. Also, at the time of admission, a ₹20,000 refundable deposit has to be made by both Indian and foreign students. The fee structure is subject to change as per the policies of the college.
One-year LL.M Programme
The university also offers a one-year master’s programme in the areas of business law, IPR, Constitutional law, Criminal law, Human Rights, Family law, International law and Law, Policy and Good Governance.
Eligibility
The student should have completed his law graduation with at least 45% of marks if he belongs to the SC or ST category and at least 50% marks for the rest. For enrolling in this course, students have to appear in the All India Admission Test (AIAT) conducted by the college.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 80 students. This number is subject to change based on the policies of the university. The reservations herein are identical to the B.A.-LL.B and BB.A-LL.B courses as discussed above.
Fee structure
The course fee for the courses stands at ₹1,70,000 per annum for Indian students and ₹2,55,000 per annum for foreign nationals. Also, at the time of admission, a ₹10,000 refundable deposit has to be made by both Indian and foreign students.
Other courses
Apart from the aforesaid course, the institute also offers a 3-year LL.B programme that has an intake of 60 students. Students have to appear for the AIAT to secure admission in this course. It also offers a one-year Diploma course in International Business Law and Corporate laws of India. Further, a PhD programme is also on offer for which students have to appear in the PhD. Entrance Test (PET) that is conducted by the college.
Scholarships
The college has various scholarship schemes for students pursuing both UG and PG degrees. These scholarships are awarded for the performance of students in the entrance exam and also to some specific categories of students, i.e., students from the North-East region, Students who are domiciled residents of Nagpur, and girl students from adopted villages, et. During the course, students can receive scholarships based on their rank in the semester exams and also for their performances in sports. The college has also partnered with multiple banks including the likes of Bank of Maharashtra, Bank of Baroda, Bank of India, etc, to provide educational loans to the students at concessional rates.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at 11 lakhs per annum and the average package for the students enrolled in the PG program stands at 6 lakhs per annum. As per the placement report of the 2020-21 batch, 58% of the students were placed in law firms followed by 27% of the students being placed in companies. 7% of students were also placed in banks. Top companies who recruit from the college include the likes of Bajaj Alliance, CIPLA, Wipro, Bharati Airtel, Aditya Birla Group, Coco-Cola, etc. Law firms like Luthra and Luthra, AZB Partners, Crawford Bayley & Co, Tatva Legal, etc, recruit students from this college. A few of the Big 6 like Deloitte and Ernst & Young and Multiple banks like ICICI, HDFC and Indusland bank also take part in the recruitment process.
National Academy of Legal Studies and Research (NALSAR)
About the college
The National Academy of Legal Studies and Research (NALSAR) is one of the very few colleges in the country that was established through a statute. The institute aims at educating and training law students in such a manner that they protect and uphold the rule of law in the country and contribute to the development of legal culture in the country. Situated in Hyderabad, this university is one of the dream colleges for students wishing to pursue law and has been ranked 4th in the 2022 NIRF ratings. Apart from the quality of legal education, the college was also recently in the news for creating the first-ever gender-neutral campus by creating spaces, including hostel wings for students who recognised themselves to be part of the LGBTQ+ community. With specialised faculty and a lush green campus spreading over 55 acres, this university has been at the centre of attention for law students countrywide.
Courses offered
5-year B.A., LL.B. (Hons.)
The undergraduate 5-year B.A. LL.B (Hons) course offered by this organisation is highly competitive and goes beyond the industry standards. Students are assigned tasks of conducting live interviews, creating moot problems, drafting petitions, etc, to provide them with a wholesome approach to the practical world. To secure admission into this program, students have to appear in the CLAT UG examination that is organised every year and only the top performers get a chance to be part of this course. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, OBC or PWD category and at least 40% marks if he belongs to the SC or ST category. Apart from this, attempting CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt CLAT UG to secure admissions to the university provided they secure the minimum marks as stipulated. Most importantly, any individual irrespective of their age can seek admission to this course.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is 108 students. This number is subject to change based on the policies of the university. Also, there is a reservation of seats for the students falling under multiple categories and also a special reservation of 20% for Telangana domiciled students. It also has a 30% reservation for female students.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course by making an application in this regard directly to the university. Appearing and qualifying for the CLAT UG examination is not a necessity. However, the student has to maintain a minimum score of at least 45% marks in his 12th standard final examination. A total of 15 seats are reserved for international students.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly tuition fee stands at ₹1,45,000. This is in exclusion of the academic fee of ₹15,000, hostel and mess fee of ₹67,000, and a refundable deposit of ₹10,000.
One-year LL.M Programme
The university also offers a one-year LL.M programme. There are two variants of this program that the students can opt from, i.e., the general LL.M programs that cover all areas of law in general and the specialised LL.M program wherein the students can opt from a series of specialisations like Corporate law, IPR, Legal Pedagogy and Research, Personal laws, Criminal laws, Public law and Legal Theory and International Trade laws.
Eligibility
The student should have completed his law graduation with at least 45% of marks if he belongs to the SC or ST category and at least 50% marks for the rest. For enrolling in this course, students have to appear in the CLAT PG examination that is conducted by the Consortium once every year.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 50 students. This number is subject to change based on the policies of the university. Out of these 50 seats, 15% and 7.5% seats are reserved for students of SC and ST categories respectively, 10 seats are reserved for domiciled students of Telangana and 2 seats are reserved for the PWD category.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course by making an application in this regard directly to the university, provided he has completed his graduation in law. Appearing and qualifying in the CLAT PG examination is not a necessity. A total of 10 seats are reserved for international students.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly tuition fee stands at ₹65,000. This is in exclusion of the academic fee of ₹13,000, hostel and mess fee of ₹67,000, a one-time payment of ₹10,000, and a refundable deposit of ₹20,000.
Other courses
Apart from the aforesaid legal course, the university offers a broad range of one-year advanced diploma courses that students can enrol in parallelly while pursuing their graduation. This includes subjects like Cyber laws, Humanitarian law, Aviation, Taxation, Maritime laws, etc. Also, it provides exclusive two-year M.A courses for graduates in Aviation laws, Defence laws, Space law, Maritime law, Criminal law, International taxation and Animal protection law. These courses are distance-based courses.
Scholarships
The university has introduced its own financial aid policy under which students can seek scholarships based on their merit. To apply for these scholarships, the annual income of the parents should be less than ₹8 lakhs and the student should maintain a minimum CGPA throughout the tenure of the course. The detailed scholarship regulations can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at 16 lakhs per annum and the average package for the students enrolled in the PG program stands at 8 lakhs per annum. The premium law firms of the country take part in the recruitment process at this university. This includes the likes of Cyril Amarchand Mangaldas, Shardul Amarchand Mangaldas, J. Sagar Associates, AZB Partners, Khaitan, Luthra and Luthra, etc. Companies like Bajaj Allianz, IIfco Tokio, Future Generali, etc. also take part in the recruitment process. Also, the Big 6 and multiple PSUs recruit from this university on a regular basis. There is also a scope for students to be placed in foreign law firms.
The West Bengal National University of Juridical Sciences (NUJS)
The West Bengal National University of Juridical Sciences was established in Kolkata in the year 1999. It was granted a permanent affiliation with the Bar Council of India in 2005. Although it was established in 1999, the present campus only came to life in 2002. The position of the Chancellor of this university is reserved for the serving Chief Justice of India.
Over time, it has lived up to the reputation of being one of the best law schools in the country and has been ranked 5th in the 2022 NIRF rankings. The university has a state-of-the-art library, online databases, and IT labs that are accessible to students at all times. Apart from Indian students, the courses offered by this university have attracted students from over 17 countries to date.
Courses offered
5-year B.A., LL.B. (Hons.)
The undergraduate 5-year B.A. LL.B (Hons) course on offer is the only UG course that is offered by this college and to secure admission into this program, students have to appear in the CLAT UG examination that is organised every year by the Consortium of NLUs and in terms of the popularity of this course, it is third most sought after course after the likes of the UG degrees offered by NLSIU and NALSAR. Let us now look at some other important admission criteria.
Eligibility
The student should have obtained the minimum passing marks in his class 12th final examinations. Apart from this, attempting CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt CLAT UG to secure admissions to the university provided they secure the minimum passing marks as stipulated. This university accepts students of all ages.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 130 students. This number is subject to change based on the policies of the university. Also, there is a reservation of seats for the students falling under multiple categories. Also, 41 seats are reserved for West Bengal domiciled students. There are also 20 seats reserved for students who are sponsored by NRI.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course, provided they have appeared for the CLAT UG examination. Such students will be admitted based on their academic records and CLAT scores. A total of 2 seats are reserved for them in the university.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly tuition fee stands at ₹73,200. This coupled with other forms of fees collected by the university takes the total sum to ₹1,96,200 per annum. In the case of international students, the tuition fee stands at $5000. The rest of the fee structure remains the same.
One-year LL.M Programme
The university also offers a one-year LL.M programme. There are 3 LL.M specialisations offered by this university in the fields of Corporate and Commercial law, International and Comparative law and Criminal and Security law.
Eligibility
The student should have completed his graduation in law and should have secured minimum qualifying marks. For enrolling in this course, students have to appear in the CLAT PG examination that is conducted by the Consortium once every year.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 85 students. This number is subject to change based on the policies of the university. Out of these 85 seats, a total of 15 and 6 seats are reserved for students of SC and ST categories respectively, 6 seats are reserved for the OBC category, 4 seats are reserved for the PWD category, and 29 seats are reserved for domiciled students of West Bengal.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course by appearing in the CLAT PG examination, provided he has completed his graduation in law and has obtained minimum passing marks. A total of 2 seats are reserved for international students.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly tuition fee stands at ₹34,000. This coupled with other forms of fees collected by the university takes the total sum to ₹1,45,000 per annum. In the case of international students, the tuition fee stands at $1,500. The rest of the fee structure remains the same.
Other courses
Apart from the UG and PG courses mentioned above, the university offers an M.Phil programme, a PhD programme and an LL.D programme. Coming to certificate courses, it also offers a 3-month online certificate course in Business and Commercial laws. It also offers a virtual course on Criminal law occasionally.
Scholarships
The university offers a merit-based scholarship to all students who maintain a prescribed grade point. Apart from this, the university helps the students to get external third-party scholarships by providing them with information and the means to apply for and secure such scholarships. These include the Swami Vivekananda merit-cum-means Scholarship, Aditya Birla Scholarship and multiple National Level Scholarships as well.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹15,50,000 per annum and the average package for the students enrolled in the PG program stands at ₹7,00,000 per annum. In 2021, it recorded the highest package of 22 lakhs being awarded to one of its students. Law firms like Cyril Amarchand Mangaldas, AZB Partners, Trilegal, Bharucha & Partners, Khaitan, etc. visit the campus for recruitment. Coming to corporate houses, companies like the ITC Limited, Tata AIG, Gas Authority of India Limited, ICICI Bank, etc, recruit students during campus placements.
Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur
About the college
Long gone are the days when being an IITian was reserved for students who wanted to pursue engineering. The Rajiv Gandhi School of Intellectual Property is a one-of-a-kind law school that is run by IIT Kharagpur in the state of West Bengal. The law school was established in 2006 with an aim of creating a techno-centric law school. Thus, to date, IPR is the only subject that is being taught in this college and yet, the quality of legal education being imparted by this college has brought it to the 6th position in the NIRF law school rankings of 2022.
Apart from focusing on the theoretical aspects of law, this college believes in providing its students with interdisciplinary strength. In furtherance of the same, it conducts multiple workshops, clinical courses, and moot courts from time to time. However, it does not offer an integrated 5-year course. It only offers a 3-year LL.B course with IPR (Hons.) and an LL.M with specialisation in IPR. So if you are looking to specialise in IPR post your graduation and learn from specialist faculties in this area of law, this is the best college you could opt for.
Courses offered
3-year LL.B. (Hons.)
The 3-year LL. Hons course offered by this college comes with a specialisation in Intellectual Property Rights. Students do not get the option to choose any other elective as their Hons. subject. Only graduates can apply to secure admission to this course.
Eligibility
Any individual who wants to enrol in this course has to satisfy any one of the following eligibility conditions:
Bachelor’s degree in engineering or technology or medicine or any other equivalent degree.
Masters’ degree in science or pharmacy or any other equivalent degree.
An MBA degree along with a bachelor’s or master’s degree in the aforesaid areas.
It is mandatory that the student has passed the aforesaid courses with at least first class marks, i.e., 60% marks or 6.5 CGPA, whichever is applicable.
Application procedure
Students who want to pursue this course can apply online by clicking here. Students belonging to the SC, ST, OBC or PWD categories have to upload a certificate regarding the same along with the application. Also, the degree certificates have to be uploaded on the portal. The application fee stands at ₹3,000 for male students of general and OBC categories and at ₹1,500 for all other students.
Examination details
The selection for this course is conducted in two stages. The first stage is a computer-based test consisting of MCQ questions. The syllabus of this examination includes math, science, English, logical reasoning and legal aptitude. Any candidate who secures 35% marks in this examination will be selected for the second stage, i.e., the personal interview round. The weightage for both stages stands at 70% and 30% respectively.
Fee structure
The current fees for this course stand at ₹55,750 per semester along with any other additional charges that may be applicable.
One-year LL.M Programme
The one-year LL.M programme offered by this college is restricted to the specialisation in intellectual property rights. However, they are planning to introduce a specialisation in international law as well in the near future.
Eligibility
The students seeking admission to this program should possess a 3-year LL.B degree that is received after the completion of graduation in the areas of humanities, science, commerce or any other equivalent areas. Students who possess a 5-year integrated bachelor’s degree in law are also eligible.
It is mandatory that the student has passed the aforesaid courses with at least first class marks, i.e., 60% marks or 6.5 CGPA, whichever is applicable. Final year students who are pursuing LL.B from the college, having a CGPA of 8.5 or higher are directly eligible for admission into the course without any examination.
Application procedure
The application procedure for this course is identical to the procedure discussed above for the 3-year LL.B (Hons.) course.
Examination details
The selection for this course is conducted in two stages. The first stage is a computer-based test consisting of MCQ questions. The syllabus of this examination is based on the syllabus of LL.B. Any candidate who secures 35% marks in this examination will be selected for the second stage, i.e., the personal interview. The weightage for both stages stands at 70% and 30% respectively.
Fee structure
The current fees for this course stand at ₹75,750 per semester along with any other additional charges that may be applicable.
The establishment of the Faculty of Law at Jamia Millia Islamia University dates back to 1989. Initially, the college only offered a 3-year bachelor in law programme. With time, with the intent of equipping their students with the state of the art legal education, they introduced the 5-year integrated B.A-LL.B course in the year 2002, a 2-year post-graduate program in areas of personal laws, corporate laws and criminal laws. A PhD program was also introduced in the same year.
Apart from legal education, the institution focuses on imparting practical knowledge to the students. In furtherance of the same, it has established a legal services clinic through which students extend legal aid to others. Several students have also undergone training as para-legal volunteers under the National Legal Services Authority. Intra-college and National level moot courts are organised from time to time along with national seminars and conferences for the development of the students. All these attributes have resulted in ranking 7th in the 2022 NIRF law school rankings.
Application procedure
Applications for all the courses are to be submitted online at the website of the university. The application fee for admission into the faculty of law is ₹700 and has to be paid online. The application procedure is divided into two stages. Firstly, the student will have to log on to the website and create his profile. Thereafter, in stage two, the student will have to choose the course that he wants to opt for and pay the application fee.
Courses offered
5-year B.A., LL.B. (Hons.)
There are two types of this integrated course that is offered by this university to its undergraduate students, i.e., some students can opt for a subsidised cost based on their economic condition while others can opt for a self-financed course. Students who wish to secure their admission in this program have to appear in the Jamia Millia Islamia entrance examination that is conducted every year. Let us now look at some other important admission criteria.
Eligibility
The student should have obtained at least 50% or above marks in his class 12th final examinations. Apart from this, appearing in the university entrance examination is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to appear in this examination to secure admissions to the university provided they secure the minimum passing marks as stipulated.
Examination details
The university conducts its own entrance exam for admission to its undergraduate and postgraduate courses. It is an offline examination. For undergraduate students, the syllabus includes the concepts of legal aptitude, English language, current affairs, elementary math and general studies. Centres for this examination are present in multiple states including Delhi, Kerala, Uttar Pradesh, Assam, etc.
Intake and reservation
The intake of both the courses taken together is limited to 60 students. The university has several seats that are reserved for special categories of students. This includes a 30% reservation for Muslim applicants, 10% reservation each for women Muslims and OBCs or STs who are Muslims, 5% reservation for the PWD category, and 5% reservation for those students who had completed their intermediate education in the schools run by Jamia Millia Islamia.
Fee structure
The fees for the university subsided course stands at ₹10,400 per annum and the fee for the self-financed course stands at ₹40,500 per annum.
Two-year LL.M Programme
The university offers two types of LL.M programmes. Firstly, it offers a Regular LL.M wherein students can opt to specialise in Corporate law, Criminal law or Personal law. Secondly, it offers an Executive LL.M with a special focus on Comparative law and Legal Process. This course focuses on all streams of law and qualifies as a general LL.M degree. Both these courses are divided into two parts and students can opt either for a subsidised cost based on their economic condition or for a self-financed course.
Eligibility
The students should have completed their graduation in law with a minimum of 50% marks. Apart from this, appearing in the Jamia Millia Islamia entrance examination is a mandatory requirement.
Application procedure
The application procedure is identical to the procedure discussed above for the undergraduate course.
Examination details
For postgraduate students, the syllabus includes the portion covered in the bachelor of laws degree. Examination centres remain the same as discussed above.
Intake and reservation
Both the LL.M courses have a limited intake of 30 students each. In the Regular LL.M course, the seats are equally distributed between the three specialisations, i.e., 10 seats per specialisation. The reservation criterion is the same as discussed for undergraduate students.
Fee structure
The fees for the university subsided course stands at ₹8,700 per annum and the fee for the self-financed course stands at ₹62,500 per annum.
Other courses
Apart from the courses discussed above, the university offers a PhD programme in law, and postgraduate diplomas in two subjects, i.e., Labour law and Air & Space law.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹4,80,000 per annum and the average package for the students enrolled in the PG program stands at ₹5,40,000 per annum. The university is usually visited by advocates who practice in the High Court or Supreme Court of India and includes the likes of AOR Ashok Kumar, AOR Fuzail Ahmad Ayyubi, Senior Advocate Harish Salve, AOR Harris Beeran, Advocate Tariq Siddiqui, etc. A few law firms also visit the campus for recruitment and this includes the likes of Karanjawala & Company, Lex Meridian, Lex Alliance, Vaish Associates, Link Legal India Law Services, Singhania & Partners LLP, etc.
Apart from imparting legal education, this university has a lush green campus of over 50 acres and it encourages the principles of sustainability among the students and promotes a green lifestyle within the campus. Although it was established in 2003, it only became functional in 2004 and with time, it became the hub of moot court and legal aid clinic activities. All these things have culminated in it being ranked 8th by the NIRF 2022 law school rankings.
This university offers 5 different undergraduate courses. Admission to this program is highly competitive and students have to appear in the CLAT UG examination that is organised every year by the Consortium. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, OBC or PWD category and at least 40% marks if he belongs to the SC or ST category. Apart from this, appearing in the CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the CLAT UG to secure admissions to the university provided they secure the minimum marks as stipulated.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is 198 students. This number is subject to change based on the policies of the university. Also, there is a reservation of seats for the students falling under multiple categories with a total of 108 seats being reserved for the SC, ST, OBC and EWS categories. There is also a special reservation for the residents of Jammu and Kashmir (2 seats), the residents of northeast India (5 seats) and a sports quota reservation (4 seats).
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course. However, appearing in the CLAT UG is not a mandatory requirement and they can directly apply to the university for admission by filling the ‘expression of interest’ form that is available on the website during the time of admissions. Such students will be admitted based on their academic records, i.e., at least 50% marks in the 12th standard final examinations.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly fee stands at ₹1,70,000. This fee is inclusive of other charges like admission fees, campus development charges, moot court fees, mess and hostel charges, etc.
One-year LL.M Programme
The university also offers a one-year master’s programme in 8 different specialisations, i.e., Corporate laws, International law, IPR, Constitutional and Administrative law, Criminal law, Sports law, the law of Public Policy & Governance, and Maritime laws.
Eligibility
The student should have completed his law graduation with at least 45% of marks if he belongs to the SC or ST category and at least 50% marks for the rest. For enrolling in this course, students have to appear in the CLAT PG examination conducted by the Consortium. International students are also eligible and they can apply directly to the college and are waived from the obligation to appear in the CLAT PG examination. They need to have secured at least 50% marks in their bachelor of laws degree.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is 66 students. This number is subject to change based on the policies of the university. Also, there is a reservation of seats for the students falling under multiple categories with a total of 33 seats being reserved for the SC, ST, OBC and EWS categories. There is also a special reservation for the residents of Jammu and Kashmir (1 seat), and the residents of north-east India (2 seats). 2 seats are also reserved for foreign nationals.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly fee stands at ₹1,52,000. This fee is inclusive of other charges like admission fees, campus development charges, moot court fees, mess and hostel charges, etc.
Other courses
Apart from the aforesaid courses, the university also offers post-graduate diplomas in Biotechnology law and policy and Intellectual Property Rights. It also offers a certificate course on financial market laws in association with the International Financial Services Centres Authority. It also has a PhD programme for research scholars.
Scholarships
In total, the university offers 10 different scholarships to students. These scholarships are awarded to SC students who rank the highest in merit, students who participate in national and international competitions, students who undertake the best research, students who secure international internships, etc. A detailed list of all available scholarships and their eligibility criterion can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹14,00,000 per annum and the average package for the students enrolled in the PG program stands at ₹3,60,000 per annum. Law firms like Cyril Amarchand Mangaldas, Shardul Amarchand Mangaldas, Khaitan & Co., Kangna & Company. J.Sagar Associates, IndusLaw, etc. visit the campus for recruitment. London-based law firm Linklaters is also known to recruit students from this university during their campus recruitment drives.
Siksha `O` Anusandhan University, Odisha
The Siksha ‘O’ Anusandhan University was established in the year 2007 in the city of Bhubaneswar, Odisha. Although the university is still new, it has found its way into the area of imparting quality education. It has been accredited with a NAAC A++ grade and has also been ranked among the QS and World university rankings. It also ranked 3rd in the list of clean campuses in the country.
Apart from accepting the scores under CLAT UG and the Law School Admission Test (LSAT), the university conducts its own entrance exam for admitting students as well. An outcome-based education curriculum coupled with project-based learning and other achievements has resulted in the university being ranked 9th under the 2022 NIRF law university rankings.
Courses offered
5-year B.A., LL.B. (Hons.) and 5-year B.B.A-LL.B (Hons.)
This university offers both 5 years of integrated BA-LLB and BBA-LLB courses. Students are admitted to this program through the marks secured in the CLAT or LSAT. Students may choose to appear for the SOA Admission Test (SAAT) for admission instead of the CLAT UG or LSAT. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks. However, this is further relaxed to 40% marks for SC and ST category students and to 40% for OBC students. Apart from this, appearing in either CLAT UG, LSAT or SAAT is a mandatory requirement. Even if the students have appeared in CLAT UG or LSAT, filling out the application form for SAAT is a necessity. Students who are yet to appear in the class 12th final examinations are also allowed to attempt SAAT for securing admissions to the university provided they secure the minimum marks as stipulated.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly tuition fee stands at ₹1,25,000. This hostel fee ranges from ₹50,000 to ₹1,20,000 per annum based on the type of occupancy being opted for by the student and the mess fee is ₹35,000 per annum.
One-year LL.M Programme
The university also offers a one-year master’s programme with a specialisation in corporate and commercial laws.
Eligibility
The student should have completed his bachelor of laws with at least 45% of marks. However, this is further relaxed to 40% marks for SC and ST category students and to 40% for OBC students. Apart from this, appearing in either CLAT PG, LSAT or SAAT is a mandatory requirement. Even if the students have appeared in CLAT UG or LSAT, filling out the application form for SAAT is a necessity. Students who are yet to appear in the final semester examinations of their graduation are also allowed to attempt SAAT for securing admissions to the university provided they secure the minimum marks as stipulated.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly fee stands at ₹1,25,000. The mess and hostel fee is the same as discussed above.
Other courses
Apart from the aforesaid courses, the university also offers a 3-year LL.B (Hons.) degree with a program fee of ₹95,000 per annum.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹5,40,000 per annum and the average package for the students enrolled in the PG program stands at ₹4,80,000 per annum. Corporates, law firms and multiple litigation chambers visit the university for campus recruitments.
National Law University, Jodhpur (NLUJ)
About the college
The National Law University Jodhpur (NLUJ) is situated in the state of Rajasthan and has been listed time and again among the top law schools in the country. Established in 1999, the university is known for pushing boundaries and overcoming challenges in the area of legal education, research and development. The graduates from this university have the reputation of securing scholarships in leading law colleges like Oxford, Yale, Harvard, etc, for their post graduation.
Apart from this, it has a dynamic faculty that guides the students in all matters and it also receives visiting faculties from international colleges like Harward and Max Planck who guide the students in their research assignments. The experienced faculty and the knowledge-hungry students have contributed to the success of this university which has resulted in it being ranked 10th in the 2022 NIRF law university rankings.
Courses offered
5-year B.A., LL.B. (Hons.) and B.B.A-LL.B (Hons.)
This university offers 2 different undergraduate courses. It also allows the students to choose from a variety of honours electives. This includes Constitutional law, Business law, International law, Trade law, IPR and Criminal law. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, OBC or PWD category and at least 40% marks if he belongs to the SC or ST category. Apart from this, appearing in the CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the CLAT UG to secure admissions to the university provided they secure the minimum marks as stipulated.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is 120 students. This number is subject to change based on the policies of the university. Also, 15% of seats are reserved for the SC category, 7.5% of seats are reserved for the ST category and 5% of seats are reserved for the PWD category. There is also a special reservation for NRI/NRI sponsored students with a total of 16 seats being allocated to them.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly fee stands at ₹1,44,000 for Indian students and ₹3,92,00 for NRI/NRI sponsored students. This fee is inclusive of other charges like student welfare fees, gym fees, moot court fees, mess and hostel charges, etc.
One-year LL.M Programme
The university also offers a one-year master’s programme in 2 different specialisations, i.e., IPR and technology laws and corporate laws.
Eligibility
The student should have completed his law graduation with at least 45% of marks if he belongs to the SC or ST category and at least 50% marks for the rest. For enrolling in this course, students have to appear in the CLAT PG examination conducted by the Consortium.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 50 students. This number is subject to change based on the policies of the university. The reservation of seats is the same as discussed above for the undergraduate courses. However, there is no reservation for NRI/NRI-sponsored students.
Fee structure
As per the current fee structure for students getting enrolled in this course, the yearly fee stands at ₹1,14,000. This fee is inclusive of other charges like student welfare fee, gym fees, moot court fee, mess and hostel charges, etc.
Other courses
Apart from the aforesaid courses, the university also offers PhD programmes for research scholars in law.
Scholarships
The university offers scholarships to its students based on the following eligibility criterion.
The student should be pursuing a UG degree.
The admission should not be under the NRI/NRI sponsored category.
The annual income of the parents should be below 6 lakhs.
The CGPA of the student in all previous semesters should be above 6.
For more details regarding the application procedure, mode of payment, form of scholarship, etc, click here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹14,50,000 per annum. However, there have been no post-graduate placements at the university for the last 3 years. International law firms like Allen and Overy LLP, Herbert Smith LLP, and Simmons & Simmons alongside premier national law firms like Cyril Amarchand Mangaldas, Shardul Amarchand Mangaldas, AZB Partners, Anand & Anand, Juris Corp, Khaitan & Co., etc. visit the campus for recruitment. PSUs like National Thermal Power Corporation, Indian Oil Corporation, Gujarat State Petroleum Corporation and even regulatory bodies like SEBI recruit students during campus placements.
Kalinga Institute of Industrial Technology (KIIT)
About the college
The Kalinga Institute of Industrial Technology was established in the year as a vocational training centre and it transformed into a full-grown university in the year 1997. The faculty of law at this university is fairly new and was started in the year 2007. However, even in this short span of time, the KIIT Law School has outdone several law schools in the country and has been ranked 11th in the 2022 NIRF law universities rating. Moreover, the university itself has been ranked 20th in the country in the 2022 NIRF universities ratings.
This college makes moot courts its priority and trains students vigorously in the same. In furtherance of the same, the college keeps organising national and international moot court competitions and its students have won several prestigious awards in this area.
Course offered
5-year B.A-LL.B. (Hons.), B.B.A-LL.B. (Hons.) and BSc-LL.B (Hons.)
These are the three undergraduate integrated courses that are offered to students wanting to pursue law. This college considers CLAT UG marks for admission and also conducts its own entrance examination called the Kalinga Institute of Industrial Technology Entrance Examination (KIITEE) for admission into the undergraduate course. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks for admission into the BA-LLB or BBA-LLB courses. In the case of BSc-LLBA, the student should have secured at least 45% marks in the science stream. Apart from this, attempting CLAT UG or KIITEEis a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt KIITEE to secure admissions to the university, provided they secure the minimum marks as stipulated.
Fee structure
The course fee for all three courses is the same and stands at ₹3,09,000 per annum and is inclusive of all other charges. The fee structure is subject to change as per the policies of the college.
One-year LL.M Programme
The university also offers a one-year master’s program with specialisations in International law, Corporate and Commercial law, Criminal law, Family law, Constitutional law and Legal Pedagogy and Research.
Eligibility
The student should have completed his law graduation with at least 55% of the marks. For enrolling in this course, students have to appear in either the CLAT PG examination or KIITEE.
Fee structure
The course fee for the courses stands at ₹2,39,000 per annum and is inclusive of all other charges. The fee structure is subject to change as per the policies of the college.
Other courses
Apart from the aforesaid course, the institute also offers a PhD programme as well. Selection for this course is done through the national level PhD examination or through KIITEE. Individuals should have scored at least 55% marks in their post-graduation to be eligible for the course.
Scholarships
The college has various scholarships of its own and also facilitates the provision of external scholarships to the students. Primarily, it offers a merit-based scholarship to the student who secures the first rank in the semester examinations. It also offers to poor and needy students based on merit. The full details of the different scholarships that are available can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at 5 lakhs per annum and the average package for the students enrolled in the PG program stands at 8 lakhs per annum. In 2021, the highest package received by an undergraduate student was 12 lakhs per annum. Law firms like Khaitan, Luthra and Luthra, Remfry and Sagar, Phoenix Legal, and companies like Kotak Mahindra, and IFCL participate in the campus recruitment drives.
Aligarh Muslim University, Uttar Pradesh
About the college
The Aligarh Muslim University is one of the oldest universities in the country. Moreover, the department of law, established in 1891 is also considered one of the oldest in the country. As of today, the department has experienced faculty with almost 90% of professors holding a PhD degree. It publishes two peer-reviewed journals that are highly revered in the legal community. In the last 5 years, the faculty was involved in publishing over 100 research articles, 3 books, and over 10 chapters in different books.
Apart from the quality faculty, the university is known for imbibing research skills in the students and encourages students to write and publish research papers throughout the year. All these attributes have led to it being ranked 12th in the 2022 NIRF law universities rankings.
Course offered
5-year B.A-LL.B. (Hons.)
This is the solitary integrated undergraduate course that is offered to students wanting to pursue law. This college considers CLAT UG marks for admission and also conducts its own entrance examination called the AMU BA-LLB Entrance Exam for admission into the undergraduate course. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 50% of marks for admission into the BA-LLB course. Apart from this, attempting and clearing AMU BA-LLB Entrance Exam is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the AMU BA-LLB Entrance Exam to secure admission to the university, provided they secure the minimum marks as stipulated. The portion of this exam is similar to that of CLAT UG.
Intake
The total intake in this program is limited to 120 students.
Fee structure
The course fee for all the three courses is the same and stands at ₹2,03,400 per annum and is inclusive of all other charges. The fee structure is subject to change as per the policies of the college.
Two-year LL.M Programme
The university also offers a two-year master’s programme with specialisations in Commercial law, Criminal law, Family law, Constitutional law and Labour law.
Eligibility
The student should have completed his law graduation with at least 50% of the marks. For enrolling in this course, students have to appear in AMU LLM Entrance Examination conducted by the college. The syllabus for the same is in line with the subjects studied in graduation.
Intake
The total intake in this program is limited to 35 students.
Fee structure
The course fee for the courses stands at ₹2,05,000 per annum and is inclusive of all other charges. The fee structure is subject to change as per the policies of the college.
Other courses
Apart from the aforesaid course, the institute also offers a PhD programme as well. Selection for this course is done through the national level PhD examination or through KIITEE. Individuals should have scored at least 55% marks in their post-graduation to be eligible for the course.
Scholarships
The college has various scholarships of its own and also facilitates the provision of external scholarships to the students. The full details of the different scholarships that are available can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹10,20,000 per annum and the average package for the students enrolled in the PG program stands at ₹10,20,000 lakhs per annum. Law firms like Khaitan, Luthra and Luthra, Tatva Legal, Argus Partners, and companies like Concilio participate in the campus recruitment drives.
Lovely Professional University, Punjab
About the college
With its core values as integrity and professional ethics, the Lovely Professional University was established in the year 2005. It focuses on providing the students with an outcome-oriented learning ecosystem so that the students thrive in the practical world by relying on their strong analytical and leadership skills. The university is a proud member of the Association of Commonwealth Universities, UK.
The faculty of law is experienced and encourages the students to participate in co-curricular activities along with academics. The placement cell and alumni contacts help students in securing internships in leading law firms in the country. All these factors have contributed to it being ranked 13th under the 2022 NIRF law universities rankings.
Courses offered
5-year B.A., LL.B. (Hons.) and B.B.A, LL.B (Hons.)
This university offers two undergraduate courses, i.e, BA-LLB (Hons.) and BBA-LLB (Hons.) with an option to choose from four honour electives namely Constitutional law, Corporate law, Criminal law and International law. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 60% marks. There is a 5% relaxation for SC and ST students, students from north-eastern states and Sikkim, wards of Kashmiri migrants and defence personnel. Apart from this, students may choose to appear in either CLAT UG, or Law School Admission Test (LSAT) or the entrance examination conducted by the university, i.e., the LPU National Entrance and Scholarship Test (LPUNEST) for securing admission into these courses. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the CLAT UG. LSAT or LPUNEST to secure university admission provided they secure the minimum marks as stipulated.
Study abroad
Students are given the opportunity to apply to programs for studying abroad during the course for increased exposure. The details of the study abroad program can be found here.
Fee structure
The yearly fee for both the UG programs stands at ₹2,40,000. This is inclusive of all other charges.
One-year LL.M Programme
The university also offers a one-year master’s programme in 5 specialisations namely Business law, IPR, Constitutional law, Criminal law and International law.
Eligibility
The student should have completed his class law graduation with at least 50% marks. It is also mandatory to write the LPUNEST examination. Scores from other entrance examinations are not considered. For admission into the course, 70% weightage is given to the marks secured in LPUNEST and 30% weightage is given to the work experience, statement of purpose, publications, etc.
Fee structure
The yearly fee for the program stands at ₹2,40,000. This is inclusive of all other charges.
Other courses
Apart from the aforesaid courses, the university also offers a 3-year LL.B program. Admission to the same is through LPUNEST or LSAT.
Scholarships
The scholarship structure for the undergraduate program is based on the cut-off scores in LPUNEST or equivalent scores in CLAT UG or LSAT and the marks secured by the individual in class 12th. The same has been enumerated below:
A score of 160 or more in LPUNEST and a score of 95% or above in class 12th;
Scholarship: ₹57,600 per semester.
A score of 135 or more in LPUNEST and a score between 90-95% in class 12th;
Scholarship: ₹45,600 per semester.
A score of 105 or more in LPUNEST and a score between 80-90% in class 12th;
Scholarship: ₹33,600 per semester.
The scholarship structure for the postgraduate program is based on the cut-off scores in LPUNEST and the marks secured by the individual in his law graduation. The same has been enumerated below:
A score of 110 or more in LPUNEST and a score of 90% or above in graduation;
Scholarship: ₹66,000 per semester.
A score of 100 or more in LPUNEST and a score between 80-89% in graduation;
Scholarship: ₹54,000 per semester.
A score of 85 or more in LPUNEST and a score between 70-79% in graduation;
Scholarship: ₹42,000 per semester.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹6,00,000 per annum and the average package for the students enrolled in the PG program stands at ₹6,30,000 per annum. Companies like No Broker Association, Planet Spark, Tag and Bench Association, etc, recruit students from the campus.
Saveetha Institute of Medical and Technical Sciences, Chennai
About the college
The Saveetha Institute of Medical and Technical Sciences, School of Law boasts of state of the art facilities and uses information and communication-enabled tools in the classroom for teaching students. It is one of the oldest private law schools in Chennai and was established in the year 2009. It follows an integrated curriculum and provides its students access to an automated library. It also has multiple centres for the students including skill development centres, gender sensitisation centres, research and innovation centres, etc.
Having a campus as large as 180 acres, the students and faculty are provided residential spaces within the campus. It also brings in over 100 international faculties every year to provide guest lectures to the students. All these factors have contributed to it being ranked 13th under the 2022 NIRF law universities rankings.
This university offers four different undergraduate courses with an option to choose from a wide range of honour electives. Students are allowed to undertake transferable credit courses with several universities like Queens Mary University, UK and Dundee University, UK and use the credits for early completion of their 5-year course.
Eligibility
The student should have completed his class 12th education with at least 60% marks. For admission, the students have to fill out the application form on the official website by providing details regarding themselves. The selection of students for these courses is based on the performance of the students in group discussions and personal interview rounds. There is no entrance examination for admission to this university.
Fee structure
The yearly fee for both the UG programs stands at ₹2,40,000. This is inclusive of all other charges.
One-year LL.M Programme
The university also offers a one-year master’s programme in 6 specialisations namely Business law, IPR, Constitutional law, Criminal law, International law and Labour laws.
Eligibility
The student should have completed his class law graduation with at least 50% marks. The application procedure is identical to that of the UG courses discussed above. There is no entrance examination for admission.
Fee structure
The yearly fee for the program stands at ₹1,75,000. This is inclusive of all other charges.
Other courses
Apart from the aforesaid courses, the university also offers a 5-year integrated LLM-PhD course, a 3-year full-time PhD course and a 4-year part-time PhD course.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹5,80,000 per annum and the average package for the students enrolled in the PG program stands at ₹6,00,000 per annum. Law firms like Anand and Anand, Abdul & Vinod Partners, SNS Partners along with corporates like HDFC, etc, recruit students from the campus.
National Law Institute University, Bhopal (NLIU)
About the college
The National Law Institute University was established in Bhopal in the year 1997 with the aim of training law students so as to transform them into informed lawyers who would act toward the development of the legal community. Since its establishment, it has focused on adopting a multidisciplinary approach to imparting legal education and on the scholastic development of the students.
In furtherance of its aim, it has established multiple centres of excellence in the university wherein students can engage in research and development activities. National and international level moot courts and conferences are organised around the year for providing the students with practical experience. All these efforts have led to it being ranked 15th in the 2022 NIRF law universities rating.
Courses offered
5-year B.A., LL.B. (Hons.) and BSc-LL.B (Hons.)
This university offers 2 different undergraduate courses. The first is the B.A-LL.B (Hons.) course where students can opt from a wide array of honour subjects and the second is the BSc-LL.B (Hons.) course where students have only one Honour elective of Cyber Security laws. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, OBC or PWD category and at least 40% if he belongs to the SC or ST category. For the BSc-LL.B (Hons.) course, the student should have opted science stream in his intermediate. Apart from this, appearing in the CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the CLAT UG to secure university admission provided they secure the minimum marks as stipulated.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is 65 students in the B.A-LL.B (Hons.) course. Along with the general reservations for the SC, ST, OBC and PWD categories, there is a special reservation of 25 seats and 18 seats for Madhya Pradesh domiciled students and NRI/NRI sponsored students respectively. Coming to the BSc-LL.B (Hons.) course, the total student intake in the current academic year is limited to 60. There is no reservation for Madhya Pradesh domiciled students. 9 seats are reserved for NRI/NRI sponsored students along with other reservations for the SC, ST, OBC and PWD categories.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course. However, appearing in the CLAT UG is not a mandatory requirement and they can directly apply to the university for admission. Such students will be admitted based on their academic records, i.e., at least 50% marks in the 12th standard final examinations.
Fee structure
As per the current fee structure for students getting enrolled in this course, the sum of the yearly tuition fee, exam and facilities fee, hostel charges and refundable deposits amounts to ₹2,79,250.
One-year LL.M Programme
The university also offers a one-year master’s programme in 3 different specialisations, i.e., IPR and Business laws, Constitutional and Administrative law, and Human rights and Criminal law.
Eligibility
The student should have completed his law graduation with at least 45% of marks if he belongs to the SC or ST category and at least 50% for the rest. For enrolling in this course, students have to appear in the CLAT PG examination conducted by the Consortium.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 60 students. This number is subject to change based on the policies of the university. 30 seats are reserved for Madhya Pradesh domiciled students and 5 seats are reserved for international students along with other reservations for the SC, ST, OBC and PWD categories.
Fee structure
As per the current fee structure for students getting enrolled in this course, the sum of the yearly tuition fee, exam and facilities fee, hostel charges and refundable deposits amounts to ₹2,44,250.
The university offers scholarships to two students in the first year of the undergraduate course based on their economic condition. For more details regarding the eligibility criterion, application procedure, mode of payment, etc, click here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹16,00,000 per annum and the average package for the students enrolled in the PG program stands at ₹3,60,000 per annum. Premier national law firms like Cyril Amarchand Mangaldas, AZB Partners, Desai & Diwanji, Majmudar & Partners, Trilegal, etc. visit the campus for recruitment along with international law firms like Linklaters and Herbert Smith Freehills. ICICI Bank also recruits students during campus placements.
Christ University, Bengaluru
About the college
The Christ University was established in 1969 as Christ College. It was granted autonomy by the UGC in 2004 and was recognised as an institution with potential for excellence in 2006. The Ministry of Human Resource Development granted it the status of Deemed-to-be university in the year 2016. It was also accredited with NAAC ‘A’ grade in the same year.
The university follows a multi-disciplinary approach to imparting legal education and has a total of 25,000 students spread across all branches. It offers its courses at 3 locations, i.e., the main campus in Bengaluru, and two subordinate campuses in Pune and Delhi. Its research-oriented education system is evidenced by the 6 peer-reviewed journals that are published by the university annually. The experienced faculty has published over 300 books to date. All these factors have contributed to it being ranked 16th under the 2022 NIRF law universities rankings.
Courses offered
5-year B.A., LL.B. (Hons.) and B.B.A, LL.B (Hons.)
This university offers two undergraduate courses, i.e, BA-LLB (Hons.) and BBA-LLB (Hons.) with an option to choose from a wide range of honour electives including Sports law, Telecommunication law, Artificial Intelligence law, etc. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% marks. It conducts its own entrance examination, i..e, the Christ University Entrance Test (CUET) for admitting students to these courses. The entrance exam syllabus is similar to that of CLAT UG and includes English language, Reasoning, General Knowledge, Current Affairs and Data Analysis and Interpretation. The details of the selection process and the important dates are accessible on the dedicated app of the university which can be accessed here.
Fee structure
The annual fees for Karnataka domiciled students amount to ₹1,70,000. For students of all other states, the annual fee stands at ₹1,95,000. The annual fee for NRI/NRI sponsored students and international students is ₹2,50,000 and $4000 respectively. This is in exclusion of the hostel, mess or transport fee that is charged by the university.
One-year LL.M Programme
The university also offers a one-year master’s programme in 2 specialisations Corporate and Commercial law and Intellectual Property and Trade law.
Eligibility
The student should have completed his class law graduation with at least 50% marks. Students have to appear in the CUET to secure admission in this course. The details of the selection process and the important dates are accessible on the dedicated app of the university which can be accessed here.
Fee structure
The yearly fee for the program stands at ₹2,40,000. This is inclusive of all other charges.
Other courses
The annual fees for Karnataka domiciled students amount to ₹1,25,000. For students of all other states, the annual fees stand at ₹1,35,000. The annual fee for NRI/NRI sponsored students and international students is ₹2,25,000 and $5000 respectively. This is in exclusion of the hostel, mess or transport fee that is charged by the university.
Scholarships
A wide range of scholarships is awarded to the students at this university. These scholarships are in the form of merit scholarships, financial assistance scholarships, and alumni association scholarships. It also allows the students to pay their fees in instalments. More details regarding the scholarships can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹4,93,000 per annum and the average package for the students enrolled in the PG program stands at ₹3,62,000 per annum. Law firms like King and Partridge, Lakshmikumaran and Sridharan, Trilegal, V.J Mathew, Universal Legal, etc, along with corporate houses and NGOs like Justice and Care, GMR Infrastructure, Hewlett Packard Sales India Limited, etc, recruit students from the campus.
Dr.Ram Manohar Lohiya National Law University, Lucknow
About the college
Dr Ram Manohar Lhiya National Law University was established in 2005 in the city of Lucknow, Uttar Pradesh and classes commenced there in the year 2006. Named after one of the activists of the Indian independence movement, this university boasts state-of-the-art infrastructure and a learning environment. It aims to train students in professional skills and sees it as a way the development of the legal community in India and for the promotion of good and ethical practices in advocacy.
The university has a lush green campus of over 40 acres and it provides for the accommodation of both the staff and the students within the campus itself. The university has a history of producing some of the best mooters with several of them participating and bringing laurels to the university in both national and international moot court competitions. All these factors have contributed toward it being ranked 17th under the 2022 NIRF law universities rankings.
Courses offered
5-year B.A., LL.B. (Hons.)
This university offers one undergraduate course, i.e., the B.A-LL.B (Hons.) course where students can opt from a wide array of honour subjects including the likes of International Environmental law, Media law, IPR, Emigration law, Air & Space law, etc. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, OBC or PWD category and at least 40% if he belongs to the SC or ST category. Apart from this, appearing in the CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the CLAT UG to secure university admission provided they secure the minimum marks as stipulated. The candidates should be below 20 years or below 22 years in the case of SC or ST category at the time of enrolment into the course.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is 160 students along with 16 additional seats under the NRI quota. Out of the 160 seats available, 43 seats for the OBC category students, 34 seats for the SC category and 3 seats for ST students are reserved. However, this reservation is only applicable to the students who are domiciled residents of Uttar Pradesh. There is also a horizontal reservation for PWD, wards of freedom fighters or defence personnel of UP and women candidates.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course. However, appearing in the CLAT UG is not a mandatory requirement and they can directly apply to the university for admission. Such students will be admitted based on their academic records, i.e., at least 50% marks in the 12th standard final examinations.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee for Indian students amounts to ₹1,68,000 per annum and for international students or students of the NRI quota amounts to ₹1,00,000 + $10000.
One-year LL.M Programme
The university also offers a one-year master’s programme in 10 different specialisations. This includes specialisations in Human rights, IPR, Jurisprudence, Environmental law, Labour law, etc.
Eligibility
The student should have completed his law graduation with at least 50% of the marks. For enrolling in this course, students have to appear in the CLAT PG examination conducted by the Consortium. International students are also eligible to enrol in this course and they have to apply directly to the university for the same. Appearing in CLAT PG is not mandatory.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 20 students. This number is subject to change based on the policies of the university. Out of the 30 seats available, 5 seats for the OBC category students, 4 seats for the SC category and 1 seat for ST students are reserved. However, this reservation is only applicable to the students who are domiciled residents of Uttar Pradesh. There is also a horizontal reservation for PWD, wards of freedom fighters or defence personnel of UP and women candidates.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee for Indian students amounts to ₹1,03,000 per annum and for international students or students of the NRI quota amounts to ₹50,000 + $10000.
Other courses
Apart from the aforesaid courses, the university also offers a PhD programme for research scholars. The enrolment in this program is through the Research Entrance Test conducted by the university.
Scholarships
The university offers scholarships to 10 students in the undergraduate course and to 1 student in the postgraduate scores. This is a merit-cum-means scholarship that amounts to ₹50,000 per annum. For the first year UG students, rank secured in CLAT UG and the marks secured in class 12th is taken into consideration for awarding the scholarship and for first-year PG students, rank secured in CLAT PG along with the CGPA (8.5 or higher) secured in graduation is taken into consideration. For more details regarding the scholarships, click here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹5,00,000 per annum and the average package for the students enrolled in the PG program stands at ₹5,00,000 per annum. In 2021, this average had increased to 10 lakhs per annum with the highest package of 18 lakhs per annum. Premier national law firms like Cyril Amarchand Mangaldas, Shardul Amarchand Mangaldas, AZB Partners, Singh & Associate, Lakshmikumaran & Sridharan, etc. visit the campus for recruitment along with companies like International Institute of Financial Markets, Digiversal Pvt. Ltd., Deloitte, etc.
Rajiv Gandhi National University of Law, Punjab
About the college
The Rajiv Gandhi National University of Law (RGNUL), Punjab, in the year 2006 and became functional in the year 2007. It was accredited with NAAC ‘A’ grade in 2015 and received autonomy under UGC in 2018. Even after having a campus spread over 50 acres, it is ranked first in the list of cleanest campuses in the country. It boasts state-of-the-art infrastructure and facilities that are provided to the students. The voluminous library consists of over 39000 sources of legal knowledge.
Apart from this, the university has established 17 research centres to inculcate the habit of legal research in every student from the very beginning. This includes centres for Consumer protection law, International Humanitarian law, Criminal law, ADR, etc. These centres organise workshops and conferences at both the national and international levels. It also has a Legal Aid clinic that is fully functional and has a strength of over 100 volunteers in the form of advocates and paralegals. All these factors have contributed toward it being ranked 18th under the 2022 NIRF law universities rankings.
Courses offered
5-year B.A., LL.B. (Hons.)
This university offers one undergraduate course, i.e., the B.A-LL.B (Hons.) course where students can opt for 4 different honour subjects, i.e., Business law, Criminal law, Constitutional law and International law. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, OBC or PWD category and at least 40% if he belongs to the SC or ST category. Apart from this, appearing in the CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the CLAT UG to secure university admission provided they secure the minimum marks as stipulated.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is 180 students. Out of the 180 seats available, 9 seats for the PWD category, 27 seats for the SC category and 14 seats for ST category students are reserved. There is also a horizontal reservation of 18 seats for students who are domiciled residents of Punjab. There is also a special reservation for Kashmiri migrants, J&K residents and NRI.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course. However, appearing in the CLAT UG is not a mandatory requirement and they can directly apply to the university for admission. Such students will be admitted based on their academic records, i.e., at least 50% marks in the 12th standard final examinations.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee for Indian students amounts to ₹2,16,000 per annum and for international students or students of the NRI quota amounts to ₹96,000 + $12000.
One-year LL.M Programme
The university also offers a one-year master’s programme in 4 different specialisations, i.e., Business law, Criminal law, Constitutional law and International law.
Eligibility
The student should have completed his class law graduation with at least 55% of marks if he belongs to the General, OBC or PWD category and at least 50% if he belongs to the SC or ST category. For enrolling in this course, students have to appear in the CLAT PG examination conducted by the Consortium. International students are also eligible to enrol in this course and they have to apply directly to the university for the same. Appearing in CLAT PG is not mandatory.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 44 students. This number is subject to change based on the policies of the university. Out of the 44 seats available, 3 seats for the PWD category, 9 seats for the SC category and 5 seats for ST category students are reserved. There is also a horizontal reservation for Kashmiri migrants, J&K residents and students belonging to the EWS category.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee for Indian students amounts to ₹1,68,000 per annum and for international students or students of the NRI quota amounts to ₹98,000 + $3540.
Other courses
Apart from the aforesaid courses, the university also offers an Executive LLM in the form of a postgraduate diploma for working professionals, an MBA (Law) programme for graduates, a PhD programme for research scholars and also an LL.D programme.
Scholarships
The university offers scholarships to students in both UG and PG courses. The details of the same can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹7,50,000 per annum and the average package for the students enrolled in the PG program stands at ₹5,00,000 per annum. Premier national law firms like Cyril Amarchand Mangaldas, Jyoti Sagar Associates, Singh and Associates, Spiceroute Legal, etc, visit the campus for recruitment along with firms like Ernst & Young and Deloitte who are part of the Big 6.
Shanmugha Arts Science Technology & Research Academy, Chennai
About the college
The Shanmugha Arts Science Technology & Research Academy (SASTRA) was established in 1984 in Chennai. With time, it has grown to be one of the best private law colleges in the city and has attracted students from across the country. The Ministry of Human Resource Development granted it the status of Deemed-to-be university in the year 2001. The university believes in the holistic development of the students and encourages them to participate in national and international level moots and also includes vigorous research assignments in the academic curriculum. The students of this university have time and again used their mooting kill to win multiple national-level moots.
The university has been accredited with NAAC ‘A++’ grade in 2018 and is recognised as a Category-1 university by the UGC. All these factors have contributed to it being ranked 16th under the 2022 NIRF law universities rankings.
This university offers two undergraduate courses, i.e, BA-LLB (Hons.), BBA-LLB (Hons.), and BCom-LLB (Hons.) with an option to choose from a wide range of honour subjects. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education and should have obtained passing marks. The students have to appear in CLAT UG for being admitted into this course. The marks secured in class 12th and CLAT UG are weighted together at the time of admission. For more information regarding the admission criterion, click here.
Fee structure
The yearly fee for both the UG programs stands at ₹1,37,000. This is exclusive of mess, hostel and transport charges that the college may apply.
Scholarships
The university offers scholarships based on merit to the top 10% of performers in the batch. The details of the scholarship can be accessed here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹4,00,000 per annum. Corporates like Tata Consultancy Services, Union Bank, etc, recruit students from the campus.
Banaras Hindu University, Varanasi
About the college
The Faculty of Law, Banaras Hindu University is almost a century old. Over the years, it has gained a reputation as one of the best law colleges in the country and attracts students across the country to its undergraduate and postgraduate courses. The faculty attempts to bring real-world scenarios into classroom education and this system sets the education quality of this university a cut above the rest.
The university has produced a series of alumni who have gone on to become judges and partners in law firms. The quality of legal education and the research-based academic curriculum helps the students grow into knowledgeable and ethical lawyers. All these factors have contributed to it being ranked 16th under the 2022 NIRF law universities rankings.
Courses offered
5-year B.A., LL.B. (Hons.)
This university offers a solitary undergraduate course, i.e, the BA-LLB (Hons.) course. It conducts its own entrance examination for admitting students to this course. The exam is highly competitive and is given by thousands of students every year. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th with at least 50% of marks if he belongs to the General category, 45% marks if he belongs to the OBC category and 40% marks if he belongs to the SC or ST category. For enrolling in this course, students have to appear in the Under-graduate Entrance Test (UET) that is organised by the university.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 120 students. These seats are reserved for SC (15%), ST (7.5%) and OBC(25%) categories.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course. However, appearing in the UET is not a mandatory requirement and they can directly apply to the university for admission along with a statement of purpose. Such students will be admitted based on their academic records. There is a special supernumerary reservation of 15% for international students.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee for Indian students amounts to ₹6316 per annum and the total fee for international students amounts to ₹7850 per annum.
One-year LL.M Programme
The university also offers a one-year master’s programme. Admission to this course is through an entrance exam conducted by the university.
Eligibility
The student should have completed his class law graduation with at least 50% of marks if he belongs to the General category, 45% marks if he belongs to the OBC category and 40% marks if he belongs to the SC or ST category. For enrolling in this course, students have to appear in the Post-graduate Entrance Test (PET) that is organised by the university. International students are also eligible to enrol in this course and they can directly apply to the university for the same. They are not mandated to appear in the UET examination.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 20 students. These seats are reserved for SC (15%), ST (7.5%) and OBC(25%) categories. Also, there is a special supernumerary reservation of 15% for international students.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee for both Indian and international students amounts to ₹60,000 per annum.
Other courses
Apart from the aforesaid courses, the university also offers a 3-year LLB (Hons.) program, a PhD programme for research scholars who have completed their master’s degree with at least 55% or above marks a 2-year LLM program with a specialisation in Human Rights and Duties Education, and a post-graduate diploma in law with an intake of 60 students.
Scholarships
The university offers scholarships to students in the UG course based on their merit and financial conditions. annually. The details of the same can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹7,10,000 per annum and the average package for the students enrolled in the PG program stands at ₹8,00,000 per annum. Corporates like Tata Consultancy Services, OLA, etc, recruit students from the campus.
University of Petroleum and Energy Studies, Dehradun
About the college
The Faculty of Law, University of Petroleum and Energy Studies was established in Uttarakhand in the year 2003 with the aim of forming a university that is industry-focused and result-oriented. It has a big campus that is spread over 44 acres and offers state-of-the-art technology in classrooms for making learning more interactive and interesting. It trains students in an all-around manner and has a placement record of over 90%.
The university has an in-house moot court and constantly engages industry experts to provide guest lectures to the students. It has an industry alliance with Surana and Surana International Attorneys and provides placement assistance to students up to 5 years after their graduation. All these factors have contributed to it being ranked 21st under the 2022 NIRF law universities rankings.
This university offers three undergraduate courses, i.e, BA-LLB (Hons.), BBA-LLB (Hons.), and BCom-LLB (Hons.) with an option to choose from a wide range of honour subjects that include Business law, Labour law, Energy law, Constitutional law, Criminal law, Banking and Finance, etc. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th with at least 50% marks. For enrolling in this course, students have to appear in either CLAT UG, LSAT, or the UPES Law School Aptitude Test (ULSAT) that is organised by the university. Students holding a rank below 15000 in CLAT UG or students holding above 60% in LSAT are exempted from appearing in ULSAT.
Study abroad
The university has an academic alliance with the University of Law, UK, the University of Adelaide, Australia, University of Calgary, Canada and the meritorious students can opt to study for a semester at these universities with a full tuition fee waiver.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee amounts to ₹3,40,00 per annum. This is excluding the hostel, mess and transport fee charged by the university.
One-year LL.M Programme
The university also offers a one-year master’s programmem with specialisations in International Business Law, Corporate and Securities law, Environment law, Artificial Intelligence and Machine Learning, Cyber laws and Energy Law.
Eligibility
The student should have completed his 12th standard and law graduation with at least 50% marks each. For enrolling in this course, students have to appear in either CLAT PG or the ULSAT-PG examination that is organised by the university.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee per annum amounts to ₹2,46,000.
Other courses
Apart from the aforesaid courses, the university also offers a 3-year LLB (Hons.) programme and a PhD programme for research scholars.
Scholarships
The university offers scholarships to students in the UG course based on their merit in the entrance exam. Some students are even offered a 100% scholarship on their tuition fees. 50% of scholarships are reserved for girl students. There is also a 33% fee concession for Uttarakhand domiciled students. The details of the same can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹3,30,000 per annum. However, no placements are offered for PG students. Corporates like EATON, Factum Legal, Pramata, HCL, Sterlite Power, etc, recruit students from the campus.
National University of Study and Research in Law, Ranchi
About the college
The National University of Study and Research in Law (NUSRL) was established in Ranchi in the year 2010 by a statute of the Jharkhand state legislature. The institute was established with the aim of imparting holistic legal education to students so as to develop judicial and legal institutions in the future. It focuses on a multi-disciplinary approach by giving equal importance to academics and co-curricular activities for the overall development of the students.
It has established centres of excellence in law and Panchayat Raj system, law and natural resources, human rights advocacy, etc. It also focuses on laws of the modern era and has included subjects like Biotechnology law, IPR, Genome law, Genetic engineering law, the law of medicine, etc, in its curriculum. All these factors have contributed to it being ranked 22nd under the 2022 NIRF law universities rankings.
Courses offered
5-year B.A., LL.B. (Hons.)
This university offers one undergraduate course, i.e., the B.A-LL.B (Hons.) course where students can opt for 5 different honour subjects, i.e., Corporate law, Criminal law, Constitutional law, IPR, and International law. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, OBC or PWD category and at least 40% if he belongs to the SC or ST category. Apart from this, appearing in the CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the CLAT UG to secure university admission provided they secure the minimum marks as stipulated.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 60. Out of the 60 seats available, 8 seats for the OBC category, 6 seats for the SC category and 16 seats for ST category students are reserved. There is also a horizontal reservation for students who are domiciled residents of Jharkhand.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee amounts to ₹2,27,000 per annum.
One-year LL.M Programme
The university also offers a one-year master’s programme with specialisations in IPR, Corporate and Commercial law and Constitutional and Administrative law.
Eligibility
The student should have completed his class law graduation with at least 55% of marks if he belongs to the General, OBC or PWD category and at least 50% if he belongs to the SC or ST category. For enrolling in this course, students have to appear in the CLAT PG examination conducted by the Consortium. I
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 10 students. This number is subject to change based on the policies of the university. Out of the 10 seats available, 1 seat for the OBC category, 1 seat for the SC category and 2 seats for ST category students are reserved.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee amounts to ₹2,03,000 per annum.
Other courses
Apart from the aforesaid courses, the university offers a PhD programme for research scholars.
Scholarships
The university offers 2 scholarships based on merit for UG students from the 2nd to 5th year. It also offers 32 support scholarships to students of all categories based on their family income level. The details and the application form can be accessed here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹7,00,000 per annum and the average package for the students enrolled in the PG program stands at ₹4,80,000 per annum. Premier national law firms like Khaitan and Co, Singh and Associates, Luthra and Luthra, etc, visit the campus for recruitment along with companies like All India Reporter, L&T Finance, etc.
Guru Gobind Singh Indraprastha University, New Delhi
About the college
The University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University was established in 2001 and was the first university to be established in close proximity to the Supreme Court and the Delhi High Court among other tribunals. This university sets standards of legal education for itself and follows an example-driven approach to educating young minds. They train students in both, in-court litigation and outside the court settlement systems.
The university has established several legal centres for the holistic development of students. This includes the legal aid centre, children and family counselling centre, documentation and internet connectivity centre and a human rights centre. The students undertake multiple community development programmes like the jail awareness program, legal literacy campaigns and lok adalats. All these factors have contributed to it being ranked 23rd under the 2022 NIRF law universities rankings.
Courses offered
5-year B.A., LL.B. (Hons.) and B.B.A, LL.B (Hons.)
This university offers two undergraduate courses, i.e, BA-LLB (Hons.) and BBA-LLB (Hons.), with an option to choose from a wide range of honour subjects. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th with at least 50% marks. For enrolling in this course, students have to appear in the CLAT UG examination.
Intake
The intake for the BA-LLB (Hons.) course is limited to 40 students and for the BBA-LLB (Hons.) course, the intake is limited to 20 students for the current academic year.
Fee structure
As per the current fee structure for students getting enrolled in both the courses, the total fee amounts to ₹89,400 per annum. This is excluding the hostel, mess and transport fee charged by the university.
One-year LL.M Programme
The university also offers a one-year master’s programme with specialisations in Corporate law, Human Rights law, IPR and Alternate Dispute Resolution.
Eligibility
The student should have completed his law graduation with at least 50% marks. For enrolling in this course, students have to appear in the CLAT PG examination.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee per annum amounts to ₹1,20,000.
Other courses
Apart from the aforesaid courses, the university also offers a PhD programme for research scholars and a 2-year LLM programme that is conducted on weekends with specialisations in IPR and Cyber laws.
Scholarships
The university offers multiple scholarships to the students and releases notifications in this regard on their website. The details of the same can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹5,0,000 per annum and the average package for the students enrolled in the PG program stands at ₹4,00,000 per annum. Law firms like JSA Advocates, Bharucha and Partners, Vaish Associates, etc, recruit students from the campus.
National Law University and Judicial Academy, Assam
About the college
The National Law University and Judicial Academy, Assam was established in 2009 with the aim of providing legal education, especially to students of different socio-economic and cultural backgrounds in the northeastern part of the country. The campus is situated on the northern bank of the river Brahmaputra and is spread over 50 acres. Apart from being part of the Consortium of national law universities in the country, it is also part of several prestigious international academic institutions like the International Association of Law Schools. Asian Law Institute Singapore, etc.
The university is equipped with a voluminous library that has access to online databases like Manupatra and LexisNexis and has state-of-the-art digital classrooms. It follows a wholesome curriculum and focuses on legal research being part of it throughout. It hosted its first convocation for the UG course in 2018 wherein 7 students were awarded gold medals. All these factors have contributed toward it being ranked 24th under the 2022 NIRF law universities rankings.
Courses offered
5-year B.A., LL.B. (Hons.)
This university offers one undergraduate course, i.e., the B.A-LL.B (Hons.) course where students can opt for 5x different honour subjects, i.e., IPR & Business law, Criminal law, Constitutional law, Consumer Protection & Environmental law, and International law. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, OBC or PWD category and at least 40% if he belongs to the SC or ST category. Apart from this, appearing in the CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the CLAT UG to secure university admission provided they secure the minimum marks as stipulated.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is 60 students. Out of the 60 seats available, there is a reservation for SC (7%), ST (15%), and OBC (27%) category students who are domiciled residents of Assam. 5 seats are also reserved in the general category for permanent residents of Assam.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee amounts to ₹2,24,000 per annum.
One-year LL.M Programme
The university also offers a one-year master’s programme in 7 different specialisations, i.e., Business law, IPR, Constitutional law, Personal law, Human Rights law, Environmental law and International law.
Eligibility
The student should have completed his class law graduation with at least 55% of marks if he belongs to the General, OBC or PWD category and at least 50% if he belongs to the SC or ST category. For enrolling in this course, students have to appear in the CLAT PG examination conducted by the Consortium. International students are also eligible to enrol in this course and they have to apply directly to the university for the same. Appearing in CLAT PG is not mandatory.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 40 students. The reservations herein are identical to that of the UG course discussed above.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee amounts to ₹1,94,500 per annum.
Other courses
Apart from the aforesaid courses, the university also offers a PhD programme for research scholars who have completed their master’s degree with at least 55% or above marks.
Scholarships
The university offers a merit-cum-means scholarship to students in the UG course whose family income is less than 8 lakhs per annum. The details of the same can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹7,63,200 per annum. However, the university does not offer placements in the PG course as of now. In 2021, the highest salary package offered was 12 lakhs per annum. National law firms like Cyril Amarchand Mangaldas, AZB Partners, Fox Mandal, etc, visit the campus for recruitment along with organisations like Rajasthan Commission for Women, Rural Litigation & Entitlement Kendra, Tagore Society for Rural Development, Oil India Limited, etc.
National Law University Odisha (NLUO)
About the college
The National Law University Odisha (NLUO) is one of the recent additions to the national law universities in the country. In a short span of time, the university has recruited experienced faculties who prioritise legal research and inculcate the same in the students. The university offers clinical legal education courses like moots courts, professional ethics, mediation, etc, as part of the undergraduate course curriculum.
It also has a fully functional legal aid clinic within the university that is run by advocates and other professionals on a contractual basis. Students participate and learn from the activities organised by the clinic. Students themselves have filed PILs as part of these activities. All these factors have contributed toward it being ranked 25th under the 2022 NIRF law universities rankings.
Courses offered
5-year B.A., LL.B. (Hons.) and B.B.A, LL.B (Hons.)
This university offers two undergraduate courses, with an option to choose from multiple honour subjects. Let us now look at some other important admission criteria.
Eligibility
The student should have completed his class 12th education with at least 45% of marks if he belongs to the General, OBC or PWD category and at least 40% if he belongs to the SC or ST category. Apart from this, appearing in the CLAT UG is a mandatory requirement. Students who are yet to appear in the class 12th final examinations are also allowed to attempt the CLAT UG to secure university admission provided they secure the minimum marks as stipulated.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 in the BA-LLB course is limited to 106 students and 13 seats are reserved for ST students and 8 seats are reserved for SC students. In the BBA-LLB course, the total intake is limited to 53 students. Herein, 6 seats are reserved for ST students and 4 seats are reserved for SC students. Also, there is a 25% horizontal reservation in both the courses for students who are domiciled residents of Odisha.
Foreign nationals
Any person who qualifies as a Person of Indian Origin or as an Overseas Citizen of India can apply for admission to this course. However, appearing in the CLAT UG is not a mandatory requirement and they can directly apply to the university for admission along with a statement of purpose. Such students will be admitted based on their academic records, i.e., at least 50% marks in the 12th standard final examinations. 4 seats in the BA-LLB course and 2 seats in the BBA-LLB course are reserved for them.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee for Indian students amounts to ₹2,01,000 per annum and the total fee for international students amounts to ₹80,000 + $6000 per annum.
One-year LL.M Programme
The university also offers a one-year master’s programme in 2 specialisations namely Corporate & Commercial law and Constitutional & Administrative law.
Eligibility
The student should have completed his class law graduation with at least 55% of marks if he belongs to the General, OBC or PWD category and at least 50% if he belongs to the SC or ST category. For enrolling in this course, students have to appear in the CLAT PG examination conducted by the Consortium. International students are also eligible to enroll in this course and they can directly apply to the university for the same.
Intake and reservation
The total student intake for the current academic year, i.e., 2022-23 is limited to 50 students. It is divided into 25 seats per specialisation with a reservation of 3 seats for ST category students and 2 seats for SC category students in each specialisation. Also, there is a 25% horizontal reservation in both the courses for students who are domiciled residents of Odisha. % seats in each course are also reserved for foreign nationals.
Fee structure
As per the current fee structure for students getting enrolled in this course, the total fee for Indian students amounts to ₹1,41,000 per annum and the total fee for international students amounts to ₹69,000 + $4000 per annum.
Other courses
Apart from the aforesaid courses, the university also offers a PhD programme for research scholars who have completed their master’s degree with at least 55% or above marks.
Scholarships
The university offers a merit-cum-means scholarship to students in the UG course annually. The details of the same can be found here.
Placements
As per information available in the NIRF rankings, the average package for the students in the UG program stands at ₹6,00,000 per annum and the average package for the students enrolled in the PG program stands at ₹4,80,000 per annum. National law firms like Cyril Amarchand Mangaldas, Singh & Associates, MNSA Legal, Luthra and Luthra, Fox Mandal, etc, visit the campus for recruitment.
Conclusion
The aforesaid list provides details of all the universities and courses in brief. If you want to look into the courses and have a broader understanding of the curriculum, you should visit the official websites of the universities. The list is also subject to change based on the NIRF rankings in the coming years.
Frequently Asked Questions (FAQ’s)
What is the cut-off for top 3 NLUSs?
The cut-off for the top 3 NLUs varies according to the level of the examination. In 2022, the cut-off for the top 3 universities for the UG program was between 100-105 marks and for the PG program was between 85-95 marks.
Which entrance exams are available for UG courses in law?
Students can appear for CLAT UG for admission to NLUs and other institutions, AILET for admission to NLU Delhi, LSAT-India for admission to multiple private law colleges, SAAT for admission to the Siksha ‘O’ Anusandhan University, AMU BA-LLB for admission to the Aligarh Muslim University, CUSAT for admission to the Cochin University of Science and Technology, KIITEE for admission to the Kalinga Institute of Industrial Technology, SET for admission to the Symbiosis Law Schools, BHU UET for admission to the Banaras Hindu University, DU-LLB entrance exam for admission to the 3-year LLB course offered by Delhi University, LPU NEST for admission to the Lovely Professional University and LFAT for admission to the Allahabad university.
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Through innumerable websites and apps, social media has today become a significant part of many people’s lives, allowing them to connect with others and share their ideas, feelings, experiences, etc. It has the potential to be a source of shopping and entertainment, and many companies have even found it useful for marketing and promotion. Social media has now had such a profound effect on society that it looks as though people couldn’t survive without it.
The power of social media to help and support people and businesses in so many ways is the fundamental factor behind why it appears that so many people are under its sway. Social networking has shown to be a huge asset for practically anybody, wherever, whether it’s promoting businesses or connecting with friends and family. Customers will want to purchase the company’s goods if they enjoy what they are seeing and if relationships are developed between them and the employees. Businesses may be able to expand productively much more quickly as a result of this.
Influencer marketing is the fastest approach for companies or businesses to see results. It consists of endorsements and promotions for goods and services by figures, groups, and organisations with a reputedly high level of social consciousness. Influencer marketing is advertising to, with, and via influencers to reach your target audiences as well as theirs. While influencer marketing doesn’t only rely on particular recommendations, it is akin to word-of-mouth advertising.
The purpose of this article is to present the guidelines from The Advertising Standards Council of India (ASCI) for social media influencers.
Who is an influencer
According to The Advertising Standards Council of India, an influencer is someone who, due to their authority, knowledge, position, or relationship with their audience, has access to and the ability to influence their audiences’ purchase decisions or thoughts about a good, service, brand, or experience. Influencers can originate from a variety of sources. Any person, team, organisation, place, or thing can have an influence. These content makers often have engaged audiences who follow them. Businesses can use buyer personas to advertise to them on various social media platforms to broaden their reach, raise brand recognition, and produce new leads for their sales funnel.
In its ruling Marico Limited v. Abhijit Bhansali[(2020(81) PTC 244(Bom)], the Bombay High Court also defined “social media influencers” as a new class of people who have amassed sizable social media followings and a certain level of authority in their industry. In addition, the decision recognised the necessity to hold such influencers accountable given their sway over their audience and the public’s confidence in them.
Influencer marketing and need for regulation
Influencer marketing can be adopted in a variety of ways:
Pay the influencer a specified sum of money to create sponsored content for your company or product.
Offer the influencer free or discounted goods in exchange for a review.
Offer the influencer exclusive goods or vital information in exchange for posts about your company or product.
Every influencer has dedicated time to growing their audience and developing their own brand identity. Their honesty helps them gain the trust of their followers. Customers may be wary of celebrities endorsing goods or companies, but they are more likely to believe influencers who are just like them.
In the interim, marketers might have to put their trust in the influencer to do content management tasks like writing reviews or creating posts that highlight their items. Selecting the appropriate influencer to support your brand is essential for this reason. Instead of overly promotional posts, marketers should make every effort to obtain subtle and genuine content from influencers.
The 2020 global lockdowns were a significant driver of online sales. Podcasts are a part of our daily lives, TikTok has gone mainstream, and Instagram is now more focused on shopping. Customers avoid advertising whenever possible. The world has entered into a new era of democratic media consumption, in which users decide who and what to listen to.
As a result, the online market is crowded. As the attention economy expands, we see a completely new type of exchange where businesses use compelling material to attract and hold consumers’ attention.
Content creation comes from influencers. They produce native commercials that frequently strike a chord with consumers, which can improve the effectiveness of advertising and raise conversion rates all around. Analysts can then identify the influencer material that is working the best and create paid advertisements to run to a certain target demographic. Influencer content typically has higher engagement and conversion rates since it is regarded as being more authentic.
By 2022, more than half of the world’s population will be using social media, making it crucial that laws and regulations protect consumers from watching deceptive or damaging commercials. In the world of influencer marketing, disseminating incorrect information is strictly prohibited. Many firms have been observed taking advantage of this more recent grey area in the marketing dynamics by asking influencers to talk about their products in a way that makes the recommendation genuine.
Regulations must therefore be implemented to safeguard consumers’ interests and enable them to determine if the product being sold to them by their favourite influencer is the result of an organic recommendation or is, in fact, a commercially promoted or sponsored product. Various jurisdictions have established regulatory organisations and passed guidelines and legislation to control the influencer marketing sector and its activities to protect consumer interests and make influencer marketing more visible to all parties involved.
In India, the relevant legislation for Influencer Marketing Regulation is Influencers Advertising on Digital Media Platforms which has been governed by The Advertising Standards Council of India (ASCI), and Central Consumer Protection Authority (CCPA).
Advertising Standards Council of India guidelines
The final “Guidelines For Influencer Advertising In Digital Media” (Guidelines) were published on May 27, 2021, by the Advertising Standards Council of India (ASCI), and they must be followed for all articles written by influencers on or after June 14, 2021.
ASCI is a self-regulatory organisation, and the regulations and policies it has published regarding most forms of advertising, including internet and digital advertising, are not legally enforceable. It was established in 1985 and was incorporated under Section 25 of the Companies Act. It considers and resolves complaints in accordance with its Code of Advertising Practice (CAP). The foundational premise around which the Code is built is “To assure the veracity and honesty of statements and claims made by advertisements and to safeguard against misleading advertisements.”
Members of ASCI are required to adhere to the Guidelines since they have consented to do so. The majority of Indian advertising is ASCI members. The Guidelines act as a standard for both members and non-members.
Consumers should be able to recognise and differentiate paid promotional content from other content produced by influencers. The Guidelines are intended to stop businesses from abusing consumers’ trust or taking advantage of their ignorance or lack of expertise by engaging influencers in promotional posts or campaigns on social media that may be deceptive. The post must carry a disclosure label that expressly states that it is an advertisement if there is a material link between the influencer and the advertiser.
A substantial connection can not only refer to cash benefits or remuneration that the influencer has received. Other incentives like free goods, discounts, presents, excursions, hotel stays, contest entries, or job relationships are also included if they have the potential to influence the influencer’s credibility and weight when making a claim.
The disclosure must be clear and conspicuous; it is insufficient to just include it in one’s profile or to bury it beneath a sea of hashtags or links. The disclosure must be superimposed over any images or videos that are posted without any accompanying text so that it is obvious to the ordinary consumer. The amount of time that the disclosure must be visible varies depending on how long the video is. The disclosure must be made clear at the beginning, the end, and after each intermission in live broadcasts and audio media.
A reimbursement method is not included in the recommendations. Furthermore, the Delhi High Court ruled in Procter & Gamble Home Products Private Limited v. Hindustan Unilever Ltd. that although the ASCI has a Consumer Complaints Council, its main function is self-regulation. The Court continued by stating that it was incorrect to claim that the ASCI was created to resolve disputes.
When the ASCI receives a complaint, it communicates its concerns to the advertisers and gives them a chance to make amends. If they dispute the claim, the Consumer Complaints Council (CCC) reviews their argument and weighs the supporting documentation to determine whether the content in question violates the ASCI’s rules. They are informed of this suggestion and given a deadline for putting it into action.
Even yet, the ASCI can only suggest that the advertiser delete the commercial when it believes that a complaint has substance. It must rely on the voluntary behaviour of the advertisers because it lacks a mechanism to award damages, provide interim remedies, or compel the removal of the advertisement. When advertisers do not abide by the rules, your only recourse is to report the situation to the appropriate statutory organisations or government agencies.
Conclusion
Although the parent ASCI Code already covers rules governing “celebrity” advertising, it appears that the Guidelines establish digital media-specific rules for the category of social media influencers who may not typically qualify as “celebrities” under the parent Code due to the high thresholds set forth therein (compensation of INR 20,00,000 or above or a listing in top 100 celebrities under Forbes or Times list etc.).
However, it may be safe to say that in addition to influencers, celebrities using digital media to advertise may also be required to abide by the Guidelines because the bar for becoming an influencer has been kept very low and without specific requirements (such as the number of followers or the amount of payment received), and would typically apply to all celebrities. It is also important to note that ASCI is a self-regulatory and voluntary governing body without legal sanction, hence the Guidelines could not be enforced by statute. However, the ASCI Code has occasionally been given legal sanction by Indian courts and is generally adopted as a best practice across all industries.
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This article has been written by Raksha Yadav studying BBA.LL.B from ISBR Law College, Bangalore. This article provides a basic understanding of Section 468 CrPC, how the limitation period is calculated, and judiciary’s opinion on the same and the execution of time.
It has been published by Rachit Garg.
Table of Contents
Introduction
Law is mainly divided into two categories, i.e., civil law and criminal law. Civil law emphasises the settlement of the dispute and compensates the aggrieved party, whereas criminal law implies punishing the offenders and maintaining the law and order in society. Whenever a crime occurs, it is not only against the person, but it is also against society at large. Based on natural justice, the criminal justice system seeks to serve justice. The aggrieved party looks toward the court for justice, but sometimes it might happen that the party is not able to approach the court or they might be restrained from filing a suit before the court. Many times, we have read in the newspaper or heard on the news that the victim of sexual harassment, molestation, or any other offences has come forward and filed an FIR years after the incident.
Once the limitation period has passed, the court can not entertain the suit filed by the parties until and unless there is no satisfactory and genuine reason for the delay in filing of the suit. Therefore, under the Code of Criminal Procedure, 1973 (CrPC), Chapter XXXVI’s Section 468 deals with the limitation period for filing a suit and when the limitation period lapses.
What does cognizance mean
The term ‘cognizance’ is not defined anywhere in the code, but in simple terms, it means knowledge, awareness, or taking acknowledgement by the authorities. Cognizance is derived from the Latin word ‘cognōscere’ which means to know or have knowledge.
In legal terminology, cognizance means taking into consideration by a judicial body or making an inquiry about an offence. The courts have the power to issue an order or notice to determine a matter. It is not a formal action; it arises when a magistrate suspects the occurrence of any offence within his/her jurisdiction.
In the case of Dr. Subramanian Swamy v. J. Jayalalitha, (1996) the Madras High Court held that taking cognizance means taking judicial notice or having awareness of the offence. A magistrate can not take cognizance of the offence twice. A magistrate can take notice of an offence to determine whether there is sufficient evidence to begin legal action against those responsible for the offence.
In the State of W.B v. Mohammed Khalid, (1994), the Supreme Court decided that the term “cognizance” refers to the moment a magistrate or judge first becomes aware of an offence.
It was held in the case of Pooja Kumari & Another v. Kamal Nain Kaur,(2019), when a magistrate or court chooses to open a case based on a received complaint, this is referred to as taking cognizance.
In the case of Narsingh Das Tapadia v. Goverdhan Das Partani & Anr, (2000) the Supreme Court held that when a court “takes cognizance,” it means that it will begin legal action against the offender for the offence for which the complaint has been filed.
Cognizance of the offences can be taken either by the magistrate under Section 190 or the session courts under Section 193 of the CrPC.
Magistrates can take cognizance when they receive a complaint related to the offences, a police report, or any information from any person or upon their knowledge. A Chief Judicial Magistrate can authorise a Second Class Magistrate to take cognizance of the offence. Whereas a session court can not take cognizance of the offence unless the such offence is committed to it by the magistrate.
Limitation for cognizance under CrPC
The criminal justice system provides certain terms for filing a suit in court. Section 2(f) of the Limitation Act 1963 defines the period of limitation.
Section 467 of CrPC
Section 467 defines the period of limitation as the time specified for taking cognizance under Section 468 of the code.
Section 468 oF CrPC
It states that the court can not take cognizance after the limitation period is over. It bars the proceedings after the limitation period has elapsed, in the following manner:
When there is only a fine imposed “for the punishment”,six months is the limitation period;
When the imprisonment “for the offence” does not exceed one year, the period “of limitation” is one year;
When the minimum sentence “for the offence” is one year and the maximum is three years then the period of limitation will be three years.
If there are two cases filed, then the limitation period depends on the offence which is more serious in nature and whose punishment is also more severe.
The commencement of the limitation period begins from when the offence was committed, or where the victim and police officer were not aware of the offence, then the date when the offence came to the knowledge of the police or victim is to be considered. Moreover, when the offender is unknown and untraceable, the limitation period will begin from the recognition of the offender or when an investigation report has been filed, whichever is earlier as per the provisions of Section 469 of the Code.
The court can not hear the complaint after the completion of the limitation period, but Section 473 provides the provisions for the extension in certain cases. It states that if the court accepts the permissible grounds for the delay in the filing of the case, then it can take cognizance after the lapse of the limitation period and when it is necessary for the ends of justice.
Relevant date to compute limitation
Under Section 468 of the Code, the relevant date for the limitation period is the date when the complaint is filed or the prosecution proceedings commence.
In Darshan Singh Saini vs. Sohan Singh and another, (2015) case, the Allahabad High Court noted that the relevant date for calculating the limitation period is the date of filing a complaint and institution of the proceedings and not the date when a magistrate took cognizance of the matter.
The term ‘exclusion of time’ means excluding the duration from the limitation provision of the code. Section 470 of the CrPC deals with the exclusion of time. Subsection (1) of this Section 470 states that when any party is actively pursuing another proceeding against the offender in a court of law or has filed any appeal or revision, then such time period shall be excluded. No such exclusion can be made when the proceedings are based on similar facts and issues. It should have been brought in good faith before a court which lacks jurisdiction over it or has some similar reason for which it cannot be heard.
Furthermore, the date the injunction order was granted or when it was excluded, whichever came first, shall be excluded from the limitation period when the filing of a complaint has been delayed by the injunction order vide Section 470(2).
In addition to this, when a notice has been issued for the prosecution of the offence but, as per the legal provision, sanction or consent must be obtained from the government or any other public authorities, then the time taken to obtain such approval or sanction is excluded when calculating the statute of limitations vide”Section 470(3)”.
Moreover, while computing the time for limitation, if the offender is absent from India or from any “foreign” territory under the Central Government or the offender could not be arrested by the authorities, either because of his escapades or concealment, then such time period is also excluded vide Section 470(4).
If the court is closed before the completion of the limitation period, then the court will take cognizance when it will reopen. Section 471 of the code provides for the exclusion of time when the court remains closed.
Whenever an offence continues, the limitation period will start over every instant the offence is being continued, as per Section 472 of the CrPC. And Section 473 states the extension of the limitation period “in certain cases”. The court has the power to decide whether to accept the request for an extension or not. If the applicant makes the court satisfied that he/she had sufficient grounds for delay in filing a complaint within the stipulated duration, then the court has a discretionary power to condone the delay and extend the limitation period.
Judicial pronouncements related to Section 468 CrPC
Kamatchi v. Lakshmi Narayanan, 2022
In this case, an aggrieved woman filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 after ten years. The Madras High Court dismissed this petition as it is time-barred under Section 468 of the CrPC and held that Section 28 and Section 32 of the Domestic Violence Act, 2005 r/w Rule 15(6) of the Protection of Women from Domestic Violence Rules, 2006 makes the CrPC provisions applicable in this case. The Supreme Court set aside the judgement passed by the High Court and held that the limitation prescribed under Section 468 of the CrPC is not applicable to the filing of an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Ravi Kapoor @ Jeetendra v. State of Himachal Pradesh and another, 2019
An FIR had been lodged under Section 354 (Assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code, 1860 against the well-known actor of Hindi cinema, Jeetendra. The incident took place in January 1971 and an FIR was filed after forty-seven years. The Himachal Pradesh High Court quashed this FIR as the allegations made did not lead to any conclusion and there were no sufficient grounds against the accused. In this case, the Himachal Pradesh High Court held that Section 473 allows the extension of the limitation period on satisfying grounds, but the defendant cannot establish those circumstances. Therefore, the petition is allowed under Section 468, which states that no cognizance can take place after the limitation period if the imprisonment for the offence is one year but can not exceed three years.
Amritlal v. Shantilal Soni & Ors., 2019
In this case, a complaint was filed on 10.07.2012 stating the complainant had assigned the 33.139 kg of silver on 04.10.2009 to the accused, which was refused to be returned by the accused. A charge sheet was filed under Section 406 (Punishment for criminal breach of trust ) read with Section 34 (Common intention) and Section 120-B (Punishment for criminal conspiracy) of the Indian Penal Code, 1860. The Magistrate First Class took cognizance on 04.12.2012. The High Court quashed the proceedings on the ground that the limitation period had lapsed but when it was challenged in the Supreme Court, it was held that computing the limitation date of the offence is the date of institution of prosecution, not the date when the magistrate took cognizance therefore, the complaint filed by the appellant was within the limitation period.
Conclusion
Evidence and witnesses are the main elements in a case to pronounce justice, but in our country, there are lots of incidents that occur when the evidence or witnesses are tampered with and destroyed. Therefore, it is necessary to file the complaint within the prescribed time. The CrPC provides the procedure for the limitation period under Sections 467 to 473. These sections deal with different provisions of the limitation period for taking cognizance of the offence.
Frequently Asked Questions (FAQs)
Which section of the Code of Criminal Procedure, 1973 deals with the extension of the limitation period for taking cognizance of the offence?
Section 473 of the CrPC provides provisions for the extension.
Who has the authority to take cognizance of the offences?
The magistrate under Section 190 and the court of session vide Section 193 of the code had the authority to take cognizance of offences..
Which are the cases where section 468 of the code is not applicable?
Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.
LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:
This article has been written by Raksha Yadav studying BBA.LL.B at ISBR Law College, Bangalore. This article discusses about ex-parte decree and remedies a defendant has regarding the same.
It has been published by Rachit Garg.
Table of Contents
Introduction
Every court proceeding commences with the appearance of both the parties or their legal representatives. The parties need to appear before the judge, otherwise, the parties might face adverse effects from their non-appearance. If any party did not get the opportunity to present their statement in court, it would be a violation of natural justice. Sometimes such scenarios occur when the party fails to appear in court. Therefore, Order 9 of the Code of Civil Procedure, 1908 (CPC) deals with the appearance and non-appearance of the party. This article mainly focuses on the non-appearance of the defendant, the consequences of his disappearance, and what remedies he can avail himself of if any order or decree is passed against him.
What is a decree
A decree is an official order issued by the court and it is only passed in civil suits under Section 2(2) of the CPC. In a civil suit, a decree is a formal expression of the decision made by the court that determines the rights and obligations of the parties. A decree can be either preliminary or final, or partially preliminary and partly final. It is always followed by judgement. A judgement is a final statement made by the judge in a particular civil or criminal suit. It is defined under Section 2(9) of the CPC.
A decree must include the condition for the rejection of any plaint or the question raised in Section 144 of the CPC. However, a decree can be passed if any appeal is filed against the previous order or decision and any order of discharge relating to default. A decree can not be referred to as a precedent to pronounce future judgments.
Essentials of a decree
A decree is a decision made by the judge in any civil suit. The essential elements that are required to announce the law are as follows:
Adjudication:
Adjudication is the formal decision made by the judicial body in civil dispute matters. If any judicial officer does not make the order, there is no decree to arise. While making a decree decision, the adjudication must be formally expressed.
In the case ofNaik v. Hansubala Devi (1983), the Court stated that if there is no adjudication of rights and adjudication of the dispute, then there is no decree.
Suit:
Any civil proceeding which is initiated while filing a plaint in a civil court. If there is no civil suit filed, there is no decree passed in the suit.
A decree must be passed formally by the court, which must be followed by a judgement. It should be given separately according to the law.
Rights of the parties:
A decree consists of the substantive and procedural rights of the parties, i.e., the plaintiff and the defendant. It determines the legal rights of the parties which are in question in the matter of dispute.
In Kanji Hirjibhai Gondalia v. Jivaraj Dharamshi (1976), the Court said that the plaintiff and the defendant are the parties in a lawsuit. If the court passes any decision on the request of the third party in a lawsuit, then that decision is not considered a decree.
Conclusive determination:
The decision made by the judge must be final and conclusive. It means the court can not entertain the same issues and facts again once it has settled down.
In Narayan Chandra De v. Pratirodh Sahini (1989), the Court stated that the determination should be definitive and binding on the court that makes it. An interlocutory order that does not finally clarify the rights of parties is not regarded as a decree for this reason.
What is “ex-parte”
‘Audi Alteram Partem’ is a Latin phrase that means, “Listen to both sides” and it is one of the principles of natural justice. Every party has a right to a fair hearing. If any party does not appear on the prescribed date, the court will issue summons and notices to appear before the court. When, during the proceedings of a civil suit, a plaintiff was present and the defendant was not present, and the summons was issued, then the court could proceed against the defendant and pass an ex-parte decree. The court has jurisdiction to pass an ex-parte decree under Order 9 Rule 6 of the CPC. The order states that if the defendant does not appear before the court despite having summons served on him, the court can pass an ex parte decree. But if the summons is not duly served, the court will issue another summons to the defendant. When the summons is served properly but the defendant does not get enough time to be present in court, the court will postpone the proceeding to a future date. If the court finds that the summons was not served properly due to the plaintiff’s fault, then the court will ask the plaintiff to pay the cost of adjournment of the hearings.
In M Krishnappa v. Mensamma (2020), the Karnataka High Court held that when the defendants attended an appearance but did not argue the case, it would be classified as Ex Parte and the defendants could maintain a petition under Order 9 Rule 13 of the CPC.
In Bhanu Kumar Jain v. Archana Kumar & Anr (2004), the Supreme Court stated that it is permissible for the defendant to argue that he had sufficient and reasonable grounds for not being able to attend the hearing of the suit on a relevant day, except to challenge the authenticity or otherwise of an order posting the matter for ex-parte hearing.
In the case of Textile Association (India) v. Balmohan Gopal Kurup and Another (1990), the landlord filed an eviction suit against his tenants for default in payment of the rent and obtained an ex parte decree. The respondent was not a party in the suit; only his mother and brother were the parties. The respondent filed an appeal claiming that he was also the tenant, hence the decree obtained by the landlord was not binding. The ex parte decree against the joint tenants is equally binding on all of them. Hence, the trial court set aside the ex parte decree.
Setting aside an ex-parte decree under Order 9 Rule 13 CPC
Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex-parte decree which was passed due to the non-appearance of the defendant in the civil suit. The court only sets aside the ex-decree when the defendant presents a satisfactory reason in court or the summons is not served well.
Summons duly not served well:
When the suit is filed in court, from the filing date of the suit to thirty days afterwards, the summons must be served to the defendant. The summons is the official notice that the defendant must appear in court on their behalf. But there are certain scenarios, such as the postal address being incorrect or changed, where the plaintiff has not paid the fees. When the summons is not served properly to the defendant or the defendant does not get enough time to appear before the court. Then the court may set aside the ex parte decree.
When the court finds sufficient grounds for the non-appearance of the defendant, the court will set aside the ex parte decree. The term ‘sufficient cause’ is not defined in the code. The court will determine through its interpretation in different cases. The defendant has the burden of proof to prove sufficient cause for non-appearance in court.
In G.P. Srivastava v. Shri R.K. Raizada & Ors. (2000), the Court said that if the party is not able to set any ‘sufficient cause’ for his nonappearance on the fixed date then the ex parte proceedings will be initiated against him.
In New Bank of India v. M/S. Marvels (India) (2001), when the appellant was not able to present sufficient cause in the court and was found negligent in presenting his case, the court could not set aside the decree.
In Parimal v. Veena @ Bharti (2011), the Supreme Court stated that the term ‘sufficient cause’ means the defendant did not act negligently and genuinely wanted to be present when the case was summoned for hearing and used his best effort to do so.
Remedies against ex-parte decree
When a defendant presents sufficient cause before the court for non-appearance the ex-parte decree can be set aside. Once the court accepts the defendant’s reason, it will set aside the decree. The civil code provides remedies that a defendant can use to set aside the decree passed by the code and get the opportunity to represent his case.
A defendant against whom an ex-parte decree has been issued has the following remedies:
Application to set aside the ex-parte decree under Order 9 Rule 13.
A defendant can make an application under this order because the summons had not been served properly and he had sufficient grounds for the nonappearance before the court. The defendant has a thirty days time period to apply, setting aside the suit. If the plaintiff did not appear, he may apply to set aside the order of dismissal after the lawsuit has been dismissed. The order dismissing the lawsuit may be reviewed and a date set for its continuation if the court finds the reason for non-appearance to be a sufficient justification.
In the case of Chhotalal Mohanlal v. Ambalal Hargovan (1925), the Bombay High Court stated if the party came late and a decree had been passed, then the party was entitled to restore his suit after paying the cost to the court.
In Subodh Kumar v. Shamim Ahmed (2019), the Supreme Court held that if the defendant proves that the summons had not been served properly, then the court could set aside the ex parte decree passed against all the defendants.
An appeal under Section 96(2) CPC
The defendant can also make an appeal against the ex parte decree under Section 96 (2) of the Code before the special bench of the High Court. The defendant has a statutory right to appeal under Section 96 (2) of the Code and it can not be denied because the application filed under Order 9 Rule 13 was dismissed. This Section states that the aggrieved party against whom a decree was passed has at least one right to file an appeal to the higher authorities.
In Bhivchandra Shankar More v. Balu Gangaram More and others (2019), the Supreme Court held that the right to appeal is a statutory and substantive right of the party, and such rights cannot be taken away from the defendant. Hence, the defendant can use both the remedies application under Order 9 Rule 13 and the appeal under Section 96 (2) of the Code.
Revision application under Section 115 CPC
When there is no appeal available against the decree, the defendant can file a revision application under Section 115 of the Code in the High Court. The High Court has the authority to examine the orders and decrees passed by its subordinate courts when the subordinate court fails to exercise its jurisdiction and fails to settle the matter, or when the subordinate court does not have jurisdiction over the matter. The defendant can appeal the revision application when the final decree has been pronounced or the High Court can also take it suo moto. The deadline to submit a revision application is 90 days from the degree or order that is being sought to be revised.
The High Courts have been given revisional authority to provide the aggrieved party with a remedy if the justice process is hampered by statutory mistakes. If it is determined that a subordinate court has not acted according to the power provided to it by law within its jurisdiction, the High Court has been given the authority to review the matter.
In the case of Chandu S/O Jagannath Ambekar v. Digambar S/O Kisanrao Kulkarni (2004), the Bombay High Court held that an application under Section 115 of the CPC is not maintainable because it can be only when the aggrieved party does not have a remedy to file an appeal under Section 96 of the Code and when the final order has been passed.
Review application under Order 47 Rule 1 CPC
The defendant can apply to Order 47 Rule 1 and Section 114 of the Code to review the order passed by the court. A review application can be filed when there is some new evidence discovered, any fault discovered by the court, or any sufficient cause. Any aggrieved party can file a review application against whom a decree has been passed, and an appeal is allowed from that decree, but no appeal is filed. A review application shall be filed within thirty days after the decree has passed.
There is no legal restriction on filing an appeal from such a decree or order once the review application is filed. The review application cannot be extended if the appeal is so preferred and resolved by the speaking order, i.e., on merits, before the review application. When the court does not find sufficient grounds for review of the application, it will be dismissed. But if the court agrees that it does, then the request will be granted and also serve notice on the opposing party to provide him with the opportunity to appear and defend the decree or order under review.
In the case of Chajju Ram v. Neki (1922), the Court stated that the review application was permitted on three grounds, i.e., new material found, mistake or error, or any sufficient ground. There is no doubt that the third ground mentioned widens the scope of the grounds for review, but at the same time, that “sufficient reason” must be at least similar to either of the other two grounds.
In the case of Parsion Devi and Ors. v. Sumitri Devi And Ors. (1997), it was stated that if there is a mistake or error that is obvious from the record’s surface, then the judgement may be subject to review. It is difficult to claim that a mistake that needs to be proven through rational analysis is obvious from the record on its own and justifies the Court using its review authority under Order 47 Rule 1 CPC.
A defendant can file a suit if the plaintiff obtained an ex parte decree by committing fraud against the defendant. The burden of proof is on the defendant to prove in the court the ex parte decree that has been passed is fraudulent.
If it is proved in the court that the suit filed by the plaintiff does not disclose the cause of action or the suit is barred by the limitation act, the court can reject the plaint filed by the plaintiff.
Limitation for filing an appeal
After receiving the summons from the court, the defendant will have thirty days to file his written statement against the plaintiff’s plaint. The defendant either accepts the claims made in the plaint or rejects them. The defendant can also raise new facts in his written statement. Order 8 Rule 2 of the CPC deals with the written statement. A written statement can be filed by the defendant itself or by its legal representative. If the defendant fails to file the written statement within thirty days, then the defendant will have ninety days to file the written statement. The reason for the time extension is recorded, and it will not be extended anymore.
When there is more than one defendant in a suit, they can file one written statement, which is duly signed by all the defendants. Defendants can also file different written statements. If the defendant fails to submit the written statement within one hundred twenty days(i.e., 30 days plus 90 days), then the court will pass an ex parte decree and the defendant’s right to file a written statement will be forfeited.
In the case of SCG Contracts India Pvt Ltd v. K S Chamankar Infrastructure (2019), the Supreme Court held that the defendant has 120 days to file a written statement. If the defendant fails to file, their rights will be forfeited. The court shall not allow the recording of the statement under Order 8 Rule 1, and the court does not have the power to accept the written statement after the expiry of 120 days as per the provisions of Order 8 Rule 10.
When plaintiff does not appear
During the proceedings, when the defendant has appeared in the court but the plaintiff is absent and the defendant does not admit the claim filed by the plaintiff, the court shall dismiss the suit filed by the plaintiff. If the defendant admits the claim, the court will issue a decree under Order 9 Rule 8 against the defendant based on the defendant’s admissions and dismiss the case for the remaining portions of the claim.
If the case was dismissed the plaintiff can file a fresh suit or file a petition to set aside the order under Order 9 Rule 4
The respondent failed to file the written statement after several notices and summons were duly served. Neither the defendants nor their legal representatives were present before the trial court. Thereafter, the trial court passed an ex parte order. The other defendants applied to Order 9 Rule 13 of the CPC to set aside the order, which was refused by the trial court and the High Court as well. The defendant appealed to the Supreme Court against the order of the subordinate court. However, the Supreme Court held in this case that the defendants were not allowed to file the written statement as they missed several opportunities, but they were permitted to participate in the suit, cross-examination, and make submissions on merit.
Vishwabandhu v. Sri Krishna & Anr., 2021
In this case, the defendant refused to accept the summons, an ex-parte decree was passed, and court proceedings were initiated against him. The suit property was put up for auction in which the appellant was the bidder. Later on, the defendant applied to Order 9 Rule 13 of the CPC. The Supreme Court held that if the defendant or duly assigned person refused to take any postal article containing a summons, it would be considered that the summons was duly served. Hence, the application is not allowed under Order 9 Rule 13.
In this case, the appellant, i.e., the landlord, initiates the proceedings against the respondents, i.e., the tenants, before the rent controller. The rent controller passes the ex parte order to deposit the arrears of rent. Since the tenants failed to comply with the order, the Rent Controller approved the eviction petition by issuing an ex-parte decree. The tenant applied to set aside the ex parte decree when the court’s administrator came to take possession of their shops. The tenant sought pardon for the delay of 175 days for setting aside the ex parte decree. The Madras High Court in this case held that the delay of 175 days was bona fide and it was satisfactorily explained before the court, hence the application was allowed.
N. Mohan v. R. Madhu, 2019
In this case, the respondent had filed a money recovery suit in Tiruchirappalli and the judge passed an ex parte decree as the appellant did not appear before the court. The appellant applied to Section 5 of the Limitation Act to accept the delay of 276 days in applying for Order 9 Rule 13 of the CPC. The appellant pleaded that the summons had not been served properly as his address had been changed. He did not receive the summons. The petition filed by the appellant had simultaneously been dismissed by the District Judge, High Court, and Supreme Court. He filed the first appeal under Section 96 (2) of the CPC in the Madras High Court, which was rejected, but the Supreme Court set aside the order passed by the High Court and allowed the appeal. The Court determined that the appellant must be given a chance to be heard even if it did not discover any flaws or malicious intent on his behalf.
Conclusion
The appearance of the parties in court is essential. The parties can present themselves or their legal representative in court to represent the case. If both parties were not present, the court could dismiss the suit. If the defendant ignores the court’s notices and fails to appear in court, the court will send the summons to the defendant. The court will pass an ex parte decree. Defendants have certain remedies against the ex parte decree. If the defendant proves sufficient grounds for non-appearance in court, the court will then set aside the ex parte decree. A fair hearing is the principle of natural justice. And the court will make sure that no injustice will be done to any of the parties. Hence, it is necessary to prevail so that both parties can get equal opportunities to present their case in court.
To access a draft application under this Order, click here
Frequently Asked Questions (FAQs)
What is the difference between a decree and a judgement?
A decree is defined under Section 2(2) of the CPC, whereas a judgement is defined under Section 2(9) of the Code. A judgement is a decision pronounced by the judge after hearing the arguments and examination of witnesses and evidence. A decree is an official order of the court which determines the rights of both parties after the judgement is held. Decrees are only passed in civil cases.
Does the doctrine of Res Judicata apply to ex parte decrees?
Res judicata restrains the party from filing a suit in the same court or a different court on the same issues and facts. It says that once the matter has been decided, it can not be raised again. An ex parte decree is a decision on the merits; it can serve as res judicata. The court that issues the decree examines the merits of the matter, renders a decision, and issues the decree.
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This article is written by Samiksha Madan, a student of Symbiosis Law School, Hyderabad. This article analyzes the provision of criminal elopement entailed under Section 498 of the Indian Penal Code, 1860.
Marriage has been a fundamental institution of social life since the Vedic era, but it appears as though its exploitation has now surpassed conjugal love. A number of significant reasons, including the advancement of technology, the rise of materialism, and legal initiatives, have contributed to changes in the institution of marriage. The entire Indian Penal Code, 1860 (IPC) deals with criminal offenses, their justifications, and their associated penalties. Induced adultery of a married woman by another man is addressed in Section 498 of the IPC. Among the many types of offenses against women, offenses against marriages include, among others, fraudulent marriages (S.493 & 496), bigamy (S.494 & 495), adultery (S.497), and criminal elopement (S.498) under Chapter XX of the Indian Penal Code, 1860. Courts have widened the scope of such offences over time to encompass a variety of contemporary situations. Article 51A(e) of the Indian Constitution requires all citizens to abstain from practices that are derogatory to the dignity of women. Additionally, there is a need for broad legal reforms to safeguard a married woman’s physical and emotional integrity from her husband’s violent behaviour. The article entails the concept of criminal elopement and various important decisions pronounced with respect to Section 498 of the Indian Penal Code.
Criminal elopement under Section 498 IPC
(a) Meaning
“Enticing or taking away or detaining with criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with the intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
Section 498 punishes a person who takes or entices a married woman from her husband with the intent that she may have illicit intercourse with any person.
Illustration – R and S are married. D, a man entices and lures away S, the wife of R to have illicit intercourse with him. Here, R has a right to protection provided under Section 498 IPC and D would be liable under this provision.
(b) Object
The purpose of Section 498 and Section 497 of the Indian Penal Code is to shield the husband against unlawful intrusion into his marital life. Additionally, it is done to uphold and defend the husband’s rights against such an unlawful incursion and punish any person who is accused of it. The primary offence entails depriving the husband of custody and authority over his wife in order to have an intimate relationship with her. In Alamgir v. State of Bihar (1958), the Supreme Court noted that the policy underlying the provision of Section 498 of the Indian Penal Code may appear to be at variance with contemporary ideas about the status of women and the reciprocal rights and obligations of marriage. However, that is a policy issue with which the courts are unconcerned.
(c) Ingredients
1. The woman must be the wife of another person
An essential ingredient for holding a person liable under Section 498 of the Indian Penal Code is that the woman so enticed or taken away must be the wife of another person. For instance, if A is a woman, and F is a man who entices A to have illicit intercourse with him, F would be held liable under this section only if A is married to a man. Provided that the marriage is not voidable, any person who has enticed or taken away such a woman shall be held liable. Therefore, the necessity for there to be proof of marriage was stated in the case of Emperor v. Nazir Khan (1913).
2. The accused must be aware that she is the wife of another person;
It was stated in the case of Emperor vs. Jagannath Gir and Ors.(1937)that the expression “such women” stated in Section 498 of the IPC, 1860 refers to women whom the accused knows to be the wife of another or has a reason to believe the same, rather than merely a woman who has been enticed or taken away by the accused person. Another requirement for punishing an accused for an offence under this Section is knowledge or a reason for the accused to believe that the woman is the wife of another. For instance, if A, a woman, is married to B, and G, another man, knowingly and deliberately entices and takes away A from her husband’s control in order to have illicit intercourse with her. Here, G would be held liable for the offence under this section.
3. The accused must have enticed or taken away the woman from her husband;
Taking away implies that there must have been some sort of influence on the woman, or some act or assistance that worked in conjunction with her predisposition at the time the final step was taken, resulting in the severance of the woman from her husband accompanied by an intention. It does not necessarily imply a violent takeover. It must, however, be done for the purpose outlined in the Section. Furthermore, ‘taking away’ is distinct from ‘enticing’. When the accused takes the wife of another away with him, the act of taking is complete, whether she was willing or not. The word ‘entice’ involves an idea of inducement in the other through exciting hopes or desires. The offence under Section 498 IPC was not made out when the woman declined to go with her husband and it could not be proven that the enticement was intended to engage in illegal intercourse. A woman must be enticed in a way that she is separated from the husband’s control. For instance, where A and B are married, B, the wife of A, has to be enticed, such that she is taken away from A’s control, which would amount to criminal elopement under this provision.
The Bombay High Court observed in Emperor vs Ramnarayan Baburao Kapor (1936), case that where the brother of a married woman who had eloped with the accused lodged a complaint against the accused for an offence under this section, no action was taken by the Court because it was not demonstrated that he had the husband’s authority to care for her. As a result, taking or enticing must come from the lawful authority of the husband or any individual having care of her.
4. Such taking or enticing must be with the intent that she may have illicit intercourse with any person.
To uphold a conviction under Section 498, it must be proven that the woman was enticed or brought away from her husband’s home and detained for the purpose of unlawful intercourse, as held in the case of Prem Nath Laroiya vs. The State (1972). The fact that she was just observed outside the accused’s residence is insufficient. The intention of the accused plays an important role under the provision. Illegal intercourse is any sexual activity with a person she has not been given in marriage throughout the lifespan of her husband. A woman cannot be penalised as an abettor in this offence, as is defined by Section 497.
Who can file a complaint for an offence under Section 498 IPC
A complaint for an offence under Section 498 of the Indian Penal Code can be filed by the husband or, in his absence, by any other person who is in the care of such a woman. Section 198(2) of the Criminal Procedure Code, 1973, specifies that for the purposes of Section 198(1), no person other than the husband of the woman will be deemed to be aggrieved by any offence punishable under Section 497 or Section 498 of the Indian Penal Code: Provided, however, that in the absence of the husband, any person who looked after the woman on his behalf at a time when the offence was committed may, with the court’s permission, submit a complaint on his behalf. The above-mentioned observation was laid down in the case of BS Puttaswamy Sannaiah v MS Shamla Kumari Puttaswamy (2007).
Both men and women are capable of committing an offence under Section 498. Undoubtedly, the fact that such a woman could engage in criminal sexual activity with any man is a key component of the crime. However, a woman is equally capable of enticing or taking away. Such a woman may then be penalised in accordance with this provision. The wife’s consent is not relevant and cannot be used as a defence against a charge under this clause. A wife cannot be punished as an abettor.
Nature of Section 498 IPC
The nature of Section 498 is as follows:
Bailable or Non-Bailable – A bailable offence is one in which the accused is granted bail as a matter of right, whereas a non-bailable offence is one in which bail is not granted, subject to the court’s discretion. Section 498 is a bailable offence, whereas Section 498A is a non-bailable offence.
Cognizable or Non-Cognizable – Cognizable offences are those in which the police can make an arrest without the court’s permission and can act on their own initiative. These crimes are heinous in nature, including rape, murder, forgery, etc. Non-cognizable offences, on the other hand, are those in which the police have no authority to arrest a person without the approval of the court. These are not as serious as cognizable offences and include offences such as theft. Section 498 is non-cognizable and Section 498A, on the other hand, is cognizable because causing physical or mental harm to a wife is a serious offence.
It should be highlighted that an offence committed under Section 498 can be tried by any magistrate, in contrast to the other marriage-related offences, which are triable by the Magistrate of the First Class.
Meaning of the word ‘enticement’ in Section 498 IPC
The act of enticing, alluring, or tempting is referred to as enticement. To entice is to wrongfully solicit, allure, attract, coax, persuade, seduce someone, or to lure, induce, attempt, instigate, or persuade someone to do anything. [United States v. Joseph (2008)]. Although the word ‘enticement’ is not defined in the Code, it is understood to mean to take something away by inciting lust or desire or any such persuasion. In order to prove the guilt of the accused under the terms of the Section, there must be tangible evidence (Norman O’Conner v. Emperor, 1935). Where P, the head of XYZ Co., by promising promotion to S, a married woman, entices and takes her away for the purpose of having illicit intercourse with her, would be held liable for an offence under this section.
The essence of the word ‘detain’
Although the word ‘detains’ may refer to holding someone against their will, this interpretation is implausible given the context of the Section. If the purpose of the Section were to protect the wife, such a construction would have been obvious. However, because the purpose of the Section is to protect the rights of the husband, it cannot be used as a defence against the charge to claim that while the husband has been deprived of his rights, the wife is willing to injure those rights and thus the person responsible for her willingness has not detained her. Detention in this context must mean withholding a wife from her husband or any other person caring for her on behalf of her husband with the requisite intent of illicit intercourse. Such restraining may be done with force, but there is no obligation to do the same as such. It can be the result of persuasion, allurement, or blandishments that either caused the woman’s willingness to leave her husband or encouraged or co-operated with her initial tendency to leave her husband. If the wife’s willingness is immaterial and cannot be used as a defence in the first three categories listed in Section 498, it cannot be used as an underlying condition in dealing with the final category of detention listed in the statutory provision.
Role of consent under Section 498 IPC
In this Section, the phrase ‘enticement’ refers to some form of persuasion. In order to ascertain a person’s guilt under this provision, it must be proven that the enticing of another’s wife was to take her away from the control of her husband. As a result, although there is an aspect of consent, that consent is influenced. This part requires four conceptions. It states that a lady can be taken away, enticed away, concealed, or detained. In the first three class of cases that is – Taken away, enticed away, concealed; the consent of the woman is irrelevant. For that, one has to prove that the said consent was induced or encouraged by the accused by words or by committing any other act, by the pretence of marrying her.
How is Section 498 IPC different from Section 366 IPC
When read broadly, Sections 366 and 498 refer to offences such as kidnapping, abduction, enticing, or taking away women, all of which are punishable under the Code. They can, however, be distinguished in the following ways.
Sr.no.
Section 366 IPC
Section 498 IPC
1.
This Section applies to those cases wherein the woman is kidnapped or abducted, such that they are unresponsive to the criminal intent of the accused and are an unwilling party.
This Section applies to cases where the husband is deprived of custody and authority over his wife.
2.
The aim is to protect the woman who is sought to be kidnapped/abducted by another.
The aim is to protect the rights of the husband over his wife.
3.
It is a non-bailable offence.
It is a bailable offence.
4.
Amounts to imprisonment of up to 10 years and a fine.
Amounts to imprisonment of up to 2 years, or fine, or both.
5.
An offence under this Section is a major offence.
An offence under this Section is comparatively, a minor offence.
6.
It is a cognizable offence.
It is a non-cognizable offence.
Important case laws
Alamgir v. State of Bihar (1958)
In Alamgir & another v. State of Bihar [1956], the wife vanished from her husband’s home. She was found with the appellant’s brother in his home. When the husband approached the appellant and requested that his wife be returned, the appellant informed him that he had married her wife, and the appellant’s brother intimidated the husband and ordered him to leave. The appellants were found guilty in the trial court and sentenced to two months in simple jail. The Session Court upheld the judgement and lowered the sentence to a fine of Rs.50 each. On subsequent appeal, the High Court sentenced the appellants to six months of severe imprisonment under Section 498 of the Indian Penal Code, 1860. It was determined that if a man willfully goes away with another man’s wife in such a way as to deprive the husband of his control over her, with the intent to have illicit intercourse, he would commit an offence under the Section.
Singana Naga Nooka Chakrarao v. State of U.P., (2007)
The petitioner-accused was tried for offences under sections 497 IPC (adultery) and 498 IPC in the present matter (criminal elopement). The Trial Court convicted him under both the offences and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs. 500/- and to suffer simple imprisonment for one month for the offence under Section 497 of the IPC and simple imprisonment for three months and to pay a fine of Rs. 300/- to suffer simple imprisonment for one month for the offence under Section 498 of the IPC. The Appellate Court upheld the judgement and punishment under Section 498 of the IPC while acquitting him of the offence under Section 497 of the IPC.
This case establishes that the foremost point to prove in a case under this Section is the intention of the accused, i.e., whether the accused enticed the married woman in order to illicit intercourse with her.
Emperor v. Madan Gopal (1912)
A magistrate of the second class in the Benares district found the applicant guilty of violating Section 498 of the Indian Penal Code by enticing away Musammat Kharag Kumari, the complainant’s wife. The applicant appealed to the District Magistrate but was unsuccessful. Subsequently, he made an application to the High Court to have the conviction overturned on the basis that there is no proof he enticed the woman away and that she is not the complainant’s legally married wife. However, the appeal was rejected on the grounds of the applicant not being able to rebut the presumption of there being a valid marriage. Therefore, it was held in this case that Section 498 IPC would be applicable to only those cases wherein the marriage is recognized and valid in the eyes of the law.
Conclusion
The status of women at the time when the IPC was enacted, i.e., the 1860s, was different than what it is today. As a result, it was considered that a woman could not commit an offence like adultery. If a woman has engaged in sexual activity with another man outside of marriage, that man is accountable for forcing her into adultery by luring her away with the promise of engaging in sexual activity. The nature of matrimonial offences is multifaceted and multi-causal. With a straitjacket approach, it is impossible to fairly address them. It goes beyond “socioeconomic levels and culture.” However, there are undoubtedly certain underlying factors that are common. The gender-specific nature of these offences makes it clear that the rising cases of matrimonial offences against women are strongly rooted in indifference and negligence, which are essentially the outcome of widespread acceptance of men’s supremacy over women. Therefore, there is still a long way to go for such laws to have optimal usage.
Frequently Asked Questions (FAQs)
Is an offence committed under this Section compoundable in nature?
The offences committed under Section 498 of the Indian Penal Code are non-cognizable, bailable,and compoundable in nature and can be tried by any magistrate.
Does consent of the wife hold any relevance under this Section?
No. The consent of the wife is irrelevant and is not a defence to a charge under this Section.
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This article is written by Amit Chaturvedi pursuing a Diploma in legal drafting at Lawsikho. This article has been edited by Ojuswi (Associate, Lawsikho).
As per Merriam- Webster Dictionary, “Lien” is defined as “a charge/ penalty upon real or personal property towards the satisfaction of some debt or duty derived by the use of law”. In legal terms, lien means rights of bailee to retain the goods & securities (held by bailee) owned by the bailor until the total debt due to him is paid off. It allows the bailee/ creditor the right to retain the security and not the right to sell it. In simple terms, a lien means the right to keep somebody’s property until a debt is paid and not the right to sell it to someone else. A Bailee always has the right to lien against Bailor. This article will provide a quick understanding of Lien and their types, various aspects of Banker’s Right to Lien and the procedure adopted by Banks while set-off of a particular lien.
Types of Lien
A lien may be categorised into Particular/ Specific Lien and General Lien.
Particular/Specific Lien:
This is a lien wherein a person, who has made expenses either by rendering any services in the form of labour or skills on a particular item, has a right to retain such goods until the due remuneration is paid to him against the rendered services. This is mentioned under Section 170 of the Indian Contract Act, 1872.
For example, A gives his car to a mechanic for servicing against consideration of Rs. 4500. The mechanic after rendering the due scope of service will be right to keep A’s car in his custody until he is remunerated for his services.
A bailee can exercise his right to a particular lien in scenarios, wherein:
There is an involvement of any labour or skills
There is a performance of services as per the agreed scope of services.
The payment is due to be made by the bailor.
General Lien:
This is a lien wherein any goods bailed can be retained as security (in the absence of a contract) if any amount is due to Bailee. Such rights are assigned and limited to the following category of people.:
Bankers
Factors,
Wharfingers (owner of dockyards used for parking ships).
It is important to note that persons other than those mentioned above can have the right to a general lien only in case any contract is explicitly made to the effect.
The goods excluded are the documents related to litigation, Contracts, and legal documents. This also includes lockers as the lockers are taken for the safe custody of ornaments and important documents.
What is Set-off
It is the legal right of the bank to set off or adjust the debit amount against the credit amount in the balance of the same borrower. The right of set-off is also known as the right to balance debit with credit or a combination of accounts.
For example, X buys a mobile from Y, for Rs.10,000. Later, A sells to B Bluetooth headphones worth Rs.5000. B is perfectly entitled to set off the cost of headphones against his liability for mobile and needs to pay only Rs.5000 as a settlement towards the net debt.
Difference between Banker’s Lien & Set-off
A banker’s lien differs from the right to set off. A lien is confined to only the securities and property upon which banks have custody. A set-off relates to money and may arise from a contract or mercantile usage, or by using the law.
Banker’s Right to Lien
It is a condition that entitles bankers to recover their due amount by selling the goods of debtors, which are in their possession. The recovery can only be made once a reasonable time and notice are provided to the debtor. In other words, a bank has the right to retain the Goods and securities of a customer until the customer pays the bank’s dues. The bank can sell these goods after giving due notice to the customer as per the law.
These goods are the ones that Banker has possessed during the ordinary course.
Lien is not permissible in the following scenarios:
When there is an express Contract e.g., Counter Guarantee.
When there is no mutual demand b/w Banker and customer.
When the valuables are put in with banks under safe custody e.g., lockers.
The banker has no lien on the bill of exchange or other documents entrusted to him for some special purpose.
The right of the lien provided to the banker is not barred by law of limitation. The effect of limitation is only limited to bar the remedies available under law and not the discharging of the debts.
Credit and liability must be the same rights. For example, if a person has a current account or a deposit account and there is a debt due from a firm, then the right to lien is not applicable since the credit and liability do not exist in the same rights.
Conditions when Banker can choose the Right of Set-off
The banker’s power to combine different accounts of a person against the debt it holds against the same person is called the right to set off.
Some important requirements to initiate set-off are
All the funds must prima facie belong to the customer.
When debt amounts are certain.
When the debts are in the same rights.
There is no contract expressed or implied in contrast.
Case laws
Right of Lien
Chettinad Mercantile Bank Ltd. v/s PL.A. Pichammai Achi AIR 1945
It was held that the right of a banker to keep possession of items delivered to him if and so long as the customer to whom the things belonged or who acquires the power of disposing of them, when so delivered, is indebted to the banker on the balance of the account between them, provided the banker has obtained possession in such circumstances which do not imply that he has agreed to eliminate this right.
City Union Bank Ltd v/s Thangarajan (2003)
It was observed that the bank gets the right of a general lien w.r.t. all securities of a customer including negotiable instruments and Fixed Deposits, but only to the extent to which that customer is liable. In the event that the bank fails to return the balance amount to the customer, and the latter suffers a loss thereby, the bank will be liable to pay associated damages to the customer. In the above case, the Court has relied its decision on the principle which states that for invoking a lien by a bank, there should exist interdependency between the bank and the customer. Detaining the customer’s properties beyond the total liability is unauthorised and would attract damages as a liability on banks.
Right of Set-off
Radha Raman Choudhary & Others v. Chota Nagpur Banking Association Ltd. (1945)
In this case, the plaintiff’s father had a fixed deposit with the bank and had also executed four hand notes jointly with certain persons, in favour of the bank. Plaintiff’s father died and the fixed deposit account was transferred to the names of the plaintiff on their undertaking of all the liabilities of their father to the bank.
The bank, without the knowledge of the plaintiffs, adjusted the fixed deposit against the dues on the aforesaid hand notes. The plaintiffs filed a suit against the bank claiming the amount of the deposit which had been adjusted as mentioned above. They contended that their father was merely a surety for the other executants of the notes and not a principal debtor. Alternatively, the plaintiffs sought a decree against those executants (or their legal representatives) for different portions of the amount adjusted, if the court held that the adjustment made by the bank was legal. The high court made a clear distinction between a lien and set off in the light of Section 171 of the Indian Contract Act made in this case. It was held that the banks have a right to merge one or more accounts of the same customer, but a bank cannot combine a customer’s personal account with a joint account of the customer and another party.
I.S. Machado v. Official Liquidator of Travancore National and Quilon Bank Ltd., 1941
This case has drawn a distinction between Indian Law and England Law. In India, if a debt is incurred by the members of a partnership, they will be jointly and severally liable. So far as the amounts due to the members of the firm are concerned, the claim will be a joint claim both in England and in India. Consequently, if X and Y, who are the members of a firm sue Z, Z cannot set off a debt due by X alone, whereas if Z sues X & Y, X can set off a debt due by Z. It was held that a partner can claim a set of a debt due from his partnership to a bank against the credit balance on a deposit account in his name with the bank.
Conclusion
The Right to Lien is an instrument that can be used by a banker in the event of any default from the borrower. However, a bank needs to decide the reasoning for enforcement of this right given to them by Law. They need to ensure that only the legitimate amount is retrieved from the borrower’s asset (only when allowed by law) and in line with Sections 170 & 171 of the Indian Contract Act, 1872. A banker should not execute a right of lien when there is an express Contract.
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This article is written by Shraddha Jain, a student of the Institute of Law, Nirma University, Ahmedabad. The article discusses anti-competitive agreements, abuse of dominance, acquisitions, and mergers in order to establish an effective competition regime in India. It also discusses several important decisions concerning the Competition Act, 2002.
It has been published by Rachit Garg.
Table of Contents
Introduction
The Parliament of India passed the Competition Act, 2002 on January 13, 2003, which repealed the Monopolies and Restrictive Trade Practices Act, 1969. It came into force on March 31st, 2003. The Competition Act, 2002 was changed twice after its enactment, with the Competition (Amendment) Act, 2007 and the Competition (Amendment) Act, 2009. It was a result of India’s drive for globalisation and economic liberalisation. The primary goal of the Act is to control the anti-competitive behaviour of a firm or company that has a negative impact on competition in India’s market. Furthermore, the Act seeks to encourage and maintain market competition, safeguard the interests of consumers, and safeguard market freedom in our country.
The Competition Act, 2002, was adopted in India to achieve the dual goals of regulating anti-competitive conduct and lending support to the agreements of the World Trade Organisation (WTO). The Act also establishes the Competition Commission of India (CCI) as a market controller for stopping and controlling anti-competitive behaviour in the country. It also establishes the Competition Appellate Tribunal (COMPAT), a quasi-judicial authority formed to listen to and decide on appeals against any direction issued or decision taken by the CCI.
Evolution and development of Competition Act
The Monopolistic and Restrictive Trade Practices Act, 1969
The Monopolies and Restrictive Trade Practices Act of 1969 (MRTP Act) was the first competition law established in India. The MRTP Act came into effect on June 1st, 1970, with the goal of ensuring that the functioning of the market structure did not result in the concentration of the economy in a few hands. It also prohibited monopolistic and discriminatory acts that are harmful to the public at large.
Economic liberalisation and the abolition of the MRTP Act in 1991
In 1991, economic liberalisation was introduced, which was a major turning point for Indian markets in the globalised world. With the elimination of trade barriers, the nation began to face competition from both within and beyond the country. As a result, in order to pave the way for globalisation, India implemented plenty of new economic plans, reduced government interference, and progressively started opening opportunities for industry and international investment. Among such new provisions, plenty of changes were made to India’s competitive system, such as:
Amendment to the Monopolies and Restrictive Trade Practices Act has eliminated-
the method of pre-entry critical examination of investment by MRTP Industries,
the scope of MRTP in mergers, acquisitions, and combination, and
the precondition of government permission for spreading and forming new enterprises.
Following economic liberalisation in 1991, it became essential to establish a competition law system that was more relevant to domestic economic forces and compatible with international practices.
Emergence of Competition Act, 2002
The Indian Parliament enacted the Competition Act in 2002 to govern the anti-competitive behaviour of firms in the Indian market. It was introduced to avoid behaviours that have an Appreciable Adverse Effect on Competition (AAEC). The goal of the Competition Act, 2002 is to develop and preserve an open, just, competitive, and creative environment that will protect the interests of consumers and foster long-term economic progress in the nation.
According to the Act, MRTP has become outdated and unnecessary as a result of worldwide economic trends. Hence, there is a need to switch from ‘curtailing monopolies’ to ‘supporting competition’.
The Competition Act, 2002 was modified by the Competition (Amendment) Act 2007, which came into effect on May 20, 2009, when the Indian government notified some sections of the Competition Act relating to anti-competitive agreements and abuse of dominant positions.
After three more years, in June 2011, certain provisions related to acquisition control came into force.
Difference between MRTP Act, 1969 and Competition Act, 2002
Point of difference
MRTP Act, 1969
Competition Act, 2002
Meaning
The MRTP Act is India’s first competition law, consisting of laws and regulations that govern discriminatory market practices.
The Competition Act, 2002 was established to encourage and maintain economic competition and protect commercial liberty.
Basis
MRTP Act 1969 was based on the pre-liberalisation and pre-globalisation phases.
The Competition Act, 2002 is based on a modernised economy after liberalisation and globalisation.
Purpose of the Act
To prevent monopolistic markets and unjust practices.
To encourage competition and maintain business autonomy.
Nature of the Act
MRTP Act, 1969 is reformatory in nature.
Competition Act, 2002 is punitive in nature.
Offences
It contains fourteen offences that violate the notion of natural justice.
It only acknowledges four offences that are regarded to be violative of the concept of natural justice.
Appointment of the chairman
The central government appointed the head of the MRTP Commission.
The chairman of the CCI will be chosen by a panel composed of retired judges and other professionals with expertise from various fields like trade, commerce, industries, finance, and so forth.
Penalty
There is no punishment for the violation.
Offences under this Act are punishable.
Importance of Competition Act, 2002
The Competition Act is concerned with enforcing rules to ensure that firms and corporations compete effectively with one another. This promotes entrepreneurship and productivity, increases customer choices and helps reduce prices and enhance quality.
Low prices: Offering a lower price is the easiest approach for a firm to achieve a large market share. Prices are driven down in a competitive market. This is not simply beneficial to consumers; where more people can afford to buy items, it motivates firms to produce and helps the economy as a whole.
Innovation: To develop high-quality products, firms must be innovative in their product concepts, design, manufacturing processes, services, and so on.
Better quality: The Competition Act encourages firms to enhance the quality of their goods and services in order to attract more consumers and extend their customer base. Quality can refer to a variety of things, including items that last longer or perform better, better after-sales or technical advice, and better service.
More options: In a competitive market, firms will seek to differentiate their products from the competition. As a result, consumers have more options, allowing them to choose the product that provides the most value for money.
Features of Competition Act, 2002
The following are some of the main features of the Competition Act:
Anti-competitive agreements: The competition law forbids any agreement involving two or more firms or individuals to maintain market competition and serve the public interest in India.
Dominance-abuse prevention: Any firm that exploits its dominating position will be penalised.
Anti-cartels: Any agreement between businesses or individuals that harms competition is a civil offence.
Mergers and acquisitions: The Commission will only approve mergers and acquisitions if they do not undermine market competition.
Informative nature of this act: In order to provide clarity and avoid misunderstandings between companies or people, a business must notify CCI of any interactions that are likely to harm market competition prior to adopting such action or engaging in such an agreement.
Key concepts of Competition Act, 2002
The Competition Act, 2002 primarily covers four aspects.
Anti-competitive agreements
Abuse of the dominant position
Combinations and their regulation
The Competition Commission of India
Anti-Competitive Agreements
Anti-competitive agreements are agreements among companies in a commercial transaction that have the ability to weaken competition in a specific market or enrich one specific group at the cost of the others. Such anti-competitive contracts are prohibited by the Competition Act, 2002.
The word ‘agreement’, as mentioned in Section 2(b) of the Competition Act, 2002 does not necessitate the use of a legal instrument to be signed by the parties. It may or may not be in writing. The definition provided is evidently broad rather than exhaustive, and it includes a number of issues. The primary reason for having a wider definition of ‘agreement’ under the Competition Act, 2002 is that those individuals who engage in anti-competitive behaviour are unable to get into an official written contract in order to suppress their conduct.
Section 3 of the Competition Act, 2002 makes it illegal to enter into any agreement pertaining to the manufacturing, sale, transport, warehousing, purchasing, or management of goods and services that has or is likely to have an adverse effect on the market in India. Section 3(2) further specifies that any agreement entered into in contravention of this provision is null and void.
The Competition Act aims to govern two types of agreements:
Horizontal Agreements, and
Vertical Agreements.
Horizontal Agreements
Section 3(3) of the Competition Act, 2002 talks about horizontal agreements. These are agreements between two or more business entities working at the same level of production and distribution. Under the Competition Act, some forms of horizontal agreements are deemed to have an appreciable adverse effect on competition in India. This assumption does not suggest that all horizontal agreements are always anti-competitive; the companies involved in such a contract must produce proof that their contract will not have an appreciable adverse effect on competition.
An example of horizontal agreement is when two manufacturers of a particular commodity fix the price of their commodity.
Some horizontal agreements that are prohibited under the Competition Act, 2002 are as follows:
Agreements involving the explicit or implicit setting of the commodity’s buying or selling price.
Contracts that limit or regulate the manufacturing, sales, expenditure, or service provisions for specific goods and numbers.
Contract related to market sharing.
Contracts for bid rigging: Section 3(3)(d) defines bid rigging as an agreement between two parties engaged in a similar business that has the effect of removing or lowering bid competition or adversely affecting or influencing bidding.
Agreements in the form of cartels: Cartels, in reality, are confidential contracts between corporations that exist only to fix prices or share markets. They pose a substantial danger to competition and, as a consequence, choke free trade.
Vertical Agreements
Section 3(4) of the Competition Act, 2002 talks about vertical agreements. These are the agreements formed between firms or individuals at various levels or tiers of the manufacturing chain. Vertical agreements are normally allowed unless it has been proven that they create, or are likely to induce, an appreciable adverse effect on competition in the Indian markets. The Competition Act contains an inclusive list of vertical agreements that may be banned based on their impact on competition situations in India.
For example, an agreement between a producer and a supplier that has the ability to affect competition in the market can be termed a vertical agreement.
Various vertical agreements permitted under the Competition Act, 2002 are as follows:
Tie-in agreement
Exclusive supply agreement
Exclusive distribution agreement
Refusal to deal
Maintenance of resale prices
Abuse of dominant position
When an individual or a firm is in a stronger position, which allows them to act freely irrespective of competitive pressures in the market sector, they are said to be in a dominant position. They also have a positive influence on their rivals, customers, or the current market situation. A dominant position refers to a company’s power in a particular market in India that allows it to function freely irrespective of business pressures.
To establish an abuse of dominant position, a corporation must first have a dominant position in terms of a specific product and the geographic market for that product. Section 4 of the Competition Act, 2002, focuses on the prohibition of such misuse. It implies that no firm or organisation should use its dominating position to its benefit. It also illustrates what activities can be considered an abuse of a dominant position. Such activities are as follows:
Imposing unfair or discriminatory terms on the purchase or sale of goods and services, or increasing costs on the purchase or sale of goods and services (particularly aggressive rates), either explicitly or implicitly
To the harm of customers, reducing or controlling the manufacturing of goods or services, or constraining scientific or technological advancement related to goods or services.
Participating in activities that restrict access to markets in any manner.
Taking advantage of a dominating position in the market to defend or enter another particular market.
Following are a few cases related to the abuse of dominant position:
M/s Saint Gobain Glass India Ltd. v. M/s Gujarat Gas Company Limited
According to the CCI, when defining the ‘relevant product market’, the commission must take into account all or any of the following criteria: the cost of goods or services, the rejection of in-house manufacturing, physical features or final goods, customer tastes, the presence of specialised manufacturers, and also the categorization of manufactured goods, in compliance with the conditions contained in.
M/s Fast Track Call Cab Private Limited v. ANI Technologies
In the judgement of M/s Fast Track Call Cab Private Limited v. ANI Technologies, it was found that Ola had provided refunds, rewards, loyalty, and unfair discounts. The Commission remarked that Ola’s conduct of giving large discounts to its customers and rewarding its staff at the expense of incurring losses seems to be a well-planned strategy by the firm to exclude other market competitors from the particular market. This case demonstrates that CCI’s stance on the security of regular taxi service providers has been modified.
Combinations and their regulation
A combination, as defined in Section 5 of the Competition Act, 2002, is the active or passive procurement of shares, voting power, or resources, or command over management or supervision over assets of more than one enterprise by one or even more people. It is the merger or amalgamation among companies. In the context of the competition law, a combination is defined as the merging of two or more businesses or organisations, or the takeover of a business sector (such as a company or firm) by another commercial entity. In India, mergers can be of two types:
Merger through absorption: Absorption is the amalgamation of two or more businesses into one ‘established business’. Apart from one, all firms lose their identities in such a combination.
Merger by consolidation: A merger by consolidation is the merger of two or more businesses into a ‘new organisation’. All firms are officially abolished in this type of merger, and a new company is formed.
The Competition Act contains some rules and regulations regarding combinations to ensure that such mergers do not harm competition in the market. These rules are as follows:
No organisation can enter into any merger that is likely to provoke an appreciable adverse effect on competition.
Section 6(1) prevents the establishment of combinations that seem to have an appreciable adverse effect on competition in the pertinent market in the country, and thus further says that certain combinations should be regarded as void.
If any individual or firm intends to create an amalgamation, the CCI must approve the creation of the combination.
The following procedures should be followed before the CCI issues a permission or disapproval decision for the proposed merger:
Give notice to the Commission;
CCI will conduct an inquiry into the merger in accordance with Section 29 of the Competition Act, 2002;
Following an investigation, if the Commission determines that a merger does not have, or is unlikely to have, a significant negative impact on competition, the combination is permitted.
Competition Commission of India
The Competition Act provides for the formation of a CCI. It acts as the regulator of competition in the Indian market. The commission was founded in 2003, but it did not become fully operational until 2009. The central government appoints a chairman and six members to the CCI. It is the commission’s responsibility to eradicate anti-competitive activities, encourage and maintain competition, safeguard consumer rights, and guarantee free trade in India’s marketplaces. It is a quasi-judicial body tasked with the following duties:
Prevent practices that have a negative effect on competition.
Encourage and maintain market competition.
Safeguard the interests of all consumers.
Safeguard commercial liberty.
Investigate problems related to or ancillary to trade.
Application and enforcement of competition law in India
The Competition Act established the CCI, which is entirely responsible for the application and enforcement of the Competition Act. The CCI currently has six members and one chairperson, Ashok Kumar Gupta. The CCI can start an investigation into an anti-competitive agreement or abuse of dominance on its own, based on facts or evidence in its possession, or upon receiving information or a recommendation from the state or legal authority. Anyone, including customers and other organisations, can register a complaint or provide details on anti-competitive agreements and misuse of dominant positions. In the case of mergers and acquisitions, the CCI may initiate an investigation by itself or based on information from the enterprises intending to merge. The CCI and its inquiry team are vested with broad investigative powers with regard to anti-competitive practices, such as the power to summon and administer the participation of any individual, investigate them under oath, and receive evidence on affidavit, as well as other similar powers. If CCI believes that there is a prima facie case, it shall instruct the Director General to conduct an investigation and submit its conclusions. The Director General is also authorised to conduct police raids as part of its inquiry. The CCI may depend on the recommendations of the Director General in its investigation and after providing the accused parties with a reasonable chance to be heard. After this, they can issue any measures they deem proper, such as an instruction to cease and desist and impose fines. The Competition Act provides for an appeal to the Competition Appellate Tribunal against some of the CCI rulings. A further appeal from the COMPAT judgement may be filed with the Supreme Court of India.
Competitive advocacy
Competition Act broadens the jurisdiction of CCI beyond just monitoring the rules to include competition advocacy and the creation of a competitive environment. Competition advocacy, as mentioned in Section 49 of the Competition Act, 2002, refers to initiatives that raise public awareness about the importance of a competitive industry. The customers, whose wellbeing is the primary goal of the legislation, are obligated to take responsibility for advocating for competition law by the CCI. The CCI has undertaken competition advocacy activities in both the Union and State governments, in collaboration with other sectors such as corporate entities, consumer activists, and regulatory organisations composed of experts such as attorneys, chartered accountants, and corporate executives. Based on a government’s political and financial context, competitive advocacy can perform a variety of functions.
The Union government may seek advice from the CCI or establish its own judgement on the possible implications of a strategy in the development or any applicable competition law. The Commission is required to provide its recommendation to the Union government within sixty days after taking such a recommendation. As a result, the CCI will be assumed as the competition advocate, working to develop government policies that support free trade, decrease entry barriers, and increase competition in the market.
The Act intends to establish a direct link between competition law enforcement and competition advocacy. One of the primary goals of competition advocacy is to create environments that favour corporate conduct and more competition in the market structure without the CCI’s penalties. In the framework of the law, the opinion of CCI will be a significant factor contributing to the government to execute its law or policy.
Development of competition law in 2022
The central government has proposed the Competition (Amendment) Bill, 2022, which proposes to alter the system of governance of the CCI.
About the bill in brief
The bill intends to amend the fundamental provisions to accommodate the demands of the modern market.
It also intends to check anti-competitive practices in the online business, a field that has faced significant legal and regulatory concerns.
It also intends to strengthen the regulatory framework by boosting the CCI’s responsibility, adaptability, and implementation capacity.
Amendments proposed by the bill
The following are some of the main amendments proposed by the bill:
A board of directors composed of part-time experts to oversee CCI operations.
CCI must establish punishment criteria and provide explanations for any discrepancies.
The merger evaluation time has been reduced from 210 to 150 days.
The establishment of a green channel for merger proposals.
CCI would be capable of engaging in structured conversations with parties and reach an amicable solution without the need to go through long-established processes, bringing it up to speed with the Securities and Exchange Board of India (SEBI).
Relevance of competition law in the digital era
The usage of digital platforms has increased during the past few years. Under the Competition Act, 2002, CCI has implemented aggressive regulating procedures and taken proactive action against digital platforms engaged in anti-competitive activities. CCI examines network effects, internet privacy, data manipulation, data collection, incorporation, and exchange to enhance competition regulation in digital markets. CCI has revised the particular market by confining itself primarily to online market segments, rather than its previous practice of integrating online and offline marketplaces, thereby bringing additional technology platforms under investigation. While competition laws successfully regulate digital markets, there is an opportunity for competitive markets to be strengthened through proper modifications to keep up with the intricacies of evolving technologies. The future of antitrust regulation of digital marketplaces looks to be bright.
Landmark cases on competition law
Google Inc. & Ors v. Competition Commission of India
The CCI received a complaint alleging that Google Inc. misused its dominating position in the online advertising market by marketing its vertical online services such as YouTube, Google News, Google Maps, and so on. In other words, regardless of their popularity or relevancy, such services display prominently on the Google search engine result page.
Issues
The main question was whether an administrative authority, such as CCI, has inherent rights to examine or recall a decision issued under Section 26(1) without any particular provisions in the Competition Act 2002.
Decision
The Delhi High Court stated that the CCI has the authority to recall or reconsider its decision in accordance with specific conditions and that this should be done selectively but not in all cases in which the investigation has been conducted without a thorough inquiry.
Mohit Manglani v. M/s Flipkart India Pvt. Ltd. & Ors
Mohit Manglani challenged four prominent firms in the Indian e-commerce sector: Flipkart, Jasper Infotech, Xerion Retail, and Amazon Vector E-commerce (collectively, the ‘Opposite Parties’). The complainant claimed that the opposite parties established exclusive selling and distribution contracts with producers of goods and services to engage in anti-competitive acts in contravention of the Competition Act, 2002. He further claimed that as a result of such exclusive contracts, the opposite parties had obtained a product-specific monopoly, i.e., all of the opposite parties had a hundred percent market domination for commodities that were solely offered on their websites.
Issue
Is it a violation of the Competition Act to engage in exclusive agreements for the sale and acquisition of products via e-commerce?
Decision
The Commission found that the OPs’ digital distribution channels allow consumers to compare prices as well as the benefits and disadvantages of the service. It also offers the choice of delivery at their leisure. As a result, it appears that the exclusive agreement between manufacturers and e-portals does not result in AAEC in the industry.
Shortcomings in the Competition Act
The basic idea of collective dominance is missing in the Competition Act despite its critical importance in a changing economy like India. The omission of the idea of “collective dominance” in the Indian competition law has often prevented the CCI from taking appropriate remedies whenever necessary. Collective dominance refers to a situation wherein two or more separate companies, united by economic relations, collectively retain a superior position to the other traders. Collective dominance is visible in both vertical and horizontal markets. As a result, parties in a dominating position do not need to be a member of an anti-competitive agreement or cartelization.
Furthermore, some say that because of the complexity of competition law analysis, along with the lack of organisational endowment in most emerging economies, adopting a competition law regime may end up doing more harm than benefit, as the risk of making incorrect conclusions is quite high.
The government has the authority to overrule the CCI. Such limitations have a significant impact on the CCI’s autonomy and effectiveness. In reality, discussion with the CCI by the Central Government under developing competition policy should be made necessary, rather than optional, as provided for in the Act. Furthermore, the Act does not cover infringements on intellectual property rights, which are monopoly rights for a limited period of time.
Relation of competition law and IPR law in India
At first look, IPR and competition law appear to be like fire and water, operating in opposition to one another. This perspective has shifted through time, and the current opinion is that they share similar ideas.
The relationship between intellectual property rights and competition law allows an individual to engage in increasing competition while restricting inflexible competition. It allows the holder to make exclusive use of his product for a specified period of time. During such a time, patent holders enjoy monopolistic control and are in a position of dominance. Such dominance will not result in a violation of antitrust law.
The purpose of competition law is to safeguard and enhance consumer welfare by reducing monopolistic power. On the contrary, IPR is focused on innovation by granting the owners exclusive rights to execute a commercial business, but this does not imply that they may exercise a monopoly position in the market. Even while IPR confers a preventative right on the holder, this right cannot be exclusive enough to confer monopoly status. This is where competition law comes in, and if the IPR owner engages in any anti-competitive behaviour or activity, it becomes subject to competition law.
Conclusion
The Competition Act of India is quite broad and was designed to fulfil the requirements of growth in the economy and worldwide economic trends concerning competition law. As a result, the competition law of 2002 is recognised as a historic law. This legislation does not allow misuse of power. This law primarily promotes competition in the market while also providing flexibility in the distribution of income to firms of all sizes in order to boost the industry’s commercial viability. Though the entire law has still not been implemented, the adoption of the entire Act will undoubtedly increase market competitiveness on a national and worldwide scale.
Frequently Asked Questions (FAQs)
What is the need for a Competition Act?
Consider that you have to buy a smartphone from a certain store because that is the only shop in your neighbourhood. In today’s world, having no alternatives and having to pay whatever is requested is a scenario that we all fear. That is precisely why competition laws were enacted. These regulations ensure that market competition is promoted and that people, as a customer, have access to high-quality items at reasonable rates.
Who has the authority to implement competition laws in India?
The CCI is always on the alert for any business or enterprise attempting to enter into an anti-competitive contract with each other in order to influence the industry. It also has the authority to inquire into and examine anti-competitive agreements, amalgamations and acquisitions, and abuses of dominant positions. It has the authority to punish such firms with fines.
Who can lodge a complaint with CCI?
Anyone can lodge a complaint with the CCI about a corporation. If you are a dissatisfied customer who is tired of a lack of variety in the industry, or any person, corporation, business, local government, etc., who is aware of companies planning to make the industry less competitive, you may easily file a complaint with the CCI. In fact, the CCI committee can launch the investigation on its own initiative.
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This article has been written by Nimisha Dublish of the Vivekananda Institute of Professional Studies, GGSIPU, Delhi. The article discusses Section 340 of Code of Criminal Procedure, 1973, and its related provisions.
It has been published by Rachit Garg.
Table of Contents
Introduction
We have seen a great rise in cases wherein the parties to a case try to hamper the evidence and give false statements. This not only wastes the time of the courts but also results in delayed justice. Due to fake prosecutions, the court has to go back to basic inquiries and the job becomes more hectic. Due to this, a law came into the picture by punishing and penalising those who commit the offence of perjury. Section 340 of the CrPC (The Code of Criminal Procedure, 1973) aims to ensure whether or not any sort of offence has been committed that affects the administration of justice. The offence is related to the proceedings before the court, documents produced in the court of law, and evidence submitted and expedient in the court’s interest. The legislation has the purpose of making sure the administration of justice is done fairly and effectively. Section 340 of CrPC fulfils the purpose by providing the required procedures. The article deals with the said provision.
Section 340 CrPC
The Code of Criminal Procedure (CrPC) was promulgated in the year 1973 and was enacted on 1st April 1973. Chapter 26 is titled “Provisions as to offences affecting the administration of justice” and it contains Section 340.
In order to initiate proceedings under Section 340 of the CrPC, first of all, a prima facie offence via evidence and statements shall be established in the case. This means that all the material produced before the court shall be clear on the face of it. Also, the evidence that is produced before the court of law should be referred to in Section 195(1)(b)(i) of the CrPC. Secondly, there should be an enquiry into the alleged offence. Effective action needs to be taken to prevent the crime of perjury and stop people who make false statements, tamper with pieces of evidence, and mislead the court with pretence and treachery. To protect the esteem of the judiciary, stern actions should be taken.
Section 340(1) CrPC
Whenever an application is filed before a court by a public servant or affected party, a preliminary inquiry should be made before appearing in the court, if the court is of the opinion that it is expedient in nature for the administration of justice. Offences are prescribed under Section 195(1)(b) of the Code. If the court feels that a wrong or fabricated document has been produced, public order is harmed or the proceedings have been hampered by producing false evidence. The court, after conducting such preliminary inquiry, can record a finding on that aspect; can make a complaint thereof if the court is of the opinion that the offence has been committed for which the application was filed; send the case to the Magistrate having first class jurisdiction, wherever the jurisdiction of the offence lies (the place where the offence was committed); can take sufficient security from the accused for the purpose of the appearance of the accused and can send the accused under the custody of the concerned magistrate; any person can be bound to appear in court and give pieces of evidence.
Section 340(2) CrPC
All the powers as given in sub-section 1 of Section 340 of the Code with respect to an offence, wherein the Court has neither made a complaint under Section 34(1) nor rejected the application for making such a complaint, shall be exercised by the Court to which the former Court is subordinate as per the meaning of Section 195(4) of the CrPC.
Section 340(3) and Section 340(4) CrPC
The complaint made under Section 340(1) of CrPC is to be signed by the officer appointed by the High Court in which the case appears. In other cases, the presiding officer of the court or any officer authorized by the court can sign the complaint. The court can be any court, like a criminal, civil, or tribunal, as per Section 195 of the CrPC.
Nature of proceedings under Section 340 CrPC
The proceedings specified under this Section, act as a guide for the courts which desire to initiate proceedings for the offences covered under Section 195 of the Act. The nature of the proceedings can be either suo moto or through an application. The court follows the procedure by either receiving an application or by suo moto cognizance. Only the Court has the power to decide as to whether an inquiry is made or not. Holding a preliminary inquiry is not mandatory in every case, that’s why the court has the power of decision-making upon this.
How to file a complaint for perjury under Section 340 CrPC
It is really important for the parties to understand that they shouldn’t make false/inaccurate statements and/or conceal the facts that are significant for a case. The parties should not attempt to hide the truth or get some advantage at the cost of the sanctity and solemnity of the court’s proceedings. The party that adopts such means and tries to misinterpret or conceal material facts, attracts the liabilities and risks associated with it.
Elements of Perjury
The false statement shall be made by a person who is either bound by an oath, bound by an express provision of law, bound by a declaration which restricts a person to make a statement on any subject by law, or knows that the statement that is made by him is false and doesn’t believe it to be true.
The oath taken by the person must be administered by a competent authority. Whichever authority is administering the oath shall be competent in all respects. The place where an oath is administered must be sanctioned by law.
Plaints, written statements, and other sorts of pleadings are involved in the express provisions of law. A legal duty to say the truth is casted upon by the CPC (Code of Civil Procedure, 1908) along with a legal obligation for verification of pleadings.
Affidavits are a kind of declaration made under oath and are considered a part of it.
The statement shall be in any form either verbal or otherwise.
Due to all these elements, the offence attracts some other Sections as well, which could be used along with Section 340 of the CrPC. Section 191 of the IPC (Indian Penal Code, 1860) is attracted for giving false evidence and for judicial perjury. Fabrication of false evidence is also attracted under Section 192 of the IPC. The punishments of both the above-mentioned sections are mentioned under Section 193, and hence it also applies in related matters. Aggravated forms of both Section 191 and 192 of the IPC are discussed in Sections 194 and 195, respectively. Section 196 to Section 229 deals with the offences that are punishable for fabricating evidence or giving false evidence and are against public justice.
Criteria for establishing the offence of perjury
A false statement will be made.
The person who made the false statement should know or believe that it is a false statement and not the truth.
There should be an intention for making a false statement.
These three criteria must be proved and fulfilled to prove the conviction of the accused. The most important criterion is intention. The person who is making the statement should be aware of the fact that whatever he/she is saying is false and is deliberately trying to hamper the evidence in a judicial proceeding. The intention to deceive the court should be present.
Basis of prosecution
There shall be a legal obligation on the parties to say the truth
There shall be a false statement.
There shall be a belief in the falsity of the statement.
Section 340 and Section 195 CrPC
Section 195 CrPC
Section 195 of the Code of Criminal Procedure talks about the prosecution of a person for contempt of court and other lawful authorities such as public servants. This Section is for the offences that are in opposition to public justice and are specifically related to false evidence as mentioned in Chapter XI of the Indian Penal Code. Section 195 comes into the picture only in cases wherein a written complaint is filed by a public servant or the court.
Section 340 read with Section 195 CrPC
Section 195 of the CrPC discusses the necessary pre-requisites that are to be taken before the court can decide on the matter of offences specified therein. Whereas, Section 340 of the CrPC defines the procedure to be followed by the court in such cases. In these cases, the court desires to initiate proceedings concerning the offences committed during the case trial.
However, Section 195 of the Act, bars the court from taking cognizance of matters relating to the contempt of the lawful authority of public servants. There is an exception to this. If a written complaint against the public servant is submitted, then the same might be taken into consideration by the court. The main objective of this Section is to safeguard individuals from being vexatiously prosecuted for the offences listed therein by someone acting out of malice, ill intent, or with a frivolous disposition on the basis of insufficient evidence or insufficient grounds. The prohibitions mentioned in Section 195 of the CrPC are only to protect an innocent person from false proceedings by a private person. It is not intended to take away the remedies against crime.
The Supreme Court in Pritish v. State of Maharashtra & Ors (2001) held that the procedure of preliminary inquiry as mentioned under Section 340 CrPC is not meant to be used as a tool to decide upon whether the party is guilty or innocent before the Magistrate. The Court further explained that the purpose of the Section is to check whether, on the basis of pieces of evidence, it is expedient in the interest of justice that an inquiry should be made or not. The Court added that the principles of natural justice should be followed and that each party would be heard in a court of law. The process of justice would not be hampered even if the prima facie pieces of evidence were against a party. The Court will follow the required stages of procedure to decide whether the person should be proceeded against or not.
The Supreme Court in the judgment of Sharad Pawar v. Jagmohan Dalmiya (2010)contradicts its previous judgment in Pritish v. State of Maharashtra & Ors. The Supreme Court in the current matter passed an order and remanded the case to the High Court of Calcutta for deciding the matter under Section 340 of the CrPC afresh. The Supreme Court said that a preliminary inquiry was necessary to be conducted by the learned Single Judge before directing the party to file a complaint against the said defendants. The inquiry mentioned under Section 340 of the CrPC shall be complied with, the principles of natural justice should be followed, and an opportunity shall be given to the defendant to be heard. The Court passed this judgment without taking into consideration its previous judgment. However, the Court didn’t discuss the objectives and importance of Section 340 of the CrPC.
A direct prosecution cannot be held under these sections as there should be a reasonable probability of conviction. A complaint should be made first, stating the offence and precise facts along with the relevant pieces of evidence. The case is different in the matter wherein the prima facie has already been made out. The cases in which there is ample evidence and no oral evidence is required may skip the preliminary inquiry. It should be made sure by the court that the proceedings are not a result of the personal grudge of a litigant. The prosecution should be expedient in the interest of justice and not only the party affected.
In Mehtab Son of Shri Mohd. Sabir v. Union of India (2011), the Court made emphasis on the fact that the offences that are entailed in Section 340 of the CrPC are those given under Section 195(1)(b) of the CrPC. It includes offences like perjury, false affidavits and statements, etc., which are punishable under Section 193, Section 199, Section 200 and Section 209 of the Indian Penal Code, 1860. A suo moto inquiry may be directed by the Court in such cases. In those cases wherein the court is satisfied and it is clear that the prosecution is expedient in the interest of justice, a complaint should be made in writing and signed by the officer (as directed by the court).
In K. Karunakaran v. E. Warrier (1977), a habeas corpus petition was filed. It was found that the Home Minister had filed a false affidavit. A complaint for perjury was filed against him after the inquiry was initiated under Section 340 of the Code. He moved a special leave petition to the Supreme Court of India where the Court held that the act was not expedient in the interest of justice to sanction the prosecution.
In Chintakrindi Venkateswarly v. Head Constable (1997), a false statement and an oath were taken, which hindered the process of administration. The case amounted to criminal contempt of court and was expedient to justice. The law should not be made a subject of mockery, nor should its administrators. Acts of perjury should not be committed by the parties to the litigation. The Supreme Court has reiterated the fact that it would not interfere in the cases wherein the High Court has directed the prosecution under Section 340 of the CrPC.
Is preliminary inquiry mandatory before a complaint is made under Section 195 CrPC
A larger bench has been referred to by the Supreme Court of India to decide and discuss the issue of whether it is mandatory under Section 340 of the CrPC to hold a preliminary inquiry before a complaint is made under Section 195 of the CrPC by a court or not.
In the case of State of Punjab v. Jasbir Singh (2020), Sub-Divisional Magistrate was directed by the Deputy Commissioner to get an FIR registered against a party with immediate effect. He asked to do so even before observing that false and fabricated documents had been given in the appeal before the SDM-cum-Sales Commissioner. The FIR was quashed by the High Court and it held that there was no inquiry conducted and was not even directed to anyone. No inquiry was conducted against the accused as per Section 340 read with Section 195 of the Code. The Court summed up that since there was no preliminary inquiry conducted and the respondent wasn’t given any chance to be heard, the FIR was quashed.
Section 340 of the CrPC read that if the Court decides that an inquiry is to be held before appearing in the Court for the offence referred to in Section 195(1)(b) of the Code then, after the preliminary inquiry the Court can record a finding to that effect and make a complaint in writing thereof. However, the cases of Pritish v. State of Maharashtra and Sharad Pawar v. Jagmohan Dalmiya were of conflicting views.
The Court after observing these conflicting views with respect to the concept of preliminary inquiry decided that ”In any event, given that the decision of the three-Judge Bench in Sharad Pawar (supra) did not assign any reason as to why it was departing from the opinion expressed by a Coordinate Bench in Pritish (supra) regarding the necessity of a preliminary inquiry under Section 340 of the CrPC, as also the observations made by a Constitution Bench of this Court in Iqbal Singh Marwah (supra), we find it necessary to place the present matter be placed before a larger Bench for its consideration, particularly to answer the following questions: (i) Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court? (ii) What is the scope and ambit of such preliminary inquiry?”
It was noted by the Supreme Court of India’s bench that the term “Court” has been clarified under Section 195(3) of the CrPC. The term “Court” as mentioned means the Criminal, Civil or Revenue Court. It also includes tribunals made under central, provincial or state Acts, only if they are declared by the concerned Act to be a court for the purpose of proceedings of the section mentioned.
Case Laws
Afzal & Anr. v. State of Haryana (1996)
In the case of Afzal & Anr. v. State of Haryana (1996), the facts were that the complainant made false statements in its complaint under Section 153 of the CrPC. The complainant wished to mislead the court of law and get favourable decisions and orders from the court. The complainant, by doing so, obstructed the administration of justice. The complainant was well aware of the fact that the statements made by him were not true and were important for the decision-making in the case. The act of the complainant is herein considered atrocious.
The Hon’ble Supreme Court in the present case held that the complainant ought to be punished for committing the offence of perjury. The Court observed that the act committed by the complainant was deliberate in nature and that he was fully aware that such statements would influence the court of law. The complainant was charged under Section 191, Section 192 and Section 193 of the Indian Penal Code. The act committed by the complainant amounts to hampering the due course of the judicial proceedings in order to obtain willful and favourable orders. The act amounts to criminal contempt of court. Every party to a case is deemed to be under the obligation to state the truth and give accurate statements that they believe to be true in a court of law.
Priyanka Srivastava v. State of Uttar Pradesh (2015)
In the case of Priyanka Srivastava v. State of Uttar Pradesh (2015), the information was concealed and the prosecution lied that the matter was under the jurisdiction of the women’s cell and the counselling remains pending. The complainant denied attending the meetings of the women’s cell and refused all the settlements. She lied to the senior police officer as well and contended that she had filed a complaint but no action was taken. It was observed that the complainant had given absolutely false and vague statements in the complaint filed under Section 156(3) of the CrPC. The statements were misleading, and certain facts were also concealed.
The Court held that the concealment of facts by the complainant doesn’t amount to direct prosecution and that an inquiry should be initiated as per Section 195 of the CrPC read with Section 340 of the CrPC. It was later held in this case that the complainant had given various false statements and had misled the Court. This makes the complainant liable to be put behind bars with necessary penalties. The false averments made by the complainant warrant necessary actions to be initiated under Section 195 of the CrPC read with Section 340 of the CrPC.
Chandra Shashi v. Anil Kumar Verma (1995)
In the case of Chandra Shashi v. Anil Kumar Verma (1995), a suo moto attempt was made against the respondent by the Court. The respondent served fabricated documents in order to oppose the prayer of his wife. His wife has filed a case for a matrimonial dispute. The intention of the respondent was to get the case transferred from Delhi to Unnao. The false and forged documents were filed with the court to defraud and mislead the court.
The Court held that pre-variation and falsehood with an intention to mislead and defraud the Court amounts to contempt of court. It was observed that if the actions of the parties were not dealt with accordingly and appropriately, then it would be impossible for any court of law to administer justice. This will lead to delayed justice and pollute the true sense, and hope that the people put in the justice system. It was added by the Court that if this action of the respondent is ignored, then the same would hamper the flow of justice and result in the court from performing its duties responsibly.
Conclusion
Section 340 of the CrPC along with Section 195 of the CrPC, is made to ensure the administration of the court’s justice system. It is a settled principle in law that the Court may order prosecution under these sections only when the prosecution is expedient in the interest of justice and the public at large. The case laws discussed in the article also further explain these sections and their use. It clarifies the procedural aspects of the case. To conclude, a judge may not hear the other side in accordance with Section 340 of the CrPC. However, he may hear the applicant. Hearing the individual against whom proceedings are being brought is not necessary. So, in this way, Section 340 helps to reduce the chances of perjury and save the court’s time. This also curbs people from giving false statements and evidence by penalising them.
Frequently Asked Questions (FAQs)
Is it mandatory to have a preliminary inquiry before a complaint as per Section 195 of the Code of Criminal Procedure, 1973?
Yes, it is mandatory to have a preliminary inquiry and the accused shall be given an opportunity to hear his side before a complaint is filed under Section 195 of the Code of Criminal Procedure, 1973.
When should one file a complaint under Section 340 of the Code of Criminal Procedure, 1973?
One should file under Section 340 of the CrPC when there is true evidence and a falsely deposed statement against that.
What is the basic point of difference between the provisions mentioned under Section 340 and 344 of the CrPC relating to the offence affecting the administration of justice?
Section 340 of the CrPC provides for the procedure of cases given under Section 195 of the Act, whereas Section 344 discusses the summary procedure of trial in cases wherein false evidence has been produced.
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This article has been written by Sujitha S, pursuing law at the School of Excellence in Law, Chennai. This article tries to elaborate on Section 234C of the Income Tax Act along with other related aspects and case laws.
The Income Tax Department works to ensure that citizens may comply with making advance tax payments in a simple and straightforward manner. One may choose to pay it in 4 instalments during the financial year. It is now simpler for taxpayers to pay in instalments and avoid having to pay the whole amount in March. The provisions of Section 208 of the Income Tax Act, 1961 require taxpayers who must pay a tax of at least INR 10,000 to pay an advance tax. The income tax law further requires the person to pay the advance tax in a specific percentage (instalments). According to Section 234C of the Income Tax Act, the taxpayer would be responsible for paying interest if he does not pay the advance tax in a specific amount. This concludes a four-part series on the interest charges levied by the Income Tax Department. However, interest is charged when a taxpayer who must pay advance tax falls behind on any instalment payments. This article tries to make the legal intricacies of Section 234C clearer and easier.
Types of interest under Income Tax Act, 1961
The following categories of interest are often assessed to a taxpayer for a default:
Interest for late income tax return filing
Interest for late filing of an income tax return is covered under Section 234A. According to Section 234A of the Income Tax Act, interest is assessed for late submission of the income return. There will be interest assessed under this Section if the taxpayer submits their income tax return beyond the deadline established by the authorities.
Interest for delayed advance tax payment
Interest is assessed under Section 234B of the Income Tax Act in two situations:
When the taxpayer has failed to pay advance tax, which he is required to do if his estimated tax liability for the year is Rs. 10,000 or more, or
When the advance tax paid by the taxpayer is less than 90% of the assessed tax, which is the amount of tax determined under Section 143(1) and the tax on the total income determined under such regular assessment where regular assessment is made.
Interest for postponing advance tax payment
The rate of interest and circumstances if you postpone the advance tax instalments are outlined in Section 234C of the Income Tax Act. Everyone is expected to pay an advance tax every quarter of the fiscal year, even salaried taxpayers.
Section 234C of Income Tax Act, 1961
An assessee who does not pay or does not pay on time the advance tax payments as per Section 208 of the Act is required under Section 234C of the Act to pay interest. On the amount of the shortfall determined in relation to the due dates for advance tax payments, the assessee is required to pay simple interest at a rate of 1% per month for a period of three months.
When various advance tax instalments are postponed, interest is assessed under Section 234C in the following circumstances:
Interest must be assessed for taxpayers other than those who have chosen the presumptive taxation plan under Section 44AD or Section 44ADA.
If the amount of advance tax paid by the 15th of June or earlier is less than 12% of the tax due on the returning income;
If the amount of advance tax paid by the 15th of September or earlier is less than 36% of the tax due on the returning income;
If the advance tax paid by the deadline of December 15 is less than 75% of the tax due on the returned income;
If the advance tax paid by the deadline of March 15 is less than 100% of the total tax due on the returned income.
If the advance tax paid on or before the 15th of March is less than 100% of the tax owed on returned income, interest will be charged to taxpayers who choose the presumptive taxation plan under Section 44AD or Section 44ADA.
Illustration
Mr. Arun, a taxpayer, does not believe in the presumptive taxation structure described in Sections 44AD or 44ADA. For the entire fiscal year, he owes Rs 50,000 in taxes. As evidenced by the following, he has paid the advance tax:
Rs. 7,500 on June 15
Rs. 12,500 on September 15
Rs. 15,500 on December 15
Rs. 8,500 on March 15
Persons liable to pay advance tax under Section 234C of Income Tax Act, 1961
Every assessee whose total tax bill exceeds Rs 10,000 after TDS/TCS deductions is required to pay an advance tax.
The assessee in this instance consists of corporations, partnership firms, AOP/BOI, salaried workers, self-employed individuals and businesses, taxpayers who choose presumptive tax structures, and so on.
When paying advance tax, regular taxpayers and those who use the presumptive taxation plan have distinct deadlines.
A senior citizen who does not have any income falling under the category of Income from Business and Profession is free from paying advance tax if he is older than 60 years old.
Non-applicability of Section 234C of Income Tax Act, 1961
If the shortfall of advance tax in any instalment is the result of underestimating or failing to estimate any of the following incomes, Section 234C will not be applied.
Income received as a result of winning in lotteries, crossword puzzles, etc.
Gains in capital amount
Revenue from a new venture
Over Rs. 10,000 in dividend income from a domestic firm
The assessee also pays the tax owed on the income listed above. In addition, the assessee pays the advance tax by the due date of the subsequent instalment or, if none is due, by March 31.
Factors involved in the calculation of interest
Subject matter
Section 234C
Rate of interest
In the event of any shortage or failure to pay any instalment of advance tax, each taxpayer is responsible for paying interest at the rate of 1% every month, or a portion of a month. Simple interest is the type of interest that is charged monthly.
Period
Interest is charged for three months if there is a deficiency or if the first, second, or third instalment of advance tax is not paid on time. The interest is only charged for one month if the final instalment, which was due on March 15th, was not paid in full.
Amount
The amount of the payment of advance tax that was not paid in full is subject to interest under Section 234C.
Calculation of interest under Section 234C of Income Tax Act, 1961
When the taxpayer does not choose to have presumptive income under Section 44AD, interest is calculated under Section 234C.
If the advance tax amount is less than 15% of what was paid on or before June 15th.
For three months, there will be a 1% monthly interest charge. 15% of the amount minus tax that was previously paid prior to the dates is the amount on which interest is computed.
If the advance tax payment is less than 45% of what was made on or before September 15th. For three months, there will be a 1% monthly interest charge. 45% of the amount minus tax that was previously paid prior to the dates is the amount on which interest is computed.
If the advance tax payment is less than 75% of what was made on or before December 15th. For three months, there will be a 1% monthly interest charge. 75% of the amount minus tax that was previously paid prior to the dates is the amount on which interest is computed.
Let’s use an example to help us understand this. For instance, if the tax liability is Rs. 300,000 and TDS deducted is Rs. 50,000, then
Advance tax paid on 15th, Rs. 30,000
Advance tax paid on 15th September, Rs. 80,000
Advance tax paid on 15th December, Rs. 70,000
Advance tax paid on 15th March, Rs. 60,000
Advance tax assessed for the year = Rs. (300,000-50,000) = Rs. 250,000
Due date
Instalments
Amount
Paid
Difference
Interest
June 15
15% of 250,000
37,500
30,000
7500
7500 x 1% x 3 =225
September 15
45% of 250,000
112,500
110,000
2500
2500 x 1% x 3=75
December 15
75% of 250,000
187,500
180,000
7500
7500 x 1% x 3=225
March 15
100% of 250,000
250,000
240,000
10,000
10,000 x 1% x 3=100
Therefore, the total interest =225+75+225= 625
If the taxpayer chooses presumptive income under Section 44AD, interest under Section 234C is calculated as follows.
Date
Interest
On or before 15 June
Nil
On or before 15 September
Nil
On or before 15 December
Nil
On or before 15 March
Advance tax due of up to 100%
Judgments related to Section 234C of Income Tax Act, 1961
Union Home Products Ltd. v. Union of India and Anr. (1995)
The Hon’ble Karnataka High Court held in the case of Union Home Products Ltd. v. Union of India and Anr. (1995) that the interest chargeable under Sections 234A and 234B of the Income Tax Act is compensatory in nature, but that the method of computation and the period of default for computation of interest under Section 234A were not discussed. The Hon’ble High Court ultimately held that the petitioner shall be free to raise any defences that may otherwise be available to him before the authorities concerned against the levy of recovery of the interest payable under Sections 234A, 234B, and 234C of the Act.
Prafulla Chandra R. Doshi and Ors. v. Asstt. Cit (2001)
The case of Prafulla Chandra R. Doshi and Ors. v. Asstt. Cit (2001) dealt with a substantial loss of revenue to the government in the ministry of finance to the tune of nearly Rs. 5 lakhs. The tribunal noted that there is a clear dispute and contention over whether interest should be charged in connection with orders made pursuant to Section 154 of the Act under the terms of Sections 234A, 234B, and 234C. The tribunal ruled that each case should be decided based on its own distinctive facts and that any interest paid by the appellants or accrued by the assessing officer while their appeals were pending should be reimbursed to them.
Dr. S. Reddappa and Ors. v. Union of India and Ors. (1998)
The Hon’ble Karnataka High Court’s observations in this case of Dr. S. Reddappa and Ors. v. Union of India and Ors. (1998) discussed the true compensatory nature of the levy of interest under Sections 234A, 234B, and 234C in light of the legislative objectives and intentions, which lead to the conclusion that if the aforementioned objects are understood in the right perspective, the basis for computation of such interest specifically provided in the relevant statute is appropriate.
Associated Cement Co. Ltd. v. CTO and Ors. (1981)
In Associated Cement Co. Ltd. v. CTO and Ors. (1981), the Supreme Court submitted that Sections 234B and 234C provisions violate natural justice principles and constitutional guarantees because they are confiscatory in character and there is no effective procedure in the Act to hear the assessee and resolve the case.
Aop Of Sanjaybhai R. Patel and 11 Ors. v. Assessing Officer (2004)
In this case, the Gujarat High Court held that Sections 234A, 234B, and 234C prohibit the Settlement Commission from waiving or reducing interest, but if the Commission does so within four years of the original order’s date passed under Section 245D of the Act, the Commission may do so in accordance with the provisions of Section 154 of the Act.
Conclusion
To conclude, Section 234C imposes a fine in the form of interest on the taxpayer for failure to make timely payments of deferred advance tax in amounts determined by the income tax department. The department set aside a suitable time frame and the percentage of the total to be paid up until that point. You will be charged interest at a rate of 1% per month on the remaining balance if you don’t pay that amount of advance tax by the stipulated deadlines.
Frequently Asked Questions (FAQs)
What is dividend income interest under Section 234C?
According to the Union Budget 2021, Section 234C interest on dividend income and capital gains would be relaxed if there was a gap in advance tax payments and the remaining tax was paid in subsequent advance tax instalments.
What is the advance payment interest rate under Section 234C?
In each quarter of the fiscal year, the department has set aside four payments for advance tax. You will be required to pay interest on the amount at a rate of 1% per month if you are unable to make these advance payments each quarter.
Is Section 234C applicable if an advance tax is not paid on time?
Section 234C has a set of rules that take effect if a taxpayer fails to pay advance tax on time. The tax department expects four instalments, one for each quarter of the fiscal year, to be paid on time as advance tax. If you don’t, Section 234C allows the tax department to impose an interest penalty.
What does “presumptive taxation structure” mean under Section 44AD?
Eligible enterprises may report earnings at 8% for non-digital transactions and 6% for digital transactions under the presumptive taxation structure outlined in Section 44AD. Only companies and professions with annual gross revenues of less than Rs. 50 lakh and total turnover/sales of less than Rs. 2 crores are eligible to apply.
What is the difference between Sections 234A, 234B and 234C?
If a person delays filing their income tax return, interest under Section 234A of the Income Tax Act is assessed against them (ITR).
Taxpayers who fail to pay their advance tax are subject to interest charges under Section 234B of the Income Tax Act.
Taxpayers who fail to make advance tax instalment payments are subject to interest under Section 234C of the Income Tax Act.
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