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Good days or 'Ache Din' seem to be just around the corner for at least public servants as government is planning amendments in the existing POCA 1988, for the simple reason that POCA in the existing form is creating a fear psychosis amongst top government officials and fear of penal actions (even for honest decisions ) as provided for in POCA acts as a deterrent to effective functioning of officials . Also, according to the ruling government , POCA has only ended up as being a tool for bringing elected governments to a standstill and is a big obstacle in the ease of doing business . This proposal to amend POCA attempts to allay fear amongst public servants and sounds similar to speeches made by former PM and FM . However, one cannot help but wonder as to what has created this sudden urgency to amend POCA which has been cornerstone of the fight against corruption in India and allowed prosecution of senior government functionaries in 2G spectrum and coal scams? Though the proposal seeks to differentiate between cases of intended corruption and erroneous acts in the line of duty , it's dilution may weaken the fight against corruption. It may go either ways and may shelter the corrupt . Watered down version may be used favourably by scamsters who will suddenly feel empowered because even with the right laws , the list of failures in controlling corruption in our country is much longer than successes . The Nation's mood is grim in the wake of large scale scams in banking sector and the government, instead of showing zero tolerance towards scams and scamsters, talks about diluting anti corruption laws which only seems to be an attempt to protect their own in the close knit 'Neta Babu Nexus'. Are we ready or can we even take a chance with the kid glove approach to graft , knowing how deep rooted corruption is in India? When other criminal acts are becoming Harsher and stricter , government's intent to scale down version of POCA 1988 casts a shadow on its real intent of reigning in corruption. Equipped with thorough and deep understanding of POCA1988, KMLawassociates successfully defends those who are falsely implicated under the provisions of POCA in Delhi District courts, Delhi High Court and NCR.
Should CRIME VICTIM COMPENSATION be a matter of mood or rationale? A 26yr old law student has been beaten to death by unknown people, outside a restaurant in Allahabad. Just about a week ago, a Delhi photographer was killed by his girlfriend's father and uncle. On 20.01.2018, a school principal in Yamunanagar, was allegedly shot dead in her office by her student . There have been numerous killings across the country in the name of honour, intolerance, road rage etc in recent times. Victims of such crimes are not only the ones who directly suffer the blow but also the family members who suffer mental, physical and economic harm as a result of the illegal activities of those who inflict the harm. The victims of such crimes have been provided certain safeguards in the Constitution of India under article 14& 21 and the laws governing compensation to these victims of crimes are contained in sections 357, 357(1), 357(2), 357(3), 357A, 358, 359 and 250 of Cr.P.C. However, there is no uniform policy on the compensation for victims of rape, riots, fire/other accidents, murder, etc., who are rather dependent on whimsical and irrational policy of relief. When there’s no uniform policy, how is one death deemed more deserving than the other?There is an urgent need for a rationale and clear method to award compensation where claims arise from loss of life on account of failure of public authorities. Presently, due to lack of legislation, States and their officials are wriggling out of their responsibilities by awarding arbitrary amounts in compensation. However, it is incorrect to let the mood of the state or the hype created by media be the deciding factors on how much compensation is announced by the state. In the absence of a uniform policy, politics(game of one upmanship), status of the victims or the community which they belong to or the media attention colour the decision of the state authorities in fixing the compensation amount and put a lid on such simmering controversies. It’s time to question the rationale and ask how the beneficiaries of these compensations are chosen since not all families coping with rape or murder of a loved one get treated equally. KMLAWASSOCIATES is a Dwarka based law firm with a commitment and dedication towards justice in all types of litigation.
Fraught by frauds The recent high profile fraud cases in our banking sector have deeply jolted all the stakeholders and have once again highlighted the vulnerability of our banks, specially while dealing with corporate loans and celebrity industrialists who manipulate the banking system by conveniently bypassing protective mechanisms. Successful economies minimise corruption, embezzlement and frauds which are characteristics existing everywhere but unfortunately for us, the instances of banking frauds which are a silent killer of our economy only seem to be on the rise as a result of corruption, inefficient regulations, lack of oversight, business pressures to meet unreasonable targets, lack of tools to identify potential red flags and collusion between employees and external parties. Whether it’s issuance of fake LoUs by two junior employees (as in case of PNB) or conflict of interest on the part of CEO ICICI Bank, it’s amply clear that our banking industry is confronted with deep internal threat wherein anyone from a CEO to lower level employees can manipulate and defraud their bank while both internal and external auditors look the other way. Such high profile frauds , scams and wilful defaults have a detrimental impact on the economy and ease of doing business, employees morale and investors' confidence. Indian banking has always been a soft target for fraudsters and in recent years the frequeny, volumes and gravity of frauds and wilful defaults have only seen a rise. We as a developing nation cannot afford such setbacks and need to get our act together. Fraud risk management needs to be given utmost importance and diligence in order to prevent and detect fraudulent activities thereby limiting the losses incurred. The banks need to be more agile and think ahead of the fraudsters. A comprehensive and effective anti frauds programme comprising preventive, detective and responsive mechanism can enable banks to identify weaknesses inherent to their processes and identify new threats. Over the years, frauds and scams in this sector have become more sophisticated and hence, their redressal is a major concern. Banks need to make themselves secure, become vigilant and build resilience in order to beat fraudsters in this cat and mouse chase. It is important for banks and financial institutions to understand that fraud investigations require specific skills like forensic accounting and technology to collect adequate evidence which needs to be relevant and comprehensive to be admissible in a Court of Law. Other important aspects like source of evidence, legitimate witness, electronic evidence can add credibility to the case. If these are not in line with legal requirements, the organisations will not have confidence to take legal recourse against the fraudster which can also be the reason why many banks may not be reporting all their cases to law enforcement agencies.
KMLawassociates is a niche top corporate law firm in Delhi for all commercial legal matters.Our expert legal team has unwavering commitment to achieve our clients' objective. KMLawassociates provides representation and advice from professional business attorneys to protect our clients' interests . Dedication towards developing and implementing effective litigation strategies makes KMLAWASSOCIATES the best and most successful law firm in Delhi NCR.
Abettor's Dead End Supreme Court has legalised passive Euthanasia and living will, saying that right to life includes right to die. This Supreme Court decision has paved the way for decriminalizing suicide, an issue which will be revisited in future, in view of domestic and international developments pointing towards the same. It has been said time and again that a person committing suicide is a 'victim of circumstances' and not an 'offender'. Section 115( 2 )of the Mental Health Care Act mandates the government to provide care, treatment and Rehabilitation to a person having severe stress and who attempted to commit suicide , to reduce the risk of recurrence . As and when suicide is taken off from the list of crimes , the treatment of 'abetment of suicide' also needs to be looked into .The dictionary meaning of 'abetment' is 'assistance'; for instance, if a medical practitioner gives deadly pills to help someone commit suicide , it is abetment. But in legal cases, policemen and judges commonly interpret abetment as ‘driving a person to suicide’. However, the entire concept of driving a person to suicide seems ill founded . According to various studies , no one can be driven to suicide as 99.99% of people will not commit suicide under any circumstances . Only 0.01% of people commit suicide and that too not because harassment is common in their cases but because of mental illness and depression. Researches by mental health experts have revealed that there is an entirely different cause of suicide which is a chemical imbalance in the brain and which can be traced to genetic variation that affects brain chemistry . This chemical imbalance may be addressed with timely and proper medication .Going by these findings, it is clear that there is a kind of people in the world who are suicide prone. Then how is it justified to legally hold a person responsible and punishable if someone else commits suicide ? If a person suffering from severe stress , anxiety or depression (for whatever reasons )does not take timely medical help in terms of counselling and medication and chooses to end his / her life , it's purely his / her choice and the person accused as an abettor is actually a tiny factor in the Grand play of things. The person committing suicide due to his /her own failure, seals the fate of the abettor , who is left fighting a suicide note and its interpretation. The pattern is familiar and typical : a business reversal/ failure , breakup of marriage, a failed relationship , academic and professional failure , depression, a downward spiral, leading eventually to suicide . Suicide is a crime in the present times hence 'abetment of suicide 'is also a crime but this whole skewed treatment of suicide and abetment of suicide defy common sense. It deprives the alleged abettor of an opportunity to defend himself / herself by cross examining the 'so-called victim of circumstances 'who may have played an active role in creating those circumstances .There are enough and more instances in India when someone commits suicide and his / her relatives obtain arrest of those accused of causing mental anguish which drove that person to this extreme step. However, people who commit suicide are responsible for their own death because it takes more than a couple of bad situations to make someone take his life. Suicides are a very personal decision. Unless a person physically helps another to commit suicide, it is not his fault . Suicide is never the only option and despite huge hardships there are other options that can be taken to address a situation . There are cases where violence, blackmail, cruelty, criminal intimidation, harassment, etc.lead suicide prone people to commit suicide. But in all such cases , the harassers should be prosecuted for the relevant crime. WHY an additional crime called 'abetment of suicide'?
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