Key differences between IPC and CrPC

As citizens of India, it is important to be well versed with the laws of our country, more so, when it comes to society at large. The criminal laws impact not just individuals but the entire society. The Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) are two of the most important legislation governing crimes in India. Besides these, the Indian Evidence Act, 1872 is the third legislation under criminal law in India.

The Indian Penal Code (IPC)

The Indian Penal Code is the official criminal code of India, which was drafted way back in 1860. It’s objective is to provide a general penal code for the country. It has 511 sections across 23 chapters, providing the list of crimes along with their definitions and punishments. The IPC has been amended several times and is now supplemented by other Acts. Its jurisdiction extends to the whole of India except the State of Jammu and Kashmir.

Here is the detailed overview of the important provisions of the CrPC –

• Chapter 1 – Introduction (Section 1 – 5)
• Chapter 2 – General Explanations (Section 6 – 52A)
• Chapter 3 – Of punishments (Section 53 -75)
• Chapter 4 – General Exceptions (Section 76 – 106)
• Chapter 5 – Of Abetment (Section 107 – 120)
• Chapter 5A – Of Criminal Conspiracy (Section 120A and 120B)
• Chapter 6 – Of offenses against the State (Section 121 – 130)
• Chapter 7 – Of offences relating to the army, navy and air force (Section 131 – 140)
• Chapter 8 – Of offences against the public tranquillity (Section 141 – 160)
• Chapter 9A – Of offences relating to elections (Section 171A – Section 171I)
• Chapter 10 – Of contempts of the lawful authority of public servants (Section 172 – 190)
• Chapter 11 – Of false evidence and offences against public justice (Section 191 – 229)
• Chapter 12 – Of offences relating to coin and government stamps (Section 230 – 263A)
• Chapter 13 – Of offences relating To weights and measures (Section 264 – 267)
• Chapter 14 – Of Offences Affecting The Public Health, Safety, Convenience, Decency And Morals (Section 268 – 294A)
• Chapter 15 – Of Offences Relating To Religion (Section 295 – 298)
• Chapter 16 – Of Offences Affecting The Human Body (Section 299 – 377)
• Chapter 17 – Of Offences Against Property (Section 378 – 462)
• Chapter 18 – Of Offences Relating To Documents And To Property Marks (Section 463 – 489E)
• Chapter 19 – Of The Criminal Breach Of Contracts Of Service (Section 490 – 492)
• Chapter 20 – Of Offences Relating To Marriage (Section 493 – 498)
• Chapter 20A – Of Cruelty By Husband Or Relatives Of Husband (Section 498A)
• Chapter 21 – Of Defamation (Section 499 – 502)
• Chapter 22 – Of Criminal Intimidation, Insult And Annoyance (Section 503 – 510)
• Chapter 23 – Of Attempts To Commit Offences (Section 511)

The Code of Criminal Procedure (CrPC) –

The Code of Criminal Procedure is the main legislation on the procedure for the regulation of criminal law in India. The CrPC details the procedure for the investigation of the crime, presenting criminals before the court of law, collection of evidence, determination of guilt or innocence of the accused, imposition of penalties or punishments etc. It further lays down the hierarchy of the courts competent to try criminal lawsuits. In descending order it is the High Court at the top followed by Sessions Court, First Class Judicial Magistrate, Second Class Judicial Magistrate and Executive Magistrate. There is a limit affixed for sentences which these courts can pass against the accused. The Supreme Court is the apex court, and it has the ultimate power. The code was enacted in 1973. At present, the CrPC contains 484 sections cut across 37 chapters. It also has two schedules and 56 forms.

Here is the detailed overview of the important provisions of the CrPC –

• Chapter 1 – Preliminary (Section 1 – 5)
• Chapter 2 – Constitution of Criminal Courts and Offices (Section 6 – 25)
• Chapter 3 – Power of Courts (Section 26 – 35)
• Chapter 4 – Powers of Superior Officers of Police (Section 36 – 40)
• Chapter 5 – Arrest of Persons (Section 41 – 60)
• Chapter 6 – Processes to compel Appearance (Section 61 – 90)
• Chapter 13 – Jurisdiction of the Criminal Courts in inquiries and trials (Section 177 – 189)
• Chapter 14 – Conditions requisite for initiation of proceeding (Section 190 – 199)
• Chapter 15 – Complaints to Magistrates (Section 200 – 203)
• Chapter 16 – Commencement of proceedings before magistrates (Section 204 – 210)
• Chapter 17 – The Charge (Section 211 – 224)
• Chapter 18 – Trail before a court of session (Section 225 -237)
• Chapter 19 – Trial of warrant-cases by magistrates (Section 238 – 250)
• Chapter 20 – Trial of summons-cases by magistrates (Section 251 – 259)
• Chapter 21 – Summary Trials (Section 260 – 265)
• Chapter 22 – Attendance of persons confined or detained in prisons (Section 266 – 271)
• Chapter 23 – Evidence in inquiries and trials (Section 272 – 299)
• Chapter 24 – General provisions as to inquiries and trials (Section 300 – 327)
• Chapter 25 – Provisions as to accused persons of unsound mind (Section 328 – 339)
• Chapter 26 – Provisions as to offences affecting the administration of justice ( Section 340 – 352)
• Chapter 27 – The Judgement (Section 353 – 365)
• Chapter 28 – Submission of death sentences for confirmation (Section 366 – 371)
• Chapter 29 – Appeals (Section 372 – 394)
• Chapter 30 – Reference and Revision (Section 395 – 405)
• Chapter 31 – Transfer of criminal cases (Section 406 – 412)
• Chapter 32 – Execution, Suspension, Remission and Commutation of Sentences (Section 413 – 435)
• Chapter 33 – Provisions as to bail and bonds (Section 436 – 450)
• Chapter 34 – Disposal of Property (Section 451 – 459)
• Chapter 35 – Irregular Proceedings (Section 460 – 466)
• Chapter 36 – Limitation for taking cognizance of certain offences (Section 467 – 473)
• Chapter 37 – Miscellaneous (Section 474 – 484)

Major Difference between IPC and CrPC –

1.  The IPC provides a substantive list of all crimes and lays down the punishment for each one of them. For example, Section 378 defines Theft as “Whoever, intending to take dishonestly any moveable property out of the possession of any person without that per­son’s consent, moves that property in order to such taking, is said to commit theft.” The punishment for the offence of theft is spelt out under Section 379 in the following words, “Whoever commits theft shall be pun­ished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.” On the other hand, CrPC is a procedural law, and it lays down the ways or methods to be followed in a criminal case. So if a person is charged with ‘theft’, it is the CrPC which provides further details as to how the investigation would be carried out, how evidence will be collected etc. So CrPC concerns itself with the procedural aspect of the crime.
2. The primary purpose of IPC is to provide a general penal code for India which prescribes punishments to wrong-doers. The primary goal of CrPC is to consolidate the criminal law in the country.
3. The Indian Penal Code is a substantive law whereas, the Code of Criminal Procedure is procedural law.

CONCLUSION –

The Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act are the three primary legislation governing criminal law in India. They continue to play an important role in the court of law for the effective administration of justice. Besides, there are other legislations such as the Prohibition of Child Trafficking Act, the Juvenile Justice Act, which supplement the three main legislation. Both the IPC and the CrPC are pan-India in nature and extend to the whole of the State. Jammu and Kashmir are beyond their jurisdiction. IPC is the only substantive law here, and the Indian Evidence Act and the CrPC are the procedural laws.

How to file a case on instances of sexual harassment at workplace

Sexual harassment in the workplace is one of the biggest problems which has started to increase as the corporate culture has begun to flourish. Anyone can be a harasser, and anyone can be a victim. It is insignificant as to who commits the offense. It could be a manager, co-worker, or even a non-employee like a client, contractor, or vendor. If the person’s conduct creates a hostile work environment or interrupts an employee’s success, is considered sexually harassing. An act which may amount to sexual harassment may vary from a sexually colored involuntary encounter with a senior employee of colleague, winking, whistling inappropriate touch or similar behavior. An act of a senior employee asking for a non-consented sexual favor from the junior employee, in lieu of promotion in the job, falls in the category of sexual harassment at the workplace.

To govern such actions and create a healthy working environment for women, Supreme Court of India, in the landmark case of Vishaka v. State of Rajasthan to fill the legislative vacuum laid down Vishaka Guidelines for the protection of women from sexual harassment at workplace. Later an act was passed by the legislature named, Protection of Women from Sexual harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

As per the rules governing sexual harassment at workplace, it is compulsory for all organizations with 10 or more workers to constitute an Internal Complaints Committee (ICC) for registration of complaints relating to sexual harassment and take action against the guilty employer or employee. Constitution of ICC is a legal right, and in case the workplace is refusing to constitute the same, they can be legally penalized.

The constituted ICC can file a complaint against the incident of sexual harassment at your workplace. A complaint must constitute the following details.

1. Name of the person by whom the complaint is filed.
2. The date on which the incident of sexual harassment took place
3. The time when the incident happened
4. Description of the incident or inappropriate behavior
5. Name of the person accused of sexual harassment
6. Working relationship between the victim and accused.

The complaint with the details mentioned above must be filed within three months of sexual harassment incident, with full confidentiality and speedy process. This sexual harassment complaint can be filed by anyone irrespective of gender. Lodging of an internal complaint with the ICC does not cease the right of the victim to lodge a criminal complaint against the colleague or employer. Reply to the complaint must be filed by the accused within ten days. An inquiry has to be completed within 90 days. The final report generated thereof must be submitted to the Employer or District officer within ten days. The Employer or the District Office has to act on recommendations within 60 days. In addition to this, if the victim or accused is not satisfied with the recommendations of the ICC or LCC (Local Compliant Committee), a further appeal can be filed before a tribunal or a court.

In the case of  Apparel Export Promotion Council vs A.K. Chopra placed before the SC of India, Accused mentioned that the penalty on him was harsh and disproportionate to the charge leveled against him. It was concluded by the research that the accused had not actually molested the victim, but had only tried to assault her and had not made any physical contact with her. On this, the Staff Committee observed that no lenient view would be justified in a case of molestation of a woman employee when the charge was fully proved. Any sympathetic action in such a situation would have a demoralizing effect on working women. One of the judges from the bench, in this case, remarked that they would not wait for a girl to be raped and then the charges of sexual harassment could be logged. Hence the charges levied on the accused are reasonable and not disproportionate.

Apart from the complaint mechanism, the employer can take another recourse such as Criminal proceedings and Disciplinary action.

Know More:  Sexual Harassment at Workplace

Under Criminal proceedings, as per Vishakha Guidelines, when the conduct of accused amount to a specific offense under IPC or any other law, the employer shall initiate appropriate actions in accordance with the law. Attention must be paid to ensure that victim or witnesses are not victimized or discriminated against while dealing with the complaints of sexual harassment. Following are the specific provisions of Indian Penal Code, that can be applied in a sexual harassment case thereby making it a criminal complaint.

Section 294, talks about the obscene act in public place.

Section 354, embodies the provision when whosever assaults or uses criminal force on any women, intending to outrage her modesty.

Section 509 holds that whosoever intending to insult the modesty of women, utters any word, makes any sound or gesture or exhibits any object or intrudes upon the privacy of such women. The same shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

In addition to the aforementioned recourses, when such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action must be initiated by the employer in accordance with the rules.

A civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by sexual harassment.

Top 5 Advantages and Disadvantages of Section 498A IPC

Section 498A of the Indian Penal Code was introduced in the year 1983. This section was added to protect a married woman from subject to cruelty from her husband or her in-laws. The term “cruelty” here refers to any harm caused to the person both mentally or physically. Section 498A IPC protects a woman from harassment related to dowry or any marital issues. According to this section, the accused is subjected to 3 years of punishment or fine. Though this section was introduced to protect women from exploitation, it has got some disadvantages too, which we shall see in this article.

What is Section 498A IPC?

Here’s the text of the Article 498A IPC as mentioned in the Indian Penal Code:

Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Advantages of Section 498A IPC

• Prevents the Exploitation of Women:

The exploitation of women has always been a critical issue since for years. One of the major advantages of introducing this section is protecting women from getting exploited.  If any woman is being subjected to cruelty as explained in the section, then it would be taken as a punishable offense. And whoever subjects her to cruelty shall be punished for three years or pay a penalty fine.

• Empowers the Women:

Section 498A seems to have empowered women in Indian. It has encouraged women to come forward and file complaints. Initially, women hesitated to raise voice against the harassment with the fear of not being heard.  With the increased number of cases under this section, women do not feel hesitated any more to register their complaints. Women are now voicing against her husband or in-laws rather than staying silent in such gravity situations.

• Effectively Controls the Suicide Rates:

Given increased cases of cruelty on women by her husband or her in-laws, 498A was introduced. The number of suicidal cases due to cruelty has decreased greatly after the introduction of 498A IPC. Before the introduction of this section, it was found that about 40% of women deaths were suicidal cases. Reduction of suicidal cases is one of the main objectives behind introducing this law, which has been carried out effectively.

• The Deaths due to Dowry have been Reduced:

If a person has caused dowry death to a woman, then he would be taken in custody or may be punished. Increase in the number of dowry deaths is a serious concern for Indian Law. Therefore, 498A was introduced to reduce the cases of dowry deaths. If a woman is mentally or physically abused for not bringing a dowry with her, she has all the rights to register a complaint and seek justice. This provides them with an option to seek their right to live instead of committing suicide.

• Makes the In-Laws More Responsible:

All the cases registered under this section and the punishment given to them has set an example for others. Husbands and his relatives are now becoming more concerned about their responsibility and non-negligible towards their duties. The section 498A IPC thereby ensures that every woman needs to be treated with respect and care.

Disadvantages of Section 498A IPC

Apart from having so many advantages for the women there, the article 498A IPC has a huge number of shortcomings which need to be addressed to soon. There are several disadvantages of this Act which are making the premise redundant. The top 5 disadvantages of the section 498A IPC are:

• Easily Misused:

Many women use this power as a weapon against their husbands and their relatives. There are many cases under 498A, which involves wrong allegation cases. Many times, the women put false allegations on her husband of being beaten or getting exploited to instill in them a fear. In many cases, the husband is the victim but still ends up getting punished, and his family is left at the mercy of an ill-minded woman.

• Lack of Investigation increases Blackmails:

There is no proper investigation made on the complaints registered by the woman. In most of the cases, the husband is directly taken into custody without even investigating if that allegation is right or not. Therefore, it cannot be guaranteed completely that all the cases registered by the women under 498A are entirely true. This is misused by the privileged women in most of the cases.

• Too Complex a Process:

From registering a complaint to availing justice, section 498A involves a complicated process. It includes a lot of paperwork to finish the formalities. Moreover, it includes a lot of time and efforts. This discourages many women as they feel uneasy taking their time out, go to the police station, and file complaints. Furthermore, they feel the whole process testing their patience level to get justice, which is a clear violation of the saying Justice Delayed is Justice Denied.

• Unreliable Evidence:

When women resister their case, many times, they are asked for evidence to prove their point.  In many cases, women fail to find evidence in to file the case. There have been many cases which are declined due to no evidence presented. Not only women, but it happens in the case of men too. If they want to prove the allegation put on them wrong, they are asked to bring the evidence. And failure to present the evidence may lead to non-consideration of the complaint. This makes the law heavily biased, which is against the fundamental principle of equality as guaranteed by the Constitution of India.

• Social Discouragement Enhanced:

In most of the cases, it was found that women gather all their courage to raise voice against the harassment but don’t file a case. The reason behind this is the discouragement of her family members, mainly in rural areas. Therefore, the real victims do not get to use the act at all while it is being misused by the privileged ones. The society is yet to accept this and hence shames the women raising their voices. Hence, due to a fear of social boycott, women are discouraged from taking any actions. 

Conclusion

Section 498A IPC has helped many women to get justice against the atrocities committed by their in-laws. However, it has got a few negative points too. Although women empowerment is a need of the hour, it is mandatory to make sure that no injustice is done to the men as well. A reformation in the act is required at the earliest to reap the benefits of this act by the last person of the pyramid.

Ten Clarifications On Non-Disclosure Agreement India And Its Sample Format

What is a non-disclosure agreement?

Known by various names such as confidentiality agreement (CA), confidentiality disclosure agreement (CDA), proprietary information agreement (PIA) and secrecy agreement (SA), a non disclosure agreement meaning is a legally binding contractual obligation between two or more parties containing information that the parties keep it confidential. A third party is not given access to the information present in a non-disclosure agreement. An NDA aims to create a confidential agreement whereby, both the parties mutually agree not to disclose information to a third party, which could also be a trade secret. NDAs play a major role in protecting private sensitive information as well as Intellectual Property rights by clearly outlining as to what information must be kept confidential and what must be made available to the world. An NDA is usually contracted between two entities, companies or individuals who consider doing business with each other and to understand the nature of the business carried out by each other. NDAs cannot be enforced if the contracted activities are felonies, just like all other contracts.

A few examples of a Non disclosure agreement are:-

1. Attorney-client privilege
2. Doctor-patient confidentiality
3. Priest-penitent privilege
4. Bank-client confidentiality

Types of Non Disclosure agreement

There are three kinds of non-disclosure agreements, namely unilateral, bilateral and multilateral.

1. Unilateral: In a unilateral non-disclosure agreement, there are two parties and one party anticipates the disclosure of certain information to the other party and protects that information from getting further disclosed. Example – Protection of a trade secret.
2. Bilateral: Unlike a unilateral non-disclosure agreement, bilateral non-disclosure agreement requires two parties to anticipate in disclosing information to each other that intends each to protect them from further disclosure. A bilateral NDA is also called mutual or two-way NDA.
3. Multilateral: As the name suggests, such an NDA requires three or more parties where at least one party anticipates disclosing some information to the other parties from further disclosure of the same. Hence, in such a kind of NDA, the parties usually have the scope of reviewing, deliberating and finally reaching a unanimous judgement.

The content of a Non-Disclosure Agreement

An NDA clearly defines who are the parties to the contract are. It is for the parties, (whether two, three or more) to decide what information must be kept confidential. In other words, the parties define the word ‘confidential.’ The way in which the recipient is ought to handle the confidential information, failing which will result in the breach of contract is also prescribed in an NDA. An NDA also mentions the disclosure period and the information not disclosed during the said period will not be deemed as confidential. Apart from these an NDA also defines the terms and conditions of the parties, the law and jurisdiction under which they are governed, no.of years the agreement is binding on them, if or not certain information can be disclosed to a third person with permission, etc.

 Non Disclosure Agreement in India

In India, a non-disclosure agreement is governed and protected by the legislation known as the Indian Contract Act,1872. It is mandatory for an NDA to be stamped to be legally enforceable in India. A penal action can also be initiated against an employee under Section 406 of the Indian Penal Code, 1860 for Criminal breach of trust if he/she engages in misusing and disclosing a secret information which was protected under an NDA. Further, civil proceedings are also maintainable under Section 63 of the copyright act, if the information protected under copyright act is stolen.

A Non Disclosure Agreement sample used in India

THIS NON-DISCLOSURE AGREEMENT (the “Agreement”) is entered into on this 29th day of June, 2016 by and between XYZ, having its registered office at A-7 Second floor, Connaught Place, New Delhi-110028  ( the “Receiving Party”), and …………………………………………………………….(operating under the trade name “A B C”), having its office at …………………………………………………………………………, (the “Disclosing Party”).

The Receiving Party hereto desires to participate in discussions regarding providing financial assistance in the form of various products from time to time to small and medium enterprises introduced to it by the Disclosing Party (the “Transaction”).  During these discussions, the Disclosing Party may share certain confidential and proprietary information with the Receiving Party.  Therefore, in consideration of the mutual promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

This includes —-

1. Definition of Confidential Information.
2. Disclosure of Confidential Information
3. Use of Confidential Information
4. Compelled Disclosure of Confidential Information.
5. Term.
6. Remedies.
7. Return of Confidential Information.
8. Notice of Breach.
9. No Binding Agreement for Transaction
10. Warranty.
11. Miscellaneous.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

DEF Ltd.,                                                                                    ABC.. Pvt. Ltd.                  

XYZ                                                     By                          _____

Vice President                                                           Name:

                                                                                Title: Director

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10 Small But Important Things To Observe In Attested Documents : Procedure In India

If in the case of self-attested copy, you should sign the photocopy.”

Attest is a legal term that exemplifies to the fact that a person swears word or asseverates the fact of something. Attestation may be contrived by demeanor witness to the decapitation of a document by signing his/her signature on the document. Some attestations swear to the veracity of the content of the document and others swear to the honesty of the document signatures.

• On the other hand, attestation is called Apostille when it is required on document destined for use abroad. All states require slightly two witnesses to demonstrate that a velleity was signed and self-confessed to be decisive.

• There is repudiation in some states for a hankering written in one’s own handwriting. Attest is a legal term that exemplifies to the act of a person’s swear word to or asseverates the truth of something.

Attestation may be made by demeanor witness to the decapitation of a document by signing one’s signature on the document. Some attestations swear to the veracity of the content of the document and others swear to the honesty of the document signatures.

• All states require slightly two witnesses to demonstrate that a velleity was signed and self-confessed to be decisive. There is repudiation in some states for a hankering written in one’s own handwriting.

• Attest may also refer to the giving of attestation in court by demeanor witness or asseverate something to be true, authentic, or correct. For example, in order to view convinced sensitive information, a person can be required to sign a form verifying to the fact that the person fathom the purpose of dropping this information they know that it is unlawful to use the information obtained from the database to execute a crime, discriminate against or hound any subject person of the records. When your eyewitness a document, you are verifying that, affirming and certifying that the person, whom you set surveillance on, sign the document. You are only accepting that you have seen it being signed by the person whose name is on the signature line.
• Attestation is enforced if eyewitness must be present at the inscribing of a legal document. The eyewitness then corroborates that they noticed the legal signing of the document by laying their own signatures on the document.
• The signing of the drive more often than a required bystander to authenticate, as every state needs at least two splurges to attest or the annals. The signal of the power of advocate and indoctrinated types of pledge also generally requires the observer to attest to them.

Read Also: 8 Legal Documents to Check Before Buying Property

So thereby, the witness who verify served no idea other than to verify they supported all other sections harbingering their names to the document.

• A verifying official should also attest to the legal exactness and credibility of a document by tracing his/her name on it. This is mainly done when copies of the document that needs eyewitness signs must be made.

       Documentation Clause Law & Legal Definition

1. Attestation Clause refers to a plan at the end of a gizmo where the bystander certifies that the gizmo has been carried out before them, and the way of the execution of the same.
2. It states that the gizmo has been finished in the aspect prescribed by law in the existence of the witness who places his/her signature in the nominated space. The attestation invigorates the suspicion that all the legal requirements for beheading the intention have been contented.
3. When there is an attestation clause to a velleity, endorsed by witnesses, the premise, though meager, is that the intention is in an unadorned state and it needs to be removed by some extraneous situation.
4. An attestation clause is intermittently erect in legal documents that must be endorsed if they are to be credible, for example, a desire or an accomplishment.
5. The usual attestation clause to a will is: “Endorsed, Fixed, Bring Out and stated by the above-named CD and for his last desire and testimony in the existence of us, who includes subscribed our names as the spectator peril, in the existence of the said divisor, and of each other.

Read Also: Know Some Important Features of the Indian Evidence Act

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7 Things That You Never Expect On History Of The Court Fees Act, 1870

History of the Court Fees Act, 1870 –

The Courts are institutions where the aggrieved go to seek justice. With the establishment of Courts in India, a system evolved for the payment of fees for the adjudication of cases. The rates of stamp fees leviable in courts and offices established beyond the local jurisdiction of the ordinary original civil jurisdiction of the High Courts of Judicature at Fort William in Calcutta, Madras, and Bombay and in proceedings on the appellate jurisdiction of High Courts were governed by the Act XXVI of 1867. However, within a span of about two years, it was considered necessary to make a general reduction in the rates on the institution of civil suits and to rely on the principle of maximum fee which was obtained under the previous law. Also, in order to rectify the repressive effect and to avoid future confusion between stamp-revenue proper and the revenue derived, a comprehensive bill known as the Court Fees Bill was introduced in the Legislature. Now it is known as the Court Fees Act, 1870. 

The Court Fees Act, 1870 –

The Act extends to the whole of India except the territories comprised in Part B states before the 1st of November, 1956. The Act came into force on 1st April 1970. It contains 6 chapters, 37 sections, and 3 schedules.

Types of Court Fees –

There are two kinds of court fees under the Court Fees Act –

• Ad Valorem Court fees (Schedule 1) – it means according to the valuation. Ad valorem duties are always estimated at a certain percent, on the valuation of the property as opposed to fixed or specific duties.
• Fixed or specific court fees (Schedule 2).

Computation of Court Fees –

Section 7 of the Act contemplates three types of valuation of the subject-matter of a suit.

• By valuing it according to its market value.
• By ascribing to the subject-matter an artificial value based simply on the certain fixed rule of calculation.
• By requiring the plaintiff himself to value the relief he seeks.

This section only applies where the ad valorem fee is payable.

Here is the detailed breakdown of the rule of computation of court fees in these kinds of suits –

• Suits for money – According to the amount claimed.
• Suits of maintenance and annuities or other sums payable periodically – Ten times the amount claimed to be payable in a year.
• Suits for movable property where the subject matter has a market value – According to the market value at the date of presenting the plaint.
• Suits for the possession of land, buildings or gardens – According to market value or (net profit x 15 times), whichever is higher.
• Suits for Pre-emption – If instituted under Muslim Personal Law, then according to the market value of the land.
• Suits for partition – According to the market value of the share in respect of which the suit has been instituted.
• Suits for the interest of an assignee of land revenue – Fifteen times of net profit.
• Suits to set aside an attachment of land – According to the amount for which the land was attached.
• Suits to redeem mortgaged property and suit for foreclosing – According to the principal money
• Suits for injunction or for a right to some benefit to arising out of the land – In such suits, the plaintiff shall state the amount at which he values the relief sought.

Section 35 of the Court Fees Act –

The 1[Appropriate Government] may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of 2[the territories under its administration], all or any of the fees mentioned in the First and Second Schedules to this Act annexed,—The 2[Appropriate Government] may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of 3[the territories under its administration], all or any of the fees mentioned in the First and Second Schedules to this Act annexed,” and may in like manner cancel or vary such order.

The Section states that the appropriate government, whether Central Government or respective State Governments from time to him, has the authority to reduce or remit fees as mentioned in the First and Second Schedules of the Act. It may in like manner also cancel or vary such an order.

CONCLUSION –

The Court Fees Act is a fiscal enactment. Its primary objective is to shield or protect the revenue of the State. It was passed to secure the revenue for the benefit of the State. Court Fee is considered as a State debt. The government has an obligation to pay court fees as much as any other party who approaches the court of law. This act also determines the jurisdiction of civil courts.

It is not mandatory for the court-fee value and the jurisdictional value to be the same. The right procedure is to ascertain the value for court fees at first and then adopt the same valuation for the jurisdiction.

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