Law Essentials

In the digital age, eCommerce has become an integral part of our lives. While online shopping offers convenience and access to a global marketplace, it also exposes consumers to new forms of fraud. Let’s explore consumer protection laws that safeguard online shoppers and outline the legal remedies available when facing eCommerce fraud.

In general parlance, consumer protection means the protection of consumers from an assortment of unfair trade practices. The Court in Raghubir Singh v. Thakurain Sukhraj Kuar explained that the rationale behind such protection is to avoid consumers’ exploitation at the end of the business community and to hold back various business malpractices. Usually, commercial organizations are well organized, better informed and have a better dominating position in the market.

Understanding eCommerce Fraud

eCommerce fraud encompasses a wide range of deceptive practices, including fake websites and stores, counterfeit products, non-delivery of goods, unauthorized credit card charges, identity theft, and phishing scams. As these fraudulent activities evolve, so do the laws designed to protect consumers.

In India, the Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) Rules, 2020 protect consumers from e-commerce fraud:

Consumer Protection Act 2019

This act defines a consumer as anyone who buys goods through online or offline transactions, and it includes rules to prevent fraud and unfair trade practices.

Consumer Protection (E-Commerce) Rules, 2020

These rules protect consumer rights, including the right to information, transparent return policies, and protection from unfair trade practices. They also require e-commerce platforms to provide accurate product information, establish systems for resolving customer concerns, and prohibit deceptive business practices.

Steps to Protect Yourself

While legal remedies exist, prevention is always better than cure. Here are some steps to protect yourself from eCommerce fraud:

1. Shop on reputable websites

2. Use secure payment methods

3. Be wary of deals that seem too good to be true

4. Keep records of all online transactions

5. Regularly monitor your financial statements

6. Use strong, unique passwords for online accounts

7. Be cautious about sharing personal information online

Conclusion

Consumer protection laws provide a safety net for online shoppers, but navigating the legal landscape can be challenging. By understanding your rights and the available remedies, you can shop online with greater confidence. Remember, if you fall victim to eCommerce fraud, act quickly to report the incident and seek appropriate legal recourse.

Stay informed, stay vigilant, and happy (safe) shopping!

In a landmark move, India has undertaken a major revamp of its criminal justice system with the introduction of three pivotal laws: the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam. Having gone into effect from July 1, 2024. These new laws replace their predecessor- the Indian Penal Code (IPC), 1860, the Criminal Procedure Code (CrPC),1898, and the Indian Evidence Act, 1872, with a motive of bringing significant reforms aimed at modernising and streamlining the country’s legal framework.

These Acts aren’t merely cosmetic updates, but a comprehensive reworking of India’s criminal laws, aiming to address the long-standing inefficiencies and inadequacies of the existing statutes, which have been sometimes criticised for being outdated and unresponsive to the needs of modern society.

As Plato said ‘Need is the mother of Invention’, well in this case also the drive for these changes was fueled by the necessity to enhance legal procedures, integrate technological advancements, and ensure more robust protection of citizens’ rights.

Let’s have a read about what makes them different from their predecessors:

Bharatiya Nyaya Sanhita (BNS) Act

This act replaces the Indian Penal Code (IPC) and introduces new definitions and provisions for criminal offences.

Key Features:

• Modernization of Offenses: Updates outdated definitions and incorporates new crimes such as cybercrimes and economic offences.
• Victim-Centric Approach: Enhances provisions for victim compensation and rights.
• Simplification and Reduction of Sections: The new code has eliminated many outdated and redundant sections from the IPC, replacing them with more precise and relevant provisions. For instance, older terms and definitions that had become archaic or irrelevant have been updated to reflect current legal and social contexts. This move aims to make the legal text more user-friendly and eliminate the complexities that often lead to misinterpretation and misuse.
• Enhanced Focus on Crimes Against Women and Children: One of the significant emphases of the Bharatiya Nyaya Sanhita is the protection of women and children, reflecting the increased societal focus on these vulnerable groups. The new code introduces stringent measures to combat crimes such as human trafficking, sexual exploitation, and domestic violence. For example, the punishment for rape has been made more severe, with provisions for life imprisonment and even the death penalty in cases involving minors or extreme brutality. Additionally, new sections have been introduced to address stalking, acid attacks, and other forms of gender-based violence comprehensively.

Implications:

• Clarity and Accessibility: Easier for the general public to understand and for law enforcement to implement.
• Enhanced Justice Delivery: More focus on victim’s rights could lead to more equitable justice.

Order Bharatiya Nyaya Sanhita, 2023

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Bharatiya Nagarik Suraksha Sanhita (BNSS) Act

This act replaces the Code of Criminal Procedure (CrPC), focusing on procedural reforms to expedite the criminal justice process.

Key Features:

• Speedy Trials: Introduction of measures to reduce delays in criminal trials.
• Replacing the Criminal Procedure Code (CrPC): The Bharatiya Nagarik Suraksha Sanhita aims to eliminate procedural delays, reduce bureaucratic hurdles, and introduce more effective methods for crime investigation, and prosecution.
• Digitalisation and Modernisation: One of the standout features of the new code is the extensive incorporation of digital technologies. This Act mandates the use of digital records and e-governance platforms to streamline the documentation and tracking of cases. This move is expected to significantly reduce paperwork, minimise errors, and enhance the accessibility of case information for all stakeholders. For instance, the introduction of e-FIR (First Information Report) allows individuals to; lodge complaints online, making the process more accessible and efficient. This is particularly beneficial in remote and rural areas where access to police stations may be limited. Additionally, digital platforms for tracking the status of complaints and investigations provide greater transparency and accountability.
• Introduction of Zero FIR and e-FIR: The concept of Zero FIR has been formalised and expanded under the new code. Zero FIR allows a complaint to be registered at any police station, regardless of jurisdiction and then transferred to the appropriate station. This provision is crucial in ensuring timely action in cases of serious crimes, particularly those involving women and children.
• The e-FIR system enhances this further by enabling the filing of FIRs through online platforms. This not only simplifies the process for citizens but also helps in creating a digital trail that can be easily monitored and audited, reducing instances of corruption and negligence.:
• Videography in Search and Seizure Operations: To enhance the integrity of search and seizure operations, this Act mandates the videography of such procedures. This measure aims to prevent tampering and ensure that all actions taken by law enforcement are documented and transparent. The use of body cameras and other recording devices is expected to increase accountability and build public trust in the police force.
• Provisions for Speedy Trials: Recognising the chronic issue of delayed justice, the new code introduces several measures to expedite trials. These include stricter timelines for the completion of investigations and trials and the establishment of fast-track courts for handling cases of serious offences. The law also provides for summary trials in cases of minor offences, ensuring that these do not clog the judicial system and that justice is delivered swiftly.
• Enhanced Police Accountability: Provisions for greater oversight and accountability of law enforcement agencies.

Implications:

• Efficiency: The faster resolution of cases can reduce backlog and enhance the efficiency of the judicial system.
• Transparency: Greater accountability of law enforcement could lead to increased public trust.

Order Bharatiya Nagarik Suraksha Sanhita, 2023

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Bharatiya Sakshya Adhiniyam (BSA) Act

This Act replaces the Indian Evidence Act, 1872 aiming to modernize the rules of evidence.

Key Features:

• Digital Evidence: Recognition and incorporation of digital evidence.
• Replacing the Indian Evidence Act: This Act introduces new definitions, expands the scope of admissible evidence, and ensures that the legal framework keeps pace with the digital age.
• Expansion of the Definition of Evidence: The new law broadens the definition of evidence to include digital and electronic records explicitly. This change is crucial in an era where digital communication and transactions are prevalent. Under the previous act, the admissibility of such evidence often faced challenges due to outdated definitions and a lack of clear guidelines. For instance, emails, text messages, and digital documents are now explicitly recognised as valid forms of evidence, provided they meet certain authenticity criteria. This expansion ensures that the legal system can effectively handle cases involving cybercrimes, financial frauds, and other offences that heavily rely on digital evidence.
• Inclusion of Digital and Electronic Records: To address the complexities of digital evidence, the Bharatiya Sakshya Adhiniyam includes detailed provisions on the collection, preservation, and presentation of electronic records. The law mandates the use of certified digital signatures and secure authentication methods to verify the integrity of electronic records. Additionally, specific guidelines are provided for the admissibility of digital photographs, videos, and other multimedia evidence, ensuring that such evidence is not easily manipulated or contested.
• Mandatory Forensic Team Visits for Serious Crimes: To ensure a thorough and unbiased investigation of serious crimes, the new law mandates the involvement of forensic teams in such cases. This requirement aims to standardise the collection and analysis of forensic evidence, minimising the risk of tampering and ensuring that investigations are conducted scientifically. For example, in cases of homicide, sexual assault, and large-scale financial fraud, forensic experts are required to visit the crime scene, collect evidence, and provide detailed reports. This practice not only strengthens the evidentiary base but also enhances the credibility of the investigation process.
• Witness Protection: Enhanced measures to protect witnesses and ensure their safety.
• Simplified Rules: Streamlining evidence rules to make them more straightforward.

Implications:

• Adaptability: More adaptable to current technological advancements and types of evidence.
• Witness Cooperation: Improved witness protection could lead to better cooperation from witnesses, strengthening the judicial process.

Order Bharatiya Sakshya Adhiniyam, 2023

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Overall Implications

1. Legal Modernization: These acts collectively aim to update and modernize the criminal justice system, making it more relevant to contemporary issues and challenges.
2. Increased Efficiency and Transparency: Streamlined procedures and enhanced accountability mechanisms could lead to a more efficient and transparent justice system.
3. Victim and Witness Protection: A greater focus on the rights and safety of victims and witnesses could result in a more humane and fair justice process.
4. Technological Integration: The incorporation of technology could revolutionize the way evidence is collected, processed, and presented in court, leading to more accurate and timely justice delivery.

These reforms represent a significant shift towards a more efficient, transparent, and modern criminal justice system in India.

EBC, a pioneer and prompt contributor to the law fraternity kept a close watch on these developments and published EBC’s Bare Acts on New Criminal Laws– Bharatiya Nyaya Sanhita (BNS) Act, Bharatiya Nagrik Suraksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA).

Hon’ble Union Minister of Home Affairs, Shri Amit Shah unveiled these EBC Bare Acts to acknowledge the valuable section-wise comparisons of the new laws with the older

Shri Amit Shah shared that “Introducing the reference books on the three recently enacted transformative criminal justice laws. The three books published by Eastern Book Company have given useful section-wise comparisons of new laws with the old ones. The books highlight the vision of the Government for a fair and speedy justice delivery system.”

Moreover, detailed commentaries by J.K. Verma on these new Acts have also been released and are in huge demand:

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The legal landscape in the Indian aviation industry has been rapidly evolving due to the growth of the aviation sector, increasing globalization, technological advancements, and changing regulatory frameworks. Some key factors contributing to this changing landscape include Airport Privatization. The Indian government has been focusing on privatizing airports to improve infrastructure and efficiency. This has led to new legal challenges, such as drafting contracts, ensuring regulatory compliance, and handling disputes related to public-private partnerships (PPP). Liberal Foreign Investment Policies allow foreign players to invest in Indian airlines and airports. Legal professionals are increasingly dealing with cross-border investments, mergers, and acquisitions within the aviation sector. Various other factors are also at play:

1. Regulatory Changes

• New Aviation Policies: The Indian government has introduced and updated policies, such as the National Civil Aviation Policy (NCAP) 2016, which aims to enhance regional connectivity, simplify regulations, and promote ease of doing business. UDAN Scheme (Ude Desh ka Aam Naagrik): Launched to boost regional connectivity by making air travel affordable and accessible to the common man.
• Directorate General of Civil Aviation (DGCA): The DGCA regularly updates aviation safety and security regulations. This includes the introduction of new standards for aircraft safety, maintenance, and drone regulations.

2. Growth of Low-Cost Carriers (LCCs)

• Expansion of LCCs: The rise of low-cost carriers like IndiGo, SpiceJet, and others has led to legal issues related to labour laws, consumer rights, contract disputes, and compliance with safety regulations. There is an increasing emphasis on protecting passenger rights, leading to more disputes related to delays, cancellations, and compensation.

3. Emerging Drone Regulations

• Unmanned Aerial Vehicles (UAVs): With the growing popularity of drones for commercial and recreational purposes, India introduced the Drone Rules 2021 to regulate drone operations. This includes legal requirements for registration, pilot certification, and privacy concerns. The legal framework is still evolving, requiring specialized legal expertise in drone technology and operations.

4. Air Safety and Liability Issues

• Air Accidents and Safety Standards: With an increase in air traffic, the potential for accidents also rises. The legal landscape surrounding air accidents, liability claims, and compensation is evolving. New legislation, such as the Aircraft (Investigation of Accidents and Incidents) Rules, 2017, governs air accident investigations.
• Legal Disputes and Insurance Claims: As air travel expands, there is a rise in disputes related to passenger rights, cargo claims, and insurance settlements. The evolving nature of these disputes requires legal expertise in specialized aviation law.

6. Technology and Cybersecurity

• Digital Transformation and Cybersecurity Regulations: With the use of artificial intelligence and big data in airport and airline operations. This brings new legal challenges regarding data protection, privacy, and cybersecurity. As cyber threats increase in the aviation sector, laws around cybersecurity are being updated. Legal professionals are increasingly involved in ensuring compliance with these regulations.

7. Consumer Protection and Competition Law

• Passenger Rights: There is an increasing focus on consumer protection in aviation, leading to the development of laws and regulations concerning airline service quality, fare transparency, and compensation for overbooking or delays.
• Competition Law in Aviation: The Competition Commission of India (CCI) has been actively monitoring anti-competitive practices in the aviation sector, including price-fixing and abuse of dominance by airlines, leading to a new area of legal work.

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WHAT ARE THE CAREER PROSPECTS IN THE FIELD OF AVIATION LAW:

1. Private Practice

• Regulatory Compliance: Aviation lawyers assist airlines, airports, and aviation service providers in complying with national and international aviation regulations (e.g., those from the ICAO, FAA, DGCA) and Handling disputes related to air accidents, cargo claims, and passenger rights.

2. In-house counsel for Airlines

• Advisory Role: Providing legal counsel to airlines on issues ranging from passenger rights, labour law, aviation safety, and insurance claims.
• Compliance and Risk Management: Ensuring that airline operations align with local and international regulatory requirements.

3. Government and Regulatory Bodies

• Policy Making & Enforcement: Working with aviation regulatory bodies such as the DGCA, FAA, or ICAO to develop aviation laws and regulations and being part of the legal teams investigating air accidents and enforcing aviation laws.

4. International Organizations

• ICAO and IATA: Opportunities for legal professionals to work with international aviation organizations like the International Civil Aviation Organization (ICAO) or the International Air Transport Association (IATA), providing policy advice, drafting international treaties, or working on aviation safety standards.
• Dispute Resolution and Arbitration: Representing parties in international aviation disputes, often under the framework of treaties and conventions.

5. Academia and Research

• Teaching and Research: Opportunities exist in academic institutions to teach aviation law or conduct research on evolving legal challenges in the aviation sector.
• Conferences and Publications: Engaging in thought leadership, writing articles, or speaking at aviation law conferences.

6. Aviation Insurance

• Claims Handling: Representing aviation insurers and handling claims related to air accidents, loss of cargo, and damage to aircraft.
• Risk Assessment: Advising insurers and reinsurers on aviation risks and structuring insurance policies accordingly.

Elevate your career with EBC Learning’s comprehensive One-Year Advanced Diploma course in Aviation Law, crafted by industry experts to help you take flight in your profession. Whether you’re a legal professional, an aviator, or a retired serviceman, this course is tailored for you. Don’t miss your chance to soar- enroll now and embark on your journey!

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Introduction:

The All India Bar Examination (AIBE) is a crucial examination for aspiring lawyers in India, conducted by the Bar Council of India (BCI). This exam aims to assess the legal knowledge and skills of law graduates, ensuring that they possess the competence needed to practice law in India. After clearing the All India Bar Examination, the candidate is awarded a certificate of practice by the Bar Council of India. Qualified members in the exam can attend court hearings in any tribunal’s courts and administrative bodies.

Background:

The AIBE was introduced in 2010 as a mandatory examination for law graduates who wish to practice law in India. The primary objective is to evaluate whether candidates have a minimum level of understanding of the law and ethics necessary to serve as legal professionals. The examination has evolved over the years to reflect changes in the legal landscape and to maintain high standards in the legal profession.

Examination Process:

The AIBE typically consists of multiple-choice questions (MCQs) and essay-type questions. The examination assesses candidates on various subjects, including constitutional law, criminal law, civil law, professional ethics, and legal reasoning. The exam is conducted in 53 cities having 261 centres as an open-book exam and conducted offline in 3 and half hours duration.

Eligibility

All India Bar Examination can be attended on the below eligibility:

• Members should hold a law degree (3-Year/5-Year) from a recognised institute of law approved by the Bar Council of India.
• They should have been registered with their respective State Bar Councils.
• No upper age limit for appearing in the exam.

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AIBE XIX (19) 2024-25: The Bar Council of India (BCI) has released the AIBE 19 (XIX) official notification. As per the official notification, AIBE XIX (19) 2024-25 Exam Date is November 24, 2024. Click here to register for the AIBE-XIX.

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Get prepared for the AIBE 2024

To prepare for the All India Bar Examination (AIBE) in 2024, it’s essential to have the right study materials and books that cover the required subjects and topics. When selecting books and study materials, it’s crucial to align them with the AIBE syllabus and the specific subjects you need to cover. Additionally, consider your own learning style and preferences when choosing resources. Some candidates prefer comprehensive textbooks, while others may benefit from more concise study guides and practice papers.

Here are the best books for the All India Bar Examination (AIBE-2024):

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