Legal history or the history of law is the study of how law has evolved and why it changed. Legal history is closely connected to the development of civilizations and is set in the wider context of social history. Among certain jurists and historians of legal process it has been seen as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts, some consider it a branch of intellectual history. Twentieth-century historians have viewed legal history in a more contextualized manner more in line with the thinking of social historians.
They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyze case histories from the parameters of social science inquiry, using statistical methods, analyzing class distinctions among litigants, petitioners and other players in various legal processes. By analyzing case outcomes, transaction costs, number of settled cases they have begun an analysis of legal institutions, practices, procedures and briefs that give us a more complex picture of law and society than the study of jurisprudence, case law and civil codes can achieve.
India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization.[ii] Notwithstanding this, the development of ‘law’ as a profession is only a recent phenomenon. The Indian legal profession is one of the largest in the world and plays a vital role in the world’s largest democracy. While the roots of this profession lie before Independence, since then the profession has evolved immensely and currently faces various challenges; the most important being to provide access across the profession, ensure ethical foundations and modernize the practice across the board.
A well-organized and independent legal profession is an essential condition for proper administration of justice.[iii] It is also a necessary ingredient and guarantor of the rule of law.[iv] Its proper organization and maintenance of its independence are, therefore, necessary for a good and just society. This project, traces the history of our efforts in that direction. It will be too ambitious to trace that history from the time of ancient or even Muslim rulers because firstly, we have very little information about that and secondly, our present legal profession, like most of the other legal institutions, is based on the British model. Therefore, we trace the history of the Legal Profession in India form the advent of British rule.
The authors of the instant research hope that this piece of work provides the readers with a decent understanding of the history of the Legal Profession in India. The instant work shall give a brief highlight to the development of the Legal Profession in the world before addressing India.
A BRIEF HISTORY OF THE LEGAL PROFESSION IN THE WORLD
The development of the legal profession has received a lot of attention from scholars. This can be seen in Paul Brand’s The Origins of the English Legal Profession (1992), and J.H. Baker’s The Legal Profession and The Common Law – Historical Essays (1986). The eminent jurist Roscoe Pound also wrote The Lawyer from Antiquity to Modern Times (1953).
In Peter Coss (Ed.), Thomas Wright’s Political Songs of England (1996), the following verse occurs:
“Attorneys in country, they get silver for naught;
They make men begin what they never had thought;
And when they come to the ring, they hop if they can.
All they can get that way, they think all is won for them with skill.
No man should trust them, so false are they in the bile.”
2.1. ANCIENT GREECE
The earliest people who could be described as “lawyers” were probably the orators of ancient Athens. However, Athenian orators faced serious structural obstacles. First, there was a rule that individuals were supposed to plead their own cases, which was soon bypassed by the increasing tendency of individuals to ask a “friend” for assistance.[v] However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend.[vi] Second, a more serious obstacle, which the Athenian orators never completely overcame, was the rule that no one could take a fee to plead the cause of another. This law was widely disregarded in practice but was never abolished, which meant that orators could never present themselves as legal professionals or experts.[vii] They had to uphold the legal fiction that they were merely an ordinary citizen generously helping out a friend for free, and thus they could never organize into a real profession—with professional associations and titles and all the other pomp and circumstance—like their modern counterparts.[viii] Therefore, if one narrows the definition to those men who could practice the legal profession openly and legally, then the first lawyers would have to be the orators of ancient Rome.
2.2. ANCIENT ROME
A law enacted in 204 BC barred Roman advocates from taking fees, but the law was widely ignored.[ix] The ban on fees was abolished by Emperor Claudius, who legalized advocacy as a profession and allowed the Roman advocates to become the first lawyers who could practice openly—but he also imposed a fee ceiling of 10,000 sesterces.[x] This was apparently not much money; the Satires of Juvenal complain that there was no money in working as an advocate.[xi]
Like their Greek contemporaries, early Roman advocates were trained in rhetoric, not law, and the judges before whom they argued were also not law-trained.[xii] But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults (iuris consulti).[xiii] Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it.[xiv] They gave legal opinions (responsa) on legal issues to all comers (a practice known as publice respondere).[xv] Roman judges and governors would routinely consult with an advisory panel of jurisconsults before rendering a decision, and advocates and ordinary people also went to jurisconsults for legal opinions.[xvi] Thus, the Romans were the first to have a class of people who spent their days thinking about legal problems, and this is why their law became so “precise, detailed, and technical.”[xvii]
During the Roman Republic and the early Roman Empire, jurisconsults and advocates were unregulated, since the former were amateurs and the latter were technically illegal.[xviii] Any citizen could call himself an advocate or a legal expert, though whether people believed him would depend upon his personal reputation. This changed once Claudius legalized the legal profession. By the start of the Byzantine Empire, the legal profession had become well-established, heavily regulated, and highly stratified.[xix] The centralization and bureaucratization of the profession was apparently gradual at first but accelerated during the reign of Emperor Hadrian.[xx] At the same time, the jurisconsults went into decline during the imperial period.[xxi]
In the words of Fritz Schulz, “by the fourth-century things had changed in the eastern Empire: advocates now were really lawyers.”[xxii] For example, by the fourth century, advocates had to be enrolled on the bar of a court to argue before it, they could only be attached to one court at a time, and there were restrictions (which came and went depending upon who was emperor) on how many advocates could be enrolled at a particular court.[xxiii] By the 380s, advocates were studying law in addition to rhetoric (thus reducing the need for a separate class of jurisconsults); in 460, Emperor Leo imposed a requirement that new advocates seeking admission had to produce testimonials from their teachers; and by the sixth century, a regular course of legal study lasting about four years was required for admission.[xxiv] Claudius’s fee ceiling lasted all the way into the Byzantine period, though by then it was measured at 100 solidi.[xxv] Of course, it was widely evaded, either through demands for maintenance and expenses or a sub rosa barter transaction.[xxvi] The latter was cause for disbarment.[xxvii]
The notaries (tabelliones) appeared in the late Roman Empire. Like their modern-day descendants, the civil law notaries, they were responsible for drafting wills, conveyances, and contracts.[xxviii] They were ubiquitous and most villages had one.[xxix] In Roman times, notaries were widely considered to be inferior to advocates and jurisconsults.[xxx] Roman notaries were not law-trained; they were barely literate hacks who wrapped the simplest transactions in mountains of legal jargon since they were paid by the line.[xxxi]
2.3. MIDDLE AGES
After the fall of the western Empire and the onset of the Dark Ages, the legal profession of Western Europe collapsed. As James Brundage has explained: “[by 1140], no one in Western Europe could properly be described as a professional lawyer or professional canonists in anything like the modern sense of the term ‘professional.’ ”[xxxii] However, from 1150 onward, a small but increasing number of men became experts in canon law but only in furtherance of other occupational goals, such as serving the Roman Catholic Church as priests.[xxxiii] From 1190 to 1230, however, there was a crucial shift in which some men began to practice canon law as a lifelong profession in itself.[xxxiv]
The legal profession’s return was marked by the renewed efforts of church and state to regulate it. In 1231 two French councils mandated that lawyers had to swear an oath of admission before practicing before the bishop’s courts in their regions, and a similar oath was promulgated by the papal legate in London in 1237.[xxxv] During the same decade, Frederick II, the emperor of the Kingdom of Sicily, imposed a similar oath in his civil courts.[xxxvi] By 1250 the nucleus of a new legal profession had clearly formed.[xxxvii] The new trend towards professionalization culminated in a controversial proposal at the Second Council of Lyon in 1275 that all ecclesiastical courts should require an oath of admission.[xxxviii] Although not adopted by the council, it was highly influential in many such courts throughout Europe.[xxxix] The civil courts in England also joined the trend towards professionalization; in 1275 a statute was enacted that prescribed punishment for professional lawyers guilty of deceit, and in 1280 the mayor’s court of the city of London promulgated regulations concerning admission procedures, including the administering of an oath.[xl]
2.4. LEGAL PROFESSION IN ENGLAND
In England, the admission of lawyers has been regulated since the middle of the 13th century. In the late 13th century, three critical regulations were adopted[xli] – (a) the Statute of Westminster I, chapter 29 (1275); (b) The London Ordinance of 1280; and (c) the Ordinance of 1292, de Attornatis et Apprenticiis. During the medieval period, further regulations were enacted, called the Statute, 4 Henry IV, chapter 18 (1402) and the Ordinance, 33 Henry VI, chapter 7 (1455). In addition, judges have always used their inherent power to control the admission of lawyers and check their misconduct.
2.5. PROFESSIONAL CONDUCT AND THE LAW SOCIETY
The attorneys were expelled from the principal Inns of Court in the 16th century and in 1739 they formed a professional group called “Society of Gentleman-Practicers in the Courts of Law and Equity”.[xlii] Thus the Law Society was born, though it was not until 1986 that the Law Society formed a committee to collect and draft principles of professional conduct. Now there exists the Guide to Professional Conduct of Solicitors reflecting the ideals of modern solicitors as well. Both branches of the English legal profession had the same core duties over the centuries of litigation: fairness, competence, loyalty, confidentiality, reasonable fees and service to the poor.
Nicholas, in Introduction to Roman law, stated that the Roman jurists were not paid for their work, but were supposed to function due to a keen sense of public service. In Europe, lawyers were under an oath, which was an essence, a condensed code of legal ethics.[xliii]
In France, lawyers had to take an oath which included a pledge of care, diligence and an agreement to support only just causes. In France, the oaths were taken by ecclesiastical lawyers and the French legal tradition had a lasting influence even outside France in Switzerland and other parts of Europe.[xliv]
The concept of a lawyer as an officer of the Court arises from the Roman idea of a lawyer being an ‘advocatus’, who when called upon by the praetor to assist in the cause of a client, was solemnly reprimanded to “avoid artifice and circumlocution”.[xlv]
HISTORY OF THE LEGAL PROFESSION IN INDIA
The Legal Profession is an important limb of the machinery for the administration of justice. Without a well-organized profession of law, the courts would not be in a position to administer justice effectively as the evidence in favor or against the parties to a suit cannot be properly marshaled, facts cannot be properly articulated and the best legal arguments in support or against the case of the parties cannot be put forth before the court. “A well-organized system of judicial administration postulates a properly equipped and efficient Bar.”[xlvi] It is, therefore, in the fitness of things to take note briefly of the development of the legal profession in India.
The history of the legal profession in India can be traced back to the establishment of the First British Court in Bombay in 1672 by Governor Aungier. The admission of attorneys was placed in the hands of the Governor-in-Council and not with the Court. Prior to the establishment of the Mayor’s Courts in 1726 in Madras and Calcutta, there were no legal practitioners.
3.2. MAYOR’S COURT
In the Charter of 1726, which established the Mayor’s Courts at the three Presidency Towns, no specific provision was made laying down any particular qualifications for the persons who would be entitled to act or plead as legal practitioners in these courts. Presumably, it was left to these courts to regulate this matter by rules of practice which these courts were authorized to frame.[xlvii] No change was effected in this position when a fresh Charter was issued in 1753.[xlviii] No organized legal profession came into being in the Presidency Towns during the period of the mayor’s Courts.[xlix] They who practiced law were devoid of any legal training or any knowledge of the law. They had adopted the profession in the absence of anything better to do. Quite a few of these so-called lawyers were the dismissed servants of the Company.[l]
3.3.1. Regulation Act, 1773.
The first concrete step in the direction of organizing a legal profession in India was taken in 1774 when the Supreme Court was established at Calcutta. The Regulating Act, 1773, empowered the Supreme Court to frame rules of procedure as it thought necessary for the administration of justice and due execution of its powers. Under CI.11 of its Charter, the Supreme Court was empowered to approve, admit and enroll such and so many Advocates and Attorneys-at-law, as to the Court shall deem fit. Attorneys of record were to be authorized to appear and plead and act for the suitors in the Supreme Court. The court was to have the power to remove any Advocate or Attorney on a reasonable cause. No other person whatever, but Advocates or Attorneys so admitted and enrolled, were to be allowed to appear and plead, or act in the Court for or on behalf of such suitors.
Thus the persons entitled to practice before the Supreme Court could be Advocates and Attorneys. The term Advocate at the time extended only to the English and the Irish barristers and the members of the faculty of Advocates in Scotland. The expression “Attorneys” then meant only British Attorneys or Solicitors. As CI.11 of the Charter prohibited any other person whatsoever to appear and plead or act, it would appear that the Calcutta Supreme Court was, from its very inception, a completely exclusive preserve for members of the British legal profession, namely, the British Barristers, Advocates, and Attorneys. The indigenous Indian legal practitioner had no entry in this Court. The Charter of 1774 introduced the British system of legal practice in Calcutta.[li]
The similar position obtained in the two other Supreme Courts at Bombay and Madras. Thus, in the three Supreme Courts, the only persons who were entitled to practice were the British Barristers, Advocates, and Attorneys. The Indians had no right to appear before these Courts. This continued to be the position all through the existence of these Courts.
Under CI.11 of the Charter, the Supreme Court at Calcutta could admit Advocates and Attorneys who could “appear, plead and act for the suitors of the Court.” But, the Supreme Court provided for the Advocates and Attorneys to exercise the ordinary powers of their respective professions-Advocates having power to appear and plead and Attorneys to appear and act, for the suitors. Similar was the position in other Supreme Courts as well. Thus, the two grades of the legal practice became distinct and separate as they were in England. Commenting on the position prevailing at this time, the Supreme Court of India observed in Aswini Kumar Ghosh v Arbind Bose:[lii]
“Though the Supreme Court was given by the Charter Acts and the Letters Patent establishing them, power to enroll advocates who could be authorized by the rules to act as well as to plead in the Supreme Courts, Rules were made empowering advocates only to appear and plead and not to act, while attorneys were enrolled and authorised to act and not to plead. In the Sudder courts and the courts subordinate thereto, pleaders who obtained a certificate from those courts were allowed both to act and plead.”
3.4.5. The Legal Practitioners Act,1846
The Legal Practitioners Act (1 of 1846), which was the first All-India law concerning the pleaders in the mofussil, made several important innovations, namely:
1) The office of the pleaders in the courts of the Company was thrown open to all persons of whatever nation or religion, provided he has duly certified (in such manner as directed by the Sadar Courts) to be of good character and duly qualified for the other office. Thus, religious test was abolished for enrolment as a Pleader.
2) Every barrister enrolled in any of Her Majesty’s Courts in India was made eligible to plead in the Sadar Adalats subject to the rules of those Courts applicable to pleaders as regards as language or any other matter.
3) Vakils were allowed freedom to enter into agreement with their clients for their fees for professional services. This Act is regarded as “the first charter of the legal profession”[lix] although it left unsolved the important question of the right of vakils to practice in the Supreme Courts.[lx]
The Legal Practitioners Act, 1853 (Act XX of 1853), declared every Attorney on the roll of any of Her Majesty’s Supreme Courts to be entitled to be plead in any of the Company’s Sadar Adalat. The Barristers and Attorneys of the Supreme Courts were permitted to plead in the Company’s Adalat (subordinate to the Sadar Adalats) as well. Thus, while Barristers and practitioners were rigorously kept out of the three Supreme Courts. The reason was that the authorities held a poor opinion of the native lawyers and it was thought that appearance of English Barristers in the Company’s Adalats would improve the situation.[lxi]
The Act also did away with the system of compulsory attendance of the pleaders in the court to which they were attached. Henceforth no pleader was bound to attend in any court of company on any day fixed for the transaction of civil business or to notify the court his inability to attend unless he was employed in some business or cause which according to the court practice, might be heard or transacted herein on the day.[lxii]
3.4.6. Pleaders, Mukhtars and Revenue Agents
For long there functioned non-licensed inferior grades of practitioners in the mofussil, known as mukhtars, who practiced in criminal courts as well as acted as solicitors for the pleaders. There also functioned revenue agents in revenue offices. All these were recognized and brought under control of the courts for the first time through the pleaders, Mukhtar, and Revenue Agents Act XX of 1865. The High Courts were authorized to make the rules for the qualifications, admission and enrollment of proper persons to be Pleader, Mukhters, for the fee to be paid for the examination, admission and enrolled. Revenue Agents who worked in the revenue offices and courts were also given status as legal practitioners by this Act. They were deemed to be the lowest in grade and did not play a significant part in the development of the legal profession.[lxiii]
3.5. HIGH COURTS
3.5.1. Three Categories of Practitioners
In 1861, legislation was passed by the British Parliament to establish High Courts at Calcutta, Madras, and Bombay. At this time, there were in existence three bodies of practitioners in the Supreme Courts and, the Sadar Adalats-Advocates, Attorneys and Vakils. CI9 of the Letters Patent of 1865 of the High Court of Calcutta empowered the Court “to approve, admit and enroll such and so many Advocates, Vakils and Attorneys as to the said High Court shall deem fit.” These persons were “authorized to appear for the suitors of the High Court, and to plead or to act, or to plead and act for the said suitors, according to as High Court may by its rules and directions determine, and subject to such rules and directions.”[lxiv]
Clean, green and safe: 8 Indian beaches get coveted ‘Blue Flag’ tag, create record
NEW DELHI: India’s eight beaches have got coveted ‘Blue Flag’ certification – an international eco-level tag which is one of the world’s most recognised awards for clean, safe and environment-friendly beaches, marinas and sustainable boating tourism operators.
The eight Indian beaches which got this tag are Shivrajpur (Dwarka, Gujarat), Ghoghla
(Diu), Kasarkod and Padubidri (karnataka)
Kappad (Kerala), Rushikonda (Andhra Pradesh), Golden Beach (Puri, Odisha) and Radhanagar (Andaman & Nicobar Islands).
The Blue Flag beaches are considered the cleanest beaches of the world. In order to qualify for this tag, 33 stringent criteria relating to environmental, bathing water quality, educational, safety, services and accessibility standards must be met by the beaches.
“It is an outstanding feat considering that no ‘Blue Flag’ nation has ever been awarded for eight beaches in a single attempt,” said Union environment minister Prakesh javadekar
while announcing the decision of the International Jury.
He said, “This is also a global recognition of India’s conservation and sustainable development efforts… India is also the first country in the Asia-Pacific region which has achieved this feat in just about two years’ time.”
Union environment ministry had last month sent the list of these eight beaches to the International Jury, seeking Blue Flag certification which is accorded by the Foundation for Environmental Education (FEE), headquartered in Copenhagen, Denmark. The Jury, which takes a final call on this certification, comprises eminent members from the UN Environment Programme, World Tourism Organisation, FEE and IUCN.
Over 4600 beaches, marinas and boats from around 50 countries have, so far, got the Blue Flag certification. Spain has the highest number of Blue Flag tagged sites. India, which started working on getting the tag in 2018, has plans to expand the network of Blue Flag certification to 100 such beaches in the country in the next five years.
In order to achieve this goal, the environment ministry
had last month launched India’s own eco-label ‘BEAMS’ (Beach Environment & Aesthetics Management Services) under its Integrated Coastal Zone Management (ICZM) project.
Besides the Blue Flag tag for its eight beaches, India has also been awarded a third prize by the International Jury under the “International Best Practices” for pollution control in coastal regions. The certification of this kind is considered important for tourism as this tag attracts both domestic and international tourists to these beaches.
As part of its pilot projects to embark on Blue Flag certification programme, India had initially identified 13 beaches which include Bhogave (Maharashtra), Kovalam (Tamil Nadu), Eden (Puducherry), Miramar (Goa) and Bangaram (Lakshadweep). But names of these five were subsequently dropped at the recommendation stage as Indian experts found one or the other relevant qualifying parameters missing at these beaches. “These five will hopefully meet the relevant standards ahead of the next round of recommendation,” said an official.
In Video : 8 beaches in India receive prestigious ‘Blue Tag’ certification
Advocates are part and parcel of the judiciary system. Their endeavors solve the conflicts in the society. Advocates defend the rights and liabilities. They hold important and unique place in the society. Advocacy is not a craft but a calling; a profession wherein devotion to duty constitutes the hallmark.
Legal profession is regarded to be a noble one. A good advocate should possess some essential qualities and equipment. Justice ‘Abbot Parry’ qualifies the following qualities as “Seven Lamps of Advocacy”. They are (i) Honesty (ii) Courage (iii) Industry (iv) Wit (v) Eloquence, (vi) Judgment and (vii) Fellowship.
Honesty means the quality of straightforwardness; freedom from deceit, cheating or stealing and not telling lies. Honesty is the most important quality that an advocate should possess. His thoughts words and deeds should have sincere co-relation to each other with genuineness. An Advocate should be dependable reliable to everyone who seeks his advise and services. The nobleness of legal profession lies in honesty itself. An advocate should not do illegal practices. He should not do any act which will lead to professional misconduct. He should disclose the real facts and legal profession to his clients frankly. Honesty, integrity and character are inseparable. These there virtues together are essential for the success of an advocate. The great sages of law had sucked the law from the breasts of knowledge, honesty, gravity and integrity.
Courage is the quality that enables a person to control fear in the face of danger, pain, misfortune, etc.; It is the duty of an Advocate to fearlessly uphold the interest of his client by all fair means without fear of any unpleasant consequences to himself or any other person. It is the knowledge and the skill of the Advocate that gives him the necessary courage and confidence to present the case fearlessly and to uphold the interest of the client. Courage is as good a weapon in the forum as in the war camp, According to Charles Hutton’s. ‘He hath in perfection the three chief qualifications of an advocate; Boldness, — Boldness and Boldness’.
Advocacy is needed a life of industry. An advocate must study his brief in the same way that an actor studies his part. means hard work. Hard works is absolutely necessary for an Advocate. His knowledge of law should be up to date. He shall never be ignorant of the current law in force. He shall get acquainted with the latest law by systematic study. If one ignores the law, the law will also ignore him. That is why it is said that “law is the jealous mistress”. Lord Eldon Says, “An advocate must live like a hermit and work like a horse”. Advocacy is an intellectual profession. Intelligence and knowledge will be sharpened with hard-work and strenuous efforts.
Wit means clever and humorous expression of ideas; liveliness of spirit. Wit flows from intelligence; understanding and quickness of mind. Wit lessens the work load of an advocate. So constant clash between them is common. Anxiety for a favourable verdict on the part of the lawyers; and perpetual worry for the pursuit of the truth on the part of the judges generate strain and tension.
It relaxes his mental strain. Often the wit of an advocate will turn a Judge from an unwise course, where Judgment, or rhetoric would certainly fail. The lamp of wit is needed to lighten the darkness of advocacy.
The success of an advocate depends upon his eloquence. Eloquence means fluent speaking and skilful use of language to persuade or to appeal to the feelings of others. Fluent speaking impresses the listener. As advocate must be fluent, skilful in using appropriate words to impress the Court. Eloquence attracts the attention of the listener. Eloquence is related to the art of oratory. ‘Eloquence of manner is real eloquence’ and there is a physical as well as psychological side to advocacy.
Words are his keys of thoughts. Strong vocabulary gives him assurance, build his self confidence and build his personality. Words must be employed with eloquence. The art of persuasive and impressive speaking will give the desired result in his favour.
Judgment is an intellectual capacity, ‘the inspiration which enables a man to translate good sense into right action’. It means the ability to come to a sensible conclusion and make wise decisions at the relevant time in the proper way. It is on the basis of these conclusions he should employ the necessary facts and the techniques in the case which he is engaged. This quality is necessary from the beginning of filing the case till its final disposal. An Advocate must always anticipate all the possible moves of the other side and must develop the necessary presence of mind , alertness and tact to cope with any awkward situation of difficulty that may arise in the case.
Judge Abbot Parry has referred to judgment as one of the seven lamps; but he refers to it essentially as an intellectual capacity, ‘the inspiration’ which enables a mean to translate good sense into right action e.g. ‘seeing the right point of his case’ and the like.
Fellowship means the membership in friendly association or companionship. Fellowship is exactly like great public schools, the boys of which have grown older, and have exchanged boyish for manly objects. In legal profession, one Advocate fights with another Advocate for justice before the learned judge. There may be controversies and contradictions in their contention relating to the case, but that shall never affect the fellowship. The Advocates should refer the opposite party’s Advocate as “Learned Friend” and the judge should be referred as “Learned Judge”. In order to maintain the fellowship, the Bar Council of India has laid down certain rules to be observed as the duty to colleagues. Among advocates, there is just the same rough familiarly, the general ardour of character, the same kind of public opinion expressed in exactly the same blunt, unmistakable manner. By keeping the lump of fellowship burning, advocates encourage each other by sharing the knowledge to walk in the light of the seven lamps of advocacy.
A new lamp was added by K.V.Krishnaswamy Aiyer, in his book “Professional Conduct and Advocacy” adds one more lamp i.e. tact. Tact means handling people and situations skilfully and without causing offence. An advocate must be in a position to tackle and win his client, opponent party, opponent advocate in a smoother way. Many people of unequal ability have failed for want of tack. An advocate should not quarrel with Court or loose temper over trifle things in the Court and outside. Men of unquestioned ability have suffered for quarreling with the tribunal or for standing on their dignity over trifles, for getting their clients, or for losing their tempers; they are men of parts but more properly refers to the human side of putting into action the result of one’s judgment.
#advocates # laps
The computer-generated world of internet is known as cyberspace and the laws prevailing this area are known as Cyber laws and all the users of this space come under the ambit of these laws as it carries a kind of worldwide jurisdiction. Cyber law can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology. In short, cyber law is the law governing computers and the internet.
The growth of Electronic Commerce has propelled the need for vibrant and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of Electronic Commerce. All these governing mechanisms and legal structures come within the domain of Cyber law.
Cyber Laws in India prevent any crime done using technology, where a computer is a tool for cybercrime. The laws for cybercrime protects citizens from dispensing sensitive information to a stranger online. Ever since the introduction to cyber laws in India happened, IT Act 2000 was enacted and amended in 2008 covering different types of crimes under cyber law in India. The Act explains the types of cybercrime and punishment.
Cyberlaw in India is not a separate legal framework. Its a combination of Contract, Intellectual property, Data protection, and privacy laws. With the Computer and internet taking over every aspect of our life, there was a need for strong cyber law. Cyber laws supervise the digital circulation of information, software, information security, e-commerce, and monetary transactions.
The Information Technology Act, 2000 addresses the gamut of new-age crimes. Computer technology, mobile devices, software, and the internet are both medium and target of such crimes.
All Traditional criminal activities are such as theft, fraud, forgery, defamation, and mischief are part of cyberspace. These were addressed in the Indian Penal Code already.
Table of Content:
- Importance of Cyber Law in India
- Types of Cyber Crimes
- Evolution of Cyber Law in India
- The Need for Cyber Laws
- What is the Information Technology Act, 2000?
- How to Prevent Cyber Crime?
- Frequently Asked Questions
Strong cyber Law was needed to address:
- Cyber Crimes
- Electronic and Digital Signatures
- Intellectual property
- Data Protection and Privacy
Importance of Cyber Law in India
Cyber laws in India or cybercrime law in India are important because of the prime reason that cybercrime act in India encompasses and covers all the aspects which occur on or with the internet -transactions, and activities which concern the internet and cyberspace.
“The Cyber Laws in India has paved the way for electronic commerce and electronic governance in the country by ensuring maximum connectivity and minimum cybersecurity risks. Also, enhancing the scope and expanding the use of digital mediums,”
Types of Cyber Crimes
Different types of cybercrimes have different punishments in India.
- HiIdentity theft – When personal information of a person is stolen with the purpose of using their financial resources or to take a loan orcredit card in their name then such a crime is known as Identity theft.
- Cyberterrorism – When a threat of extortion or any kind of harm is being subjected towards a person, organization, group or state, it is known as the crime of Cyber Terrorism. Generally, it includes the well-planned attack strategies on the Government and corporate computer system.
- Cyberbullying – When a teenager or adolescent harasses,defames, or intimidates someone with the use of the internet, phone, chat rooms, instant messaging or any other social network then the person is said to be committing the crime ofCyberbullying. When the same crime is done by adults it is known asCyberstalking.
- Hacking – The most common cybercrime isHacking. In this crime, the person gets access to other people’s computers and passwords to use it for their own wrongful gain.
- Defamation – While every individual has his or her right to speech on internet platforms as well, but if their statements cross a line and harm the reputation of any individual or organization, then they can be charged with the Defamation Law.
- Copyright – With the massive surge in internet users, when the data/ information is distributed on all platforms, copyrighting your work aids you to restrict the use of your work. Any use of your copyrighted without your permission is a punishable offence.
- Trade Secrets – Internet organization spends a lot of their time and money in developing softwares, applications, and tools and rely on Cyber Laws to protect their data and trade secrets against theft; doing which is a punishable offence.
- Freedom of Speech – When it comes to the internet, there is a very thin line between freedom of speech and being a cyber-offender. As freedom of speech enables individuals to speak their mind, cyber law refrains obscenity and crassness over the web.
- Harassment and Stalking– Harassment and stalking are prohibited over internet platforms as well. Cyber laws protect the victims and prosecute the offender against this offence.
All people in general have the right to enjoy respect for his or her liberty and security.
It is axiomatic that, without an efficient guarantee of the freedom and security of the
human person, the protection of other individual rights becomes increasingly vulnerable and sometimes illusory. Yet, as is evidenced by the work of the international monitoring organs, arrests and detentions without reasonable cause, and without there being any effective legal remedies available to the victims concerned, are commonplace.
IMPORTANT RIGHTS OF AN ARRESTED PERSON
1. WHEN POLICE IS ARRESTING WITHOUT WARRANT
Under Section 41 of CrPC wide powers are conferred on police to arrest, mainly in cognizable offences, without having to travel to Magistrate for obtaining warrant of arrest. There will be no legal arrest if there is no information or reasonable suspicion that the person has been involved in a very cognizable offence or commits offence(s), specified in Section 41.
2. ARREST HOW MADE
Section 46 of CrPC envisages modes of arrest i.e. ,Where a woman is to be arrested, unless the police officer could be a female, the police officer shall not touch the person of the woman for making an arrest and arrest would be presumed on her submission to custody on oral intimation. After sunset and before sunrise, no woman will be arrested.
3.PERSON ARRESTED TO BE INFORMED OF THE RIGHT TO BAIL
Section 50(2) of CrPC provides that a person arrested without warrant shall be immediately informed of the grounds of his arrest, and if the arrest is made in a very bailable case, the person shall be informed of his right to be released on bails.
4.MEDICAL EXAMINATION OF ARRESTED PERSON
Section 54 of CrPC provides for compulsory medical examination by a medical officer in service of central or authorities, or by registered medical practitioner, upon non-availability of such medical officer. Female arrestees can only be examined by female medical officer or registered medical practitioner.
5.PERSON ARRESTED NOT TO BE DETAINED MORE THAN 24 HOURS
The constitutional and legal requirements to produce an arrested person before a Judicial Magistrate within 24 hours of the arrest must be scrupulously observed.
6.RIGHT TO FREE LEGAL AID
While after the arrest, a person shall have the right to consult and to be defended by a counsel of his choice; arrestee shall be entitled to free legal aid.