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Section 43 of the Criminal Procedure Code mentions the arrest of someone by a private person., any individual and not simply a resident can capture or make an individual be captured who submits a non-bailable and cognizable offense in his quality. This likewise incorporates a proclaimed offender or a foreigner. The private person will take over such an individual captured by him to a police officer. If there should be an occurrence of nonattendance of a police officer, he will take him to the closest police station. The police officer will re-capture such individual under Section 41 in case there is motivation to accept that such individual has submitted a cognizable offense. Furthermore, it is said that that if there is sufficient reason to believe that he has committed a bailable offence and refuses to give his true name or address to the police officer, he shall be dealt with according to the provisions of Section 42. But he shall be released if there is no sufficient reason to believe that he has committed an offence. Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence. Now the question we have in front of us is “What is a non – bailable and cognizable offence”? . As per Section 2(a) of CrPC, non-bailable offence includes all those offences which are not included in bailable offence in the First Schedule. Further, the First Schedule in its Second part at its end has defined non-bailable offence as the offences which are punishable with death, imprisonment of life or imprisonment for more than seven years. Furthermore, a Cognizable offence means an offence in which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court. Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death etc. The first information report (FIR) is registered only in cognizable crimes. Code of Criminal Procedure further provides and obligation to the common citizen to assist the police and the magistrates and it states that “every person is bound to assist a Magistrate or police officer reasonably demanding his aid in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorized to arrest, the prevention or suppression of a breach of peace or the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property”
Under Section 31 of the Indian Contract Act, 1872, contingent contracts are defined as follows: “If two or more parties enter into a contract to do or not do something, if an event which is collateral to the contract does or does not happen, then it is a contingent contract.”
If we see the definition of Insurance, it is a contract, represented by a policy, in which an individual or entity receives financial protection or reimbursement against losses from an insurance company. They can only become enforceable on the happening of certain events for which the insurance policy is taken. Though, both are different concepts but still, insurance contracts are called as contingent contracts because both depends on the certainty of an event, if it occurs then the contract come into force otherwise not.To answer the question let us start by first understanding what Niakah Halal and Adultery is.
Nikkah Halal is a practice of the Muslim community wherein a man who has divorced his wife twice cannot remarry her unless she temporarily marries someone else, consummates, divorces that person and observes three-month separation period known as Iddat.
According to section 497 of the IPC, “A man who has sex with a woman who he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery.” The man committing such an offence can be imprisoned for 5 years or more and can also be asked to pay fine.
In the practice of Nikkah Halal the former husband is aware about the sexual intercourse between former wife with another man and in a way consents to it. Whereas in the practice of Adultery the husband is not aware and doesn’t consent to the sexual intercourse between the wife and another man. And in such case the man can be imprisoned and fined according to section 47 of IPC which is not a criminal offence and declared unconstitutional by Supreme Court of India.
But both the practices deprive and destroys the dignity of women. In the practice of Adultery, the consent of husband is important and not of wife. The husband is considered the master of wife. Similarly, in Nikkah Halal the wife is supposed to marry and have sexual intercourse with another man, her consent or decision is not considered. India is a democracy and equality is governing principle of a system. No citizen of India can be discriminated and women must be treated equally.
From the above discussion we can conclude that the practice of Nikkah Halal and Adultery are not same but both practices consider women secondary and do not treat them equally.The parties who have an arbitration agreement or an arbitration clause in their contract have an option to get their dispute resolved by either the appointed sole arbitrator or an arbitral tribunal or by the courts which have original jurisdiction for the given case, i.e. civil district court of given area for either of the parties and High court for international arbitration agreement. Section 9 of the given act has provisions for passing interim measures by the court of law. The application for such measures has to be submitted
1.Before the commencement of arbitral proceedings
2.During the proceedings
3.After the award is declared but before it’s commencement
Sec 9 has the power to pass injunctions, select a receiver for the preservation of the claim so made. With the introduction of an amendment in the act which came in 2015, If the application is placed prior to arbitral proceedings, it is bound to commence within 90 days of such order passed by the court.
Under section 17 of the act gives the arbitral tribunal the power to pass interim measures as well. The application for such an interim measure has to be filed during the proceedings of the arbitration. The award passed by the tribunal is as good as an order passed by the court and is binding to the said parties. Defiance of the award will have consequences same as that of civil court for contempt under CPC. The basic difference between both the sections is the ambit of jurisdiction. Section 9 is a wider provision which can control the actions of the third party as well, for the protection of the suit whereas the tribunal is limited to 2 parties present in the dispute. If the court feels the award passed under sec. 17 is efficacious it can take on the matter and order a stay on such an award. The orders and awards passed by both court and the arbitral tribunal respectively, are eligible for appeals in the High Court or the Supreme Court of India.Under Section 230 of the Indian Contract act it is specified that the Agent cannot enforce or be personally bound by contracts entered on behalf of the principal, with certain exceptions to the contrary. One such exception under 230(3) states that the principal cannot be sued, though his existence is disclosed to the third party. To back this, there are a few relevant sections in Chapter X AGENCY. Following the chronology of the sections first in line is Sec. 193 which says, it’s the agent’s responsibility if he appoints a sub-agent outside his authority, eg. if A is the agent of B and A, outside his authority has appointed C as a sub-agent, the mistake of C will be liable to A for its correction or suit and not B the principle. Next is Sec. 215, under which the principal has a right to repudiate the transaction if it comes to his knowledge that the agent has dishonestly concealed material facts from him. Further under sec. 224 If the principal has instructed the agent to follow a criminal activity, the principal does not hold any liability of the consequences of the said act. Eg, B the principal instructs A to publish a defamatory article against C in their newspaper and agrees to take the burden of damages incurred. C sues A, but B is not liable for the act. Taking two sections together i.e. sec 227 and 228 which talks about separation of authority. If the agent exceeds his authority to a point which is separable, the principal is bound but if the authority is exercised outside the given power the principal is not liable and the agent is personally responsible, respectively. Sec. 238 states that the misrepresentation by agent to the principal results in making the contract void between principal and agent. The repercussions of the same will be upon the agent alone. Another reason why the principal cant be sued can be that he is incompetent or a minor.
Section 151 of the Indian Contract Act, 1872 gives that the bailee is under commitment to deal with the products bailed to him as a conventionally judicious man in his place would have taken under the comparable circumstance. This implies the obligation set somewhere around this area is general and uniform in nature. This area doesn’t accommodate any excellent circumstances; rather it covers all the agreements of bailment.
The fundamental guideline is that the bailee is relied upon to come back to its proprietor the bailed products when the bailee’s the ideal opportunity for ownership of them is finished, and he is assumed at risk if the merchandise is not returned. Yet, that a bailee has acknowledged conveyance of merchandise doesn’t imply that he is answerable for their care regardless. The law of bailments doesn’t make a difference a norm of total risk: the bailee isn’t a back-up plan of the products’ wellbeing; her obligation relies upon the conditions.
If the bailee has taken reasonable care of the goods to him then he will not be held liable for any loss caused to the goods bailed. The bailee’s norm of care is resolved dependent on the motivation behind the bailment and whether it’s to serve the bailee alone, the bailor alone, or to support the two players.
If the bailment is to serve the bailee alone, at that point the bailee owes an obligation of unprecedented consideration. On the off chance that the bailment is to serve both the bailee and the bailor, at that point the bailee owes an obligation of sensible or customary consideration.
For example: Silver was entrusted to a goldsmith for making ornaments. He kept it locked in an almirah and employed watchman for the night. Despite all these precautions the silver was stolen. It was held by the court that the goldsmith had taken reasonable care of the goods and therefore. he was not liable for the loss.
~ Pari Agrawal
