Following the continuous endeavour to provide quality legal content to the law fraternity in India and abroad, we proudly announce the release of Bare Act Box Set 2024. These bare acts have been a crucial part of the law fraternity, whether a law student, an Advocate, or a Judge, for decades.

For 80+ years, Eastern Book Company has been rigorously working on improving the already acclaimed quality and accuracy of the content, strong and professional paper and binding quality. Discrete box sets of Top 100 bare acts, Civil bare acts and Criminal bare acts make finding information precise and easy. Hence, these beautifully crafted boxes are not just a perennial source of bona fide information but also add aesthetic ambience to your library.

In the complete list of Bare Acts 2024, many major Acts, such as The Mediation Act, 2023; The Digital Personal Data Protection Act, 2023 and The Biological Diversity Act, 2002 to name a few, have already been meticulously and exhaustively covered in the best bare act box set available on EBC Webstore.

Other than these, here are a few more remarkable features of the Bare Act Box Set 2024:

•             List of Amending Acts. Where necessary, History of amendments given in footnotes, along with position before amendment.

•             Headnotes of important judgments as published in SCC reproduced, wherever relevant.

•             Systematic publishing & high class printing.

•             Specifically recommended by most High Courts, District Courts etc. and relied upon by most lawyers, Judges & academicians.

•             Incorporating State Amendments and High Court Amendments (wherever relevant and available).

Commendations from who’s who of the law fraternity:

“Eastern Book Company has been a pioneer in the field of law publication and legal reporting. I thank EBC for presenting me with those valuable exhaustive bare acts….”

-Former Minister of Law & Justice, Shri Kiren Rijiju

“EBC Bare Acts on the Code of Civil Procedure, Constitution of India, and Indian Penal Code are an exceptional compilation of legal wisdom, including case commentaries and notes. With meticulous accuracy, comprehensive organization, and insightful annotations, these bare acts empower readers to navigate the intricacies of the law with ease and confidence. I congratulate EBC for its exceptional contribution in creating state of the art bare acts.”

-Sanjay Vashishtha, Advocate

Limited Period Offer on EBC’s Bare Act Box Set 2024 available only on EBC Webstore–

Buy Now & Get a Free Gift Voucher worth Rs. 10000/-

Get your set today! We can also deliver it to your doorsteps:

•             Visit www.ebcwebstore.com to place your order and get free delivery

•             Call 1800 1800 6666 toll free to enquire now

•             Call 0522-4033600 and place your order with us

•             Whatsapp @ 9935096000

•             Email- salesebc@ebc.co.in

•             Call 9935096010 for bulk orders/enquiry

The post Amended, updated: EBC’s Bare Act Box Set 2024, Now Available! appeared first on EBC.

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.
• Should have been registered with their respective State Bar Councils.
• No upper age limit for appearing in the exam.

AIBE XVIII (18) 2023-24: The Bar Council of India (BCI) has released AIBE 18 (XVIII) official notification. As per the official notification, AIBE XVIII (18) 2023-24 Exam Date is October 29, 2023. Click here to register for the AIBE-XVIII.

Get prepared for the AIBE 2023

To prepare for the All India Bar Examination (AIBE) in 2023, 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-2023):

EBC’s Master Guide To All India Bar Examination (AIBE Exam Guide)

It is a comprehensive book to study for the exam conducted by the Bar Council of India. The following are some of the unique features of this Guide:
1. Authoritative commentary on all the prescribed subjects in one compact volume.
2. Includes the latest case laws and statutory amendments, viz. Bonnie Foi Law College case, 2023.
3. More than 2500 exam-styled MCQs along with answers.

Bare Act Combo for All India Bar Examination (AIBE)by Commercial Law Publishers

This Bare Act Combo Set of 21 Acts is specially designed for Students who are preparing for the All India Bar Examination (AIBE) conducted by The Bar Council of India. The Bare Acts are without comments. This set includes the Advocates Act, 1961, Arbitration & Conciliation Act, 1996, Code of Civil Procedure, 1908, Code of Criminal Procedure, 1973, Constitution of India, 1950, Consumer Protection Act, 2019, Environment Laws, Family Laws, Indian Contract Act, 1872, Indian Evidence Act, 1872, Indian Penal Code, 1860, Cyber Laws (Information Technology Act, 2000), Intellectual Property Laws, The Limitation Act, 1963, Motor Vehicles Act, 1988, Negotiable Instruments Act, 1882, Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, Specific Relief Act, 1963, Property Act, 1882, Labour & Industrial Laws, and Companies Act, 2013.

All India Bar Examination – AIBE Solved Papers (2011 – 2023)

This title contains solved papers of all examinations held from 2011 to 2023. It features:

1. Indispensable aid for those appearing for the All India Bar Examination.
2. Contains solved question papers, along with explanations, for entrance examinations held by the Bar Council of India from 2011 to 2023.

Guide to All India Bar Examination by Universal

The book covers all the subjects that form part of the syllabus prescribed by the Bar Council of India. It features:

1. Covers all subjects forming part of the prescribed syllabus
2. Provides both theories as well as MCQs on each subject
3. MCQs and subject-wise theory has been thoroughly revised and updated in light of recent legislative and judicial developments
4. Previous three-year question papers along with the answer key have also been provided

All India Bar Pariksha (AIBE) Guide by Dr Sanjay Gupta, Brajesh Kumar

All India Bar Pariksha (AIBE) Guide (As per the New Syllabus of 2023-24), along with the Solved Papers of 2018, 2019, 2021, 2023.

The post AIBE 2023: Everything You Need to Know About the Exam appeared first on EBC.

This content is password protected. To view it please enter your password below:

Password:

The post Protected: Indian Code of Criminal Procedure appeared first on EBC.

The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of the first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions.

After the partition of the British Indian Empire, the Indian Penal Code was inherited by its successor states, the Dominion of India and the Dominion of Pakistan, where it continues independently as the Pakistan Penal Code. After the separation of Bangladesh from Pakistan, the code continued in force there. The Code was also adopted by the British colonial authorities in Colonial Burma, Ceylon (modern Sri Lanka), the Straits Settlements (now part of Malaysia), Singapore and Brunei, and remains the basis of the criminal codes in those countries.

History

The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay in 1834 and was submitted to the Governor-General of India Council in 1835. Based on a simplified codification of the law of England at the time, elements were also derived from the Napoleonic Code and from Edward Livingston’s Louisiana Civil Code of 1825. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised. The drafting was completed in 1850 and the Code was presented to the Legislative Council in 1856, but it did not take its place on the statute book of British India until a generation later, following the Indian Rebellion of 1857. The draft then underwent a very careful revision at the hands of Barnes Peacock, who later became the first Chief Justice of the Calcutta High Court, and the future puisne judges of the Calcutta High Court, who were members of the Legislative Council, and was passed into law on 6 October 1860. The Code came into operation on 1 January 1862. Macaulay did not survive to see the penal code he wrote come into force, having died near the end of 1859. The code came into force in Jammu and Kashmir on 31 October 2019, by virtue of the Jammu and Kashmir Reorganisation Act, 2019, and replaced the state’s Ranbir Penal Code.

Objective

The objective of this Act is to provide a general penal code for India. Though not the initial objective, the Act does not repeal the penal laws which were in force at the time of coming into force in India. This was done because the Code does not contain all the offences and it was possible that some offences might have still been left out of the Code, which were not intended to be exempted from penal consequences. Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law, many more penal statutes governing various offences have been created in addition to the code.

Structure

The Indian Penal Code of 1860, subdivided into 23 chapters, comprises 511 sections. The Code starts with an introduction, provides explanations and exceptions used in it, and covers a wide range of offences. The Outline is presented in the following table:

A detailed list of all IPC laws which include above is here:

Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

• Section 377 The Delhi High Court on 2 July 2009 gave a liberal interpretation to this section and laid down that this section can not be used to punish an act of consensual sexual intercourse between two same sex individuals.
• On 11 December 2013, Supreme Court of India over-ruled the judgment given by Delhi High court in 2009 and clarified that “Section 377, which holds same-sex relations unnatural, does not suffer from unconstitutionality”. The Bench said: “We hold that Section 377 does not suffer from … unconstitutionality and the declaration made by the Division Bench of the High Court is legally unsustainable.” It, however, said: “Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 from the statute book or amend it as per the suggestion made by Attorney-General G.E. Vahanvati.”
• On 8 January 2018, the Supreme Court agreed to reconsider its 2013 decision and after much deliberation agreed to decriminalise the parts of Section 377 that criminalised same sex relations on 6 September 2018. The judgement of Suresh Kumar Koushal v. Naz Foundation is overruled.

Attempt to Commit Suicide – Section 309

Section 309 of the Indian Penal Code deals with suicide attempts, whereby attempting to commit suicide is punishable with imprisonment up to one year. Considering long-standing demand and recommendations of the Law Commission of India, which has repeatedly endorsed the repeal of this section, the Government of India in December 2014 decided to decriminalize attempts to commit suicide by dropping Section 309 of the IPC from the statute book. In February 2015, the Legislative Department of the Ministry of Law and Justice was asked by the Government to prepare a draft Amendment Bill in this regard.

In an August 2015 ruling, the Rajasthan High Court made the Jain practice of undertaking voluntary death by fasting at the end of a person’s life, known as Santhara, punishable under sections 306 and 309 of the IPC. This led to some controversy, with some sections of the Jain community urging the Prime Minister to move the Supreme Court against the order. On 31 August 2015, the Supreme Court admitted the petition by Akhil Bharat Varshiya Digambar Jain Parishad and granted leave. It stayed the decision of the High Court and lifted the ban on the practice.

In 2017 the new Mental Healthcare Act of India was signed. Section 115(1) of the act effectively decriminalized suicide, saying “anyone who attempts suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.”

Adultery – Section 497

Section 497 of the Indian Penal Code has been criticized on the one hand for allegedly treating a woman as the private property of her husband, and on the other hand for giving women complete protection against punishment for adultery. This section was unanimously struck down on 27 September 2018 by a five-judge bench of the Supreme Court in the case of Joseph Shine v. Union of India as being unconstitutional and demeaning to the dignity of women. Adultery continues to be a ground for seeking a divorce in a Civil Court but is no longer a criminal offence in India.

In 2020 alone, two review petitions were submitted at the Supreme Court challenging the decriminalization of adultery. However, neither of them could stand, as there was no substantial ground for appeal.

Death penalty

Sections 120B (criminal conspiracy), 121 (war against the Government of India), 132 (mutiny), 194 (false evidence to procure conviction for a capital offence), 302, 303 (murder), 305 (abetting suicide), 364A (kidnapping for ransom), 396 (banditry with murder), 376A (rape) have the death penalty as punishment. There is an ongoing debate about abolishing capital punishment.

Criminal justice reforms

In 2003, the Malimath Committee submitted its report recommending several far-reaching penal reforms including separation of investigation and prosecution (similar to the CPS in the UK) to streamline the criminal justice system. The essence of the report was a perceived need for a shift from an adversarial to an inquisitorial criminal justice system, based on the Continental European systems.

List of top 10 books on the Indian Penal Code:

• Indian Penal Code (IPC) by C.K. Takwani
• Penal Code, 1860 [Amended up to Act 34 of 2019 as of 31-10-2020]- IPC Bare Act
• Indian Penal Code, 1860 [Coat Pocket Edition] [As amended upto Act 22 of 2018] -IPC Bare Act
• The Indian Penal Code by Ratanlal and Dhirajlal
• Indian Penal Code 1860 by Sathpal Puliani
• Jethmalanis: Indian Penal Code in 2 volumes by Jethmalani
• B.M. Gandhi’s Indian Penal Code (IPC) by Kumar Askand Pandey
• Textbook on Indian Penal Code by K.D.Gaur
• भारतीय दण्ड संहिता, १८६० (Indian Penal Code in Hindi) by Dr. Murlidhar Chaturvedi
• Commentary on The Indian Penal Code by K. D. Gaur

The post The Indian Penal Code appeared first on EBC.

The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and methods that govern civil proceedings in India.

History

To give uniformity to Civil Procedure, the Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of the Governor-General on 23 March 1859. The Code, however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by the Code of Civil Procedure Code, 1877. But still, it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With the passing of time, it is felt that it needed flexibility for timeliness and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended a number of times it has withstood the test of time.

Amendments

The Code of Civil Procedure was substantially amended in the year 2002. The main purpose of the Amendment to the code was to ensure speedy disposal of civil cases governed under the Act.

Civil Procedure Code (Amendment) Act 2015

Keeping in view the establishment of Commercial Court and the provisions thereof, the Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of the specified value. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned.

The Code of Civil Procedure, 1908 was further amended in the year 2018

Relevant books on The Code of Civil Procedure:

• Civil Procedure Code, 1908 Amended up to Act 34 of 2019
• Civil Procedure Code 1908 with Limitation Act 1963 (Coat Pocket Edition)
• Supreme Court on Code of Civil Procedure (1950 to 2018) (in 3 Volumes) – by Surendra Malik and Sudeep Malik
• Code of Civil Procedure Collection – by C.K. Thakker
• Suranjan Chakraverti and Bholeshwar Nath Cases and Materials on Code of Civil Procedure (in 4 Volumes) – by Justice M.L. Singhal
• Civil Procedure Code – by Avtar Singh
• Code Of Civil Procedure And Limitation Act by Dr. Surendra Sahai Srivastava

The post The Code of Civil Procedure, 1908 appeared first on EBC.