Drugs Sometimes are NOT “just” Pharmaceutical
When we talk about the topic of drugs, we sure are not for it. As a society, there is a collective hate. The law is also clear about discouraging the use of narcotic drugs and psychotropic substances. Recently, there has been much noise about the usage of these drugs, and it has reached the youth population. This is a major concern as the usage of these drugs is associated with an increase in crimes, the health hazards associated with its consumption, etc. In India, we have embraced or rather associated the use of cannabis and opium in a religious context for a long time. It was a sensitive issue for a long while. Still, once these substances started entering the markets and were readily available, there was an alarming need to control their consumption and limit them only for specific pharmaceutical purposes. According to the National Crime Records Bureau (NCRB), in 2021, the total number of crimes in India under the substance influence was 78331, which has only increased significantly as it was 59806 in 2020. Historically, the first drug control law was the Opium Act, which was enacted in 1857. This Act dealt with the cultivation of Poppy, a type of flower-bearing plant that has several medicinally viable substances like morphine, codeine, and thebaine, etc. This Act was repealed in 1985 by the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS). This Act was introduced with the main focus on cutting down the illegal and excessive sale, production and consumption of narcotic drugs and psychotropic substances. The NDPS Act prescribes stringent penalties for various offences depending on their severity. Most of the punishments are based on the quantity of drugs involved, i.e., if there is a commercial quantity being held, then it is punishable with imprisonment up to 10 to 20 years as well. The law is very stringent, and there is no tolerance to drugs for a while now. Recently, in Bengaluru, Karnataka, The Bengaluru City Police busted a rave party, and 86 people tested positive for drug consumption, including celebrities. The NDPS Act has constantly been amended as and when required to curb the usage of these drugs. The first amendment of 1989 focused on strict provisions under Section 27A for financing the illicit traffic of these substances. This was followed by the second in 2001 when an amendment was made to rationalise the sentences. It adopted a more reformative approach. The third, in 2014, these drugs were given better access medically. The term essential drug was stated in Section 9 of the Act, and trade, including export and import within states, was given importance. Death penalty as a punishment for certain repeat offenders was also introduced. This Act applies not only to the whole of India but also to citizens of India outside India and all persons on ships and aircraft registered in India. Further, the Act includes people who are recovering addicts. Under Section 64A of the Act, addicts volunteering for treatment will get immunity. Later, in 2021, the NDPS (Amendment) Bill would replace an ordinance circulated to rectify a drafting error in the 2014 amendment. The Narcotics Control Bureau has taken various initiatives to reduce the consumption and illegal trade of the substances, such as Financial Assistance to States for Narcotics Control in 2016. The Narco Coordination Centre was constituted, and the Ministry of Social Justice and Empowerment conducted the National Drug Abuse Survey and checked on it; many community outreach programs are regularly conducted by the government, launching the Nasha Mukt Bharat program. Although the Act has shown some effectiveness in certain areas, it still encounters obstacles related to implementation, human rights concerns, and the necessity of additional amendments to tackle emerging issues. The delicate balance between strict control and the protection of human rights continues to be a highly debated and evolving topic. Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal ConsultantFor Origin Law Labs
Sound Marks
When the topic of Intellectual Property Rights (IPR) comes up, a new spectrum emerges now and then. IPR is one of the fastest-growing fields of law in recent times. There is a scope for dynamic advancements in all branches of IPR. One of the exciting advancements is the Sound Mark. Usually, marketing uses pictures, motion pictures, paintings, etc, to promote a particular product or a brand. But recently, there has been so much talking that the sound mark has stirred up. It is a brilliant tool that comes in handy when marketing a product. It differs from a song advertising a particular product or anything on the electronic media spectrum. It lasts up to a few seconds mostly but significantly impacts the product or brand being put out. The “Ta-Dum” of the Netflix intro is an example of this. In the United States, the first sound that got legal recognition in 1947 was the NBC chimes. It was a three-note sound played on a chime. A similarly popular sound mark is the MGM roar, the famous “Lion roar”, along with the music during the display of the MGM card in a movie. This was registered in the Australian Trademark Registry in 1927. One of India’s earliest and most notable sound marks was the Yahoo! Yodel in 2008. There are various difficulties in registering sound marks. The need for graphical representation presents a significant challenge. While musical notations can precisely depict musical sounds, accurately representing non-musical sounds like jingles or roars may be more difficult. For a sound to be certified as a trademark, distinctiveness is the foremost criterion to be fulfilled. Distinctiveness means it should not be a familiar sound and must be uniquely identifiable with the brand. Proving this distinctiveness can be difficult, especially for sounds, as it might be considered generic or non-functional. The sound must be utilised consistently in various marketing channels and media. Their enforceability as a trademark can be impacted by variations in the sound, which can dilute their distinctiveness. In India, the Trademark Act of 1999 recognises traditional trademarks such as phrases, symbols, logos, etc. Despite various challenges, the Trademark Act 1999 includes provisions for registering sounds, smells, and colours as non-traditional trademarks in 2017. Sounds can be registered if they meet specific criteria. According to Section 26 (5) of the Trade Marks Rules 2017, a sound mark to be registered should be produced in MP3 format that does not exceed 30 seconds, along with a graphical representation of the notations. Businesses and consumers are significantly affected by the identification and protection of sound marks. Sound marks give all kinds of businesses a distinctive method of brand differentiation and identity. The face value of a brand and loyalty can be improved by using a unique sound pattern, which can establish strong emotional and psychological connections. In an increasingly competitive and congested market, musical signatures can facilitate consumers’ identification of brands and products. In Shield Mark BV v. Joost Kisthodn Memex, it was held that even if a graphical representation of music as notes is not immediately intelligible, it is easily intelligible. The jingle of ICICI Bank played a part in reinforcing the acceptance of sound marks in India. Additionally, the recognition of sound marks indicates India’s compliance with international intellectual property standards, motivating foreign enterprises to pursue intellectual property protection in India. It also amplifies the importance of the dynamic nature of trademark law, which must act according to the new market changeset. Therefore, developing sound marks in India is a substantial advancement in the broader context of intellectual property rights. Although registration and enforcement challenges exist, the law has demonstrated adaptability and progress as usual. Sound marks will become increasingly significant in developing distinctive brand identities as businesses continue to innovate in their branding strategies. This enhances consumers’ brand differentiation and understanding of businesses and encourages a more challenging and dynamic competitive landscape in India. Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal ConsultantFor Origin Law Labs
Digital Competition Bill, 2024
There has been a lot of noise around the topic of digital growth recently. It is both positive and negative. The digital developments, such as the growth of AI, are beneficial to a large sector to a large extent. There are also equal threats associated with digital growth, such as the increase in cybercrimes, possible replacement of jobs by AI, etc. Well, it’s an additional responsibility of the government to make new legislation for rapid development. The global economy has been significantly altered by the rapid expansion of digital platforms, including Amazon, Flipkart, Facebook, and Google. The control of vast quantities of data and the unprecedented influence on market dynamics that these tech giants exercise are solid. Their dominance has resulted in various problems, such as the exploitation of consumer data, the suppression of competition, and unreasonable business practices. In a scenario where many services are provided for free in exchange for user data, conventional metrics of market power, such as price, are less pertinent. This requires a new regulatory approach specifically designed for the digital era, and the Digital Competition Bill, 2024 is drafted to address this need. At a time when the current scope of digitalisation was unimaginable, the current ex-post framework under the Competition Act, 2002 was designed to ensure contestability and fairness in traditional markets. Specific components of the past structure, which is characterised by the time-consuming nature of enforcement proceedings, may not be suitable for digital markets due to their distinctive characteristics. In recent years, there has been a significant increase in stakeholder concerns regarding the potential anti-competitive behaviour of large enterprises that provide digital services. Why is the Competition Act not sufficient? This is predominantly because there are few to no regulations in the Act to curb the discrepancies in the digital market, and the growth of the digital market in India is a hot topic in every international forum. Although it has left a huge global impact, what have we done to meet the legal challenges that could arise from this massive technological shift in the market. The need for all-inclusive legislation is vital as the number of safety and cyber threats has increased rapidly over the past few years. To curb this dent in the legislation, the Digital Competition Bill has been drafted. The CCI is directed to designate companies as Systematically Significant Digital Enterprise (SSDE). Tech companies are predominantly against the bill as they have an open nature of handling privacy concerns, and providing the information they have to third parties is currently easier. All this is discussed in the new bill, making it more difficult in the name of security. It further looks into the anti-competitive aspects and ways to promote fair competition in the digital market. The Committee on Digital Competition Law was set up to examine the previously existing regulatory mechanism for the rising digital markets in India. The main objective of this committee was to review the Competition Act, 2000, which currently deals with digital markets. There is a need to revisit the existing Act to make sure that it is well-equipped with the laws to deal with the challenges of the emerging digital economy and markets. These developments proves that the nation is adapting well to developments and to ensure that the advantages of digital innovation are widely distributed and that market power is not concentrated in the hands of a small number of dominant companies, such regulatory frameworks will likely become more critical as the digital economy continues to undergo further transformations. Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal Consultant For Origin Law Labs
The Alimony Debate: Insights from India’s Legal System
Marriage is considered to be a sacred union for generations in India. It is quite a big deal and is considered one of the most critical events in one’s life. In a country like India, which is so diverse, there are many customs regarding marriage. Every religion has a different tradition, and even within every religion, there are different castes or sects which follow different traditions. As fascinating as it is, the reality is quite exhausting. Different customs require different sets of rules and laws. Different laws for marriage are not enough. Because, marriage is not always a bed of roses. It comes with a pile of thorns called the separation. Earlier, separation and divorce were not spoken about in a marriage. But that’s not the same now. In 2016, 1.36 million were divorced. The divorced rates in north-east states are relatively higher. These increasing numbers are due to various reasons, including changing societal dynamics, the perception of marriage as a lifelong commitment has changed, migration, legal awareness, increased cost of living, and the impact of social media, etc. In India, same-sex marriage is still not legally recognised; therefore, when we refer to a married or a divorced couple, it’s about a man and a woman only. Therefore, none of the rules about marriage, divorce, or maintenance apply to same-sex couples. When we talk about alimony, it means maintenance or support. Providing financial support to the partner is a legal obligation that has to be given to the spouse. However, the general meaning doesn’t cover all the religions in India. If marriage has a religion, so does divorce. In the Hindu Marriage Act, 1955 (HMA), Section 24 talks about maintenance. Usually, when we say maintenance, we associate it with a man giving financial support to his wife. But that’s not the case here. Section 24 does not discriminate. The man and the wife are entitled to claim compensation under the Act. It depends on the financial stability or the ability to care for themselves or their partners to be divorced. Section 25 of the HMA talks about pendente lite. In addition to Section 24 of the HMA, Section 18 of the Hindu Adoption and Maintenance Act, 1956 gives an option to the wife to claim maintenance from her husband if specific criteria are proved, such as cruelty, bigamy, leprosy, conversion to another religion are a few to mention. Recently, in Rajnesh v. Neha , it was held that if maintenance is not paid regularly to the dependent unemployed wife and minor children, contempt proceedings for wilful disobedience may be initiated before the appropriate Court. Regarding a Christian couple, maintenance is discussed in the Indian Divorce Act 1869. Sections 36, 37, and 38 of the Act deal with the wife claiming divorce. Section 36 deals with the money or support to be given to the wife during the pendency of the suit. Section 37 deals with the concept of permanent alimony. In this case, the court decides the duration of the payments and how they should be made. This can be weekly or monthly, depending on the financial stability of the wife and the earning capacity of the husband as well. The maintenance of a Parsi couple is governed by Section 40 of the Parsi Marriage and Divorce Act 1936. Section 40 talks about permanent alimony and maintenance. It states, “(1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time after it, on an application made to it for the purpose by either the wife or the husband, order that the defendant shall pay to the plaintiff for her or his maintenance and support, such gross sum or such monthly or periodical sum, for a term not exceeding the life of the plaintiff as having regard to the defendants own income and other property, if any, the income and other property of the plaintiff, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the movable or immovable property of the defendant. (2) The Court, if it is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the Court may deem just. (3) The Court if it is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he had sexual intercourse with any woman outside wedlock, it may, at the instance of the other party, vary, modify or rescind any such order in such manner as the Court may deem just.” When it comes to a Muslim couple, the women can file for maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986. After divorce, she is entitled to a reasonable amount throughout the iddat period, an amount equal to the dowry agreed to be paid during the time of marriage, and a title of the properties given to her either before or after the marriage. She will be eligible for maintenance if she decides not to remarry, has children, and can’t support them. The State Wakf Board shall be ordered to pay maintenance if she has no one else. In Danial Latifi v. Union of India [2001 AIR SCW 3932], it was stated that the Muslim Women (Protection of Rights on Divorce) Act 1986, as well as the CrPC, can be used for remedies for a divorced Muslim woman. Apart from all the personal laws, Section 125 of the Code of Criminal Procedure (CrPC) discusses maintaining wives, children, and parents. Although there are so many laws and judgements regarding divorce, it still
Appointment and Removal of Arbitrator
Arbitration is a technique for resolving disputes legally. The parties in a conflict are referred to as neutral parties to conclude, and when a judgement is reached, it’s called an arbitral award. It is a very effective method of alternative dispute resolution. The Arbitration and Conciliation Act of 1996 governs arbitration in India. The Act delineates the laws that govern the implementation of foreign awards, international arbitration, and domestic arbitration in India. Arbitration is considered a cost-efficient resolution without delay, as in regular court procedures. The arbitrator is the individual designated as the impartial third party. The arbitrator adheres to the procedure selected by both parties. Appointment of the arbitrator is dealt with under Sections 10 and 11 of the Act. Section 10 talks about the number of arbitrators who can be appointed. The law says that the parties can determine the number of arbitrators. The essential rule in this process is that the number of arbitrators shall be manageable. If the parties fail to determine the number of arbitrator/s, the arbitral tribunal shall consist of a sole arbitrator. Section 11 of the Act deals specifically with the appointment of the arbitrators. It is the parties’ discretion to agree on a procedure for appointing the arbitrator/s. If they do not agree to a specific procedure to determine the arbitrators, each party to the dispute shall appoint one arbitrator, which will make two of them. These two appointed arbitrators shall choose another arbitrator, as the arbitrators cannot be in even numbers, according to Section 10. This third arbitrator shall act as the presiding arbitrator. Suppose the parties cannot reach a consensus on the arbitrator within 30 days in an arbitration proceeding with a sole arbitrator. In that case, the court or a designated individual will appoint the arbitrator. The arbitrators must meet the qualifications outlined in the arbitration agreement and additional criteria, including being over 18 and not being disqualified by law. Section 26 of the Act allows an expert to provide expert testimony on the matters before the arbitral tribunal. The tribunal is authorised to appoint multiple experts to resolve the dispute. The grounds for challenge are discussed in Section 12 of the Act, which encompasses any direct or indirect relationship with the parties or an interest in the subject matter of the dispute if there is any apprehension regarding his impartiality or independence. Sections 15, 14, and 12 of the Act address the removal of the arbitrator. It discusses the termination of the mandate and the replacement of the arbitrator. The mandate of an arbitrator will expire upon the arbitrator’s resignation from the office or upon the parties’ agreement. The failure or impossibility to act is the subject of Section 14 of the act. The grounds for challenging the arbitrator are discussed in Section 12(3). In Oyo Hotels and House Pvt. Ltd. v. Rajan Tewari and Anr, the Delhi High Court held that if neither party confirms the arbitrator, an application u/s 11 can be maintained. The Arbitration and Conciliation Act 1996 establishes regulations that guarantee a fair process of law. The removal of arbitrators and the capacity to do so are as critical an aspect of arbitration as the other stages. This allows the parties in dispute to have a more significant say in the resolution and ensures that the proceedings are as fair as possible. Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal ConsultantFor Origin Law Labs
Royalty Of Music Composers- Earning Every Time Their Music Gets Played
Music royalties are compensatory payments received by right holders (songwriters, composers, recording artists) in exchange for the licensed use of their music. These royalties are paid out by institutions that use the music from TV channels, radio stations and venues to stream live performances.
Guidelines To Write A Judgement- Irac Method
Judgement is a court decision, spelt out in a court order, that adjudicates a dispute between two parties by determining the rights and obligations of each party. It is defined as any decision a court gives on a question or issue between the parties to a proceeding correctly before the court. It is not adequate that a decision is accurate, it must also be reasonable, logical and straightforward. A judgement may require monetary compensation or transfer of property from one party to another. Civil judgements are adjudicated between private individuals, whereas criminal judgement is the result of legal action by the government for breaking criminal laws. The definition of Judgement is defined under Sec 2(9) of CPC,1908, “judgement” means the statement given by the Judge on the grounds of a decree or order. In this case, Jaipur Vs. Himalaya Paper (Machinery) Pvt. Ltd, New Delhi, AIR 1990 Rajasthan 120 [1] held that Judgment is a formal expression of opinion by the court. They are classified as in rem, in personam, or quasi in rem. In personam is the most common type of judgement that holds one entity personally liable to another. In rem imposes a general liability over a thing, such as property, but no personal liability. Quasi in rem determines the rights of an individual, rather than all parties, in a particular thing, such as property. What must a judgement contain? Writing judgments and orders is virtually an art which often varies from judge to judge as no format has been provided in law as to how judgments and orders should be written by the judges. However, the long practices evolved by judges over the decades have settled on how to write judgments and court orders. Arriving at conclusions and making decisions in cases out of the material available on records of cases is the most crucial part of the judicial function of the judges. Writing qualitative judgments and orders requires a lot of experience and skill, which a judge acquires over time. Over the years, the Supreme Court of India has given several landmark judgments highlighting the various methodologies to be adopted in writing judgments and orders of various natures with the help of previous Supreme Courts and High Courts. In the case, Shakuntala Shukla Vs State of UP, AIR 2021 SC 4384[2], The Fact that the judgement is accurate is insufficient. It must also be reasonable, logical and easily comprehensible. Judicial opinion is to be written in such a way that it elucidates convincingly and proves that the verdict is righteous and judicious. Therefore, it is desirable that judgements have clarity on facts and law and on submissions, findings, reasonings, and ultimate relief granted. Important elements of a Judgements A judgement is a judicial opinion that tells the story of the case, what the case is about, how the court is resolving the case, and why. According to Order 20, rule 4(2) CPC, the essential components of a judgement are : In the case of State Bank of India and Ors. Vs. Ajay Kumar Sood, MANU/SC/1040/2022 [3], Dr. D.Y. Chandrachud and A.S. Bopanna gave some insights into writing a judgement. The purpose of judicial writing is not to confuse the reader with complex language. The judge must provide an easy-to-understand analysis of the issues of law and fact. Judgments of the High Courts and the Supreme Court also serve as precedents to guide future benches. A judgement should be coherent, systematic, and logically organised. It should enable the reader to trace the facts to a logical conclusion based on legal principles. If the meaning of the written word is lost in language, the adjudicator’s ability to retain the reader’s trust is severely eroded. The IRAC method IRAC stands for the “Issue, Rule, Application, Conclusion” structure of legal analysis. An effective essay follows some form of the IRAC structure where it is organised around an “issue”, a “rule”, an “application”, and a “conclusion” for each and every issue and sub-issue identified as a legal problem. In terms of structuring judgments, it would be beneficial for courts to structure them in a manner such as the ‘Issue, Rule, Application and Conclusion’ (IRAC), which are easily identifiable. The ‘Issue’ refers to the question of law that the court is deciding. A court may be dealing with multiple issues in the same judgement. Identifying these issues clearly helps structure the judgement and provides clarity for the reader on the specific issue of law being decided in a particular segment of a judgement. The ‘Rule’ part refers to the portion of the judgement which distils the submissions of counsel on the applicable law and doctrine for the issue identified. This rule is applied to the facts of the case in which the issue has arisen. The analysis recording a court’s reasoning forms the ‘Application’ section. Finally, it is always useful for a court to summarise and lay out the ‘Conclusion’ based on its determination of the rule’s application to the issue along with the decision vis-à-vis the specific facts. This allows members of the bar, as well as judges relying upon the case in the future, to understand the case’s holding as a precedent concisely. In Surat v. Saheli Leasing & Industries Ltd, 2010 TMI-75903-SC [4], the Joint Commissioner of Income Tax gave detailed guidelines for writing orders and judgements. [1]AIR 1990 Rajasthan 120 [2]AIR 2021 SC 4384 [3]MANU/SC/1040/2022 [4]2010 TMI-75903-SC
The Supreme Court’s Guidelines on preventing mob lynching
Tehseen S. Poonawalla vs Union of India, WRIT PETITION (CIVIL) NO. 754 OF 2016, (2018) SCC OnLine SC 696 [1]. Background: In this case, the petitioner, a social activist, had preferred a writ petition under Article 32 of the Constitution for commanding the respondent State Nos. 3 to 8 to take immediate and necessary action against the cow protection groups indulging in violence and further to issue a writ or direction to remove the violent content from the social media uploaded and hosted by the said groups. GUIDELINES: A. Preventive Measures (i) The State Governments shall designate a senior police officer, not below the rank of Superintendent of Police, as Nodal Officer in each district. Such Nodal Officer shall be assisted by one of the DSP rank officers in the district for taking measures to prevent incidents of mob violence and lynching. They shall constitute a special task force to procure intelligence reports about the people who are likely to commit such crimes or are involved in spreading hate speeches, provocative statements and fake news. (ii) The State Governments shall forthwith identify Districts, Subdivisions, and/or Villages where instances of lynching and mob violence have been reported recently, say, in the last five years. The identification process should be completed within three weeks from the date of this judgement, as such a time period is sufficient in today’s fast-paced world of data collection. (iii) The Secretary, Home Department of the concerned States shall issue directives/advisories to the Nodal Officers of the concerned districts for ensuring that the Officer In-charge of the Police Stations of the identified areas are extra cautious if any instance of mob violence within their jurisdiction comes to their notice. (iv) The Nodal Officer, so designated, shall hold regular meetings (at least once a month) with the local intelligence units in the district along with all Station House Officers of the district to identify the existence of the tendencies of vigilantism, mob violence or lynching in the district and take steps to prohibit instances of dissemination of offensive material through different social media platforms or any other means for inciting such tendencies. The Nodal Officer shall also try to eradicate a hostile environment against any community or caste targeted in such incidents. (v) The Director General of Police/the Secretary, Home Department of the concerned States shall hold regular review meetings (at least once a quarter) with all the nodal officers and State Police Intelligence heads. The nodal officers shall bring to the DGP’s notice any inter-district coordination issues for devising a strategy to tackle lynching and mob violence-related issues at the State level. (vi) It shall be the duty of every police officer to cause a mob to disperse, by exercising his power Under Section 129 of the Code of Criminal Procedure, which, in his opinion, tends to cause violence or wreak havoc on lynching in the disguise of vigilantism or otherwise. (vii) The Home Department of the Government of India must take the initiative and work in coordination with the State Governments to sensitise the law enforcement agencies and involve all stakeholders to identify measures for preventing mob violence and lynching against any caste or community and to implement the constitutional goal of social justice and the Rule of Law.(viii) The Director General of Police shall issue a circular to the Superintendents of Police about police patrolling in the sensitive areas, keeping in view the incidents of the past and the intelligence obtained by the office of the Director General. It singularly means that there should be seriousness in patrolling so that the anti-social elements involved in such crimes are discouraged and remain within the boundaries of the law, thus fearing to even think of taking the law into their own hands. (ix) The Central and State Governments should broadcast on radio, television, and other media platforms, including the official websites of the Home Department and Police of the States, that lynching and mob violence of any kind invite serious consequences under the law. (x) It shall be the duty of the Central Government as well as the State Governments to take steps to curb and stop the dissemination of irresponsible and explosive messages, videos and other material on various social media platforms that tend to incite mob violence and lynching of any kind. (xi) The police shall cause to register FIR Under Section 153A of the Indian Penal Code and/or other relevant provisions of law against persons who disseminate irresponsible and explosive messages and videos having content that is likely to incite mob violence and lynching of any kind (xii) The Central Government shall also issue appropriate directions/advisories to the State Governments that reflect the gravity and seriousness of the situation and the measures to be taken. B. Remedial Measures (i) Despite the preventive measures taken by the State Police, if the local police become aware that an incident of lynching or mob violence has occurred, the jurisdictional police station shall immediately lodge an FIR without undue delay under the relevant provisions of the Indian Penal Code and/or other provisions of law.(ii) It shall be the duty of the Station House Officer, in whose police station such FIR is registered, to intimate the Nodal Officer in the district, who shall, in turn, ensure that the family members of the victim(s) are not further harassed.(iii) The Investigation into such offences shall be personally monitored by the Nodal Officer, who shall be duty-bound to ensure that the investigation is carried out effectively and that the charge sheet in such cases is filed within the statutory period from the date of registration of the FIR or arrest of the Accused, as the case may be.(iv) The State Governments shall prepare a lynching/mob violence victim compensation scheme in the light of the provisions of Section 357A of the Code of Criminal Procedure within one month from the date of this judgment. In the said scheme for computation of compensation, the State Governments shall give due regard to the nature