SEC 64 A Of NDPS Act, Pardoning Drug Users?
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) defines drug possession as a crime. The severity of the punishment is determined by the amount of the substance, not by whether it was purchased or was in possession for personal use or was for sale. Section 27 of the NDPS Act defines drug consumption as a crime that carries a maximum of one year (for some drugs) or a six-month (for all other drugs) sentence upon conviction. The punishment for the crime under the NDPS Act is variable, ranging from a criminal being sent to a rehabilitation centre to jail for up to one year and a fine. Section 35 in The Narcotic Drugs and Psychotropic Substances Act, 1985 defines presumption of culpable mental state as, “In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the court shall presume the existence of such mental state, but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.” In simpler words, a person apprehended under the NDPS Act is assumed to have knowledge, intent, and motive for the drug-related offence with which they are charged. Before the court, the accused must demonstrate that they do not have a “culpable mental state” to obtain bail. However, under section 64A of the Act, addicts who volunteer for treatment are exempted from prosecution. Anyone with a drug addiction who is accused of a crime punishable by Section 27 or a crime involving a minor amount of narcotic drug or psychotropic substance, who voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognized by the Government or a local authority and undergoes such treatment, shall not be liable to prosecution under section 27. However, if the addict is found carrying drugs, say, for a party, and the total quantity of drugs exceeds a small quantity (https://dor.gov.in/narcoticdrugspsychotropic/punishment-offences ), then he cannot get immunity under section 64A. In the case of Sanjiv Bhatnagar vs State CRIMINAL REVISION CASE NO.1278 OF 2015, the petitioner voluntarily submitted that he is willing to undergo Medical Treatment for de-addiction. The Madras High Court exercising its power under Section 482 of CrPC, ordered him to undergo treatment towards de-addiction and file a report. After evaluating the mental and physical health based on such a report, the court stated that “by applying Section 64(A) of the Act and the petitioner therein has gained immunity from prosecution; consequently proceedings before the II Additional Special Judge under NDPS Act, Chennai, have been quashed by the Madras High Court.” Anish Kumar Dundoo Versus State of Telangana Criminal Petition No. 1231 of 2021, where the High Court of Telangana, relying on the judgement rendered in the case of Sanjiv Bhatnagar vs State, quashed the proceedings against the petitioner stating the fact that the quantity which has been seized was small and the petitioner also produced a certificate of treatment issued by Government recognized De-Addiction centre. Simply put, Section 64(A) of the NDPS Act is intended to rid a user of drugs from the evil thereof and towards his/ her rehabilitation, the end object is to facilitate a life free of drugs.
Directions To Ensure That Police Officers Do Not Arrest Accused Unnecessarily And Magistrate Do Not Authorise Detention Casually And Mechanically
Arnesh Kumar vs. State of Bihar and Anr, (2014) 8 SCC 273 [1] Background: Our endeavour in this judgement is to ensure that police officers do not arrest the accused unnecessarily and Magistrate do not authorise detention casually and mechanically. In order to ensure what we have observed above, we give the following direction All State Governments instruct their police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, CrPC; All police officers be provided with a checklist containing specified sub- clauses under Section 41(1)(b)(ii); The police officer shall forward the checklist duly filed and furnish the reasons and materials which necessitated the arrest while forwarding/producing the accused before the Magistrate for further detention; The Magistrate, while authorising detention of the accused, shall peruse the report furnished by the police officer in terms aforesaid, and only after recording its satisfaction the Magistrate will authorise detention; The decision not to arrest an accused be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing; Notice of appearance in terms of Section 41A of Cr. PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing; Failure to comply with the directions aforesaid shall, apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction. Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court. We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the IPC or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine. [1] (2014) 8 SCC 273
Guidelines For Testing Under What Circumstances A Live-in Relationship Will Fall Within The Expression “Relationship In The Nature Of Marriage” Under Section 2(F) Of The DV Act
Indra Sarma vs. V.K.V. Sarma, MANU/SC/1230/2013 [1] Background: The Supreme Court, in this case, was concerned with the question whether a “live-in relationship” would amount to a “relationship in the nature of marriage” falling within the definition of “domestic relationship” under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 (for short “the DV Act”) and the disruption of such a relationship by failure to maintain a woman involved in such a relationship amounts to “domestic violence” within the meaning of Section 3 of the DV Act. GUIDELINES: The guidelines, of course, are not exhaustive but will definitely give some insight into such relationships. (1) Duration of period of relationship Section 2(f) of the DV Act has used the expression “at any point of time”, which means a reasonable period to maintain and continue a relationship that may vary from case to case, depending upon the situation. (2) Shared household Under Section 2(s) of the DV Act, the expression has been defined and, hence, needs no further elaboration. (3) Pooling of Resources and Financial Arrangements Supporting each other, or any one of them, financially, sharing bank accounts, acquiring immovable properties in joint names or the name of the woman, long-term investments in business, shares in separate and joint names, so as to have a long-standing relationship, may be a guiding factor. (4) Domestic Arrangements Entrusting the responsibility, especially to the woman, to run the home, and do the household activities like cleaning, cooking, maintaining or keeping the house, etc., is an indication of a relationship in the nature of marriage. (5) Sexual Relationship Marriage, like a relationship, refers to sexual relationships, not just for pleasure, but for emotional and intimate relationships, for procreation of children, to give emotional support, companionship and material affection, caring etc. (6) Children Having children is a strong indication of a relationship in the nature of marriage. Parties, therefore, intend to have a long-standing relationship. Sharing the responsibility for bringing up and supporting them is also a strong indication. (7) Socialisation in Public Holding out to the public and socialising with friends, relations and others as if they are husband and wife is a strong circumstance to hold the relationship in the nature of marriage. (8) Intention and conduct of the parties The common intention of parties as to what their relationship is to be and to involve, and as to their respective roles and responsibilities, primarily determines the nature of that relationship. [1] MANU/SC/1230/2013
Rights Of Disabled Person Under Indian Law
The Rights of Persons with Disabilities Act, 2016, was enacted to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto, which was ratified by India in the year 2007. The new Act, which repealed and replaced the Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995, provides a more comprehensive set of rights, duties and safeguards for persons with disabilities in India. The Rights of Persons with Disabilities Act, 2016 categorises three types of disabled persons as A person with benchmark disability- a person with not less than forty per cent of a specified disability where a specified disability has not been defined in measurable terms and includes a person with a disability where a specified disability has been defined in measurable terms, as certified by the certifying authority. (Section 2(r)) A person with a disability – long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others. (Section 2(s)) A person with a disability has high support needs- a benchmark disability certified under clause (a) of sub-section (2) of Section 58 who needs high support. (Section 2(t)) The Act ensures the protection and empowerment of disabled people by recognising and granting the rights: The right to equality, life with dignity and respect for his or her integrity equally with others, the right against discrimination on the grounds of disability and the right to personal Liberty. (Section 3) The right to live in the community. (Section 5) The right to not be subject to torture, cruel, inhuman or degrading treatment, and any research without his/her free and informed consent. (Section 6) The right against abuse, violence and exploitation. (Section 7) The right to equal protection and safety in situations of risk, armed conflict, humanitarian emergencies and natural disasters. (Section 8) The right to reproduction against any medical procedure which leads a disabled person to infertility without his or her free and informed consent. (Section 10) The right to access any court, tribunal, authority, commission or any other body having judicial or quasi-judicial or investigative powers without discrimination based on disability in accordance with The National Legal Services Authority and the State Legal Services Authorities constituted under the Legal Services Authorities Act, 1987 (39 of 1987). (Section 12) The right to own or inherit property, movable or immovable, control their financial affairs and have access to bank loans, mortgages and other forms of financial credit by promoting the right to equal recognition in all aspects of life, everywhere as any other person before the law. (Section 13) The right of persons with disabilities to have an adequate standard of living to enable them to live independently or in the community. The right to have a cultural life and participate in recreational activities equally. (Section 29) The right to free education for every child with a benchmark disability between the age of six to eighteen years in a neighbourhood school or a special school of his choice.(Rights of Children to Free and Compulsory Education Act, 2009 (35 of 2009) (Section 31) Not less than five per cent of seats are to be reserved for persons with benchmark disabilities and upper age relaxation of five years for admission in institutions of all government and other higher education. (Section 32) Punishment for Contravention of provisions mentioned above: Any person who violates provisions under the Act thereunder shall be punishable with a fine extending to ten thousand rupees and for any subsequent contravention with a fine which shall not be less than fifty thousand rupees but may extend to five lakh rupees. (Section 89) Any person who insults, voluntarily injures, assaults, dishonours, humiliates, or abuses any disabled persons shall be punishable with imprisonment for a term that shall not be less than six months but may extend to five years and with a fine. (Section 92)
Geographical Indication In India
India is a country that is rich in diversity, with each state in India being famous for some good – be it food, craft, clothing, or art. It is necessary to protect the good and its origin – the purpose which is served by the Geographical Indications of Goods (Registration and Protection) Act, 1999 (after this referred to as “the Act”). As per Section 2(1)(e) of the Act, “a geographical indication refers to an indication capable of identifying goods, including natural goods, agricultural goods, or manufactured goods, as manufactured or originating in a country’s territory, or a locality or region within that territory, where a specific quality, reputation, or any other attribute of such good is particularly a characteristic to its geographical origin.” Some examples of Geographical Indications are: TAMIL NADU KARNATAKA KERALA ANDHRA PRADESH MAHARASHTRA Kancheepuram Silk[i] Mysore Silk[ii] Alleppey Coir[iii] Venkatagiri Sarees[iv] Solapur Chaddar[v] Thanjavur Paintings[vi] Bidriware[vii] Navara Rice[viii] Machilipatnam Kalamkari[ix] Paithani Sarees and Fabrics[x] Madurai Sungudi[xi] Mysore Rosewood Inlay[xii] Palakkadan Matta Rice[xiii] Srikalahasthi Kalamkari[xiv] Nashik Valley Wine[xv] Temple Jewellery of Nagercoil[xvi] Mysore Traditional Paintings[xvii] Tirur Betel Leaf (Tirur Vettila) Budithi Bell & Brass Metal Craft[xviii] Puneri Pagadi[xix] Channapatna Toys & Dolls[xx] Kolhapur Jaggery[xxi] Registration As per Section 8 of the Act Geographical Indications of Goods (Registration and Protection) Act,1999, a geographical indication may be registered for any or all goods in a class specified by the registrar and for a definite territory of a country or an area or locality within that territory. The registrar may classify goods according to the international division of goods to register geographical indications and publish an alphabetical index. Prohibition on Registration of Certain Class of Goods Section 9 of the Act lays down and prohibits the registration of certain classes of goods, which include: (a) the use of which would be likely to deceive or cause confusion; or (b) the use of which would be contrary to any law for the time being in force; or (c) which comprises or contains scandalous or obscene matter; or (d) which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or (e) which would otherwise be disentitled to protection in a court; or (f) which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin, or which have fallen into disuse in that country; or (g) which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be, shall not be registered as a geographical indication. In R.S. Praveen Raj v. Tirumala Tirupati Devasthanams[xxii], the Petitioner filed a rectification petition challenging the GI tag granted to on the grounds of contravention to Section 11(1) read with Rule 32(5) and 32(6)(a),(f) of the Rules which prohibits registration of the Tirupati Laddu on hurting religious sentiments. He further contended that the award served no industrial purpose and that granting a monopoly undermines the ratio of a Geographical Indicator and prayed for removing GI-121 from the Registry. Disposing the petition, the Court held that granting of GI tag never hurt religious sentiments; at the same time, GI protects the devotees against non-genuine products and, on the other hand, facilitates the growth and prosperity of the society. Who can apply? According to Section 11 of the Act, any association of persons or producers or any organisation or authority established by or under any law for the time being in force representing the producers of the concerned goods desiring to register a geographical indication concerning such goods must apply in writing to the registrar in such form and manner and accompanied by such fees as may be prescribed for the registration of the geographical indication. Any question about the class of a good, the area in which a geographical indicator is to be registered, or where a good is not listed in the alphabetical index of goods is decided by the registrar, and his judgement is final. Rule 32(6)(a) of the Geographical Indication of Goods (Registration & Protection) Rules, 2002 states that there should be an affidavit which states how the person wants to represent the association of persons or organisations. In the case of Subhash Jewellery v. Payyannur Pavithra Ring Artisans[xxiii] producers, it was held that a mere claim that the society is called Payyannur Pavithra Ring Artisans and Development Society would not suffice. There should be evidence to show that the producers are desirous of coming together to protect the Geographical Indication, which is clearly absent. Above all, on their own admission, the Choovatta Valappil family was entrusted with the technique of making the ring. Still, even the members of that Tharawad had no notice of the application. Such an application will defeat the purpose of the Act. Duration, Renewal, Removal and Restoration of Registration Duration Section 18 of the Act provides that a geographical indication lasts ten years or until the authorised user’s registration expires, whichever comes first. Renewal After an application is made in the prescribed manner by the registered proprietor in the prescribed period and after the payment of the prescribed fee, the registrar renews the registration of the geographical indication or authorised user for ten years from the date of expiration of the original registration or of the last renewal of registration, as applicable. Removal Before the expiration of the last registration, the registrar must notify the registered proprietor or the authorised user of the expiration date and the conditions for paying fees and getting a registration renewal. If these conditions aren’t met by the end of the time allowed, the registrar may remove the geographical indication or the authorised user. Restoration of registration Where a geographical indication or an authorised user has been removed from the register because the required fee has not been paid, the registrar must restore the
Sexual Relations In The Promise Of Marriage- Indian Courts Crack The Whip
Marriage was once seen as a religious and social institution rather than a legal one, but as circumstances have changed, it is now regarded as a personal decision and marriage between two individuals rather than two families. Marriage unites two people for life, allowing them to pursue responsibility, possessions, and physical pleasures. Rape is derived from the Latin phrase “rapio,” which means “seize.” Rape is defined under Section 372 of the IPC. Rape is a violation of a woman’s intimate parts and is an outrage in every way. It is considered the most serious crime since it produces immense mental and bodily suffering that might last a lifetime for the victim. Promise to marry and have sexual relations A person’s consent for sexual intercourse gained by a false promise of marriage does not relieve him of rape accusations. When the accused promises to marry the victim despite having no intention of marrying, and the victim gives consent for sexual intercourse based on such an assurance by the accused that he would marry her, such consent can be said to be obtained on a misconception of fact as per Section 90 of the Indian Panel Code, and, in such a case, such consent would not excuse the offender. Such an offender can be said to have committed the rape as defined under Section 375 of the Indian Panel Code and shall be punished for the same. Section 90 of the IPC states that permission granted based on a false belief is not consent. In promise-to-marry situations, the fraudulent promise of marriage is considered a factual error. Even if the sexual encounter was consenting in itself, due to a misconception of marriage, it fits inside the rape. Courts may classify ordinarily consenting sexual intercourse as rape if it occurs under the guise of a false promise of marriage. If it can be established that: the woman’s permission to have sexual intercourse is purely based on the man’s promise of marriage, the man had no genuine intention of marrying, and the promise of marriage was simply to elicit consent for sexual intercourse, the consent is null and void. False promise refers to a promise that the accused had no intention of executing from the start. On the other hand, the inability to keep a commitment might occur owing to various unforeseeable causes. Courts take an entirely different stance in circumstances of incapacity to fulfil a marriage pledge. Related Judgements In the case of Uday v. State of Karnataka (2003) MANU/SC/0162/2003 [1], the complainant, a college student, confessed in her statement that she understood from the start that her connection with the accused would be met with severe opposition from both of their families. The Court stated that, regardless of this information, she continued to have sexual relations with the accused. In this case, the complainant’s choice to continue having sexual relations with the accused was motivated by other factors other than the accused’s promise of marriage. In the case of Yedla Srinivasa Rao v. State Of A.P (2006) MANU/SC/8531/2006 [2], the accused had sexual relations with the girl on the promise that he would marry her. When she became pregnant, the accused refused to marry her. The case was brought before the Panchayat, where the accused admitted guilt and promised to marry her, but he left the village. The Supreme Court noted that the girl clearly had sexual relations with the accused in exchange for the accused’s promise to marry her. The accused’s actions constituted rape. She would not have allowed the accused to have sexual relations if this promise had not been made; hence he was convicted to seven years of imprisonment and a fine. The Supreme Court in Deepak Gulati v.State of Haryana (2013) MANU/SC/0546/2013 [3] ruled that an accused can be convicted of rape under the criminal provisions only if there is proof that ‘the accused’s purpose was mala fide. The Court further stated that the complainant should have sufficient evidence to demonstrate that the accused had no intention of marrying the victim in the first place. In such a case, Section 90 of the IPC cannot be utilised to impose criminal culpability on the accused. In Anurag Soni v. The State Of Chhattisgarh (2019) MANU/SC/0522/ [4], a young girl studying Pharmacy, unaware that the appellant’s marriage was set with another lady, consented to sexual intercourse with a doctor only after he assured her that he would marry her. The Court found that based on the evidence, the accused had no intention of marrying the prosecutor from the start, and he made a false promise to her in exchange for her consent to have sexual contact with him. Since her consent was based on a misconception of the facts under Section 90, her consent will be ruled null and void. As a result, the accused was found guilty of rape under Section 375 of the IPC and was punished for the same. In the recent case of Naim Ahmad v. State (NCT of Delhi), MANU/SC/0080/2023 [5]. While finding the appellant-accused guilty of the offence under Section 376 of the IPC, the Sessions Court sentenced him to rigorous imprisonment for ten years and a fine of Rs.50,000/-, with additional imprisonment for one year in default. The Sessions Court further ordered the appellant to give the prosecutrix compensation of Rs.5,00,000/- in order for her to support herself and the minor child. The accused-appellant challenged the said order in the High Court, and the High Court modified the Sessions Court’s sentence order by reducing the substantive punishment to 7 years with a fine of Rs.5,000/- and confirming the direction regarding the payment of compensation. Further, the High Court’s decision was challenged before the Hon’ble Supreme Court, and the Supreme Court allowed the said appeal, and the orders of the Session Court and High Court were set aside, stating that “It would be wrong to consider that every breach of promise to marry as a false promise and to prosecute a person for
Monetising Copyright- Licensing And Legal Protections In Indian Copyright Law
The laws pertaining to copyright protection in India are governed by the Copyright Act, 1957 (Act) and the Copyright Rules. Ideas, facts, or concepts alone are not protected under this Act. Copyright safeguards the unique expression of knowledge and concepts. A copyright claim may be made by the original creator, a person who has inherited the creator’s ownership rights, or the creator’s authorised representative. The Copyright Act provides an Economic right – to the author to reproduce the work, issue copies, perform or communicate it to the public, make any cinematograph film or sound recording, or make any adaptation or translation of the work. Paternity right or the right to claim authorship of the work Integrity right – which protects one’s honour and reputation General right – which prevents one from having a work falsely claimed to be their own. The author retains these moral rights even after the copyright has been assigned. Under Section 30 of the Copyright Act of 1957, copyright holders have the opportunity to generate revenue by granting licences. Licensing allows copyright holders to expand their reach and market presence, as outlined in Section 14, by granting exclusive rights for reproduction, distribution, and communication to the public. As enabled by Section 30(b), collaborative opportunities allow copyright holders to partner with publishers, production companies, and other professionals to enhance promotion and distribution. With the flexibility provided by Section 30(c), copyright holders can customise licensing terms to suit their specific needs, ensuring control over their creative works. Voluntary licensing, as outlined in Section 30, enables copyright holders to grant licences to third parties for the authorised use of their copyrighted works. Voluntary licences can be exclusive or non-exclusive, granting either sole rights or multiple rights to licensees. Exclusive licences, as defined under section 2(j), governed by Section 32(3), offer the advantage of exclusivity, enabling the licensee to access and use the copyrighted work. It was held in the case of M/S. PHONOGRAPHIC PERFORMANCE LIMITED vs HOTEL GOLD REGENCY & ORS [ RFA (OS) No.57 of 2008][1] that the expression “owner of Copyright” has been defined in Section 54 to include an exclusive licensee. Non-exclusive licences, as Section 32(2) provides, allow multiple licensees to use the same work simultaneously, broadening its distribution and potential revenue streams. As per Section 31, compulsory licensing comes into play when copyright holders refuse to publish, distribute, or make their works available to the public. It allows interested parties to apply for licences to use the works in question. Compulsory licensing prevents unjustifiable withholding of important works, ensuring broader access to valuable knowledge, educational resources, and cultural creations. In the case of Entertainment Network (India) Ltd. V. Super Cassette Industries Ltd [ AIR 2004 Delhi 326, 112 (2004) DLT 549] [2], it was held that compulsory licensing could only be granted when denied public access. Additionally, copyright holders benefit from legal protection under Sections 63 and 55, enabling them to enforce their rights through injunctions, damages, and other remedies. [1] RFA (OS) No.57 of 2008 [2] AIR 2004 Delhi 326, 112 (2004) DLT 549
Guidelines To Address Honour Crime Issues
Shakti Vahini vs Union of India, WRIT PETITION (CIVIL) NO. 231 OF 2010, (2018) 7 SCC 192 [1] Background: The instant Writ Petition has been preferred under Article 32 of the Constitution of India, seeking directions to the respondents- State Governments and the Central Government to take preventive steps to combat honour crimes, to submit a National Plan of Action and State Plan of Action to curb crimes of the said nature and further to direct the State Governments to constitute special cells in each district which the couples can approach for their safety and well-being. That apart, prayers have been made to issue a writ of mandamus to the State Governments to launch prosecutions in each case of honour killing and take appropriate measures so that such honour crimes and embedded evil in the mindset of certain members of the society are dealt with iron hands. The Government of India, Ministry of Home Affairs issued the following guidelines: I.Preventive Steps: The State Governments should forthwith identify Districts, Sub Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in the recent past, e.g., in the last five years. The Secretary, Home Department of the concerned States shall issue directives/advisories to the Superintendent of Police of the concerned Districts to ensure that the officer in charge of the Police Stations of the identified areas is extra cautious if any instance of inter-caste or inter-religious marriage within their jurisdiction comes to their notice. If information about any proposed gathering of a Khap Panchayat comes to the knowledge of any police officer or any officer of the District Administration, he shall forthwith inform his immediate superior officer and also simultaneously intimate the jurisdictional Deputy Superintendent of Police and Superintendent of Police. On receiving such information, the Deputy Superintendent of Police (or such senior police officer as identified by the State Governments with respect to the area/district) shall immediately interact with the members of the Khap Panchayat and impress upon them that convening of such a meeting/gathering is not permissible in law and to eschew from going ahead with such a meeting. Additionally, he should issue appropriate directions. to the officer in charge of the jurisdictional Police Station to be vigilant and, if necessary, to deploy adequate police force for the prevention of assembly of the proposed gathering. Despite taking such measures, if the meeting is conducted, the Deputy Superintendent of Police shall personally remain present during the meeting and impress upon the assembly that no decision can be taken to cause any harm to the couple or the family members of the couple, failing which each one participating in the meeting besides the organisers would be personally liable for criminal prosecution. He shall also ensure that video recording of the discussion and participation of the members of the assembly is done on the basis of which the law-enforcing machinery can resort to suitable action. If the Deputy Superintendent of Police, after interaction with the members of the Khap Panchayat, has reason to believe that the gathering cannot be prevented and/or is likely to cause harm to the couple or members of their family, he shall forthwith submit a proposal to the District Magistrate/Sub-Divisional Magistrate of the District/ Competent Authority of the concerned area for issuing orders to take preventive steps under the Cr.P.C., including by invoking prohibitory orders under Section 144 Cr.P.C. and also by causing arrest of the participants in the assembly under Section 151 Cr.P.C. II.Remedial Measures: Despite the preventive measures taken by the State Police, if it comes to the notice of the local police that the Khap Panchayat has taken place and it has passed any diktat to take action against a couple/family of an inter-caste or inter-religious marriage (or any other marriage which does not meet their acceptance), the jurisdictional police official shall cause to immediately lodge an FIR under the appropriate provisions of the Indian Penal Code including Sections 141, 143, 503 read with 506 of IPC. Upon registration of FIR, intimation shall be simultaneously given to the Superintendent of Police/Deputy Superintendent of Police, who, in turn, shall ensure that an effective investigation of the crime is done and taken to its logical end with promptitude. Additionally, immediate steps should be taken to provide security to the couple/family and, if necessary, to remove them to a safe house within the same district or elsewhere, keeping in mind their safety and threat perception. The State Government may consider establishing a safe house at each District headquarters for that purpose. Such safe houses can cater to accommodate (i) young bachelor-bachelorette couples whose relationship is being opposed by their families /local community/Khaps and (ii) young married couples (of an inter-caste or inter-religious or any other marriage being opposed by their families/local community/Khaps). Such safe houses may be placed under the supervision of the jurisdictional District Magistrate and Superintendent of Police. The District Magistrate/Superintendent of Police must deal with the complaint regarding threats administered to such a couple/family with the utmost sensitivity. It should be first ascertained whether the bachelor-bachelorette are capable adults. Thereafter, if necessary, they may be provided logistical support for solemnising their marriage and/or for being duly registered under police protection if they so desire. After the marriage, if the couple so desires, they can be provided accommodation on payment of nominal charges in the safe house initially for a period of one month to be extended on a monthly basis but not exceeding one year in aggregate, depending on their threat assessment on case to case basis. The initial inquiry regarding the complaint received from the couple (bachelor-bachelorette or a young married couple) or upon receiving information from an independent source that the relationship/marriage of such couple is opposed by their family members/local community/Khaps shall be entrusted by the District Magistrate/Superintendent of Police to an officer of the rank of Additional Superintendent of Police. He shall conduct a preliminary inquiry and ascertain the threat perception’s authenticity, nature and gravity.