Penal Law's List

        

          "Might is right" was the rule of law in the uncivilized society. Neither  himself nor his property was safe from other persons. In India, criminal justice system begun with Manu. The King was the head of  the justice system and if King was unable decide something , then the matter was handed over to judges.With the passage of time, different criminal laws came into existence. During the British period in India, efforts were made to adopt a uniform law for whole of India.Now the criminal law in India can be explained under four heads which is almost same for whole of India except in J &K state or some parts of the  a few states.

Indian Penal Code(IPC) : 

           The Indian Penal Code was drafted by the 1st law commission of India under the chairmanship of Lord Macaule in the year 1834 and commission presented its report in the year 1837.With a lot of changes the final bill was passed and the Indian Penal Code(act 45 of 1860) came into existence in the year 1860. The Indian Penal Code has been explained in twenty-eight chapters and 511 sections. It is not possible to discuss every chapter in detail here in this page of the blog. Important sections of the IPC will be discussed in the home posts of the blog.The chapters of the Indian Penal Code are given below :

   1)   Introduction

   2)   General exceptions

   3)   Punishments

   4)   General exceptions

   5)   Abetment

5A)   Criminal conspiracy

   6)   Offences against state

   7)   Offences relating to the army,navy and air-force

   8)   Offences against the public tranquillity

   9)   Offences by or relating to public servants

9A)   Offences relating to elections

 10)   Contempt of lawful authority of public servants

 11)   False evidence and offences against public justice

 12)   Offences relating to coin and govt stamps

 13)   Offences relating to weigh and measures

 14)   Offences affecting the public health,                                                      convenience,decency and morals 

 15)   Offences relating to religion

 16)   Offences affecting human body

 17)   Offences against property

 18)   Offences relating to document and property marks 

 19)   Criminal breach of contracts of service

 20)   Offences relating to marriage 

20A) Cruelty by husband or relatives of husband

 21)   Defamation

 22)   Criminal intimidation, insult and annoyance

 23)   Attempts to commit offences.

Criminal procedure code(CrPC) : 

               There were different acts for the guidance of police/courts in different erstwhile provinces and presidency towns.These acts were 1st consolidated in the year 1852.This was replaced from time to time.The procedure which is applicable to all the criminal proceedings in India( J&K and Nagaland and Tribal areas in Assam) is in the criminal procedure code,1898.The code has been amended from time to time.The code has been written in 37 chapters containing 484 sections.The names of chapters are as :

     1)   Preliminary

     2)   Constitution of criminal courts and offices

     3)   Powers of courts

  4A)   Power of superior officers of police

  4B)   Aid to the magistrates and police

    5)    Arrests of persons 

    6)    Processes to compel appearance

           >summons

           >warrant of arrest

           >proclamation and attachment

           >other rules regarding processes

   7)    Process to compel the production of things

7A)    Reciprocal arrangements for assistance in certain matters 

          and procedures for attachment and forfeiture of property

   8)    Security for keeping the peace and for good behaviour

   9)    Order for maintenance of wives, children and parents

 10)    Maintenance of public order and tranquillity

 11)    Preventive action of the police 

 12)    Information to the police and their power to investigate

 13)    Jurisdiction of the criminal courts in inquiries and trials

 14)    Conditions requisites for initiation of proceedings

 15)    Complaints to magistrates

 16)    Commencement of proceedings before magistrates

 17)    The charge

 18)    Trial before a court of session

 19)    Trial of warrant-cases by magistrates

 20)    Trial of summons-cases by magistrates

 21)    Summary trials  

21A)  Plea bargaining

 22)    Attendance of persons confined or detained in prisons

 23)    Evidence in inquiries and trials

 24)    General provisions as to inquiry and trials 

 25)    Provisions as to accused persons of unsound mind

 26)    Provisions as to offences affecting the administration of 

          justice

 27)    The judgement

 28)    Submission of death sentences for confirmation

 29)    Appeals

 30)    Reference and revisions

 31)    Transfer of criminal cases

 32)    Execution, suspension, remission and commutation of 

          sentences

 33)    Provisions as to bail and bonds

 34)    Disposal of property

 35)    Irregular proceedings

 36)    Limitation for taking cognizance of certain offences

 37)    Miscellaneous.

Indian evidence act :

           When a consolidated judicial system was introduced in India, it became  to enact law relating to evidence so that court may come to some conclusion about the facts of the case and to pronounce judgements.The select committee constituted to prepare the evidence bill was submitted in the year 1872. The Indian Evidence Bill came into force on 1st day of September, 1872(act 1 of 1872).The Indian Evidence Act has been explained in three parts and eleven chapters containing 167 sections.The names of the chapters of act are given below :
                                  Part 1

  1)   Preliminary

  2)   Of the relevancy of facts

  
                                  Part 2


  3)   Facts which need not be proved

  4)   Of oral evidence

  5)   Of documentary evidence

  6)   Of the exclusion of oral or documentary evidence

                                  Part 3

  7)   Of the burden of proof

  8)   Estoppel

  9)   Of witnesses

10)   Of the examination of witnesses

11)   Of improper admission and rejection of evidence.

Local and special laws :

      There are some other acts known as Local and special laws or criminal minor acts in which special provisions have been provided which are not generally covered under the Indian Penal Codes. These acts are enforced time to time as per the prevalent circumstances.A list of some of such acts is provided below : 

     1)   The Actuaries Act, 2006

     2)   The Advocates Act,1961

     3)   The Air (Prevention and Control of Pollution) Act, 1981

     4)   The Air Force Act, 1950

     5)   The Ancient Monument Prevention and Archaeological Site

           and Remains Act, 1958

     6)   The Ancient Monuments Prevention Act, 1904

     7)   The Anti-Hijacking Act,1982

     8)   The Antiquities and Art Treasures Act,1972

     9)   The Armed Forces Act, 1947

   10)   The Arms Act, 1959

   11)   The Arms Rules,1962

   12)   The Atomic Energy Act, 1962

   13)   The Benami Transactions (Prohibition) Act,1988

   14)   The Biological Diversity Act,2002

   15)   The Bounded Labour (Abolition) Act,1976

   16)   The Cable Television Network (Regulation) Act,1995

   17)    The Cattle Trespass  Act, 1871

   18)   The  Central Excise Act, 1944

   19)   The Central Vigilance Commission Act,2003

   20)   The Chit Funds Act,1982

   21)   The Cinematography  Act, 1952

   22)   The Citizenship Act,1952

   23)   The Commission of Sati Act, 1987

   24)   The Commissions of Inquiries Act,1952

   25)   The Conservation Foreign Exchange and Prevention of 

           Smuggling Activities Act,1974

   26)   The Contempt of Courts Act,1971

   27)   The Copyright Act,1957

   28)   The Credit Information Companies (Regulation) Act,2005

   29)   The Customs Act,1962

   30)   The Dangerous Machines (Regulation) Act, 1983

   31)   The Delhi Special Police Establishment Act,1946

   32)   The Departmental Inquiries Act,1972

   33)   The Dowry Prohibition Act,1961

   34)   The Dowry Prohibition Rules,1985

   35)   The Drugs and Cosmetics Act ,1940

   36)   The Drugs and Magic Remedies Act, 1954

   37)   The  Drugs (Control) Act,1950

   38)   The Electricity Act,2003

   39)   The Emblems and Names  (Prevention of Improper use) Act,

            1959

   40)   The Emigration Act, 1983

   41)   The Environment (Protection) Act,1986

   42)   The Essential Commodities Act,1955

   43)   The Essential Services Maintenance Act,1981

   44)   The Explosives Act,1884

   45)   The Explosive Substances Act,1908

   46)   The Extradition Act,1962

   47)   The Fatal Accidents Act,1855

   48)   The  Food Safety and Standards Act,2006Geographical

   49)   The Foreign Exchange and Management Act,1999

   50)   The Foreigners Act, 1946

   51)   The Indian Forest Act, 1927

   52)   The Geographical Indications of Goods (Registration  

           and Protection) Act, 1952

   53)   The Identification of prisoners Act, 1920

   54)   The Immoral Traffic Act, 1956

  55)   The Indecent Representation of women(Prohibition) 

           Act, 1986  

  56)   The Infants Milk Substitutes,Feeding Bottles and Infant

          Foods Act, 1992

   57)   The Inflammable Substances Act, 1952

   58)   The Information Technology Act, 1952

   59)   The Juvenile Justice Act, 2000

   60)   The Lotteries Act, 1998

  61)   The Maharashtra Control of Organised Crime Act, 1999

   62)   The Medical Termination of Pregnancy Act,2003

   63)   The Mental Health Act,  1987

   64)   The Motor Vehicles Act, 1988

   65)   The Muslim Women Act,1986

   66)   The  Narcotics Drugs and Psychotropic Substances 

           Act,1986

   67)   The National Environment Tribunal Act, 1955

   68)   The National Securities Act, 1980

   69)   The Negotiable Instruments  Act, 1981

   70)   The Oaths Act, 1969

   71)   The Official Secrets Act, 1923

   72)   The Passports Act,1967

   73)   The Places of Worship Act, 1991

   74)   The Poisons Act, 1919

   75)   The Police Act, 1861

   76)   The (Incitement and Disaffection) Act,1922

   77)   The Police Forces (Restriction of rights) Act,1966

   78)   The Pre-conception and Pre-natal Diagnostic 

           Techniques (Prohibition of sex) Act,1980

   79)   The Press and Registration of books Act,1867

   80)   The Prevention of Black marketing and Maintenance 

           of supplies of Essential Commodities Act,1980

   81)   The Prevention of corruption Act,1988

   81)   The Prevention of Cruelty to Animals Act,1960

   82)   The Prevention of Damage to Public Property Act, 1984

   83)   The Prevention of Food Adulteration Act,1954

   84)   The Prevention of Illicit Traffic in Narcotics  Drugs and

           Psychotropic Substances Act, 1988

   85)   The Prevention of Insult to National Honour Act, 1971

   86)   The  Prevention of Seditious Meetings Act, 1911

   87)   The Prevention of Terrorism Act, 2002

   88)   The Prisoners Act, 1900

   89)   The Prisoners( Attendance in Courts) Act,1955

   90)   The Prisons Act, 1894

   91)   The Private Security Agencies (Regulation) Act, 2005

   92)   The Probation of Offenders Act, 1958

   93)   The Prohibition of Child  Marriage Act, 2006

  94)   The Prohibition on Sale of Cigarettes and other Tobacco 

           Products Around Educational Institutions Rules, 2004

   95)   The Protection of Civil Rights Act,1955

   96)   The Protection of Human Rights Act,1993

   97)   The Protection of Plants Varieties and Farmers Rights

           Act, 2001

   98)   The Protection of Women from Domestic Violence Act,

           1971

   99)   The Public Gambling Act,1867

 100)   The Public Premises (Eviction of Unauthorised              

           Occupants) Act, 1971

 101)   The Public Servants (Inquiries) Act, 1850

 102)   The  Railway Act, 1989

 103)   The Railway Protection Force Act, 1957

 104)   The Registration of Foreigners Act,1939

 105)   The Religious Institutions (Prevention of Misuse) Act, 1988

 106)   The Repatriation of  Prisoners Act, 2003 

 107)   The Representations of Prisoners Act, 1951

 108)  The Scheduled Castes and  Scheduled Tribes (Prevention

          of Atrocities) Act,1989

 109)   The Semiconductor  Integrated Circuits Layout Design

          Act, 2000

 110)   The Small Coins (Offences) Act, 1971

 111)   The Smugglers and Foreign Exchange Manipulators 

           ( Forfeiture of property) Act, 1976

 112)   The Special Protection Group Act, 1988

 113)   The Standards of Weights and Measures Act,1976

 114)   The Standards of Weights and Measures ( Enforcement)

           Act, 1985

 115)   The State Emblem if India(Prohibition of Improper

           Use) Act, 2004

 116)   The Indian Telegraph Act, 1885

 117)   The Telegraph wires( Unlawful Possession) Act,1950

 118)   The Terrorist Affected Areas (Special Courts) Act, 1984

 119)   The Trade Marks Acts, 1999

 120)   The Transfers of Prisoners Act, 1950

 121)   The Transplantation of Human Organs Act, 1994

 122)   The Indian Treasure  and Trove Act, 1878

 123)   The Unlawful Activities (Prevention) Act, 1967

 124)   The Water (Prevention and Control of Pollution) Act, 1974

 125)   The Weapon of Mass Destruction and their Delivery

           System (Prohibition of Unlawful activities) Act,2005

 126)   The Wild Life (Protection) Act, 1972

 127)    The Young Persons (Harmful Publications) Act, 1956

                These are the four heads under which almost all the crime is dealt in India.  We will try to explain all the heads  as mentioned above with the help of examples later in our posts. It is also important to mention here that all the information provided in this blog in only informative  and not for the legal purposes.        

What is Theft ?

                                        If a person takes any movable property out of possession of any person without that person's consent with intention has committed theft.

• A thing attached to earth is not movable property.
• A thing to moved from one place to another without the consent of the owner is called is theft.
• A person, if moves anything by removing obstacle or by separating from other thing.
• A person, if moves anything with the help of an animal.

                             For example, a person who is friend of the other goes into his house in his absence or in his presence and takes away some valuable thing without his consent. he has committed theft.

Sections of IPC for theft :

Theft : if any person commits theft mention in above manner, he is punished u/s 379 of IPC. Maximum punishment is 3 years and offence is cognizable.

Theft in dwelling house : If any person commits theft in someones building, tent or vessel used as a human dwelling (section 380). Maximum punishment is seven years.

Theft by clerk or servant : If theft is committed by the above is punished u/s 381 IPC. Maximum punishment is 7 years.

                            If any person commits theft by putting another in fear or by causing hurt, there are other sections of the law for offence as :

When a theft becomes extortion or robbery or dacoity?

1) Extortion : If theft is committed by putting the other in fear of injury is extortion and punished u/s 384 IPC. Maximum punishment is 10 years. Sections 385 IPC, 386 IPC 3867 IPC, 387 IPC, 388 IPC, 389 IPC are meant for extortion under different conditions.

e.g. A person threatens the other that he will keep his child in wrongful confinement, unless to pay certain money and he pays in consequence.

2) Robbery : Theft or extortion becomes robbery if offender causes or attempts to cause death or hurt or fear of instant death or hurt (section 392 to 394 IPC).

e.g. A person meets the other, shows him pistol and demands money. In consequence, he pays him money.

3) Dacoity : If  five or more person commit robbery, dacoity is committed. Maximum punishment is death or life imprisonment (section 395 to 398 IPC).

                          Investigating agencies add some sections of IPC in FIR if theft is caused in house etc. by time of day or night. If lurking house trespass or house breaking is caused, then commonly section 454 IPC or 457 IPC is added in FIR.

Lurking house trespass : If someone enters into another house by concealing himself from the person who has right to exclude or eject him from the house.

House breaking : If any person enters into or exits from house in following ways :

• If enters or exits through a passage by himself for house trespass .
• If enters or exits through passage not intended by person for human entrance.
• If enters or exits in house by means not intended by the occupier of the house.
• If enters or exits the house by opening a lock in order to commit house trespass.

• If enters or exits by using criminal force or by threatening.

Important points :

• Do not disturb the spot  and preserve it till the arrival of investigating agency.
• Investigating agency collects finger prints from the spot which are sent to the finger print bureau for matching.If offender is habitual and his FP are already there, match can be helpful in detection of the accused.
• Foot prints can be taken.
• If any CCTV was working nearby can be helpful.
• Most important are the witnesses whether eye-witness or not.
• Link evidence if evidence is found during investigation in relevance to the offence.
• Latest technique is the dump-data of call details in the area. If presence of the accused  or his mobile phone is found in the area, it can be helpful.

Juvenile in conflict with law

                                The  constitution of India in provisions including articles 15(3), 39(e), 39(f), 45,47 impose on the state primary responsibility to ensure that all the needs of children are met and that their human rights are fully protected. The general assembly of the United Nations adopted the convention on the rights of the child on the 29th November, 1989 in which it was emphasised for social integration of the child victims to the extent possible, without resorting to judicial proceedings.The government of India ratified the convention on 11th December, 1992. Keeping in view the above, it became necessary to re-enact the existing law on juveniles and an act called the Juvenile Justice (Care and Protection of Children) Act,2000 came into existence in whole of India except Jammu and Kashmir.

                           "Juvenile" means a person or a child who has not attained eighteen years of age and "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence or a crime and has not completed 18 years of his age on the date of commission of offence.

                            If any juvenile is alleged to have committed a crime, he is not tried in the ordinary way as in other cases. The case of juvenile is tried before Juvenile Justice Board. If juvenile is found in conflict with law with other  offenders or accused, a separate file is prepared against him/her and presented before the Juvenile Justice Board for trial whereas other accused for same offence are tried in judicial court.

Juvenile Justice Board : 

                            Juvenile Justice Boards are meant for exercising the powers and discharging the duties conferred or imposed on such board in relation to juvenile in conflict with law, by notification.

• A board consists of a Metropolitan Magistrate or Judicial Magistrate of first class and two social workers, one of which shall be woman which forms a bench. Every bench shall have the powers of a magistrate.
• Magistrate to be appointed as member of board  should have knowledge or training in child psychology or child welfare and social worker should be in involved in welfare activities of child for  at least seven years (section 4).

                              The state government has been authorised to constitute for district or group of districts one or more juvenile justice boards.

When a juvenile is apprehended in conflict with law ?

                             When a juvenile is apprehended in conflict with any law by police, he shall be produced before board without any loss of time or within 24 hours of his apprehension. Juvenile is never kept in lock up.

Bail of juvenile :

                             When any person apparently juvenile accused of a bailable or non bailable offence  is produced before board, be released on bail and if not released on bail, such juvenile shall be sent to the observation home or in a place of safety (section 12).

Orders regarding juvenile :

                               Board shall hold an inquiry and if finds in the inquiry that juvenile has committed an offence :

• allow the juvenile to go home after advice or admonition
• direct the juvenile  to participate in group counselling and similar activities
• order the juvenile to perform the community services
• order the parents to pay fine if he is above 14 years and earns money
• direct the juvenile to be released on probation of good conduct
• make an order directing the juvenile to be sent to special home for a period of three years (section 15).       

Other important points :

• In case of apprehension of a juvenile, information shall be given to parent, guardian or  probation officer of his apprehension.
• Juvenile shall not be tried with other accused who is not juvenile.
• If any juvenile escapes from observation home or special home and is apprehended by police, no proceeding shall be instituted against the juvenile
• There are separate provisions of punishment for cruelty to juvenile which may extend from six months to three years and offences are cognizable.                      

                 

              

How sections of law are added in FIR ?

                           There are more than 150 local and special laws under which police investigates the cases but more than 90% of cases are registered under Indian Penal Code. After registration of case, police takes the help of Criminal  Procedure Code and Indian Evidence Act to investigate and prove his case in the court. At the time of registration of case sections of applicable law are applied . Investigation is done as per procedure given in the different sections of Criminal Procedure Code and evidence is collected as per provisions of  Indian Evidence Act. Let us discuss a case registered by police under different sections of Indian Penal Code and try to understand how sections of law are applied in the FIR. Very simple it is. Suppose a case is registered u/s 147, 148, 149, 323, 324, 325, 326 IPC. Above sections are added as :

• Information received in police station.
• Contents of complaint/information are analysed.
• FIR is registered and investigating officer is deputed by SHO or District SP .
• If five or more persons use criminal force are attack on other person with common object, section 147 of IPC is added in FIR.
• If  five or more persons are  armed with deadly weapon, section 148 of IPC  is added .
• Every member of unlawful assembly (five or more persons) is guilty of offence for which section 149 of IPC  is added.
• If any injury or hurt is caused  voluntarily or intentionally with blunt weapon (simple in nature)section 323 of IPC is added.
• If any injury is caused by sharp weapon (explained in earlier post) which is simple in nature (injuries are mentioned by Doctor in MLC), section 324 of IPC is added.
• If any  grievous injury is caused by blunt weapon, section 325 of IPC is added.
• If any grievous injury is caused by sharp or dangerous weapon, section 326 of IPC is added.

                  In this way, an FIR u/s 147,148,149,323,324,325,326 IPC is registered.For which evidence is collected to prove the case, investigation is completed and final report is sent to the court for trial of the case. In the same way, cases under other sections of law  are registered and Investigated.

Acid attacks, latest amendments in law

                              The acid throwing, also known as vitriol age  is the most vicious form of crime in the society. The acid melts the skin and even bones of the victim. Mostly Hydrochloric acid and sulfuric acid has been  used in acid attacks which is easily available in the market. There is a steep rise in cases of acid throwing in past few years and most of the victims are women. There was not any specific law in India to deal with such cases of acid attacks. The section 326 of the Indian Penal Code was not so effective in dealing with this heinous form of crime. The eighteenth law commission of India which was headed by Justice A.R. Lakshmanan proposed a new section 326A to be added in the Indian Penal Code and section 114B to be added in the Indian Evidence Act. The commission also proposed a new law for compensation to the victims of the acid attacks. 

                            On the basis of the recommendations of the Law Commission, the Government of India has added new sections of law in the  Criminal Law (amendment) Act, 2013 on acid attacks.  The following sections of the Indian Penal Code and Criminal Procedure Code have been amended and added :

Public servant disobeying directions under law : Whoever being a public servant :

• knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place for the purpose of investigation into any offence or any other matter or
•  knowingly disobeys, prejudice to any person, any other direction of the law regulating the manner in which he shall conduct such investigation or
• fails to record any information given to him u/s 154  CrPC in relation to offences punishable u/s 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376B, 376C, 376D, 376E or 509 of the Indian Penal Code shall be punished with punishment from six months to two years and fine (section 166A).

Punishment for non-treatment of the victim : Whoever being In charge of a hospital public or private whether run by Central Government, State Government, local bodies or any other contravenes provisions of sections 357C of the CrPC shall be punished with imprisonment up to one year or fine or both (section 166B).

Voluntarily causing grievous heart by use of acid etc. : Whoever causes permanent or partial damage to or deformity to  or burns or maims or disfigures or disable any part or parts of the body of the person or causes grievous heart by throwing acid or by administering acid to that person or by using any other means with the intention of causing or with the knowledge that he is likely to cause injury or hurt shall be punished with imprisonment from 10 years to life and with fine.

Provided that such fine shall be just and reasonable to meet the expenses of medical treatment of the victim and also any fine imposed shall be paid to the victim (section 326A).

Voluntarily throwing or attempting to throw acid : Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person or attempts to use by any other means with the intention of causing permanent or partial damage  or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person shall be punished with imprisonment from 5-7 years and fine (section 326B).

Amendment of section 154 CrPC : Proviso shall be inserted as if the is given by woman against whom an offence u/s 326A, 326B, 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D, 376E or 509 is alleged to have been committed or attempted such information shall be recorded by a woman officer and if victim is temporarily or permanently disabled, then information shall be recorded by a police officer at the residence of the person or at a place convenient to such person in the presence of interpreter or special educator as the case may be.The recording of such information shall be video graphed. The police officer shall get statement of the person recorded through Judicial Magistrate.

Compensation to the addition of fine : The compensation payable by the state government u/s 357A shall be in addition to the payment of fine u/s 326A or 376D of the Indian Penal Code (section 357B).

Treatment of Victims :All hospitals public or private whether run by Central Government, State Government, local bodies or any other person shall immediately provide the first aid or medical treatment, free of cost, to the victims of any offence u/s 326A, 376, 376A, 376B, 376C, 376D, 376E of the Indian Penal Code and shall immediately inform to the police of such incident (sections 357C).   

                         The Hon'ble Supreme Court of India has directed all the state governments and union-territories of India to frame rules to regulate sale of the acid and other corrosive substances and also increase the compensation amount.

         

Traffic signs

Telegraphic message/Telegram and the law

                             Telegram service was started  in 1850 on an experimental basis between Kolkata and Diamond Harbour  by the East India Company. The  service was made available to the public in the year 1854. Telegram service which was harbinger of good and bad news was closed on 14^th July 2013. The annual income from the service was about 75 Lakh  whereas expenditure was about Rs 100 Crore to manage the service. Due to this, Government of India decided to close the service. Resulting, the service was closed on 14^th July, 2013. A lot has been written on telegram service for the last 1-2 days about its closure, but we will mention some of the facts about telegram  and law related  to telegram which are  mentioned very little and not explained :

• The telegram service was owned by BSNL (Bhartiya Sanchar Nigam Limited).
• The service was run through postal department.
• BSNL was providing training to the employees of postal department to work as Telegraph-operator.
• The duration of training was 9 months.
• The trained employees were getting one extra increment to work as Telegraph-operator.
• Postal department was charging Rs 3.50 for first ten words and after that 50 paisa per word.
• The service was replaced from postal department 5-6 years ago and was replaced by e-post which is exclusively owned postal department.
• BSNL  was booking telegrams in its own selected offices through its own employees.
• The charges for telegram were increased to Rs 27 per ten words in the year 2011.
• Due to advancement of technology and huge financial loss, services has been closed.

Telegram and its relevance to law : The telegram was registered under Indian Evidence Act and was admissible in the court of law as evidence and was helpful in proving the case. The telegrams were booked under the provisions of the telegraph act, 1885.

Presumption as to telegraphic messages : The court may presume that a message, forwarded from a telegraph office to the person to whom such message is addressed , corresponds with a message delivered  for transmission at the office from which the message purports to be sent, but the court shall not make any presumption as to the person by whom such message was delivered for transmission. This provision of presumption is under section 88 of the Indian Evidence Act.

Documents exempted from production :  As per Army Act, 1950; if any document in custody of the postal or telegraph authorities is, is in the opinion of the District Magistrate, High court or Session Court, wanted for purpose of court martial, such magistrate may require the postal or telegraph authorities, as the case may be to deliver such document to such document as such court may direct.

                    If any such document is, wanted for such purpose, any magistrate or commissioner of police or district superintendent of police may require postal or telegraph authorities to cause search to be made pending orders of any District Magistrate or High Court or Session Court.

Alternate of the telegram and new provisions of law : Telegram was booked through post offices by postal department on behalf of the BSNL earlier. The was stopped by postal department about 5-6 years ago and new service namely e-post (electronic post) was started after the computerisation of the post offices and introduction of the Internet services in the post offices. The e-post is owned by postal department. For each e-post, postal department charges Rs 10 irrespective of the words. The new act namely Information and Technology act, 2005 has been introduced by the Government of India with the advent of Internet and computers and new amendments have been made in the Indian Evidence Act :

Presumption as to electronic messages : The court may presume that an electronic message, forwarded by the originator through  an electronic mail server to the addressee to whom the message is addressed corresponds with the message as fed into computer for transmission; but the court shall not make any presumption as to the person by whom such message was sent (section 88A).

Some other important amendments in Indian Evidence Act :

• Any information contained in an electronic record which is printed on a paper , stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document and be admissible in any proceeding , without  further proof or production of original as evidence(section 65B).
• The court shall presume that every electronic record for an agreement containing the digital signature of the parties was so concluded by affixing the digital signature of the parties(section 85A).
• In any proceeding involving a secure electronic record, court shall presume that record has not been altered in not proved otherwise (section 85B).
• The court shall presume, that the information in a digital signature is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.