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Bharatiya Nagarik Suraksha Sanhita, 2023

INTRODUCTION The Bharatiya Nagarik Suraksha Sanhita, 2023 ("Bill") was introduced in Lok Sabha on August 11, 2023.   If enacted, this Bill will repeal the Code of Criminal Procedure, 1973.  The Code provides for the procedure for arrest, prosecution, and bail for offences under various Acts including the Indian Penal Code, 1860.  The Bill retains most of the provisions of the Code.   This Bill has introduced strict deadlines for processes of inquiry, investigation and trial, allowing police custody for more than 15 days, conducting trial if the accused has absconded, trial in electronic mode etc. The Bill wants to normalize electronic communication, electronic evidence and electronic forms in investigation, inquiry and trial. KEY CHANGES IN THE BILL The following are the key changes which are introduced in the Bill:- 1. Signatures and finger impression- The Code allows a Metropolitan/Judicial Magistrate to order any person to provide signatures or handwriti...

The Bharatiya Sakshya Bill, 2023

INTRODUCTION The Bhartiya Sakshya Bill, 2023 was introduced in Lok Sabha on August 11, 2023.  After being enforced, it will repeal the Indian Evidence Act, 1872. The Act provides rules for the admissibility of evidence in legal proceedings. This Bill enhances the concept of electronic records admissible as evidence, and removes provisions related to telegraphic messages.  As per this Bill, the main aim is to consolidate and to provide for general rules and principles of evidence for a fair trial. The main reason for introducing this Bill is that the Indian Evidence Act, 1872 did not keep up with the social changes and advancements in technology in recent years. IMPORTANT CHANGES IN THE BILL The following are the key changes which are proposed in the Bill:- 1. There are two types of evidence known as documentary evidence and oral evidence. Documentary Evidence has included electronic records which have been printed or stored in a computer.  The Bill provides that electroni...

Corporate Governance in India

INTRODUCTION Corporate Governance (CG) is a framework of rules, regulations, practices and processes which are used to run a Company. A Company's board of directors is the primary force for influencing CG. CG covers the areas of environmental awareness, ethical behaviour, corporate strategy, compensation and risk management. The Indian Government introduced several regulations to provide for CG in India. CG can be found in Companies Act, 2013 and some SEBI regulations for the purpose of increasing the transparency and accountability in a company.  CORPORATE GOVERNANCE UNDER INDIAN LAWS The following are the laws which govern corporate governance in India:- 1. ICSI's (Institute of Company Secretaries of India) Secretarial Standards ICSI was created by Company Secretaries Act, 1980 for the purpose of regulating the profession of Company Secretaries in India. The following standards state as follows:- a. Secretarial Standard 1 prescribes principles for conducting meeting of Board ...

Corporate Social Responsibility- CSR Policy, Types, CSR Committee and Net Profit Computation

INTRODUCTION CSR is not a fixed concept but it is a ever changing concept. Different people have different interpretations and approaches to CSR based on goals and values. CSR is also influenced by demands of various shareholders, stakeholders, customers, employees, society etc.  CSR takes on different forms depending on the industry such as supporting social causes, donation to charities, volunteer work, involvement in various social work, creating value for the shareholders and customers. CSR represents a certain commitment for management of social, environmental and economic effects which should be in line with public expectations. This means that a company takes into consideration the effect of its actions and decisions on the environment and well-being and so it aims to operate in such a way that it does not harm the society or the environment. CSR POLICY A CSR Policy states the activities which are undertaken by a Company as per Schedule VII and the amount which is spent on t...

Corporate Social Responsibility under Companies Act, 2013 - Advantages and Disadvantages

 INTRODUCTION Corporate Social Responsibility ("CSR") was introduced under Companies Act, 2013 ("Act") to ensure that companies contribute towards the growth of society. CSR is a good moral responsibility of every entity but to be safe the Indian Government decided to mandate it by including it under the Act. The Act discusses necessary requirements, disclosure under CSR, modes for conducting CSR, CSR activities etc.  CSR is a concept wherein entities decide to contribute their earnings for the growth and development of society other than making profits. CSR includes the following but is not limited to:- 1. Projects or programs specified in Schedule VII in the Act. 2. Projects or programs undertaken by the Board of Directors to ensure the recommendation of CSR Committee of the Board as per CSR Policy of the company with the condition that such policy covers the subjects mentioned in Schedule VII. ELIGIBILITY UNDER COMPANIES ACT, 2013 Section 135(1) states that every...

Right to Information 2005- Effect of 2019 Amendment in this Act

Right to Information Act, 2005 was introduced in India as a fundamental right of a person to gain information from government bodies and it replaced Freedom of Information Act, 2002. Under this Act, a public authority has to disclose certain information upon the request of a person unless the public authority has some compelling reason of not doing so. RTI has decreased corruption and mismanagement by introducing transparency and accountability.  As per RTI Act, any Indian citizen can ask for information from any state/central office and such authority has to disclose such information within 30 days from the date of application. There is only one exception that the information sought from the government authority should not relate to defence, personal details or national security. The process for applying for RTI can be done online and offline. RTI India has an official website named " https://rtionline.gov.in/" wherein an online application can be filed by paying a nominal f...

Compliance related to Liaison/Representative Office of a Foreign Company in India

INTRODUCTION A representative office ("RO") is established by a legal entity to conduct marketing and other non-transactional operations generally in a foreign country where a branch office or subsidiary is not warranted. This office acts as a facilitator of trade between the foreign parent company and market in India and is not allowed to conduct any revenue generating business and operating cost must be sustained by inward remittances received from their foreign parent company. No minimum capital is required for setting up RO. ACTIVITIES PERMITTED FOR RO A RO will undertake the following activities in India:- 1. Representing the foreign parent company in India 2. Collecting market information about products to Indian customers. 3. Promoting collaborations between parent/group companies and companies in India. 4. Acting as a communication channel between parent company and parties in India. ELIGIBILITY  1. A beneficial track record of the past 3 years of the applicant comp...