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"Force Majeure" or "Act of God"

This standard clause present in most contracts, which is not commonly invoked, is in the minds of most corporates and commercial lawyers, as economic activities and commercial transactions world over have come to a standstill in the wake of COVID-19 pandemic.

In simple terms, 'Force Majeure' clause is a provision in a contract that exempts a party from performing his contractual obligations which have become impossible or impracticable due to an event or effect which the parties could not have foreseen or controlled. This clause is usually couched in general, inclusive terms to cover unforeseeable incidents such as natural calamities, war, sudden change of government policies etc.

It will be interesting to note that the Indian Contract Act, 1872 - the 148 year old law governing contracts in India - does not expressly refer to 'Force Majeure'.

However, there are two Sections which can become relevant in such situations - Section 32 and Section 56.

Section 32 deals with "contingent contracts", in which the performance of the contractual obligations is contingent on the happening or non-happening of an event. If the event becomes "impossible", the contract becomes "void" under this Section...

Rights of an Accused in Judicial Custody..

Right To Know The Grounds of Arrest: As per Section 50(1) of Cr.P.C., where a person arrested without warrant is entitled to know the full particulars of offence for which he is being arrested and where a person is arrested with warrant, he must be notified the particulars of such warrant, or even show such warrant if needed. Sec. 75 of Cr.P.C.

·Right to have Bail: Any person who is arrested without a warrant and is accused of a bailable offence has to be informed by the police officer that he is entitled to be released on bail on payment of the surety amount.

·Right to Be Taken before a Magistrate without Delay: Irrespective of the fact, that whether the arrest was made with or without a warrant, the person who is making such arrest has to bring the arrested person before a judicial officer without any unnecessary delay. By Sec 56 and 76 of the code, an accused has to be produced before a magistrate within the 24 hrs.

·Right to free, fair and speedy trial: As justice delayed is justice denied, the concept of speedy and expeditious trial was introduced by which the accused person is given fair and impartial justice quickly.

·Right to Consult a Legal Practitioner: This has been enshrined as a fundamental right in Article 22(1) of the Constitution of India, which cannot be denied in any case. Section 50(3) of the Code also lays down that the person against whom proceedings are initiated has a right to be defended by a pleader of his choice.

·Right of Free Legal Aid: A duty is imposed on all magistrates and courts to inform the indigent accused of his right to get free legal aid.It is clear that unless refused, failure to provide free legal aid to an indigent accused would vitiate the trial entailing setting aside of the conviction and sentence.

·Right to Be Examined by a Medical Practitioner: Section 54 of Cr.P.C. enumerates this right. If requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.

·Right to privacy and protection against unlawful searches: The police officials cannot violate the privacy of the accused on a mere presumption of an offence. The property of an accused cannot be searched by the police without a search warrant.

·Right to be present during trial: Section 273 of the Code provides that all evidence and statements must be recorded in presence of the accused or his criminal lawyer.

·Right to get Copies of Documents: The accused has the right to receive copies of all the documents filed by the prosecutor in relation to the case.

·Right to be present at the trial: The accused person has the right to be present during his trial and have testimony presented in front of him.

·Right to cross-examination: The accused has the right to be cross-examined by the prosecutor to prove his innocence.

Right to Appeal: The rights of arrested persons include the right to file an appeal against his conviction in a higher court.

·Right to Humane Treatment in Prison: The accused has a right to have all his human rights when in prison and be subjected to humane treatment by the prison authorities.