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Sir, make it full screen, sir. Start. Hello, sir. Yes. Hi, good morning, everyone. Uh, in the eighth lecture, uh, in the module four of financial management in healthcare, that is billing and putting systems, we have, uh, got some idea about the billing system when we were discussing about the revenue cycle management. In that, we have gone into the detail of nuances of coding and the very importance of billing. But in this, in this lecture, we will be further, uh, dealing with the coding system and what is the billing and what are the invoices and how are they important for all healthcare organizations of any level.

Previous last lecture, we have dealt with the funding models for healthcare institutions and various, uh, funding models across the world. We have touched upon and we also know that India, being a populous and complex, uh, country and vast country, we have a mixture of all the funding models for the healthcare institutions, especially the national, uh, healthcare free healthcare free insurance schemes like PMJAY or MJPJ in Maharashtra. We also seen the importance of digitization in DHM or National Digital Health Mission, and there are funding models for, uh, private, uh, healthcare institutions also, like PPP model or VC funds or pension funds and private investors. But there are certain problems or there are certain strings attached to those sort of investments for the funding of the private healthcare institutions as far as working cultures are concerned and working models are concerned. So we have to judge according to the needs and the needs of the scalability and what are your aims and objectives about your healthcare organization or your hospital.

So, key components are patient registrations and insurance verification, medical coding, charge capture, claim submission, payment processing and collections, and compliance and auditing. These are the key components. Many of these we have dealt, uh, in the revenue cycle management lecture, insurance, uh, registration and patient registration and the steps in, uh, registering a patient for insurance and following up the payments received for the receiving of the payments. But, uh, it is also, we also know that in the Indian context, there is a large amount of, large number of patients who pay out-of-pocket expenses for their medical related. It is a large method of payment by the patients in the Indian context. But even though OOP is a large or the largest component of payments received by the healthcare and payments paid by the patients, medical coding and bills and invoices are important concepts where we should know about that thing because many of the times what happens is, most of the times, there is a complaint of the medical bill, uh, because of various reasons. But if you know how to raise a medical bill or bill for the patient, those problems will be definitely reduced for that, uh, and there will be less amount of, less number of conflicts as far as billing is concerned.

So, billing and coding systems are essential for hospitals for revenue cycles, and they ensure accurate documentation, regulatory compliance, and timely reimbursement for the patients. Uh, for insurance patients, it is also important, but for not, not insurance patients and the patients who are paying out-of-pocket expenses, OOPs, it is also important to raise the correct bill. And for coding system, it is important if you are coming under JCI, that is International Standard, or NABH, that is standards, National Accreditation Board for Healthcare. These two systems and many others, if you want to get registered yourself for any of the insurance schemes or insurance, private or government insurance, you have to implement the coding systems. And there are certain coding systems which are prevalent in India, and those coding systems are mandated or standardized by the World Health Organization. And there currently, there are ICD-10 or ICD-11s are in practice or nomination of the various diseases or diagnosis you are putting into them.

Coding healthcare is a crucial process in translating patient diagnosis, treatment, and procedures into standardized alphanumeric codes. Uh, for example, ICD-10, CPT for insurance claims are ensuring providers get paid for the services and managing the patient's financial responsibility. They are also important if you are into research projects, if you are into any sort of clinical trial, and as we earlier mentioned, if you are under NABH and JCI standards. So there are coders who assign the codes from the medical records, and billers use those codes to create and submit claims to pay, insurers, and governments and direct payments, also making it a vital link for healthcare financial health. And apart from the financial health, definitely standardization makes it easier in case of medical-legal problems as well.

We often times hear about the two terms that is invoices and bills. They are used synonymously, but there are certain differences between the two. They are not the same. No harm in using invoice and bill. But this sort of problem comes when there are medical-legal issues or disputes. So, as a doctor, as a healthcare provider, we should know the difference between the invoice and the bill. Uh, this is a summary of differences between the invoices and bill. Bill is provided, uh, with limited details such as pricing and GST, etc. And invoices provide detailed information and therefore are legally binding. Bills are commonly used for paying for goods and services received instantly. So, a patient comes to your OPD, pays the, uh, amount for the OPD services, OPD fees, and he instantly or immediately gets a bill for that matter. And invoices can also be used for immediate transactions, but they are mostly used for the request of payment before a pre-approved date. So, we all know that we raise the invoices or your supplier raises the invoices of the medical supplies they have provided to your hospital, and according to those invoices, you pay them, pay them, and then they send you the bill. So, invoices are more detailed and they are raised, uh, for the request of payment, most of the times.

Oh, businesses or hospitals naturally talk about invoices, but your patient still may refer to this document as a bill. So, there is some overlapping in the invoices and bills, but whenever disputes come into play or medical-legal or legal issues are there, definitely you should know the differences between invoices and bills. Whenever there is a problem with the bill, remember that they are reviewing the transaction from a different perspective. So, these sort of things we should, we must know, uh, that between the differences between the invoices and the bill. And this is concerned not only with the patient, your supplier, or your suppliers also, but your suppliers more often times use invoice, invoice raising as a term, or you can say that you are sending gifts to the insurance company, whether they are government or private insurance companies. You are arranging an invoice against the services provided, and they are capturing all the details accordingly.

There are certain medical coding standards. So, reviewing clinical documentation and assigning codes for the condition and services. Their goal is accurate representation of patient care for reimbursement. And not only that, there are a number of benefits wherein if you, if the coding is applicable in your hospital setting, and it doesn't matter, matter that your hospital is of any size. Corporate hospitals definitely, uh, do coding systems, but whenever if you are into individual practice or your own hospital of any size of any branch, you must, uh, get well-versed with the coding system. And the currently ICD coding system is, uh, applicable in India. There are many CPDs, CPS, and all those systems are applicable, uh, in the western world or in USA because they are having an complex or government insurance systems, and there it is mandatory sort of thing for all the hospitals or healthcare providers there. But in India, it is not mandatory, but definitely it is desirable for all of us to get applicable, applicable ICD decoding systems for all of the services we are rendering and for the whenever you are, uh, keeping medical records department, and for the medical report department, it becomes very much easier in case of any problem. And these coding systems, there are apps available to find out the coding system. So, we have to percolate the coding system nuances from top-down order, that is highest management to the ground-level person who is working. They all, all should know the coding system. And you should conduct regular training programs, especially for the residents and staff nurses. They should know, they must know about the coding system, that is the ICD coding, International Classification of Diseases. It is maintained by the World Health Organization and is a global standard for putting health information, diagnosing diseases, and tracking mortality and morbidity. They are used for clinical management, research purposes, and especially it is important for us, apart from the clinical management, research purposes, for the disputes or medical-legal issues. It is important. The latest coding version is ICD-11, 2022. It is applicable standard medical data globally. So, we all know the digitization of the medical data and standardizing the medical data is a very much important thing for all of the research purposes, clinical management purposes, and disputes, if it arises. So, even if it is not mandatory to get applicable ICD coding for the, uh, hospital record maintaining, we should buy the thing of mandating ICD codes for each and every patient during the record keeping on your discharge card of the patients, discharge summaries of the patient, and their all medical records must be, when, if a patient is paying or insured or government insurance, whatever the patient is landing into your hospital, in your clinic, in each any specialty, ICD codes, you should, uh, see that they are applicable to all the patients so that it is very much important for you to deal with the situations if any arise.

So, various government insurance having coding systems apart from the ICD coding systems. There are codes for the treatment protocols, and there are exclusions and inclusions. So, Ayushman Bharat scheme, CGHS, ECHS, AMS, etc. There are codes for the treatment packages. And NABH, JCI accreditation needs, ICD codes in hospital record purposes. So, all there are different codes for the different systems of the insurance schemes apart from the ICD codes. So, ICD codes are for the diagnosis, and Ayushman Bharat scheme, CGHS, MJP, etc., codes are for the treatment packages. So, these are the two systems of coding we have to follow and we should apply. So, if there is a need of an explicit training of the coding systems to your all staff, not only the insurance desk people or the reception person or the billing person or billing clerk or accountant should know about the coding. Everyone has to be well-versed with these two sorts of coding systems in your hospital.

So, where there is an example of ICD-10 example like E10.21 representing Type 1 diabetes mellitus with diabetic nephropathy, that is kidney complications. So, ICD-10 uses three to seven characters, starting with a letter followed by numbers, and can be included more letters and numbers for greater specificity, detailing the condition, its complications, and encounter type. So, with this sort of simple code, writing any person seeing your medical record, medical reports department or file, judge, in the court of law, a lawyer, or any non-medical person seeing and comparing that code with the directory of the ICD codes, he will immediately know about the exact situation. And these are also in backlink with the medical literature or references for that matter. So, it is very much useful or safeguarding for you in case of disputes. So, example breakdown of E in the first character indicates the chapter, that is endocrine, nutrition, and metabolic disease. There are different things. This is just an example of the medical coding. 10 is the second and third character, specific Type 1 diabetes. Two is the fourth character, shows kidney complications, and one is the fifth character, that is further specific diabetic nephropathy, that example diabetic intercapillary glomerulosclerosis. So, the more examples like G44.311, acute post-traumatic headache and intractable, intractable headache is there. With this code, IM54.2 is cervicalgia, that is neck pain. K26.1 is acute ulcer perforation. So, and there are many examples we can use. And with the directory, if you start seeing, especially your junior doctors, junior residents must know about that thing. And we should, uh, improve the culture of seeing ICD codes for every patient and writing it down or mentioning it explicitly on the discharge cards and all the medical record or in the diagnosis and treatment of the patient.

As we earlier mentioned, apart from the ICD codes, there are codes, treatment protocol codes. Uh, uh, there we have used certain, some of the CGHS codes for consultation and papers. Here, like CN0 in consultation OPD. CN2 is consultation for inpatient. Or CN0 is consultation OPD for super specialty, psychiatric, etc. Are dressing wound with 250. There are dressing wound codes or suturing of wounds with local anesthesia. So, certain amount of money is depicted in front of those codes, and we know that we are going to get this much amount of money for that code particularly. So, you know the codes is that you will get more money for those treatment protocols. Aspiration of pleural effusion diagnostic will be 595 to 700 rupees, or pleural effusion therapeutic would be such a skin. So, there is an exhaustive list of procedures and things they have tried to do that, mention all these things in their coding system. And CGHS, why we are mentioning, I'm mentioning the CGHS codes are supposed to be the baseline for coding and or charge capturing for across the insurance sector, whether it is private insurance companies or government insurance companies. They take it as a baseline and accordingly they charge that thing, whether to apply more or less. And as a doctor, as a healthcare provider, we should know the way we know about the treatment protocols, our treatments, etc. We discuss amongst ourselves in our CMEs or meetings about the patient, uh, treatment protocols or enhancement of our knowledge as far as patient treatments are concerned. We also should start discussing about the charges of CGHS codes. There has to be, uh, CMEs or at least one session of the CME or big conference on the CGHS codes and their nuances at granular level and with the use cases example. If we start doing this thing, it will be helpful for all of us doctors, uh, as an baseline for the finance knowledge or financing knowledge of whatever the things, whatever the treatments you are giving it. Because right now, we, it is my observation, my experience, that often times consultants visit hospitals for the patients and they are not full-time consultants. They come, they treat patients, they go, and at the back end, you as an administrator, owner of the hospital, know that the treatment given is, is sufficient. But the charges capturing or charges which are there in that treatment protocol or that package are not sufficient to cope up with the, uh, inflation or medical inflation. There is no, uh, term applicable as far as medical inflation is concerned. If you see that in any case, last year the charges of your toothpaste were 10 rupees. So, this year there may be 5% or 10% increase in the charges of costing of that toothpaste or any sort of thing, food items for that matter. But if you see, uh, the things that in case of medical charges, if you see 10 years, like, uh, CGHS code list was updated in 2020, 20 or 2014, and after 10 years, that coding list, uh, is updated to that matter. And we doctors don't study this thing. And definitely, why I'm stressing it, CGHS is good list is the baseline for all of the charges across the spectrum of the insurance companies, whether they are insurance. So, we should study hard on the CGHS codes or for that matter, you must, before signing any insurance document, uh, with the private insurer companies or the, uh, government insurance company, you should study the red lists of that provided by that insurance company.

Prices are listed for both the NABH, NAB, and non-NABH and non-NABL facilities. There are validity of, uh, for the rates applicable, and there are different rates for the Tier 2 metro cities, Tier 1 cities, and Tier 3 cities. Be access on the CGHS official websites in the various PDF formats. Download that, this list and just have a look at this thing, whether you are up, whether you are into CGHS or not, or you are in the private insurance, or all of your patients are paid patients, but for the sake of knowledge, for the sake of knowledge, you must go through the, uh, codes and list of all these things, apart from the ICD codes, definitely. And the irony is that there are different rates applicable to the metros, Tier 2 cities, in the government insurance. If you, you get 100% reimbursement or 90% or 70% or 80% reimbursement, and because of the pressures, various pressures, competition, you accept those rates. But the thing, irony is that the outcome of the patient has to be served, whether you are treating with the 100% of your reimbursement or 70% of the reimbursement charges or 80%. The outcome has to be positive for each and every patient. You cannot say that I'm getting 70% of the charges and I will not use these sort of medicines. No, it is not like that. Outcome has to be same. And as a doctor, we propagate that thing, the outcome, optimum or positive outcome for the patient. We all know that we should know that, but that of the back of the mind, this financial literacy has to be there. And it will not come easily amongst all of our doctors. Often times, whenever I speak with the doctors, I interact with the doctors, we don't, of the doctors don't see these things or they don't know or they don't bother. And again and again, I will be emphasizing that whether you are having an insurance patient of any time or not, but you must study the charging pattern by the insurance company, government insurance companies, and private insurance companies as well. That is the most important emphasizing point by me. ESIC procedure code list is there for the secondary care and super specialty care or entry-level NABH and full NABH have got 10% and 15% more rates. MJP, Pradhan Mantri Jan Arogya Yojana, codes and charges list is there, and the charges list and the number of diseases list is also there or treatment pro or treatment list are there with inclusions and exclusions. So, uh, there are different login portals for empanelled hospitals. We have to check the credential. We have visited this sort of, this steps during our revenue cycle management lecture. Then there are relevant codes for that thing. There has to be entry authorization. Preparation of the bill, billing has to be done with the relevant clinical and non-clinical details. Submission of the bills is there. There are non-compliance or queries raised by the insurance companies. You have to answer those. You have to submit relevant clinical details or clinical evidences for that team, and you have to fight to get your bills as well in time. So, you have to have a separate system wherein they capture all the details submitted, follow up. So, that is an important part for the revenue cycle management and peace of mind as far as financial health of your hospital is concerned.

So, there are differences between medical coding and medical billing. Converts medical reports into standardized codes. There are different code sets are there. Um, and the goal is to translate clinical documentation into codes for billing and research purposes and medical-legal purposes. So, precision in capturing the medical encounter is also the goal for medical coding. So, medical billing is purpose, uses codes to create claims, submit to insurers, and manage payments. Uh, uh, that the task includes submitting claims to the insurance and posting the payments and the insurer providers to get paid, keep the revenue flowing, and focus revenue is the generation, focus is on the revenue generation and financial analytics. So, coding is translating medical terminology, and billers are driving revenue generation in the healthcare landscape. Often times, uh, these two sorts of coders and billers, sort of employees are not there with us. Mainly billing is done in medical, in Indian context, in our hospitals, by the residents or junior doctors or by the staff nurses or residents, whether they are PG residents or RMO. They do mostly the coding system. But as a hospital owner, as a consultant, it is your duty to ensure coding is done properly because billing directly affects our financial health. So, we often times keep an eye on the billing, but coding, we tend to not forget into that from the most of the times.

Then, this figure is depicting medical billing and collection cycle. That is scheduling or registration, insurance verification, coding and charges capture, medical records, claim submission and billing, patient payment collection, and payment premiums. So, this cycle we have seen in detail at each step. There are updates and means of the revenue cycle management. We have seen those things. Even if you are not attached to the government or private insurance schemes and all patients of yours, because of various reasons, they are very patients, coding is important. That is what I'm going, I will be stressing. And looking at the charging pattern by the government and private insurance companies and their packages, one should have an eye upon that front. Best, you are urged to study the bills and the coding systems, and not only the ICD coding systems, but codes of the various treatment packages. Study and present those in your respective conferences, whether you are surgeon, physician, anotherologist, anyone if you are working, study those and put that perspective in that your presentation, that your branch perspective has to be there so that a large number of doctors will get updated about the nuances of the medical packages and charging pattern. And these sort of interactions will definitely help our fraternity or your specialty to whenever you are dealing with the, because you have to consider that insurance companies and all the other companies like CGHS, ECHS, there are MBBS sitting over there, are non-medical persons sitting over there, and they are dictating charges to you. They are dictating the treatment protocols to you, and you have to comply with those things, and you are not studying the terms and conditions of the insurance companies. That is some sort of or achieve the studying is there. So, my, I will urge all of you to go into the details and try to understand the challenging pattern of at least of your fraternity, surgical fraternity, medical fraternity, urology, super specialty fraternity, cardiology, whatever specialty you are working, try to understand the charging patterns by all insurance companies. That would be helpful for all of.

Coming to the medical billing, we already seen the differences between the medical billing and the invoices. So, medical billing, what is it? Using assigned codes to create and send claims to the insurance company, then following up on the payment. Even if you are not having an insurance patient, you have to generate a bill for any patient who has taken a treatment in your hospital. If you are not going into the giving bills to the patient, it may create problems in the long run because many of the time smaller hospitals don't tend to give detailed billing or printed bills or printed invoices to the patients. That practice of not giving bill or katcha bill or temporary bill or handwritten bill giving may be detrimental for you for some time, for some at at any point of time, as far as income tax authorities concerned, tax authorities concerned, GST authorities concerned, or any medical legal matters for that matter also. So, try to understand the nuances that giving bill to the patient whenever you are rendering a service is must. If you are refunding amount to the patient because of taking deposit of the patient, so all these details has to be mentioned on that that bill and keeping record, giving record to the patient and keeping record with you of the medical bills will be helpful for all of us. So, key goal is to ensuring provider receives timely payment for the services rendered. Apart from the, uh, mentioned coding comes first. Coders translate what into codes, that is diagnosis and procedures. Billing followers, biller or billing clerk uses those codes to create the financial request, that is the bill and claim, and they work together in the revenue cycle with coders providing the data, billers. Why it matters for reimbursement? Definitely, without correct coding and doing, we don't get paid. Patient should understand the bill. Help patient to understand their bills and insurance coverage, or whether your patient is insured or not insured. But patient must understand their bills because often times we see that there are, there are many disputes arising from the billing or opaque billing, and discussions of opaque billing for the hospital and being going on, and often times taking money from the or billing the patient is considered as a sin as far as the social, uh, thing is concerned. So, we should be more cautious about the bills or giving the bills to the each and every patient. And, uh, there has to be a system like you, whenever you treat patient, before treating patient, before doing any procedure on the patient, you take consent, try to tell them everything in their own words, the patient, their relatives, about the treatments you are offering, offering, or you take a meeting with the patient, apart from the legal consent, and tell them or discuss them about the predicting protocols, interact with the patient. So, same thing, we have to make a system of getting underselling details of the billing to the patients. And definitely, that will be a transparency in the billing pattern will be and boost for all of us to remove the opaqueness, the so-called opaqueness of the medical billing or overcharging claims by the various agencies, by the government, by the patients, that will definitely get reduced. If you tell patient or explain the bills to the patient, and whether patient wants the explanation or not, you have to tell them by claiming that, and take it may be possible they can create a system like you take a consent of the patient for the medical treatment. He can also take a consent of the patients and that he or she, that or that relative has understood the billing and they, whatever the things you have written in that bill, and they are, there will be no confusion regarding the billing.

So, growing in flexible field with high demand, offering requiring certificates like CPC, Certified Professional Coders are there. But in India, uh, there is, uh, there are no coders as we already mentioned. So, this medical billing is important. So, key elements in the medical billing, understanding the elements can significantly improve efficiency, accuracy, and ultimately your practice's bottom line. So, accurate patient information has to be written, ensuring all patient information is collected. Clear documentation has to be there. Efficient coding has to be there. On-time claim submission has to be there. Regular edits and compliances has to be there. So, uh, key parts would be the header section, patient information, services and charges, multi-medications and supplies, summary of the charges, patient information, and additional information if any, that is how payment is, a patient is directly paying to you. How payment is, what number of, or payment should you like credit card or UPI charges, UPI you are collecting, and all these sort of information, the hospital bill has to be done. So, hospital bill format, a structured layout that shows the detailed services provided to the patient along with their cost. So, uh, in your hospital, even if you are not the owner or you are not running the hospital, go through the billing of your hospital and try to understand the nuances of the billing so that next time, like you are ready with the clinical information or clinical explanations to your patients. Next time, even if you are working or doing service in a private or government or any hospital or corporate hospital, of the billing, you can explain to the patient the nuances of the billing so that there will be less opacity and there will be less misunderstanding between the patients and you because you are ready for the clinical detail, telling the clinical detail or explaining the treatment, more of their outcomes, what are you going before and after the, uh, treating the patient. So, you must be financially aware or financially literate, per se, and medical understanding, medical being yourself as a treating doctor is part of the financial literacy, per se.

Why clinic hospital bill clarity is important? In transparency, as we are discussing, it shows clear breakdown of the charges, helping patients see what they are paying for. With the transparency and definitely a trust is created. Clear bill, trust between the hospitals and the patients, or rather, if you are working in a big hospital, your trust is also at stake because a large hospital like 300-bed, 500-bed corporate hospitals are there, and someone else is managing the hospital, and you are just an employee there of that hospital as a consultant at whatever level you are a consultant in at hospital, but the patient is trusting you as a treating physician, treating surgeon. And transparency to build the trust with the patient. The way you are building trust with your patient in the medical terms or medical treatment, you must build the trust with the patient as far as billing is concerned. And for that, you have to study the bills. If you study the handed bills of your hospital, at least for your department, you will come to know. So, easy to read bills make administrative tasks quicker, and of course, the understanding by the patient is there. And there is an legal campaign, compete compliance with the healthcare law or income tax law are definitely all the other law pertaining to the healthcare industry. Legal compliance is there with the clear hospital bill.

So, best billing practices are accuracy and clarity. So, double-check the details. Always double-check patient information, service description, and cost. Use simple language. Avoid medical jargon and use simple language to describe services and charges. Highlight important information. Use bold italics to highlight the important information such as number of amount due, payment due date, or payments or treatment given or patient's conditions. You can write it down. Provide contact information of the billing for the billing inquiry. Many of times what happens is that patient will in a hurry, you are discharged, and patient goes to the other hospital, but they don't see the billing, and later on they will come to you and try to understand the billing of your hospital or your department. So, you have to take care of that thing that later on also, if you, patient after discharge also, patient comes to you for explanation, you should be ready to these things. And add explanatory note, explain any complex charges or procedures. You have to write it down. So, simplifying the billing process, use electronic billing system is a must. And nowadays, almost all of us are using electronic billing system. Definitely, there are software, hospital management, HMISD is there, and they capture the charges from the different departments in real time, and patient will have generated. So, for this, you have to regularly train the staff, that ensuring billing staff receive regular training and procedures and about the software. Simplifying billing course is a must, and communication with the patients before patient landed into your hospital. You must give a clear-cut idea about the billing, and all things has to be in there. So, there has to be a header section like hospital name, logo, or hospital address, contact information, full address, phone number, email, website, billing date of issuing, and nowadays timing is also important on the billing date as well as time, like such and such time. And the person who has generated that bill is also important. Then, there has to be patient information, full name, patient, patient ID, U ID if they with your hospital, with the hospital information, HMI, admission date and time, discharge date and timing, doctor's name, attending doctor's name. Item list of service and charges has to be there. Detailed breakdown of all services and charges has to be there. A description of the clear description of each service you should give that. The quantity of services, like the number of rounds, are the total cost of these services. And the important thing would be, many of times orally people need to give the discounts to the patients. I mean, in larger hospitals, it happens that there has to be a definite hierarchy about the offering discounts to the patients and whom you honor and what are the systems of discounts to the patient has to be decided, and there has to be a policy for that thing. And a medication is a big conflict of interest with the patients. So, we should be more careful about the quantity, cost per, total cost, discounts on the medication. The summary of the charges has to be done for the itemized charges, taxes if any, discounts as we are discussing, and amount due. Before they sometimes we take up deposit from the patient. So, deduction of the properly, deduction of the deposit has to be there. And payment method accepted, list of all accepted payment methods, cash, credit, debit cards, online payment, etc., has to be done there. There has to be a policy for that thing. So, billing department contact numbers has to be there. So, you have to take utmost care while medications because many of times what happens is that various types of medications are available, drugs are available. Different companies, different pharma companies have gotten different number of charging pattern for that medication. So, there are big disputes going on as far as charging pattern concern. This is a typical bill of a hospital bill. Bill number, bill date, name of the patient, address, everything has to be there. Billing rates are there, total room rent services are there, total ICU charges, total professional fees, we can mention. So, there are different billing patterns or different hospitals use a different billing ping formats. But at, at the end, we can say that transparency is the most important thing. When treating doctor, we all should know about the charging multiplicity of the code packages is there, multiple platforms, you have to do automation and AI integrated EHR systems, analytic dashboards, until your billing is also important. As a doctor, the take home is that whether you are directly into billing or not, you must know the billing. And it is your duty, as you are telling patient or explaining patient their medical conditions, treatment protocols, and outcomes of the treatment. It is your duty, whether you are directly involving to billing or not. It is your duty to know the nuances of the billing of the patient of your treating. So, thank you very much. Next lecture will be on the insurance and reimbursement policies. Thank you very much. I'll stop here.

Hello. H Thank you. Thank you, sir. Thank you so much, sir. Good morning, sir. Hello, sir. Good morning, sir. Good morning. Now, you start, sir. Okay. So, thank you very much. Many are there in the platform. Today, we will go for a separate topic known as constitutional remedies, and there is one heading known as jurisdiction of the judiciary, Supreme Court. So, today we will try to take that one. Uh, first, I will go for slides, maximize. This is Yes, sir. Okay, visible. Thank you very much. How it is moving? Okay, limit. Thank you. Constitutional remedies under the constitution is the topic 940. So, is it audible? My voice is audible. Please, sir, one of you can respond. Yes, sir, you are audible. Thank you. Thank you. So, we have two important chapters in the constitution or parts, you can say, part three, part four of the constitution. I have mentioned in my earlier class also. This is one important part. Part three, known as Fundamental Rights part. Next one is also Directive Principles, part four. These two chapters put together, parts, can be considered the essence of the constitution or cracks of the constitution. I have mentioned many times also, because of these two items, constitution has gained such a prominence in the world, Indian constitution especially. What is the reason? Two aspects, our forefathers specifically, they wanted to give more freedom to the people and protect through the constitution also. So, that's why they are named as Fundamental Rights, put in the chapter, part four, third of the constitution, and giving many items elaborately, right from Article 12 to 35 of the constitution. This part is known as Fundamental Rights. These fund, these fundamental rights divide into six categories, important. Now, I am not giving anything. I'm just giving a general information to you about the importance of this particular chapter. And basing on the nature of the fundamental rights guaranteed to the citizen in this part, they are again divided into six divisions or classifications. Right to equality. Right against exploitation, right to freedoms, religious freedoms of the citizens, minority rights of the citizens, and finally, right to constitutional remedies. These three, six headings they have mentioned. Equality. Everybody must be treated equally. Freedoms, Article 19, especially, it is giving many, many freedoms. Freedom to move, reside, propagate, and participate, discuss all these items. Freedom against the exploitation. Right against exploitation on labor, other items. Religious freedoms, Article 25, 26, 27, 28 of the constitution, four separate articles provided in the constitution. Right against the rights of the citizens of the country. Though ours is a secular state, no religion can be considered as a state religion. All religions are equal. So, that's why if anything, any political party doing in the name of religion, and it is against the basic feature, and they can be cut. And at the same time, freedoms are provided on the basis of Article 25, 26, 27, 28 of the constitution. Establish the religious and minorities, as I mentioned, minorities are common everywhere. In any country, there are blacks, there are whites, there are certain persons, backwards like. And now, basing on the religion, script, other items, they exist, and they are considered as minorities. Their rights must be recognized in any constitution, including our Indian constitution. So, that's why two articles here marked here, one is Article 29 and 30, release protection of the religious interest of the people. They can establish realization. They can run, and again, they can administer those affairs also. And the last one is right to constitutional remedies. This is more important, and this is starting with 32, 33, 34, 35, like that. But the most important article is Article 32 of the constitution. This is known as a right to constitutional remedies. And this article is very important because fundamental rights became more prominent for one reason that not only they are providing part three of the constitution, they are also provided with a mechanism of judicial approach. That mechanism known as jurisdiction, or that mechanism is the right of a citizen to proceed to Supreme Court and challenge it. Because this particular article of the constitutional remedy provided under Article 32 of the constitution as a fundamental right, here under the fundamental rights chapter, right to proceed to the Supreme Court is a fundamental right. That itself is a fundamental right. And this article is a very, very prominent. State is prohibited to touch all these fundamental rights on the basis of Article 13, on the basis of Article 32 also. I have already mentioned that there was a discussion about this article, and Ambedkar himself has given more emphasis to this particular. Because because of this Article 32, all other freedoms guaranteed from Article 14 to 30, just I mentioned, all these divisions of freedoms or rights, fundamental rights, they are being guaranteed, and they made a justiciable right. Because whenever any of this fundamental right is violated, disturbed to the citizen, one can go to the Supreme Court. That is the remedy provided here. That's why this remedy is a very, very larger remedy. This is otherwise called as a rich remedy, a speedier remedy, royal remedy, or quick remedy, because fundamentals are so sacrosanct, and when they are disturbed, when they are disturbed, immediate remedy must be provided. I will give an example, as I mentioned earlier. If my property is taken away, somebody, I am an owner of one acre land which costs even close of rupees, take for example, somebody unlawfully occupied and overthrown me and disposes me, and it is a violation of my property right, okay, guaranteed the transfer of property or the right. So, I am not allowed to go to Supreme Court directly. So, if my property worth of more than 1 disturbed by somebody and unlawfully occupied, even though it is a, I am depriving my property, I don't have any approach to reach the Supreme Court directly. I will be asked to go only to the lower court where your property is situated, where the disturbance is there, where courts are constituted for that one, sub-court, a local court. First, I have to file there, exhaust my remedy, and then only I can go to the other courts. That's why here, even course of worth of rupees property involved in any dispute, a personal property right, and one has to go to lower court, exhaustive remedy, lawyer court, wait for that one, go to again sub-court, from there to district court, from the district court to I, Supreme Court. These are stages. And if a civil case is filed, property case, it cannot be settled finally by the time you want to challenge it before Supreme Court, it may take even 25, 30 years. That is the situation. And why am I here? Course of this, what of properties taken away, disturbed, I am not allowed to Supreme Court. Suppose my freedom of speech and expression. Now I am talking to you. I am talking and now in a class, or somebody may say that what nonsense you are talking like that, you can stop me. So, when you stop me talking this one, it is a violation of my fundamental guaranteed under Article 21 of the constitution or 19(1)(a) of the constitution. So, when you disturb my fundamental here, I can straight away go to the lower court here. Now we have luckily, Ahmedabad division bench, and now I can file a petition, say that I can challenge it. I will get an immediate relief within a day or two. Now, give reason why you disturb like this. If reason is not proper, and now I will get back my right. So, what is the difference? My simple right to speak is disturbed, I am allowed to go to the Supreme Court. But whereas my work, larger worth of property right is violated, I am not allowed to go. So, that's why, so fundamental is such an important right, and this right must be remedy must be done quickly, sharply. That's why this remedy is we got this one from British, and it is considered as a royal remedy, and by an order of the court, and immediately your rights will be resumed, quick remedy. And now this we will get on the basis of Article 32 of the constitution. So, if 32 is not there, you cannot challenge the fundamental rights. And similar article, there is one more article in the sixth part of the constitution, that is Article 226 of the constitution. Similar, whenever you want to go to High Court, I can go. Now I went to, I am going to court, then I am going. If I go to Ahmedabad court, I will go under Article 226. If you want to go to Delhi and file a petition for my fundamental, I can go to Supreme Court and challenge also. There is no, so Supreme Court generally will not entertain any petition if it is a fundamental violation of fundamental, it will entertain. So, now you see the remedy, speedier remedy provided here. So, that's why this is considered fundamental rights are protected so largely here. And this particular chapter is considered essence to the constitution to protect all the liberties because our forefathers, as the framers of the constitution, they did not enjoy much rights, or their forefathers also did not enjoy much rights during the British rule. They were deprived, they were crushed like anything, they were prohibited to enjoy all the liberties. And now, having seen this situation, they wanted to give framers, our great-grandfathers who gave this constitution, they wanted to give more liberties to the people of the country. That is why fundamental rights have provided a stronger remedy provided through Article 32 of the constitution. That is why when Article 32 was provided therein, and there was a hectic discussion in the constituent assembly, Dr. B.R. Ambedkar has mentioned in the assembly stating that I have mentioned already that if I were asked one article which is very important in the constitution, he said that I will say without hesitation, it is this Article 32, which is the crux of the constitution. And he has mentioned that one because of the larger jurisdiction provided in Article 32(2), basing on which all the fundamental rights are protected. This is what you have to consider. I want to give an introduction. So, coming to the those rich jurisdiction contents here are introduction, kinds of writs, principles related to those writs, conditions necessary for application, cases on the writs, and conclusion. This is what Dr. B.R. Ambedkar has mentioned in the constituent assembly about the importance of Article 32.

Why is this more important? This is important because you will get a speed remedy. Public law review is there because this right is normally available to all citizens. Serious for the cast to create. If you are a citizen of the country, you will enjoy, and the public will enjoy that can be removed when it is violated. That is the scope of Article 32 and the scope of Article 226. So, 32 gets the Supreme Court jurisdiction power. Uh, 226 will give power to the High Courts. And now both can exercise this. Both are also having sometime parallel jurisdiction. If you want to go to the Supreme Court, go to the Supreme Court. If you find it difficult to go to the Supreme Court, you can go to the local High Court also. If you go to the local court, you can file. So, at least that I will come. These are some of the aspects you have to consider. Parliament's power to confer system on any institution, 32 plus 3. So, having said this one about the judicial Supreme Court, there is one more provision in 32 clause 3, which gives that if Parliament feels this power is not sufficient, it can give more powers also. It can enhance super conquer jurisdiction. This is, this is more important because there is no restriction that you must go always to the High Court, always go to the Supreme Court. It is a convenience of the person. That's why both are having a concurrence and simultaneously can exercise. If you go to the High Court, you need not go to the superior court. If you go to the Supreme Court, you can avoid the High Court. That's what it says. And if you see by 2025, according to the information, 30,000 applications are pending. Forget about the disposal cases pending before the Supreme Court. You can imagine how this particular remedy provided here is working for the benefit of the people of the country. Some measures are also provided on the case, the issues of the case of PM Kumar Munal Corporation there of 1981. Here we need to pay attention regarding two writs. One is judicial, Article 32. One is judicial, Article 226. One confers Supreme Court, another to the court. The difference here is, I will give both. I have already mentioned you can go simultaneously. Both items, sense, either you can go to a court, you can go to the Supreme Court. It is leaving to the public convenience of the person whose fundamental right is violated. That's why the speed remedy is provided. 32 applies only for violation of fundamental right. Itself is a fundamental right. It applies for violation of fundamental rights. 226 article provided for the IT jurisdiction. It is a wider than Article 32 because under this article, you can go for violation of fundamental right and violation of other constitutional right also. That is, that's why 226 is having a larger jurisdiction compared to 32. 32 itself is a fundamental right and 226 is not a fundamental right. It is an ordinary right. Even for violation of fundamental rights, you can challenge ordinary right, constitutional right, and it is substantial as well as a procedural right. Now you have a right to challenge before the Supreme Court. You can go to approach, and the Supreme Court will entertain. It will follow the procedure required for them. And here, whenever cases are there, now when finally given to the High Court, that is not final. Again, this case can go to before the Supreme Court, even relating to fundamental rights. 32, why it is important? Because 32 itself is a basic feature to the Constitution. If you see the Golaknath case, other nations where in Golaknath case, Supreme Court has mentioned that Parliament has a power to amend any part of the Constitution except the fundamental rights. This is why, and at the time, now even though it was not recognized at the time, but it is considered now as a basic feature to the Constitution. But as 226 is not a basic feature, even it is an ordinary right, even then it is important. These are some of the differences. 2 or 226 similar because both are intended to oppose the IO Supreme Court for violation of the fundamental rights. Both are having a concurrent list. Both are intended to protect the citizens' rights. Both articles are conferring the power to the respective courts to entertain the petition. Still, these are some of the differences relating to right to jurisdiction. That's what this slide indicates. So, okay friends, now the question is, what are the writs that can be entertained by the Supreme Court? I, these are the writs: one is Habeas Corpus, Mandamus, Quo Warranto, Prohibition, and Certiorari. And whenever anybody's fundamental right is violated, you can approach both the courts, Supreme Court, High Court, on different articles. So, whenever you want to challenge it, after challenging the violation of your fundamental right before these two courts, you have to mention, "This is my fundamental right violated, kindly issue so and so writ to me." Suppose, basing on the nature of your fundamental right is violated, you can seek an appropriate writ from the respective court, Supreme Court, and you have to suggest, "This is my right so violated, and this I request to issue Habeas Corpus, I request to issue Mandamus, I request for Quo Warranto or Prohibition." So, this has to be specified by the person who is challenging also. Anyone has to go to your advocate. Advocate will decide that which writ is appropriate to you, basically on that one. One has to mention before the Supreme Court, and definitely you can seek a remedy as quickly as provided your fundamental right is really violated. That's what it says. So, what are these aspects? And you may be knowing something about this one, but here I will just give the meaning of these items, then we will go to the individual items in our next classes. Habeas Corpus is a very, very important right. Our personal liberty is always protected on the basis of this particular writ. If any person's liberty is restricted or kidnapped or detained or imprisoned somewhere, in the sense, confined wrongfully, confining some person. Sometimes he may be confined somewhere and without knowing where he is, or so. If that is the case, once somebody is not available or arrested by somebody and keeping somewhere, maybe a private individual, it may be public also, government also, sometime. So, when such is the situation, anybody has a relative or friend can go and he can approach the court or so and so person of my relative or my friend. It need not be a relative. Anybody can be for. So and so, we got an information stating that and so and so person is detained or kidnapped, other item, and releasing immediately. So, if you want to file this, because it's a violation of the person's liberty granted to him under Article 21, and he can seek that also. Prohibition and a number of other rights are also restricted, mainly Article 21. Then you can challenge it and ask the court, I go to the Supreme Court, kindly release him as quickly as possible. Then the court, after taking all the information, registering the case, then they will inform the concerned authority, "I came to know that so and so person is, you have detained so and so person. Release him immediately." And if he's not releasing, give reasons why you have detained. Suppose we have a justification for detaining him, you can do so under any law. If you don't have justification, you must relieve him immediately. This is what this is. No, Habeas Corpus is for immediate remedy. Have the body. The meaning is, have the body.

Mandamus is another type of writ where when there is a public office vested with a public duty, governmental offices, and there is a duty to perform, and anybody is not performing that duty, and you can challenge him. It is a violation of your right here and now. So, and so person has not discharged, and you can request the court to issue a direction to that man, "Kindly issue like that." Mostly there must be a public officer. Suppose one driving license you applied for, or medical certificate, once medical, you want to start a medical shop and you want to get a medical certificate, and now there is another medical officer who has to issue. So, sides of license has to issue a particular authority when you are qualified and informing everything, when they are not issuing anything, then you can challenge it. And I have a right to get this so and so item, and that is not given up, and so and so person is not paying any attention. It is a violation of my right. You can challenge, and the government, the court will question him, and you are vested with duty, you are bound to do this, you have not done. And this is an area where every public officer, maybe the District Collector, public officer, Municipal Commissioner, others, or anybody who is vested with some power, when you are not discharging that power properly, holding a public position, vested with a public duty, when the public approaches to you, when you are not responding for that one, and when any person is in writing approaching to you, and when you deny that one, you have to give the justifiable reason. Suppose if you give a reason, "Because of so and so reason, I did not respond to him, I did not give, I have a right to detain or something like that." No, we have to answer. Suppose Gandhi pass detail, and they have given a reason that it was being questioned. Now, whenever you are not doing anything, you must say, "Because of so and so, you have not done." So that's why this is known as Mandamus. So, by this petition filed by the person violating before High Court, Supreme Court, Supreme Court insists the other person, "I am commanding you, Mandamus means commanding you. You give reason why you are not helped him, why you are not responding to our request made by the superior. You being a public person, it's not a private, it is not a personal, it is a public one." That's why there are many, many incidences where how many public officers are holding a position in the state and the union, and know this particular district with help, and it acts as a caution or a threat, or we can take it as that, and molding all these officers come into the particular room and help to the really needy persons basing on this one. There are many. I will put.

Who are you? Quo Warranto. This is another peculiar situation where when there is a person holding a public office, and that person might have held that public office without any jurisdiction or power or authority, also without any qualification also. If any person holding the public office, appointed by through mechanism also, but basing on the appointment, other items, and whenever anybody is observing that so and so person is not holding that position properly, if the selection is not proper, he doesn't have any right, but still he is co-hoping that keeping that one. When any person holding a power, even by any appointment which is which is not proper, then anybody can question. "Tell me under what authority you are holding that position." So that is a Quo Warranto. There are many, many instances, even the Prime Minister holding the position of Prime Minister was also challenged. I will come to this one in the next press. And Quo Warranto. So there may be selection where now the selection committee might have selected a person who is not qualified, even by notice and without without notice and with notice also. When somebody is there who is also competed to that, which he did not get, or some other person who is not connected to that, when he observes that and this person is holding a position without any authority, anybody can challenge. "I know it is a violation of right." Then the court will issue, "Show me under what authority you are holding that position."

And lastly, there are two important writs. Please. These three are commonly a general writ. Whenever any of your fundamental rights is violated, mostly except the procedural writs, any of the fundamental guaranteed Article 14 to 301 of the 30th of the Constitution, and you can say that is a violation of fundamental right, and you can seek an appropriate remedy here. Generally, other two are also considered. It is related to adjudication, but these two are considered as judicial writs. This is only related to the procedure and aspect decision of one judicial. Once you approach the court, once you file a case, and that you feel that that court is not properly, procedure is not followed, opportunity is not given to you, it did not work properly, and sometimes the court is also prejudiced towards you. Then you can always challenge the procedure that is adopted and worked, and decision is given to you, and this is procedural irregularity. Then you can challenge before the High Court. Generally, this can go only for the High Court. So, when you are not happy with the decision of the lower court, you can approach to the higher court, Supreme Court, High Court, stating that "I am not happy with that, kindly help me." Then the High Court will interfere here. Suppose if the High Court, basing on the facts given to you, relates the case which you are not happy, the High Court will take that petition, and the High Court will observe. First, it will prohibit the further proceedings which are pending before the lower court. So, when the High Court gives a direction to the lower court stating that "I am prohibiting to proceed because of reasons so and so." This is a Prohibition. Sometime the same High Court, when the petition is filed like that, it may say that "Kindly send all the records of that particular case. I want to verify personally." High Court wants to verify personally and to read which principles you followed, procedure followed, natural justice, other items, and all that procedure irregularity, whatever there, it will verify, and now High Court wants to certify that whether it is correct or not. When the High Court issues this direction to the lower court, this is known as Certiorari. These two are considered judicial writs, which means one higher court always issues directions to only the lower court, once prohibiting further proceedings, it is a Prohibition, or give all the records for my verification, and it is Certiorari. So, these are the two are considered as adjudication writs because this is a writ which can be filed before High Court, and High Court only always issues to the lower court. These two writs, all other writs, they are individual private writs. Private individual will come and file a case, and it can be for the government, can be private individuals also. Other three needs, whereas Prohibition says private individual who is now filed a case and proceedings going on in courts, they can file, but the direction is always given by the court, High Court, to the lower court, district court, and wherever the case is filed. That's why other writs are considered judicial writs. These are the names of the writs are for violation of your procedure. Violation is also a violation of any fundamental rights, free legal aid, and equal procedure, other items. So, whenever your any nature of your fundamental right is violated, basing on that nature, one can seek an appropriate remedy. And this is the, these are the names of the writs. And now other items individually, what are the names of these items, who can file, who cannot file, when can be filed, and the cases decided, these things I will decide in my next class. So, I hope that I have to stop here. My time is over. And if you have any doubt, I may answer, otherwise, we will go for elaborate discussion in our next class. Is it okay? Please all of you. So, may I get your response, sir? >> Yes, sir. >> If you have any, any doubt, I can answer, otherwise maybe next teacher is waiting. >> Or you may have, may have rest is only after this class. Thank you very much. Then, shall I leave? Sir, 10 minutes are there, sir? 10 minutes still there. No problem. Your class is 10:40, last, sir? >> 10:40. I another 5 minutes. Okay. Generally, whenever any writ is filed, these are the certain principles normally one has to follow. If alternative remedy is available, because it is a fundamental right that you have to exact resticator. Once a case is already decided, so that is not followed. Suppose in that case, it can be rejected. High court to be approached first. Remedial measure and delay and latches also. Suppose for all these items, this adjudication intended to take care of and work out. So, generally, we have mentioned these are all related to the violation of fundamental right. When it is a violation of fundamental right, the question it comes there, you can Supreme Court, High Court can entertain only when it is related to the state. So, public or either the state or any authority under the state. What is state? What is other authorities or any person? Those things are mentioned in Article 12 of the Constitution. So, generally, this is against always a public body. These writs can be attained. So, it must be the state or authority, state or any person working on a public duty. Who may apply? Generally, any person or a public servant can apply. Who is a public servant? If you read Article 31, 310, 311 of the Constitution, these articles are dealing with public constitution of public service commission, appointment of the public servants, and pressure enjoyed by the President, and safeguards given to the public servant against any disciplinary action which result in the dismissal or removal, reduction in rank, and that is provided. Traditional view of local stand, progressive trend. Why this? Who may apply here? Anybody can apply. So, last time we have mentioned about Public Interest Litigation. Traditional rule is when your fundamental right is, you are allowed to most of the cases, you can come and challenge, and you have to say which is specific parliamentary related, and show that which remedy you want, appropriate remedy you can suggest the court also. Or sometimes, without violation of your right, if you are a public-spirited person, you can file a publication, and you can also do so. And that's why any person or any publisher. So, next, there are individual writs. Habeas Corpus, I have already mentioned to you. This is a very, very powerful writ, and the liberties of all the citizens of the country are guaranteed on the basis of this particular writ. And because of this particular writ, our life is secured. Where there is an unlawful detention of any person, one can question. Suppose if any person is detained, you see that person cannot go to the court. There is a restriction or the right of an individual. He himself is detained by somebody somewhere. How can he approach the judiciary? He cannot approach. So, that's why any person can approach on his behalf, and he can get the things done. And he has to inform, "So and so person, he need not be a relative, he need not be his brother, sister, he may be a friend, he may be anybody." And now, "My friend, and he is now detained, and he must be released immediately. Let him have a body." So, this is the meaning of this one. It is an order issued by the court of competent jurisdiction doing the person by whom a prisoner is allegedly to be kept in a wrongful confinement, to produce such person before the court and to let the court know on what ground and authority the said person is confined. This is the meaning of the Habeas Corpus here mentioned. The object of the Habeas Corpus is there are objectives to have the body immediately. Who can apply? He himself cannot apply because he was detained. And any other person cannot. Procedure, generally go to the court and file a petition. And now procedure is now after receiving all the items, court will issue a direction. Ground for the issue, ground is unlawfully detained. And that's why we can observe any person is detained, except in emergency, all other places, he has a right to get back liberties immediately. Anybody can challenge and can make them free. And now wherever any person detained, and that detention, retaining a particular person must also be justifiable to the authority. Suppose there are persons who can detain on different laws, in any person who are prejudicial or whose existence is a threat to the society, and for secret of the state, they can be detained for a longer period. And there must be a law, and that law must be shown by the authority detained, and he must show that he has an authority, otherwise it will become unlawful. These are some of the aspects we will discuss. Anyhow, before we go for individual writs, and these are the five writs which are having a vital ramification. I can tell you, because of this one, all the public authorities made alert, whether a judiciary, a lawyer level, or whether a public officer, or mostly public officers who are holding the position, and by quicker reference as well as the issue in the direction from the High Court, Supreme Court to the respective person, and many, many fundamental rights of the citizens are protected. Mainly human rights of the citizens are being protected. Object is, in any democratic country, liberties must always be protected. Human rights must always be protected. And if human rights are protected, liberties are always safe. Then we can say that democracy is existing and government is going on. The object of providing this particular jurisdiction is to keep the persons alert and make them to work properly for the larger benefit of the people of the country and citizens. That's what we have to upload. I hope that I will stop here and I will take rest of the items in our next class. So, thank you very much, sir. Still, if you have anything, I am ready to answer. Sir, may I get a response from you? One. >> Yes, sir. >> Okay. Now, okay. Shall I leave this platform? >> Yes, sir. Thank you so much, sir. Thank you. Good morning, sir. >> Yeah, good morning, sir. Shall I start, sir? >> Yes, sir. You >> Okay, I, I'll start. I'll just share the PPT and then I'll start. Yeah. So, is the PPT visible to you? >> Yes, sir. >> Okay. So, good morning, everyone. So, we will start with the class. So, in the last lecture, we were discussing about the definition of murder and then we have started about the exceptions to the definition. So, I've told you that there are five exceptions and we have seen the very first one which talks about grave and sudden provocation, and we have also discussed the landmark case of K.M. Nanavati versus State of Maharashtra, where there were certain guidelines that were laid down by the court to check, verify whether the case actually can be covered within the first exception of grave and sudden provocation. Now, let us discuss one more case under the same exception and try to find out whether the exception can be made applicable in such a manner. Now, in this case, the accused armed with a weapon and accompanied with others entered into the hut of the deceased. Apprehending danger to his life, the deceased fired at one of the companions of the accused and thereby caused his death. The accused then attacked the deceased with an axe on his head and killed him. And when he was arrested for the offense and he was charged. So, during the trial, he pleaded that the death of the companion caused grave and sudden provocation to him. Now, we have to see that what the accused person is trying to argue is because the deceased shot at his companion and as the companion died, it is the death of the companion that gave him that provocation, otherwise he would not have killed him. Okay. So, you have to see the argument, the reasoning that the accused person is giving here. So, he's trying to say that the case is covered within grave and sudden provocation. But let us see the judgment of the court. The Supreme Court refused to accept the plea as the accused himself was the aggressor and he solicited the provocation. Now, if I'll go back to, because it's almost a week, you may not remember it. So, these are the three provisos to the first exception where the first proviso clearly says, "The provocation is not sought or voluntarily provoked by the offender as an excuse." Now, this proviso you have to apply to the case at hand where the facts clearly says that the accused person was armed and he entered into the hut. Now, it is very clear that if someone is armed with a weapon and he's entering your house, you will try to defend yourself or you will try to react to the act of the other person. So, the reaction was that the deceased shot one of the companions. So, the law clearly says that if the accused himself was the aggressor or if the accused person did something and he is himself voluntarily seeking provocation, in that case, section one, sorry, exception one will not be applicable and it will still be a case of murder only. We'll go back again to the facts. So, you can see that it says, "The accused armed with a weapon and accompanied with others entered into the hut of the deceased." So, when he is doing that act, he might be under that knowledge or there is a presumption of knowledge on the part of the accused person that when you are entering the house of someone with a weapon, the other person is going to react. So, when you are already aware, such reaction will not lead to grave and sudden provocation. So, that is the presumption under law, and it is for that reason that you can see here that the court has refused to accept the plea. It says that no, it is still a case of murder because the accused himself voluntarily sought the provocation. Okay. So, you have to see how the court is reading out the law based on the facts of the case. Now, let us move on to the second exception. Now, the second exception is relating to, is relating to right of private defense, which we have seen it as general exception. So, we have seen that when an act is done under the exercise of right of private defense, it is not an offense. But here, if the right is exceeded, then it will be culpable homicide not amounting to murder, because exceeding the right will amount to an offense. If it is within the right, then it is not considered as an offense, or we can say then general immunity is given to the accused person. But if he is given a particular right and he's going beyond that, so he's exercising the right beyond the legal framework, that will be considered as an offense of culpable homicide. So, it states that culpable homicide is not murder, if the offender in the exercise in good faith of the right of private defense of person or property exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defense without premeditation. Now, this is very important, and without any intention of doing more harm than is necessary for the purpose of such defense. Now, for this, you have to remember section 99, what we have discussed earlier under general exception, 99 of IPC, I'm referring, where there are certain limitations on the right of the private defense that are provided. You may remember the limitation what we have seen is that this right is not available against an act of a public servant. This right is available only for the purpose of defense. So, if someone is trying to hit you through his hand, you just have the right to defend yourself. Right of private defense doesn't mean that you go to an extent. So, even if the other person is trying to hit you, you take a knife and then you stab him. So, that is not considered as your right because the other person is unarmed. You have the right to defend only against the force that the other person is using. So, we call it as the right of private defense should be proportionate to the act of the other person. If it is not proportionate, if it is exceeding, then it will be covered under the second exception. And moreover, there are cases where the accused person uses this right as a form of taking revenge from the other person. So, I have highlighted that part. You can see what it says that the exercising of such right is without premeditation. You are not planned something, and without any intention of doing more harm. Now, if you have intention to cause more harm, then it will be covered under the second exception, which will amount to an offense and it will not give immunity from criminal liability. So, let us discuss cases regarding this. So, now, there are three essentials for the second exception that says the accused must be exercising the right of private defense at the time of committing the act. He must act in good faith. Now, remember the definition of good faith, where it says an act is done in good faith when it is done with all precautions and care. So, you should not be negligent in doing the act. If you're negligent in doing the act, then it will be considered as an offense of murder him, and you should have exceeded the limit without intention to cause more harm. Now, your intention also plays an important role. Maybe the accused person comes here. Sorry, the other person comes here. He has caused some injury, and now he is leaving. So, when he is leaving, what do you do? You try to attack him from the backside. See, even here, that attacking from the backside shows the intention of the accused, because we have studied earlier that the right is available only till the point where you have apprehension. Now, the person is leaving, so when he is leaving, you don't have any apprehension towards your body or even your property. So, in such case, you don't have any right of private defense. So, let us discuss a case regarding the second exception. In this case, an FIR was registered under section 457, that is lurking house trespass. So, lurking house trespass is basically when there are individuals who are residing in the house, and in such a house, if the person enters without his consent, without the knowledge of the possessor of the house, that will amount to lurking house trespass, and under section 380, that is the offense of theft. So, a police constable went to arrest the accused person. Okay. So, we'll be discussing, I think you might be knowing about it, or I'll tell you one more time that under criminal law, specifically under procedural laws, we have two different concepts called as cognizable offense and non-cognizable offense. Cognizable offenses are those where police officer can make an arrest without the orders of the magistrate, and it is only in cognizable cases that usually an FIR that is First Information Report is registered. And the other category that is non-cognizable is where a police officer cannot arrest without the warrant from the concerned magistrate. Now, what is the reasoning behind this? The reasoning is basically that if the offense is serious in nature, immediate police action is required. Police officer cannot wait, go to the magistrate, apply for a warrant, and then go and arrest the accused. By the time it will be too late. So, that's why they are categorized as cognizable. And maybe the other petty offenses where the immediate action is not required. So, in such cases, they are categorized as non-cognizable. Now, this being a cognizable case, because theft is basically considered as a cognizable offense, and FIR was registered, and as the FIR was registered, the police constable went to arrest the accused. At that time, there was a scuffle between the accused and the police officer. Police officer went to arrest. The accused person started evading, and that's why there was a scuffle between the two. Meanwhile, the accused gave several blows with a knife to the police officer, who died. So, in that scuffle, what happened that the accused was armed with a knife. So, he gave several blows, kept on giving blows, because of which the police officer died. So, he was arrested. Now, here the arrest is not with respect to theft. The arrest is with respect to the murder of the police officer. So, during the trial, the accused took the defense that the police officer started beating him during the arrest, and he was not in his uniform. So, the accused could not identify him and exercised his right of private defense. Now, one more point that the accused has used here where he says, as he wanted to free himself from his grip or from the grip of the police officer, so he used a knife. Now, you have to understand the second reasoning as well. Now, we'll discuss both the reasonings one by one. First, we'll discuss about the first reasoning. Now, if you remember what we have seen regarding private defense, if the person arresting you has not communicated the authority to arrest, so you're not knowing, maybe the person is not in his uniform. Someone comes and rightly tries to catch hold of you. Obviously, you'll try to free yourself because you don't know whether the other person is a police officer or not. So, the law says such cases, you have the right of private defense till the time you know that the other person is a public servant. So, basically, we have section 99 where it says, "Right of private defense is not available against an act of a public servant." But they have given an explanation over there where it says that right of private defense can be exercised against public servant till the time you know that they are public servant. Now, what are the accused's claiming? That the police officer was not in his uniform. That is the reason he went on exercising the right. Now, the second point which he has raised is, he says that, uh, he wants to free himself from the grip of the police officer. So, he used a knife. Now, sometimes what happens that the other person is very dominating. So, he easily overpowers the accused, and by whatever force or means the accused uses, he could not free himself. So, what the accused person does, they try to use certain means, medium, or weapon in order to free themselves, and that is what the accused person says here, that the police officer was well-built, he has already dominated or overpowered the accused. So, he, he doesn't know that the other person is a police officer, and he just wanted to free himself. He used all the means necessary, but could not free himself. So, what he did? He take out the, took out the knife, he used that knife against the police officer so that he gets injured, and then he can free himself. Now, whether these two defenses can stand as far as right of private defense is concerned, that was the issue before the court. So, let us see the judgment given here. The court held that while initially the appellant had the right of private defense, but it does not come under the second exception to section 300, that is the definition of murder, and it cannot be held that his right of private defense extended up to the causing of death of a police officer. That being so, and also because he obviously intended to cause bodily injury which was likely in the ordinary course of nature to cause his death, he is guilty under 302 for the offense of murder. Now, why the court says like that? The reasoning is, see, it's a very general presumption. See, no doubt you have the right to defend your body. And what the accused is saying here, that he used the knife to free himself from the grip. Now, to free himself from the grip, what you can do? Merely a single cut on the hand will be sufficient to free yourself, right? That is very common for every individual. What do you do if the police officer has caught hold of you? Take a knife. You give him a, maybe a cut on his forehand, on his elbow, shoulder, any other place where because of that injury, he will immediately leave you. But what we have to see here is, read the last sentence of the first point. What it says, "Meanwhile, the accused gave several blows with knife to the police officer." So, what is important for us here is the fact that several blows were given by the accused person to the police. Now, these two are contradictory to each other. It's giving several blows, which is proved because, as I've told you earlier, that in medical legal cases, your postmortem report will include the number of injuries as well. What are the nature of injuries? A detailed report will be there where they'll specify that okay, on the hand there was a cut, on the abdomen there was a deep cut, on the chest there was a cut, on the neck it was there. So, several blows were there, right? Now, this several blows is going in contradiction to the argument that the accused is making. What he says, as he wanted to free himself from his grip. So, just to free yourself, you don't go and give several blows with a knife to the other individual. So, what happens that the court is trying to derive the intention of the accused from the act of the accused. So, which are the acts? The act of giving several blows shows that the accused person was intending to cause bodily injury. And we have just now seen, if the act is premeditated or if it is with intention, it will not be covered within the second exception. So, the court says that it does not extend up to causing death of a police officer, and also the injury was intended to cause to the deceased, which is likely in the ordinary course of nature to cause death. Now, if you remember, we have seen, uh, the definition of murder, where the third point says that the injury is likely to cause death, which is ordinary, which is in ordinary nature, likely to cause death, there it will fall within the definition of murder. The court has combined the both the readings. The court says that it will not fall within the second exception, but it is an offense under the definition of murder itself. There is no exception that is given because you have your intention, that can be easily seen from the nature of injury, from the several blows that were given to the deceased. I hope it is clear to everyone. Okay. So, this was your second exception. Now, one more case we'll discuss regarding the second exception. Omar Singh versus State of U.P. Um, in this case, the deceased had initially attempted to attack the accused. There was an incident of grappling between the parties. When the deceased was fleeing, the accused made a murderous assault and the victim died. The first paragraph itself, there are two different incidents that were mentioned. So, in the earlier incident, the deceased had tried to attack on the accused person, and then based on that attack, there was an incident of grappling between the two. So, an attempt was made, but it was not successful, and then both the parties started grappling with each other. Now, in between of this grapple, one of the parties, that is the deceased, started leaving the scene. He was trying to escape, he was trying to run away. So, at that point, specifically when the deceased was trying to flee or run away, it was at that point of time that the accused made a murderous assault and the victim died. Now, we have seen this earlier that when we were discussing about continuation and commencement of the right of private defense, we have seen a provision where it says this right will continue till the apprehension continues. Now, no doubt, there was a sort of grappling between the parties, and the deceased has initially attempted to attack the accused, but when the deceased was already going away, there was no apprehension on the body of the accused. So, let us see what the court says here. The Supreme Court held that the force used was out of all proportion to the supposed danger which no longer existed from the deceased. So, the accused was neither entitled to a right of private defense, nor the benefit under the second exception of section 300. Therefore, the accused was convicted for the offense of murder. Now, why here this is an important part where it says that first, what you have to derive is, whether right of private defense is available. If it is available, then you have to check whether the right was exceeded, because if it was exceeded, only then it will be covered under the second exception. But what the court says here, that the first question itself is answered in negative, where it says, "Whether the right was available?" So, it says, "No, the right was not available." Now, why the court says like that? Because the situation is very clear. Two parties fighting with each other. One person started leaving it. So, he has already turned his back. Now, he's going. So, when he's going away, you don't have that apprehension in your mind. Now, what is the reason behind this? I'll tell you the reason as well. And the important reason is, uh, the right of private defense is available only to tackle a situation where the state help cannot be reached. So, we all know that we don't have that much of, uh, human resource in the police department that every individual will be given a personal security guard. So, that, that much human resource is not there. Now, even going beyond that, that if we have that much of human resource, the problem is that even if you are given a guard 24/7, it is not possible that the guard will be there at each and every moment with the person. Why? Because when you're there inside your house, the guard cannot accompany you inside your bedroom, or maybe inside your living room, or inside your kitchen. He has to stand outside, and there are offenses which are committed even within the four walls of the house also. So, in order to deal or tackle with this situation, law has provided the right of private defense. The right is available at that moment itself. If that moment goes away, if that apprehension goes away, you have an option that you can always call upon the state authorities. He can inform the police officers, and they will take the required steps which are necessary at that point of time. So, when the other party is fleeing away, the other person is going away, the apprehension itself is not there. So, when the apprehension is not there, your right of private defense ceases there. You don't have the right. Now, when you don't have the right, and then you make a murderous assault, that will be covered directly within the definition of murder, and not within the definition of culpable homicide. This is what the court has made it clear, where they say, "The accused was neither entitled to right of private defense, nor the benefit under the second exception, and he is directly liable for the offense of murder itself." Then, moving on to the third exception, that is, public servant exceeding his power. And now, here, public servants, they are given some powers. Public servant, basically any person who is employed either by the state or by the central government. It can be anyone, maybe a police officer, member of any executive agencies, that is CBI, Enforcement Directorate, NIA. It can be a member of the armed forces, maybe from army, navy, air force, or it can be a member of central armed police force, Indo-Tibetan Police Force, or even a judge, magistrate. It can be anyone whoever is employed by the state or the central government. Now, we all know that as public servants, usually belong to the executive class. They are there to implement the laws. They are there to execute the laws. Now, this execution cannot be done unless and until they are given some power with them. So, obviously, for executing the law, they are given some discretionary power. But this discretionary power is to be exercised within a reasonable framework. So, if a public servant goes beyond the power that is given to him, there he will be covered within the definition of third exception in case if he causes death of the other individual. So, what are the essential points for the third exception? The first one, the offense must be committed by a public servant or by a person aiding the public servant. Now, two different things. So, now, what we'll do here, public servant, I'll give you an example by referring it to a police officer. So, if the police officer himself is arresting, or he has asked some member of the public to assist him. Now, he has asked, he means the public servant. Now, when he is asking a member of the public to assist him, even the actions of that member of the public will be considered as an action of the public servant itself, because he himself is not doing it. It is the public servant who has asked him. Maybe there are two persons to be arrested, and only a single constable goes there to arrest him. Now, for him, he knows it that if there are two accused in number, one of them will easily escape. So, what he does? Before he goes to actually arrest, he calls on the member of the public, "Tell them that kindly help him so that he can execute the law properly." Both the aspects are included: act of a public servant or an act done by a person aiding the public servant. Second, the public servant commits the act in discharge of his official duty. Now, this is also very important because, uh, just because a person is a police officer does not mean that even for his private work or the acts that he is doing as a private individual, even such acts should get some sort of immunity. That is not. So, what does the second point say? "Public servant commits the act in discharge of his official duty." So, this exception will be applicable only to the point where the acts are in line with

The official duty of the public servant. Third one, he should have exceeded the power given to him by law. So you are given some power, but you're going beyond that, as I've told you, that it should be within the legal framework. We are going beyond that framework, then you are liable for the actions.

Now, why is the legal framework important? The reason being, uh, now this is a human tendency that when there are powers, discretionary or absolute power given, the person tends to misuse those powers. So what happens is that the law gives the power on one side, and at the other side, it also imposes some sort of restrictions on that. Why? Because both aspects should be balanced together. So when such restrictions are imposed, and if the person goes beyond that restriction, there we can say that the person has exceeded the power given to him by law.

Fourth one, the act should be done in good faith, that is, it should be done with care and attention. It should not be a negligent act, because if it is a negligent act, you cannot say that the public servant has done the act in the line of his official duties, because the general presumption is that when you are doing your official duty, you should not be negligent in your actions.

Fifth one, the public servant should have believed that his act was lawful and necessary for the due discharge of his duties, because they are working on the ground level, and they know whether the act is required or not, whether it is necessary at that point of, uh, time or not. So if it is necessary, only then it will fall under the third exception.

And the last one, he should not have any ill will towards the person whose death was caused. If you can prove that the person was having some sort of intention to cause intentional harm to someone, even there the third exception will not be applied.

Let us see a case here regarding a public servant exceeding the power: Dying versus State, a case from Alabador from the year 1955. In this case, a thief was arrested by a police constable and was being taken in a train. The thief escaped from a running train. The constable pursued him. When the constable was not in a position to arrest him, he fired at him. But in that process, the shot hit another person and he died. The facts are very limited. You have to understand from the facts themselves whether the police constable has exercised the power within his framework or whether he has exceeded the power.

Now, in this case, one thing that you can notice is that I mentioned regarding the offense the accused person has committed, the maybe the deceased has committed. Now, there is a reason for that, because when we say "thief," the accused here, the person is alleged to have committed the offense of theft. Now, for theft, you have to remember one thing, that for theft, if it is a normal theft, uh, the punishment is extended up to three years of imprisonment. Now, why am I telling you about the punishment? Because the reasoning given in this court is relating to the punishment for which the deceased was charged for the offense. That is the reason I've told you about the punishment part.

Now, here we'll also refer to one of the provisions of CRPC, Criminal Procedure Code, or now we also have this Bhari Nadriaka Sahita. Now, why is it so? Because the power of a police officer while arresting is mentioned under the procedural laws. So, when we are dealing with the question of whether the public servant has exceeded his power, first we have to find out what are the powers given to a police officer while making an arrest.

So, here the Supreme Court referred to Section 46 of CRPC, which lays down that when a police officer arrests a person and such person forcibly resists the endeavor to arrest him or attempts to evade the arrest. Okay, two things are there where the person is resisting. He's trying to use some force towards the public servant, or he's attempting to, uh, evade. So, he's trying to run away, free away from the place where the arrest is made.

Now, what are the powers given? Section 46 says such police officer may use all means necessary to effect the arrest. Now, you have to see the law. It says in such a case, if the person who is to be arrested, if he's trying to resist it, or if he's trying to evade the arrest, the police officer can use all means necessary. That is what is mentioned there.

Now, you have this sentence where it says "all means necessary" gives you the power or discretionary power because it does not provide the means, and it is not possible also to provide it, because you cannot have a straight-jacket formula here. The law says that you can use all means necessary, but now there are restrictions which are imposed on the right. He says this does not give a right to cause death of a person unless he is accused of an offense punishable with either death sentence or imprisonment for life.

Now, you have to see that Section 46 says that yes, you can use all means necessary, but you cannot cause the death of a person unless and until the offense is very serious or heinous in nature. Now, why is it so? Because your punishment depends upon the gravity of the offense. If the punishment is death sentence or imprisonment for life, the presumption is that the offense is very grievous or serious in nature. That is the reason they have provided it.

Now, let me tell you one more thing, that this Section 46 earlier of the Criminal Procedure Code was directly relating to the act of, uh, encounters done by the police officer, because you can see that on one side you have the power given where it says "all means necessary." On the other side, you have the restriction which is imposed where it says that you cannot cause death unless the accused is liable for punishment with death sentence or imprisonment for life.

Now, coming back to the case here, as I've told you that the person who died, the deceased, was alleged to have committed the offense of theft, and I've told you already that for theft, the maximum punishment under general theft is three years of imprisonment. So, that's why the court says that the accused, though he has the power as a public servant to arrest, he has exceeded his power and is covered under Exception 3 of Section 300, liable for culpable homicide not amounting to murder.

So, you can see the, um, the reasoning given by the court where they say that you have the law, that is Section 46, where the framework is given, and the person has gone beyond that frame, because when it comes to an offense relating to theft, you cannot directly shoot a person, because the law says that you cannot cause death unless and until the person is liable to be punished with either death sentence or imprisonment for life.

Now, one more point I would like to add, just for your reference, as we are referring to Section 46, though the provision says that unless the accused is liable to be punished with death or imprisonment for life, this does not mean that the accused who are liable for this punishment can directly be shot dead by the police officer. This does not mean like that. It basically means that in exceptional cases, if the accused is liable for these two categories of punishment, only in such cases you are given that right. Right, in the sense, maybe to utilize it in exceptional circumstances.

Now, basically, the general standard operating procedure is that when an accused, even if he is liable for death sentence, if he is evading the arrest, you can see the person running away, the police officer should not directly shoot him on his vital body parts. That is the general standard operating procedure. So, what is the procedure? First thing, you have to fire in the air. Why firing in the air? When you are firing in the air, that acts as a warning to the other person that he should stop now, otherwise the second shot will be on his body. So, the first procedure, the first step is that he has to fire in the air.

Now, even if the person who was to be arrested continues running, then the second thing is, yes, you can fire on the body of the other, the person to be arrested, but that should not be on his vital body parts. So, basically, usually it is on his legs or his thighs. Now, why legs or thighs? For the reason because if he is running away, shooting on his leg, which is not vital enough to cause death, in such a case, there will be a bodily injury, and he will be prevented from escaping. So, that is the second step, you can fire on the non-vital body part.

And the third thing is that even after that, if the person continues evading, then you can go ahead and shoot on the vitals. That's why they have mentioned that unless the accused is liable for these two categories of punishment.

Now, applying those principles here, first of all, shooting itself is not considered as reasonable, that is one thing. Second, the shooting act of shooting happened where? That too in a moving train. Obviously, when it is a moving train, it is difficult to aim at the person, and that is the reason the death of the other individual is caused. That is the reason the court considered it as an act of culpable homicide not amounting to murder. Okay. So, that was with respect to the third exception.

So, there are a total of five exceptions. The fourth one is sudden fight. Now, what is sudden fight, or what does the exception say? Let us discuss it. So, it states that culpable homicide is not murder if it is committed without premeditation. So, there should not be pre-planning in a sudden fight, in the heat of passion upon a sudden quarrel, and without the offender having taken undue advantage or acted in a cruel or unusual manner. So, the exception is very clear where it says it should not be something that is pre-planned.

And why this exception is given? The reason is because human beings tend to lose control when they enter into a sudden fight. Now, why is it so? Because usually, in the heat of passion, the person goes beyond what he actually thinks. So, sudden fight, because when there is a sudden fight that starts between two individuals, you are unable to control your actions, because even the other person is aggressive, you become more aggressive, and that goes on. So, the law presumes that. Now, why have they used the word "sudden fight"? Because of the reason that it should be at the spur of the moment.

Now, I'll give you one example of premeditated thing. Uh, take an example that there are two students sitting in the classroom. Uh, there is a sort of, uh, dispute which happened between both of them, and they started fighting. Now, we can call them a sudden fight till that moment. But what happens that as they start fighting, people around gather there. So, maybe the friends, faculty members, members from the staff, they come there, they try to separate them. Now, they are separated because of the intervention by the other people. But after separation, what happened that both the parties challenge each other. They say that, "Okay, after the class or after the college, you meet me by 5:00 near that building, or you meet me near that area." What are you saying? At 5:00, at a given point of time, you meet me at a particular place. Now, both the parties come there at the given point, at a particular place, and then they again resume fighting, and in this fight, if someone dies, this will not be considered as a sudden fight. Why? See the law, what does it say? "Without premeditation." Now, you have decided yourself where to fight, at what time to fight. See, you have meditated it. You have already decided, you have thought about it. It is not at the spur of the moment. So, this will not be considered within the exception. That is very important. That is the reason they have used the word "fight."

So, the presumption under this exception is that the offender loses his power of reasoning due to heat of passion aroused suddenly. The word "sudden fight" implies the absence of previous deliberation or determination to fight. The example that we have discussed just now.

And the last point is also very important, where it says the word "fight" under the fourth exception conveys something more than a verbal quarrel. So, it implies the exchange of blows, because when we say "fight" under the fourth exception, the meaning is very much restricted. It is not a verbal fight or verbal abusement that happens. What it is? It basically refers to a physical fight between two individuals. That should be an exchange of blows between the two parties. Because if the case is that the other person is merely orally abusing the other party, and because of that abusement, the accused person starts assaulting him, that will not be considered as a sudden fight. Rather, it will be covered under your first exception. You remember the first exception? It is grave and sudden provocation. The other person said something because of which you are provoked. So, that is the difference between the first and the fourth exception.

So, the scope of the first exception is very wide in nature, where by any means you can be provoked, the other person does some sort of gesture where you feel offensive, and you are provoked by that gesture, you go and you hit him and you kill him. So, that will be grave and sudden provocation. But here, the scope of this exception is restricted, where it says there should be actual physical fight between two individuals, and because of this physical fight, there should be actual exchange of blows. Only then it will be covered under the fourth exception.

Now, let us discuss a case here regarding sudden fight. I would ask you to go through the facts and tell me whether the accused can be given immunity under the fourth exception. So, anyone can tell me if you feel that the accused can be given some sort of benefit based on sudden fight. The facts are very clear, but you have to read it very carefully to understand whether it amounts to sudden fight. Okay, I'll tell you now.

Now, if you look at the facts, it clearly says the deceased here, that is, the person came there to separate both the persons who were indulged in fighting, which means that the deceased was not a part of the fight. Okay, that that is very clear from the second point where it says the deceased came up to them and tried to separate them. Here was in son-in-law of the deceased. The accused thereupon took the knife from his vest and hit out at the deceased.

Now, this is the point where the person has done an act beyond the sudden fight. The reason being, a fight is going on between X and Y. Z comes there to separate them. Now, during the sudden fight, you can use force against each other, that is, X against Y and Y against X, but you cannot use force against a third person who comes there to separate you and who is unarmed. That is also very important, because here the accused took out his knife and then he started assaulting the deceased. So, and that too, if you see, there were two different attempts that were made. The first one where the deceased tried to ward off the blow and it was hit in the left forearm. The accused again struck in, and this time it landed on the chest, and the person died.

So, the court rejected the contention of sudden fight made by the accused person and held that the accused had stabbed an unarmed man who made no threats against him, but was merely trying to stop the fight. The accused took undue advantage and stabbed the deceased. So, the accused is held guilty of murder because it will not fall within the fourth exception.

So, when you say sudden fight, we have already seen that there should be an exchange of blows. So, exchange of blows was there between Naya and the accused. The deceased came there to separate them. So, there was no exchange of blows between them, because maybe the accused tried to ward him, or sorry, the accused tried to attack him, but the deceased was not responding to that, he merely tried to defend himself. So, that's why the court says that the exception of the fourth exception, that is, sudden fight, will not be applicable in this case.

Okay, it's 11:30. We will stop here. In case if you have doubts, you can ask me. Yes, any doubts anyone regarding the exceptions we have discussed about all the four, four exceptions. We are left with the last one that we'll discuss it in the next class. Okay, so I'll stop here. Thank you, everyone. Thank you.

>> Thank you, sir. Thank you so much.

>> Thank you.

>> Hello, sir.

>> Hello, sir.

>> Okay, sir.

>> Good morning. Um, good morning. May I start?

>> Yes.

>> Yes, ma'am. Please.

>> Thank you. Good morning to all. Uh, welcome to, uh, this class that it is on emergency provisions of the Indian Constitution. The in this topic, we are covering today on national emergency, that is Article 352 of the Constitution. Emergency due to failure of constitutional machinery in the state, that it is known as state emergency. The financial emergency, and what are the effects of emergency? Differences between national emergency and state emergency. The last one is that, uh, landmark judgments of the Supreme Court of India. These are the topics to be covered under Article 352 to 360 of the Constitution.

So, here, Part 18 of the Constitution, cons, Part 18 of the Constitution speaks about the emergency provisions under Article 352 to 356 of the Constitution. So, this Article 18 of the Constitution is considered as one of the significant characteristics of the Indian Constitution. Why? Because this, the way in which this normal, normal times, this Constitution is as a federal constitution, but at the time of the emergency conditions, this becomes a federal constitution. So, this is one of the most significant characteristics of the Indian Constitution. So, here, this, these provisions are departed from the federal features of the Constitution on which the Constitution is built. These emergency provisions are considered as, uh, the merits of our Indian Constitution, which are intended to meet the exigencies.

So, here, by introducing this emergency provisions in the draft Constitution, in the Constituent Assembly, Dr. Bybecker mentioned that the draft Constitution can be both unitary as well as federal, according to the requirements of the type and circumstances. In normal times, it is framed to work as a federal system, that is, a federal constitution, but at times of war, it is so designed as to make it work as though it was a unitary system. That was a statement made by Dr. B.R. Ambedkar in the Constituent Assembly while drafting Article 352 to 360 of the Constitution.

So, here, in this constitutional, that is, the emergency provisions under Article 352 to 360 of the Constitution, the first one, the Constitution provides three types of emergencies under, that is, Article 352 to 360. The first one, Article 352, speaks about national emergency. Next one, Article 356, speaks about state emergency, that is, known as emergency due to failure of constitutional machinery in the state. The last one is financial emergency, Article 360 of the Constitution. So, these are the articles which are mentioned in the Constitution in Part 18 of the Constitution.

The first one, Article 352 of the Constitution. So, what is Article 352 of the Constitution? Sir, these slides are visible now, sir?

>> Hello.

>> Yes, ma'am. Yes, slides are available.

So, what is Article 352 of the Indian Constitution? Article 352 of the Constitution speaks about national emergency. So, here, based on Article 352 of the Constitution, the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened, either by war or by external aggression or by armed rebellion. He may make a proclamation of emergency in respect of all of India or any part of India as may be specified in the proclamation. That is, that is Article 352 of the Constitution.

So, here, the Article 352 specifically mentioned that if, if there is any, uh, war or any external aggression or armed rebellion, if the President is satisfied, then he can proclaim emergency under Article 352 of the Constitution. Here, the meaning of President's satisfaction. It means that the proclamation shall not be issued unless the decision of the ministers of cabinet rank, by resolution, requests the President for proclamation of emergency in writing. The first, he has to get the written request from the cabinet ministers. Then it is known as the satisfaction of the President of India. Meaning of, if the President is satisfied, means that he has to get a letter from the ministers of the rank of cabinet to issue an ordinance in the written form. Then he can make a proclamation under Article 352 of the Constitution.

So, here, this, if the proclamation of emergency is, uh, is, is proclaimed by the President of India. So, after the proclamation of emergency, this must be, it must be, it must be approved by both the Houses of Parliament within one month. If the House, if it could not get the approval of both the Houses of Parliament within one month, then this proclamation shall cease to operate after the experience of the one-month time. So, that is considered under Article 352 of the Constitution.

The next one is that, once the proclamation is approved by the Parliament, it is not revoked, it shall continue for six months. So, it will continue for six months. After that, it has to go again for further continuation. It must be approved by the Parliament. So, here, the approval of the Parliament means it must be approved by the majority of the members of the Parliament. Two-thirds majority members must be present and voted for the, the proclamation of emergency in continuation. Once it is approved, it will be in existence for the first six months. Before the expiry of the six months period, it has to go for again approval of the emergency. If it is not approved, then it is to be operated. That, it is, it is a national emergency.

So, after that, after once the emergency came into being, what are the effects of national emergency? So, the first one is that, what are the effects of emergency? It says that these are the following consequences of proclamation of emergency. The first one is extension of center's executive power. The next one is Parliament is empowered to legislate on state subjects. The next one, the center is empowered to alter the distribution of revenue between the Union and State. The next, extension of Lok Sabha. The last one is suspension of fundamental rights under Article 19 of the Constitution. So, these are the effects of proclamation of emergency.

Once the emergency is proclaimed by the President of India, then it will be, it will be in operation for six months. If it is approved by the Parliament, then it can be continued for more six months. The maximum period of this emergency is not more than three years. So, here, after that proclamation of emergency, these are the effects of proclamation of emergency. The first one is that, extension of center's executive power in the time of the, that is, so, after the emergency is there in the country, then the first one is that the Parliament has the power to go for legislation on the state subjects under Article 353B of the Constitution, and moreover, the center has the power to go for the executive powers of this state under Article 353 of the Constitution.

So, here, under Article 353 of the Constitution, this Union extends its executive powers to the state, and the state has to obey the orders of the executive under Article 353 of the Constitution. In general, in normal times, the executive power does not extend to the states in giving it its directions to the states. But in, at the time of the emergency, this Union extends its executive powers to the states also.

The next one is that Parliament is empowered to legislate on state subjects. In this one, in general, these subjects are distributed to the, uh, Union and the state legislatures. In normal times, the state has to legislate on state subjects, and the Union has the power to legislate on subjects which are mentioned under the Union List. The Union has the power to legislate on subjects which are mentioned in the Union List, and the states are empowered to legislate on the subjects which are mentioned in the State List. But at the time of the emergency, the center, that is, the Parliament, has the power to make laws on the subjects which are mentioned in the State List. So, here, this, uh, law-making power of the state is not suspended during the emergency, but if there is any law passed by the center, that is, the Parliament, then the, that is, the Parliament's law prevails over the state law. So, here, that is, any law passed by the Parliament and law passed by the state, if there is any conflict between these two, passed laws passed by the Parliament would prevail under this provision. But it, normal times, the Union cannot pass laws on state subjects. This is one of the, that is, the effects of emergency.

The next one is that center is empowered to alter the distribution of revenue between the Union and states. According to Articles 268 to 279 of the Constitution, the distribution of powers are distributed, uh, between the Union and the, uh, that is, to the state. But here, at the time of emergency, this, that is, these distribution of revenue can be done by the Union. So, here, the Union can alter the financial arrangement between the, uh, that is, to the state and Union by the state. Here, but after the proclamation of the emergency is ceased, then that is, the, that is, the, uh, Union, the financial arrangement between the state and Union will cease to operate at the end of the financial year that is mentioned under this one. That it is one of the effects of proclamation of emergency.

The next one is that extension of life of Lok Sabha. So, here, in this Article 83, clause 2 of the Constitution, while the proclamation of emergency is in operation, the President has the power to extend the normal life of Lok Sabha by a year each time, up to a period not exceeding, uh, beyond the six months. So, once the emergency is declared by the President of India, when the proclamation of emergency is in operation, then the normal life of the Lok Sabha can be extended for one year, but after the proclamation of, uh, emergency is ceased to operate, within six months, this, this, this, this is the life of the Lok Sabha will be ended. That is under Article 83 of, 83, clause 2 of the Constitution.

The next one is that, the next one is that suspension of fundamental rights. So, here, this is one of the most important provisions which was discussed by the courts. It says that Article 358 provides for suspension of six freedoms guaranteed under Article 19 of the Constitution. Already we have discussed what is Article 19 of the Constitution. So, Article 19 of the Constitution speaks about freedom, right to freedoms. In this Article 19, six freedoms are guaranteed by the Constitution to the citizens of India. They are freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement, freedom of residence, and freedom of trade, uh, trade, profession, and occupation. So, these are the six freedoms which are mentioned under Article 19 of the Constitution. So, these six rights are known as the right to freedoms. At the time of the proclamation of emergency, these freedoms which are mentioned under Article 19 can be suspended. So, here, at the time of the proclamation of emergency, these articles are automatically, these articles, Article 19(1)(a), (b), (c), (d), (e), and (g) are automatically suspended. But after the program, after the emergency is ceased to operate, then they will come into existence. This is Article 19 only. The suspension of fundamental rights guaranteed by Article 19 of the Constitution are suspended at the time of the, uh, proclamation of emergency.

So, here, what coming to our, that is, the emergencies after the commencement of our Indian Constitution, after getting independence, there are three emergencies are declared. The first one is in 1962, at the time of the war, India in India, China war in 1962, first national emergency was proclaimed by the President of India at that time. The next one in 1971, uh, that is, national emergency was declared by the President, uh, for the war, and that it is, war between Pakistan and India. After that, in 1975, the third, the national emergency was proclaimed by Fakhruddin Ali Ahmed. These are the three national emergencies of our independence. The first one is that in 1961, by Radhakrishnan, at the time of national, that it is the war between China and India. The next one is that, that is the Pakistan, Pakistan and India, that it is in 1971. Later, in 1975, that it is, that is, by Fakhruddin Ali Ahmed. So, here, the first, first, the first two in 1975, while Indira Gandhi was the Prime Minister, Fakhruddin Ali Ahmed declared that, it is the emergency. Before that one, why Indira Gandhi, that is, Sudi recommended for national emergency in the country. Before that one, we can go for this Indira Gandhi versus Raj Narain case.

So, here, in this case, first, Indira Gandhi was the Prime Minister at the time of the proclamation of emergency in, but the, after the Indira Gandhi, at that time was a very popular leader, she got the overwhelming majority in elections, and she became the Prime Minister of India. At the time, they used to say, "Indira is India, and India is Indira." That was the, that was the fame she had at the time. So, here, after that, she was elected as the Member of Parliament from Rae Bareli. She, the opponent who contested against Indira Gandhi was Raj Narain. So, here, in this case, that Raj Narain filed a petition stating that the election was not valid. Why? Because Indira Gandhi, the then Prime Minister, used government machinery for her campaigning under the, uh, election purposes. For that, he filed a petition stating that Indira Gandhi's election was not valid. That was the contention made by Raj Narain in this case.

Hello, sir, are you hearing me? Hello. Hello. Hello.

>> Is it?

>> Yes.

>> Yes.

So, at that time, Indira Gandhi was a very popular leader. She contested in the elections by saying, "All of us know about Indira Gandhi." At the time, she had gone for stating that her slogan at the time of elections was that "Garibi Hatao," and because of her popularity at that time, for economical sense, and for the going, that is, the emergency declared in 1971 at the time of Pakistan war, her, uh, that is, seeing her ability in conducting the war and winning in the war, the all, even the opposition leaders also praised in the Indira Gandhi for her leadership qualities. For that, she has got overwhelming majority in the elections, and she became the Prime Minister at that time. But the contention made by the Raj Narain, Raj Narain was also a very popular leader. He was a strong leader. So, he was known as the freedom fighter at that time, before the, that is, the independence. So, he was a strong contestant against the Indira Gandhi. He felt that he would win the election. But later, the election result is declared. He came to know he lost the elections. For that, he made a complaint that it is against Indira Gandhi. Her election was not valid because, uh, that it is the based on the, People's Representative Act, one cannot use the, that is, the government machinery for campaigning and other election purposes. For that, her election is void. That was the contention made by the Raj Narain. Raj Narain's advocate was Shanti Bhushan, and Indira Gandhi's advocate was Nani Palkhivala. Nani Palkhivala was one of the best advocates in India who already won the case in Kesavananda Bharati versus State of Kerala. State, Kesavananda Bharati versus State of Kerala is the landmark judgment of the Supreme Court in India. So, here, in that case, Nani Palkhivala argued, and he became a popular one because of that case. So, here, Indira Gandhi's advocate was Nani Palkhivala, and Raj Narain's advocate was Shanti Bhushan. So, here, in this case, the Supreme Court of, sorry, this is filed in the Allahabad High Court. Raj Narain filed a petition in the Allahabad High Court for that year. The contention made by the Raj Narain and the issues raised in the court were that whether Representation of People's Amendment Act, 1974, and Election Laws Act, 1975, are constitutionally valid or not. Whether Indira Gandhi's election is valid or not. Whether Article 329A, clause of the Constitution of India is valid. So, here, after the filing of the Raj Narain case, in this case, what the Supreme Court of India, the Allahabad High Court mentioned that that the election of the Indira Gandhi was void because she has used government machinery at the time of elections. So, based on the, that is, the Representation of People's Act, her election is not valid one. For that, Indira Gandhi filed a petition in the Supreme Court against the decision of the Allahabad High Court. So, here, in the Supreme Court of India has discussed these issues in the case of Indira Gandhi versus Raj Narain.

So, after that filing the petition in the Supreme Court of India, what the Indira Gandhi did? The Indira Gandhi made 39th Amendment Act to the Indian Constitution. In that 39th Amendment Act, Article 329A clause is added to the Indian Constitution. So, here, Article 329A clause states that if the, if there is any election, election, uh, dispute, then it can be decided by the, uh, forum or body which is established by the Parliament. That if there is any question regarding to the, the Prime Minister and the Speaker of the Parliament, it can be decided by the body which is formed by the Parliament. So, here, the courts have no power to see the, uh, election, uh, disputes. That was the Article 329A clause of the Constitution. So, that it is made in 1975. Based on that, based on this provision, the courts have no power to see the dispute between these, that is, the qualification matters regarding to the Prime Minister and Speaker, that it is mentioned under Article 329A of the Constitution.

So, here, in this case, the issue before the court was that whether Article 329A clause of the Constitution is valid or not. Whether Article, whether, whether, uh, 39th Amendment Act, which is made in 1975, is constitutional or not. So, here, the amendment to the Representation of People's Act, 1974, and Election Laws Amendment Act, 1975, are constitutionally valid or not. These are the issues before the Supreme Court of India in Indira Gandhi versus Raj Narain.

So, the court, the case was filed, the case was there in the Supreme Court of India. Then, what happened? This Indira Gandhi proclaimed emergency. So, here, Indira Gandhi versus Raj Narain case was in court in the Supreme Court of India. Then, that part, Indira Gandhi did, Indira Gandhi requested that is Fakhruddin Ali Ahmed to proclaim emergency in India. The reason was that if the Supreme Court gives a decision, already the Allahabad High Court mentioned that her election is not valid. So, she felt, all the opposition parties, what they did, they started going for agitations stating that Indira Gandhi's election was not valid. Then she cannot continue as the Prime Minister. So, for that, there were many agitations by the opposition parties. For that reason, what she did? She immediately announced emergency. So, all of us know, in 1975, we have the national emergency. So, on, on June 25th, 1975, at the time of, what, 12 p.m., at around 12:00 p.m., she announced in the, in this, she broadcasted that national emergency is declared. After that, Fakhruddin Ali Ahmed officially declared that, that national emergency is proclaimed. So, here, what, based on Article 352 of the Constitution. So, what is Article 352 says? Article 352 states that if there is the, there is any emergency exists whereby the security of India or any part thereof in India, either by war or external aggression or armed rebellion. The ground, that is, to the, the ground which is mentioned at the time of national emergency in 1975 is that, that is, armed rebellion. So, there may be armed rebellion. We are proclaiming emergency. That was the, that was the statement made by Fakhruddin Ali Ahmed, the President of India at that time.

So, here, after that, what happened? That is, the, because of the decision of the Allahabad High Court and the appeal in the Supreme Court, the, the, all the political parties are making allegations against her. She had requested the President of India to proclaim emergency. So, here, after the proclamation of emergency, what happened? Almost all the papers had, uh, mentioned about the emergency. So, after that, after the emergency, what happened? Almost all the political parties, leaders of the political parties, that opposition parties, and other persons who were commenting against the emergency were arrested, and it was mentioned in the newspapers. The first one, that is, to the, earlier they were making allegations to that, the Prime Minister has to get down from her office. After the emergency is declared, immediately Indira Gandhi, that is, the government ordered all the leaders of the opposition parties and other, others, the prominent members to be arrested. So, based on that, more than 10,000, sorry, not 10,000, one lakh people were arrested in 1975, and in the month of June, mostly almost all the popular leaders like Nanaji Deshmukh, Advani, that it is, the Vajpayee, that is, Sita Ram Chouhan, all these prominent members are arrested and kept in jails for. That what happened after that? That is, the suspension of fundamental rights. The first one, what the Indira Gandhi did? First, immediately she had arrested and kept all the members, prominent personalities in the jails, and seized that press, not to go for the publication of these emergency matters in the present media. That was the direction by the government not to publish any matter in regard to the emergency. The press freedom of press was curtailed. Freedom of speech and expression was curtailed at the time of the emergency.

So, for that, the case which is filed in 1975 is ADM Jabalpur versus Shivkant Shukla. This is popularly known as the Fundamental Rights Case. This is also known as the Habeas Corpus Case. So, here, in this case, already a number of persons who are arrested and kept in jail in the name of emergency. The right, freedom of press is violated. Freedom of speech and expression is violated. For that, all, all, in the name of Jabalpur, the case is filed for that, for violation of enforcement of fundamental rights, Article 20 and 21. So, here, in this case, already, as per this, as per this Article 359 of the Constitution, fundamental rights can be suspended at the time of emergency. So, suspension of fundamental rights guaranteed by Article 19, that it is there in the, the Constitution itself, it says that, but here in this case, it double case, it was contended that this fundamental right under Article 19 can be suspended, but Article 20 and 21 cannot be suspended. So, here, based on this, this, this case is referred to a five-judge bench of the Supreme Court. These five, five judges in this case are the first one is that, Day, the Chief Justice of India at the time. Others are, uh, Chandrachud, Justice Chandrachud, Justice Beg, Justice P. Bhagwati. These four are for the violation of that, it is the suspension of Articles 20 and 21 of the Constitution. Article 21, already we have discussed that is known as the right to life and personal liberty. Article 20 speaks about the rights of the convicted persons. So, here, uh, the, the claim by ADM Jabalpur versus Shivkant Shukla case, here Article 19, right to freedom of, freedom rights under Article 19 can be suspended, but Article 20 and 21 cannot be suspended. Why? Because Article 21 speaks about the, that it is the right to life and personal liberty. So, here, in this case, these four judges and Justice Beg, Justice Chandrachud, Justice Bhagwati are in favor of the government, and that it says that Article 20 and 21 can be suspended at the time of the emergency. Only one judge who has dissented this was that, that is, to the, Justice H.R. Khanna. So, here, H.R. Khanna explained that right to life and personal liberty is not a suspendable right in emergency. The judiciary has to examine the reasonableness in the, that is, the Article 21 of the Constitution. That was the dissenting opinion given by the H.R. Khanna in ADM Jabalpur versus Shivkant Shukla. So, but majority, that is, five judges bench case. In these five judges, four judges are in favor of suspension of Article 20 and 21, but only one judge who dissented, H.R. Khanna, was that, it is the, he, that the Chief, that H.R. Khanna at that time, he was the only person who was against the suspension of Article 20 and 21. For that, he had to lose his career. After that, what happened? After the decision of the ADM Jabalpur case, what happened in this, that is, to the, after this one, what happened? This, uh, H.R. Khanna was not elevated as the Chief Justice of India. H.R. Khanna was the senior-most judge of the Supreme Court at that time, but he was not elevated as the Chief Justice of India. The junior to the H.R. Khanna, who was a judge at that time, became the, uh, Chief Justice of India. So, he is Justice Beg. So, here, all the four judges who were there in ADM Jabalpur case, who favored the, uh, that is, the suspension of Article 20 and 21, are elevated as Chief Justice of India. They are Justice Beg, Justice Chandrachud, and Justice P. Bhagwati. The only judge who has dissented the opinion, uh, that it is, to the government, that he, he had not elevated as the Chief Justice of India. For that reason, he had resigned from the, uh, services. So, this is the significance of ADM Jabalpur versus Shivkant Shukla case.

So, yes, this is that is to the, the, that, that is the, the facts of the case was that, and the name of the maintenance of internal security at the time of national emergency in 1975, a number of persons are arrested and kept in jail. For that, petitions were filed under Article 226 and 32 of the Constitution. Article 226, we can go to the High Court for violation of fundamental rights. Article 32, the Supreme Court of India. So, here, in this case, uh, the, the Supreme Court specifically mentioned that no person had any locus standi during the period of emergency. These fundamental rights are suspended. The persons whose fundamental rights are violated are no, that is, are no locus standi to file a petition under this one. That was the decision given by the Supreme Court in ADM Jabalpur versus Shivkant Shukla case. So, this case was very much criticized for setting that for the suspension of these fundamental rights.

So, after that, what happened? In that is to the, after that, that is, after that's 1978, this, the government is changed. In that, 44th Constitutional Amendment made to the Indian Constitution in 1978, and it has made changes to this, uh, Article 359 of the Constitution. So, here, in this, in this 44th Amendment, it was mentioned that the President cannot suspend the right to move the court for enforcement of fundamental rights under Article 20 and Article 21 of the Constitution. So, Article 20 says that the right to protection in respect of conviction for offenses. This right cannot be suspended at the time of emergency. The next one, Article 21, already we have discussed what is Article 21 of the Constitution. Article 21, the right to life and personal liberty. So, these two rights cannot be suspended at the time of the emergency. So, here, that is, Article, sorry, 44th Amendment made to the Indian Constitution. So, this is the, national emergency.

The next, next one is the, state emergency. So, what is state emergency? We can go for the state emergency. So, the state emergency, that it is also known as the President's Rule in the states. The state emergency. The state emergency is known as the, that is, emergency due to failure, due to failure of constitutional machinery in the state. So, here, if the President gets any report from the government, or the President is satisfied that the state is not in a position to carry out with the provisions of the Indian Constitution, then the President may proclaim emergency. This is known as the proclamation of state emergency. So, here, the President can proclaim emergency in a particular state when, if he gets any report from the Governor of that particular state, or if the President of India is satisfied that he can proclaim an emergency in that particular state, then that the state, the goal, that is, the President can proclaim state emergency.

So, after the proclamation of emergency, it has to be approved by both the Houses of Parliament within two months of the proclamation of emergency. Within two months, it has to get approval from the Parliament. After proclamation, this, if it gets approved from the, uh, Parliament, then it can continue for six months, or if it can be revoked by the Parliament, or within six months, if the Parliament wants to revoke the, that is, to the emergency, it can be revoked. But within six months, that again they have to go after six months period. They have to go for the approval of, uh, emergency for the next six months. So, here, like that, it can go for six months. After the six months, it has to get approval from the Parliament. Then, this is the proclamation of state emergency. So, here, the landmark judgment on proclamation of state emergency is that

Bombay versus Union of India. So here in this case, in this case, uh, these the governments in Rajasthan, Himachal Pradesh, and Madhya Pradesh, um, were suspended by the parliament. For that, this case is filed. The name of the case is that Sabay versus Union of India. So here, uh, the, the, what is the, what is the decision of the Supreme Court of India in SR Bombay versus of Indian of India case? Is that it is that secularism is the basic feature of the constitution.

So here, in this case, these three governments were dismissed by that is the, these mostly these governments are at the time BJP governments. So they are going for the that is to these religious basic problems. For that, uh, that is to the, uh, government, the government proclaimed emergency in these, uh, two, in this, uh, that is the, in this states. For that, this case is filed. For that, the, what the, the Supreme Court of India mentioned. The Supreme Court mentioned that that is suspension of these governments is valid. Why? It is constitutional. The imposition of President's rule in these states, all constitutional. And it is mentioned that secularism is a basic feature of the constitution, and any state governments which acts against the ideal can be dismissed by the president. It was held in the matters of religion. The state has no place. No political party can simultaneously be a religious party as well as a political party. That was the decision given in SR Bombay versus Union of India.

So, yes, some of the guidelines are also given by the Supreme Court in SR Bombay versus Union of India case. So the guidelines given by the Supreme Court of India in SR Bombay case, that is the first one is that the presidential proclamation dissolving a state legislative assembly is subject to judicial review. The next one, if a state government works against secularism, President's rule can be imposed. No wholesale dismissal or opposition rule state governments. When a new political party assumes power at the center, if the President's rule is imposed only on political consideration, the, the court can even destroy the assembly.

So here, in this, in this SR Bombay case, the Supreme Court clearly mentioned that that the president can dissolve the state legislative assembly, and the judiciary has the power of judicial review in deciding the, that is the, whether the proclamation is constitutional or unconstitutional. If the state government is working against secularism, then the President's rule can be imposed. Then, once the, that is the central government cannot dismissal of the opposition, that is the states opposition party states, uh, that is the party, that is the new party that center assumes the power in the center. So here, these are the guidelines given by the Supreme Court of India in SR Bombay case.

And proclamation of emergency. So this is, these are the, these are the provisions in regarding to state emergency. The last one is that financial emergency. Article 360 speaks about financial emergency. It simply says that if the president is satisfied that the situation has arisen by the financial stability or credit of India or any part is threatened, he may proclaim an emergency in to that effect, that it is under article 360 of the constitution. So here, till now, we did not have any financial emergency in India. That there is no clarity what is the credit of India and financial stability in regarding to the proclamation of financial emergency under article 360 of the constitution. So why because we, we didn't have any financial proclamation of financial emergency till now. So these are the three types of emergencies in India.

Uh, the next one is that we can go for this. Now, time is the, these are the three types of the national emergencies. So if you see that in general, we say that our constitution of India, that is especially part 18 of the constitution of India is unique in despite it contains a complete scheme in functioning of the government machinery in peace time and at the time of national existence. So here, if you say that at the war, it can become a unitary constitution, and we have the unitary form of government, and at peace time, we have the federal constitution. So here, part, part 18 of the constitution, under articles 350 to 360, provides constitutional, uh, provisions at the emergency conditions. These provisions are built upon an edifice of fundamental rights and democratic government.

So this is, this is part 18 of the constitution. So part 18 of the constitution is unique one in the Indian constitution. Why? Because it has, that is the significant character, because it says that what are the, uh, that what are the provisions at the time of peace and at the time of war or rather any internal disturbances. In the beginning, it was mentioned that in article 352 of the constitution, it was mentioned that that is the internal disturbances. Of Indira Gandhi, this case in 1978, 44th amendment made to the constitution, and it was mentioned in the place of that is the armed rebellion. In the place of internal disturbances, it is mentioned armed rebellion. So now we don't have the provision internal disturbances. We have the provision of armed rebellion. In case of armed rebellion, then only the president has the power to proclaim emergency under article 352 of the constitution.

So anything, sir, anything you want to say? Hello. Hello. Hello. Hello. >> Yes, ma'am. Thank you so much. >> Uh, sir, anything to say, sir? >> May I leave, sir? >> Yes, ma'am. Yes. Thank you, ma'am. >> Good afternoon, ma'am. Good afternoon. >> Yes, ma'am. We start. >> So whether the students are there or they have left the class, or are they present in the class? >> Fast, ma'am. >> Yes, ma'am. You are there. Okay. Okay. >> Yeah. Uh, uh, so, uh, yesterday, uh, we have started with special contracts. So because I have started with the first topic of special contract, that is indemnity contract of indemnity. So today, if all are there, can we just have a, you know, a session where I just want to know how you can use or implement the law of contract, the general principles, the provisions of general principles of contract to your field, to the hospital where you're working, or to to the hospital management, the employer, or if you are an employee, then how the contracts, because the subject that are being taught to you is general principles of contract and special contract, specific relief, specifically, uh, relating to healthcare, you know, healthcare organizations questions. So if you people are here and if you are ready, can I ask certain questions, um, with relating to general principles of contract, like we have covered offer and acceptance, we covered capacity of parties. We covered consideration, free consent, elements of contract, breach of contract, then remedies for breach of contract. These are the topics that we have already covered in general principles of contract. So after completion of specific relief act, we started with special contracts. Nita ma'am, are you working somewhere or you are attached to a private hospital or you are working in a government hospital? >> No, ma'am. I'm not working. I was working in a private clinic, uh, 10 years ago, but I'm not working. I'm in a break. >> Okay. Okay. So anybody else who, uh, is right now working? Sangeita Patil, Madame, Dr. Vasar Rahima Patil, am I audible to everybody? I think the, uh, yeah, many people are there. Rahul Despand, an Ruda, um, then Dr. BKraati, sir, Aner. >> Yes. Yes. So, ma'am, tell me, uh, just one, it's a, it's a, uh, what do you say? Um, just a simple question. It's not a hard and fast, you know, I'm just trying to, uh, know whether you have understood the thing or if tomorrow you need to implement the contract law in your profession. So how will you going to do it? So for example, uh, you are working in a private institution, am I right? >> No, ma'am. In government hospital. >> Government hospital. Okay. So when you have been appointed, you must have given an offer >> that, uh, we have selected so and, you know, accordingly the procedures, etc, etc. After going through the, uh, you know, the procedure of interview and etc, etc, then you, you will be given an offer to accept their, you know, they will given an offer and you will accept it. >> Oh, yes. So have you, has it been done to you straight away? What exactly happened, ma'am? Did you understand my question? Hello, Dr. BK. Okay. So now, see, uh, uh, the medical, uh, when we are talking about, uh, the healthcare organizations, we know who are, what are the healthcare organizations. Now, when we have talked about offer and acceptance, when you have joined in a, you know, in a, in a private hospital or government hospital, you would have been offered with a job for that you have to accept it within a particular time period. So once you accept it, you will join the job. Okay. So when you are joining, there are certain, there must be certain conditions to which you are to be avoided with, right? So accordingly, that is a contract where offer was made, acceptance was done, and then you have started working, and the terms are there. If you breach any terms of the contract, then you will be liable for the breach of contract, and so and so the hospital management or the government will be also liable if they breach the contract, right? So when you are entering to such kind of contract, because simply it is a contract whereby you from your side, you are giving certain conditions, and from their side, they also give certain conditions, and both the parties are giving their free consent to enter into such contract, and for a consideration, and the consideration is that you will work for the government or you will work for the private institution, and you will be paid for that. So for your service, your consideration will be your salary and other allowances, and for the government or the private institution where you are working for them, the money they are giving for the money or the salary they pay, for that they will get the consideration from your side, and what is that? Your service, right? If somebody is work, make you work more than the working hours, that means they haven't given you have not given the the consent. So when there is no consent, then we can say that the, the work is being done without your consent, so it will be voidable, right? And the next one is, as we talked about fraud, fraudulently, if your consent has been taken fraudulently, if you have been, you are being paid less fraudulently, sometime it happens that key, uh, your working is, working hours is something, and you, you are forced to work more than that. You have been allowed, you have been told key that you will be paid with some extra allowances that you have not been ever paid. So these are comes under fraudulent intention or act of a party. So in case of a breach of part, breach of contract, what generally you do? You will go to the court of law for the breach of contract for seeking remedies for the breach of contract. And most importantly, if we talk about these are, you know, your personal contract with the, uh, uh, with the, with the private sector or with the, uh, government. But when, for example, a private or healthcare organization is there, a hospital is there, a, uh, so in such case, if the person goes to the hospital for treatment, so it is the duty of the, duty of the institution to take care of the patient. Why the patient and the hospital enter into contract? What is that contract? The contract is that a fair treatment will be given to the patient. In return of that, the patient will pay the, uh, required fee towards the treatment, towards the medication, towards hospitalization or bed or the services that are being rendered to him. So for example, a person gives, for example, for surgery, he gives one lakh, for example, and in return, he will get all the facilities like a separate room, accommodation, you know, attached latrine, bathroom with ICU facilities, etc. etc. I have no idea with relating to the, you know, hospital management, but if a patient gives so many, you know, if enters into contract with the private, with the hospital, that the hospital is going to provide all these facilities to a patient, and not only that, it is the duty of the doctor and the duty of the even whom the hospital, that whatever, for example, a patient is going to be treated, is going to be, you know, operated, then everything with relative getting into his health or his treatment is to be communicated to either to the patient or to the attendant of the patients or the, uh, relatives of the person. And most importantly, it is also, you know, no, what do you say, um, other than the treatment, other than the surgery, other than the treatment, no other anything is to be done to a patient. So these are the, you know, terms and conditions of a contract where a patient enters into a contract with the hospital, with the doctors, or etc, etc. So if either, if the breach is made, for example, a patient has been treated, but he has not paid the fee, so he will be, you know, the contract will be treated as a breach of contract from the patient's side. For example, the patient has, uh, paid the money, but he was not properly treated. So many, uh, you know, examples are there. So in such case, the, whoever, whichever which party is, you know, whichever the party breaches the contract, either by the patient or by the hospital, or by the doctor as well, then the breached, the guilty party will be sued for the breach of contract, and remedies are available under a contract law. Even as per the terms of the, even hospital, certain terms, certain conditions must be there which are to be followed by the patient, like if at all the patient is been admitted, then he will enter into a contract. They are implied in nature that they will not damage the property of the hospital. There should be so many things, disciplinary, you know, conditions are there or will be there in the, in, in the, in the form of a, in the form of the terms and conditions are will be mentioned in the form where the patient enrolls himself or herself, and non-compliance with those rules and regulations or bylaws will result in breach of contract, and the person will be liable, or whoever, for example, person's attendant does something, makes any kind of damage to the property of the, uh, uh, hospital, misbehaves with, uh, any staff, misbehaves with the doctors, damages to the property of the hospital, then he, the patient, or whoever, whoever is responsible for that, will be liable. So that is treated as a breach of contract, and vice versa. If the patient is not being treated properly, if there is a mistake or negligence on the part of the doctor or on the part of the, uh, hospital management, then in such case, the patient can sue the doctor, the p, the nurse, or the hospital management, whoever is responsible for the breach of contract. Okay. So the contract act, general principles of contract can be implemented in the healthcare system or healthcare organizations. And when we've talked about specific relief act, there also, where if, for example, a patient or a hospital management, whoever, whose right has been violated, if not getting relief under contract act, then he can get the remedy or try to get the remedy under the specific relief act, under the specific performance of the contract. So this is the way how you can use these laws for your own benefit and to protect your rights. And even if your rights are being infringed or you, uh, by breaching the contract, then you can go to the court of law under the law of contract or specific relief act to get the remedies or to get the relief.

So today, yesterday we have started with special contracts. Now, special contracts are special in nature. So that's why they are called special contracts. They are species of contract only dealt under Indian Contract Act, 1882, sorry, 1872. So yesterday we have started with indemnity. Now, half of the portion I have completed. Now, in indemnity also, if we connect this one to, you know, healthcare organizations, then how can we connect this one? So, for example, the, uh, what do you will say, a second h. So now, for example, uh, a person, uh, who has taken the, uh, uh, insurance, because indemnity is nothing but a kind of insurance only. A third party due to the third party's mistake, one see, uh, as we have discussed yesterday, that in contract of indemnity, there are two parties, promiser or promissee. The promiser promises to the promissee that if the promissee, you know, incurs any loss, suffers any loss, then the promiser will, and due to due to the promiser or any other person, the promiser promises him to save him from or compensate him for the loss that the promissee incurred. So if we see in the perspective of healthcare organization, then we can see the professional and indemnity insurance are there, which is which are for the doctors. The insurance is been also, you know, uh, given to hospitals because most of the hospitals are covered under insurance, not most, all right. If we can, uh, you know, try to understand this one with an example. A doctor has medical malpractice insurance. If sued for negligence, the insurance company compensates the doctor. So because it is an indemnity given to a person who suffers loss either due to the promiser or by any other person. So either the patient also, if, for example, suffers any kind of health issues due to the negligence of the doctor, then he will be, you know, given insurance, and that incidence, uh, may be, or we can say the compensation may be given by the whom? By the, uh, hospital. So, for example, one doctor committed some negligence and something happened to a patient, then the hospital comes forward to save the, you know, patient, and the patient will be compensated. So that is called contract of indemnity. Insurance companies are there, that if the hospital suffers any loss due to due to some incidents, due to act of the parties, due to some reasons, due to the doctors, due to the patient, or due to somebody else, insurance company is there to insure the hospitals. So also the doctors as well. So that's why the hospitals are covered by insurance. That's why the doctors are being covered by the insurance, right? Because we are even we are working here. We are being insured by our university. The students are being insured by the insurance company, and the insurance being given by provided by our university. So this is called indemnity. For example, tomorrow, if some students, you know, get injured. So he is being, because he is being insured by a company, the end, the insurance was bought by whom? Not by the university. So he will be insured. I will give some example that we have a tie-up with Bajaj's hospital. So this is how the indemnity contract of indemnity is being implemented or working.

So as I, uh, told you that yesterday we have dealt with the, uh, indemnity, and what is the, what is the meaning of indemnity? Then section 124, I have, uh, discussed nature of contract of indemnity, right? Let me share the PPT. Hope it is visible to all of you. Okay. So now, as I said, key, we have yesterday we have discussed about the, the meaning of indemnity, the meaning of indemnity under English law and Indian law. Then what contract act, how contract act defines the contract of indemnity under section 124. Then we, uh, discussed about the law commission's recommendations, and then how a contract, though indemnity, uh, though indemnity contracts are not, you know, uh, implied indemnity contracts are not recognized, but in certain cases, they are recognized by Indian contract, and what are those implied contracts? We have discussed yesterday. We have discussed even two, three bank, sorry, two, three case laws as well. Then we also discussed about how we can distinguish between indemnity and damages, because they both, the both terms are completely different from each other. Okay. So now, as I said, key, indemnity and damages are, damages are the reparation or effect of, effect of what? Effect of breach of a contract. Whereas indemnity is a contract itself. Indemnity is a contract itself. So by which, you know, a party promises to other, he will save him from the loss if at all incurs incurred by him. So in that, we have discussed about Malayalam banking versus Basrudin bin Ahmed Khan as well. Okay.

Now, next one is, we have discussed of validity of indemnity, guarantee. Indemnity and insurance. As I said, indemnity is nothing but except marine insurance, other insurances are being covered by indemnity contract of indemnity. And the insurance, uh, sorry, the validity of indemnity agreement. As we said, key, indemnity contract is a specific contract. So all the essentials of a valid contract are to be met with, like there should be an offer and acceptance. There should be the, the party should be competent to enter into a contract of indemnity. Then second is the, they, the party should give the, give the free consent to the contract, and the indemnity contract should be based on, uh, sorry, legal object and legal consideration, and so also both the parties should not be barred by or prohibited by any law in existence to enter into any contract. And most importantly, a third, no third person or stranger to the contract of indemnity cannot sue the indemnifier due to the principle of privity of contract. So he cannot. But you can ask me one question is that how the, what do you say, uh, the insurance company is liable to a person who is not a contracting party? For example, I bought insurance for life insurance, I have bought. So after my death, so who is the contracting party? Myself and the insurance company. Now, the insurance, if I die, then my beneficiaries or my nominees will get the money. If the insurance company fails to pay the money, then ultimately the LR or the nominees can file a case against the insurance company. So simply say, insurance company can say, you are a stranger to the contract. You were not the insurance parties, or you are not party to the insurance. So in such case, we can say that because they are the beneficiary party, though they are a stranger, but if the contract is for their benefit, then they become a party to the contract, right? So they can exercise the right to claim for the incidences.

Then we talked about indemnity for defending criminal procedure or proceedings. What is it? It means that, for example, I entered into contract with the Mr. A, and I said, key, if you kidnap Mr. kidnap Mr. B, and if at all you are being caught by police, then I will pay you to get the bail, and I failed to pay that. I didn't pay. He was caught by police. He was behind the bar. Now he is asking me to pay the money because I promised him. Now, will it be enforceable by law? No. It is a kind of indemnity contract, but it is not a contract. Why? Because it is based on illegal object. So if at all any kind of illegal object is involved in a contract of indemnity, that that contract will be void in nature. We discussed yesterday, enforceability of contract of indemnity, that yesterday we discussed that the question whether the liability of indemnifier commences only when the indemnified has actually suffered the loss. We discussed this one. So what do you mean by this? The meaning of this one is that, for example, you have the indemnity holder, because we know that there are two parties, indemnifier and indemnity holder. Now, indemnifier is the promiser who promises to the indemnified or otherwise called as indemnity holder that if he suffers loss, then he will compensate him. Clear? Now, in such case, for example, the indemnity holder says, by, I need the, you know, uh, compensation before I suffer the loss. So in such case, whether the indemnity holder is entitled for such compensation before he suffers any loss? Then we have seen in certain cases, the law simply said, no, you are unable, you can't. You cannot ask for what? Ask for compensation before you suffer the loss, right? In which case, in Shankar Nima Maj versus Lakshman Subdule. Here, simply the court said, no, you can't, right? But in another case, yesterday only we discussed that in Gajan Moreser versus Moresar Madan, where it was held by the court that yes, he, the indemnity holder can, indemnity holder can ask for compensation before he suffers loss. Why? Because there is no other, you know, there is no alternative. There is no alternative except to ask for the compensation because the plaintiff knows very well, the indemnity holder knows very well that he is going to surely, he's going to suffer the loss, either after keen observation of the plaintiff or the promiser, or by any other person from whom he is going to get any kind of benefit. If he thinks that there is no chance to get such benefit, or he is very sure that he is going to suffer loss, in such case, the indemnity holder can ask for compensation before he suffers loss. Yesterday, we discussed this one.

Now, second one is that right of the indemnity holder. Now, who is the indemnity holder? Indemnity holder is the promissee in favor of whom this contract has been made, that the promiser or the indemnifier will indemnify him. So what are the rights of a indemnity holder? Section 125 of the A talks about the rights of the indemnity holder. So it says that what are the rights? The right, first right is right to recover damages. Right to recover damages. What is that? That he, the indemnity holder, is entitled to recover all damages which he might have been compelled to pay in any suit in respect of any matter covered by the contract. That means, if a contracting party due to some reason has filed a case, he is involved in a legal, uh, uh, legal matter, and in such matter, he has been assured by the indemnifier that he will pay all the money that he will, you know, he will he will make the expenses, or he will spend, he will spend. So in such case, whatever expense that he incurs, all will be compensated by the indemnifier. You can ask me, ma'am, where such case, where such case happens, or what are the instances of such case? For example, an agent who started a case or litigation in favor of the PL of his principal, um, against the third party. In the absence of the principal, he has to incur certain losses and losses. What is the loss is that if he has spent something from his pocket, obviously it is a loss for him. Sometime it happens, key, he has to spend money for compromise with the other party, with the third party, or with the litigation party, then all these expenses that were met by the indemnity holder during such, or in respect of such suit, then he will be compensated by the promiser. Second, right to recover costs. He is entitled to recover all costs incidental to the institution and defending the suit. As I said, sometime it happens, a person is fighting on behalf of an institution. Sometime it happens, key, a representative of of an association or of a group of people. If he fights and he institutes a case where he spends money, he suffers less loss, then he has to be indemnified by others, on whose behalf he files, or or who started this suit. Then the next right is right to recover sums paid under compromise. So now, the party is entitled to recover all amounts which he had paid under the terms of compromise. If the agent, for example, makes any kind of compromise, and he has to pay certain amount for that, then the compensation must not be against the directions of the indemnifier. It must be prudent and authorized by the indemnifier. So he has to be compensated by the indemnifier. Now, indemnifier is the indemnity hold, sorry, is the promiser. Next one is right to sue for specific performance. Now, what is this? Indemnity holder is entitled sue for specific performance if he has incurred absolute liability and the correct cover covers such liability. Sorry, contract covers such liability. Now, the promise in a contract of indemnity, acting within the scope is authority, is entitled to recover from the promiser. Sometime it happens in a partnership firm. Some people, they, uh, they start a business together. We know what is a partnership firm. So all the partners of working there. For example, one partner who on behalf of others, uh, sues a person or a third party who has breached, uh, some contract or something, some litigation has started, and one of the partner who has taken this initiation, who is working for the, for the, uh, partnership firm, then he is entitled to sue for a specific purpose. What do you mean by that? For example, he has acted for the partnership firm, and by doing so, he, they have entered into contract that, for example, he has, uh, he will incur all the expenses, but later on, he has to be, he has to be, uh, compensated, or sometime it happens, for example, a contract has been entered into, but one of the party has denied to perform the contract, then in such case, he can sue for a specific performance of the contract. So in such case, the promissee who acts for the others, who acts for the partnership firm, or if he has started a contract for the specific performance of the contract, sorry, he has started a litigation, or he has he has sued against a third party for the specific performance of contract, while doing so, if he incurs any loss, then the other parties, or the promise, what do you say, the partners of the partnership firm are to compensate him, then all damages which he may be compelled to pay in any suit in respect of any matter to which promise to indemnity applies, as I said earlier, if at all any damage is caused to him while compromising with the third party on behalf of others, if the promise suffers any loss, then he will be compensated. He has to be indemnified. Right? So the right to indemnity cannot be claimed for dishonesty. Right? So he has, or he should, he should for, you know, to exercise this, uh, the right to exercise his right to get indemnified, he has to act honestly. He has to walk in a good faith. Okay. So as we said that the right of the indemnity holder has been defined under 125 of Indian Contract Act, and the rights which has been conferred to him are those rights which has been, and put to him by other party, that if he does it for the other party, if he does it for the promiser, then the promiser has to indemnify him. Mostly it is dealing with the cases that are being dealt by the promissee on behalf of the promiser, then he is entitled for compensation. He is entitled for indemnity.

The next thing is that, what are the rights of a indemnifier? What are the rights of an indemnifier? The provision is very, very quite silent of the indemnifier. The rights of indemnifier, as if the indemnifier has no right, but only liability towards the indemnified, indemnified, indemnified, or indemnity holder. So that means the indemnifier, or the promiser, has not been given any right. So all the rights have been given to the indemnity holder only. Now, the provision of Indian Contract Act, though quite silent about, uh, the rights of indemnifier, but one right has been conferred to the indemnifier, right, which has been mentioned under section 141 of the Internal Contract Act, which says that the rights of surety, security. Now, in the next class, we are going to deal with who is a security. We are going to deal with the contract of guarantee, where we are going to deal with this word surety. So now, what are the rights of surety? The that are being dealt under contract of guarantee under section 141, and here in contract of indemnity, we recognize the rights of indemnifier as of the right of the surety, that of the right of the surety, rights of the surety. Now, what are those rights of a surety? The first and foremost right of a, an indemnifier is that if the surety has paid off the loan or the debt of the principal, then the surety enters in the shoes of the creditor. What do you mean by that? That means he will be placed himself in the place of creditor. Now, the principal debtor who has borrowed money from a creditor, because he failed to pay the money, so the surety or the guarantor paid the money. Now, the creditor's rules is removed, or what do you say, uh, why, uh, completely it is vanished, or creditor's creditor is completely, he will be out of the scene, out of the contract. Now, the surety will be in the place of, he will go to the place of creditor. Now, for the principal debtor, who is the creditor? The surety. Why? Because the surety has paid the creditor, whose, sorry, paid the loan amount that has been taken by the principal debtor. So because the principal, principal debtor's debt is being paid off by the credit, by the, by the surety, now surety will become a creditor for the principal debtor. Now, the principal debtor has to pay the amount, or the loan amount, which was paid by the surety, with interest. Okay. Or else, before he is being indemnified, that is also indemnification, because surety suffers loss because of principal debtor by paying off the loan amount to the creditor. So he has to be indemnified by the principal debtor. So that's why the right of the surety is, is being compensated by the principal debtor. So also here, the indemnifier's right is being recognized under 141. What do you mean by that? Again, now the surety will be paid later, will be compensated later. But if the creditor, if the principal debtor has taken money, borrowed money from a creditor by giving some security, by security means what? Security means either he has played something, we take a gold loan by depositing our gold, by giving our movable properties to someone to get a loan. So they are securities. Now, once the surety pays off the loan on behalf of the principal debtor, then he is entitled for the securities' right. So the same principle applies here. This is called principle of subrogation. Right? This is called this, you know, entering into the shoes of the creditor, or to put the indemnifier in the place of the creditor, or the surety who puts himself in the place of the creditor is called subrogation. Means this is this is based on a principle which is called principle of subrogation. So this kind of, you know, principles are based on equity, justice, and good conscience, and contract contains no provision in controversy with the, you know, uh, with any other law which doesn't believe in compensating the indemnifier as well, or we can say not protecting the rights of the indemnifier. So if the indemnifier makes good to the loss of the indemnity holder, then he has to be also indemnified, like we have discussed in Jarvis Adamson and Jarvis case. See, the person who pays something on from his own pocket, the other has to indemnify him. So in this logical state of things, if we read section 141, which deals with the rights of surety, we can easily conclude that an indemnifier's right would also be same as that of the surety. So later, in any way, he will be indemnified. Okay. So this is all about your contract of guarantee, sorry, contract of indemnity. So later, we will discuss the contract of, what do you say, uh, guarantee, and if anybody have any kind of doubt, please let me know, or else in the next Saturday, we are going to deal with the contract of guarantee, and that that is also very, very important. See, as the general principles of contract was very important for you, so also the contract of the special contracts as well, because if you, you know, somebody, if you can't relate to this one, if you are unable to understand the concept, then it will be very difficult for you, because we are in future, we are going to deal with the partnership act and sale of goods act, which are again based on contract, the law of contract only. So today, with this, we have concluded the contract of indemnity. The first module of special contracts. Okay. The next module will be on guarantee, and then vement, and then pledge, and after that, it will be agency. Then we are going to deal with partnership act and sell. So, so many things are there to deal with, and please, because it's very huge course, it's a lengthy course, uh, rather I will say, because it has been included three to four acts, so please try to understand, uh, the concept of general principles of contract, special contracts, and a, wherever you feel any kind of, you know, um, that somewhere you are unable to understand any concept, any law relating to general principles of contract or special contracts, please ask me, and please be attentive in the class, try to learn, because these laws are for your benefit only. Thank you very much. And yes, of course, if any questions are there, you're most welcome to ask. Ravi. Yes, ma'am. Thank you so much. Yeah. Thank you, everybody. Yes. Thank you, ma'am. Have a nice day. Thank you. Nice day.