R V Sankpal & Associates

17/05/2026

21/04/2026

*RIGHTS THAT WITNESSES HAVE
WITNESS PROTECTION SCHEME, 2018*

Witness Protection Scheme, 2018 provides for protection of witnesses based on the threat assessment and protection measures inter alia include protection/change of identity of witnesses, their relocation, installation of security devices at the residence of witnesses, usage of specially designed Court rooms, etc.

The Scheme provides for three categories of witness as per threat perception:

Category ‘A’: Where the threat extends to life of witness or his family members, during investigation/trial or thereafter.

Category ‘B’: Where the threat extends to safety, reputation or property of the witness or his family members, during the investigation/trial or thereafter.

Category ‘C’: Where the threat is moderate and extends to harassment or intimidation of the witness or his family member’s, reputation or property, during the investigation/trial or thereafter.

Need for witness protection scheme
The witness protection scheme is necessary to encourage the witnesses to produce testimony in the court without the fear of being killed or tortured while helping the court in deciding the case.

Importance of Witness

A witness is the one with the first hand information of the crime committed and plays a huge role in the investigation process as well revealing the truth behind the circumstances that led to the crime. They help the court by clarifying what happened at the crime scene and all other details they know of the crime, all of which is relevant to the case and assist the judge in deciding criminal matters.

Threats to the Witnesses
There are certain types of threats associated with witnesses:
1. Forcing the witness to testify false information, or not testify at all.
2. Offering bribe to a witness in monetary or non monetary terms.
3. Threatening a witness with physical harm or personal property damage.
4. Threatening to kill or harm the family members of the witness.
5. Making arrangements to prevent a witness from reaching the court for proceedings.
All these probable threats pose an issue with the witnesses not ready to testify in a court, thus, provisions to protect these witnesses from any harm whatsoever are to be formulated.
Incidents involving a threat to witnesses

*VYAPAM SCAM*

A medical entrance examination scam was unearthed in Madhya Pradesh in 2013 where 13 entrance exams were conducted for admission to various professional courses. The candidates who applied for the examinations were replaced by meritorious medical students or medical practitioners impersonating as candidates in exchange of monetary benefits.
The investigating officers that were involved in the case along with the whistleblowers on whose information the investigation was carried out received threats from those involved in the scam. Around 23 whistleblowers while getting details of the scam. These whistleblowers are secret detectives of police authorities that are entrusted with providing details of any illegal activity being carried out in their local area. In this case, these whistleblowers would have been presented in court as witnesses but they were killed before anything could be testified in court.

*ASARAM BAPU CASE*

Self styled godman, Asaram Bapu resided in his ashram as a devotee to god and messenger of divine powers on Earth. He was accused of several r**e charges by the women who visited him for prayers but were instead forced into submission by him for sexual favours. The witnesses in the case involved all the women who were r**ed by him. These witnesses received threats by his men along with his followers. The investigating officers were also threatened to stop the investigation or would be subjected to dire consequences.

17/04/2026

✅ *LIST OF DOCTRINES WITH SECTIONS - THE INDIAN CONTRACT ACT, 1872*

◾ *Doctrine of Fundamental Breach of Contract (Standard form of Contract)*
- Every contract contains a fundamental obligation which must be performed. If a party fails to perform this obligation, it amounts to a breach of contract even if an exemption clause exists.

◾ *Theory of First Information (General Offer)*
- When information sought in a general offer is supplied by many persons, the theory of first information applies. The person who first provides the information is entitled to the reward.

◾ *Privity of Consideration (Consideration)*
- Consideration may be given by the promisee or by any other person. It is not mandatory that consideration must move only from the promisee.

◾ *Rule of Ejusdem Generis (Consideration)*
- When general words follow specific words in a contract, the general words are interpreted in the context of the specific words.

◾*Nudum Pactum (Obiter Non Action) (Consideration)*
- No cause of action arises out of a naked contract, meaning an agreement without consideration is not enforceable.

◾*Doctrine of Unjust Enrichment (Quasi Contract)*
- Law and justice aim to prevent one person from being unjustly enriched at the cost of another.

◾*Nemo Debet Locupletari Ex Aliena Jactura (Quasi Contract)*
- No person should grow rich at the expense of another person’s loss.

◾*Quid Pro Quo Section 2(g)*
- It means “something for something.” Consideration must involve mutual exchange.

◾*Doctrine of Promissory Estoppel (Reliance Theory) (Section 2(d)*
- When a person makes a promise and another person relies on it and acts upon it, the promisor cannot go back on the promise.

◾ *Quod Ab Initio Non Valet, In Tractu Temporis Non Convalescit Section 2(g)*
- What is void from the beginning does not become valid with the passage of time.

◾ *Postal Rule (Section 4)*
- When parties are at a distance and communicate by post or telegram, the contract is complete as soon as the acceptor posts the letter of acceptance. Once posted, the acceptor cannot revoke it.

◾ *Mirror Rule (Section 7(1)*
- Acceptance must be absolute and unqualified. It should exactly match the terms of the proposal without any variation.

◾ *Sub Silentio (Section 9)*
- Under silence, consent cannot be presumed unless the circumstances indicate otherwise.

◾ *Doctrine of Restitution (Section 11)*
- A person who has obtained any benefit must restore it when the contract becomes void or unenforceable.

◾ *Consensus Ad Idem Rule (Section 13)*
- Two or more persons are said to consent when they agree upon the same thing in the same sense.

◾ *Assentio Mentium (Section 10)*
- This doctrine refers to the meeting of minds, which is essential for a valid contract.

◾ *Non Est Factum (Section 15)*
- It means “it is not his deed.” A person is not bound by a document if it was signed without understanding its nature.

◾ *Caveat Emptor (Section 17)*
- It means “let the buyer beware.” The buyer must examine the goods before purchasing.

◾ *Suppressio Veri and Suggestio Falsi (Section 17)*
- Concealment of truth or suggestion of falsehood amounts to fraud.

◾ *Qui Tacet Consentire Videtur (Section 17)*
- A person who remains silent appears to consent.

◾ *Ex Dolo Malo Non Oritur Actio (Sections 17 & 23)*
- No right of action can arise out of fraud.

◾ *Ex Turpi Causa Non Oritur Actio (Section 23)*
- No action can arise from an illegal act.

◾ *Blue Pencil Rule ( Linked with Sections 24, 57 & 58)*
- If the illegal part of a contract can be separated from the legal part, the valid portion may be enforced while rejecting the invalid part.

◾ *Rule of Nudum Pactum (Section 25)*
- An agreement without consideration is void.

◾ *Ex N**o Pacto Non Oritur Actio (Section 25)*
- No action arises from a contract without consideration.

◾ *Conventio Privatorum Non Potest Publico Juri Derogare (Section 28)*
- An agreement between private individuals cannot override public law.

◾ *Principle of Contribution (Section 43)*
- When one joint promisor is compelled to perform the whole promise, he may require the other joint promisors to contribute equally.

◾ *Doctrine of Frustration (Section 56)*
- When the performance of a contract becomes impossible due to unforeseen events, the contract is frustrated.

◾ *Actus Dei Nemini Facit Injuriam (Section 56)*
- Law holds no person responsible for the act of God.

◾ *Lex Non Cogit Ad Impossibilia (Section 56)*
- The law does not compel a person to do what is impossible.

◾ *Impossibilium Nulla Obligatio Est (Section 56)*
- There is no obligation to perform an impossible act.

◾ *Impotentia Excusat Legem (Section 56)*
- Impossibility is a valid excuse under law.

◾ *Lex Neminem Cogit Ad Vana Seu Impossibilia (Section 56)*
- The law does not compel anyone to do vain or impossible acts.

◾ *Mutatis Mutandis (Section 62)*
- It means “with necessary changes.”

◾ *Theory of Accord and Satisfaction (Section 63)*
- A promisee may accept any satisfaction instead of performance of the promise.

◾ *Theory of Quantum Meruit (Section 70)*
- A person is entitled to reasonable remuneration for the work done when a contract is partially performed.

◾ *Actiones Legis (Section 73)*
- This doctrine refers to law suits.

◾ *Principle of Subrogation (Section 140)*
- When a surety makes payment on behalf of the principal debtor, he acquires all the rights of the creditor against the principal debtor.

◾ *Delegatus Non Potest Delegare (Section 190)*
- A delegate cannot further delegate his authority.

◾ *Doctrine of Relation Back (Section 197)*
- Ratification relates back to the date of the original act and not to the date of ratification.

◾ *Qui Facit Per Alium Facit Per Se (Section 222)*
- He who acts through another is deemed to act himself.

05/04/2026

*Types of FIR in Criminal Law*

1. *Zero FIR*

*Can be filed at any police station, regardless of where the incident occurred.*
• Police *cannot refuse to register it*
• Later transferred to the *appropriate jurisdiction*
• Useful in *urgent situations like accidents, sexual offences, or missing persons cases.*

2. *Regular FIR*
Filed at the *police station having proper territorial jurisdiction.*
• Initiates the *formal investigation process*
• Forms the *foundation of criminal proceedings*

3. *Counter FIR*
Filed by the *opposite party in the same incident, presenting their own version of events*.
• *Common in disputes, fights, or road rage cases.*

4. *Cross FIR*

*Two FIRs* arising from the same incident but filed by different parties from different perspectives.
• Helps authorities examine both sides of the story.

5. *Multiple FIR (Exceptional Cases)*
Permitted only when new facts or distinct offences emerge.
• Not allowed if the facts are identical
• Courts have laid down strict guidelines to prevent misuse

06/03/2026

Hello advocate friends of Maharashtra and Goa,

It's time to send an efficient representative to the bar council of Maharashtra and Goa on 24/03/2026.

Voting time 9 am to 6 pm.