POSSIBLE QUESTIONS WITH ANSWERS Whether it is wrongful amounting to tort or not, is to be decided by the

1st Semester 2021, P.V - [Law of Torts, M.V.Act & Consumer Court.
Protection Laws] 2. Injuria(Legal Damage): To constitute tort, there must exist Ínjuria”
Q.1. Define Tort. Explain its meaning. which means infringement or violation of a legal right. The plaintiff has to
Ans: The expression ‘Tort’ is of French Origin. It is derived from the Latin prove that his legal right is infringed due to the act of defendant. The
word ‘Tortum’, which means ‘twisted’ or a ‘crooked act’ i.e. deviation from concept of “Injuria” or legal damage can be explained through the following
straight or right conduct. It is equivalent of the English word ‘wrong’. The two maxims. A. Injuria sine damno; and B. Damnum sine Injuria.
expression ‘wrong’ is of two kinds, namely; (i) Public wrong; and (ii) Private 3. Legal Remedy: The third ingredient of tort is that the wrongful act
wrong. All acts, which are identified to be punishable under the Indian complained of must be such that it gives rise to a legal remedy in the form
Penal Code, 1860 are called offences (Sec.40, I.P.C.) or crimes or public of civil action for damages. It is enshrined in the latin maxim”Ubi Jus Ibi
wrongs and are tried in Criminal Courts. The rest are called private wrongs remedium” that there is no wrong without a remedy. Thus, legal wrong and
and are tried in Civil Courts. Therefore tort is a civil wrong and is tried in legal remedies are correlative. The principal remedy in tort is unliquidated
Civil Court. Further, wrong takes place in two ways, viz. (i) Commission of damages. However there are other remedies in tort viz.injuction,
an act, i.e. Negligent operation/surgery by a doctor, causing the death of a abatement, restitution of property etc.
patient; and (ii) Omission of an act, i.e. omission or failure to give medicine
by a nurse, causing the death of patient. The term ‘tort’ literally means “a Q.4.Discuss Damnum sine Injuria and Injuria sine Damnum.
wrongful act committed by a person, causing injury or damage to another, Ans: Damnum sine Injuria is a legal maxim which refers to as damages
thereby the injured institutes (Files) an action in Civil Court for a remedy, without injury or damages in which there is no infringement of any legal
viz., unliquidated damages or injunction or restitution of property or other right which are vested with the plaintiff. Since no legal right has been
available relief. According to Prof. Winfield, an eminent authority on the infringed so no action lies in the cases of damnum sine injuria. The
subject, “tortuous liability arises from the breach of a duty primarily fixed by general principle on which this maxim is based upon is that if one
law; this duty is towards persons generally and its breach is redressable by exercises his common or ordinary rights, within reasonable limits, and
an action for unliquidated damages”. Sir John Salmond, a distinguished without infringing other’s legal right; such an exercise does not give rise to
jurist and an eminent brain on the subject defined tort as “ a civil wrong for an action in tort in favour of that other person. Damages can be in any form
which the remedy is common law action for unliquidated damages and either in the form of any substantial harm or loss suffered from respect to
which is not exclusively the breach of contract or the breach of trust or the money, comfort, health, etc. It is an implied principle in law that there
other merely equitable obligation”. are no remedies for any moral wrongs, unless and until any legal right has
been infringed. Even if the act or omission such done by the defendant
was intentional, the Court will not grant any damages to the plaintiff. As
Q.2. Discuss the development of Torts in England & India.
was cited in the case of Mayor & Co. of Bradford vs. Pickles (1895) in
Ans: The subject of ‘Law of Torts’ owes its origin to the Common Law of
which the corporation of Bradford filed a suit against the defendant alleging
England. The object of Law of Torts is to provide relief (Compensation) to
that the act of defendant by digging a well in the adjoining land owned by
the injured whose legal right is infringed. It also helps in the administration
the defendant has cut the underground supply of water in the corporation’s
of criminal justice by awarding exemplary damages. The growth and
well hence causing them monetary losses since there was no adequate
development of this branch of law promotes legal know-how among the
supply of water to discharge for the people living under the jurisdiction of
people.
the corporation. It was held that the defendant is not liable since they had
The subject ‘Law of Torts’ is well-developed and attained great importance
not violated any legal right of the plaintiff. The court presumes in cases
in U.K., U.S., and other advanced countries. But in India, it is in the
where the legal right has been infringed that damages have to be
process of development and adaptation to the changing conditions. The
awarded, but in cases where no legal right has been infringed, the maxim
reason is, we lag behind triple activism i.e. the activism in people, activism
Damnum sine Injuria applies & no remedies are available for the same. So,
in judiciary and activism i.e. the activism in people, activism in judiciary and
it can be rightly said that an act which is lawfully or legally done, without
activism in the legislature. In England and other advanced countries,
negligence, & in the exercise of a legal right, such damages as comes to
people approach Courts even for simple cause. For instance, power cut for
another thereby is damage without injury.
a few hours (S.C.M. (U.K.) Ltd. Vs. W.J.Whittal and Son). But in India,
owing to poverty, illiteracy, spirit of toleration and the lack of legal know-
how the people are reluctant to approach the Courts. With regard to the
activism in judiciary (Judiciary Activism), in England, the administration of Injuria sine Damnum is a violation of a legal right without causing any
justice is inexpensive (cheap) and the cases are disposed of within a harm, loss or damage to the plaintiff and whenever any legal right is
maximum period of one year. But in India, the number of the Courts and infringed, the person in whom the right is vested is entitled to bring an
judicial officers is very limited and the cost of litigation is highly expensive action. Every person has an absolute right to his property, to the immunity
(Court fee and Advocate’s fee are very high). Further there is inordinate of his person, and to his liberty & infringement of this right is actionable per
delay in disposal of cases and hence lakhs of cases are pending before se. A person against whom the legal right has been infringed has a cause
the Supreme Court, High Court and the subordinate Courts. The Court in of action such that even a violation of any legal right knowingly brings the
England play vital role in interpretation of law and evolve new rules for cause of action. The law even gives the liberty that if a person merely has
settlement of the disputes. a threat of infringement of a legal right even without the injury being
With regard to the activism in legislature, in England, the British Parliament completed, the person whose right has been threatened can bring a suit
passes legislations well in advance wherever necessary. But there are no under the provisions of Specific Relief Act under Declaration and
such legislations in India. It is noted that the law of Torts is not codified. In injunction. For Example:- If a person is wrongfully detained against his will,
England, nearly 60% of this branch of law has been codified. In India, it he will have a claim for substantial damages for wrongful imprisonment
has not been completely codified. However, the process of codification is even if no consequential loss was suffered on the detention. Injuria sine
not neglected completely, since the Indian Parliament, from time to time Damno is even applicable in the cases of trespass as was observed in the
has enacted many acts so as to make the law of Torts clear and certain. In case of Sain Das Vs. Ujagar Singh (1940) that nominal damages are
view of the landmark decision of the Supreme Court in PIL Cases by virtue usually awarded and the principle of injuria sine damno is applicable to an
of the power conferred under Article 32 of the constitution and the initiative immovable property when there has been an unjustifiable intrusion on the
taken by the Indian Parliament is passing legislation (as in Bhopal Gas property in possession of another. It was also concluded that the rule
Leak Disaster) in future also, we are hopeful of the growth and cannot be extended to every case of attachment of property irrespective of
development of the Law of Torts in India. the circumstances. So in total, the maxim Injuria Sine Damno refers to the
remedies which are provided in the form of damages or compensation in
violation of any legal right such that if the legal right is violated then action
Q.3. Discuss the elements for constitution of Tort. lies even if there is no harm to another. In other words, it is an infringement
Ans: The plaintiff to be successful in his action against the defendant has of a right where no loss is suffered but it creates a cause of action.
to prove the following conditions which are called ingredients of Tort.
1. Wrongful Act: To constitute tort, there must be a wrongful act
committed by the defendant, i.e., the plaintiff has to prove that the
Q.5: (a) Distinguish Tort & Crime : Black Stone defines crime as ‘an act
defendant in guilty of committing a wrongful act. The expression ‘wrongful
committed or omitted in violation of a public law either for bidding or
act’ denotes to commission of an act, which is contrary to law or omission
commanding it’. It is an offence against the public. Eg. Murder, rape, theft
of an act i.e., not doing an act which amounts to breach of a legal duty. For
etc. Following are the main difference between Tort and Crime.1. Tort is a
instance, if a person enters another’s land unauthorized, it is a commission
private wrong, which infringes the legal right of an individual or specific
of an act and amounts to tort of trespass. Similarly if a person omits an
group of individuals but crime is a public wrong, which violates the rights
act, which he is legally bound to do, is said to be an omission of an act or a
and duties of public as a whole. (2) The person, who commits tort is called
breach of duty and amounts to tort. To constitute tort, the act must be
‘tort-feasor’ or ‘Wrong Doer’ but the person who commits crime called
wrongful in the eyes of law and not according to the parties. Sometimes
‘Offender’ or ‘Criminal’. (3) The place of trial in Tort is Civil Court but the
the question may arise that the act complained of is wrongful according to
place of trial in Crime is Criminal Court (or Juvenile Court) (4) The remedy
the plaintiff, while the defendant contends that the act is not wrongful.
in tort is unliquidated damages or other equitable relief to the injured but

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the remedy in crime is to punish the offender by the state. (5) Tort litigation Q.8: (i) ‘Volenti non fit injuria’
is compoundable, i.e. the plaintiff can withdraw the suit filed by him but Where a plaintiff suffers harm voluntarily due to defendant’s act which he
criminal cases are not compoundable. However, Sec.320 Cr.P.C. provides has consented to, and the plaintiff sues the defendant the suit is not
for the compounding of certain offences. actionable. For example if a patient gives his consent to the surgeon to
perform a surgical operation and the operation is not successful, the
surgeon cannot be sued. Similarly consent given by a player in a lawful
game and injury suffered by him. The case of Raman Lamba, a famous
(b)Distinguish Tort & Contract: Sec.2 (h) of the Indian Contract Act, 1872 Cricketer is the best example on this point. Thus harm suffered voluntarily
defines contract as “an agreement enforceable by law”. In a contract, both does not constitute a legal injury and is not actionable in tort. This principle
parties have obligation. If one party fails to fulfill the contractual obligation, is enshrined in a latin maxim ‘Volenti non fit injuria’. It means “no act is
it amounts to “Breach of Contract”. Then, the other party files a suit in the actionable as a tort at the suit of any person who has expressly or impliedly
Civil Court to enforce the agreement. Following are the notable points of assented to it”. The maxim ‘‘Volenti non fit injuria’ is also known as
distinction between Tort and Breach of Contract. (1) The duties in tort are ‘consent’. It is of two kinds namely (i) Express Consent – An express
primarily fixed by the law while in a contract they are fixed by the parties consent is one, which is definitely stated in so many words. Eg. Consent or
themselves; (2) In tort the duty is towards person generally, in contract it is authorization given by a patient or the parent or guardian of a child, to a
towards specific person or persons; (3) The same fact may create surgeon to perform an operation; and (ii) Implied Consent – Where the
alternative liability in tort or in contract; (4) Vindictive or exemplary injury complained of is incidental to the thing consented to it is called
damages are recoverable in tort but not for breach of contract except in an implied consent. Eg. Consent of a player in a lawful game viz. Cricket,
action for breach of promise of marriage; and (5) In tort a main is often Football etc.
held, liable for damages arising from special circumstances of which he
had no knowledge; while in contract if there are special circumstances (ii) Act of God: Act of God is a good defence available to the defendant to
under which a contract was made and they were wholly unknown to the get exemption from liability in tort. It literally means an act of nature
party breaking the contract, he is not liable for damages due solely to those independent of human intervention, which cannot be foreseen by any
special circumstances. amount of human ability and skill, and if foreseen, it cannot be prevented
by any means of human care and skill. Eg. Earth quake, storm, lightning,
Q.6: What is ‘Negligence? Discuss its essentials. heavy rainfall, flood etc. According to Lord. Mansfield, ‘Act of God means
Ans: The term ‘negligence’ means “where a person has a duty to take care something in opposition to the act of man’.
an the care is not taken resulting in injury to another”. In other words,
infliction of an injury or damage as a result of failure to take care is called (iii) Inevitable Accident: By ‘Accident’ we mean sudden occurrence of an
‘negligence’. The tort of negligence may be described as “two in one tort”. event resulting in evil consequences. If the accident was not foreseen and
That is to say- (1) it is an independent tort; and (2) a mode of committing could not be avoided in spite of necessary care and effort on the part of the
certain torts. Independent or specific tort in the sense, the plaintiff can sue defendant it is an inevitable accident. For instance, if the driver of a vehicle
the defendant for the tort of negligence itself. Mode of committing another becomes unconscious suddenly and if the accident occurs, it is an
tort in the sense, when a plaintiff sues for a specific tort viz. defamation, inevitable accident. Sir Frederick Pollock defines, ‘inevitable accident’ as
trespass etc. the plaintiff has to prove the negligence on the part of “an accident which is not avoidable by any such precautions as a
defendant. Negligence was made independent tort in the early 20 th century reasonable man doing such an act, then and there expected to take”. This
in the case, Blyth v. Birmingham Water Works Co. defence is not available if there is negligence on the part of defendant.
Essentials of Negligence – The plaintiff in an action for negligence, has
to prove the following conditions : (1) That the defendant owed a duty of (iv) Statutory Authority: The damage resulting from an act, which the
care towards the plaintiff (Defendant’s duty to take care towards the legislature authorizes or directs to be done, is not actionable even though it
plaintiff) (2) That the defendant committed a breach of such duty (Breach would otherwise be a tort. When an act is done under the authority of an
of Duty by the Defendant); and (3) That the plaintiff suffered damage as a Act, it is complete defence and the injured party has to remedy except for
consequence thereof (i.e. proximate damage). claiming such compensation as may have been provided by the statute.
Immunity under statutory authority is not only for that harm which is
Q.7: What is contributory Negligence? How far contributory obvious, but also for that harm which is incidental to the exercise of such
negligence is a defence. authority. Therefore, if a railway line is constructed, there may be
Ans: Contributory Negligence-The expression ‘Contributory Negligence’ interference with private land. When the trains are run there may also be
literally means an act of negligence in which both the defendant and the some incidental harm due to noise, vibration, smoke, emission of sparks,
plaintiff are contributors. That is both of them have equally or etc. No action can lie either for interference with the land or for incidental
proportionately contributed for the commission of a negligent act. A harm, except for payment of such compensation which the Act itself may
pedestrian suddenly crosses the road in spite of observing an approaching have provided.
lorry at a high speed and accident occurs, both the lorry driver and the
pedestrian have contributed for the commission of the accident. The Q.9. Discuss the doctrine of vicarious liability with reference to
doctrine of ‘Contributory Negligence’ may be defined as negligence in not Master and servant.
avoiding the consequences arising from the negligence of some other Ans: Vicarious liability means the liability of a person for an act committed
person, when means and opportunity are afforded to do so. The rule of by another person and such liability arises due to the nature of the relation
contributory negligence was laid down by lord Ellenborough C.J. in the between the two. For e.g. A, is a driver who works for B and while driving
case of: Butterfield v. Forester (`1809) 11 East 60 (Imp. For Part C). B’s car for taking him to his office, he hits C, a pedestrian due to his
Contributory Negligence is a defence: The question in contributory negligence in driving. In such a case even though B was not driving the car
negligence is ‘Who caused the accident’? If the accident was caused by (a) he will still be liable for the accident which was caused due to the
the defendant, the plaintiff can recover (substantial) damages in spite of his negligence of A. Vicarious Liability of Master for torts by Servant
own negligence.[Davises v. Mann, (1842)10 M. & W.546]; and Loaches’ In a Master-Servant relationship, the master employs the services of the
case show that this rule still applies if the defendant, by his own servant and he works on the command of master and thus a special
negligence, has prevented himself from avoiding the result of the plaintiff’s relation exists between the two and in case of a tort committed by the
negligence; (b) the plaintiff, he cannot recover (substantial) damages in servant, his master is also held liable.There are many cases in which the
spite of the defendant’s negligence [Butterfield v.. Forrester. (1809)]. (c) servant does an act for his master and thus in law, it is deemed that the
the plaintiff and the defendant, the plaintiff cannot recover (substantial) master was doing that act himself, therefore if the servant commits an
damages [Winfield case, 180]. The act does not alter the existing law as to unlawful act the master will also be held liable for the same. This liability of
determining whether or not there has been contributory negligence; all that the master is based on the following two maxims1.Qui facit per alium
it does is to alter the law as to damages recoverable where contributory facit per se: – It means that whenever a person gets something done by
negligence is established. another person then the person is viewed to be doing such an act
himself.Illustration: If A is the owner of many trucks and employs drivers
to drive them for the purpose of trade and in case one of his drivers gets
into an accident because of his rash driving, then even though A did not
drive the truck himself, he will be liable for the accident.2. Respondent
Superior: – It means that the superior should be held responsible for the
acts done by his subordinate. These two maxims have played a significant
role in the development of the law of vicarious liability of the master.

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Essentials of Vicarious liability in Master-Servant Relationship person over whom the defendant had no control the defendant is not
These essential conditions have to be followed for the vicarious liability of liable.; (6) Act of God-; (7) Statutory authority; (8) Default of plaintiff.
master to arise: –
1. The servant has committed an act which amounts to a tort. Q.12. Examine the rule of Absolute liability.
2. Such a tortious act is committed by the servant during the course of his Ans: The rule of ‘Absolute Liability’ is developed from the rule of ‘Strict
employment under the master. Liability’ evolved by Blackburn J., in 1868 in the case of Rylands vs.
Reasons for liability of the Master Fletcher. The liability of defendant under absolute liability is more when
There are several reasons behind holding the master liable for the acts of compared to the strict liability. Strict liability provides for certain defences to
his servants which are: – the defendant to get exemption from the liability. Whereas, the absolute
liability provides no defences and the defendant has no chance to escape
from the liability. Absolute Liability – Liability irrespective of negligence on
1. An act which is committed by the servant is considered to be
the part of the defendant without defences (M.C.Mehta vs. Union of India,
done by the master through him and therefore in the law of torts,
AIR 1987 SC 1086). The Rule of Absolute Liability was evolved in 1987 by
it is assumed that if any wrong is done by the servant, it has been
P.N. Bhagwati C.J., Supreme Court in M.C.Mehta vs. Union of India. There
committed by his master indirectly and so the master is held
are two leading cases of poisonous gas disaster, leading to the formulation
liable for these wrongs.
of the principle of absolute liability. They are:- (1) Union Carbide
2. The master is in a better financial position as compared to his Corporation vs. Union of India (1986) 2 Com.L.J.169(U.S.) – (Popularly
servant and thus in case of any loss caused by the tortious act of known as Bhopal Gas Leak Disaster Case or Bhopal Gas Tragedy); and
the servant, the master is better suited to pay off the damages to (2) M.C.Mehta and Another vs. Shri Ram Food and Fertilizer Industries
the victim of the act. Also, since the master is made liable he and others, AIR 1987 SC 965 (Oleum Gas leak Case).
makes sure that all reasonable care and precautions are carried The Rule of Absolute Liability- The rule of ‘absolute liability, which is a
so that he can avoid such liability. more stringent rule of strict liability as laid down by the Supreme Court in:
M.C.Mehta and Another vs. Shri Ram Food and Fertilizer Industries and
3. When a servant does any act, the benefit from such an act is Others, AIR 1987 SC 965 (Popularly known as ‘Oleum Gas Leak Case’).
enjoyed by the master and thus for the liability arising out of the Fact of the case : Shri Ram Food and Fertilizer Industries is a subsidiary of
servant’s act, the master should also shoulder that liability. Delhi Cloth Mills Ltd., located in a thickly populated area of Delhi. On
4.12.1985 there was a leakage of Oleum Gas from the Sulphuric Acid
Plant resulting in the death of an advocate in the Thees Hazari Court and
Q.10. Discuss in brief the “Remoteness of damages”. injuries to several others. The petitioner, M.C. Mehta, an Advocate,
Ans: When a trot is committed, the injury may be proximate or too remote. Supreme Court filed public interest litigation petition in the Supreme Court
Law provides remedy to injured if the injury is proximate and not for the under Art. 32 of the Constitution. The petitioner in his petition requested
injury which is too remote. For instance: A beats B slightly with a hand the court to direct the Government to take necessary steps to avoid such
stick. If B is slightly injured, the injury is proximate, for which A is laible. leakages from the industries engaged in dangerous and hazardous
Suppose B dies, the injury is too remote for which A cannot be made liable. manufacturing processes. In this case the Supreme Court held that
The doctrine of “Remoteness of Damage” is enshrined in the latin maxim whoever undertakes hazardous and inherently dangerous manufacturing
“Injure non remota causa sed proxima spectator” which means in law, the process must be in a position to face potentially, any kind/sort of
immediate, not the remote, cause of any event is to be considered. This consequences and to meet the liability without pleading any defence under
doctrine is also known as ‘the Doctrine of Natural and probable strict liability. The rule is not subject to any exceptions under the rule in
consequence. Test of Remoteness: - To determine whether the injury is Rylands vs. Fletcher. After formulating this rule, the Supreme Court
proximate or too remote, the court adopts the following two tests (1) Test of directed the petitioners to file actions in the appropriate courts within two
Foreseeability – According to this test, if the defendant’s wrongful act months to claim compensation on behalf of the victims of the gas leakage.
results in such consequences, which a reasonable or prudent man could
foresee, they are regarded as proximate and then the defendant is held
liable. According to test of foreseeability, a reasonable or prudent man can Q.13. (i) Assault: Assault means laying of hands or an attempt to do a
foresee/except the consequences of an act. (2) The test of Directness – corporal hurt to another, by using some force without any lawful
According to this test, the defendant is held liable for all the consequences justification. Assault is an offence under Section 315 of Indian Penal Code.
as a result of the tort committed by him. It is immaterial whether a It may be defined as ‘the unlawful laying of hands on another or an attempt
reasonable or prudent man could have foreseen such consequences or to do a corporal hurt to another, coupled with present ability and intention
not. to do the act’. Eg. An attempt to beat; pointing a loaded gun. To constitute
‘Assault’ the following conditions are to be satisfied: (1) Threat of Force or
Q.11: What is strict liability? Explain the rule in Rylands V. Fletcher. violence- To constitute assault there must be an act involving some bodily
What are the exceptions to this Rule? movement of gesture causing threat of force on the part of the defendant.
Ans: There are certain circumstances in which a person is made liable Mere words however insulting may be would not amount to assault.; (2)
without any fault or intention or negligence on his part. The liability arises Reasonable apprehension of such force- The gesture or preparation on the
for breach of duty on his part. Such liability is called ‘Strict Liability’. The part of the defendant should cause reasonable apprehension in the mind of
doctrine of ‘Strict Liability’ was coned for the first time by Blackburn J. in the plaintiff and (3) Defendant’s ability or capability to carry out the threat-
the case of Rylands Vs. Fletcher and hence, it is also known as ‘The Rule The plaintiff has to prove that the defendant is capable of carrying out his
in Rylands Vs.Fletcher’. The liability is strict in the sense; the defendant is threat towards him. Eg – If a weak old man threatens a stronger man to kill
liable irrespective of negligence on his part. Strict liability may be defined him, it is no assault.
as ‘ a duty which renders a man liable without any fault of his and
irrespective of any consideration or intention or negligence on his part. (ii) Battery: The term battery literally means ‘beating’. But the tort of
Fact of the case in Brief: The defendant, Rylands employed an ‘battery’ is not beating alone. It is an intentional application of force to
independent contractor(qualified engineer) for construction of a reservoir another person without any lawful justification. Battery is the completion of
on his land for supply of water to his mill. While constructing the reservoir, assault. Eg. Inflicting pain upon another by beating or falling down,
the workers found some old shafts and passages beneath the reservoir. infliction of heat, light, gas, water causing physical injury. To constitute
They filled them( shafts and passages) with mud and completed the work battery, there must exist actual contact. It is the actual application of force
negligently. When the reservoir got filled with water, it burst through the to the person of another done without justification in rude, angry, insolent
shafts and flooded the plaintiff (Fletcher)’s coal mines on the adjoining or revengeful manner. Battery corresponds to the use of criminal force
land. In an action by plaintiff, the defendant was held liable on the ground under section 350 I.P.C. Followings are the essential ingredients to
of ‘Strict Liability’. According to this rule, “ any person who for his own constitute Battery i.e. 1. Use of Force – To constitute ‘Battery’, there must
purposes, brings on his land and collects and keeps there anything, likely exist the use of force by defendant’s act. Pushing, stabbing, bringing an
to cause mischief if it escapes, must keep it at his peril, and he is prima object in contact with plaintiff’s body would amount to use of force. Infliction
facie answerable for all the damage, which is the natural consequence of of heat, light causing physical injury also will constitute ‘Battery’, 2. The
its escape”. Force should be intentional and without lawful justification – The plaintiff
Exceptions to this Rule: The rule does not apply in the following cases – has to establish that the force applied by the defendants is intentional and
(1) Natural user of property- It is not every sue to which the land is put that without any lawful justification. Further, such use of force must be without
brings into play that principle. It must be some special use bringing with it lawful justification.
increased danger to others, and must not merely be the ordinary use of the
land or such a use as is proper for the general benefit of the community.; Q.14: Define false imprisonment. Discuss its essentials.
(2) Things not essentially dangerous as for instance trees; (3) Volenti non Ans: False Imprisonment means ‘the total restraint of a person’s liberty
fit injuria Harm suffered by the consent of the plaintiff is not actionable. without lawful justification’. Eg. Unlawful arrest or detention, disallowing a
‘This principle of law is known as volenti non fit injruia i.e., what is person to come out of his house etc. The terms ‘false’ and ‘imprisonment’
consented to is not an injury.; (4) Common benefit ; (5) Act of Stranger- are somewhat misleading. Hence, the authors of IPC substituted it with
Where the escape of the dangerous article is caused by the act of third new name ‘Wrongful Confinement’. Prof. Winfield defines ‘False
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imprisonment’ as “the infliction of bodily restraint which is not expressly or acted without reasonable and probable cause; (3) the defendant was
impliedly authorized by the law”. According to Section 340 IPC “whoever actuated with malice; (4) he (plaintiff) was acquitted; (5) he (plaintiff)
wrongfully restrains any person in such a manner as to prevent such suffered damage.
person from proceeding beyond certain circumscribing limits is said (1) Prosecution – The plaintiff has to prove that the defendant instituted a
wrongfully to confine that person”. false criminal proceeding against him before a judicial, quasi-judicial
Essential elements – To constitute ‘Wrongful Confinement the following authority or a tribunal. (2) Without reasonable and probable cause –
ingredients are to be satisfied (1) Total restraint or complete deprivation The plaintiff has to prove that the defendant prosecuted him without
of liberty – The plaintiff has to establish that he was confined or detained reasonable and probable cause. (3) Malice – The plaintiff has to prove that
by the defendant. A person may be wrongfully confined under any one of there was a malicious intention on the part of the defendant in instituting
the following means: (i) Gheroas; (ii) Locking of doors in which the plaintiff criminal proceedings against him. Bhogilal v. Sarojbhen (1979): A agreed
way lying; (iii) Threatening to not to move by pointing a deadly weapon; (iv) to purchase B’s house for Rs.15,000/- and paid an earnest money
By assertion of legal authority (unlawful arrest). To constitute wrongful Rs.2,000/-. Later, it was discovered that the house had already been
confinement (false imprisonment) the period of confinement or length of mortgaged. A filed a criminal case against B for cheating under Section
detention, and the place of confinement is immaterial. But, the condition is 420, IPC and B was discharged. In an action by B against A for malicious
the confinement or detention or restraint must be total. If the restraint is prosecution, it was held that A was not liable as he did not act maliciously.
total, it is wrongful confinement under Section 340 IPC. If it is partial, it is (4) Acquittal or Termination of Criminal Proceedings – The plaintiff has
‘wrongful restraint’ under Section 339 IPC. (2) Without lawful justification to prove that the criminal proceedings against him were terminated and
– To constitute ‘False imprisonment; it is necessary that the restraint or was acquitted. An action for malicious prosecution cannot be maintained if
detention should be unlawful. the plaintiff is convicted. (5) Damage – The plaintiff has to prove that he
Remedies – Following remedies are available to the person, who is has suffered loss or damage or injury as a consequence of the prosecution
wrongfully confined or detained: (1) Damages – The plaintiff who is complained of (by the defendant). The damage may be with reference to
wrongfully confined can bring an action against the defendant for the plaintiff’s person or property or reputation.
damages. (2) Self-help – The person who is wrongfully confined is
authorized to use reasonable force to escape from the detention instead of Q.17. Define Defamation and distinguish between English and Indian
waiting for the legal action. (3) The writ of Habeas Corpus – It is a special Law.
and speedier remedy available to the person who is detained unlawfully. Ans: According to Winfield “Defamation is the publication of a statement
An application of habeas corpus can be made by the person arrested or which tends to lower a person in the estimation of right thinking members
his near or dear in Supreme Court under Article 32 and in High Court of society generally or which tends to make them shun or avoid the
under Article 226 of the Indian Constitution. person”. Defamation is a dual wrong. It is a tort and also a crime under
Section 499 Indian Penal Code.
Q.15: What is nuisance? Discuss its kinds. Defamation is injury to the reputation of a person. If a person injures the
Ans: According to Salmond, the wrong of nuisance consists in causing or reputation of another, he does so at his own risk, as in the case of
allowing without lawful justification, the escape of any deleterious thing interference with the property. A man’s reputation is his property, and if
from his land or from elsewhere into and in possession of plaintiff. possible, more valuable, than other property. English Law: Mainly because
Nuisance as a tort means an unlawful interference with a person’s use or of historical reasons, English law divides actions for defamation into – Libel
enjoyment of land, or some right over, or in connection with it. Acts and Slander. Slander is the publication of a defamatory statement in a
interfering with the comfort, health or safety are the examples of it. The transient form. Examples of it may be spoken by words or gestures. Libel is
interference may be by any way, e.g., noise, vibrations, heat, smoke, representation made in some permanent form e.g., writing, printing,
smell, fumes, water, gas, electricity, excavation or disease producing picture, effigy or statute. In a cinema film, not only the photographic part of
germs. Nuisance should be distinguished from trespass. Trespass is (i) a it is considered to be a libel but also the speech which synchronises with it
direct physical interference, (ii) with the plaintiff’s possession of land,(iii) is also a libel. In Youssoupoff v. M.G.M.Pictures Ltd., in the course of a film
through some materials or tangible object. Both nuisance and trespass are produced by English Company called Metro Goldwyn Mayer Pictures Ltd.,
similar in so far as in either case the plaintiff has to show his possession of a lady Princess Natasha, was shown as having relations of seduction or
land. The two may even coincide, some kinds of nuisance being also rape with the man Rasputin, a man of the worst possible character. Slesser
continuing trespasses. L.J. observed: “There can be no doubt that so far as the photographic part
The following are the ingredients of Nuisance:- (1) There must be of the exhibition is concerned, that is a permanent matter to be seen by the
interference with the use of enjoyment of land or some right over it. (2) The eye, and is the proper subject of an action for libel, if defamatory. I regard
plaintiff must show title to the thing with which interference takes place and the speech which is synchronized with the photographic reproduction and
(3) Damage. forms part of one complex, common exhibition as an ancillary
(1) Public Nuisance – A public or common nuisance is an injury, danger or circumstance, part of the surroundings explaining that which is to be seen.
annoyance to the public generally and an offence against public rights, Section 1 Defamation Act 1952 provides that broadcasting of words by
safety and convenience. Any nuisance is public which materially affects the means of wireless telegraphy shall be treated as publication in permanent
reasonable comfort and convenience of life of a class of subject. The form. Another test which has been suggested for distinguishing libel and
sphere of the nuisance may be described generally as “The neighborhood” slander is that libel is addressed to the eye, slander to the ear. Under
but the question whether the local community within that sphere comprises English law, the distinction between libel and slander is material for two
a sufficient number of persons to constitute a class of the public is a reasons: (1) Under Criminal law, only libel has been recognized as an
question of fact in every case. It is not necessary to prove that every offence Slander is no offence. (2) Under the law of torts, slander is
member of the class has been injuriously affected. It is sufficient to show actionable, save in exceptional cases, only on proof of special damage.
that representative section of the class has been so affected. An isolated Libel is always actionable per se, i.e. without the proof of any damage.
act may amount to a public nuisance if it is done in such circumstances Indian Law: It has been noted above that under English criminal law, a
that the public right to condemn it should be vindicated. The example of distinction is made between libel and slander. There libel is a crime but
public nuisance are keeping of a disorderly inn and a game-house, burning slander is not. Slander is only a civil wrong in England. Criminal law in
lines on one’s own premises, publicly getting of unwholesome provision or India does not make any such distinction between libel and slander. Both
obstructing a highway. libel and slanders are criminal offences under section 499 IPC. It has also
(2) Private nuisance – A private nuisance is on the other hand an injury to been noted above that though libel and slander both are considered as civil
the private rights of a person and to the comfortable occupation of his wrongs, but there is a distinction between the two under English Law. Libel
property. Winfield defines Private nuisances as an unlawful interference is actionable per se but in case of slander, except in certain cases, proof of
with a person’s use or enjoyment of lands, or some right over, or in special damage is required. There has been a controversy whether,
connection with it. Thus we may definer private nuisance as follows: (a) slander like libel, is actionable per se in India, or special damage is
private nuisance is some unauthorized use of a man’s own property required to be proved, as in England. The weight of the authorities is for
causing damage to property of another or some unauthorized interference discarding distinction between libel and slander in India and making
with the property of another causing damage. The law relating to private slander and libel both action per se.
nuisance mainly depends upon the Latin maxim sic uter utalienum – Non
leadas i.e., so use your own property as not to injure others. Q.18. What do you mean by Motor Vehicle?

Q.16: What do you mean by Malicious Prosecution? Ans: A motor vehicle, also known as motorized vehicle or automotive
Ans: Malicious Prosecution means – “a prosecution on some charge of vehicle, is a self-propelled land vehicle, commonly wheeled, that does not
crime, which is willful, wanton or reckless or against the prosecutor’s sense operate on rails (such as trains or trams) and is used for the transportation
of duty and right”. Eg. A makes a false complaint against B that B had of people or cargo.
committed theft with a view to compel B to deliver some property to him The vehicle propulsion is provided by an engine or motor, usually
(A). Here, A is liable for malicious prosecution. an internal combustion engine or an electric motor, or some combination of
Essentials – In an action for malicious prosecution, the plaintiff has to the two, such as hybrid electric vehicles and plug-in hybrids. For legal
prove that: (1) he was prosecuted by the defendant; (2) the defendant purpose, motor vehicles are often identified within a number of vehicle

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classes including cars, buses, motorcycles, off-road vehicles, light The RTO assigns a permanent registration number to your vehicle that you
trucks and regular trucks. These classifications vary according to the legal will not be allowed to change under any circumstance. As soon as you buy
codes of each country. ISO 3833:1977 is the standard for road vehicle the vehicle, the dealer will assign a temporary registration number which is
types, terms and definitions. Generally, to avoid requiring people usually valid for a month. Within one month, you should get a permanent
with disabilities from having to possess an operator's license to use one, or registration number for your vehicle.
requiring tags and insurance, powered wheelchairs will be specifically
excluded by law from being considered motor vehicles. Necessity for registration certificate

As of 2011, there were more than one billion motor vehicles in use in the Vehicle registration is needed for many purposes. The importance of the
world, excluding off-road vehicles and heavy construction equipment. The registration certificate (RC) can be summed up as follows:
US publisher Ward's estimates that as of 2019, there were 1.4 billion motor
vehicles in use in the world.  Proof of Ownership: The RC proves the ownership of the vehicle. The
owner of the vehicle is the name of the person for whom the vehicle is
Q.19. Discuss the procedure for issuance of Driving Licence.
registered as per the RTO records.
Ans: How to apply for a Driver’s License ?
Just learning how to drive doesn’t make one road legal. One has to have a  Legally selling a vehicle: The RC is required if you decide to sell the
license if he wants to drive. This is very important as driving involves many vehicle. Without a valid registration certificate, you do not have the legal
critical aspects like road rules, understanding of signs and symbols and the rights to sell the vehicle or transfer the ownership of the vehicle.
most important, safety of oneself and other drivers. Step One – Apply for  Claiming insurance in case of accidents: In case of an accident, you
a Learning License A permanent driving license isn’t given directly; you will be able to track the driver or the owner of the vehicle through the
get a learner’s license first. This is done to give you time to brush up on vehicle registration details. This helps people in identifying the people
your driving skills and road knowledge. To get a learner’s license you involved in an accident and settle claims peacefully. Transport Ministry
should be 18* years of age or older, should be literate and physically fit. To of India keeps a track of the number of vehicles in the country and
apply for a Learner’s License visit this registering every vehicle helps them get the statistics right.
portal https://sarathi.parivahan.gov.in/sarathiservice/stateSelection.do. On Apart from the above reasons, registering a vehicle is a not a choice but a
the portal one will have to legal requirement in our country. The Motor Vehicles Act, 1988 makes
vehicle registration mandatory in our country. Registration of vehicle falls
under this Act. According to the Act, a person cannot drive a vehicle that is
 Select your state not registered and the registration number should be displayed on the
vehicle at all times.
 Select the learning license option
 Fill in the form Where to Apply for Vehicle Registration?
 Upload the documents that are required To get your new vehicle registered, you will have to submit a duly filled
 Pay the fees form with the prescribed fees to the District Transport Office in your area.
The application should be submitted within 7 days from the date you
 Verify the payment status
purchased the vehicle.
 Get a printout of the receipt
 Book a learning license test slot
 Clear the written test Documents Required for Vehicle Registration Process
 Get your Learning License
One thing to note here is that the applicant has to pay special attention  Duly filled Form Number 20 which is the application for registration of a
while choosing the Class of Vehicle (COV). One can choose multiple motor vehicle.
COVs based on their use. Light Motor Vehicle (LMV) and Motorcycle with  Sale certificate
gear (MCWG) are the most commonly used.The applicant has to score a
minimum of 60% on your written test to secure a Learning License, which
 Valid insurance certificate
is given immediately. After obtaining the Learner’s License one can drive a  Two copies of your recent passport size photographs
vehicle with a red ‘L’ sticker pasted on the front and the rear of the vehicle.  Physical production of vehicle
 Temporary Registration assigned by the dealer if available
Step Two – Apply for a Permanent Driving License  Invoice from the dealer
The Learning License is valid for a period of 6 months pan India from the  Customs’ Clearance Certificate if the vehicle is imported
date of issue. During this period one can brush up his driving skills or  Copy of your PAN if the cost of the vehicle exceeds Rs.4 lakh
apply for a permanent driving license after a month.
 Proof of residence
 Identity proof
To apply for a driving license the below given procedure applies.  Citizenship proof

Q.21.Briefly discuss the ‘no fault liability’ under M.V.Act.

 Go to the portal Ans: The Motor Vehicle Act, 1988 was enacted on July 1, 1988. The
 Select your state original Act, i.e. The Motor Vehicle Act, 1939 was amended numerous
 Select the Driving License option times to keep it according to the phase of technology and development.
Later, a committee was set up in to draft a comprehensive legislation as
 Fill in the application per the various suggestions. In amended act, Section 140 to section 144
 Upload the documents under chapter-X lays the provision for no fault liability.
 Book a slot for driving test
It was brought to the bench of Acting Chief Justice A. Sambasiva Rao , in
 Pay the fees the case of Haji Zakaria V. Naoshir Cama, whether the liability to pay the
 Verify the payment status compensation can be levied upon owner , even when there was no fault on
 Get a printout of the receipt his behalf or negligent act. This was over-ruled b the Hon’ble Supreme
Court of India, it was of the opinion that, where there is no fault or
 Clear the driving test negligence by the owner, there could be no liability be imposed upon him.
 Receive your Permanent Driving license via online mode.
Any how, the principle of No Fault was developed to provide the victim with
Q.20. Discuss the procedure for Vehicle Registration. some sort of relief in case of hit and run and such cases. Being welfare
Ans: Regional Transport Office is a government organization that is state, denial of the compensation over the fact that there was a
responsible to keep a track of all the vehicles on Indian roads. For this contributory negligence on part of the victim or where the negligence of the
purpose, every vehicle in India should be registered in the nearby RTO driver of a vehicle was not established beyond the reasonable doubt,
Office. Every vehicle that is registered will be given a vehicle registration defeats the idea of social justice, and so the provision was made that driver
card. Apart from vehicle registration, RTO is responsible for issuing driving or the owner should be held without taking the fact of contributory
licences, inspect vehicle insurance, and keep a tab of pollution created by negligence into consideration.
vehicles.

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There was doubt as to in which way does the principle of No-fault liability
differs from the principle of Strict liability. In the case of the No-fault
liability the compensation is fixed, on the other-hand, in the case of Strict
liability liability is not fixed, but is upon the discretion of the court. The
former principle is different from the common law principle which says that Need for the new act:
the claimant should establish the act of negligent and rash driving on the
part of owner or the driver to claim the compensation. However, the section  The Digital Age has ushered in a new era of commerce and
140 to section 144 of the Motor Vehicle Act, 1988 provides exception to
digital branding, as well as a new set of customer expectations.
such rule.
Digitisation has provided easy access, a large variety of choices,
Section 140 of The Motor Vehicle Act 1988
convenient payment mechanisms, improved services and
The act provides the provision for the payment of the compensation to the
shopping as per convenience. However, there are also
aggrieved, in case of death or permanent disability by the vehicle of
associated challenges related to consumer protection.
defendant, by himself or the driver of any such vehicle. According to
section 140, No fault liability is to be invoked when a death or permanent  To help address the new set of challenges faced by consumers
disability has been resulted from an accident arising out of a motor vehicle. in the digital age, the Indian Parliament passed the landmark
Consumer Protection Bill, 2019 which aims to provide timely and
In case of Minu B. Mehta V. Balkrishna, the apex court overruled the effective administration and settlement of consumer disputes.
verdict of the Andhra Pradesh High Court and Bombay High Court, and
ruled that the of the owner of the vehicle or the company of the vehicle
insurer cannot be held liable unless there is a negligence on the part of the  Consumer Protection Act, 2019 is a law to protect the interests
owner or the driver of the vehicle. of the consumers. This Act provides safety to consumers
regarding defective products, dissatisfactory services, and unfair
While adjudicating in the case of Ishwarappa v/s. C.S. Gurusthanthappa, trade practices.
the court held that section 140 of the act in intended to provide an  The basic aim of the Consumer Protection Act, 2019 is to save
immediate relief to the victim or heirs and legal representative of the the rights of the consumers by establishing authorities for timely
deceased person in an event of an accident. And so the claim under and effective administration and settlement of consumers’
section 140 is paid at the threshold of the case proceedings. disputes.
Q.22.Briefly discuss the insurance against third party risk. Consumer: Section 2(7) of Consumer Protection Act 2019 defines
Ans: Third-party insurance for motor vehicles is a statutory requirement consumer (i) who buys any goods for a consideration which has been
and benefits the liability of the insured towards the death or disability of the paid or promised or partly paid and partly promised, or under any
third party. This is to ensure that the insurer is paid his damages system of deferred payment and includes any user of such goods
irrespective of the solvency capacity of the driver. In this insurance other than the person who buys such goods for consideration paid or
contract, the insured is said to be the first party while the second party is promised or partly paid or partly promised, or under any system of
the insurance company. Finally, the person who claims damages from you deferred payment, when such use is made with the approval of such
is the third party of the contract. Role of third-party:- In the case person, but does not include a person who obtains such goods for
of National Insurance Co. Ltd V. Fakir Chand, it was held that the term resale or for any commercial purpose; or (ii) hires or avails of any
“third party” includes a wide scope of people. This includes another party service for a consideration which has been paid or promised or partly
present in a vehicle or a passerby, who are the subject matters of the paid and partly promised, or under any system of deferred payment
insurance contract. An important fact to note is that third party insurance and includes any beneficiary of such service other than the person
does not seek to insure the insured himself but is enforceable against the who hires or avails of the services for consideration paid or promised,
rest of the world injured by the acts of the insured. Thus, the insured is the or partly paid and partly promised, or under any system of deferred
ultimate beneficiary of third-party insurance policies. Legal provisions: payment, when such services are availed of with the approval of the
The Motor Vehicle Act of 1988 regulates motor insurance and any third- first mentioned person, but does not include a person who avails of
party liabilities and rights that arise from it. However, Part XI of the Act such service for any commercial purpose.
deals specifically with third party rights. Section 32D of the Insurance Act
of 1938 also creates an obligation on part of the insurer to provide for Rights of Consumer: As per Section 2 (9) of Consumer Protection Act
insurances dealing with third party risks. In accordance with the MV Act, 2019 "consumer rights" includes,— (i) the right to be protected against the
there are certain requirements to be followed for third party insurance marketing of goods, products or services which are hazardous to life and
plans, which are as follows: Section 146 of the Act also provides that the property; (ii) the right to be informed about the quality, quantity, potency,
driver of the vehicle must always carry at least a bodily injury liability and purity, standard and price of goods, products or services, as the case may
coverage for the liability of property damage. In the case of Govindan V. be, so as to protect the consumer against unfair trade practices;(iii) the
New India Assurance Co Ltd., the court held that no clause in an right to be assured, wherever possible, access to a variety of goods,
insurance policy can override the third-party insurance policy. This has products or services at competitive prices; (iv) the right to be heard and to
been specifically mentioned as the insurance sector for motors has two be assured that consumer's interests will receive due consideration at
types of insurance namely the first party and the third-party appropriate for; (v) the right to seek redressal against unfair trade practice
insurance. Section 147(1): An insurer authorized to do so must provide for or restrictive trade practices or unscrupulous exploitation of consumers; (vi)
any damage to a third party’s vehicle caused by the insured. These the right to consumer awareness.
policies are required to cover any accident in accordance with the value of
the liability incurred. A certificate is to be granted in the prescribed format
containing particulars as prescribed and must be handed over to the
insured.
Q.23. Discuss the Consumer Protection Act 2019 with definition and
rights of consumer.
Ans:The new Consumer Protection Act was passed by Parliament in 2019.
It came into force in July 2020 and replaced the Consumer Protection Act,
1986. The main features of the Consumer Protection Act:
The new Act has widened the definition of ‘consumer’. The Act proposes
the establishment of the Central Consumer Protection Authority (CCPA) as
a regulatory authority. The new Act provides flexibility to the consumer to
file complaints with the jurisdictional consumer forum located at the place
of residence or work of the consumer. The Act has introduced the concept
of product liability. The new Act provides for mediation as an Alternate
Dispute Resolution mechanism. For mediation, there will be a strict
timeline fixed in the rules. The new Act has armed the authorities to take
action against unfair trade practices too. This Act is applicable to all the
products and services, until or unless any product or service is especially
debarred out of the scope of this Act by the Central Government. he basic
aim of the Consumer Protection Act, 2019 to save the rights of the
consumers by establishing authorities for timely and effective
administration and settlement of consumers’ disputes.

6
 National Consumer Disputes Redressal Commission. It will issue safety
notices to alert consumers against dangerous or hazardous or unsafe
goods or services.
While conducting an investigation after preliminary inquiry, officers of the
Q.24. What is the Central Consumer Protection Authority? CCPA’s Investigation Wing will have the powers to enter any premise and
The authority is being constituted under Section 10(1) of The Consumer search for any document or article, and to seize these. For search and
Protection Act, 2019. The Act replaced The Consumer Protection Act, seizure, the CCPA will have similar powers given under the provisions of
1986, and seeks to widen its scope in addressing consumer concerns. The The Code of Criminal Procedure, 1973.
new Act recognises offences such as providing false information regarding The CCPA can file complaints of violation of consumer rights or unfair
the quality or quantity of a good or service, and misleading advertisements. trade practices before the District Consumer Disputes Redressal
It also specifies action to be taken if goods and services are found Commission, State Consumer Disputes Redressal Commission, and the
“dangerous, hazardous or unsafe”. National Consumer Disputes Redressal Commission. It will issue safety
The CCPA, introduced in the new Act, aims to protect the rights of the notices to alert consumers against dangerous or hazardous or unsafe
consumer by cracking down on unfair trade practices, and false and goods or services.
misleading advertisements that are detrimental to the interests of the public Q.25. Discuss the Product Liability under the Consumer Protection
and consumers. The CCPA will have the powers to inquire or investigate Act, 2019.
into matters relating to violations of consumer rights or unfair trade Ans: The Consumer Protection Act 2019 introduced the legal regime on
practices suo motu, or on a complaint received, or on a direction from the product liability and dedicated an entire chapter (Chapter VI) to enumerate
central government. Sources said the Ministry of Consumer Affairs, Food the situations where a claim for compensation under a product liability
and Public Distribution is in the process of finalising the rules relating to the action would be available for ‘harm’ caused by a ‘defective’ product
composition and functioning of the CCPA, and these are expected to be manufactured by a product manufacturer or serviced by a product service
notified by April. provider or sold by a product seller. ‘Harm’, in relation to a product liability
The structure of CCPA. inter alia includes — (i) damage to any property other than the product
Sources said the proposed authority will be a lean body with a Chief itself; (ii) personal injury, illness or death; (iii) mental agony or emotional
Commissioner as head, and only two other commissioners as members — distress, etc. It may be noted that this does not include any harm caused to
one of whom will deal with matters relating to goods while the other will a product itself or any damage to the property on account of breach of
look into cases relating to services. It will be headquartered in the National warranty conditions or any commercial or economic loss including any
Capital Region of Delhi but the central government may set up regional direct, incidental or consequential loss relating thereto. Further, the Act
offices in other parts of the country. defines ‘defect’ to mean any fault, imperfection or shortcoming in the
The CCPA will have an Investigation Wing that will be headed by a quality, quantity, potency, purity or standard, which is required to be
Director General. District Collectors too, will have the power to investigate maintained by or under any law or contract, express or implied or as is
complaints of violations of consumer rights, unfair trade practices, and claimed by the trader in any manner whatsoever in relation to any goods or
false or misleading advertisements. product. As is evident from the above, to bring about a product liability
action, it is important for a consumer to establish that ‘harm’ was caused
What kind of goods and food items in particular, can be classified as due to a ‘defective’ product. The 2019 Act distinguishes between the roles
“dangerous, hazardous or unsafe”? of a product manufacturer, product seller and service provider and
This is not specified in the notification of the Act. Regarding food, an official accordingly envisages individual criteria for attracting product liability
said the CCPA will ensure that all standards on packaged food items set actions against each of them.
by regulators such as the Food Safety and Standards Authority of India
(FSSAI) are being followed.
What will the CCPA do if any goods or services are found not meeting I. Liability of a Product Manufacturer
these standards?
Under Section 20 of The Consumer Protection Act, the proposed authority The 2019 Act, under Section 2(36), contains a wide definition of ‘product
will have powers to recall goods or withdrawal of services that are manufacturer’, to include every party connected with the sale process
“dangerous, hazardous or unsafe; pass an order for refund the prices of within the scope of the definition. Under the 2019 Act, a ‘product
goods or services so recalled to purchasers of such goods or services; and manufacturer’ has been defined to mean a person who: (a) makes any
discontinuation of practices which are unfair and prejudicial to consumer’s product or parts thereof; or (b) assembles parts thereof made by others;
interest”. or (c) puts or causes to be put his own mark on any product made by any
For manufacture, selling, storage, distribution, or import of adulterated other person; or (d) makes a product and sells, distributes, leases, installs,
products, the penalties are: prepares, packages, labels, markets, repairs, maintains such product or is
* If injury is not caused to a consumer, fine up to Rs 1 lakh with otherwise involved in placing such product for commercial purpose;
imprisonment up to six months; or (e) designs, produces, fabricates, constructs or re-manufactures any
* If injury is caused, fine up to Rs 3 lakh with imprisonment up to one year; product before its sale; or (f) being a product seller of a product, is also a
* If grievous hurt is caused, fine up to Rs 5 lakh with imprisonment up to 7 manufacturer of such product.Section 84 of the Act enumerates the
years; situations where a product manufacturer shall be liable in a claim for
* In case of death, fine of Rs 10 lakh or more with a minimum compensation under a product liability action for a harm caused by a
imprisonment of 7 years, extendable to imprisonment for life. defective product manufactured by the product manufacturer.
How will it deal with false or misleading advertisements?
Section 21 of the new Act defines the powers given to the CCPA to crack
down on false or misleading advertisements. According to these II. Liability of a Product Service Provider
provisions, if the CCPA is satisfied after investigation that any
advertisement is false or misleading and is harmful to the interest of any
A product service provider under the 2019 Act is defined to mean a person
consumer, or is in contravention of consumer rights, the CCPA may issue
who provides a service in respect of any product. The definition of a
directions to the trader, manufacturer, endorser, advertiser, or publisher to
product service provider has been specifically added to the 2019 Act so as
discontinue such an advertisement, or modify it in a manner specified by
to cover services such as maintenance or repair where the service and the
the authority, within a given time. The authority may also impose a penalty
product are inherently related, and the service has a direct bearing upon
up to Rs 10 lakh, with imprisonment up to two years, on the manufacturer
the performance of the product. Section 85 of the Act enumerates the
or endorser of false and misleading advertisements. The penalty may go
instances under which a product service provider shall be liable in a
up to Rs 50 lakh, with imprisonment up to five years, for every subsequent
product liability action for a harm caused by a defective product serviced
offence committed by the same manufacturer or endorser.
by the product service provider.
CCPA may ban the endorser of a false or misleading advertisement from
making endorsement of any products or services in the future, for a period
that may extend to one year. The ban may extend up to three years in III. Liability of a Product Seller
every subsequent violation of the Act.
What other powers will the CCPA have?
While conducting an investigation after preliminary inquiry, officers of the A product seller under the 2019 Act is defined to mean any person who, in
CCPA’s Investigation Wing will have the powers to enter any premise and the course of business, imports, sells, distributes, leases, installs,
search for any document or article, and to seize these. For search and prepares, packages, labels, markets, repairs, maintains, or otherwise is
seizure, the CCPA will have similar powers given under the provisions of involved in placing such product for commercial purpose and includes (a) a
The Code of Criminal Procedure, 1973. manufacturer who is also a product seller; or (b) a service provider.
The CCPA can file complaints of violation of consumer rights or unfair Section 86 of the Act lists the instances under which a product seller (who
trade practices before the District Consumer Disputes Redressal is not a product manufacturer) shall be liable in a product liability action for
Commission, State Consumer Disputes Redressal Commission, and the a harm caused by a defective product sold by the product seller.

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