Draft of Sale deed (Hypothetical)

 THIS IS AN DRAFT OF SALE DEED WHICH IS HYPOTHETICAL IN NATURE FOR EDUCATIONAL PURPOSE ONLY.

    Sale Deed for the Transfer of Immovable Property

   SALE DEED

               THIS DEED OF SALE is made and executed at Mumbai on this 5^th day of May 2017.

                                                                         BETWEEN

Mr. Raj Kishor Kumar

Age: 36, residing at:  Monochrome Apartments, Dadar 410014

Hereinafter referred to as “the Vendor”

The Party of the One Part

                                                                           AND

Mr. Jay Kamal Lal

Age: 40, residing at:  Diamond Apartments, Andheri 400069

Hereinafter referred to as “the Purchaser”

The Party of the Other Part

WHEREAS

(i)              The vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the Gat No./Survey No. 221/9, admeasuring 800 sq. meters, situated at Megha Milan, Sector 15, Andheri and more particularly described in the schedule herein below as the, “said property."

(ii)            The said property originally belonged to one Mr. Brijesh Patel, who sold the said property to the Vendor by sale deed dated 20 June 2009, which is registered with the office of the Registrar of Assurances at Mumbai at Serial No. 403/2009 on 29th June 2009, and accordingly, the name of the present Vendor, Mr. Raj Kishore   Kumar, came to be entered into the record of rights, vide mutation entry No. 1234 dated 5th July 2009.

(iii)          The Vendor has entered into an agreement to sell with the Purchaser herein on 24^th May 2017, which is registered with the Registrar of Assurances at Andheri serial No.123/2017 on 29^th May 2017.

(iv)           The Purchaser has requested the Vendor to execute these presents, which he has agreed to do.

NOW THIS DEED WITNESSES AS FOLLOWS

(I)              That in pursuance of the agreement to sell dated 24^th may 2017 and in consideration of the sum of Rs. 80,00,000/- (Rupees Eighty Lakhs Only) paid by the Purchaser to the Vendor, the Vendor hereby conveys, transfers by way of sale unto the Purchaser all that piece of land bearing Gat No./Survey No. 221/9 admeasuring 800 sq. meters situated at Megha Milan, Sector 15, Andheri and more particularly described in the schedule hereunder written and referred to as the said property together with all the things permanently attached thereto or standing thereon.

(II)           That the Vendor has put the Purchaser in actual physical and peaceful possession of the said property on the Date of Execution of this deed, and the Purchaser hereby admits and acknowledges the same.

(III)         That the Vendor hereby assures the Purchaser that the said property or any part thereof is neither a subject matter of any acquisition or requisition nor subject matter of any dispute or pending litigation.

(IV)         That the Vendor hereby declares and assures unto the Purchaser that the Vendor has in himself good right, full power, and absolute authority to sell and transfer the said property in favour of the Purchaser herein.

(V)           That the Vendor hereby further declares and assures unto the Purchaser that the title of the Vendor to the said property is clean, clear, and marketable, and the same is free from encumbrances.

(VI)          That the Vendor has delivered the prior sale deed of the said property as well as the property tax bill and receipts which are all duly paid till the date of execution of these presents.

(VII)       That all the expenses towards stamp duty, registration charges, and other incidental expenses thereto are to be borne by the Purchaser.

 

THE SCHEDULE OF THE PROPERTY

All that piece and parcel of the property admeasuring 800 sq. meters, situated within registration division and district Mumbai sub-urban, Sub-Division Andheri East within the limits of Andheri, bearing CTS No. 576 plot No.221/9, carved out of the layout of S. No. 2001 along with.

IN WITNESS WHEREOF, the parties have put their respective hands the day and year first mentioned hereinabove.

Sd. by Vendor 

Sd. by Purchaser 

In presence of Witnesses  

1.     Mukund Sharma

2.     Shiv Gupta

Comparative Analysis of Sexual Harassment Laws in India

 COMPARATIVE ANALYSIS OF SEXUAL HARASSMENT LAWS IN INDIA

Introduction:  sexual harassment refers to any form of unwelcome Sexual Behaviour which is Offensive, humiliating and intimidating. Further, it is against the integrity of a person. Sexual harassment comes in many forms and not a single one. It includes when someone tries to touch, grab or make other physical contracts with a Person demands for sexual Favors, making sexually coloured remarks, showing Pornography and any other unwelcome act. It Psychologically, emotionally and socially affects the victim and the work environment. • Sexual Harassment as defined under Vishaka and others vs State of Rajasthan & others.

"Sexual Harassment includes such unwelcome Sexually determined behaviour (whether directly or by implication) as:

(a) Physical contact and advances, 

(b) A demand or request for Sexual Favors;

(c) Sexually Coloured remarks;

(d) showing Pornography

 (e) Any other form of Unwelcome Physical and Verbal conduct of sexual nature."

 

“Where any of this act is committed in circumstances wherein the victim of such conduct has a reasonable apprehension that in relation to Victim's employment of work whether she is drawing Salary of honorarium or voluntary, whether in government Public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for Instance when the woman has reasonable grounds to believe that nor objection would be a disadvantage in terms of recruiting, promotion employment or when it creates hostile work environment Adverse consequences might be visited if the victim does not constant to the conduct in question or raises any objection thereto"

 

Main Answer: -

India has seen a very gradual and transformative evolution from Indian Penal Code 1860 to Bhartiya Nyaya Sanhita BNS)

Sexual harassment law in IPC often lacked a comprehensive foundation of Sexual harassment BNS Seeks to address these gaps by modernizing laws to tackle cyber harassment, gender inclusivity, Stronger deterrence through enhanced punishments.

(.) Comparative Analysis of IPC and BNS

• Provisions related to sexual Harassment under Indian Penal Code. 1860

 

(1)Section 35A: The section de fines sexual harassment as acts involving unwelcome contact, demands for Sexual favours, showing Pornography, or making sexually coloured remarks Punishment: Imprisonment of up to three years for Physical offenses to one year for verbal harassment

(2) Section 354 D: Introduced after the Nirbhaya case in 2013, Criminalized Stalking. Online Stalking However, it lacked detailed Provisions for digital harassment like revenge Porn tormentation of videos.

(3) section 509:  Addresses acts intended to insult a woman's modesty through words gestures, or sounds. This section was subjected to interpretation case to case

 

limitations of the Indian Penal Code

Gender bias IPC Provisions focus more on women rather than including harassment of men, transgenders and other individuals.

•        inadequate cyber laws: IPC offers a less comprehensive view on cyber laws it does not cover the new forms of harassments like Cyber-Bullying, which have become prevalent in the digital age. Lack of comprehensive victim support:

Provisions for victim protection, rehabilitation and redressal are under developed.

 

Provisions of Bhartiya Nyaya Sanhita:

The BNS retains love principles from the IPC but updates language and adds provisions to Cover modern forms of harassment.

Section 74: Specifically deals with acts that involve assault or the use of criminal force against a woman with the intent to outrage or knowing it is likely to outrage her modesty. The focus is on the Physical aspect of the offense, where the Perpetrator's actions directly target the woman 's modesty

Punishment: Mandates a minimum imprisonment of one year, which can extend up to five years and fine.

 • Section 75: Sexual harassment means "[ A man committing any of the following acts (Physical contact and advances involving in welcome and explicit sexual remarks or;

(ii) a demand or request for sexual Favors

(iii) showing pornography against the will of a woman.

(IV) Making sexually coloured remarks, shall be guilty of the offense of sexual harassment Punishment: Rigorous imprisonment for a term which may extend to three years, fine or Both making sexually coloured remarks imprisonment of one year, or Fine, or Both

 

(3)Section 76: Assault or use of Criminal force to woman with intent to disrobe. use of criminal Force towards woman with intention of disrobing. or compelling her to be naked. Punishment imprisonment of 3 years may extend to 7 years with fine or Both.

 

(4). Section 77: section deals with Capturing the image of a woman engaging in a private alt under circumstances where she would usually have the expectation of not being observed.

Punishment: imprisonment 1 year may extend to 3 years with fine, or Both.

(5) Section 78: Stalking this section addresses stalking, Contacting, attempting to contact such women to foster personal interaction, monitoring a woman on internet, email or any other form of electronic communication. Punishment: First conviction 3 years, Fine, or Both repeated offence 5 years of imprisonment or fine, or Both

To sum up-the Following here are the Major differences between IPC and BNS

 

Indian Penal Code	Bhartiya Nyaya Sahita
Scope: primarily deals with physical forms of sexual harassment	Scope: expands to include other harassment and other misconducts
Gender Inclusivity: pre-dominantly recognise women as victims	Gender Inclusivity: adopts a gender-neutral stance, acknowledging all individuals as potential victims
Terminology: uses terminology like outraging modesty which can be subjective.	Terminology: employees clear and more contemporary language
Digital offences: lacks comprehensive provisions for cyber crimes related cases	Digital Offenses: specifically addresses cyber harassment, including stalking and nonconsensual sharing of images

 

does this shift address contemporary Challenges More effectively?

Positive Developments - Cyber harassment:

with the increasing prevalence of cybercrimes Particularly against women and marginalized groups. Acts like revenge Porn, Morphed images and online stalking are now explicitly recognized offering victims a clearer Path to justice. The inclusion for digital evidence Collection ensures better investigation and prosecution in Cyber harassment cases

Gender Inclusivity:

by adopting gender-neutral Language, BNS acknowledges harass mint affects Genders This Change has been significant for the LGBTQ Community which has been Historically been excluded from the protection Gendered laws

Stronger Deterrence:

 through Enhanced Punishments: Repeated offenders and crimes committed in sensitive areas like work places, hospitals, educational institutions face harsher penalties under BNS. gravity of offense is given importance

 

Victim Centric Approach:

 Emphasis on victim Confidentiality and protection, particularly in digital crimes, encourages more survivors to come forward.

 

Faster redressal Mechanisms: to reduce the trauma of prolonged legal Battles

 

Critical opinion:

 implementation challenges:

despite Progressive changes in the BNS, challenges like lack of police training, judicial delays, and Societal Stigma remain significant hurdles.

 The lack of awareness and infrastructure:

 that is often not developed. Ambiguities in Gender Neutrality may lead to challenges in Interpretation and application, especially concerning false accusations. The balance between Protecting victims and Preventing Misuse needs to be clear

 

lack Of Preventive Framework:

The BNS Primarily focuses on Punishment rather than Prevention. Measures like workplace Sensitization Programs, school curriculums on Gender equality, and community-based awareness Campaigns are critical for addressing sexual harassment at its root.

 

Lack of victim support system:

There is a need to establish dedicated support to victims For Offering Counselling, legal aid, rehabilitation Service

 

over emphasis on Punishment:

 Critics argue that harsher Punishments alone may not deter Crimes Broder reforms, including societal education and systemic changes are essential to reduce The Incident of harassment

 

Conclusion:  (IPC to BNS) the change from Indian penal code to Bhartiya Nyaya Sanhita represents a significant step Forward in modernizing India's legal frame work for addressing sexual harassment its Focuses on more inclusivity, victim Protection, deterrent Punishment demonstrates an understanding Socio-economic challenges BNS ensure that of all Genders have access to justice and that Perpetrators puts accountability in a manner Proportional to their crimes. There is still a long way to go in terms of gender inclusivity in laws but progress persists gradually.