LIABILITY IN THE EVENT OF DEATH BY ELECTROCUTION

I. LIABILITY OF USER OF PRODUCT.

 As Per section 100 of IPC an assault with the intention of committing
rape or of gratifying unnatural lust can be responded to by killing the
person in self-defence. The user of our product will attract no legal
sanction even if she kills the harasser with our product. To be legally
justified in killing an attacker, a rape victim must reasonably believe
that she is under imminent danger of rape.
 However, a criminal case revolves around question of facts and
question of laws which is determined by the courts. Hence it is
impossible to say with full conviction whether killing by electrocution
of a potential rapist will come under self-defence or not. Several
factor, nature of evidence will come into play. For example- The
person will have to show that she was reasonable in believing that the
deceased was try to rape her.

II. LIABILITY OF THE COMPANY.

 A company has a separate legal entity. It is separate from its directors,
shareholders, promoters, etc. This is called corporate veil. This veil is
lifted in exceptional circumstances to punish the people behind the
company. The general rule of law is the liability of company cannot
be extended to its members.
 In the event of the death of a person due to the product, the directors,
shareholders cannot be charged for the death.
 The company may get impleaded in such cases but the statutes in
India do not make corporations criminally liable and even if they do
so, the statutes and judicial interpretations impose no other
punishments except for fines.1

III.CONCLUDING REMARKS.
1
Standard Charted Bank v. Directorate Of Enforcement; Assessment-ll, Banglore & Ors. v. Velliappa Textiles
Ltd & Anr..
 In the event of death of any third party due to electrocution by our
product the company as a separate entity may face charges but the
individuals related to company will not face prosecution as per the
current Indian law regime

VIABILITY OF PRODUCT VIS A VIS PRIVACY REGIME

 Currently, there is no legislation in India to deal with privacy

breaches. However, a bill is pending in Parliament since 2018
 (reintroduced again in 2019). The bill contains provision which will,
in near future, become the law on data protection in India.
 The Bill lays down the meaning of processing of data. Section 3(31)
reads- "processing" in relation to personal data, means an operation
or set of operations performed on personal data, and may include
operations such as collection, recording, organisation, structuring,
storage, adaptation, alteration, retrieval, use, alignment or
combination, indexing, disclosure by transmission, dissemination or
otherwise making available, restriction, erasure or destruction”
 The Bill imagines three major parties- Data Principal, Data Fiduciary
and Data Processor. Data principal is the person to which personal
data belongs to- The customers in our case. Data fiduciary is one who
determines the means and purpose of processing and Data processor
is the one which actually processes the data. In our case the company
will be the both.
 The Bill lays down rules regarding how any data can be processed.
No data can be processed without consent of the person. The
company should place high importance to obtaining a ‘valid’ consent
from the customers. Getting a consent from the customer after s/he is
made aware of how our company will process the personal data, will
protect our company from almost any legal issue regarding privacy.
 The ensure that the company gets a consent valid in law from the Data
Principal a form should be drafted which includes all the necessary
information as mandated by the law.
 Third Party Doctrine- This doctrine is a creation of SCOTUS. As
per the doctrine the expectation of privacy ends for an individual who
gives a valid consent to the third party to use his/her personal data. In
other words, right to privacy can be waived by a consent.
 Please find below the reproduced section 7 and 11 of the Bill
pertaining to consent.