Hurricane Sandy: Saftey Measures

The steps that should be taken Before; During, and After the hurricane sandy. 

A hurricane is a type of tropical cyclone or severe tropical storm that forms in the southern Atlantic Ocean, Caribbean Sea, Gulf of Mexico, and in the Pacific Ocean. Hurricanes cause heavy rains that can cause extensive flood damages in coastal and inland areas.

Before a Hurricane

To prepare for a hurricane, you should take the following measures:

•        To begin preparing, you should build an emergency kit and make a family communications plan.
•        Know your surroundings.
•        Learn the elevation level of your property and whether the land is flood-prone. This will help you               know how your property will be affected when storm surge or tidal flooding are forecast-ed.
•        Identify levees and dams in your area and determine whether they pose a hazard to you.
•        Learn community hurricane evacuation routes and how to find higher ground. Determine where you would go and how you would get there if you needed to evacuate.
•        Make plans to secure your property.
•        Cover all of your home’s windows. Permanent storm shutters offer the best protection for  windows. A second option is to board up windows with 5/8” marine plywood. Cut to fit and ready to install. Tape does not prevent windows from breaking.
•       Install straps or additional clips to securely fasten your roof to the frame structure. This will reduce roof damage.
•       Be sure trees and shrubs around your home are well trimmed so they are more wind resistant.
•       Clear loose and clogged rain gutters and downspouts.
•       Reinforce your garage doors; if wind enters a garage it can cause dangerous and expensive structural damage.
•       Plan to bring in all outdoor furniture decorations, garbage cans and anything else that is not tied down.
•       Determine how and where to secure your boat.
•       Install a generator for emergencies.
•       If in a high-rise building, be prepared to take shelter on or below the 10^th floor.       
•       Consider building a safe room.

During a Hurricane

If a hurricane is likely in your area, you should:

·         Listen to the radio or TV for information.

·         Secure your home. Close storm shutters and secure outdoors objects or bring them indoors.

·         Turn off utilities if instructed to do so. Otherwise, turn the refrigerator thermostat to its doors closed.

·         Turn off propane tanks.

·         Avoid using the phone, except for serious emergencies.

·         Moor your boat if time permits.

·         Ensure a supply of water for sanitary purpose such as cleaning and flushing toilets. Fill the bathtub and other larger containers with water.

·         Find out how to keep food safe during and after the emergency.

You should evacuate under the following conditions:

·         If you are directed by local authorities to do so. Be sure to follow their instructions

·         If you live in a mobile home or temporary structure-such shelter are particularly hazardous during hurricane no matter how well fastened to the ground.

·         If you live in on the coast, on a flood plain, near a river, or on an island waterway.

If you are unable to evacuate, go to your wind-safe room. If you do not have one, follow these guidelines:

•        Stay indoors during the hurricane and away from windows and glass doors.
•        Close all interior doors- secure and brace external doors.
•        Keep curtains and blinds closed. Do not be fooled if there is a lull; it could be the eye of the storm, winds will pick up again.
•        Take refuge in a small interior room, closet or hallway on the lowest level.
•        Lie on the floor under a table or another sturdy object.
•        Avoid elevators.

After a Hurricane:

•       Continue listening to a NOAA Weather Radio or the local news for the latest updates.
•       Stay alert for extended rainfall and subsequent flooding even after the hurricane or tropical storm has ended.
•       If you have become separated from your family, use your family communications plain or contact FEMA or the American Red Cross.

FEMA has established the National Emergency Family Registry and Locator System (NEFRLS), which has been developed to help reunite families who are separated during a disaster.

The NEFRLS system will enable displaced individuals the ability to enter personal information in to a website database so that they can be located by others during a disaster.

The American Red Cross also maintains a database to help you find family. Contact the local American Red Cross chapter where you are staying for information. Do not contact the chapter in the disaster area.

·         If you evacuated, return home only when officials say it is safe.

·         If you cannot return home and have immediate housing needs, Text SHELTER + your Zip Code to 43362 (4FEMA) to find the nearest shelter in your area (example: shelter 12345).

·         For those who have longer-term housing needs, FEMA offers several types of assistance, including services and grants to help people repair their homes and find replacement housing. Apply for assistance or search for information about housing rental resources.

·         Drive only if necessary and avoid flooded roads and washed out bridges. Stay off the streets. If you must go out watch for fallen objects; downed electrical wires; and weakened walls, bridges, roads, and sidewalks.

·         Keep away from loose or dangling power lines and report them immediately to the power company.

·         Walk carefully around the outside your home and check for loose power lines, gas leaks and structural damage before entering.

·         Stay out of building if you smell gas, floodwater remain around the building or your home was damaged by fire and the authorities have not declared it safe

·         Inspect your home for damage. Take pictures of damage, both of the building and its contents, for insurance purposes. If you have any doubts about safety, have your residence inspected by a qualified building inspector or structural engineer before entering.

·        Use battery-powered flashlights in the dark. Do Not use candles.

      Note: The flashlight should be turned on outside before entering, the battery may produce a spark that could ignite leaking gas, if present.

·         Watch your pets closely and keep them under your direct control. Watch out for wild animals, especially poisonous snakes. Use a stick to poke through debris.

·         Avoid drinking or preparing food with tap water until you are sure it’s not contaminated.

·         Check refrigerated food for spoilage. If in doubt, throw it out.

·         Wear protective clothing and be cautious when cleaning up to avoid injury.

·         Use the telephone only for emergency calls.

NEVER use a generator inside homes, garages, crawlspaces, sheds, or similar areas, even when using fans or opening doors and windows for ventilation. Deadly levels of carbon monoxide can quickly build up in these areas and can linger for hours, even after the generator has shut off.

Inserted from ready.gov        

'Extortion' under Indian Penal Code

Under Indian Penal Code 1860,( in short IPC ) the law relating to 'extortion' have been laid down in Sections 383 to 389.

According to Collins English Dictionary, extortion means the act of securing money, favors, etc. by intimidation or violence; blackmail.
Dictionary of English Language by Houghton Mifflin Company, Fourth Edition, defines 'extortion' as 'illegal use of one's official position or powers to obtain property, funds or patronage.'

Section 383 of IPC defines 'extortion' whereas Section 384 IPC  is the Penal Section for extortion, a person is punishable for extortion if he puts any person in fear of injury and thereby dishonestly induces him to deliver any property whereas Section 385 of IPC is for attempt to commit extortion. Aggravated forms of extortion are provided under Sections 386 to 389.

The offence of extortion has been defined by Section 383 IPC, which is read as follows:- 'whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".'

Essential Ingredients of Extortion.
(i) intention to put a person under fear of injury,
(ii) thereby induces dishonestly to
      (a) deliver any property, or
      (b) valuable security, or
      (c) anything signed or sealed which may be converted into a valuable security,
(iii) to any person.

Sections 24, 43 and 44 of IPC, respectively defines the terms, dishonestly, illegally and injury. In Section 24 IPC, dishonestly has been defined as; 'whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing 'dishonestly'. Section 43 IPC, lays down that 'the word "illegal" is applicable to every thing which is an offence or which is prohibited by law, or which furnishes ground for a civil action.....'. Section 44 IPC, lays down that, 'the word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

On consideration of the above definition and ingredients what appears is that if someone puts the other intentionally in fear of any injury and thereby dishonestly induce that person who had been put into fear, to deliver to the person any property or valuable security liable to be punished for extortion. The words "induces the person so put in fear to deliver" indicates the voluntariness of act of delivering a particular property on account of being put into fear etc.

Thus what is necessary for constituting an offence of extortion is that the prosecution must prove that on account of being put into fear of injury the victim was voluntarily delivering any particular property to the man putting him into fear. If there was no delivery of any property, then the most important ingredient constituting an offence of extortion was not available.


In Labhshankar vs. State of Saurashtra, AIR 1955 sau 42 and in Vena Ram vs. State of Raj. 2002 WLC (Raj.) 291, it was held that charge under Section 384 IPC, is not sustainable if the property is not delivered by the person extorted.

In Venkatappa vs. Jalayya, AIR(6) 1919 Mad 954, the accused, who was the proprietor of a certain estate, stopped complainant, a cooly, whom he suspected of smuggling Arrack from the Nizam's Dominions into British Territory, on the way... threatened to report the matter to the police unless he paid something. He was charged with... threat of injury to commit extortion...& was sentenced to a...fine... Held...that the conviction under Section 385 was bad, as complainant was not put in fear of any injury within the meaning of Section 44, Penal Code and the accused only threatened to do what he was bound by law to do.

In Biram Lal vs. State, RLW 2007(1) Raj.713, it was held that in order to complete the act of extortion the person who was put in fear, must have been induced to deliver the property. If the act of inducement caused by the wrong doer should bring forth its result at least by the victim consenting to deliver property even if actual delivery does not take place due to any fortuitous circumstances which would constitute extortion, but if it falls to produce the requisite effect, the act would remain only at the stage of attempt to commit extortion. In the instant case, even if the offence of extortion is held to be not made out for want of delivery of the property at least, the offence of attempt to commit extortion is clearly made out.

In A.R Antulay vs. R.S. Nayak, AIR 1986 SC 2045, the accused was Chief Minister at the relevant time and the Sugar Co-operatives had some of the grievances pending consideration before the Government. The pressure was brought about on the Sugar Co-operatives to make the donations with a promise that their grievances shall be consider. Held, that the ingredients of the offence of extortion not made out. There was no evidence at all that the management of the Sugar Co-operatives had been put in any fear and the contributions had been paid in response to threats.


Disclaimer: The above information is for general use. Consult your lawyer before acting.

Forgery : Offence relating to Documents

The offence of Forgery is in vogue since the time writing was invented. In Roman Law, it was enacted by the lex cornelia de falsies. In modern English Common law; forgery is the making of a false instrument with intent to deceive.

Under the Indian Penal Code, the law relating to forgery have been laid down in sections 463 to 477-A.

According to English Common law, 'every instrument which fraudulently purports to be that which it is not' is forgery. In India, also the authors of the code have adopted the above principle in laying down in section 463 of the Indian Penal Code, 1860.

Thus it is clear that the object  of the forgery is normally to cheat, to cause wrongful distribution of property by means of a false document. The main difference between cheating and forgery is that in cheating the deception is oral, whereas in forgery it is in writing. Forgery can thus be described as merely the means to achieve an end; the end being deception.

Statutory Provisions: The offence of Forgery is made of mainly two provisions of the Indian Penal Code i.e. sections 463 and 464.

Section 463 says: 'Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.'

• Thus forgery has to be satisfied with following essential ingredients: firstly the making of a false document or part of it (actus rea) and secondly (mens rea) such making should be with intent to 

          (a) cause damage or injury to (i) the public; or (ii) to any person, or
          (b) support any claim or title, or
          (c) cause any person to part with property,m or
          (d) enter into any express or implied contract, or
          (e) commit fraud or that fraud may be committed.


Section 464 explains about the making of a false documents. Making false documents is the soul of the offence of the forgery. But it is essential that the false document, when made, must either appear on its face to be, or be in fact one, which, if true, would possess some legal validity, or in other words, must be legally capable of effectivating the fraud intended.

The three forms of making false document according to section 464 of IPC are
(i) Dishonestly or fraudulently making, signing, sealing, or executing a document with the intention of causing it to be believed that such document was made by the authority of  a person by whom the maker knows that it was not made.
(ii) Dishonest, or fraudulent cancellation or alteration of a document in its material part without lawful authority.
(iii) Dishonestly or fraudulently causing another person to execute, or alter a document with the knowledge that the maker thereof does not know the contents of the documents or the nature of the alteration by reason of unsoundness of mind or intoxication.

Explanation 1 to the section 464 says 'A man's signature of his own name may amount to forgery'.
e.g. A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery.

Explanation 2 says making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount forgery.
e.g. A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.


Disclaimer: Above information is for general use. Consult your lawyer before acting.

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