CHANAKYA NATIONAL LAW

UNIVERSITY, PATNA

Legal language and Communication

Skills final draft

Submitted To:- Submitted By:-

Dr.Pratyush kaushik Mukul rathore
Faculty of English Roll no. 1742
B.A.LLB (Hons.) 1st Semester
 Aims and Objectives:
The researcher tends to analyze the problem of plagiarism in research writings.
The researcher tends to analyse the impact of plagiarism in research writing.
The researcher tends to give certain suggestions which would be useful for research writing.

Hypothesis:
The researcher tends to presume that plagiarism will have a negative impact on research
writing.

Limitation:
Time was a very big limitation while making this project. The researcher had very limited time.

Source of data:
The researcher used both primary and secondary data for making this project.
1. Primary data includes interview of people who did plagiarism.
2. Secondary data includes various books ,newspaper and websites.

Research methodology:

The researcher will use the doctrinal method of research which includes various Judgements,
Books, articles.

Limitation:
Introduction:

Plagiarism is the "wrongful appropriation" and "stealing and publication" of another author's
"language, thoughts, ideas, or expressions" and the representation of them as one's own original
work.The issue of plagiarism is not new; however increased ease of access to electronic material
via the web is always a concern among the academic community. Although there is no direct
evidence that students electronically cut and paste material into assignments, or purchase essays
from cheat sites, the potential for these kinds of problems exists. It is perhaps worth noting that
good practice in dealing with plagiarism is also good practice in terms of learning, teaching and
assessment more generally. Setting the same assessment questions year after year, allowing for
little individual input and resorting to unseen examinations are not conducive to real deep learning
but, unfortunately, characterise many students' experiences. Further, it isn't good enough to say
that students "shouldn't do it", whatever 'it' is, and institutions have a legal and moral
responsibility to ensure that it doesn't happen or is dealt with appropriately if it does. For a
comprehensive approach to plagiarism Carroll and Appleton's Plagiarism: A Good Practice
Guide is an excellent start.

What is plagiarism?
It is difficult to give a simple, widely applicable definition as different disciplines and institutions
may have varying traditions and conventions and what might be considered 'common knowledge'
and thus not need referencing by an expert in a subject is different from the novice first-year
student. However, a widely shared understanding is that plagiarism occurs when someone tries to
pass off someone else's work, thoughts or ideas as their own, whether deliberately or
unintentionally, without appropriate acknowledgement. It is important to recognise that plagiarism
does not just apply to written work - whether essays, reports, dissertations or laboratory results -
but can also apply to plans, projects, designs, music, presentations or other work presented for
assessment.

Many people think of plagiarism as copying another's work or borrowing someone else's original
ideas. But terms like "copying" and "borrowing" can disguise the seriousness of the offense:

According to the Merriam-Webster online dictionary, to "plagiarize" means:

to steal and pass off (the ideas or words of another) as one's own
to use (another's production) without crediting the source
to commit literary theft
to present as new and original an idea or product derived from an existing source

In other words, plagiarism is an act of fraud. It involves both stealing someone else's work and
lying about it afterward.
But can words and ideas really be stolen?

According to U.S. law, the answer is yes. The expression of original ideas is considered
intellectual property and is protected by copyright laws, just like original inventions. Almost all
forms of expression fall under copyright protection as long as they are recorded in some way
(such as a book or a computer file).

All of the following are considered plagiarism:

turning in someone else's work as your own

copying words or ideas from someone else without giving credit
failing to put a quotation in quotation marks
giving incorrect information about the source of a quotation
changing words but copying the sentence structure of a source without giving credit
copying so many words or ideas from a source that it makes up the majority of your
work, whether you give credit or not (see our section on "fair use" rules)

Most cases of plagiarism can be avoided, however, by citing sources. Simply acknowledging that
certain material has been borrowed and providing your audience with the information necessary
to find that source is usually enough to prevent.

What about images, videos, and music?

Using an image, video or piece of music in a work you have produced without receiving proper
permission or providing appropriate citation is plagiarism. The following activities are very
common in todays society. Despite their popularity, they still count as plagiarism.

Copying media (especially images) from other websites to paste them into your own
papers or websites.
Making a video using footage from others videos or using copyrighted music as part of
the soundtrack.
Performing another persons copyrighted music (i.e., playing a cover).
Composing a piece of music that borrows heavily from another composition.
Certainly, these media pose situations in which it can be challenging to determine whether or not
the copyrights of a work are being violated. For example:

A photograph or scan of a copyrighted image (for example: using a photograph of a book

cover to represent that book on ones website)
Recording audio or video in which copyrighted music or video is playing in the
background.
Re-creating a visual work in the same medium. (for example: shooting a photograph that
uses the same composition and subject matter as someone elses photograph)
Re-creating a visual work in a different medium (for example: making a painting that
closely resembles another persons photograph).
Re-mixing or altering copyrighted images, video or audio, even if done so in an original
way.

The legality of these situations, and others, would be dependent upon the intent and context
within which they are produced.

The two safest approaches to take in regards to these situations is:

1) Avoid them altogether

or

2) Confirm the works usage permissions and cite them properly.

http://www.plagiarism.org/article/what-is-plagiarism

tunitin. "The plagiarism spectrum." What is Plagiarism? 18 may 2017: 2.

Types of Plagiarism:

Most student writers are aware of the need to avoid plagiarism. Some students, however, arent
aware of just how serious it is. Committing plagiarism is a form of theft or fraud, and can be
likened to stealing intellectual property. Engaging in plagiarism can result in grave
consequences, up to and including expulsion from the school you are attending. But in order to
truly avoid plagiarism, you need a deeper understanding of what it actually is. Its hard to avoid
something if you dont even realize youve done it! Thats why this article is going to get very
specific on all the different types of plagiarism (and there are several). This is one case where
what you dont know might very well hurt you, so read on.
I think its important to understand from the outset that some plagiarism is unintentional, while
other acts of plagiarism are intentional. Its scary to think that a simple mistake might result in an
accusation of plagiarism, so lets make sure you understand how this can happen.

Unintentional Plagiarism
Lets face it, mistakes do happen, but you have to make sure your mistakes arent the kind that
could be construed as committing plagiarism. The kinds of mistakes that might make someone
thing youve plagiarized include the following:

Poor Paraphrasing. Sometimes you might like the way something was worded by
someone else, or 0the idea they conveyed. But if all you do is change a few words while
still keeping the overall sentence structure, or switching the sentenced structure around
but not changing any words, it can easily look like youve committed plagiarism.
Poor Quoting. This one is unfortunate, because I see it happen all the time. All it takes is
a misplaced quotation mark getting a few of the words wrong in a quotation and it might
make someone think youve committed plagiarism. When it comes to quotations, you
have to get them exactly right. This is a very important part of the editing process. You
have to make sure you double and triple-check your quotations to ensure that they are
completely accurate and hone to perfection your paraphrasing and quoting techniques.
Poor Citation. The same goes for your citations as well. They simply have to be right.
Forgetting a citation here and there definitely looks like plagiarism to anyone checking or
grading your work.

I mention these various kinds of unintentional plagiarism because they have a way of sneaking
up on you without you even knowing it. But theyre also relatively easy to catch, so make sure
youre diligent in checking your own work.

https://unicheck.com/blog/types-of-plagiarism
Morrison, Sherman. "Types of Plagiarism: You Cant Avoid it if You Dont Know What it is." unicheck
(2015): 2.

Intentional Plagiarism:
This is when you knowingly pass of the work of others as your own. It is truly shocking to me
how many different websites are out there on the Internet blatantly selling pre-written essays on
all kinds of topics. It may be tempting to skip doing the work yourself, but these are also the
easiest kinds of plagiarism to detect because a simple Internet search reveals the availability of
those essays. Dont do it! Some students have gone so far as to get multiple papers on the same
topic and then pick and choose sections from each one in order to put together a new paper, but
these are still easily detected. Here are some different forms of intentional plagiarism:

(Morrison)Word Plagiarism. Using someone elses exact words without properly

quoting, citing, or referencing them
.
Structure Plagiarism. This is when you paraphrase poorly, and even with citation it may
be considered plagiarism
.
Style Plagiarism. What you cant do is follow source material sentence-for-sentence or
paragraph-for-paragraph. Even though none of your writing is exactly the same as the
source material, what youre copying here is the style of reasoning of someone else.

Idea Plagiarism. Any time you present an idea thats not your own, you must properly
cite and reference the source. This can get tricky because sometimes you might think
your idea is truly your own original idea. Thats why conducting thorough research is so
important to your writing. You need to make sure your idea hasnt already been claimed
by someone else. What you dont need to cite or reference are things that are considered
common knowledge. If youre ever unsure about this boundary, ask an expert or
professor for their opinion on whether or not the idea is considered common knowledge
in that field.

Metaphor Plagiarism. Metaphors are very important in writing. They help readers
understand an idea by comparing it to something else through an analogy. They are
important elements of an authors style. If youre going to use the same metaphor as
another writer, you need to properly cite it. Of course, you can also come up with your
own metaphor, especially if you think yours is better!

 Author Plagiarism. This is what Ive already mentioned in terms of taking an entire work
written by someone else and putting your name on it instead. Its surprising how many
students still try to do this even though its the most easily detectable form of plagiarism.

Self-Plagiarism. Can you plagiarize yourself? This type of plagiarism may be new to
you, but its one you need to be aware of. Im going to do a whole separate article on this
one because its probably the least understood of all of them. For now, just realize that
when you draw upon your own previous work, you still need to cite it, because otherwise
it will considered as cheating!

https://unicheck.com/blog/types-of-plagiarism

Morrison, Sherman. "Types of Plagiarism: You Cant Avoid it if You Dont Know What it is." unicheck
(2015): 2.
Consequences of plagiarism include:
Destroyed Student Reputation

Plagiarism allegations can cause a student to be suspended or expelled. Their academic record
can reflect the ethics offense, possibly causing the student to be barred from entering college
from high school or another college. Schools, colleges, and universities take plagiarism very
seriously. Most educational institutions have academic integrity committees who police students.
Many schools suspend students for their first violation. Students are usually expelled for further
offences.

Destroyed Professional Reputation

A professional business person, politician, or public figure may find that the damage from
plagiarism follows them for their entire career. Not only will they likely be fired or asked to step
down from their present position, but they will surely find it difficult to obtain another
respectable job. Depending on the offense and the plagiarists public stature, his or her name
may become ruined, making any kind of meaningful career impossible.

Destroyed Academic Reputation

The consequences of plagiarism have been widely reported in the world of academia. Once
scarred with plagiarism allegations, an academics career can be ruined. Publishing is an integral
part of a prestigious academic career. To lose the ability to publish most likely means the end of
an academic position and a destroyed reputation.

Legal Repercussions

The legal repercussions of plagiarism can be quite serious. Copyright laws are absolute. One
cannot use another persons material without citation and reference. An author has the right to
sue a plagiarist. Some plagiarism may also be deemed a criminal offense, possibly leading to a
prison sentence. Those who write for a living, such as journalists or authors, are particularly
susceptible to plagiarism issues. Those who write frequently must be ever-vigilant not to err.
Writers are well-aware of copyright laws and ways to avoid plagiarism. As a professional writer,
to plagiarize is a serious ethical and perhaps legal issue.
Plagiarism and Copyright Infringement:

Plagiarism invites the charges of copyright infringement in most of the cases. But
there is a difference between plagiarism and copyright infringement. In plagiarism the
use of authors work is done without giving attribution to him whereas the use of
authors work without the permission where the work is protected by copyright, it is
known as copyright infringement. Plagiarism is an act related with moral wrong apart
from inviting legal action as the the original author has the moral right to be called the
author of the work.

Plagiarism may occur even without the copyright infringement. Copyright

infringement will occur only if the work that is copied is protected by copyright but
the use of a work without crediting its author would be plagiarism.

Laws concerned with Plagiarism:

The right not to be plagiarised is not recognised by any of the statute in India, but the
section 57 of the Indian Copyright Act, 1957 gives authors the right to claim
authorship of their works among other things.

The section 57 of the Indian Copyright Act,1957 grants to the authors the special
right to be attributed for their work. It is a moral right and perpetual in nature. The
statute recognises the right to attribution analogous to the rights not to be plagiarised.

Section 63 of the Indian Copyright Act, 1957 is considers infringement as the criminal
offence and awards the same punishment for both i.e., the violation of section 57 and
the copyright infringement.

The convicted infringers are awarded imprisonment that ranges between six months to
three years under section 63 of the Act. They have also compensate in monetary terms
for the act of infringing.

Section 63 (A) of the same act stipulates an enhanced penalty for second and
subsequent convictions.
Indian Judiciary and Plagiarism:

The dramatic allegation of plagiarism was made on the Divisional Bench of the Delhi
High Court by the Spicy IP blog on December 1, 2015. The Delhi High Court
plagiarised thirty three paragraphs of its judgment in Roche V. Cipla case from a law
review article written by Swetashree Majumdar and Eashan Ghosh in the Queen Mary
Journal of Intellectual Property. The Delhi High Court acknowledged the truth of the
plagiarism report in an order passed on th 8th December, 2015 and apologised to the
authors. The responsibility of the plagiarism was laid down to an intern who was told
to write a precise facts of the case.

cases related to plagiarism in india:

1.Dr. P. Ramamoorthi vs The Madurai Kamaraj University ... on 17 November,

2000:

On behalf of the first respondent University, the Registrar has filed a counter affidavit
disputing various averments made by the petitioner. It is stated that an Article "The Cycle
of sin in Shakespeare's Late Plays" was authored by W.B. Thorne, Professor of English,
Queens University, Ontario, Canada. It was published in the Journal, "Upstart Crow"
Volume IV 86-93 in 1982. The petitioner herein had published the article of W.B.
Thorne, plagiarizing it verbatim under the marginally altered title "Ritual of Atonement
in Shakespeare's Late Plays" in the Aligarh Journal of English studies, 12:12 in the year
1987. This intellectual theft of plagiarism by the petitioner was detected by Ms. Melody
Chan, a research scholar, working under Dr. James L Harner, Professor of English-Texas,
A and M University, Texas in 1991. Dr. James L. Harner also happens to be the Editor,
World Shakespeare Bibliography. So he contacted W.B. Thorne through a letter dated
9.12.1991 and asked whether he had published the article "The Cycle of Sin in
Shakespeare's Late Plays" under a pseudonym in Aligarh Journal of English Studies.
W.B. Thorne by his letter dated 17.12.1991, denied publishing the article under a
pseudonym and maintained that the petitioner had stolen his article and had it published
in "Aligarh Journal of English Studies" in 1987. Thereafter, Dr. James L Harner
contacted Dr. Agrawala, Secretary of Association of Indian Universities, New Delhi, who
in turn contacted the Vice Chancellor of Madurai Kamaraj University by a letter dated
30.10.1992 to take appropriate action against the petitioner. Then a Syndicate Sub-
Committee was constituted on 13.11.1992 as per Rule 25 (a) relating to powers of
Syndicate.
I have carefully considered the rival submissions.

In view of narration of the case of the petitioner as well as the University in the earlier
part of my Order, it is unnecessary to refer the same once again. On the basis of the letter
dated 30.10.1992 of the Secretary of Association of Indian Universities, New Delhi,
addressed to the Vice-Chancellor, Madurai Kamaraj University, 2nd respondent herein,
regarding plagiarizing the Article published by W.B. Thorne, necessary action was
initiated by the Syndicate. There is no dispute that an article "The Cycle of Sin in
Shakespeare's Late Plays" was authored by W.B. Thorne, Professor of English Queens
University, Ontario, Canada. The same was published in the Journal, "Upstart Crow"
Volume IV 86-93 in 1982. The petitioner herein had also published the same article of
W.B. Thorne under the title "Ritual of Atonement in Shakespeare's Late Plays",
by plagiarizing it verbatim in the Aligarh Journal of English studies. The said act was
brought to the notice of the original author W.B. Thorne by one Ms. Melody Chan, a
research scholar working under Dr. James L. Harner, Professor of English, A and M
University, Texas in 1991. Upon the said detection, Dr. James L. Harner by his letter
dated 9.12.1991 contacted W.B. Thorne in order to ascertain whether the latter had
published the article in Aligarh Journal of English Studies. W.B. Thorne by his letter
dated 17.12.1991 denied the publication in the Aligarh Journal of English Studies in
1987. In the light of the above particulars and on the basis of the complaint made by the
Secretary of the Association of Indian Universities, New Delhi, the then Syndicate Sub-
committee was constituted on 13.11.1992. There is no dispute that as per the Rules of the
University, Syndicate alone is the competent authority to take action. The Syndicate Sub-
committee, on a comparison of the above two articles framed necessary charges which
were communicated to the petitioner with questionnaire form on 25.11.1992. It is also
seen that as per the request made by the petitioner for supply of a copy of article of W.B.
Thorne to enable him to submit his explanation, the said copy was also supplied to him
on 30.11.1992. Thereafter, he submitted his explanation on 14.12.1992.

10. Before considering the enquiry proceedings of the Syndicate Sub-committee and the
ultimate decision, I shall consider the contentions of the petitioner that the proceedings
initiated by the Registrar of the Madurai Kamaraj University cannot be sustained. In this
regard, it is relevant to note that on receipt of a letter dated 30.10.1992 from Dr.
Agrawala, Secretary of Association of Indian Universities, New Delhi, the then Vice-
Chancellor himself had sent a note to the petitioner with regard to the act of plagiarism of
the article written by W.B. Thorne and after stating that the matter is of very serious in
nature, directed him to submit his written explanation for taking further action in the
matter. The said note is dated 9.11.1992. On 13.11.1992, the personal assistant to Vice-
Chancellor reminded the petitioner to otter his explanation. The Registrar, in his letter
dated 22.11.1992 sent to the petitioner through the Head of the Department of Art
History, Aesthetics and Fine Arts, requesting him to appear before the Syndicate Sub-
Committee at 10 A.M. on 24.11.1992 to enquire the plagiarism committed by him. On
25.11.1992, as per the deliberation of the Syndicate Sub-committee, charges have been
framed and petitioner was directed to offer his defence within 15 days. In the same
proceedings, the petitioner was directed to state whether he desires to have oral enquiry
and or personal hearing. A questionnaire form was also enclosed with a direction to fill in
the same and submit it along with his written statement of defence. By pointing out the
said communication, learned Counsel for the petitioner has contended that the Registrar
has no authority to send such a communication and that he is not the competent authority
to take action against the petitioner. Chapter IV of the Madurai University Act, 1965
speaks about the powers and duties of the Syndicate, while Chapter VI, refers to the
appointment, power and duties of the Registrar, Deputy Registrar and Assistant Registrar.
Section 8 of the Act enumerates various duties of the Registrar. It is clear that the
Registrar is the custodian of all records, common seal and property of the University as
the Syndicate shall commit to his charge. He is to act as the Secretary to the Syndicate
and to attend all meetings of the Senate, Academic Council, Faculties, Syndicate and any
committees appointed by these authorities and to keep minutes thereof. As per Clauses
(c) and (d) of Regulation 8 of Chapter VI Laws of the University, he has to conduct the
official correspondence of the Syndicate and the Senate and to issue all notices for
convening meetings of the Senate, Academic Council, Faculties, Syndicate etc., Clause
(e) of the said Regulation 8 gives him power to perform such other work as prescribed by
the Syndicate and to render such assistance as may be desired by the Vice-Chancellor in
the performance of his official duties. In such a circumstance, I am unable to accept the
contra argument made by the learned Counsel for the petitioner and I hold that the
Registrar has not exceeded his power or limit in any way.

In such a circumstance, interference by this Court under Article 226 of the Constitution is
very limited. Further, by the act of the petitioner, namely, committing plagiarism,
undoubtedly he had lowered the image of Madurai Kamaraj University and the
respondents are justified in taking appropriate action. The allegations made against the
second respondent Vice-Chancellor are baseless and cannot be accepted. The petitioner,
who had stolen the article of another person and degraded the name of the University and
the Nation, cannot try to escape in the umbrella by saying that plagiarism is neither
dereliction of duty nor a misconduct. As rightly contended, the act of plagiarism can be
construed as misconduct and dereliction of duty since the plagiarized article was added to
his contributions and was considered for promotion. Equally his contention that the
author W.B. Thorne has not made any complaint cannot be accepted, since it was he who
had requested the Secretary of the Association of Indian Universities to look into the
matter and take action. As a matter of fact, the University in which W.B. Thorne was
working had referred the matter to the Association of Indian Universities and in turn the
Association of Indian Universities referred the matter to the Madurai Kamaraj University
to take necessary action on the petitioner. I am satisfied that the name of Madurai
Kamaraj University was affected very badly because of the conduct of the petitioner
in plagiarizing the work of W.B. Thorne. Though it is stated that two separate enquiries
have to be conducted, for the reasons mentioned above, the said contention is also liable
to be rejected. I am satisfied that the demotion awarded to the petitioner as a Lecturer
along with the reduction to basic pay is fully justified since the personal plagiarism
committed by the petitioner, the reputation of the other research scholars in our State and
country is also at stake. If any indulgence is shown to persons like the petitioner, who had
verbatim plagiarized another man's article, the name of the University in the international
arena will be ruined.
 2.Dr. M. Venkataramanappa vs The Chancellor, Bangalore ... on 4 March, 2008:

This writ appeal is directed against the order dated 13.04.2007 in W.P. No, 13031/2006 passed
by the learned Single Judge dismissing the writ petition filed by the appellant.

In the year 2002 the respondent- University awarded Ph.D. by duly admitting the appellant for
convocation for his research on the subject "Small Farmers in Rural Karnataka-A Sociological
Study". The first respondent - Chancellor received complaints stating that the thesis submitted by
the appellant was plagiarized. Similar complaints were also given to the fourth respondent - Vice
Chancellor. The first respondent - Chancellor by his communication dated 29.03.2003 directed
the fourth respondent - Vice Chancellor to enquire into the matter and to take appropriate action
and to report compliance of the same within one month. Before the communication dated
29.03.2003 reached the Vice Chancellor, the respondent - University referred the thesis
submitted by the appellant to the Institute for Social and Economic Changes and they submitted
a report on 14.02.2003 and the relevant portion reads as under:

Please find below a detailed assessment based on my reading of the two Dissertations. In short, I
may summarize here by finding as confirming that there is a prima facie evidence
of plagiarisation on the part of the author of the second Dissertation, who is said to be doctoral
student of the author of the first. Surprisingly, however, even the dissertation by the research
guide has sufficient evidence of plagarisation from other sources.

3. Thereafter the University has referred the matter to a Committee of three outside experts. The
Committee submitted its report stating that the allegation of plagiarism as baseless. The
academic council and the syndicate of the respondent - University accepted the report submitted
by the Committee of three experts. Long thereafter the first respondent - Chancellor by
exercising his powers under Section 8 of the Karnataka State Universities Act, 2000 (for short
'the Act') issued notification on 30.08.2006 appointing an enquiry committee to enquire into the
allegation of plagiarism of Ph.D. thesis submitted by the appellant and the involvement of his
guide, Professor B.C. Mylaraiah. The appellant, being aggrieved by the impugned notification
dated 30.08.2006 filed W.P. No. 13031/2006. The learned Single Judge, under the impugned
order, dismissed the writ petition and upheld the action of first respondent - Chancellor in
initiating enquiry against the appellant. Hence, this writ appeal.
 The material on record discloses that the respondent University at the first instance referred the
thesis submitted by the appellant to the Institute for Social and Economic Changes and they
submitted a report on 14.02.2003 stating that there is prima facie evidence of plagiarisation on
the part of the appellant (emphasis is supplied by us). Ignoring this report submitted by the
Institute for Social and Economic Changes, the respondent University appointed a committee of
three outside experts. It is worth noting that this expert committee submitted its report stating
that the allegation of plagiarism is baseless; interestingly the academic council of the Syndicate
of the respondent University without demur accepted the report submitted by the committee of
three experts. Having secured the concerned file from the office of the Chancellor we have
perused the same and furthermore gone through very meticulously and carefully to reach at the
bottom of truth with regard to the allegation of the plagiarism by the appellant and the same
discloses that the report submitted by committee of three experts and the decision of the
academic council of the Syndicate of the respondent University accepting the report was not at
all communicated to the Chancellor. The notings in the file of the Chancellor discloses that the
file in question remained dormant for long length of time without being brought to the notice of
the Chancellor. Therefore we are of the considered view that the respondent University, for the
reasons best known to it, failed to comply in letter and spirit the directions issued by the
Chancellor in his communication dated 29.03.2003 on the point at controversy.

3.Indian Institute Of Management vs Ukakant Shrivastva on 16 March, 2001:

The respondent No.1 volunteered and submitted materials. The book in question, its later
version and review of the books etc. were before the Committee. A letter dated 6.7.92
and its enclosure were placed before the Committee and the Committee as aforesaid was
asked to determine whether there was evidence of plagiarism in the book co-authored by
the respondent No.1 or not. The Committee met the respondent No.1 and heard him.
Thereafter report was submitted to the Director on 17.8.92. The members of the
Committee arrived at a unanimous conclusion that "the identicalness of several portions
of SSS spread over several chapters constitutes plagiarism". The Committee found
copying without acknowledgment of the source atleast at 10 different places including 5
foreign books and some other Indian books (all books were published prior to the
publication of the book by the respondent No.1). Identical material prepared at the
I.I.M.A. was used. Report is annexed with the affidavit-in-reply.

Learned counsel Mr. Nanavati, in view of the affidavit filed by Prof. Sharma and the
letter produced on record addressed by IRMA submitted that even the co-author who
indulged in plagiarism with reference to the same book, was punished by another
Institute. Despite the punishment, Prof. Sharma has stated in the affidavit filed by him
that IRMA has exonerated him from the charge. Hence, the averment so far as
exoneration is concerned, is not correct. One thing is certain; in the field of
education, plagiarism is not approved and should not be approved.

The respondent No.1 was consulted before appointing the committee as it is clear from
the material placed before the Court. Not only that, one member of the Committee was a
member of the choice of the respondent No.1 , and therefore, it is not proper on the part
of the respondent No.1 to throw mud at the Institute.

It is further pointed out by the appellant that the order passed by the management is not
an order by way of punishment but it is an order of removal simpliciter on account of loss
of confidence or discharge simpliciter. The order is produced on record at page 33, which
is dated 5th January 1993. Reading the same, it is clear that the Institute was of the
opinion that it is not in the interest of the Institute to continue the respondent No.1 in
service. His services were therefore terminated with immediate effect. In lieu of three
months notice, payment of three months salary was enclosed with the letter through
banker's pay order and the details thereof are also mentioned in the letter. The
management has thus removed the respondent No.1 in the interest of the Institute. There
is no reference to plagiarism though it is found that the respondent No.1 had indulged
in plagiarism. The Apex Court in the case of WORKMEN OF SUDDER OFFICE,
CINNAMARA v. MANAGEMENT reported in 1971 (2) LLJ 620 had an occasion to
consider the case of termination simpliciter or with malafides. In the WORKMEN OF
SUDDER OFFICE case, learned counsel pointed out the decision of the Apex Court in
the case of ASSAM OIL COMPANY vs. ITS WORKMEN 1960 (1) LLJ 587, RUBY
GENERAL INSURANCE CO. LTD. vs. CHOPRA (PP) 1970 (1) LLJ 63,
and HINDUSTAN STEELS LTD., ROURKELA vs. ROY (A.K.) & ORS. 1970 (1) LLJ
228 in support of his propositions that on examination of all the circumstances, if the
apprehension of the employer that he has lost trust and confidence in the employee and as
such it is not in the interest of the employer to retain the employee in its service is
accepted as genuine and honest, a case should be considered to have properly made out
against reinstatement and that it is a case when compensation would meet the ends of
justice. In paragraph 25 of the said case, the Court pointed out that :
 In the instant case, the proceedings were initiated as letter was received from a student
about plagiarism. The letter is on the record. The Committee was constituted for making
an inquiry. The respondent No.1 has also appointed a member in the Committee who was
a person of his choice. The committee examined the book to arrive at a conclusion
whether the act of plagiarism is proved or not. All the reports are on the record. As
indicated earlier, personal hearing was given and his comments were also called for in
connection with the report. It may be noted that in the meeting there was discussion for a
different kind of punishment. However, later on the respondent No.1 resiled from what he
stated. That part is not relevant in the instant case. In the educational institution, if the
teachers are indulging in the act of plagiarism, it will have an adverse impact on the
students. Ultimately, after giving an opportunity to the respondent No.1 , a decision was
taken, which is reflected in Annexure 'A' at page 33. The Apex Court in the case of U.P.
STATE CO-OP. LAND case (supra), in paragraph 17 pointed out that:

Monetary Repercussions

Many recent news reports and articles have exposed plagiarism by journalists, authors, public
figures, and researchers. In the case where an author sues a plagiarist, the author may be granted
monetary restitution. In the case where a journalist works for a magazine, newspaper or other
publisher, or even if a student is found plagiarizing in school, the offending plagiarist could have
to pay monetary penalties.

Plagiarized Research

Plagiarized research is an especially egregious form of plagiarism. If the research is medical in

nature, the consequences of plagiarism could mean the loss of peoples lives. This kind of
plagiarism is particularly heinous.

The consequences of plagiarism are far-reaching and no one is immune. Neither ignorance nor
stature excuses a person from the ethical and legal ramifications of committing plagiarism.
Before attempting any writing project, learn about plagiarism. Find out what constitutes
plagiarism and how to avoid it. The rules are easy to understand and follow. If there is any
question about missing attribution, try using an online plagiarism checker or plagiarism detection
software to check your writing for plagiarism before turning it in. Laziness or dishonesty can
lead to a ruined reputation, the loss of a career, and legal problems.
Deteriorating Condition of Education System due to plagiarism

After a lot of cases arising about plagiarism, the regulator of the higher education i.e.,
UGC (University Grants Commission) is serious about it and provided guidelines to
be followed by the Universities to check plagiarism in academic activities. Puducherry
University has taken strict measures against plagiarism and dismissed a faculty
member guilty of plagiarism. All these incidents are very unfortunate and
disappointing for our current educational standard. Plagiarism is considered as an
academic sin by the Universities all over the world.
India does not have any particular statutory body to deal with academic plagiarism
and the cases related with plagiarism are often dealt on Ad-Hoc basis depending upon
the different situation and nature of the case.In the era of professionalism, one of the
important topic that needs attention is Professional Ethics. If the world starts to
copy one another then the individualism will lose its importance and it will lead to
retardation in growth.
 How To avoid plagiarism:
Writing a research paper poses challenges in gathering literature and providing evidence for
making your paper stronger. Drawing upon previously established ideas and values and adding
pertinent information in your paper are necessary steps, but these need to be done with caution
without falling into the trap of plagiarism.
Plagiarism is the unethical practice of using words or ideas (either planned or accidental) of
another author/researcher or your own previous works without proper acknowledgement.
Considered as a serious academic and intellectual offense, plagiarism can result in highly
negative consequences such as paper retractions and loss of author credibility and reputation. It
is currently a grave problem in academic publishing and a major reason for retraction of research
papers.
It is thus imperative for researchers to increase their understanding about plagiarism. In some
cultures, academic traditions and nuances may not insist on authentication by citing the source of
words or ideas. However, this form of validation is a prerequisite in the global academic code of
conduct. Non-native English speakers face a higher challenge of communicating their technical
content in English as well as complying with ethical rules. The digital age too affects plagiarism.
Researchers have easy access to material and data on the internet which makes it easy to copy
and paste information.
Guard yourself against plagiarism, however accidental it may be. Here are some effective tips to
avoid plagiarism.
1.PARAPHRASE: First find information that is perfect for your research papers . Read it and put
it in your words . make sure you dont copy verbatim more than two words in a row from the
text you have found.and if you more than words in a row than you have to use quotation marks.

2. Quoting
Use quotes to indicate that the text has been taken from another paper. when quoting make sure
that The quotes should be exactly the way they appear in the paper you take them fromA scholor
should be able to effectively paraphrase most material.this process takes time but must be done
to avoid plagiarism.

3. Identify what does and does not need to be cited

Any words or ideas that are not your own but taken from another paper need to be cited
 Cite Your Own MaterialIf you are using content from your previous paper, you must cite yourself.
Using material you have published before without citation is called self-plagiarism.
The scientific evidence you gathered after performing your tests should not be cited.
Facts or common knowledge need not be cited. If unsure, include a reference.

4. citations

citing is one of the effective way of avoiding plagiarism follow the document formatting guidelines(i.e.
APA, MLA ,Chicago etc ) used by your educational institute .citing is really that simple . not citing
properly constitute plagiarism
Maintain records of the sources you refer to. Use citation software like Endnote or Reference Manager to
manage the citations used for the paper
Use multiple references for the background information/literature survey. For example, rather than
referencing a review, the individual papers should be referred to and cited.

5. Refrences
one of the most important ways to avoid plagiarism is include a reference page or pages of work cited at
the end of the paper. again this page must meet the document formatting guidelines used by your
educational institution. this information is very specific and include the author , date of the publication ,
title and source.

CONCLUSION:

Plagiarism many people think of plagiarism as copying another's work, or borrowing someone
else's original ideas. But terms like "copying" and "borrowing" can disguise the seriousness of
the offense:
According to the Merriam-Webster Online Dictionary, to "plagiarize" means
To steal and pass off (the ideas or words of another) as one's own
To use (another's production) without crediting the source
To commit literary theft
To present a new and original idea or product derived from an existing source.
In other words, plagiarism is an act of fraud. It involves both stealing someone else's work and
lying about it afterward. Plagiarism is important to me as a university student because I would
not want to be accused of stealing someone else work or giving in an assignment where I did not
acknowledge my sources. I think that it is important that primary school children should be
taught what plagiarism is about and how you can prevent it. Most cases of plagiarism can be
avoided, however, by citing sources. Simply acknowledging that certain material has been
borrowed, and providing your audience with the information necessary to find that source, is
usually enough to prevent plagiarism.
How students can prevent plagiarism
To avoid plagiarism you must give credit whenever you use another persons ideas, opion or
theory. Any facts statistics graphs, drawings any piece of information that are not common
knowledge.

Plagiarism is a form of theft that costs the taxpayer thousands of rands a year through the
payment of salaries and salary increases to people who do not merit such payments. Even worse
is the fact that the practice of plagiarism often helps place people in positions of authority who
do not deserve such positions. Further, because they know their own work is weak, plagiarists
will strive to ensure the appointment of poor scholars who are unlikely to discover their
misdemeanours. Thus a plagiarist is likely to wreck an entire department and undermine the
quality of a field or discipline. As a result the overall effect can be devastating.
For these reasons plagiarism must be prevented at all levels of academic work from student
papers to academic books. Nevertheless, care must be taken whenever one suspects a writer of
plagiarism. It cannot be stressed enough that everyone makes a few mistakes and that genuine
cases of similar use may easily occur.
REFERENCES:

http://www.plagiarism.org/article/what-is-plagiarism

tunitin. "The plagiarism spectrum." What is Plagiarism? 18 may

2017: 2.

https://unicheck.com/blog/types-of-plagiarism

Morrison, Sherman. "Types of Plagiarism: You Cant Avoid it if

You Dont Know What it is." unicheck (2015): 2.

http://www.ithenticate.com/resources/papers/research-misconduct
http://www.ithenticate.com/resources/6-consequences-of-plagiarism
https://indiankanoon.org/search/?formInput=plagiarism
https://blog.ipleaders.in/plagiarism-law-india/