Indian Criminal Law
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Indian Criminal Law
Indian criminal law is the law relating to criminal conduct in India. Divisions Indian criminal laws are divided into three major acts i.e. Indian Penal Code, 1860, Criminal Procedure Code, 1973 (India), Code of Criminal Procedure, 1973, and Indian Evidence Act, 1872. Indian Penal Code is a Substantive Law that defines rights and duties etc. Code of Criminal Procedure defines the rules with which substantive laws can be enforced. Besides these major acts, special Criminal Laws are also passed by the Indian Parliament, i.e., Narcotic Drugs and Psychotropic Substances Act, 1985, NDPS, Prevention of Corruption Act, Food Adulteration Act, Dowry Prohibition Act, The Defence of India Act, etc. thousands of minor laws are made in India. History The Indian Penal Code, formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. Jury trials were abolished by the Government of India, government in 1960 on the grounds they would be susceptible to Ma ...
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India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the north; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives; its Andaman and Nicobar Islands share a maritime border with Thailand, Myanmar, and Indonesia. Modern humans arrived on the Indian subcontinent from Africa no later than 55,000 years ago., "Y-Chromosome and Mt-DNA data support the colonization of South Asia by modern humans originating in Africa. ... Coalescence dates for most non-European populations average to between 73–55 ka.", "Modern human beings—''Homo sapiens''—originated in Africa. Then, interm ...
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Indian Penal Code
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions. After the partition of the British Indian Empire, the Indian Penal Code was inherited by India and Pakistan, where it continues independently as the Pakistan Penal Code. After the independece of Bangladesh from Pakistan, the code continued in force there. The Code was also adopted by the British colonial authorities in Colonial Burma, Ce ...
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Criminal Procedure Code, 1973 (India)
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents. At present, the act contains 565 sections, 5 schedules and 56 forms. The sections are divided into 46 chapters. History In medieval India, subsequent to the law set by the Muslims, the Mohammedan Criminal Law came into prevalence. The British rulers passed the Regulating Act of 1773 under which a Supreme Court was established in Calcutta and later on at Madras and in Bombay. The Supreme Court was to apply British procedura ...
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Indian Evidence Act
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law. Importance The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, community, faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians. The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation. The Act The Indian Evidence Act, identified as Act ...
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Narcotic Drugs And Psychotropic Substances Act, 1985
The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance. The bill was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and came into force on 14 November 1985. The NDPS Act has since been amended four times — in 1988, 2001, 2014 and 2021. The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India. The Narcotics Control Bureau was set up under the act with effect from March 1986. The Act is designed to fulfill India's treaty obligations under the Single Convention on Narcotic Drugs, Convention on Psychotropic ...
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Prevention Of Corruption Act
Prevention of Corruption Act (with its variations) is a stock short title used for legislation in India, Malaysia and the United Kingdom relating to corruption and bribery. The Bill for an Act with this short title will have been known as a Prevention of Corruption Bill during its passage through Parliament. Prevention of Corruption Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to corruption. It is a term of art in the United Kingdom List India *The Prevention of Corruption Act, 1988 Malaysia *The Prevention of Corruption Act 1961 Singapore *The Prevention of Corruption Act (Chapter 241) United Kingdom *The Public Bodies Corrupt Practices Act 1889 (52 & 53 Vict. c.69) *The Prevention of Corruption Act 1906 (6 Edw.7 c.34) *The Prevention of Corruption Act 1916 (6 & 7 Geo.5 c.64) The Prevention of Corruption Acts 1889 to 1916 is the collective title of the Public Bodies Corrupt Practices Act 1889, the Prevention of ...
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Food Adulteration Act
Food is any substance consumed by an organism for nutritional support. Food is usually of plant, animal, or fungal origin, and contains essential nutrients, such as carbohydrates, fats, proteins, vitamins, or minerals. The substance is ingested by an organism and assimilated by the organism's cells to provide energy, maintain life, or stimulate growth. Different species of animals have different feeding behaviours that satisfy the needs of their unique metabolisms, often evolved to fill a specific ecological niche within specific geographical contexts. Omnivorous humans are highly adaptable and have adapted to obtain food in many different ecosystems. The majority of the food energy required is supplied by the industrial food industry, which produces food with intensive agriculture and distributes it through complex food processing and food distribution systems. This system of conventional agriculture relies heavily on fossil fuels, which means that the food and agricu ...
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Dowry Prohibition Act
The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is referred to dahez in Hindi and as ''jahez'' in Urdu. The dowry system can put great financial burden on the bride's family. In some cases, the dowry system leads to crime against women, ranging from emotional abuse and injury to even deaths. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 approved by the Parliament of India and subsequently by Sections 304B and 498A of the Indian Penal Code. The Dowry Prohibition Act 1961 defines dowry: "Dowry means any property or valuable security given or agreed to be given either directly or indirectly - (a) by one party in marriage to the other party in marriage; or (b) by the parents of either party to a marriage or by any other person to either party to marriage or to any o ...
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The Defence Of India Act
''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with pronouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of pronoun ''thee'') when followed by a ...
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British Raj
The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent; * * it is also called Crown rule in India, * * * * or Direct rule in India, * Quote: "Mill, who was himself employed by the British East India company from the age of seventeen until the British government assumed direct rule over India in 1858." * * and lasted from 1858 to 1947. * * The region under British control was commonly called India in contemporaneous usage and included areas directly administered by the United Kingdom, which were collectively called British India, and areas ruled by indigenous rulers, but under British paramountcy, called the princely states. The region was sometimes called the Indian Empire, though not officially. As ''India'', it was a founding member of the League of Nations, a participating nation in the Summer Olympics in 1900, 1920, 1928, 1932, and 1936, and a founding member of the United Nations in ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the ...
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Jury Trial
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. Only the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malicious prosecution and false imprisonment suits in England and Wales), but true civil jury trials are almost entirely ...
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