Basic Knowledge of Laws in India

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Basic Knowledge of Laws in India

The law is an amorphous set of rules govern individuals and group behavior. We don’t even know about many of these rules or we understand them only generally. For example, you don’t need to see a written law to know that it’s a crime to steal or destroy someone else property.  In other words, the law is a system of rules that are created and enforced through the social or governmental institution to regulate behavior. Stamp that regulates and ensure that individuals or community support to the will of the state.

India maintains a hybrid legal system including all above described four laws within legal Framework inherited from the colonial era and various legislations firstly introduced by British. The constitution of India is the longest Written Constitution for a century. It contains450 articles, 12 schedules 101 amendment and 117,369 words. This makes the Indian Law system a very extensive one.

Criminal law system in india

The Criminal Justice System (CJS) includes the institutions/agencies and processes established by a government to control crime in the country. This includes components like police and courts.

The aim of the Criminal Justice System (CJS) is to protect the rights and personal Liberty of individuals and the Society against its invasion by others. The Criminal law in India is contained in a number of sources – The Indian Penal Code of 1860, the Protection of civil Rights Act, 1955, Dowry Prohibition Act, 1961 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Contract laws in india

Law of contracts in India defines Contract as an agreement enforceable by law which offers personal rights, and imposes personal obligations, which the law protects and enforces against the parties to the agreement. The general law of contract is based on the conception, which the parties have, by an agreement, created legal rights and obligations, which are purely personal in their nature and are only enforceable by action against the party in default.

Labour laws in india

Indian labour law refers to laws regulating labour in India. Traditionally, Indian governments at federal and state level have sought to ensure a high degree of protection for workers, but in practice, this differs due to form of government and because labour is a subject in the concurrent list of the Indian Constitution.

Tort law in india

The word tort has been derived from a Latin word “tortum” which means twisted or crooked. According to Salmond, “Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of contract, or, the breach of trust, or, other merely equitable obligation.”

To deal with the malicious behavior of the people tort existed in Hindu and Muslim law but it can be said that tort was formally introduced by the Crown in India. It is based on the principles of Equity, justice, and good conscience. The law of torts is based on the principles of ‘common law’ which is mainly the English law of torts. The application of the law of tort is an applied selectively in Indian courts keeping in mind if it suits the circumstances of Indian Society.

Tax Laws in india

Indian tax law involves several different taxes levied by different governments. Income tax is levied by the Central Government under the Income Tax Act 1961. Customs and excise duties are also levied by the Central government. Sales tax is levied under VAT legislation at the state level.  The authority to levy a tax is derived from the Constitution of India which allocates the power to levy various taxes between the Centre and the State. An important restriction on this power is ARTICLE 265 of the Constitution which states that “No tax shall be levied or collected except by the authority of law.” Therefore, each tax levied or collected has to be backed by an accompanying law, passed either by the Parliament or the State Legislature.

 

Trust law in india

Indian Trusts Act, 1882 is an Act in India related to private trusts and trustees. Indian Trusts Act 1882 deals with all the matters related to trusts, trustee and beneficiaries .According to section 10 of Indian Trusts Act 1882 states that “Every Person capable of holding property may be a trustee; but, where the trust involves the exercise of discretion, he cannot execute it unless he is competent to contract.”  The position of trustee is an extremely important one, as trustees are in a “fiduciary” relationship with the trust’s beneficiaries. This means that they are in a special position of trust and accordingly have a number of significant duties. If you are a trustee, it is vital that you familiarise yourself with those duties, as you can be liable for “breach of trust” if you do not full fill them. Any person who can own property may be a trustee. A minor (someone under 20) can be a trustee, but a court would have to appoint someone to act as trustee until the minor turns 20.

Family laws / Personal law in india

Law relating to marriage and/or divorce has been codified in different enactments applicable to people of different religions. These are:

  • The Converts’ Marriage Dissolution Act, 1866
  • The Indian Divorce Act, 1869
  • The Indian Christian Marriage Act, 1872
  • The Kazis Act, 1880
  • The Anand Marriage Act, 1909
  • The Indian SUCCESSION Act, 1925
  • The Child Marriage Restraint Act, 1929
  • The Parsi Marriage and Divorce Act, 1936
  • The Dissolution of Muslim Marriage Act, 1939
  • The Special Marriage Act, 1954
  • The Hindu Marriage Act, 1955
  • The Foreign Marriage Act, 1969 and
  • The Muslim Women (Protection of Rights on Divorce) Act, 1986.

The Special Marriage Act, 1954 extends to the whole of India except the State of Jammu and Kashmir, but also applies to the citizens of India domiciled in Jammu and Kashmir. Persons governed by this Act can specifically register marriage under the said Act even though they are of different religious faiths. The Act also provides that the marriage celebrated under any other form can also be registered under the Special Marriage Act, if it satisfies the requirements of the Act. The section 4(b) (iii) of the Act was amended to omit the words “or epilepsy.” Sections 36 and 38 have been amended to provide that an application for alimony pendente lite or the maintenance and Education of minor children be disposed of within 60 days from the date of service of notice on the respondent.

Nationality law / Citizenship-2/”>Citizenship act 1955

Citizenship law in India is governed by the Citizenship Act 1955 and The Constitution of India. India is one of few countries whose citizenship law is incorporated in the constitution itself. Due to unavoidable circumstances arose because of the partition of India and Pakistan and the freedom of Indian state to either join the Union or leave it, the citizenship law had to be incorporated in the constitution itself.

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The Indian Constitution is the supreme law of India. It was adopted on 26 November 1949, and came into effect on 26 January 1950. The Constitution provides for a parliamentary System of Government, with a President as the head of state and a Prime Minister as the head of government. The Constitution also guarantees certain Fundamental Rights to all citizens, including the right to Equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

Criminal law is the body of law that deals with crimes and their punishment. Crimes are defined as acts that are harmful to society and that are punishable by the state. Criminal law is designed to protect the public from harm and to ensure that justice is served.

Civil Law is the body of law that deals with the rights and obligations of individuals and businesses. Civil law is designed to resolve disputes between individuals and businesses and to protect the rights of individuals.

Contract law is the body of law that governs the formation, performance, and enforcement of contracts. A contract is an agreement between two or more parties that creates an obligation to do or not do something. Contract law is designed to protect the rights of parties to contracts and to ensure that contracts are enforced.

Tort law is the body of law that deals with civil wrongs, or torts. A tort is a wrongful act that causes harm to another person or property. Tort law is designed to compensate victims of torts and to deter others from committing torts.

Property law is the body of law that deals with the ownership and use of property. Property can be real property (land and buildings) or personal property (tangible and intangible items). Property law is designed to protect the rights of property owners and to ensure that property is used in a responsible manner.

Family law is the body of law that deals with the relationships between family members. Family law includes laws governing marriage, divorce, child custody, and child support. Family law is designed to protect the rights of family members and to ensure that families are able to function effectively.

Labour law is the body of law that deals with the relationship between employers and employees. Labour law includes laws governing wages, working hours, and occupational safety and Health. Labour law is designed to protect the rights of employees and to ensure that they are treated fairly by their employers.

Company law is the body of law that governs the formation, operation, and dissolution of companies. A company is a legal entity that is separate from its owners. Company law is designed to protect the interests of shareholders, creditors, and the public.

Taxation law is the body of law that governs the collection of taxes. Taxes are compulsory payments that are made to the government. Taxation law is designed to raise revenue for the government and to promote Economic Development.

Intellectual property law is the body of law that protects intellectual property, such as patents, trademarks, and copyrights. Intellectual property is a valuable asset that can be used to generate income and to create jobs. Intellectual property law is designed to protect the rights of intellectual property owners and to promote innovation.

Environmental law is the body of law that protects the Environment. The environment is the natural world that surrounds us, including air, water, land, and wildlife. Environmental law is designed to protect the environment from harm and to ensure that it is used in a sustainable manner.

Competition law is the body of law that promotes competition in the marketplace. Competition is important because it drives innovation and efficiency. Competition law is designed to prevent anti-competitive practices, such as monopolies and cartels.

Consumer protection law is the body of law that protects consumers from unfair or deceptive business practices. Consumers are people who buy goods or Services from businesses. Consumer protection law is designed to ensure that consumers are treated fairly by businesses.

Arbitration law is the body of law that governs arbitration. Arbitration is a process in which parties to a dispute agree to have their dispute resolved by an impartial third party, called an arbitrator. Arbitration is often used as an alternative to litigation.

International law is the body of law that governs relations between nations. International law is designed to promote peace and cooperation between nations.

Here are some frequently asked questions and short answers about basic knowledge of laws in India:

  1. What are the different types of laws in India?

There are two main types of laws in India: civil law and criminal law. Civil law deals with disputes between individuals or organizations, while criminal law deals with offenses against the state.

  1. What are the sources of law in India?

The sources of law in India are the Constitution, statutes, case law, and customary law. The Constitution is the supreme law of the land, and all other laws must be consistent with it. Statutes are laws passed by Parliament or the state legislatures. Case law is the body of law that has developed from judicial decisions. Customary law is the body of law that has developed from traditional practices and beliefs.

  1. What are the rights and freedoms guaranteed by the Indian Constitution?

The Indian Constitution guarantees a number of rights and freedoms, including the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

  1. What are the duties of citizens under the Indian Constitution?

The Indian Constitution also imposes a number of duties on citizens, including the duty to abide by the Constitution and the laws of the country, the duty to defend the country, the duty to promote harmony and the spirit of common brotherhood, and the duty to protect and improve the natural environment.

  1. What are the different types of courts in India?

The different types of courts in India are The Supreme Court, the High Courts, the Subordinate Courts, and the Tribunals. The Supreme Court is the highest court in the country, and its decisions are binding on all lower courts. The High Courts are the highest courts in the states, and their decisions are binding on all lower courts in the state. The subordinate courts are the lower courts in the country, and their decisions are not binding on higher courts. The tribunals are specialized courts that deal with specific types of cases, such as tax cases or labor cases.

  1. What is the procedure for filing a case in court?

The procedure for filing a case in court varies depending on the type of case. However, in general, the first step is to file a petition with the court. The petition must state the facts of the case and the relief that is being sought. The court will then issue a notice to the other party, and the case will be heard. The court will then make a decision, which can be appealed to a higher court.

  1. What are the different types of punishments that can be imposed by a court?

The different types of punishments that can be imposed by a court are imprisonment, fine, and death penalty. Imprisonment is the most common punishment, and the length of the sentence will depend on the severity of the offense. Fine is a monetary punishment, and the amount of the fine will depend on the severity of the offense. Death penalty is the most severe punishment, and it is only imposed for the most serious offenses, such as murder.

  1. What are the different types of defenses that can be raised in a criminal case?

The different types of defenses that can be raised in a criminal case are alibi, insanity, duress, and mistake of fact. Alibi is a defense that claims that the defendant was not at the scene of the crime. Insanity is a defense that claims that the defendant was not in their right mind at the time of the crime. Duress is a defense that claims that the defendant was forced to commit the crime. Mistake of fact is a defense that claims that the defendant did not know that their actions were illegal.

  1. What are the different types of evidence that can be presented in a court case?

The different types of evidence that can be presented in a court case are oral evidence, documentary evidence, and real evidence. Oral evidence is testimony from witnesses. Documentary evidence is documents, such as contracts or receipts. Real evidence is physical objects, such as weapons or drugs.

  1. What is the role of the police in India?

The police are responsible for maintaining law and order in India. They investigate crimes, arrest suspects, and collect evidence. They also provide security for public events and protect VIPs.

Sure, here are some MCQs on the following topics:

  • Basic Knowledge of Laws in India

  • Which of the following is not a fundamental right guaranteed by the Indian Constitution?
    (A) Right to equality
    (B) Right to freedom
    (C) Right to Property
    (D) Right to life and liberty

  • The President of India can be removed from office by:
    (A) The Supreme Court
    (B) The Parliament
    (C) The Prime Minister
    (D) The Chief Justice of India

  • The minimum age for voting in India is:
    (A) 18 years
    (B) 21 years
    (C) 25 years
    (D) 30 years

  • The Official Language of India is:
    (A) Hindi
    (B) English
    (C) Sanskrit
    (D) Tamil

  • The capital of India is:
    (A) New Delhi
    (B) Mumbai
    (C) Chennai
    (D) Kolkata

  • Indian Penal Code

  • Which of the following is not an offence under the Indian Penal Code?
    (A) Murder
    (B) Theft
    (C) Cheating
    (D) Contempt of Court

  • The maximum punishment for murder under the Indian Penal Code is:
    (A) Death
    (B) Life imprisonment
    (C) Imprisonment for a term which may extend to 10 years
    (D) Imprisonment for a term which may extend to 7 years

  • The age of criminal responsibility in India is:
    (A) 7 years
    (B) 8 years
    (C) 10 years
    (D) 12 years

  • The principle of “doli incapax” means that:
    (A) A person below the age of 7 years is incapable of committing a crime
    (B) A person below the age of 12 years is incapable of committing a crime
    (C) A person below the age of 18 years is incapable of committing a crime
    (D) A person below the age of 21 years is incapable of committing a crime

  • The principle of “actus reus” means that:
    (A) There must be an act
    (B) There must be a guilty mind
    (C) There must be both an act and a guilty mind
    (D) There must be a mens rea

  • Indian Contract Act

  • A contract is an agreement:
    (A) Made between two or more persons
    (B) Made for the transfer of property
    (C) Made for the performance of an act
    (D) Made for the payment of Money

  • An offer is:
    (A) A proposal to do or not to do something
    (B) An acceptance of a proposal
    (C) A promise to do or not to do something
    (D) A revocation of a proposal

  • An acceptance is:
    (A) A Communication of assent to an offer
    (B) A communication of dissent to an offer
    (C) A communication of revocation of an offer
    (D) A communication of counter-offer

  • A void contract is:
    (A) A contract that is not enforceable by law
    (B) A contract that is partially enforceable by law
    (C) A contract that is fully enforceable by law
    (D) A contract that is not a contract at all

  • A voidable contract is:
    (A) A contract that is not enforceable by law
    (B) A contract that is partially enforceable by law
    (C) A contract that is fully enforceable by law
    (D) A contract that is not a contract at all

  • Indian Evidence Act

  • The Indian Evidence Act is a law that deals with:
    (A) The admissibility of evidence in court
    (B) The burden of proof in court
    (C) The presumption of innocence in court
    (D) The right to silence in court

  • The onus of proof lies on the:
    (A) Plaintiff
    (B) Defendant
    (C) Court
    (D) Prosecutor

  • The principle of res ipsa loquitur means that:
    (A) The thing speaks for itself
    (B) The burden of proof shifts to the defendant
    (C) The plaintiff does not have to prove the defendant’s negligence
    (D) The defendant does not have to prove that they were not negligent

  • The principle of estoppel means that:
    (A) A person cannot go back on their word
    (B) A person cannot rely on their own wrong
    (C) A person cannot take advantage of their