Administrative law is the body of law that allows for the creation of public regulatory agencies and contains all of the statutes, judicial decisions, and regulations that govern them. It is created by administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions. Administrative procedure constitutes the methods and processes before administrative agencies, as distinguished from a judicial procedure, which applies to courts.
INDIAN CRIMINAL LAWS are divided into three major acts
1. Indian Penal Code, 1860.
2. Code of Criminal Procedure, 1973
3. Indian Evidence Act, 1872.
Besides these major acts, special Criminal Laws are also passed by Indian Parliament i.e. NDPS, Prevention of Corruption Act, Food Adulteration Act, Dowry Prevention Act, the Defence of India Act, etc. thousands of minor laws are made in India.
Uniform civil code is the constitutional mandate to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance.
Human rights refer to the basic rights that are believed to be entitled to every human being. Every human-being are entitled to certain rights and freedom irrespective of their origin, ethnicity, race, color, nationality, citizenship, sex or religion. These rights are considered universal for humanity.
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards
A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter is generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with varying levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case.
The bill will allow a Juvenile Justice Board, which would include psychologists and sociologists, to decide whether a juvenile crime in the age group of 16–18 should try as an adult or not. The bill introduced concepts from the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption, 1993 which were missing in the previous act.The bill also seeks to make the adoption process of orphaned, abandoned and surrendered children more streamlined.
National and international law
Nationality law or citizenship law is mainly codified in the constitution of India and the Citizenship Act of 1955. Although the Constitution of India bars multiple citizenships, the Parliament of India passed on 7 January 2004, a law creating a new form of very limited dual nationality called Overseas Citizenship of India. Overseas citizens of India have no form of political rights or participation in the government, however, and there are no plans to issue to overseas citizens any form of Indian passport.
The Companies Act 2013 is an Act of the Parliament of India which regulates incorporation of a company, responsibilities of a company, directors, dissolution of a company. The 2013 Act is divided into 29 chapters containing 470 sections as against 658 Sections in the Companies Act, 1956 and has 7 schedules.The Act has replaced The Companies Act, 1956 (in a partial manner) after receiving the assent of the President of India on 29 August 2013. The Act came into force on 12 September 2013 with few changes like earlier private companies maximum number of the member was 50 and now it will be 200. A new term of "one person company" is included in this act that will be a private company and with only 98 provisions of the Act notified. A total of another 184 sections came into force from 1 April 2014.
The main contract law in India is codified in the Indian Contract Act, which came into effect on 1 September 1872 and extends to all India except the state of Jammu and Kashmir.
It governs entrance into contract, and effects of breach of contract. Indian Contract law is popularly known as the mercantile law of India. Originally Indian Sales of Goods Act and Partnership Act were part of Indian Contract Act, but due to needed amendment, these acts were separated from Contract Act. The Contract act is the main and most used act of legal agreements in India.
Indian labor law is among the most comprehensive in the world. They have been criticised by the World Bank, primarily on the grounds of the inflexibility that results from government needing to approve dismissals. In practice, there is a large informal sector of workers, between 80 or 90 percent of the labor force, to whom labor rights are not actually available and laws are not enforced.
Indian legislation which regulates the transfer of property in India. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. It came into force on 1 July 1882.
According to the Act, 'transfer of property' means an act by which a person conveys the property to one or more persons, or himself and one or more other persons. The act of transfer may be done in the present or for the future. The person may include an individual, company or association or body of individuals, and any kind of property may be transferred, including the transfer of immovable property.
Trust law in India is mainly codified in the Indian Trusts Act of 1882, which came into force on March 1, 1882. It extends to the whole of India except for the state of Jammu and Kashmir and Andaman and the Nicobar Islands. Indian law follows principles of English law in most areas of law, but the law of trusts is a notable exception. Indian law does not recognize "double ownership", and a beneficiary of trust property is not the equitable owner of the property in Indian law.
Family law – Personal law
1.Hindu Law2.Muslim law3.Christian Law
The banking business around the world has witnessed several changes and started practicing a developed system. Therefore, it has become necessary to amend the existing banking laws to enable the banking companies in India to be on par with the international standards and in tune with the advanced technologies. The Banking Law (Amendment) Bill, 2012 ("Amendment Bill") seeks to amend the Banking Regulation Act, 1949 ("Act"), the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 to strengthen the regulatory powers of the Reserve Bank of India ("RBI") and to further develop the banking sector 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. In 2010-11, the gross tax collection amounted to ₹ 7.92 billion (Long scale), with direct tax and indirect tax contributing 56% and 44% respectively.)
In the Simple way, we can say that cybercrime is unlawful acts wherein the computer is either a tool or a target or both Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation, and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.
We can categorize Cyber crimes in two ways
The Computer as a Target: -using a computer to attack other computers.
e.g. Hacking, Virus/Worm attacks, DOS attack etc.
The computer as a weapon: -using a computer to commit real-world crimes.
e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc.
Cyber Crime regulated by Cyber Laws or Internet Laws.
Domestic violence is defined by Section 3 of the Act as “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
The Act goes on, through the section Explanation 1, to define "physical abuse","sexual abuse", "verbal and emotional abuse" and "economic abuse".
The new Act provides for a variety of offenses under which an accused can be punished. It defines a child as a person under age of 18 years age. It encompasses the biological age of the child and silent on the mental age considerations. A recent case in SC has been filed where a woman of biological age 40yrs but mental age 6yrs was raped. The victim's advocate argues that "failure to consider the mental age will be an attack on the very purpose of the act." SC has reserved the case for judgment and is determined to interpret whether the 2012 act encompasses the mental age or whether only biological age is inclusive in the definition. It recognizes forms of penetration other than peno-vaginal penetration and criminalizes acts of immodesty against children too. The act is gender-neutral. With respect to pornography, the Act criminalizes even watching or collection of pornographic content involving children. The Act makes abetment of child sexual abuse an offense. It also provides for various procedural reforms, making the tiring process of trial in India considerably easier for children. The Act has been criticized as its provisions seem to criminalize consensual sexual intercourse between two people below the age of 18. The 2001 version of the Bill did not punish consensual sexual activity if one or both partners were above 16 years
A document issued by a court to help protect you and your children from harassment or abuse. It can set limits on the abuser's behavior such as :
1. Order the abuser to stop abusing you and your children;
2. Tell the abuser to leave and stay away from your home, workplace, and family;
3. Direct the abuser to have no contact with you, including no phone calls, letters, or messages from other people;
4. Order the abuser to stay away from the children, their babysitter, daycare, or school.
5. A protective order is not a punishment for the abuser. It is intended to prevent future violence or harassment. However, if the abuser violates the order, the abuser can be arrested and punished.