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Questions tagged [india]

For questions specific to Indian law.

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Is it legal for india to ban major platforms and websites under Geospatial Information Regulation Bill 2016

“No person shall depict, disseminate, publish or distribute any wrong or false topographic information of India including international boundaries through internet platforms or online services or in ...
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3 votes
0 answers
70 views

Voting in India

In my region (country India) election will happen in few days. Today few members from X party came to our house and asked for voter id of all family member. My dumb parents handed them all the voter ...
Anonymous's user avatar
2 votes
0 answers
41 views

Candidates filing multiple nominations for the same constituency in Indian elections

As per the section 33(6) of The Representation of The People Act, 1951 Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper: Provided that not ...
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1 vote
1 answer
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Why President's power to grant pardon to punishment or sentence are dealt separately in drafted language of article 72 of Constitution of India?

Constitution of India Article 72 : [Title: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases] Sub Article (1) : The President shall have the power ...
daemon's user avatar
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2 votes
2 answers
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If a Dutch/Indian couple register their baby's birth with India, does it cease to be Dutch due to "voluntarily adopting" another citizenship?

Section 4 of The Citizenship Act, 1955 (as amended by subsequent law) states that a child born outside India to an Indian parent has Indian "citizenship by descent" (which can coexist with ...
Mark Amery's user avatar
7 votes
2 answers
3k views

After reading a fact from a copyrighted textbook, does asking about that fact on a public forum infringe copyright?

When someone reads a line or a paragraph in a copyrighted textbook that explains a fact T, then wonders why T occurs, is asking a question (on Stack Exchange or another public forum) such as: "...
Dwqae's user avatar
  • 95
1 vote
2 answers
257 views

Would destroying rupees be an international offense?

In the Bill No. 174 of 2023 - "THE BHARATIYA NAGARIK SURAKSHA (SECOND) SANHITA, 2023", it is stated that: "Mischief causing loss or damage to any property or fine, or both, including ...
Jausk's user avatar
  • 111
1 vote
2 answers
80 views

Can a PO box address be used as the registered address for a sole proprietorship in India?

Can a PO box be used as the registered address for a sole proprietorship? My business operates from home and it's totally online, and I prefer not to disclose my personal residence, while if my ...
SSP's user avatar
  • 11
2 votes
1 answer
106 views

Can the subsidiary be a party to the contract signed by its parent here?

A contract is worded to state that it has been executed between Customer A and my Client B. The expression Customer A is further clarified: "which expression shall unless repugnant to the context ...
Mudit Singh's user avatar
7 votes
1 answer
120 views

What are the legal implications in the Dominion of India & the Dominion of Pakistan fighting each other while both commanders in chief were George VI?

The King of India and the King of Pakistan in 1948 was a title held by George VI, who had been Emperor of India. Both countries made him the head of state and commander in chief. But they also fought ...
R-Obsessive's user avatar
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Is sodomy or fellatio illegal in India?

This article suggests that any penetration by a male other than vaginal is proscribed as against the order of nature. Is that right in 2023? This suggests no.
TylerDurden's user avatar
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1 answer
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Power of the Indian state to curtail access to "public" areas

I am not an expert on legal matters but wanted to ask the following question nevertheless: to what extent can the Indian state curtail access for the public to its assets, specifically public ...
Manan's user avatar
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1 vote
2 answers
149 views

What describes a consent when people take loan?

As a banker, I ask people to put their signatures on the loan agreement form, the demand promissory note, etc. For illiterate people, I ask them to put their thumb impression countersigned by a ...
Gary 2's user avatar
  • 31
4 votes
1 answer
1k views

Why are "sex" and "place of birth" omitted in some of the clauses of the Indian constitution?

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, ...
Sreeraj Chundayil's user avatar
1 vote
0 answers
26 views

Indian law regarding space ventures

Are private players allowed to venture into space? What laws govern private space flight in India?
John Snow's user avatar
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1 vote
0 answers
64 views

India property and family law: intestate succession among siblings dead and/or alive

How is the property shared among siblings? (Class 2 legal heirs are me and my deceased elder brother, who is survived by his wife and their 3 grownup kids, who are themselves married and have their ...
HEXOCT's user avatar
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9 votes
2 answers
3k views

Can the people who let their animals roam on the road be punished?

The problem of stray animals roaming on the road in India is difficult to solve mainly due to religious and political reasons. However, not all animals are claimed but animals such as goats are left ...
ShivCK's user avatar
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1 vote
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413 views

What is the legal age of retirement in IT companies in India

I am aware that retirement age for government employees in India is 58. But what is the legal retirement age in IT/Software companies in India? If someone wants to work till 70 ( assume he is fit &...
NiceGuy's user avatar
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-1 votes
1 answer
82 views

Would keeping someone at home under fear of violence be abduction under Indian Penal Code section 364A?

IPC 364A states Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives ...
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-1 votes
1 answer
153 views

Would gagging fall within the scope of Indian Penal Code (IPC) section 375?

List item IPC section 375 states A man is said to commit "rape" if he-- (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so ...
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0 votes
1 answer
55 views

is it possible to override a provision regarding whether state or national law applies to a crime?

if a law has the following provisions Where an act or omission constitutes an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained ...
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1 vote
1 answer
92 views

Would manga fall within POCSO, section 15?

Section 15 Protection of Children from Sexual Offences Act, 2012 includes this: Any person, who stores or possesses pornographic material in any form involving a child for commercial purpose shall be ...
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4 votes
2 answers
2k views

Is it possible for India to extradite its own citizens?

The Extradition Act deals with extradition in India. But in its Sections it doesn't have any such provisions or details. and can State High court of India enquire into such extraditions?
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2 votes
2 answers
135 views

I need help finding case law regarding CrPC 432 and 433?

I'm thinking of writing a hobbyist thesis on the parole and probation and mandatory minimum laws in Asia. And I've been looking for case law regarding the Code of Criminal Procedure, 1973 (CrPc) ...
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0 answers
16 views

Can the supreme court set regulations for how lower courts act in an area where they are at discretion to make decisions ? (India)

For example if there is an area in which the courts can act in their own discretion like chosing how much compensation can be awarded to a party in a civil lawsuit within the limits of the maximum ...
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1 vote
1 answer
77 views

Are there laws in India against child violence outside schools?

For example there are many beggar children who are physically hurt by people like shop owners and the like to leave the premises etc. Is this punishable by any law?
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1 vote
1 answer
102 views

what are the provisions related to IT act 2000 confiscation?

The IT Act (2000) §76 states that any person liable for an offence under the IT Act (2000) shall suffer confiscation of the IT device on which the confiscation has been made. Are there any provisions ...
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-2 votes
1 answer
115 views

If a crime is committed against a poor person , are judges likelier to either interpret the law in a way that favours poor people or punish harshly?

Would there be any problems with a judge or a court doing this ? and is there any legal arguments against something like this at a trial ?
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0 votes
1 answer
64 views

Is physical contact without motion to the person not covered under Indian penal code 349 ? (plain reading)

From a plain meaning perspective would it be considered covered? Section 349 Indian Penal Code (IPC) states the following A person is said to use force to another if he causes motion, change of ...
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-1 votes
1 answer
79 views

how is familial rape treated in Indian law?

Section 376, Indian Penal Code (IPC) states the punishment for rape commited by a.. ...relative, guardian or a person in position of trust and authority shall be rigiourous imprisonmment for minimum ...
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1 vote
1 answer
69 views

How does the pardoning power of the president and governer work ? (India)

Article 72 states that the president can pardon offences relating to a matter to which the power of the union extends. Article 161 states that the governor can pardon offences relating to a matter to ...
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3 votes
1 answer
807 views

how long can someone be detained in Police and Judicial custody in India?

According to NCRB, about 77% of prisoners in India are undertrials. and CrPc 167 https://indiankanoon.org/doc/1687975/ states that the maximum someone can be kept in Judicial custody is 90 days, or 60 ...
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-3 votes
1 answer
194 views

How "risky" it is if I lose my passport? Will police investigate how I lost it?

I have some stamps on my passport that are not really good, and I don't want any of my family members to see it. Now, if I lose my passport somehow, and apply for a new passport, would I get a clean ...
10101010's user avatar
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6 votes
4 answers
3k views

What legal relief is available when a neighbour uses my address as his own for communication without written consent from me?

A property, say plot no.31, was sub-divided into two parts. After subdivision the plot number on record for the newly created subdivision was, say, 31-A; the original plot number remained 31. The ...
Everyone's user avatar
  • 377
1 vote
2 answers
87 views

in India is there a code that defines civil offences the same way as there is indian penal code?

There is 3 main laws regarding offences , Indian penal code , Code of Criminal procedure and Code of Civil procedure. the third law only describes civil procedure but doesn't define what laws count as ...
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2 votes
1 answer
178 views

How is untouchability defined in Indian law?

Article 17 of India's Constitution makes it mandatory to abolish all forms of untouchability but what does untouchability mean? There's also the protection of Civil Rights Act 1955, India that makes ...
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0 votes
0 answers
48 views

can unprotected sexual activity be considered attempt to murder in this section of IPC?

IPC 307 states Attempt to murder.—Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be ...
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-1 votes
1 answer
29 views

what effects does a court recording it's reasons for a judgement ? (India)

when a court is required to record it's reasons for a decision , what effects does it have on future cases ? CrPc 354https://indiankanoon.org/doc/1266667/ sepecifically When the conviction is for an ...
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0 votes
1 answer
4k views

Are we allowed to ride a geared motorcycle(2 wheeler) alone on indian roads with a learner's license

I have a learner's license for a geared bike in India. And I want to know if according to indian governmental laws, can a citizen ride a geared bike alone with a learner's license. I tried searching ...
Jason's user avatar
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3 votes
2 answers
297 views

Is the term "commercial purposes" defined in Indian law?

For example in various laws related purchase of machinery and consumer rights , Intelectual property / patent or in extreme cases pornography or the term "for commercial purpose" is used. ...
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1 vote
2 answers
156 views

What is meant by "make declaration of brain stem death mandatory for every hospital"?

I am an activist working for organ donation popularization in India, a country with a dismally low rate (0.5 per million). Apart from working for deceased donation, I had also offered my own organs as ...
Ritesh Singh's user avatar
-1 votes
1 answer
52 views

what are the provisions in India's law that deal with interpretation of statutes?

There's a wide body of laws I've skimmed through -- such as Indian penal code, code of criminal procedure and Indian evidence act -- but none seem to have any provisions relating to rules of ...
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0 votes
0 answers
31 views

What does Indian Penal code section 354 range to?

The code states Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, is guilty of this offence. it appears ...
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0 votes
1 answer
51 views

what does "force" and "criminal force" apply to in Indian Penal Code?

how is "force" interpreted in section 349 Indian Penal Code? Force.—A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or ...
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2 votes
1 answer
24 views

In India is the Judiciary empowered to make reasonable exceptions to a law in a trial?

In case a statute is clearly of General application or doesn't allow affirmative defences, is it still possible for the Judiciary to interpret the law in a way to accommodate exceptional cases ? or ...
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0 votes
1 answer
34 views

What does it mean for an act to be committed in consequence of abetment? (India)

There are 3 forms of abetment: abetment by instigation abetment by intentional aiding abetment by conspiracy https://devgan.in/ipc/chapter_05.php for further information. There are different ...
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2 votes
0 answers
48 views

Rights of remand prisoner in India to visit ailing sick mother [closed]

A remand prisoner in India having criminal cases in multiple states. In remand for over 8 years. The prisoner's mother is very sick with various health issues and wanted to spend few days with mother ...
Raja Rani's user avatar
1 vote
0 answers
39 views

what are the limits to judicial review in India?

the various articles of the constitution (chapter-The Union Judiciary) regarding the supreme court seem to give the impression that their conduct is heavily regulated by presidential consent and laws ...
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3 votes
1 answer
225 views

Why are religious figures given the status of "legal person" in India?

In India, religious figures have been given the status of legal person, and from the case law, I've read there doesn't seem to be a clear rationale for this. Corporations and organizations are also ...
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1 vote
1 answer
54 views

In CrPc (India) can a court discharge or dismiss a complaint against the accused even if a prima facie case is made out against them?

Or is it generally impossible for this to occur and can grounds for not proceeding against an accused be based on anything other than evidence? How do magistrates prevent First Information Reports ...
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