Questions tagged [india]
For questions specific to Indian law.
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is NDPS unappealable and strict liability?
In india the primary Drug law is NDPS https://www.indiacode.nic.in/handle/123456789/1791?sam_handle=123456789/1362.
And from the wordings of the respective sections no appeal/remission/commutation is ...
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what is the relationship between IPC section 36 and section 202?
IPC 36
Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an ...
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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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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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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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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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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 ...
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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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What happens if a union territory excludes the jurisdiction of the high court from th territory ? (India)
The union territories are empowered to excluide or include the jurisdiction of High courts(article 241) But the way the constitutionality of criminal and civil laws pretaining to individuals is ...
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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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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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Grounds to discharge the accused in CrPc
The Code of Criminal Procedure at CrPc 227 states:
Discharge.
If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused ...
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1
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What parts of the Code of Criminal Procedure deal with appeal from a sentence?
I've been browsing through the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPc) and there doesn't seem to be any provision for appeals from sentencing (reduction) there seems to be ...
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What does "unlawfully compels" mean in IPC section 374
IPC section 374 states
Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one ...
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which laws in India deal with property claim by the heir of a living parent if any?
are there any laws in India that deal with this concept ? or is it a general rule that children do not have a claim to their living parents property. for example the Hindu inheritence law states that ...
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the definition of dowry in Indian law
dowry in Indian law is defined as
any property or valuable security given or agreed to be given either
directly or indirectly:
by one party to a marriage to the other party to the marriage; or
by ...
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in India how prevalent is dowry and what effect does anti dowry legislation have on it?
What are the anti dowry laws in India and what effect do they have on dowry in India? As in: are the laws successful in acomplishing the goals of reducing dowry?
Also do all kinds of economic coercion ...
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2
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Can a son be forfeited from inherited property if he refuses to take care of his old parents?
In Indian law, can a son who disowns his old parents, be deprived of his parents' ancestral properties? What about self acquired property of his parents?
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Where to find the decisions of the Supreme Court of India?
I've tried to look up the full decision on the plea that was looking to ban the BBC in relation to India: The Modi Question documentary ban by the Indian Government
This Article mentions that the ...
2
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1
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Is the Public Records Act of 1993 in force?
Jurisdiction: India
Legislation/Statute/... The Public Records Act, 1993
Merely what the title states. I don't see anything mentioning explicitly whether it is the case. Is The Public Records Act, ...
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could compelling someone to have sex with them with the threat of other harm be considered rape?
IPC section 375 states this
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 with him or any ...
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2
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what does "abetment" mean within the context of Prevention of corruption act 2018 (India)?
Section 12 of the Act only states that abetment of any offence in the act is also an offence and is punisbable. Bribing is a separate crime within the act but then what does abetment mean in the ...
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What is the scope of Indian Penal Code section 354?
The Indian Penal Code (IPC) section 354 criminalises criminal force or assault with the intent to outrage a woman's modesty. What does this cover? Is this broad? And does it apply equally in all ...
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"Procurement" in The Immoral Traffic (Prevention) Act, 1956 and its relation to extortion
the immoral traffic prevention act which deals with prostitution laws has some provisons specifically
Section 5 of the above Act states:
Procuring, inducing or taking person for the sake of ...
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2
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The Prevention of Corruption Act in India
The section 7A of the Prevention of Corruption Act in India states:
Taking undue advantage to influence public servant by corrupt or
illegal means or by exercise of personal influence.
Whoever ...
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2
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What is a sure shot way of proving citizenship of India?
According to a ruling by the Bombay High Court in 2013, an Indian passport cannot prove citizenship. Also, in 2019, the Government of India claimed that 'common documents' were enough to prove ...
user48994
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are there any exceptions to CrPc 433A ? (Indian law)
the article states
Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the ...
2
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0
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45
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In India, consent based on a misunderstanding of the facts is not considered valid (S. 90 of the Penal Code). How widely can this rule be applied?
Section 90 of the Indian Penal Code says:
Consent known to be given under fear or misconception.
A consent is not such a consent as is intended by any section of this Code, if the consent is given by ...
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What would the punishment be for an accidental killing, provoked by threats of sharing a video of the attacker naked?
This is based on the Drishyam Bollywood movie
Suppose a boy made an MMS video of a girl taking a bath, and then asked of her sexual favours, with a threat to circulate the video otherwise. Next, the ...
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What is the status of polygamy for Hindus in Goa?
As per the Constitution of India, Marriage is in the concurrent list. Thus, both the Union and the State can make laws on Marriage. The Union Government Law supersedes the state in case of ambiguity.
...
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2
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In Indian law are courts required to give similar verdicts for similar cases?
From what I understand this power is discretionary to courts other than supreme courts. But there isn't much material on it. Is there any grey area that I might be missing ? And are the decisions of ...
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General Question about Last Will and Testament in India [closed]
I have few question on how to write Last will and is it valid under Indian Law.
Do i have to register my Last will (Eg, Affidavit, Notary, Stamp, etc)
Can Last will over ride nomination? (Eg, Mutual ...
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3
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Can lawyers ask judges questions?
I came across a courtroom exchange on twitter
Adv: I ask this question.
J. CT Ravikumar: Who are you asking the question to?
Adv: To the #SupremeCourt
J. Shah: You cannot ask us questions. You can ...
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Electronics Goods Repair
Let's say I have an electronic product that is out of warranty. Now that the product is no more covered under warranty, shouldn't the respective company be responsible for providing services for ...
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45
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Resources to learn the art of oral arguments in the courtroom [closed]
Courts in India are hugely overburdened. It is common for a court (be it a trial court or High Court or the Supreme Court) to have more than a dozen cases listed before it each day.
Under these ...
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Must a driving instructor accompany a learner on a motorcycle in India?
I am an Indian citizen who recently entered adulthood. I have thus been learning how to drive vehicles. To be able to drive a vehicle in order to gain experience, you need a Learner's license, as is ...
4
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1
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151
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Why is a Letters Patent Appeal called so?
In High Courts in India, one can file an appeal called Letters Patent Appeal (LPA in short). LPAs are filed against a judgment of a single judge of the High Court and are decided by a bench of two/...
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Question regarding using pen name and copyright during self publishing in India
I have written a novel and I want to publish it on Amazon KDP. However, I am facing a difficulty regarding the copyright page. Any assistance would be highly appreciated.
I am based out of India and I ...
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Can the governor of an Indian state remove a minister without the Chief Minister's advice?
Recently, Kerala's governor threatened to sack ministers.
Can he really do that without the CM's "advice"?
I have this doubt because office of the governor is not a democratically elected ...
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2
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110
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Should someone witness other signatures in an application letter to avoid the accusation of forgery?
In India, some years ago my brother wrote an application letter regarding release of a certain fund which was important to both him and his boss. He got the signature of his boss (for forwarding the ...
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158
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Why do courts reserve the verdicts for later?
The courts of law (including the Supreme Court) in India often "reserve" the verdicts after hearing is completed.
What's the purpose behind this practice?
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The status of Urdu in Pakistan versus the status of Hindi in India
This is a critical question because it caused the 1952 language movement in Pakistan.
The Internet says that Urdu is the national language of Pakistan, but that Hindi is not the national language of ...
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How much data of a user allowed by law to get recorded by service providers?
If someone from India has optical fiber connection internet for windows10 PC and mobile phone 4g network provider’s internet for android cell phone using 4g sim card, now sometimes he uses PC’s OFC ...
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India Contract Law, what articles helps over come One sided contract in India?
If in an Indian contractual agreemnt for service, say, Maintenance of an apartment.
If In Clause 1.3, 1.6, 6.1, 6.3 It is established that contract is valid only for two years tenure and it can't be ...
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In India, what phone location tracking may or must network providers do to aid police?
For android phones in India-
1). suppose if a phone was moving around within few miles radious for few days and it was turned on several times in that duration. But now the phone is turned off ...
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340
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Is using the word Roleplay with overseas minor can land me in jail
Hypothetical Question:
I am using an adult app (18+) for roleplaying. A girl from South Africa joined. She told her age is 14. I asked "wanna do roleplay?" She also kept her category in ...
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Is it non constitutional to remove identity based laws from the Indian constitution?
In the beginning pre-amble of Indian constitution it is written that it is a secular country. However this secular is not used in the sense of the Western secularism but that of Nehru's. The idea, as ...
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How would the first constitution of India interpret hijab in the classrooms?
Recently, a court in Kerala, India, banned the hijab in classrooms, saying that the hijab is not an integral part of the religion of Islam. Therefore, theoretically, Muslims in any part of India ...
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What is the basic structure of Indian Law?
Recently, I read the constitution of India and it was great. However, I'm unable to understand how Acts are made, what current classifications are. I find quite some overlap in laws, patchwork, ...
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What laws apply when a bank is lax in it's queue management?
Probable Applicable laws: Negotiatiable Instruments Act, Consumer Protection Act
Jurisdiction: India
Scenario:
A, and B have different banks.
A issued an account payable cheque to B for an amount of ...
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