Questions tagged [india]
For questions specific to Indian law.
377
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A person from different country has been harassing and threatening me because I reviewed his course negatively, what can I do? [closed]
Series of events:
I reviewed his course on one of the "not so popular" online platform. It has just few 100s of views so far. But most course buyers take that review seriously.
I was from ...
2
votes
1
answer
53
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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 ...
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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 ...
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106
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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.
- 9,113
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51
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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 ...
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2
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138
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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 ...
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4
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1
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1k
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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, ...
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26
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Indian law regarding space ventures
Are private players allowed to venture into space? What laws govern private space flight in India?
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53
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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 ...
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2
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2k
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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 ...
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174
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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 &...
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79
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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 ...
user49663
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147
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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 ...
user49663
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54
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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 ...
user49663
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1
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75
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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 ...
user49663
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0
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6
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is it possible to appeal against a sentance of life imprisonment without possibility of reduction passed by the supreme court in India?
https://indiankanoon.org/doc/50602236/
It has been held that the supreme court can pass a sentance that would bar someone from seeking sentance reduction/remmission under crpc 432 and 433
can such a ...
user49663
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who makes the "general rules" and ,"special orders" on behalf of the government in CrPc 432?
Code of criminal procedure 432 and 433 are the main law regarding sentance reduction.
Crpc 432 states the following
The appropriate Government may, by general rules or special orders give directions ...
user49663
4
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2
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2k
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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?
user49663
2
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2
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118
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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) ...
user49663
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45
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Can courts absolutely not grant bail or reduce sentences under the NDPS Act?
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) states the following
No suspension, remission or commutation in any sentence awarded under this Act.—Notwithstanding anything ...
user49663
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16
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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 ...
user49663
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1
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73
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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?
user49663
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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 ...
user49663
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1
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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 ?
user49663
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61
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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 ...
user49663
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1
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74
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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 ...
user49663
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0
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14
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what is the scope of action under repealed laws in India under these provisions?
Section 8 of the general clauses act states that
1[(1)] Where this Act, or any 2[Central Act] or Regulation made after the commencement of this Act, repeals and re-enacts, with or without ...
user49663
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1
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64
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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 ...
user49663
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0
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12
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what offences can the governer pardon in India?
Article 161 of the constitution states
The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of ...
user49663
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47
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are there any good arguments in favour of the unconstitutionality of Mandatory minimum penalties in India?
https://srivastavandco.com/minimum-mandatory-sentences-in-india/
this source is a complete and shortened analysis of mandatory minimum sentances and how it has been dealt with so far along with the ...
user49663
3
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1
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488
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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 ...
user49663
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73
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what is the minimum age of criminal responsibility in India ? and can abeted child criminals be held accountable under the juvenile justice act?
https://www.indiacode.nic.in/handle/123456789/2079?sam_handle=123456789/1362
the Juvenile justice act is the main act that deals with juveniles
the "definitions" section in the act defines ...
user49663
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1
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141
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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 ...
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4
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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 ...
- 377
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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 ...
user49663
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151
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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 ...
user49663
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0
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47
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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 ...
user49663
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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 ...
user49663
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2k
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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 ...
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how do mandatory reporting laws effect trials in India?
Crc section 39 states
https://indiankanoon.org/doc/1445515/
Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the ...
user49663
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Is there a law in India that states CSR funds cannot be used for teachers' fees?
Is there a law that states that money received as CSR Donations for a Charitable Non-Profit Educational Trust cannot be used for teacher salary?
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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. ...
user49663
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2
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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 ...
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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 ...
user49663
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0
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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 ...
user49663
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0
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17
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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 ...
user49663
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0
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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 ...
user49663
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47
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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 ...
user49663
2
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1
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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 ...
user49663
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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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