Questions tagged [india]

For questions specific to Indian law.

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24
votes
2answers
9k views

Self incrimination during medical examination

If, during a medical examination, an alleged accused says anything that might incriminate himself, it should be neither recorded nor reported.[emphasis mine] source: Synopsis of forensic medicine and ...
12
votes
5answers
5k views

Is there any limit to the rate at which court cases can be filed?

Is there a limit to the rate at which a person can file court cases? What if someone purposefully tries to file a court case every minute to disrupt the court? Can that person be punished in India or ...
8
votes
2answers
917 views

Do the observations of constitutional courts that are not necessary for deciding the case form binding precedents for lower courts?

My question concerns the principle that constitutional courts should not decide what is not strictly necessary for deciding the case at hand. What happens if, say the Supreme Court, made well reasoned ...
8
votes
4answers
15k views

Will using a cover of a song in a film free me from legal obligations?

I want to use the song "Whole Lotta Love" in my upcoming film. Obviously the song is copyrighted by led Zeppelin. So I'm planning to get a few musicians and cover the song and then use it as a ...
8
votes
2answers
6k views

Student Rights In India

I am a college student in Rajasthan, and I want to know what step we can take against: teachers scoring us according to some personal vendetta, extremely rude language/behavior, unnecessary targeting....
8
votes
1answer
2k views

Is my bond (employee contract) legal in India?

I live in India and I have signed a contract of one year with my employer. But now I want to leave my company. However when I sent my resignation email they told me to take legal actions on me. ...
8
votes
1answer
5k views

Is a job offer letter sent and accepted by email, legally binding?

TL;DR: You could also jump to the last paragraph. I was interviewed and selected by a software startup in India. Saturday was not a working day for them, but yet their tech VP, product manager and ...
8
votes
1answer
336 views

Can son/wife stop an addict from selling family property in India?

If a person (not a senior citizen) is addicted and trying to sell off his farming land (which has been inherited from his grandfather and later through his father) without the consent his wife and ...
6
votes
1answer
503 views

Is marriage rejection on the basis of caste a criminal offence?

I am a Brahmin and my girlfriend is Schedule caste, and my parents are denying our marriage because of caste. Will it be considered a criminal offence under Indian caste discrimination law, if any?
6
votes
2answers
464 views

Can gender fraud be used to nullify a marriage in India?

Hypothetical A is a male who married B, a woman, in India under Hindu religion. A had never met B, and relied on photographs and the efforts of third parties. The marriage is less than 2 months old. ...
6
votes
2answers
5k views

Legality of the right to refuse admission by a privately owned restobar

A friend of mine recently tried to go into a restobar in India, and to his surprise, was informed that he couldn't because he was a male who was not accompanied by a female. Admittedly shocked, he ...
6
votes
1answer
126 views

Representing your own case

Are there any prerequisites to represent one's own case before a jury? Specific answer targeting Indian Law would be appreciated.
5
votes
2answers
251 views

Marital Rape as Defined by Indian Law

According to 1860 Indian Penal Code: "Sexual intercourse by a man with his own wife is not rape." What are the possible exceptions to this law that would allow for a husband to be prosecuted for ...
5
votes
1answer
717 views

Who owns a recorded Skype conversation?

If someone records my Skype conversation, is that video his property or mine? Is there a law against him making that video public or even recording it to begin with? Country- India.
5
votes
2answers
71 views

Why is it wrong for google to show its own other products in its search results?

Google is facing antitrust probe in India. I don't know about other countries but what Indian law is broken in google search? Google search is a private free product. Why is it bad to prefer its own ...
5
votes
0answers
55 views

Was homosexuality still illegal in Jammu and Kashmir when 377 was updated due to 370?

When Indian updated 377 and decriminalised the homosexuality that time Jammu and Kashmir still had 370. Does 370 stop decriminalising of homosexuality in the state? Now 370 has been removed in a most ...
4
votes
1answer
1k views

Are Indian police allowed by law to slap citizens?

I have seen a few instances where the Indian police slap citizens as a fast punishment. Is that explicitly allowed by law, or just tolerated in practice?
4
votes
1answer
452 views

Do citizens of India have a legal right ask a website to delete their personal information?

Is there any rule under the IT Act or any other regulation in India which provides the right to withdraw consent from providing your personal information? I want to delete my personal information ...
4
votes
1answer
1k views

Pay for unused vacation: Can India employer refuse to encash leaves?

I work for a small tech company (9 employees) in India. My appointment letter states that I get 2 days of leave for every month of service rendered. I have accumulated 20.5 days of unused leave over ...
4
votes
3answers
1k views

Is it legal to share a script that scrapes a website and presents in a different format?

Most news sites and tech blogs provide only a summary in their rss feeds. If I write a script that scrapes their website and extracts some useful data, can I share the script as open source. Does it ...
4
votes
1answer
142 views

Am I required to provide for my abusive parents' life after I move out?

Background My mother died 12 years ago when I was 8 years old and my drunkard father (F) married someone else (step-mother, SM) to help him raise me. Past decade has been a disaster for me. I was ...
4
votes
1answer
344 views

Can I patent my invention which is just an enhancement to an already patented device?

Can I claim patent for my invention which is a little upgraded version of already patented devices. Moreover, I use same patented devices in my invention and add new functionalities to it. Is it worth ...
4
votes
0answers
191 views

Can I roam around the City at Midnight just to spend the time?

Do I have the rights to roam or drive my motorcycle around my city in India at midnight just to pass the time? I am from Coimbatore, Tamil Nadu in India.
3
votes
2answers
1k views

How are corporations imprisoned?

If a corporation is criminally charged while handling privacy data wrongly (assume such a law exists if it does not) in India who is liable? Is it the chairman, deparment of privacy, employees ...
3
votes
3answers
104 views

Can a state stop implementation of a bill passed in the parliament?

Yesterday Indian parliament passed citizenship amendment bill which seeks to provide citizenship to religious minorities which have to come to India before Dec 2014 as a refugee due to their ...
3
votes
1answer
117 views

Who is responsible for comments on YouTube?

Who is responsible for comments which are posted on YouTube? The channel, YouTube or the poster? I am refering to defamation and copyright suits in India. As both YouTube and the video uploader ...
3
votes
1answer
82 views

Length of a contract limited or not?

Is there any limit to the length of a contract ? Can someone sign a 10000 page long contract that would basically take years to interpret with some repeating but relevant clauses . Example : a ...
3
votes
1answer
206 views

Is Judicial overreach constitutional in India?

I recently came across an article reporting that the India's Supreme Court has passed a judgement which has the effect of diluting the THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ...
3
votes
1answer
103 views

Can I post edited comedy images of Indian politician in social website

I edited an image of an Indian politician. Added some comedy picture taken from a Tamil movie. And also wrote some thing funny about that politicians. Is that legal. Can I post that image to a social ...
3
votes
3answers
183 views

Can I destroy intellectual property (code) if I don't get paid, India?

My company is withholding salary for the last 6 months. The problem is a year and a half old. Can I destroy (delete) the code that I wrote with a backup but not making them know until I get my salary.
3
votes
1answer
198 views

Can a person legally convert to any religion including very minor religions in India or disavow all religion?

Say a person in India wants to change his religion in Government certificates like the Aadhar card (UID) to say "Pastafarianism" or "Ancient Greek Religion" (think Zeus) or "Scientology". Does the ...
3
votes
1answer
325 views

My ISP is injecting .swf into my webpage. How legal is this?

I recently saw a pop-up, on a http page. It was the advertisement of some offers provided by the ISP. Here is the code: <td> <object width="480" height="195" data="<url>/V3/...
3
votes
1answer
71 views

Can US born minor obtain Indian citizenship by registration?

If a US born baby to Indian citizen parents, did not register by birth/descent at Indian mission, however opts for US passport. Now if parents and US born baby with US passport return to India, can ...
3
votes
1answer
351 views

What is the punishment for misusing Aadhar card details in India.?

Some unknown person created an online account with my Aadhar card details and booked a room with that account. I guess the person is the PG owner to whom I gave my Aadhar card to photocopy as proof ...
3
votes
1answer
83 views

How many times compassionate appointment can be given to a family

In a family the husband who was a Group-D in Department of Posts, India died while in service. His wife claimed compassionate appointment and the Department has appointed the wife under compassionate ...
3
votes
1answer
700 views

Denial of salary certificate

I was part of a small software product company for 4 years. I reported directly to the owner and I was paid a percentage of the profits of the company and a minimum fixed pay of 8LPA. I was paid ...
3
votes
1answer
572 views

Is email legally same as telegraph?

I'm a software developer interested in knowing the legal aspects of Internet and technology. I came across the Indian Telegraph Act, 1885 which says "telegraph" means any appliance, instrument, ...
3
votes
4answers
556 views

Am I allowed to store data of EU citizens as an Indian company?

We are a company based in India and are frequently being visited by people from overseas. Due to the recent safe harbour developments, are we allowed store data of EU-citizens on a cloud server ...
3
votes
0answers
57 views

How to stop pyramid MLM in India

Pyramid MLM in illegal in India. Where source of income is from recruiting downline and the joining fees. I had seen a lot of such companies workings. Some of them are registered with MCA and have a ...
2
votes
2answers
218 views

Can a private school refuse admission despite the student having the requisite cut-off?

My brother is being refused admission to a school that I attended for 9 years. This is because when I was in school, the teachers traumatised me and we complained about it in a feedback form. The ...
2
votes
2answers
178 views

Is not recognising a marriage based on gender of one person gender-based discrimination?

If a man A wants to marry B (a woman), their marriage will be recognised and certified by the authorities. But if he wants to marry C (a man), their marriage will not not certified. Is it gender-based ...
2
votes
1answer
123 views

(India) Is it legal for hotels to charge 5x the MRP on items in their ORIGINAL PACKAGING, with the MRP CLEARLY PRINTED on the package?

I am staying in a hotel room, and the in-room minibar has some chocolate bars in their wrappers, with the MRP printed, and the bars themselves are not wrapped in any way, nor are they part of a "...
2
votes
3answers
59k views

What is the liability of a person who signs as a witness?

I've seen this answer and this answer, but the answers don't entirely explain some things. For example, long back my boss wanted my signature as a witness signature on a contract for one of his ...
2
votes
3answers
227 views

Is the killing of human being less punishable than that of a cow in India because of British Common Law?

Refer to this article, ... 14 Years Of Jail For Killing A Cow, 2 Years For Killing A Human Being ... What is the source of this law? Is this law derived from British Common Law? If YES, does ...
2
votes
2answers
92 views

Therapist-Client Confidentiality and Limits

Is the Therapist-Client confidentiality valid even after the passing away of the client? Also if not what repercussions could a Therapist face for revealing such details after the said person had ...
2
votes
1answer
266 views

Is it illegal to ask a company for money in exchange for information on a bug in their software?

Let's assume that I have a found a bug in a company's website/software which – if exploited – bypasses their paywall and allows me to use their website/software without any payments. I then inform ...
2
votes
1answer
99 views

Contempt of Court Outside of the Court

Recently the following case has been catching eyeballs where Prashant Bhushan a Lawyer in the Supreme Court has been accused of Contempt of Court by making certain tweets. The Supreme Court has held ...
2
votes
1answer
1k views

To whom does the Vice President of India submit his resignation?

In India, the Vice-President shall submit his resignation to the President. But my question is: In the absence of the President, the Vice-President shall submit his resignation to____?
2
votes
1answer
79 views

Denying admission to students

I am familiar with the fact that many theaters display the message 'Management reserves the right of admission' or something similar. Today, our pre-board mock tests (Class 10) ended, and me and my ...
2
votes
2answers
114 views

Can't a state in India challenge the Parliament in court?

In an ongoing case challenging the centre's decision to make Aadhaar mandatory for government welfare schemes, the Supreme Court bench asked the West Bengal state counsel: "In a federal structure, ...

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