Questions tagged [indian-penal-code]

Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law.

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as ipc 497 act is struck down -- an married woman file a divorce based on fundamental right 'right to choose'?

Supreme Court of India struck down IPC 497 act A five-judge bench of the court ruled that section 497 of the Indian Penal Code violates women’s right to equality and treats them like the property of ...
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Is justifying communal violence not illegal?

India, unfortunately, has a history of communal violences mostly between two largest religious communities. Violence due to separatism, casteism, terrorism etc also have similar histories. There are ...
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is it necessary for India to have a war crimes act to prosecute war criminals in India too?

Many EU nations have a war crimes act in their countries to prosecute e g. Germany and the UK. war crime act 1991 war crime act in india Section 120A and 120B of IPC,1860 says that when two or more ...
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How does a court infer marriage in India?

Since in India marriages are not legal contracts, how does a court infer marriage in India? As living together is legal in India without marriage, having a biological child cannot be the proof of ...
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Section 112 in The Indian Evidence Act, 1872 still valid and enforceable, in the face of DNA testing telling that the child is illegitimate?

Here is Section 112 in The Indian Evidence Act, 1872. Central Government Act Section 112 in The Indian Evidence Act, 1872 112. Birth during marriage, conclusive proof of legitimacy.—The fact that any ...
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A beggar forced me to give money

Backstory: A beggar beat (very hard) the gate of my room (a rental room in a residential building). I opened the gate and refused to give money. When I tried to close the door they forcefully entered ...
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What legal remedy available for Proprietor firm an accused to deal with138 of NI act Dishonor of cheque

A proprietor firm "ABC Traders" continuously do's the business with a Private Limited Company. The "ABC Traders" gets credit upto 70 Lakh from the said Private Limited Company. ...
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1 answer
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Jurisdiction of file a complaint of a party who fraudulantly denies the contract

The complainant started working for a company as a freelancer, there is no duly signed document but the complainant has the confirmation message in Skype conversation. Also he has all the conversation ...
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If a witness claims his signature was taken on blank paper and then statements were written would that become null and void?

This is in relation to the Aryan Khan's Case in which one of the witness claims his signature was taken on a blank paper and he was not aware of what was going to be written on it. He signed it ...
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2 votes
1 answer
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Is there a law in India that determines the punishment on the basis of quantity of narcotic drugs possessed by a person?

Suppose a person was found with 1kg of a narcotic drugs and another person with say 1000kgs does the punishment for the crime differ for both the people accused?
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Legal and practical ways to deal with noisy neighbours in India [duplicate]

Consider some neighbours who play very loud music on routine basis and occassionally organise party with even more noise. What are legal ways to deal with them and what are my rights in this case? ...
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Noise complaint to neighbouring shop

How do I approach to neighboring shop which does carpentry work throughout the day? The local area is in Gujarat and it's not a housing society. It's a kinda lane where many of the local shops are ...
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Is keeping weed/ganja for one time usage (for one person) a crime in India?

Is it illegal to possess an amount equal to a one-time usage for one person? Is there any specific law for this?
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Remedy for employee regarding Provident Fund

What are the possible charges an employee can take against an employer regarding Provident Fund - An employee works in a company for a short duration i.e., less than a year. Employee who was able to ...
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Consequences of violation of employment contract in India

What legal action can an employer take against the employee who used the company laptop to work on a freelancing project? Duration maybe max of 10 days. Possibility of allegation from employer is for ...
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1 answer
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Can Indian Company file a Civil Suit against a Foreigner

A common foreign client is simultaneously in discussion with Company A and Company B in India. The so called client states that Company B product is a copy of Company A's product during the demo ...
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6 votes
1 answer
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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?
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If someone does not downvote defamatory post does that mean they endorse it?

If someone does not downvote defamatory posts on Stackexchange are they liable for defamation under Indian Penal code? I am refering to section 499 and section 500.
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2 votes
2 answers
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What's the minimum age of consent for sexual matters in India

I'm confused about the age of consent for sexual relations. Is it 18 or 16? IPC (1860) has various sections like 375 which criminalises sex with girl under 18years of age even with her consent. But ...
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Is online lottery legal in India?

Is a person from Noida, Uttar Pradesh, India allowed to play an online lottery? I know playing the lottery is banned in Uttar Pradesh, India, but what about playing the online lottery of other states ...
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1 answer
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Is there any specific IPC section for torture/torture before crime

This question is specifically related to the Indian Constitution So, I have been wondering if a criminal tortures the victim before committing a crime like rape or murder. Would it include additional ...
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1 answer
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Violating Non-Compete Agreement with my Employer

I'm currently employed in a startup in India. I have been working here for 1 year, and have signed non-compete agreement (electronically or digitally). Recently a person contacted me in Linkedin ...
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-1 votes
1 answer
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What if someone accuses another person of killing him in his last statement before death

Suppose, Person X has some minor feud with person A. If X sets himself on fire and accuses A of killing him (last statement before legal authorities) and later dies. Will last statement of deceased ...
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Do I have to break quarantine to return a leased router during a COVID-19 lockdown?

Before Covid, I was working in Chennai, India. I had a broadband internet connection and used a router provided by my ISP. Due to the lockdown, I had to move to my parents home in West Bengal, India (~...
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1 answer
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Is statement of objectives of a bill considered part of the law?

I want know if the law is just the clauses and sections of the constitution or does it also expand to the statement of objectives of a bill as well. I am asking this with regard to the recent unrest ...
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Was homosexuality still illegal in Jammu and Kashmir when 377 was updated due to 370?

When India updated 377 and decriminalised homosexuality at that time Jammu and Kashmir still had 370. Does 370 stop decriminalising homosexuality in the state? Now 370 has been removed in the most ...
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Can TV channels registered in one language run shows in another?

In India, TV channels are registered with the government and have to obtain permission before they can air. Can a channel which is registered as an English channel run programme in Hindi or any other ...
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-1 votes
1 answer
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Who is the owner of website client or agency?

Story : I wanted to build a website so i have hired a New Delhi India based agency. Initially they told me it will charge $2000 but they have charged me $6000 till now. And they have not completed ...
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Is Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 applicable for a person Scheduled Cast or Scheduled Tribe itself?

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. I want to know if this act is applicable against who disrespecting own family members who is come under Scheduled Cast or ...
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24 votes
2 answers
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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 ...
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1 answer
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Why are lynching and mob-justice so popular in India?

Thousands joined gang which kidnapped 'rapist' from Indian prison - then stripped him naked and beat him to death Crowds attack Africans in India after teen's death Indian mob beats two Muslims to ...
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Lift laws and maintanance in a residential flat

In India, what are the legal facilities/minimum maintanance requirements (Like alarms, phones, power back up etc) for a lift installed in a residential flat?Who are responsible for any accidents ...
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Is producing porn partially legal in India?

Just now I am browsing videos on free porn streaming sites, but I saw so many homemade porn contents are produced in India itself. But According to Indian Penal Codes, Making porn in India is illegal....
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1 answer
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Is exchanging Indian currency at premium legal?

Is exchanging/selling Indian currency notes, like the ones which have special sequences numbers or are extra old (antique), at premium legally allowed?
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2 votes
1 answer
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What is the procedure to file an RTI act against the police for a case on IPC507?

I have already filed a case on ipc507 in Hadapsar police station in Pune. I have to check the proceedings of the case through the RTI to the Superintendent of the Police. What is the procedure ...
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3 votes
1 answer
733 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 ...
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2 votes
1 answer
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When the matter is sub judice then does a person have the right to speak the truth in public?

I've filed a case against my husband including my in-laws for dowry torture, on the basis of which police arrested them before sunset in my presence. But my mother-in-law filed a false case that she ...
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1 vote
2 answers
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Data scraping with an App and copyright violations (India)

During my college days, I developed an Android App for my university. I used the university logo and data scraped from their website to show results of respective students. It's a government ...
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2 votes
1 answer
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Private school forcing a child to get a specific hairstyle in India

If a private school is a forcing a child to get a specific hairstyle, can it be considered as child rights violation in India? Update: The school authorities beat the child and humiliate him in ...
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4 votes
0 answers
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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.
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3 votes
1 answer
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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 ...
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6 votes
1 answer
139 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.
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5 votes
2 answers
282 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 ...
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