Substantial & Procedural Laws

Laws of India

The Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. The Code of Criminal Procedure, 1973 governs the procedural aspects of the criminal law.17]

Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts.

In February 2011, the Supreme Court of India ruled that criminal defendants have a constitutional right to counsel.18]

Capital punishment in India is legal. The last execution was conducted in 2012, when Ajaml Amir Kasab] was hanged for the terrorist attack in Mumbai in 2008.

Contract law

The main contract law in India is codified in the Indian Contract Act, which came into effect on September 1, 1872 and extends to all India except the state of Jammu and Kashmir. It governs entrance into contract, and effects of breach of contract. Indian Contract law is popularly known as mercantile law of India. Originally Indian Sales of Goods Act and Partnership Act were part of Indian Contract act, but due to needed amendment these acts were separated from Contract Act. Contract act is the main and most used act of legal agreements in India. The Indian constitution should be changed from British effect.

Labour law

Indian labour laws are among the most restrictive (for the employer) and complex in the world according to the World Bank.19]20]

Tort law

Development of constitutional tort began in India in the early 1980s.21] It influenced the direction tort law in India took during the 1990s.21] In recognizing state liability, constitutional tort deviates from established norms in tort law.21] This covers custodial deaths, police atrocities, encounter killings, illegal detention and disappearances. Law commission of India's first report was relating to the Liability of the State in Tort. This report was submitted by the Law commission of India on 11.5.1956. State owes tortious Liability under Article 300 of Indian Constitution.22]

Indian tax law is an extremely complex body of law, with several different taxes levied by different governments. Income Tax is levied by the Central Government under the Income Tax Act, 1961. Customs and excise duties are also levied by the Central government. Sales tax is levied under VAT legislation at the state level.

Trust law

Trust law in India is mainly codified in the Indian Trusts Act of 1882, which came into force on March 1, 1882. It extends to the whole of India except for the state of Jammu and Kashmir and Andaman and Nicobar Islands. Indian law follows principles of English law in most areas of law, but the law of trusts is a notable exception. Indian law does not recognise "double ownership", and a beneficiary of trust property is not the equitable owner of the property in Indian law.

Family law

Family laws in India are different when Warren Hastings in 1772 created provisions prescribing Hindu law for Hindus and Islamic law for Muslims, for litigation relating to personal matters.23] However, after independence, efforts have been made to modernise various aspects of personal law and bring about uniformity among various religions. Recent reform has affected custody and guardianship laws, adoption laws, succession law, and laws concerning domestic violence and child marriage.

Hindu Law

As far as Hindus are concerned Hindu Law is a specific branch of law. Though the attempt made by the first parliament after independence did not succeed in bringing forth a Hindu Code comprising the entire field of Hindu family law, laws could be enacted touching upon all major areas that affect family life among Hindus in India.citation needed] Jains, Sikhs and Buddhists are also covered by Hindu law.

Muslim law

Indian Muslims' personal laws are based on the Sharia, which is partially applied in India.24] The portion of the fiqh applicable to Indian Muslims as personal law is termed Mohammedan law.25] Despite being largely uncodified, Mohammedan law has the same legal status as other codified statutes.26] The development of the law is largely on the basis of judicial precedent, which in recent times has been subject to review by the courts.26] The contribution of Justice V.R. Krishna Iyer in the matter of interpretation of the statutory as well as personal law is significant. The very Source of the Muslim law are divided into two categories : 1) Primary Source 2)  Secondary Source

1)"Primary Source" As per Sunni Law:

ü  Quran

ü  Sunna or Ahdis (Tradition of the Prophet)

ü  Ijma (Unanimous Decision of the Jurists)

ü  Qiyas ( Analogical deduction)

1)"Primary Source" As per Shia Law:

ü  Quran

ü  Tradition (only those that have come from the family of the Prophet)

ü  Ijma (only those confirmed by Imams)

ü  Reasons

2. "Secondary Source"

ü  Custom

ü  Judicial Decisions

ü  Legislation

Salient Feature of Quran:

ü  Divine Origin

ü  First Source

ü  Structure

ü  Mixture of Religion, Law and Morality

ü  Different Forms of Legal Rules

ü  Unchangeable

Christian Law

            For Christians, a distinct branch of law known as Christian Law, mostly based on specific statutes, applies.

            Christian law of Succession and Divorce in India have undergone changes in recent years. The Indian Divorce (Amendment) Act of 2001 has brought in considerable changes in the grounds available for divorce. By now Christian law in India has emerged as a separate branch of law. It covers the entire spectrum of family law so far as it concerns Christians in India. Christian law, to a great extent is based on English law but there are laws that originated on the strength of customary practices and precedents.

            Christian family law has now distinct sub branches like laws on marriage, divorce, restitution, judicial separation, succession, adoption, guardianship, maintenance, custody of minor children and relevance of canon law and all that regulates familial relationship.

Nationality law

            Nationality law or citizenship law is mainly codified in the constitution of India and the Citizenship Act of 1955. Although the Constitution of India bars multiple citizenship, the Parliament of India passed on January 7, 2004, a law creating a new form of very limited dual nationality called Overseas Citizenship of India. Overseas citizens of India have no form of political rights or participation in the government, however, and there are no plans to issue to overseas citizens any form of Indian passport.