Examples of Law in force in India

The various examples of Law forces in India are.

1. Criminal Law
Criminal Law is enforced by police for cases like robbery, murder, assault, rape.
Offences which are committed against any individual however are seen as being
against everybody, even though it does not , come under Criminal Law. The IPC
formulated by the Britishers in the year 1860, forms the backbone of the criminal law
in India. The Code of Criminal Procedures (CPC), 1973 governs the procedural
aspects of the criminal law. 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
Maharashtra1 which was overturned by high courts. In February 2011, the Supreme
court of India rules that criminal defendants have a constitutional right to counsel.

2. Contract Law
The contract law in India came into existence on 01 st September 1872 and is
applicable to all in India. It outlines the methods of entering into a contracts and
effects of the same in case of a breach of contract. Indian Contract law is also knowns
as mercantile law of India. Earlier Indian Sales of Good Act and Partnership Act was
subset of Indian Contract Act, however due to required amendments the act was later
segregated from Contract Act. Most legal agreements in India are based on the
contract act.

3. Tort Law
The Tort law development began in India in early 1980’s. In recognizing the state
liability, constitutional tort deviates from established norms in tort law. This covers
custodial deaths, encounter killing , illegal detention etc. Law commission of India’s
first report was relating to the Liability of the State in Tort which was submitted on

1
K. M. Nanavati VS. STATE OF MAHARASHTRA, 1962 AIR 605
 11th May 1956. The state owes tortious liability under Article 300 of Indian
Constitution.

4. Property Law (Tax Law)

Indian tax law involves different types of taxes which are levied by different
government. Income Tax is levied by the Central Government which falls under
Income Tax Act 1961. Customs duty and Excise duty are along taxes which are levied
by Central Government. Sales tax is levied under the Value added tax (VAT)
legislation at the state level. The authority to levy a tax is outlined in the Constitution
of India which allocates the power to levy various taxes between the Centre and the
State. An important restriction on this power is Article 265 of the Constitution which
states that "No tax shall be levied or collected except by the authority of law".
Therefore, tax levied or collected has to be as per the law, passed either by the
Parliament or the State Legislature.

Civil vs Criminal Law

The difference between Civil Law and Criminal law is as below

Details Civil law Criminal Law

Definition Deals disputes between individuals, Deals with crime and the
organization or between the two, which legal punishment of criminal
results in awarding compensation to offenses
the victim
Burden of Proof The burden of proof falls on the Burden of proof is always
applicant of the case. The applicant on the state/government
needs to produce evidences to prove
the case
Examples Divorce proceedings, child custody Murder, theft, assault,
proceedings, property disputes, robbery, trafficking etc.
Landlord/tenant disputes
Punishment Compensation for injuries or damages Imprisonment or fine or
along with disposition of property and death penalties. Crimes are
other disputes classified as Felonies and
Misdemeanors
Case filed by Private party State/Government
Appeal Either Party Only Defendant
Right to Defendant do not have a right to an Defendant in criminal case
Attorney attorney. In case they cannot afford, is entitled to an attorney. In
they have to represent themselves case they cannot afford, the
state shall provide an
attorney