02.
The Code of Criminal Procedure, 1973.
03. The Indian
Evidence Act, 1872.
04. The Motor
Vehicle Act, 1988.
05. Consumer
protection Act, 1986.
06. The General
Clauses Act, 1997.
07. The Protection
of Human Rights Act, 1993.
09. The Legal
Services authorities Act, 1987.
10. The Probation
of Offenders Act, 1958.
11. The Anti
hijacking Act, 1982.
13. The Benami Transactions (Prohibition) Act, 1988.
14. The Bonded Labour System (Abolition) Act, 1976.
15. The Child Marriage Restraint Act, 1929.
16. The Commission of Inquiry Act, 1952.
17.
The Contempt of Courts Act, 1971.
18. Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bride Grooms) Rules, 1985.
19.
The Dowry Prohibition Act, 1961.
20. The Family Courts Act, 1984.
21. The Immoral
Traffic Prevention Act, 1956.
22. The Indecent Representation of Women (Prohibition) Act, 1986.
23. The Information Technology Act, 2000.
24. The Judges
Protection Act, 1985.
26.
The Medical Termination of Pregnancy Act, 1971.
27. National
Commission For Minorities Act, 1992.
28. The National
Commission For Women Act, 1990.
29. The National
Security Act, 1980.
30. The Narcotic
Drugs And Psychotropic Substances Act, 1985.
31. The Official
Secrets Act, 1923.
33. The Prevention
of Corruption Act, 1988.
34. The Prevention
of Cruelty to Animals Act, 1960.
35. The Prevention
of Insults to National Honour Act, 1971.
36. The Protection
of Civil Rights Act, 1955.
37. The Public
Gambling Act, 1867.
38. The Special
Marriage Act, 1954.
39. The
Terrorist And Disruptive Activities (Prevention) Act, 1987.
40. The
Transplantation of Human Organs Act, 1994.
41. The Unlawful
Activities (Prevention) Act, 1967.
42. The Young Persons (Harmful Publication) Act, 1976.
The Indian Penal Code deals with offences and punishments,
more specifically it deals with such offences, which are general in nature.
Every civilization took those acts as offences from the beginning of
civilization. It also clarify the general exceptions (doing of such acts
normally looks a crime but to the special nature of conditions they are not
taken as crime) For example Tight of private defence by which any one has given
right to protect own or others body or property and any thing done under the right
of private defence is not a crime and no punishment can be given.
It
is one of the very big law of India having 511 sections. It defines meaning of
offences, general exceptions and punishments for offences. It covers about all
types of offences like theft, decoity, rape, fraud, frogery, offences against
the state –relating to elections-corruptions – relating to public servants -
justice – defamation etc. Attempt or abetment of any crime is also offence.
This
is on of the few laws, which must know.
THE CODE OF CRIMINAL PROCEDURE 1973:
Mostly
laws told that is crime and what is punishment for those crimes. Code of
Criminal Procedure deals how the punishment will be given. It tolds about the procedure
giving punishment step by step and all matters related to them.
It
tolds about the creation of Criminal Courts and their power. It also told about
the powers of police accused person(s). How person can be arrested. How a person
be compelled to appear or to produce
things before lawful authority. The procedure of trial in courts. It has also
provision for bails and bounds related to accused person.
Code
of Criminal procedure also have provisions of time limitation within which a
case is to be filled in the court, Any case filled after the time limitation
can not be heard by courts. Courts has given powers to relax time limitation in
certain conditions.
This
is also on of the main law, which one must know.
Indian Penal Code deals meaning of crimes and their
punishments. Code of Criminal Procedure deals with how to punish the procedure
of awarding punishment. Now Indian Evidence Act deals how to prove against any
accused. It relates with evidences. It told us what is taken as evidence and
what is not be taken as evidence. It has also provisions of some related
matters.
It
applies to all judicial proceedings in India. It is to clarify that most of the
Tribunals, consumer Courts, Labour Courts, proceedings are not judicial proceedings, so this act does
not applies on them but even then broudly they follow its provision.
The
famous “Hawala Scan” which has taken senior Politicians and burocreats into its
grip, failed due to non-fulfillment of conditions of Indian Evidence Act. The
Delhi High Court Judge Hon’ble Justice Mohamad Shamim held that loose Sheets
etc., cannot be converted into legal accused and discharge the accused. Supreme
Court also further up-held this judgment.
It has 10 chapter and 167 sections. It hold
in details o relevancy of facts, which need not be proved, oral-documentary
evidences about the burden of proof, witnesses and the examination of the
witnesses.
Any
offence is to be proved as per Indian Evidence Act before awarding any
punishment or in civil cases any order can be given after the proceedings of
evidence as per this act. This is also one of the main law which must know.
This act provides provisions relating to Motor Vehicle. If one needs Driving Licence, to drive any motor vehicle that is the requirement of this Act. Traffic Police mainly implement this Act. All Traffic challans are made under this Act.
This
act has made lawfully compulsory Driving Licence for Drivers & Even Licence
for Conductor Stage carriages. The Number of vehicle, which is said its
registration Number of Vehicles is also allotted under this Act, The Act has
also made mandatory for insuring the vehicle against third parties. It has also
provisions regarding construction and maintenance of vehicles. Permits issued
to commercial vehicles are also issued under this act.
The
common man comes in touch with mostly its provisions related with control of
traffic and penalties for their violation.
For
the knowledge of common man its two provisions are hereby clarified;
(1) A
private vehicle cannot be impounded by police or any other authority under this
Act, unless both vehicles certificate of registration and driving licence of
Driver is not with vehicle/Driver. Any private vehicle who is not in possession
of its certificate of registration can show that certificate within 7 days of
any demand by lawful authority to show it.
(2)
The
Police have no power to fine on any person under this act. It can only compound
the offence and submit your fine in court on your behalf. If one is not
satisfied with challans he can go to Court, Police can only keep his Driving
Licence with written entry on challan of this regard and that copy of challan
will serve as Driving Licence.
THE CONSUMER PROTECTION
ACT, 1986:
The
consumer protection Act is enacted with the purpose to solve Consumer grievance
without complicated and long legal procedures and in a simple manner.
Any
consumer can go to Consumer Courts without any Legal Practitioner. Complaint
can be made on simple plain paper. It does not require any Court Fees etc; The lengthy and complicated provisions of Civil Courts and Indian
Evidence Act does not apply on it.
This
Act provides three Tier Judicial System for resolving Consumers grievances, at
District Level there are District Forums at State Level State Commission and at
National Level National Commission.
Any consumer can go to Consumer Courts
without any Legal Practitioner. Complaint can be made on simple plain paper. It
does not require any Court Fees etc; The lengthy and complicated provisions of
Civil Courts and Indian Evidence Act does not apply on it.
This
Act provides three Tier Judicial System for resolving Consumers grievances, at
District Level there are District Forums at State Level State Commission and at
National Level National Commission.
There are very general things, which are common to many or
all the laws. The General Clauses Act is such Law, which defines those General
or Common Law Points a legal base. This is one of the very simple and
interesting law of India.
It
contains only 31 sections. One of its provision is that whoever has power to
appoint any one under any Central Act or regulation, he has also power to
suspend or dismiss any person in exercise of the Power. This provision looks
very simple but this provision have given it
lawful status, without which Appointing Authority cannot suspend or dismiss any
person.
THE
PROTECTION OF HUMAN RIGHTS ACT 1993:
This Act provides for the constitution of two tier Human
Right Commission – National & State Level. It also contains provision for
creation Human Right Courts.
Human
Rights is the main agenda of all the civilization of modern time. Though the Law
making Authority had tried to respect Human Right during making any law. This
Act is solely devoted to protection of Human Rights. According to provisions of
this Act National Commission of Human Rights is headed by any Ex-Chief Justice
of India. National Commission has also investigation Staff with a Director
General of Police under it.
The
state Human Right Commission is always headed by an Ex-Chief Justice of High
Court. The Secretary of State Commission is an officer of the Rank of Secretary to State Government.
Investigation Staff headed by an Officer of
Inspector General Rank is also under State Commission. Any person can
complain to Commission about the violation of any Human Right on simple plain
paper, even verbally also. Commission can take any complaint suo-moto also.
The
commission is also given some powers of Civil Court under Code of Civil
Procedure to enquire into any complaint. The complaint to Human Right
Commission is to be made within one year of alleged human right violation.
The
commission has mainly recommendatory powers to Govt. against human right
violation. The Head Quarter of National Commission is situated in Delhi and
State Commission headquarter are normally situated in the Capital of their
respective State.
The
constitution of India has guaranteed some fundamental rights to all citizen of
India. These rights are major source of People’s rights. Law making Agencies
cannot make any law, which are inconstant to these rights. Judiciary was given
power to nullify any law, which is inconstant with these rights.
Fundamental
rights are detailed in part III from Article 12 to 35 of he Constitution of
India.
The
most important article is 21 (According to writer). This section treats the
rule of Law in our country. According to it any person can be deprived of his
life or personal liberty according to procedure established by law.
This
article abolishes the personal authority of any person and creates the rule of
law because any authority has to work according to and within limits of laws.
His personal wishes are of no value.
Supreme
Court and High Court are made custodian of these rights. Any person aggrieved
by violation of these rights can approach these courts for appropriate relief.
THE LEGAL SERVICES AUTHORITIES ACT, 1987:
The
Act provides free legal services to the weaker section of society. It also has
provisions for Lok Adalat.
Legal
services authorities are created on all India basis/State basis/ District basis
and Taluq basis. Chief Justice of State High Court are made patron-in-chief of
National/State Legal Services authorities respectively.
Section-12
descries about the criteria of giving legal services. Members of Schedule Caste
and Schedule Tribe, Women or a Child a mentally ill or otherwise disable
persons etc. are eligible for legal services under this Act.
THE PROBATION OF OFFENDERS ACT, 1958.
This Act empowers the Courts to release offenders, which are
found guilty of certain offences (Mainly of not big offences). After giving due
warning, on probation of good conduct.
The
Courts are also empowered to make the offender to pay any compensation or cost
as deem fit.
The
provision of appointing Probation Officers is also in this Act. If any offender
fails to obey the conditions of good conduct, he can be arrested and sentenced
for his original offence.
THE ANTI
HI-JACKING ACT, 1982.
The
India had signed a convention for the suppression on unlawful seizure of Air
Craft on 16-12-1970. This Act was made to accede to the said convention to make
provision for giving effects to the matters in the said convention.
This
law deals with jacking of Aeroplane. It has provisions for investigation,
punishment, etc; relating to Hi-Jacking of Aeroplane.
This Act also provides for special Courts for speedy trial or Offences under this Act. No prosecution under this Act can be instituted without previous sanction of Central Government. The punishment for Hi-jacking Aeroplane is life imprisonment with fine under this Act.
This
Act deals with Arms related matters. It makes provisions for Acquisition
Possession, Manufacturer, Sale, Import Export and Transport of Arms and
Ammunition.
This
Act also make provisions of Licence for processing, Manufacturing, Import and
Export or Arms. Violation of these provisions are offence punishable with
imprisonment and fine.
It also empowers Central Government to prohibit possession of Arms or any type or Arms in Disturbed Area etc; Central Government is also employed to take Census of Fire Arms.
This
Act is not applied on any weapon of absolute pattern or of antiquarian value or
which is not capable of being used as a Fire Arms with or without repair. Full
exceptions are given in Section 45 of this Act.
All
offence under this Act are cognizable, means offender/ accused can be arrested
by Police without warrant. In some offences previous sanction of District
Magistrate is necessary for institution of prosecution.
THE BENAMI TRANCSATIONS PROHIBITION) ACT, 1988.
This
Act defines the Benami Transanction as “Benami Transanction means any
transanction in which Property is transferred to one person for a consideration
paid or provided by another person”.
Benami Transanctions prohibited by this Act and made offence punishable with imprisonment upto 3 years. Government is also authorized to acquire any Benami property held Benami without paying any amount. The Real owner of Benami property cannot go to the Court to enforce any right in respect of Benami property.
This
Act does not apply in certain cases as a property purchased by any person in
the name of his wife or unmarried daughter.
THE BONDED LABOUR SYSTEM (ABOLUTION) ACT, 1976.
This
Act abolish the Bonded Labourers System and prescribes 3 years punishment for
extracting Bonded Labour.
In
our Country many labourers are working on very low wages or on no wages with
their Creditors. They owe some debt from their Creditors because of that debt
they work with them with very low wages or no wages. This Act has abolished
this system.
By
this act all bonded labourers are made free. They are also made liability free
for paying their bonded debts. Any property mortgaged under bonded debt is also
made free without paying any amount. The creditors right to accept payment
against bonded debt is also extinguished.
District
Magistrates and Sub-Divisional Magistrate are appointed main authority to
implement this Act. Provisions for vigilance
Committee, to abolish this menace and to provide the economic and social
Rehabilitation of Freed Bonded Labour is also made.
Offences
under these Acts are tried by Executive Magistrates for typing offences under
this Act.
This
Act restrains the marriage of any male person who has not completed 21 years
and female who has not completed her 18 years of age.
This
Act provides punishment for person/ who had solemnizing child marriage and also
punishment for parents or guardian concerned in child marriage.
Any
Male person above 18 years of age if marry with a female of less than 18 years
of age is also do offence under this Act which is punishable with imprisonment.
THE COMMISSION OF ENQUIRY ACT, 1952.
This
Act provides for appointment of Commission of Enquiry, their power and other
related matter.
These
commission can be appointed by both Central and State Govt. The Commission are
also provides with some powers of Civil Code under Code of Civil Procedure. It
is also empowered to utilize the services of any officer or investigating
Agency of Government for conducting investigation pertaining to inquiry. It has
also power to appoint assessors having special knowledge of any matter
connected with the inquiry.
It
also provides provision for hearing of person whose interest is likely to be
effected by the Inquiry.
THE CONTEMPTS
OF COURT ACT, 1971.
This act empowers certain Court to punish any person for
willful disobedience to any judgment, Decree, Direction, order, writ or other
process of a court, or a willful breach of undertaking given to a court. It
also empower Courts to punish for any act which obstruct the administration of
Justice etc.; The act also clarify those activities which are not contempt.
This
act is applicable on Judges Magistrates or any other judicial persons for
contempt of their own Court, or of any other Court in the same manner as any
other individual.
High
Court is also authorized to punish contempt of subordinate Courts.
This
Act is not applicable to panchayat and village Courts.
Contempt
Proceeding can only be proceeded within one year of contempt.
THE
DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND
BRIDEGROOM) RULES, 1985.
These
rules are made by Central Government under Dowry (Prohibition) Act 1961. It
provides for the written lists of presents given to Bride and Bridegroom, at
the time of marriage. As per these rules the list shall contain description of
each present with their approximate value and name &relation of person who
has given that present. This list should be signed by both brided and
bridegroom, and if they are unable to sign they can affix their thumb
impression.
THE
DOWRY PROHIBITION ACT, 1961.
This act is made to abolish Dowry menance of our Society.
Although it failed to achieve its objective. Even then it has provided some
solace against menace.
This
Act is not applicable on Dowry, which is given by its own will. It makes giving
and taking Dowry both offence punishable with imprisonment. It also prohibit
the exhibition of Dowry Articles. It also made any agreement off giving and
taking Dowry Void. Any dowry can be used only for the benefit of wife and her
heir. This act also provides appointment of Dowry Prohibition Officer. If any
parties to marriage deprive other party any rights and privileges of marriage
because of Dowry that is also punishable under this act.
The family court provides a stage for settlement of Dispute
relating to marriage and family Affairs.
Family courts have duty to make efforts for
settlement in matters in relating to Marriage and family affairs. The
proceeding of Courts can be held in Camera if any party desires so. No Party in
any case before Family Court is entitled to be represented by a legal Practitioner
except where Court considers it necessary in the interest of Justice.
This
Act has tried to resolve family matter in a simple manner without complicated
and lengthy procedures. It also tries to solve these matters by settlement.
Any
order or judgment of Family Court is appellable in High Court.
THE
IMMORAL TRAFFIC (PREVENTION) ACT, 1956.
This
act is created for the purpose of tackling immoral activities of Prostitutes
and Brothels. It has provision for rescuing of a person forced into
prostitution.
It
contains some provisions for their Rehabilitation also.
It
also contain some power for Magistrate and Police Officers for tackling this
Crime. Provision to establish special courts for speedy trial of accused person
is also made in this Act.
THE INDECENT REPRESENTATION OF WOMEN PROHIBITOIN ACT, 1986.
The
Act defines “Indecent Representation of Women” as the depiction in any, in manner
of the figure of a women, her form or body or any part thereof in such a way as
to have a effect of being indecent, or derogatory to or denigrating, women, or
is likely to deprive, corrupt or injure the Public Morality or Morals.
It
prohibits any advertisement, publication and their distribution, which contain
indecent representation of women. Breaking of this law is punishable with
imprisonment and fine.
This
law has some exceptions like publication used for Religious Purpose (Bonafide)
etc.
THE INFORMATION TECHNOLOGY ACT, 2000.
The Act provides legal status of Electronic Commerce. It recognizes Electronic record and signature in government and its agency. Central government is authorised to appoint and other officers for administration of this Act. The Controller can issue licence for digital signatures. Controller is also to certifying public keys of certifying authorities. The Controller can also recognize foreign certifying authorities.
The
Act regulates new technology of new era.
THE
JUDGES (PROTECTION) ACT, 1985.
This Act gives Judges additional protection given in any
other Law. As per the provision of this Act no Court can entertain any Civil or
Criminal Proceeding against any Judge for anything done by him during the
Course of his duty.
This
act has also clarified that Supreme Court, High Courts, Central Government,
State Govt. or any other Lawful authority is not debarred by this Act to take
action against any Judge.
For
redressal of one’s remedy there is time limit provided in the Limitation Act.
Incase one does not agitate one case in Court of Law within the Time Limit.
The
remedy is extinguished on that score.
Limitation
Act details “Time Limits” for various purposes many Act have their own
limitation given in themselves. In case of those Acts their Limitation as applicable.
Different Time Limits are prescribed for different purposes.
THE MEDICAL TERMINAITON OF PREGNACY ACT, 1971.
In
brief, this Act make “abortion” Lawful. Before the commencement of this Act
Abortion was illegal and punishable.
This
Law makes Liberal provision for Abortion on the reasons of Health Humanitarian
and Eugenic (Where there is substantial risk that a child if bornes would
suffer from deformities and diseases), grounds. This Act is enacted to keep pace
with time.
It
also provides provisions for safe Abortion, As per provision only a registered
Medical Practitioner at a Hospital established or maintained by Govt., or a place for the time being
approved for the purposes of this Act can do Abortion.
THE NATIONAL COMMISSION FOR MINORIES ACT, 1992.
This
Act provides the constitution of a National commission for Minorities. It
consists of Chair Person and six members nominated by Central Government. Its chairman
and five members are from minority Community.
The Commission can look
into specific complaint regarding deprivation of Rights and safeguard of the
Minorities and take up such matters with the Appropriate Authorities. It can
also monitor the working of safeguard provided by law for Minorities. The
detailed function for Commission is given in section 9 of Act. The Commission
is also given some powers of Civil Court under Code of Civil Procedure during
inquiry by it.
THE NATIONAL COMMISSION FOR WOMEN ACT, 1990.
This
Act provides to constitution of a commission for Women. The Commission looks
after matters relating to Women as it can investigate and examine all matters relating
to the safeguard for women under the examine all matters relating to the
safeguard for women under the constitution and other Laws. It can also look
into complaint and take suo moto
notice of matters relating to deprivation of Women Right.
While
inquiring Commission has some powers of Civil Government Grant. The commission
has one Chairman and six other members including member Secretary.
The
commission is also authorised to inspect a Jail Remand Home Women’s Institution
or other place of Custody, where women are Kept. It can also take up for any
remedial measures with concerned authorities of these custody Houses.
THE NATIONAL SUCURITY ACT, 1980.
This Act empowers Central and State Government to detain any person if they satisfied that person is working in any manner prejudice to the Defence and security of India.
The
Executive powers in this Act are mainly with District Magistrate and Police
Commissioner.
Government
can detain any person for three months at first instance. The total period of
detention can go up to 12 months.
There
is a provision of Constitution to Advisory Boards for looking into sufficient
cause for detention under this Act. If this Advisory Boards found no sufficient
cause for detention, the person is released from detention. The Government is
also empowered to revoke detention order any time.
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985.
This
Act is made to control and abolish drug menace. This is one of the strictest
laws of India. It contains provisions of minimum 10 years imprisonment and Rs.
One Lakh fines for most of offences described in this act. These punishments
can goes upto 20 years imprisonment.
It
has also provisions for forfeiting property derived from illicit of drugs. In
some cases, it provides even death penalty.
Drugs
users who keep small quality of drugs for personal consumptions get softs
punishment under this act.
Procedure
to take action against offenders is described. Any laps in procedure goes to
the benefit of accused.
“NATIONAL
FUND FOR CONTROL OF DRUG ABUSE” is also constituted under this act. This fund
includes Govt. funding- sale proceeds of property forfeited under this act –
any grant by person on situation etc. This fund is utilized by Central
Government for combetting illicit traffic of drugs and drug abuse.
THE OFFICIAL SECRETS ACT,
1923.
This
Act mainly deals with communication of any Secret Information to enemy or
simply enemy spy. It provides stringent punishment for this. It also prohibits
some other acts, which can be detrimental to the Security of Nation.
Harbouring
of spies or abetment to commit any offence under this Act are also punishable.
The Courts are also given Authority for exclusion of Public during trial
proceedings,. It is also clarify that Court will pass sentence in public.
This
Act is made by British Government in 1861 to create and regulate Police Force
in India. It is one of the oldest Laws of India after Independence Indian
Parliament approved its adoptation by Independent India. This Act explains
about the basic duties of Police about their Discipline, appointment, Dismissal
etc; of inferior officers.
It
also empowers Police to take charge of unclaimed Property. The Police Act also
provides details small offences and provides for their punishment, can take action
in these offences. This Act also defines some offences, which can be committed
by a police Officer and provides punishment for them.
THE PREVENTION OF CORRUPTION ACT, 1988.
The
main purpose of this Act is to crack down on menace of corruption. Earlier the
matter relating to this law are regulated by Section 161 to 165 of Indian Penal
Code. Later a special Act was enacted by parliament of India to deal with
corruption.
It
basically deals with bribe related matters. The meaning of bribe
(gratification) is very vast and not restricted to any bribe which is estimable
in money. The full meaning of gratification is defined in Section 7 of this
Act.
Bribe
by public servant, by any person to influence Public Servant or abetment of
these Acts are offence and punishable with stringent punishment. An attempt to
do these offences are also punishable.
The Central and State Government are also
empowered to appoint special Judges to try offences under this Act. A person
can be prosecuted under this Act only with the previous sanction of Government
Only
an Assistant commissioner of Police or deputy Superintendent of police is
authorised to investigate in this Case. Exception is only Delhi, where a Police
Inspector can also investigate under this Act.
THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960.
This act prevents the infliction of unnecessary pain or suffering on animals. It makes the duty of every person having the care or charge to take all reasonable measures to ensure the well being such animal and to prevent the upon such animal of unnecessary pain or suit suffering.
Section
11 and 12 of this Act tell about the cruel activities done on animals and which
are prohibited under this act.
The
act empowers the Police to seize any such animal Magistrates are also empowered
to issue search warrants for enquiring into destruction of suffering animals if
court is satisfied that it would be cruel to keep animal alive.
THE PREVENTION OF INSULTS TO
NAITONAL HONOUR ACT, 1971.
This
Act provides punishment for dishonoring National Honour objectives e.g.
National Flag, National Anthem and Constitution.
Dishonoring
of these National Honours Object are punishable upto 3 years imprisonment.
Intentional prevention of singing Indian National Anthem or causing disturbance to any Assembly singing National Anthem is also made punishable with imprisonment upto 3 years.
THE PROTECTION OF CIVIL RIGHTS ACT, 1955.
The
Constitution of India has abolished untouchability in India (Article 17 –
Fundamental Rights) This Act is enacted to implement that Article of Constitution
by this Act “Untouchability” is made offence and made punishable with
imprisonment.
It also empowers Governments to suspend or resumption of grants, to any trust place of Public worship or any Educational Institution. Hostel where the manager of such Institution is convicted under this Act.
No
one can be prevented from entering any place of public Worship or assess to any
shop, Public Restaurant, Hotel or place of Public entertainment. The details of
untouchability Preventative Acts are given in Section 3,4,5 and 6 of this Act.
Any person who abets for these crimes is also punishable under this act.
Police
can arrest accused person without warrant and Courts can try these cases
summarily.
THE PUBLIC
GAMBLING ACT, 1867.
This
act is made to abolish gambling menace, gambling and keeping Gambling House are
made punishable offence. Getting birds and animals to fight in public for money
is also prohibited in this act.
It
empowers Police to enter and search any suspected gambling House with the
permission of Magistrate or District Superintendent of Police.
This
act does not apply to any game of mere skill. This act is applicable only when
money is involved.
It
has also provisions of destruction of gaming instruments. The court is also
empowered to pay an informer the portion of any fine under this act.
THE SPECIAL MARRIAGE ACT, 1954.
India
has a big series of Family Laws. About ten acts are dedicated to marriage
related matters. Almost every religion has its own Marriage Laws. Validity of
marriage in law is very essential because a person is lawfully for any rights
which area consequence of marriage only when its marriage is valid under law.
Children born in legal marriage can avail all lawful rights under different
laws as under Indian Evidence Act, a person will be taken as a father of a
child, if mother of child is married with that person according to some laws.
The
special marriage act is enacted to give legal status to marriages, which are
otherwise normally not possible in any other law. Although certain other
marriages can also be registered under this act.
Any
person who have no spouse leaving, not of unsound mind, the male who has
completed the age of 21 year and female who has completed he age of 18 year and
who does not comes under prohibited relationship given in this act, can marry
under this act.
It
provide provision for marriage officers to solmnize marriages. Any person wanted
to marriage has to notice to marriage officers. The marriage officer call for
any objection from public against this notice. The objections are to be filled
within 30 days of notice.
If
no objection is received for marriage officers can solmnize the marriage. He
will registered the marriage in marriage Certificate Book and that certificate
is signed by both party to marriage and three witnesses.
In
case of any objections, Marriage Officer will conduct an inquiry and if he
upholds the objections is 30 days, parties can go to District Court against the
order of marriage Officer.
Any
marriage which is not solemnized under this act can also be registered under
this act, if they fulfill certain conditions given in section 15 of this act.
This
act also deals with divorse etc under this act
THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT,
1987.
This
is one of the most stringent laws made in the History of independent India.
This act has ceased to its existence on 31st
May, 2000. This act contains stringent provisions for terrorist and disruptive
activities. Most of the offences defined in this act are punishable with Life
imprisonment. This act was first passed by Rajiv Gandhi regime. Opposition
parties and General People have severely criticized the many provisions of this
act, which is made in the name of action against terrorist. But are used for
other purposes undemocratic also.
Section
3 and 4 of this act tells with details of Terrorist and Disruptive activities.
It gives vast power to Govt. and investigating officers. It has also provisions
for protection to witnesses.
Only
Supreme Court has the authority to hear appeal against any order, judgment by
designated Court under this Act.
THE
TRASPLANTATION OF HUMAN ORGANS ACT 1994:
This
Act provides regulations for removal, storage and transplantation of Human
Organs for therapeutic purpose. It also bans commercial dealing in Human
Organs.
It
provides compulsorily registration under this Act, for Hospital engaged in
removal, storage or transplantation of Human Organs. It also prohibits removal or
transplantation of Human Organs for any purpose other than therapeutic
purposes.
Any
commercial dealing Human organs is punishable under this Act. This Act also
describes authorities for removal of Human Organs and such conditions when
Human Organs cannot be removed from the body of persons.
THE UNLAWFUL ACTIVITIES
(PRVENTION) ACT 1967:
This
act defines unlawful activities as “In relation to an individual or association
means any action taken by such individual or association (whether by committing
an act or by words either spoken or written or by signs or by visible
representation or otherwise: -
(1) Which
is intended, or supports any claim, to being about, on any ground whatsoever,
the cession of a part of the territory in India or the secession of a part of
territory of India incites any individual or group of individuals to being
about such cession or session.
(2) Which
disclaims, questions, disrupts or is intended to disrupt the sovereignity and
territorial integrity of India.
This
law makes these unlawful activities illegal and punishable with imprisonment.
This act also empowers Central Govt. to declare any association unlawful
engaged in these unlawful activities. It also empowers Central Govt. to
prohibit the use of funds of any association declared unlawful under this act.
Any
person who is member of unlawful association declared under this act can be
punished for two years imprisonment. Similarly dealing with funds of such
association is also punishable under this act.
Police
is empowered to arrest without warrant any person accused under this act.
THE YOUNG PERSONS (HARMFUL
PUBLICATION) ACT, 1976.
This Act defines the “Harmful Publication” as means any book
magazine, pamphlet, leaflet, newspaper or other like publication which consists
of stories told with the aid of pictures or without the aid of pictures or
wholly in pictures, being stories portraying wholly or mainly. –
(1) The
commissions of offences; or
(2) Acts
of violence or cruelty; or
(3) Incidents
of repulsive or horrible nature.
In
such way that the publication as a whole would tend to corrupt a young person
into whose hands it might fall, whether by inciting or encouraging him to
commit offences or accts of violence pr cruelty or in any manner whatsoever.
Sale
etc., of harmful publication are made offence by this act punishable with
imprisonment and fine. Government is also empowered to declare any publication
“Harmful publication” – seize it and destroy it.
Any
person accused of offence under this Act can be arrested without warrant by
police.