The constitution of India confers various rights to every person. Along with the benefits of such rights comes the threat of it getting infringed. As the maxim says, “
As defined by Austin – “Law is the command of the sovereign.” Each Law is a binding and authoritative rule or value or decision. Every violation of it is punished by the state. The Indian constitution is the written constitution and is the longest. It contains 450 articles, 12 schedules and 101 amendments. This is way the Indian Law system a known to be very extensive one. There were about 1248 laws as of the latest survey in 2017.
The laws in India are fairly complex because, it maintains a hybrid legal system with a mixture of civil, common law and customary or religious law within the legal framework inherited from the colonial era and various legislation, formerly introduced by the British are still in effect, in modified forms today. There is a separate law to govern the Hindus, Muslims, Christians and followers of other religions. Thus, it can be concluded that the sources of Indian Law can be traced back to customs, Religious thoughts and morality, legislation or delegated legislation, judicial decisions, scientific commentaries and also equity.
Types of law in India
As discussed earlier, there are various types of law in India. To simplify its understanding, we will classify them into four major and important categories, i.e. the Common law, Criminal law, Civil law, and statutory law. Let us first take a look at these four laws:
1. Common Law
The common law can be traced back to have its origin in England. It came to India along with the infiltration of the British East India Company. The universal consent and practice of the people from time immemorial formed the basis of Common Law. Common law is also known as judicial precedent or case law. It conveys from the name only that, this source of laws
While in statutory law, laws are made by keeping in mind the future cases, which may arise. The statutes governing civil and criminal justice like, the Indian Penal Code, 1860, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Code of Civil Procedure, 1908 and principles of law, compiled in these codes, we have today were primarily derived, from the Common Law principles. One thing can be said about these legislations is that they have stood the test of time with minimum amendments. Codification of laws made the law uniform throughout the country and cherished a kind of legal unity in fundamental laws. The Codes apply uniformly throughout the nation.
2. Criminal Law
The Indian Criminal law is basically dealt by, the Indian Penal Code, 1860; Code of Criminal Procedure, 1973; and the Indian Evidence Act, 1872. Based on British criminal law, the Indian Penal code, defines basic crimes and punishments and is applicable to resident foreigners and citizens alike, and recognizes offences committed by Indian nationals
The police of the state
3. Civil Law
It can be simply defined as the law which deals with actions which are not crimes. All the civil matters are heard by the civil courts. The Civil Procedure Code (C.P.C) regulates the functioning of the civil courts. This code lays down the procedure of filing of civil cases, which includes specific rules for proceedings of a case, rights of appeals, review or reference etc. With each religion having its own specific laws to follow, Indian civil law becomes complex. Indian laws are changing according to the modern world after independence, example: the most recently the domestic violence act was passed in the year 2005. Civil law can be further sub divided into Torts, Contract law, Family law and Property law.
A) Law of Tort
The law of tort was planted in the Indian Constitution back in
Negligence is a tort which is done unintentionally. On the other hand intentional tort a deliberate wrong act in which, the defendant acted with intent to cause harm or injury. Few illustrations of intentional torts
B) Contract Law
The Indian Contract Act, 1872 deals with all kinds of contract. It contains all provisions with regards to the validity of a contract to its discharge and also includes the penalties for breach of the contract. It is a law that deals with agreements between two or more parties. If one party violates any of the terms and conditions of the contract, they have committed a civil wrong known as “breach of contract.” Generally speaking, contracts may be oral or written. However, there are certain types of contracts that must be reduced to writing.
C) Family Law/ Personal law
Another branch of civil law is
D) Property Law
Both personal and real properties are included in this law. Property can be tangible or intangible. Tangible property includes
Tort related to property can be of two kinds; trespass and conversion. Trespass to land is said to happen when a defendant enters
4. Statutory Law
It is also known as
The legislative enactments or the statutory laws follow the usual process of legislation. It goes as follows: A bill is proposed in the legislature and voted upon. If approved, it passes to the executive authority (either a governor at the state level or the president at the federal level). If the executive signs the bill, it becomes a statute. If the executive fails or refuses to sign the bill, veto power can be used and sent back to the legislature. If the parliament again passes the bill by a required margin it becomes a law. Statutes are also recorded, or codified, in writing and published. Statutory law generally becomes effective on a said date