Archive

Archive for the ‘Law’ Category

266/365 – Indian Penal Code

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

It was drafted in 1860 and came into force in colonial India during the British Raj in 1862. It has since been amended several times and is now supplemented by other criminal provisions.

After independence, Indian Penal Code was inherited by Pakistan (now called Pakistan Penal Code) and Bangladesh, formerly part of British India.

It was also adopted wholesale by the British colonial authorities in Burma, Sri Lanka, Malaysia, Singapore and Brunei, and remains the basis of the criminal codes in those countries.

History

During the Moghul rule courts administered the “Mohammaden” criminal law to the exclusion of Hindu law. Islamic law gave way to English criminal law with the increase of British influence in the Indian subcontinent.

Before 1860, The English criminal law, as modified by several acts was administered in the Presidency-Towns of Bombay, Calcutta and Madras.

The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay. Its basis is the law of England freed from superfluities, technicalities and local peculiarities.

Elements were also derived from the Napoleonic Code and from Edward Livingston’s Louisiana Civil Code of 1825. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised.

The drafting was completed in 1850 and it was presented to the Legislative Council in 1856 but it did not take its place on the Indian statute book until a generation later, following the Indian Rebellion of 1857.

The draft then underwent a very careful revision at the hands of Sir Barnes Peacock, Chief Justice, and the puisne Judges of the Calcutta Supreme Court who were members of the Legislative Council, and was passed into law on 6 October 1860.

The Code came into operation on 1st January, 1862. Unfortunately, Macaulay did not survive to see his masterpiece come into force, having died near the end of 1859.

Objective  

The objective of this Act is to provide a general penal code for India. Though not an initial objective, the Act does not repeal the penal laws which were in force at the time of coming into force in India.

This was so because the Code does not contain all the offences and it was possible that same offences might have still been left out of the Code, which were not intended to be exempted from penal consequences.

Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law, many more penal statutes governing various offences have been created in addition to the code.

Source: http://en.wikipedia.org/wiki/Indian_Penal_Code

Categories: General Knowledge, Law

76/365 – Consumer Rights

November 14, 2011 Leave a comment

Even though strong and clear laws exist in India to protect consumer rights, the actual plight of Indian consumers could be declared as completely dismal. Very few consumers are aware of their rights or understand their basic consumer rights. Of the several laws that have been enacted to protect the rights of consumers in India, the most significant is the Consumer Protection Act, 1986. Under this law, everyone, including individuals, a Hindu undivided family, a firm, and a company, can exercise their consumer rights for the goods and services purchased by them. It is important that, as consumers, we know at least our basic rights and about the courts and procedures that deal with the infringement of our rights.

In general, the rights of consumers in India can be listed as under:

* The right to be protected from all types of hazardous goods and services
* The right to be fully informed about the performance and quality of all goods and services
* The right to free choice of goods and services
* The right to be heard in all decision-making processes related to consumer interests
* The right to seek redressal, whenever consumer rights have been infringed
* The right to complete consumer education

The Consumer Protection Act, 1986 and various other laws like the Standards, Weights & Measures Act have been formulated to ensure fair competition in the market place and free flow of true information from the providers of goods and services to those who consume them. However, the success of these laws would depend upon the vigilance of consumers about their rights, as well as their responsibilities. In fact, the level of consumer protection in a country is considered as the correct indicator of the extent of progress of the nation.

In India, the government has realized the plight of Indian consumers and the Ministry of Consumer Affairs, Food and Public Distribution has established the Department of Consumer Affairs as the nodal organization for the protection of consumer rights, redressal of all consumer grievances and promotion of standards governing goods and services offered in India.

A complaint for infringement of consumer rights could be made under the following circumstances in the nearest designated consumer court:

* The goods or services bought by a person or agreed to be bought by a person suffer from one or more deficiencies or defects in any respect
* A trader or a service provider resorting to restrictive or unfair trade practices
* A trader or a service provider charging a price in excess of the price displayed on the goods or the price that had been agreed upon between the parties or the price that had been stipulated under any law in force
* Goods or services that pose a hazard to the safety and life of a person offered for sale, knowingly or unknowingly, causing injury to health, safety or life.

Source: http://www.merinews.com/article/consumer-rights-in-india/15786813.shtml

Categories: General Knowledge, Law

35/365 – Fundamental Rights

October 4, 2011 Leave a comment

Fundamental Rights is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus.

The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, color or Gender. They are enforceable by the courts, subject to certain restrictions. The seven fundamental rights recognised by the constitution are:

1. Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment

2. Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality)

3. Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings;

4. Right to freedom of conscience and free profession, practice, and propagation of religion;

5. Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and

6. Right to constitutional remedies for enforcement of Fundamental Rights.

7. Right to education

Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth.

 Source:

www.facts-about-india.com/fundamental-rights-in-India.php
http://india.gov.in/knowindia/fundamental_rights.php

Categories: General Knowledge, Law

6/365 – RTI – Right To Information

September 5, 2011 2 comments

RTI Act
“An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.”

What is Right to Information?
Every citizen has a right to know how the Government is functioning. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Some laws on Right to Information also empower citizens to official inspect any Government work or to take sample of material used in any work.

Who can ask for information under Right to Information?
Any citizen can ask for information under these laws.The Act extends to the whole of India except the State of Jammu and Kashmir. OCI’s (Overseas Citizens of India) and PIO’s (Persons of Indian Origin) card holders can also ask for information under the RTI Act.

How to write an RTI Application?
Name, address, contact telephone number and Email id
Information about Public Information officer, name, address e.t.c.

How to deposit Application Fee?
In person by paying cash
Demand Draft/Bankers Cheque
Indian Postal Order

Application Guidelines:
While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. The matter can be hand written, or typed. Make sure the application is legible and easy to read.

Time limits specified in the RTI Act:
Various time limit has been prescribed under which the information can be obtained under Right to Information Act. These time limits are prescribed by the Act itself, and failing which an RTI Applicant can approach appropriate authorities for relief.
For matters involving “Life and Liberty”, – 48 Hours.
For PIO to reply to application – 30 days from date of receipt of application
For PIO to transfer to another PA – 5 days from date of receipt of application

Applying RTI to get the information on Income Tax Refund Status:

Information Required:
1. CPIO- Chief Public Information officer (Assessing Officer will be the CPIO)
2. If you have the proof of acknowledgement of tax filed then attach the copy with the application.

Filing RTI:
1. Mention the Personal information and the Questions clearly in the application.
2. Take a printout of the application and sign the application and keep a copy.
3. Go to GPO (General post office). There will be separate counter where you should pay Rs.10 (RTI Fees) and get the receipt.
4. Submit the application there. You will be given an acknowledgement by the person accepting the application.
5. Wait for maximum of 35 days. 99% you will get the response.

For details of CPIO call Aayakar Sampark Kendra at 0124-2438000 (http://www.incometaxindia.gov.in/ccit/RTIPage.asp)

For More information on filing RTI, Contact – Ravikumar – srk.reg@gmail.com

Reference: rti.gov.in/

Categories: General Knowledge, Law