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Tort law in India is primarily governed by judicial precedent as in other common law jurisdictions, supplemented by statutes governing damages, civil procedure, and codifying common law torts. As in other common law jurisdictions, a tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of ...
The offence of contempt of courts was established in common law, and can also be traced to colonial legislation, with the earliest recorded penalties contained in the Regulating Act of 1773, which stated that the newly formed Mayor's Court of Calcutta would have the same powers as a court of the English King's Bench to punish persons for contempt. [2]
Similarly, specific reference to section 302 ("tazīrāt-e-Hind dafā tīn-sau-do ke tehet sazā-e-maut", "punishment of death under section 302 of the Indian Penal Code"), which covers the death penalty, have become part of common knowledge in the region due to repeated mentions of it in Bollywood movies and regional pulp literature.
India's Supreme Court has said that authorities cannot demolish homes merely because a person has been accused of a crime and has laid down strict guidelines for any such action. The ruling comes ...
In ancient India, one's caste would affect the punishment she or he would receive but in 21st-century India, caste does not play a role. Modern law in India dictates only laws that have been conceived and are written down may be enforced whereas in ancient Indian law, a person could be prosecuted for a crime that has not been written down if a ...
The Criminal Procedure Code is applicable in the whole of India. The Parliament's power to legislate in respect of Jammu & Kashmir was curtailed by Article 370 of the Constitution of India. Though, as of 2019, the Parliament has revoked Article 370 from Jammu and Kashmir, thus rendering the CrPC applicable to the whole of India.
Capital punishment in India is the highest legal penalty for crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws.. Executions are carried out by hanging as the primary method of execution per Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of ca
Indian prison literature is the prison literature mainly written by Indians who were incarcerated in the Indian subcontinent.It provides a unique entry-point into the nature of punishments, and crime, and holds a mirror to the conditions of prisoners, reflecting on the intricacies of the functioning of jails and prison houses, features of law and legal systems in a particular time and place.