LAW IN INDIA

Law is essential for society to function. The chaotic human nature has proven that laws are guidelines for humanity’s road to harmony. According to Hugo Grotius, perception of law he argued that law arises from the social impulse of humanity. Law is a tool that maintains the balance between those who are victims are those who harm the victims. Law is dynamic and ever-changing. It changes along with the consequential change in human nature. Law has always reflected human nature. The crucial part of the law is that every man regardless of his wealth, gender, community, and color is equal in the eyes of law. Thus the law is an important fragment of human existence.

Law is classified into civil law and criminal law. Criminal law is laws or rules created for the protection of the public against potentially serious crimes. The laws are against acts that are morally, ethically wrong, and threatening to the public welfare of the community thus halting the progress of the society to a harmonious society. Criminal offenses are considered offenses against the public. Criminal cases are punished by ordering fines, imprisonments, or rehabilitation of the guilty or even death sentences. Criminal cases are always filed by the government as it is a crime against the public as a whole. Criminal law in India is governed by the Indian penal code, The Code of Criminal Procedure, and the Evidence Act. The criminal acts are categorized according to the nature of the act as felonies or misdemeanors. Felonies are serious crimes; they are classified into different classes and given different punishments according to the severity of the crime. Felonies are punishable by imprisonment or death. Misdemeanors are violations of law or lesser offenses such as parking violations and are punished for a sentence lesser than a year.

Civil law on the other hand is offenses against individual persons. The party at fault or the guilty person has to pay compensation or obey the laws for a remedy as said by the law. Civil law is practiced to uphold the individual’s private right and find suitable remedies for the violated rights. Civil law aims to solve disputes or disagreements between individuals, families, or companies by providing compensation to the party that is harmed. Civil law is classified into Contract, Tort, and Family Law. Contract law is rules are applied when two or more parties agree to enter into an agreement or contract; all parties in the agreement are required to respect the terms of the agreement. Any parties found to have broken the terms of the contract then they have committed a civil wrong and broken the contract. Contact law in India is based on the English common law of England. Tort Law is applied when there is personal injury or negligence such as trespass. The laws of torts in India in ancient times were the Muslim Sharia laws and the Hindu laws which had a very restricted expansion of the idea of torts. When the British established courts in India which were run as per the English laws, Torts were introduced to the Indian judicial system. Family law is concerned with divorce, inheritance, adoption, marriage annulment, birth certificate, and child custody matters. Since India has a diverse population where different religions are followed, India’s family laws are based on different religions. The Hindus follow the Hindu Marriage act of 1955, the Muslims follow the
Muslim Personal Law Application Act 1936, Christians follow the Indian Christian marriage act of 1936 and the Special Marriage Act 1954 applies to all persons regardless of their religion, the caste of community.

Law is always been dynamic and the crux of the law is that it offers justice to people regardless of his wealth, gender, community, and color is equal in the eyes of law. Law in India is a fairly complex conception of rules. India has grown its roots into the judicial system the British left behind. India did although have the existence of various law systems before which was very restricted. With the introduction of English law systems and the introduction of torts in the Indian judicial system gave the people more chances for aggrieved parties to come to court.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: