India India’s constitution lays down the legal system framework. Adopted in 1949, it is the longest written constitution in the world. About Naturally, there are a lot of misunderstanding of the legal system in India. Let’s clear up doubts about some of the key issues:
1. Bribe Giving is Not an Offence
There is a view that can only be corrupt to be condemned, and not to give bribes. However, Corruption Act, 1988 and Prevention, is a crime as they take it as a grave act of bribery, and is punishable with the same penalty as a giver receiver.
2. Section 233 IPC Allows Free Murder of Assaulter by Woman
A new law that allows more people are circulated by section 233 IPC kill a man, a woman reported she was assaulted sexually, and walk away freely Although Is. The whole concept is flawed, and this information is incorrect. This section deals with the rape law, which says the punishing 376 IPC assaulter. Crimes against women is dealt with under the second. 363-372, 302, 304B, 498A, 354, 509, 294 and 366B IPC. Do any of these indiscriminate deaths or injuries to the assaulter. Section 100 and 96 IPC, to self-defense during a physical attack regardless of the damage caused in the process, but women need to crime itself, evidence of witnesses account. Sec. 97 IPC enough evidence to laws or still keeps attacking a man permission to attack the assaulter to his defense with a woman, but.
3. As per Section 377 IPC, Homosexuals are Criminals
377 IPC the only crime of physical or sexual acts “against the order of nature.” Not necessarily lesbian / gay that does not apply to gay / bisexual / Shemale / Intersex / Lesbian community members. It is confined to coitus acts in a ‘non-traditional’ way, and they can also refer happy heterosexual couples. , Or cross-dressing, effeminate being, the hand is not caught or there is no legal reason to condemn those with alternative sexual orientation or third class for things like sit together, etc. in the park on Valentine’s Day
4. Dowry and Inheritance
Dowry often a woman at the time of her marriage and family heritage are confused. However, the two are quite different. Dowry is a bad practice that is down to generations percolated. This is a legacy of the bride made her start out with a goal to help start her life and assets to fall back on. However, this gift in the form of jewelery, furniture, household, motor vehicle, for which the groom and his parents, cash, etc. in the form of often intense pressure, has taken in many crimes. The second marriage is prohibited under the Dowry Prohibition Act. 498A IPC, but, in practice is still in vogue. Dowry and inheritance are not the same thing. Sec. 498A it will not disentitle a girl, or share, and to give dowry.
5. Withdrawal and Non-validity of Currency Notes
Panic and concerns have been imbibed in the minds of Indians about the withdrawal of currency notes and the non-validity of notes with scribbles on them. This is only partially correct, as RBI has declared that it will withdraw all notes issued before the year 2005, and has requested customers to exchange such notes at banks, and has notified that they will need to present identity and residential proof for exchange of more than 10 pieces of 500 and 1000 notes after July 1, 2014. However, RBI has clarified that it has not issued any instruction on the non-acceptance of scribbled notes.
6. Marital Rape and Section 376 IPC
Section 376 IPC deals with rape, but, it does not punish a man for forcing himself upon his wife against her free will. Although, after 2012, rape laws in India were revisited and broadened, the Parliament rejected the appeals of the Verma Committee to punish marital rape. The commonly mistaken idea has been developed in the minds of common Indians by television soaps and films that a woman has the right to file a legal complaint against a sexually abusive husband. However, there is no law against marital rape in India, which, ironically, is established on the archaic misconception that a woman is her husband’s property.
7. Police and its Accountability to Political Parties
The highest rank of Indian state police forces is Director General, who is answerable to the home secretary. Since the police force is accountable to law and not political parties, it is beyond the rights of the political party members to use the services of the police for their personal gain or even for the welfare of the party. Hence, police cannot act upon the instructions of political rulers, without proper investigation or evidence.
8. Arrest and Summoning to the Police Station
It is a criminal who is a police decision and take steps accordingly. He was arrested without a warrant, or can not force anyone to go to the station without a prescription. Below 15 for women and children to be questioned in their home, and there is a written order for women and women can not be arrested after sunset when the constable. Since the police can not use a person in custody, physically, the person may request a body check for injuries before his arrest.
9. FIR and Cognisable Crimes
People are often confused about when they can file an FIR. cognisable and non-cognisable: There are two types of crimes. While non-cognisable offenses can also be said that the police require immediate attention is cognisable criminal offenses of fraud, bigamy and, forgery, etc. Cognisable crimes, murder, rape, robbery, etc. FIR can be filed to report a cognisable offense. However, non-cognisable offenses to the police must be warned by police investigating magistrate in the diary will be to guide the initiates.
10. Person Arrested on Fridays Has to be in Custody till Monday
A detained person can not be detained for more than 24 hours. To arrest a person on Friday and came right when the excuse of keeping a non Magistrate’s lack of legal practice, keeping him in custody until Monday when a magistrate on duty is always there, and the man can be presented to the magistrate’s court even after hours at home.
As the coming of age of the country, the legal system, too, the many changes and modifications, in keeping with the country faced with the fast-paced world standards. The complete research before spreading false information, illegal practices and changes is important. Misleading, and in many cases can be particularly dangerous.
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