The legal system of the Republic of India is a mixed (hybrid) one. It combines Anglo-American and traditional-religious legal families. One of the main reasons for this distinctive feature is that India was a British colony and only gained independence in 1947. Ultimately, these and other circumstances (cultural, social, religious) have influenced modern Indian criminal law formation.
Today the sources of Indian criminal law are Acts of Parliament, State Legislatures, Ordinances of the President of the Republic of India, Acts of Local Authorities, and Acts of the Supreme Court. As for Indian online casinos, they are allowed only in some regions of the country.
The Constitution of 1950.
It gives competence in criminal law to the states and the Union (de facto the federal center) of India and resolves possible legal conflicts between state and Union laws. Thus, matters relating to criminal law are attributed to the joint competence of the Union and the states. For example, suppose there is a conflict between the regulations issued by the Parliament of India and the State Legislature on a matter within their joint competence. In that case, typically, the Union law overrides the State law (Article 254 of the Constitution of India).
The Indian Penal Code of 1860.
It has been 161 years since the Indian Penal Code came into force. Many legal establishments laid down so many years ago are still relevant today. However, it is fair to say that the code is often amended due to the transformation of society and the formation of new attitudes and values.
The Indian Penal Code applies throughout India (Article 1 of the Indian Penal Code). Previously, two union territories, Jammu and Kashmir, did not fall under the territorial jurisdiction of the Indian CC. The fact is explained: after the Indo-Pakistani war of 1947-1949, Kashmir became part of India with special sovereign rights. Now the situation in Jammu and Kashmir is precarious: separatism and terrorism have engulfed the Northwest region of India. It raised the rather logical question of the applicability of Indian criminal law in these union territories. It was not until 2019 that the Indian Penal Code was amended accordingly and now applies to India.
A feature of the Indian Penal Code is the high quality of legal technique. It contains situations and cases which clearly illustrate how and in what case an act can be recognized as a crime. Also, to avoid ambiguous interpretation of the norm of an article, the Indian legislator may, in the reports themselves (in addition to the general provisions of the criminal code, where entire articles are devoted to certain concepts), disclose the meaning of the crime or interpret individual words (explanation). In a sense, this is similar to the norms-definitions and the notes in the Criminal Code of the Russian Federation.
Indian Code of Criminal Procedure, 1973.
The Indian Code of Criminal Procedure regulates the procedural aspects of the implementation of the substantive rules of the Indian Penal Code, as well as the procedure for criminal proceedings and investigation of criminal cases. The Indian Code of Criminal Procedure has the same distinctive features of legal technique as the Indian CC. The appendix to the Indian Code of Criminal Procedure contains various forms of procedural documents. Undoubtedly, in many ways, this simplifies the work of law enforcement officers in the exercise of their powers and duties.
Indian Evidence Act.
This act regulates the admissibility requirements of evidence in Indian legal proceedings, divides them into several categories, and governs the procedure for presenting evidence in court. The English lawyer D.F. Stephen is considered the founding father of this law.
Indian (federal) laws.
Adopting laws primarily aims to regulate a particular area of social relations. The Indian legislator also follows this path. Among such special rules in the criminal sphere, we can highlight the following: The Police Act, 1861, and the Explosives Act, 1884. 1884, the Anti-Insurgency Act of 1991, and the Information Technology Act of 2008.
A distinctive feature of Indian criminal law is the application of criminal liability and penalties for relevant crimes under the provisions of the Indian Penal Code and special rules. In fact, what is not regulated by the Indian Penal Code is “at the mercy” of such acts. Section 31A of the Narcotic Drugs and Psychotropic Substances Act, for example, provides for the death penalty for recidivism of certain crimes.
State Laws of India.
State laws are enacted on issues affecting a particular state in India. For example, the Bombay Police Act of 1951 regulates the functions and powers of the Bombay Police and measures to preserve public order.
The judicial precedent of the Supreme Court of the Republic of India.
The judicial precedent of the Supreme Court of India is recognized as a source of criminal law. Therefore, legal provisions formulated by the Supreme Court in its acts are binding on all courts (Article 141 of the Constitution of India).
If you want to get acquainted with other topics, for example, sports, this article is worthy of your attention.
Tips for traveling to India
The peculiarities of life and work of foreign citizens in India, the specific conditions of this country constantly require strict observance of discipline, norms of good behavior, and hygiene.
To enter India, regardless of the purpose of the trip and its duration, you must have a valid passport (it is advisable to have copies with you to simplify the procedure for issuing a certificate of return in case of loss of a key) an Indian entry visa.
An Indian visa entitles you to enter India through any airport open to international air traffic: Delhi, Kolkata, Mumbai. When traveling abroad, you must have 6-8 photographs, similar to those presented when requesting entry visas. The cards may be required upon arrival in India when registering and processing documents for residence.
Upon arrival in India at the international airport, you must go through immigration control. All passengers, including children, arriving in India must fill out the unique entry cards issued on board the aircraft in English. Similar cards are filled in by each passenger when leaving the country. Passengers departing on an international flight will be charged an airport tax of Rs 500. The fee is not levied on diplomats accredited in the country, employees of the UN and its specialized agencies, and members of their families. Vaccination certificates are not required.
After receiving the baggage, you must go through customs control.
Prohibited import:
- drugs;
- weapons;
- gold bars;
- gold coins and national Indian currency.
It is forbidden to export:
- skins of wild animals and plumage of birds (rare species);
- reptile skin products;
- old coins, antiques over 100 years old.
For the export of gold in bullion and coins, permission from the Central Bank is required. The import of foreign currency is not limited (the declaration is required if the amount is more than 5,000 US dollars). When departing from the country, the customs authorities can check the availability of a certificate of exchange of imported currency into Indian rupees at official exchange points. The absence of such a certificate can cause severe problems because. Currency exchange on the black market is prohibited.