Questions tagged [india]
For questions specific to Indian law.
390 questions
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Is there any reasonable restriction on use of wildlife protection act of 1972 for aquatic species?
I know that Wildlife Protection Act 1972 bans hunting of marine turtles in India - but if a fishing company catches turtles not by intention but by mistake, does any clause of Wildlife protection Act ...
1
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1
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178
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What laws does it violate (India) when Christian missionaries or Catholic schools give allurement or benefits to those who convert in prostelyziation?
There are many Catholic /Missionary schools affiliated to state/central board in India that offer increased salary hikes, health benefits or pension increase if one convert to Christian faith. There ...
2
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2
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106
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Is criticism/questioning of objective morality of religions legally allowed in Indian law keeping in mind 295A of IPC?
Whoever, with deliberate and malicious intention of outraging the
religious feelings of any class of citizens of India, by words, either
spoken or written, or by signs or by visible representations or
...
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128
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Is there any legal agreement between Myanmar & India to send an individual back for indulgence in crimes?
In Rohingya crisis , happening in India where large groups of Rohingyas are leaving Myanmar and trying to hide and get some kind of shelter in India due to their indulgence in insurgent activities .
...
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265
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How do foreign publishers like Cambridge, Oxford, Macmillan get their books published in which political map of Kashmir is shown in Pak?
In India, it is a crime to depict Kashmir boundaries in Pakistan and China. Even Aljazeera was banned for few days for showing a wrong India Political map.
Whoever acquired any geospatial information ...
7
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1
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2k
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What is the legal test in India for distinguishing dowries from expensive voluntary wedding gifts?
How does the Indian legal system differentiate/interpret if a gift at marriage is a dowry (contrary to the Dowry Prohibition Act 1961, as amended) or a voluntary gift?
Are there any limits on the ...
3
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1
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263
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In India, can speech that expresses a religious belief be prohibited by hate speech laws?
In India, can speech that expresses a religious belief be prohibited by hate speech laws?
Assume the speech is happening in a public space, or the space of a religious organization, rather than in a ...
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62
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Are there any regulations on ruling legislative government of India to not curb political freedom under National security rules?
Are there any regulations In India that ruling legislative government cannot curb political freedom under National security rules . I am asking for non emergency period .
Can courts decide and ...
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122
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Which laws (if any) consider offence to do acts of self harm or suicide in public protest In Indian penal code?
I want to know which sections of Indian penal code or Indian law (if any) criminalize suicide or self immolation or self harm as part of protest. For example, during anti-Mandal-commission protests ...
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3
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511
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If a private school is forcing a child to get a specific hairstyle, can it be considered as child rights violation in india?
I am in a private school where I am being forced to cut my hair although girls can keep them long. I don't feel good in short or medium hair and feel under confident .
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Indian Evidence Act and Court-martials
Indian Evidence Act, 1872
Short title, extent and commencement
This Act may be called the Indian Evidence Act, 1872.
2 It extends to the whole of India 3 [Except the State of Jammu and
Kashmir] and ...
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103
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Is it legal for a person with a motorcycle learner's license in India to drive a 2 wheeler alone?
Is it legal for a person with a motorcycle learner's license in India to drive a 2 wheeler alone?
I'm curious about the motorcycle without gear and motorcycle with gear learner's licenses.
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148
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Compensation for a data breach by a company under a non-notified law DPDP act 2023
This is to understand the applicable law on a certain day in India and specifically about laws that are published by gazette notification but are awaiting a followup rule publication.
Representative ...
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2k
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If you're disqualified from being a director of a company in India (DIN disqualified) can you remain director of a company in England?
Someone I know has been DIN disqualified in India, but has continued to hold a directorship in the UK, and even conducted business in India for the UK company whilst disqualified.
EDIT: I asked a ...
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222
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In deciding constitutionality of a law, can a court look beyond the text of the law, e.g. to ground realities?
I am not a lawyer. Hopefully my question makes sense.
The question arises out of a specific case, but I want to broaden it to any jurisdiction where you have expertise (America, Europe and anywhere) ...
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Is the forced detention of adult students by private universities legal?
It appears that there are certain private colleges in India which have rather stringent residential rules in their college campuses/dormitories. Specifically, the students are not allowed to ...
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Sale of Pyrotechnics/Pyrotechnic equipment in India. Legal aspect of this
Question is related to law in India, but anyone with any information about it, please comment or answer.
Link: https://trajectory-aerospace.squarespace.com/
I recently came across a website that is ...
3
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123
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Does legislation in India allow electronic communication devices to be in stand-by when driving?
Jurisdiction: Union of India
Legislation/s: Central Motor Vehicles Act, Motor Vehicles Rules
Quote
Section 184 of the Motor Vehicles Act: States that whoever drives a
motor vehicle in any public ...
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430
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Can the college restrict a student from entering washroom?
I study in an Indian college which is kind of liberal (you can skip classes, roam freely in the campus, exit and enter campus anytime, talk with people of opposite sex, etc.).
So there are different ...
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71
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High Court order vs Notification
In India, in the context of a subject in the concurrent list, if an older High Court order is repugnant to a relatively newer Notification issued by a Ministry in the Government of India, what legally ...
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172
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What is considered 'Property' in the constitutional Right to Property in India?
When talking about the Constitutional Right to Property(Art. 300A), what counts as 'Property'?
I have been reading about how Right to Property was removed as a Fundamental Right(Art. 19(f) & 31) ...
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149
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Intestate Death and Rent Decision
There is a property that was partly being used for residential purpose (first floor) and partly for renting to business entities (ground floor).
The sole owner of the property (property is self-earned)...
2
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1
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226
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Is it legal to request caste details in an Android application in India?
I am developing an Android application for conducting polls and analytics. The registration form for this application asks for caste information. Is it illegal to request caste details in the ...
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Is it legal for india to ban major platforms and websites under Geospatial Information Regulation Bill 2016
“No person shall depict, disseminate, publish or distribute any wrong or false topographic information of India including international boundaries through internet platforms or online services or in ...
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142
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Voting in India
In my region (country India) election will happen in few days. Today few members from X party came to our house and asked for voter id of all family member. My dumb parents handed them all the voter ...
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71
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Candidates filing multiple nominations for the same constituency in Indian elections
As per the section 33(6) of The Representation of The People Act, 1951
Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper:
Provided that not ...
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64
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Why President's power to grant pardon to punishment or sentence are dealt separately in drafted language of article 72 of Constitution of India?
Constitution of India
Article 72 : [Title: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases]
Sub Article (1) : The President shall have the power ...
4
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2
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394
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If a Dutch/Indian couple register their baby's birth with India, does it cease to be Dutch due to "voluntarily adopting" another citizenship?
Section 4 of The Citizenship Act, 1955 (as amended by subsequent law) states that a child born outside India to an Indian parent has Indian "citizenship by descent" (which can coexist with ...
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2
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3k
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After reading a fact from a copyrighted textbook, does asking about that fact on a public forum infringe copyright?
When someone reads a line or a paragraph in a copyrighted textbook that explains a fact T, then wonders why T occurs, is asking a question (on Stack Exchange or another public forum) such as: "...
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2
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317
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Would destroying rupees be an international offense?
In the Bill No. 174 of 2023 - "THE BHARATIYA NAGARIK SURAKSHA (SECOND) SANHITA, 2023", it is stated that:
"Mischief causing loss or damage to any property or fine, or both, including ...
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139
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Can a PO box address be used as the registered address for a sole proprietorship in India?
Can a PO box be used as the registered address for a sole proprietorship? My business operates from home and it's totally online, and I prefer not to disclose my personal residence, while if my ...
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1
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252
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Can the subsidiary be a party to the contract signed by its parent here?
A contract is worded to state that it has been executed between Customer A and my Client B. The expression Customer A is further clarified: "which expression shall unless repugnant to the context ...
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139
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What are the legal implications in the Dominion of India & the Dominion of Pakistan fighting each other while both commanders in chief were George VI?
The King of India and the King of Pakistan in 1948 was a title held by George VI, who had been Emperor of India. Both countries made him the head of state and commander in chief. But they also fought ...
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318
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Is sodomy or fellatio illegal in India?
This article suggests that any penetration by a male other than vaginal is proscribed as against the order of nature.
Is that right in 2023?
This suggests no.
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72
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Power of the Indian state to curtail access to "public" areas
I am not an expert on legal matters but wanted to ask the following question nevertheless: to what extent can the Indian state curtail access for the public to its assets, specifically public ...
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2
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198
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What describes a consent when people take loan?
As a banker, I ask people to put their signatures on the loan agreement form, the demand promissory note, etc. For illiterate people, I ask them to put their thumb impression countersigned by a ...
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Why are "sex" and "place of birth" omitted in some of the clauses of the Indian constitution?
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against
any citizen on grounds only of religion, race, caste, sex, ...
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0
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Indian law regarding space ventures
Are private players allowed to venture into space? What laws govern private space flight in India?
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0
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170
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India property and family law: intestate succession among siblings dead and/or alive
How is the property shared among siblings?
(Class 2 legal heirs are me and my deceased elder brother, who is survived by his wife and their 3 grownup kids, who are themselves married and have their ...
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2
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3k
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Can the people who let their animals roam on the road be punished?
The problem of stray animals roaming on the road in India is difficult to solve mainly due to religious and political reasons.
However, not all animals are claimed but animals such as goats are left ...
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897
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What is the legal age of retirement in IT companies in India
I am aware that retirement age for government employees in India is 58.
But what is the legal retirement age in IT/Software companies in India?
If someone wants to work till 70 ( assume he is fit &...
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90
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Would keeping someone at home under fear of violence be abduction under Indian Penal Code section 364A?
IPC 364A states
Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives ...
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169
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Would gagging fall within the scope of Indian Penal Code (IPC) section 375?
List item
IPC section 375 states
A man is said to commit "rape" if he--
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so ...
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60
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is it possible to override a provision regarding whether state or national law applies to a crime?
if a law has the following provisions
Where an act or omission constitutes an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained ...
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170
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Would manga fall within POCSO, section 15?
Section 15 Protection of Children from Sexual Offences Act, 2012 includes this:
Any person, who stores or possesses pornographic material in any form involving a child for commercial purpose shall be ...
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3k
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Is it possible for India to extradite its own citizens?
The Extradition Act deals with extradition in India.
But in its Sections it doesn't have any such provisions or details. and can State High court of India enquire into such extraditions?
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165
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I need help finding case law regarding CrPC 432 and 433?
I'm thinking of writing a hobbyist thesis on the parole and probation and mandatory minimum laws in Asia.
And I've been looking for case law regarding the Code of Criminal Procedure, 1973 (CrPc) ...
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32
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Can the supreme court set regulations for how lower courts act in an area where they are at discretion to make decisions ? (India)
For example if there is an area in which the courts can act in their own discretion like chosing how much compensation can be awarded to a party in a civil lawsuit within the limits of the maximum ...
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120
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Are there laws in India against child violence outside schools?
For example there are many beggar children who are physically hurt by people like shop owners and the like to leave the premises etc. Is this punishable by any law?
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what are the provisions related to IT act 2000 confiscation?
The IT Act (2000) §76 states that any person liable for an offence under the IT Act (2000) shall suffer confiscation of the IT device on which the confiscation has been made. Are there any provisions ...