September 24, 2021

Types of Law in the Indian Legal System – in short

Introduction

Every citizen in the country has been given several rights as per the constitution of India and since these rights are provided, there will be violation of these rights as well. Our legislature introduced various laws to protect and enforce such rights, in order to civilize the society and maintain peace and harmony among the individuals. Law is mainly a set of rules that are created and enforced by a particular country or community through social or governmental institutions to regulate the actions of its members. 

India has a federal judicial system which is mainly based on mixed law i.e. based on parliamentary legislature, court laws, customary & religious laws as well. The Indian Judicial System is developed by judges through their decisions, orders, and judgments. 

Types of law 

1. Criminal law 

Offenses which are committed against any individual but are seen as being against everybody, even though it does not, come under the Criminal law. Cases like murder, rape, assault, robbery are dealt under Criminal Law.Criminal law is enforced by the police.

For example, if the house is burgled then the theft is towards the individual, however, it threatens all the owners of the house as a result of they may have burgled their homes. As a result of the view that everyone is threatened by crime, this law is handled by the public services and not by private investigators.

2. Civil law

The Civil law is a law that looks at actions that are not crimes. It is a section of law dealing with disputes between individuals and organizations. It covers different areas such as defamation, custody of children, right to education, divorce, trade union membership, property disputes, ownership issues, CopyRight, insurance claims etc. 

3. Common law

The Common Law (case law or Judicial precedent or judge-made law) is a section of law which is derived from the judicial decision of courts and similar tribunals. As the name suggests it is common to all. The instance set by increased courts is binding on instances tried to decrease courts. Lower courts may choose to overturn the precedent, however, this does not often happen. An instance of a typical legislation marriage is when two individuals have lived collectively for 10 or extra years. They’ve thereby and authorized rights to share their property due to it.

4. Statutory law 

Statute or Statutory Law is a law established by an act of the legislature that is signed by the executive or legislative body. For state law, the acts are passed by the state legislature and signed by the state governor. In rare circumstances, the executive (President or governor) may refuse to sign the bill or reject it, which is called a “veto.”

A bill is proposed in the legislature and voted upon. For example, you are given a citation for violating the speed limit you have broken a vehicle and traffic law. 

Aishwarya Says:

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