When the British colonized India, the Britishers exercised power over all possible provisions. Some of which were redrafted or regulated at the dawn of the Indian Independence. The supreme law of India, the Indian Constitution is the longest constitution in the world. The constitution was adopted on 26 November 1949 and was made effective on 26 November 1950 by the constituent assembly of India.
With the Indian constitution becoming effective multiple divisions and departments were formed and compartmentalized for the smooth functioning of the law. The three departments of law are the department of legislative activities, the department of legal affairs, and the department of justice. The criminal law which comes under the department of justice is further divided into three categories of Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence act.
FIR & Bail:First Information Report (FIR) is the legal document prepared for criminal proceedings. The FIR comes under the code of Criminal procedure. The FIR falls under the Code of Criminal Procedure which records the statement of the story from the victim’s side and this FIR is used to carry forth the investigations. Under the code of criminal procedure is the concept of Bail. When a person is accused of any criminal charges until the case goes to trial the accused person is released for the time awaiting the trial. The trial is the formal meeting in the court where the plaintiff and the defendant present their evidence and proofs. Bail initially originated in England, later India also adopted the conceptualization of bailing.
AdulteryThe law addresses people who practice infidelity as a crime. The law under section 497 IPC, states that a person who is involved in sexual intercourse with the wife of another man is guilty and will be punished with imprisonment of five years or fine, or both. Though the crime does not come under criminal charges it is titled a civil issue. The Nanavati case was the civil case that made Ram Jethmalani famous for his works and deeds. Ram Jethmalani was not representing any of the sides he was hired by Pooja Ahuja, the sister of Prem Ahuja who was killed by KM Nanavati. This case helped Ram Jethmalani to shine in the limelight and he was named the best lawyer ever since.
Dowry & ExtortionEver since the evolution of the world, women were always treated as bait. They labeled women, defamed women, underestimated women and they printed price tags for women. One of the price tags which is in practice for years is dowry. At the time of a marriage occasion, the groom’s family demands money or property from the bride’s family sometimes vice versa. According to Indian Law, any property or valuable security given or agreed either directly or indirectly is termed as Dowry. The punishment includes either imprisonment for a year or two or a fine of up to five thousand rupees. The question, then why still the practice of dowry prevails is left unanswered.
The act of gaining property or money through any kind of threat is termed extortion. Under IPC 383, the person practicing extortion will be punished with 3 years of jail or fine, or both. It is also a non-bailable crime. Theft & forgery is also a compartment of extortion since the cost paid for the victim is either money or property.