Indian Acts & Laws Notes with PDF

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Protection of Civil Rights Act, 1955

Jurisdiction & Applicability

Originally extended to the whole of India except the State of Jammu and Kashmir.
- Note: This is historical, as Jammu and Kashmir’s special status was revoked in 2019.

Nature of Offences

All offences are cognizable (arrest without a warrant).
All offences are non-bailable.
All offences are triable summarily (speedy and simplified trial).
Punishment includes both imprisonment and fine.

Legal Procedures & Presumptions

Offences are tried by a Judicial Magistrate of the First Class.
Under Section 12, the court shall presume an offence was committed on the ground of “untouchability” if it relates to members of both Scheduled Castes and Scheduled Tribes.
Refusing admission to a hospital, dispensary, or educational institution on the ground of untouchability is punishable under Section 6.

Offences by Companies

Provisions are under Section 14.
Responsibility can fall on the Director, Manager, Secretary, or any other officer (all persons responsible for the company’s conduct).

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Basic Framework & Doctrine

Enactment: 1989.
Legal Basis: Based on the Doctrine of Protective discrimination.
Rule-Making Power: Both the Central Government and State Governments have the power to make rules.

Key Provisions & Punishments

Anticipatory Bail: Explicitly prohibited under Section 18.
Minimum Punishment: For offences by a public servant under Section 3, the minimum punishment is six months.
Defense Pleas: An accused cannot take the plea that they caused only slight harm or belong to the same caste as the victim.
Application of IPC: Section 10 provides for the application of certain IPC provisions.
Presumption by Court: The court can presume abetment, common intention, and common object.

Investigation & Trial

Investigation Officer: Must be a police officer not below the rank of Deputy Superintendent.
Special Courts:
- A Court of Session is specified as a Special Court for a speedy trial.
- Specified by the State Government with the concurrence of the Chief Justice of the High Court.
Appeals: Lie to the High Court both on facts and law.

Powers & Responsibilities

Imposition of Collective Fine: The State Government is empowered for this.
Powers of a Special Court: Authorised to:
- Forfeit the property of a convict.
- Take measurements and photographs of a suspect.
Powers a Special Court Does NOT Have: It cannot:
- Remove a person from an area.
- Authorise a person for an investigation other than the police.

Related Rules (SC/ST Rules, 1995)

The ‘District Level Vigilance and Monitoring Committee’ is constituted under Section 17 of the SC/ST Rules, 1995.

Right to Information (RTI) Act, 2005

Nature and Status

Considered a legal right, not a fundamental, constitutional, political, or social right.

Preamble and Objectives

The Preamble mentions:
- Transparency of information
- Informed citizenry
- Paramountcy of the democratic ideal
Core Objective: To secure access to information from public authorities.

Key Provisions and Details

Passed in 2005.
Received the President’s assent on 15th June, 2005.
An applicant is not required to give reasons for seeking information.
Every Information Commissioner holds office for a term of 5 years or until the age of 65, whichever is earlier.
A significant related case is Namit Sharma v/s Union of India.
Was not originally applicable in Jammu and Kashmir (Note: Changed after 2019).

Implementation and Impact

Has increased the sense of responsibility in the bureaucracy.
Acknowledged that it still has miles to go to create its desired impact.
The Allahabad High Court once ruled an applicant should state a reason, though the Act itself does not require it.

Other Important Indian Acts & Laws

Prevention of Food Adulteration Act

First enacted in 1954.

Protection of Women from Domestic Violence Act

Came into force on 26th October, 2006.

Prohibition of Benami Property Transactions Act (PBPT Act), 1988

Benami properties are held in someone else’s name to avoid legal consequences and are liable for confiscation by the Government.
A transaction is not treated as benami if the owner is not aware of it.

Parliament (Prevention of Disqualification) Act, 1959

Exempts several posts from disqualification on grounds of holding an ‘Office of Profit’.
The term ‘Office of Profit’ is not well-defined in the Constitution.
The Act has been amended five times.

Consumer Protection

In case of a consumer’s death, his/her legal heir can file a complaint.
Consumers are empowered to take samples for food testing.
Note: A complaint filed in a Consumer Forum requires a fee.

Right to Education (RTE) Act, 2009

For teaching primary classes, a candidate must pass a Teacher Eligibility Test (TET) as per NCERT guidelines.
The statement that over 90% of teacher education institutions are directly under State Governments is incorrect.

Forest Rights Act, 2006

The authority to initiate the process for determining forest rights is the Gram Sabha.

National Green Tribunal (NGT)

Established in 2010.
The NGT Act, 2010 is in consonance with the Right to a healthy environment under Article 21.
An appeal against an NGT decision can be made to the Supreme Court within 90 days.

Land Acquisition

The Land Acquisition Act of 1894 was made by the British.
Its purpose was not to help land reforms in India.
It has been replaced by a new Act (2013).

Financial and Social Laws

Prevention of Money Laundering Act (PMLA): Came into force in 2005.
Triple Talaq Law (2019): Endorsed the Supreme Court’s 2017 ruling against instant triple talaq.

Maternity Benefits (Maternity Benefit (Amendment) Act, 2017)

Enterprises with creches must allow the mother a minimum of six creche visits daily.
Women with two children get reduced entitlements.
*The statement that leave is 3 months pre-delivery and 3 months post-delivery is incorrect (it is 26 weeks total, configurable with up to 8 weeks pre-delivery).*

Laws for Emergencies (e.g., Pandemic)

The legal basis for COVID-19 powers was provided by:
- Disaster Management Act, 2005
- Epidemic Diseases Act, 1897

Panchayat Extension to Scheduled Areas (PESA) Act, 1996

Objectives: Providing self-governance, recognizing traditional rights, and freeing tribal peoples from exploitation.
Non-Objective: It is not intended to create autonomous regions.

Historical Acts

Criminal Tribes Act: First enacted in 1871.
Indian Arms Act: Enacted in 1878.
Indian Divorce Act: Enacted in 1869.
Prevention of Sedition Meeting Act: Passed in 1907.
Acts passed in 1908:
- Explosive Substances Act
- Indian Criminal Law Amendment Act
- Newspaper (Incentive to Offence) Act

Miscellaneous Legal Facts

Hindu Marriage Act: Passed in 1955.
Hindu Succession Act: Passed in 1956.
Sati (Prevention) Act: Passed in 1987.
73rd Constitutional Amendment Act: Provided for reservation for women in Panchayati Raj Institutions (rural), not specifically in urban areas.
MISA (Maintenance of Internal Security Act): Is not a Social Act (it is a security law). Social Acts include:
- Anti-Dowry Act
- Protection of Civil Rights Act
- Prevention of Immoral Traffic Act

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