Types of Law in the Indian Legal System | Business Laws for CA Foundation PDF Download

Introduction

In the Indian constitution, numerous rights are granted to every citizen, and with the provision of these rights, there also exists the possibility of their infringement. To address this, our legislature has enacted various laws aimed at enforcing and safeguarding these rights, contributing to the cultivation of a civilized society and the preservation of peace and harmony among individuals.

Law, fundamentally, consists of a set of rules formulated and enforced by a specific country or community through social or governmental institutions to regulate the behavior of its members.

India employs a federal judicial system primarily rooted in mixed law, drawing from parliamentary legislature, court laws, customary practices, and religious laws. The Indian Judicial System evolves through the decisions, orders, and judgments made by judges.

Legal systems can be classified into five types: civil law, common law, customary law, religious law, and mixed law.

Types of law

In Indian Judicial System there are four types of law.

Criminal law

The enforcement of criminal law falls within the purview of the police. Criminal law addresses cases such as murder, rape, assault, and robbery. Offenses falling under criminal law are those committed against an individual but are perceived as transgressions against society as a whole, even if the impact is not direct. For instance, a house burglary is an individual's loss, but it poses a threat to all homeowners who could potentially experience similar break-ins. Due to the perspective that such crimes endanger the public at large, these cases are handled by public services and not private investigators.

Civil law

Civil law pertains to legal matters that do not involve criminal offenses. It constitutes a branch of law addressing conflicts between individuals and organizations, encompassing diverse areas such as defamation, child custody, educational rights, divorce, trade union membership, property disputes, ownership issues, copyright, and insurance claims.

For instance, scenarios involving the forcible occupation of someone else's property without permission, refusal to vacate, or a legal dispute between two companies over a trade matter fall under civil law. Similarly, individuals who have suffered losses or injuries in a car accident may file claims against the responsible driver in the realm of civil law.

Common law

Common Law, alternatively known as case law, judicial precedent, or judge-made law, is a legal category derived from the decisions of courts and similar tribunals. As the name implies, it is applicable universally. The precedents set by higher courts carry a binding effect on cases heard in lower courts. While lower courts have the option to overturn a precedent, this occurrence is infrequent.

An illustration of common law in practice is seen in common-law marriages, where two individuals cohabit for a period exceeding 10 years. This arrangement grants them legal rights to share their assets based on the duration of their cohabitation.

Statutory law

Statute or Statutory Law refers to legislation established through an act of the legislature and subsequently signed by the executive or legislative body. In the case of state law, these acts are passed by the state legislature and signed by the state governor. In exceptional situations, the executive (President or governor) may decline to sign the bill, exercising a "veto" power to reject it.