The Indian Evidence Act stipulates how facts can be proved through evidence. The Evidence Act helps the judges to separate the 'wheat from the chaff' and plays a crucial role in the establishment of facts during the court proceedings. What evidence can be admitted, how it can admitted, how the burden of proof has to be discharged, etc, are matters governed by the Evidence Act.
The object of the Criminal Procedure Code is to provide a mechanism for the investigation and trial of offenders. It lays down the rules for conduct of investigation into offences by the police proceedings in court against any person who has committed an offence under any Criminal law, whether it is IPC or a 'Crime' classified under any other law.
The Indian Penal Code (IPC) was passed in 1860 and came into force in 1862. It is the main criminal code in India. It was drafted after consulting various existent criminal codes in the world such as the French Penal Code as well as the Code of Louisiana in the US. It is uniformly applicable in all the states of the country except Jammu and Kashmir where, due to the special constitutional status of that state, a separate Penal Code called is in operation.
The term 'Crime' denotes an unlawful act and this unlawful act is punishable by a state. Crime as a concept is so broad that there is no single, universally accepted definition to it. But, for the sake of convenience, several countries provide statuary definitions of various kinds of unlawful activities, which can be identified as crimes.
'Tort' essentially means a 'wrong' and originates from the Latin word 'tortum', which means 'twisted' or 'crooked'. In law, tort is defined as a civil wrong or a wrongful act, of one, either intentional or accidental, that results in the injury or harm to another who in turn has recourse to civil remedies for damages or a court order or injunction.
Matters relating to property are governed by the Transfer of Property Act, 1882 in India. The object of the Transfer of Property Act (TPA) is to regulate the transfer of property between living persons. It shall also serve as the code of contract law governing immovable property. The Transfer of Property Act, 1882 provides clarity on the subject: it is a systematic and uniform law on the transfer of immovable property in India.
Judicial review is a principle or a legal doctrine or a practice whereby a court can examine or review an executive or a legislative act, such as law or some other governmental or administrative decision, and determine if the act is incompatible with the constitution.
The method of appointment of judges at the Supreme Court, High Court and District Courts has been enshrined in the Constitution of India. According to Article 124 of the Constitution, 'every judge of the Supreme Court shall be appointed by the President after consultation with such of the Judges of the Supreme Court and of the High Courts in the States, as the President may deem necessary'.
The Indian legal system derives its authority from the Constitution of India and is deeply embedded in the Indian political system. The presence of judiciary substantiates the theory of separation of powers wherein the other two organs - legislature and executive, stand relatively apart from it.
Disputes relating to property, breach of contracts, wrongs committed in money transactions, minor omissions etc., are categorized as civil wrongs and could be subject to a civil process. In such cases civil suits should be instituted by the aggrieved persons. Courts of law administer justice by considering the nature of the wrong done.
The British rule in India is responsible for the development of the Common Law based legal system in India. The development of the British Common Law based system can be traced to the arrival and expansion of the British East India Company in India in the 17th Century.