Indian Law For A Common Man

By Sree Krishna Seelam and Divyakshara Pandey

Discover the Magic of Law – Made Simple!
Ever felt like the Law is a puzzle you can't crack?

Meet "Indian Law for a Common Man," your friendly guide to understanding law without headaches!

No fancy terms, just clear explanations – Unlock the Power of Legal Knowledge in Just 3 Hours!

Uncover your rights and what you need to know as a citizen. Whether you're a student, worker, or a curious person, this book makes law easy, from property to protection and more.

No more confusion – be law-smart, starting now!


? Unlock legal secrets effortlessly.
? Transform your legal know-how, hassle-free.


The more you know, the less you fear. Dive into the world of law with this read.

"When you first start to study a field, it seems like you have to memorize a zillion things. You don't. What you need is to identify the core principles – generally three to twelve of them – that govern the field. The million things you thought you had to memorize are simply various combinations of the core principles."

- John Reed

• Language: English
• Publisher: Sree Krishna Seelam
• Release date: Mar 24, 2024
• ISBN: 9798224747429

Sree Krishna Seelam

Have a bachelor’s in common sense and an urge to learn. I am no expert or superior in any field. I am a commoner with tons of curiosity and the will to give back to this plant. I spent more time than people of my age with books, staying curious, exploring the world and understanding human behaviour. I believe I was born to try new things and experience everything that life offers. My mission is to leave this planet a better place for the next generations. I live with a passion to teach and motivate. I AM A REBEL!

Book preview

Heartfelt thanks to all the Law interns of wedidit.in.

Around 677 Law interns were engaged in making this book come to life.

Immense respect to our editor Divyakshara Pandey, for her pro bono work and brilliance in transforming a manuscript into a masterpiece.

Special thanks to Tanya Singh Chauhan for holding the fort of Wedidit  Foundation in our challenging times and for being an inspiration for the upcoming book ‘DeCoding Law’.

Deep appreciation to the future Lawmakers

●  Aditi Paul

●  Asma Khan

●  Asmi Kanaujia

●  Harshit Garg

●  Rutuja Joshi

●  Sahil Borbhuiya

●  Sakshi Dayma

●  Sandhya Kande

●  Satya Sruthi Pakalapati

for their extensive support.

To master any field, you need to embrace dedication, practice relentlessly, seek continuous learning, accept failure as part of growth, and cultivate resilience.

-  Sree Krishna Seelam

CHAPTERS 1, 2, and 16 are not to be missed.

CHAPTER 1: Why Know the Law? 9

CHAPTER 2: A Quick Look at the Indian Legal System 11

CHAPTER 3: Introduction to the Constitution of India 14

1. The Preamble 14

2. Fundamental Features of the Constitution 17

3. Federal Structure: Division of Powers 20

4. Amendment Process 23

CHAPTER 4: Fundamental Rights and Duties 25

1. Fundamental Rights 25

2. Right to Equality 25

3. Right to Freedom 28

4. Right Against Exploitation 30

5. Right to Freedom of Religion 31

6. Cultural and Educational Rights 33

7. Right to Constitutional Remedies 35

8. Fundamental Duties37

CHAPTER 5: The Judicial System of India 38

1. Structure of the Judiciary 38

2. Supreme Court 39

3. High Courts 41

4. District Courts and Subordinate Courts 43

5. Judicial Independence 46

6. Public Interest Litigation (PIL) 48

CHAPTER 6: Criminal Law 50

1. Indian Penal Code (IPC) 50

2. Code of Criminal Procedure (CrPC) 62

3. Common Offences and Their Punishments 66

4. Arrest and Bail 68

5. Trial Process 70

6. Juvenile Justice 73

CHAPTER 7: Civil Law 76

1. Code of Civil Procedure (CPC) 76

2. Civil Disputes 79

3. Law of Torts - Deals with Civil Wrongs 81

4. Contract Law 83

5. Law of Injunctions 85

CHAPTER 8: Family Law 88

1. Hindu Law 90

2. Muslim Law 92

3. Christian Law 94

4. Special Marriage Act 97

5. Adoption and Guardianship 99

6. Maintenance and Alimony 100

CHAPTER 9: Property Law 102

1. Transfer of Property Act 102

2. Types of Property 105

3. Sale, Lease, and Mortgage 107

4. Easements and Licenses 109

5. Land Acquisition 111

6. Succession Laws and Inheritance 113

CHAPTER 10: Labour and Employment Law 115

1. The Industrial Disputes Act 116

2. The Factories Act 118

3. The Minimum Wages Act 120

4. The Payment of Wages Act 122

5. The Employees' Provident Fund and Miscellaneous Provisions Act 124

6. The Employees' State Insurance Act(ESI Act) 126

7. The Maternity Benefit Act 128

8. The Contract Labour (Regulation and Abolition) Act 131

9. The Trade Unions Act 133

10. The Workmen’s Compensation Act 135

CHAPTER 11: Taxation and Finance 137

1. Direct and Indirect Taxes 137

2. Income Tax Act 139

3. Goods and Services Tax (GST) 141

4. Banking and Financial Regulations 143

5. Foreign Exchange Regulations 145

CHAPTER 12: Consumer Protection and Rights 148

1. Consumer Protection Act 148

2. Rights of Consumers 151

3. Product Liability 153

4. Unfair Trade Practices 156

5. E-Commerce Regulations 158

6. Consumer Courts 162

7. Mediation 164

8. Remedies and Compensation 169

CHAPTER 13: Intellectual Property Rights 172

1. Patents 172

2. Trademarks 175

3. Copyrights 178

4. Designs 181

5. Trade Secrets 184

CHAPTER 14: Environmental Laws 187

1. Air (Prevention and Control of Pollution) Act 187

2. Water (Prevention and Control of Pollution) Act 190

3. Environment (Protection) Act 192

4. Forest (Conservation) Act 195

5. Wildlife (Protection) Act 197

CHAPTER 15: Cyber Law in India 200

1. Historical Background of Cyber Law 200

2. Cybercrime and Penalties 202

3. Digital Privacy and Data Protection 203

4. Steps to Filing a Complaint for Cybercrime in India 205

CHAPTER 16: How to Navigate the Legal System 207

1. Filling a Case and Court Procedures 207

2. Finding Legal Help 210

3. Legal Aid Services 215

4. Alternative Dispute Resolution (ADR) 218

End Note 221

LEARNING IS THE ONLY thing the mind never exhausts, never fears, and never regrets.

– Leonardo da Vinci

CHAPTER 1:

Why Know the Law

UNDERSTANDING THE BASICS of Indian law is essential for every common man, as it empowers individuals to know their rights and obligations, enabling them to get along with the society.

This book aims to make Indian law simple and clear for everyone.

We want people to understand how the law works and its importance.

As you progress through this book, you will gain insights into the various aspects of Indian law, empowering you to make informed decisions and become a responsible citizen.

So, let's embark upon this journey to explore and understand the basics of Indian law together.

Knowing the law helps:

●  Know your rights and duties: By knowing the law, you understand your rights and can protect yourself. You also get to know what duties you should perform as a citizen.

●  Make correct choices: Understanding the law helps you make correct decisions in life, like in relationships, jobs, making purchases and starting businesses.

●  Solve problems: If you know the law, you can solve conflicts.

●  Stay safe from scams: Knowing the rules can protect you from being scammed or taken advantage of.

●  Build trust in the legal system: When you understand the law, you see how the courts and other legal bodies work to keep things fair.

●  Make you live in harmony: When everyone knows the law, people respect each other's rights and solve problems fairly. This helps create a more peaceful society.

In short, knowing the law helps people better their lives, protect their rights, and perform their duties. It also helps people become active and responsible citizens and makes society more peaceful, letting democracy work well for everyone.

CHAPTER 2:

A Quick Look at the Indian Legal System

The main components of the Indian Legal System are:

1. The Constitution

2. Origination of Indian Law

3. Levels of courts

4. Dual legal system

5. Federal system of governance

6. Common law

7. Criminal and civil law

8. Legal workers

9. Other ways to resolve disputes

1. The Constitution: This is the main law of India. It sets up the government, prescribes what it can do, and protects people's rights. All other laws must comply with the constitution.

2. Origination of Indian Law: Indian laws come from many places, like the constitution, laws made by Parliament and states, old customs, British common law, and previous decisions made by the judges.

3. Levels of courts: India has different levels of courts - the Supreme Court, High Courts, and District and Subordinate Courts. Each court has its own jurisdiction, with the Supreme Court being the most powerful and having authority over the entire territory of India.

4. Dual legal system: India follows a dual legal system with a federal structure, where powers are divided between the central and state governments. Both levels of government have the authority to enact laws in their respective jurisdictions, as specified in the seventh schedule of the constitution.

5. Federal system of governance: It is a system of government that divides the power between a large central government and the local and regional government, which the constitution establishes. It comprises three branches: the legislative, the executive and the judiciary.

6. Common law: Also known as judicial precedent or judge-made law. Indian law is based on common law, which uses past decisions made by judges to help decide cases.

7. Criminal and civil law: Indian law is divided in two parts

Criminal law: which deals with offences against the state and society. The Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) form the basis of criminal law.

Civil law: which governs private disputes between individuals or organisations, or individuals and organisations. Civil law covers areas such as contract, property, family, and tort law. It is prescribed by the Code of Civil Procedure (CPC).

8. Legal workers: In India, advocates (lawyers), solicitors, and legal teachers are called legal workers. The Bar Council of India and State Bar Councils ensure they do their jobs well and follow the rules.

9. Other ways to resolve disputes: India also uses other ways to fix disputes. Alternate Dispute Resolution (ADR), which consists of arbitration, mediation, conciliation and negotiation. These methods are faster, cheaper, and more flexible than approaching the court.

The Indian legal system is a huge, ever-changing set of rules that helps people live peacefully.

CHAPTER 3:

Introduction to the Constitution of India

In this chapter, we will learn about:

The Preamble

Fundamental Features of the Constitution

Federal Structure

Amendment Process

History Behind the Constitution

The Indian Constitution has a long history of many influences. It comes from Ancient Hindu texts, Islamic law, British rule, The Government of India Act 1935, the Indian Independence Movement and the partition. Various features have also been taken from the constitutions of other countries like the USA, Ireland, etc.

1. The Preamble

IN THIS SECTION, WE will discuss:

What is the Preamble, and why it is important

Key components of the Preamble

1.  What is the Preamble, and why it is important

It is an introduction to the Indian Constitution, setting out the fundamental principles, values, and objectives that shape the nation's legal system.Often called the soul of the constitution, the Preamble reflects the vision of the founding fathers and the aspirations of the people of India.

2. Key Components of the Preamble

a. Source of Authority

b. Objectives

c. Democratic Republic

d. Date of Adoption

a. Source of Authority: The phrase We, the people of India, highlights that authority of the Constitution comes from the citizens, and sovereignty (supreme power of authority) lies with the people.

b. Objectives: The Preamble lays out main goals of the constitution, such as:

Justice

Liberty (freedom)

Equality

Fraternity (unity)

These objectives focus on promoting fairness, individual freedom, an open and tolerant society, equal treatment for all, and unity among citizens.

c. Democratic Republic: The Preamble declares India as a:

Sovereign (independent authority of the state).

Socialist (not discriminant against anyone based on caste, creed, colour, sex, religion or language).

Secular (not bound by any particular religion).

Democratic republic (showing the dedication of the country to democracy, social, economic and political justice, and religious freedom).

d. Date of Adoption: The Preamble states that the constitution was adopted on November 26, 1949, by the Constituent Assembly and came into force on January 26, 1950.

The Preamble is not a rule like the rest of the constitution. Yet, it steers how we read the constitution and grasp the backbone of the law.

It carries the wish of the Indian folk for fairness, equality, and a society that brings everyone in. Here, each person has basic rights and pitches in for unity and soundness of the whole country.

2. Fundamental Features of the Constitution

IN THIS SECTION, WE will discuss:

The Ten Fundamental Features that define the state, its legal system, and rights and responsibilities of citizens.

Key aspects of the Indian Constitution

Lengthiest Written Constitution

Federal Structure

Parliamentary System of Government

Separation of Powers

Fundamental Rights

Directive Principles of State Policy (these are the policy guides)

Fundamental Duties (basic duties)

Secularism

Independent Judiciary

Amendment Procedure.

1. Lengthiest Written Constitution: The Indian Constitution is the longest written constitution globally, with 395 Articles and 12 Schedules at the time of its adoption.

Currently with 448 Articles, 25 parts and 18 Schedules.

The extensive nature of the constitution reflects India's diversity and the need to address various aspects of its governance and rights.

2. Federal Structure: The constitution establishes a federal system, dividing powers between the central and state governments. This structure balances the need for a strong central government and the autonomy of the states to manage their own affairs.

3. Parliamentary System of Government: The constitution provides a parliamentary system of government with two parts - the Rajya Sabha and the Lok Sabha.

The President is a figurehead on paper, but the real power is with the Prime Minister and his cabinet.

4. Separation of Powers: The constitution splits power