The document provides an overview of Indian law, including: 1) It discusses the nature, sources, classification and functions of law in India. Key points include that law affects most aspects of life and aims to maintain order and deliver justice. 2) It outlines the key features and provisions of the Code of Civil Procedure (CPC) and Code of Criminal Procedure (CrPC) which establish the processes for civil and criminal disputes respectively. 3) It discusses the roles and powers of different courts and tribunals in India, as well as the investigation process and types of sentences that can be passed under the CrPC.

1. CHAPTER 1:
INTRODUCTIO
N TO LAW

2. NATURE OF LAW
 Law is powerful
 Affects all people, from cradle to
grave
 Affects most of life, from work to
leisure
 Law is important
 Virtually all known civilizations
throughout history have had some
kind of law
 But which is more important --
written law or the people who
enforce it?

3. What is Law?
 System of Rules
 Lays down standards to which we
ought to conform
 Legal rule, moral rule and social
convention
 Law is never static, it is always

4. Jurisprudence, or “What is
Law?”
• “Law is what the sovereign says it is.”
• Decisions stand, regardless of morality
Legal
Positivism
• “An unjust law is no law at all and need not be
obeyed.”
• Laws must have a good moral basis
Natural
Law
• “Enforcement of the law is more important than the
law itself.”
• Enforcers determine if the law is applied in a fair
and consistent way
Legal
Realism

5. Law and Morality
Actions may be legal, but immoral to
some people.
Actions may be moral, but not required by
law.
Actions may be required by both
moral standards and the law.
Gay Rights are Legalized in many countries, but
this violates most people’s moral standards today.
Helping a hurt person is required by moral
standards, but is not mandated by the law.
Drunk driving is both immoral and illegal.
LAW
MORALITY

6. Sources of Law
Sources
of Law Formal
Material Legal
Legislation
Precedent
Custom
Agreement
Professional opinion
Historical

7. Classification of Law
LAW General
Law
Territorial Law
or Ordinary
Law of the
Land
Special Law Local Law
Foreign Law
Conventional Law
Autonomic Law
Martial Law
International Law
CATEGORIES EXAMPLES

8. Classification of Law (Contd…)
LAW PUBLIC LAW
(relationship
between the state
and its citizens)
Constitutional
Administrative
International
PRIVATE OR
CIVIL LAW (rights
and duties of
individuals towards
each other)
Contract
Tort
Property
Trusts
Family
CATEGORIES EXAMPLES

9. Classification of Law (Contd…)
LAW SUBSTANTIVE LAW
Defines the rights of
the people
Indian Penal Code
PROCEDURAL
LAW
Establishes
processes for
settling disputes
Code of Civil
Procedure
Code of Criminal
Procedure
CATEGORIES EXAMPLES

10. Classification of Law (Contd…)
 Dangerous
behavior outlawed
by society
 Government
prosecutes
accused
 Guilt is determined
 Punishment or fine
is imposed
 Regulates rights
and duties of
parties
 Plaintiff, not
government brings
suit
 Guilt not
determined
 Compensation is
Criminal Law Civil LawV
s

11. Functions of Law
 To maintain law and order within a given society
 To maintain the status quo in the society
 To enable and guarantee maximum freedom to
every individual
 To determine security and fair play of every
individual
 To achieve highest good of the individual and
society

12. Functions of Law (Contd…)
 To deliver justice
 To provide equality and uniformity
 To maintain impartiality
 To maintain social control
 To resolve conflicts
 To bring orderly change through law and social
reform

14. Features
 First Uniform Code of Civil Procedure was
enacted in 1859
 CPC 1908 came into effect on 1st January
1909
 CPC is divided mainly into Substantive &
Procedural Parts
 Substantive Part of CPC is contained in
Sections
 Procedural Part is contained Orders &
respective Rules

15. Features
 In case of inconsistency between Sections &
Rules, Sections shall prevail
 Provisions of CPC shall be interpreted
Liberally
 CPC containing Sections can be amended by
the Parliament
 Procedural Law puts life into substantive by
providing a remedy and implements the maxim
Ubi Jus Ibi Remedium

16. Pandora Box
 Adjudication of a Civil Suit is divided into
Orders & Decrees
 Statement given by the Judge on the grounds
of a decree or order is called Judgment
 A Judgment contemplates a Stage prior to
passing of a Decree

17. CPC provides for
 Procedure of filing a civil case; Powers of
Court to pass various orders;
 Court fees and stamps involved in filing of a
case;
 Rights of the parties to a case (plaintiff &
defendant);
 Jurisdiction and parameters of civil courts
functioning;
 Specific rules for proceedings of a case;
 Right of Appeals, review or reference.

18. Pandora Box
 In Summons case trial begins when the
accused appears
 In a warrant case instituted on a police report,
the trial begins when Charge is framed
 The proceedings in a warrant case before the
framing of charge are termed as Inquiry

19. Sentences under CRPC
 A High Court may pass any sentence authorised by law.
 A Sessions Judge or Additional Sessions Judge may pass any sentence
authorised by law; but any sentence of death passed by any such Judge
shall be subject to confirmation by the High Court.
 An Assistant Sessions Judge may pass any sentence authorised by law
except a sentence of death or of imprisonment for life or of imprisonment
for a term exceeding ten years.
 The Court of a Chief Judicial Magistrate may pass any sentence authorised
by law except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding seven years.
 The Court of a Magistrate of the first class may pass a sentence of
imprisonment for a term not exceeding three years, or of fine not exceeding
five thousand rupees, or of both.
 The Court of a Magistrate of the second class may pass a sentence of
imprisonment for a term not exceeding one year, or of fine not exceeding
one thousand rupees, or of both.
 The Court of a Chief Metropolitan Magistrate shall have the powers of the
Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate,
the powers of the Court of a Magistrate of the first class.

20. Investigation includes
 The collection of evidence;
 Inspection of the place of occurrence of the
commission of the crime;
 Ascertainment of facts and circumstances;
 Discovery of any article or object used for the
commission of the crime;
 Arrest of the suspected offender;
 Interrogation and examination of various persons
including the accused and taking of their statements in
writing;
 Search of places or seizure of things considered
necessary for the investigation and considered to be
material at the time of the trial, etc.

21. Tribunals under Specific Laws
 Motor Accidents Claims Tribunal (MACT)
 Rent Control Tribunal
 Railway Claims Tribunal
 Debt Recovery Tribunal (DRT)
 Central Excise and Service Tax Appellate
Tribunal (CESTAT)
 Income Tax Appellate Tribunal (ITAT)
 Intellectual Property Appellate Tribunal (IPAT)
 National Green Tribunal (NGT)

22. President of India
 He is nominal head/Titular Executive
 His position is analogous to Queen of United
Kingdom
 The Chief Justice of India administers oath of
Office to the President
 Elected for 5 Years
 Enjoys Powers such as Military, Legislative,
Executive, Diplomatic, Emergency, Financial,
Pardoning