Indian Legal Articles: Criminal Law and Related Legal Guidance
A practical guide to important areas of Indian law, including company incorporation, fair competition, consumer complaints and compensation for motor accidents. This page retains the original article directory while explaining the principal laws currently applicable.
Legal update: From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Indian Evidence Act, 1872, respectively, subject to applicable savings and transitional provisions. The articles below also cover civil, corporate and regulatory matters and are not exclusively criminal-law articles.
Private and public limited companies are incorporated under the Companies Act, 2013 and rules administered by the Ministry of Corporate Affairs. A company generally has a separate legal personality and limited liability for shareholders, subject to statutory exceptions. Incorporation ordinarily involves choosing an eligible company structure, obtaining digital signatures, reserving a name where required and filing incorporation documents through the MCA portal. A private company generally requires at least two members and two directors, while a one person company has its own special rules.
Foreign nationals may participate in Indian companies, subject to the Companies Act, 2013, foreign direct investment policy, the Foreign Exchange Management Act, 1999, and applicable sectoral restrictions. A company must satisfy applicable resident-director requirements under section 149(3) of the Companies Act. Foreign investment may fall under the automatic or government-approval route depending on the sector, investor and investment structure. Consult the Department for Promotion of Industry and Internal Trade, Reserve Bank of India and MCA for current requirements.
The Monopolies and Restrictive Trade Practices Act, 1969, cited in the original article, has been repealed. Anti-competitive agreements are now primarily regulated under section 3 of the Competition Act, 2002, and abuse of dominant position under section 4. Section 3 addresses agreements that cause or are likely to cause an appreciable adverse effect on competition in India; section 4 prohibits abuse by a dominant enterprise or group. Unfair trade practices affecting consumers are also addressed by the Consumer Protection Act, 2019, including its section 2(47) definition of unfair trade practice.
The Consumer Protection Act, 2019 replaced the Consumer Protection Act, 1986. Under section 2(7), a consumer generally includes a person who buys goods or hires services for consideration, subject to statutory exclusions and exceptions. Section 35 governs complaints before District Commissions; sections 47 and 58 concern State and National Commission jurisdiction. Complaints may concern defective goods, deficient services, unfair trade practices and other recognized grounds. Monetary jurisdiction is governed by the applicable rules and is generally based on consideration paid, not merely compensation demanded. Visit the official e-Jagriti platform for online consumer dispute filing and related services.
Motor accident claims are governed principally by the Motor Vehicles Act, 1988, as amended. Section 146 generally requires third-party insurance for motor vehicles used in public places. Section 147 sets out requirements of policies and limits of liability; section 149 addresses the duty of insurers to satisfy certain judgments and awards, subject to statutory conditions and defences. Section 164 provides for specified no-fault compensation for death or grievous hurt arising from motor vehicle accidents. Claims before Motor Accident Claims Tribunals are addressed under sections 165 and 166. An absent or invalid licence or lack of insurance can affect liability, but the outcome depends on the facts, statutory rules and binding case law. Consult the Ministry of Road Transport and Highways for official material.
Criminal Law in India: Key Current Statutes
The India Code legislative database provides official statutory texts. The BNS defines substantive offences and punishments; the BNSS governs criminal investigation, arrest, bail and trial procedure; and the BSA governs rules of evidence. The applicable statute and transitional provisions should be checked against the date and nature of the alleged offence or proceeding.
Legal articles are general educational resources, not a substitute for advice tailored to the facts of a case.
