Indian Law Articles: Criminal Procedure, Evidence and Design Protection

Explore practical guides to citizens' responsibilities, evidence in civil and criminal proceedings, and protection of industrial designs in India. The articles below preserve their original links while highlighting important changes in applicable legislation.

Legal update: The Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. The older Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872 may still be relevant under saving and transitional provisions. Always check the law applicable to the particular proceeding.

ARTICLE 01

Responsibility of public to assist and give information to Magistrates and Police - Section 37, 38, 39 of Code of Criminal Procedure (CRPC) 1973

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), particularly sections 31 to 33, addresses public assistance to magistrates and police, assistance to persons executing warrants and the duty to provide information about specified offences. The former CrPC sections 37 to 39 are relevant to older proceedings and historical references.

Official reference: Applicable legislation and rules

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ARTICLE 02

Confession and its relevancy, The Indian Evidence Act 1872 - Section 24, 25, 26, 27, 28, 29, 30 of Indian Evidence Act, 1872

The Bharatiya Sakshya Adhiniyam, 2023 (BSA), in force from 1 July 2024, replaces the Indian Evidence Act, 1872 for the applicable new proceedings. Sections 22 to 24 address confessions affected by inducement, threat, coercion or promise, confessions to police officers and the treatment of co-accused confessions. Transitional provisions may preserve the former law in pending matters.

Official reference: Applicable legislation and rules

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ARTICLE 03

Relevancy of character in Civil and Criminal Cases - Section 52, 53, 54 and 55 of The Indian Evidence Act, 1872

The Bharatiya Sakshya Adhiniyam, 2023 regulates when character is relevant. Character is generally irrelevant to proving conduct in civil cases except in limited circumstances, while criminal cases distinguish evidence of good character, bad character and the character of victims in specified sexual offence proceedings.

Official reference: Applicable legislation and rules

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ARTICLE 04

Interlocutory Injunction - Design Act 2000 - Conditions for grant of Interlocutory Injunction

The Designs Act, 2000 governs registration and piracy of registered designs. Section 22 provides remedies for piracy, while courts apply the established interim-injunction tests of a prima facie case, balance of convenience and irreparable injury, subject to the facts and procedural law.

Official reference: Applicable legislation and rules

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ARTICLE 05

Design, Features of Design, Registration of Design, Design Act, 1911, Design Rules 1933 and Design Act 2000

The Designs Act, 2000 and Designs Rules, 2001, as amended, form the modern statutory framework. Registration protects eligible visual features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article, rather than a purely functional idea.

Official reference: Applicable legislation and rules

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