GOVERNMENT OF INDIA, MINISTRY OF LAW. Page 2. Page 3. Page 4. Page 5. Page 6. Page 7. Page 8. Page 9. Page Page Page Page The Indian Penal Code. (45 of ). Contents. Sections. Details. Introduction. Preamble. Chapter I. Introduction. 1. Title and extent of operation of the Code. 2. Constitution (Thirty-sixth Amendment) Act, , s. 5 (w.e.f.. ). 3. Parliament may by law—. (a) form a new State by separation of territory from any .
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The massive structure of Indian law and jurisprudence resembles the height, the symmetry and the grandeur of the common and statute law of England. In it one. The Constitution of India has been brought up-to-date by Laws made under articles 2 and 3 to provide for the amendment of the First and the. Punishment of offences committed beyond, but which by law may be tried within, India. 4. Extension of Code to extra-territorial offences. 5. Certain laws not to be.
Commission; access to information The Commission may secure from any department or agency of the United States information necessary to enable it to carry out this chapter. Upon the request of the Chairman, the head of such department or agency shall furnish such information to the Commission, unless otherwise prohibited by law. Interim authority to regulate gaming Notwithstanding any other provision of this chapter, the Secretary shall continue to exercise those authorities vested in the Secretary on the day before October 17, , relating to supervision of Indian gaming until such time as the Commission is organized and prescribes regulations.
The Secretary shall provide staff and support assistance to facilitate an orderly transition to regulation of Indian gaming by the Commission. Tribal gaming ordinances a Jurisdiction over class I and class II gaming activity 1 Class I gaming on Indian lands is within the exclusive jurisdiction of the Indian tribes and shall not be subject to the provisions of this chapter.
A separate license issued by the Indian tribe shall be required for each place, facility, or location on Indian lands at which class II gaming is conducted. No person or entity, other than the Indian tribe, shall be eligible to receive a tribal license to own a class II gaming activity conducted on Indian lands within the jurisdiction of the Indian tribe if such person or entity would not be eligible to receive a State license to conduct the same activity within the jurisdiction of the State.
B i The provisions of subparagraph A of this paragraph and the provisions of subparagraphs A and B of paragraph 2 shall not bar the continued operation of an individually owned class II gaming operation that was operating on September 1, , if— I such gaming operation is licensed and regulated by an Indian tribe pursuant to an ordinance reviewed and approved by the Commission in accordance with section of this title, II income to the Indian tribe from such gaming is used only for the purposes described in paragraph 2 B of this subsection, III not less than 60 percent of the net revenues is income to the Indian tribe, and IV the owner of such gaming operation pays an appropriate assessment to the National Indian Gaming Commission under section a 1 of this title for regulation of such gaming.
B The Chairman shall approve any ordinance or resolution described in subparagraph A , unless the Chairman specifically determines that— i the ordinance or resolution was not adopted in compliance with the governing documents of the Indian tribe, or ii the tribal governing body was significantly and unduly influenced in the adoption of such ordinance or resolution by any person identified in section e 1 D of this title. Upon the approval of such an ordinance or resolution, the Chairman shall publish in the Federal Register such ordinance or resolution and the order of approval.
C Effective with the publication under subparagraph B of an ordinance or resolution adopted by the governing body of an Indian tribe that has been approved by the Chairman under subparagraph B , class III gaming activity on the Indian lands of the Indian tribe shall be fully subject to the terms and conditions of the Tribal-State compact entered into under paragraph 3 by the Indian tribe that is in effect.
D i The governing body of an Indian tribe, in its sole discretion and without the approval of the Chairman, may adopt an ordinance or resolution revoking any prior ordinance or resolution that authorized class III gaming on the Indian lands of the Indian tribe. The Chairman shall publish such ordinance or resolution in the Federal Register and the revocation provided by such ordinance or resolution shall take effect on the date of such publication.
Upon receiving such a request, the State shall negotiate with the Indian tribe in good faith to enter into such a compact. B Any State and any Indian tribe may enter into a Tribal-State compact governing gaming activities on the Indian lands of the Indian tribe, but such compact shall take effect only when notice of approval by the Secretary of such compact has been published by the Secretary in the Federal Register. C Any Tribal-State compact negotiated under subparagraph A may include provisions relating to— i the application of the criminal and civil laws and regulations of the Indian tribe or the State that are directly related to, and necessary for, the licensing and regulation of such activity; ii the allocation of criminal and civil jurisdiction between the State and the Indian tribe necessary for the enforcement of such laws and regulations; iii the assessment by the State of such activities in such amounts as are necessary to defray the costs of regulating such activity; iv taxation by the Indian tribe of such activity in amounts comparable to amounts assessed by the State for comparable activities; v remedies for breach of contract; vi standards for the operation of such activity and maintenance of the gaming facility, including licensing; and vii any other subjects that are directly related to the operation of gaming activities.
No State may refuse to enter into the negotiations described in paragraph 3 A based upon the lack of authority in such State, or its political subdivisions, to impose such a tax, fee, charge, or other assessment.
B i An Indian tribe may initiate a cause of action described in subparagraph A i only after the close of the day period beginning on the date on which the Indian tribe requested the State to enter into negotiations under paragraph 3 A. In determining in such an action whether a State has negotiated in good faith, the court— I may take into account the public interest, public safety, criminality, financial integrity, and adverse economic impacts on existing gaming activities, and II shall consider any demand by the State for direct taxation of the Indian tribe or of any Indian lands as evidence that the State has not negotiated in good faith.
The mediator shall select from the two proposed compacts the one which best comports with the terms of this chapter and any other applicable Federal law and with the findings and order of the court. B The Secretary may disapprove a compact described in subparagraph A only if such compact violates— i any provision of this chapter, ii any other provision of Federal law that does not relate to jurisdiction over gaming on Indian lands, or iii the trust obligations of the United States to Indians.
C If the Secretary does not approve or disapprove a compact described in subparagraph A before the date that is 45 days after the date on which the compact is submitted to the Secretary for approval, the compact shall be considered to have been approved by the Secretary, but only to the extent the compact is consistent with the provisions of this chapter. D The Secretary shall publish in the Federal Register notice of any Tribal-State compact that is approved, or considered to have been approved, under this paragraph.
The Chairman's review and approval of such contract shall be governed by the provisions of subsections b , c , d , f , g , and h of section of this title. Any such ordinance or resolution not acted upon at the end of that day period shall be considered to have been approved by the Chairman, but only to the extent such ordinance or resolution is consistent with the provisions of this chapter. Probably should be followed by a comma. Probably should not be capitalized.
Except as otherwise provided in this subsection, such fee shall not exceed 30 percent of the net revenues. The Chairman may extend the day period by not more than 90 days if the Chairman notifies the Indian tribe in writing of the reason for the extension.
The Indian tribe may bring an action in a United States district court to compel action by the Chairman if a contract has not been approved or disapproved within the period required by this subsection. Review of existing ordinances and contracts a Notification to submit As soon as practicable after the organization of the Commission, the Chairman shall notify each Indian tribe or management contractor who, prior to October 17, , adopted an ordinance or resolution authorizing class II gaming or class III gaming or entered into a management contract, that such ordinance, resolution, or contract, including all collateral agreements relating to the gaming activity, must be submitted for his review within 60 days of such notification.
Any activity conducted under such ordinance, resolution, contract, or agreement shall be valid under this chapter, or any amendment made by this chapter, unless disapproved under this section. If a management contract has been approved by the Secretary prior to October 17, , the parties shall have not more than days after notification of necessary modifications to come into compliance. The allegation shall be set forth in common and concise language and must specify the statutory or regulatory provisions alleged to have been violated, but may not consist merely of allegations stated in statutory or regulatory language.
Not later than sixty days following such hearing, the Commission shall, by a vote of not less than two of its members, decide whether to order a permanent closure of the gaming operation. Judicial review Decisions made by the Commission pursuant to sections , , , and of this title shall be final agency decisions for purposes of appeal to the appropriate Federal district court pursuant to chapter 7 of title 5.
Subpoena and deposition authority a Attendance, testimony, production of papers, etc. By a vote of not less than two members, the Commission shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under consideration or investigation.
Witnesses so summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. The Commission may request the Secretary to request the Attorney General to bring an action to enforce any subpoena under this section.
Such depositions may be taken before any person designated by the Commission and having power to administer oaths. Reasonable notice must first be given to the Commission in writing by the party or his attorney proposing to take such deposition, and, in cases in which a Commissioner proposes to take a deposition, reasonable notice must be given.
By now Christian law in India has emerged as a separate branch of law. It covers the entire spectrum of family law so far as it concerns Christians in India. Christian law, to a great extent is based on English law but there are laws that originated on the strength of customary practices and precedents. Christian family law has now distinct sub branches like laws on marriage , divorce, restitution, judicial separation, succession, adoption , guardianship , maintenance, custody of minor children and relevance of canon law and all that regulates familial relationship.
Nationality law or citizenship law is mainly codified in the constitution of India and the Citizenship Act of Although the Constitution of India bars multiple citizenship , the Parliament of India passed on 7 January , a law creating a new form of very limited dual nationality called Overseas Citizenship of India.
Overseas citizens of India have no form of political rights or participation in the government, however, and there are no plans to issue to overseas citizens any form of Indian passport. Law enforcement in India is undertaken by numerous law enforcement agencies.
Like many federal structures , the nature of the Constitution of India mandates law and order as a subject of the state, therefore the bulk of the policing lies with the respective states and territories of India.
At the federal level, the many agencies are part of the Union Ministry of Home Affairs, and support the states in their duties. Larger cities also operate metropolitan police forces, under respective state governments. All senior police officers in the state police forces, as well as those in the federal agencies, are members of the Indian Police Service IPS and Indian Revenue Service IRS , two of the several kinds of civil services. They are recruited by the Union Public Service Commission.
The federal police are controlled by the central Government of India. The majority of federal law enforcement agencies are controlled by the Ministry of Home Affairs.
The constitution assigns responsibility for maintaining law and order to the states and territories, and almost all routine policing—including apprehension of criminals—is carried out by state-level police forces. The constitution also permits the central government to participate in police operations and organisation by authorising the maintenance of the Indian Police Service.
On completion of a nationwide basic public-service course, the Indian Police Service recruits attend the National Police Academy at Hyderabad, Telangana, for training. They are then assigned to particular state or union territory forces, where they usually remain for the rest of their careers.
About 50 percent of the officers are regularly assigned to states or territories other than their own in an effort to promote national integration.
Government usually appoints Law Commission panels to study and make non-binding recommendations for the law reform. In first 65 years 1, obsolete laws were repealed, including old laws in by Jawaharlal Nehru and old laws in by Atal Bihari Vajpayee.
Indian Gaming Regulatory Act
After that 1, such laws were repealed by Narendra Modi government between May to December , taking the total to 3, From Wikipedia, the free encyclopedia. Civil courts. Criminal courts. Courts of executive magistrates.
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Women with mental illnesses, especially severe mental disorders also suffer other forms of abuse from their husbands as well as in-laws. Some that can be used in defence of an accused include performing the criminal acts under hypnosis or trance, having delusions especially delusion of persecution , the person being in a state of mania, having some form of dementia, etc.
However, when the administration of taxes became too unwieldy for one Board to handle, the Board was split up into two, namely the Central Board of Direct Taxes and Central Board of Excise and Customs with effect from 1 January The Contract act is the main and most used [ citation needed ] act of legal agreements in India.