Categories of Laws

You may categorize LAWS into various fields and groups:

All laws, whether discovered by noble scientists, or made by learned Jurists, are divided into two groups: (a) Laws related to Nature and Science; and (b) Laws related to society, that is, social science/study or more specifically, also called “Judicial Science”.

Judicial Science and Social Engineering

Nowadays, Socialists and Jurists like to introduce new terms to advance their so-called “clan/group” or social gathering and institutions. That’s why technicalities and complexity were added into Judicial System in span of time, for the sake of enrichment and inventing fine descriptions in warranted situations. However, the Hon’ble Supreme Court of India has been consistently erasing these evil red-tapism and prolonged culture of delaying proceedings. It is well said that “delay of proceedings (to provide justice) is denial of Justice (the cause becomes infructuous)”.

Different types of laws

However, for smooth control and running of Human civilization, learned jurists have evolved uncountable and immemorial laws since the avtar of Homo Sapiens on the Earth. Firstly, humans were living in groups/clan/society for safety of their women and children, and thereafter many laws, rules, and regulations evolved in time.

Simple laws and institution of marriage, parentage, and kingship were made to prevent attacks and insurgency. Thereafter, contracts were made between human beings for exchange of foods, cotton, jewellry, etc. Criminal laws were also made for regularization of social structure, preventing hardship and deprivation of properties (crops, cattles, and kins) of labourious farmers, soldiers, and villagers. However, bankers and money-lender/accumulators also evolved from these villagers and they created high-evil within the society.

More laws were made and more crimes had been committed by deprived and weaker section of society. Then, greediness and accumulation of wealth also made wealthy section of society to commit “white-collar crimes”, for example, accumulating wealth and depriving necessities to weaker and poor section. Dominating and influencing power necessiated people at large and their women for slavery, prostitution, keeps, etc.


Evolution of Democracy

Finally, revolts and struggles for freedom and revolution in societies invented several mechanism, life-styles, and reforms. Somewhere in the world, people evolved Parliamentary systems, and somewhere people invented Presidency systems, Some people like monarchs and Some people like medieval conservative thoughts. However, each system has some drawbacks and therefore, people vote for liking of their own systems.


Rules and Procedures

Laws are nowadays divided into substantive rules, regulations and procedures. In legal terms, we should say these two groups as (a) Substantive Laws, and (b) Procedural Laws.

Any law which creates, determines or affect some human rights of any person is called as Substantive Law. And those laws which implement mechanism and establish institutions, specifically saying, creating jurisdiction to determine those substantive rights, are known as Procedural laws or Adjective laws.


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Classification

So, you may categorize laws as: (a) Criminal Laws and (b) Civil Laws

Obviously, criminal laws include Penal code (IPC), Procedural Code (Cr.P.C.) and Evidence (to be proved beyond reasonable doubt). Distrust of authority (police, who investigate crimes) and prime liberty of innocent persons (till then, offence is not proved) evolved this principle. An impartial adjudicator (Judge) decides the matter in the light of evidences and proofs placed before him. So, you must have to know basic principles of law, so that you can patiently and firmly assist Judicial System to deliver justice. Crimes are committed against State (Ruler) and not so-called individual humans. It is also well said that “Ignorance of facts is excused, but Ignorance of law is not excused.

However, modern /nowadays governments have given some rights and reliefs to individual humans to claim compensation and damages for the deprivation of person and property. These compensation and damages can be claimed in those criminal proceedings or in separate proceedings, also can be tried/run concurrently with those criminal cases. Individual person can file private complaints other than police complaints.

You can file private complaints in case of Dishonour of Cheques, Some cases of cheating and property disputes, and whenever police officials are not writing your information (F.I.R.) – in legal term, is also called “First Information Report” in his diary – FIR Book.

You can also make complaint in various Intellectual Property Rights’ disputes, consumer cases, and many other cases.

 

Civil cases relates to property dispute, marriage, adoption, rent, agreements, contracts, and various kinds of cases of civil nature.

In civil cases, the harm caused or damages are not so grave or not such immediate action is required as in criminal cases. However, Interim reliefs (immediate orders) were passed by Civil Judges, when situation necessiated the same. Also, proof beyond reasonable doubt is not required in civil cases, and the decision is based on facts and circumstances of each particular case.

Every Civil Judge (Court) has inherent power to secure the ends of justice and also to prevent the abuse of process of Court, (provided under Section 151 of the Code of Civil Procedure).

September 24th, 2015 by
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