The laws play an important role in guiding the behaviour and conduct of the
people in a society. As defined by John Austin
Law is the command of sovereign
backed by sanction. At the outset, every law student/ lawyer is aware of the
major Acts of Parliament such as Code of Civil Procedure, Indian Penal Code,
Criminal Procedure Code, etc. which are general in nature, whether substantive
or procedural. As a law student/ lawyer, these laws form the foundation of
various subject of law i.e. criminal, civil, etc. Minor Acts, on the other hand,
are specific acts dealing with specific subject of law.
These 7 Minor Acts should be known by every law student/ lawyer because of their
applicability in today's time.
The Advocates Act, 1961
Commenced on 19th May, 1961, this Act had been enacted to provide for
constitution of Bar Council of India and State Bar Councils. It also provides
rules of conduct for the legal practitioners. The Act contains a total of 60
sections and Schedule I which deals with the repealed acts.
Important Sections of this Act:
- Section 3 and Section 6: State Bar Council and its functions,
respectively
- Section 4 and Section 7: Bar Council of India and its functions,
respectively
- Section 16: Senior and other advocates
- Section 24 and Section 24A: Persons who may be admitted as advocates on
state roll (eligibility) and disqualification for enrolment, respectively
- Section 30: Rights of advocates to practice
- Section 35: Punishment of advocates for misconduct
- Section 45: Penalty for persons illegally practising in courts and
before other authorities (Imprisonment for a term which may extend to six
months)
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The Contempt of Courts Act, 1971
This Act has been enacted to define and limit the powers of courts in punishing
for contempt of courts and to regulate the procedure for the same. Commenced in
1971, this Act repealed the old Act of 1952 (Section 24). This Act contains a
total of 24 Sections. This Act deals with both acts of Contempt i.e. Civil
contempt and Criminal Contempt. Civil Contempt refers to wilful obedience of an
order, decree, or direction of a Court or an undertaking given to the Court. On
the other hand Criminal Contempt means publication of any matter via any medium
which scandalises or lower the authority of court, prejudices the course of any
judicial proceeding or interferes with administration of justice in any manner.
Important Sections of this Act:
- Section 3: Innocent publication and distribution of matter not contempt
- Section 4: Fair and accurate report of judicial proceeding not contempt
- Section 5: Fair criticism of judicial act not contempt
- Section 12: Punishment for Contempt of Court (Simple Imprisonment for a
term which may extend to six months or with fine which may extend to two
thousand rupees or both).
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The Medical Termination of Pregnancy Act, 1971
This Act provides for medical termination of pregnancy by registered
practitioners. Commenced on 10th August 1971, this Act has been enacted to
provide a legal procedure to protect the act of female foeticide, female
infanticide and other related acts.
The Act consists of 8 sections. As per
Section 3, Pregnancy can be terminated by Medical practitioner(s) if they are of
the opinion drawn in good faith that continuance of pregnancy would affect the
physical/mental health of the mother, or pose risk of child being born with
deformities. This Section specifically provides that such opinion needs to be
given by one medical practitioner if the pregnancy does not exceed 12 weeks and
be given by two medical practitioners if the pregnancy exceeds 12 weeks but does
not exceed 20 weeks.
The Section also provides that the pregnancy would only be terminated with the
consent of the pregnant woman, and in the case of a minor or lunatic, with the
consent of her guardian.
Other Important Sections of this Act:
- Section 4: Place where pregnancy can be terminated.
- Section 5: Cases in which Section 3 and 4 would not apply
- Section 7: Power of State Government to make regulations. Whoever fails
to comply with regulations made under subsection 1 shall be punished with
fine which may extend to one thousand rupees.
- Section 8: Protection of action taken in good faith
The Medical Termination of Pregnancy Bill, 2020 has recently been
passed by the Union Cabinet. This Bill strives to extend the period given in
Section 3 from 20 to 24 weeks of gestation. The Bill also provides for extending
the period of gestation for special categories of women such as survivors of
rape, etc. and further, not disclosing their identities.
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The Dowry Prohibition Act, 1961
Commenced on 20th May, 1961, this Act was enacted to prohibit the giving or
taking away of dowry. This Act consists of 10 sections. Section 2 of the Act
defines dowry as any property or valuable security given or agreed to be given
either directly or indirectly:
- by one party to a marriage to the other party to the marriage; or
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- by the parents of either party to a marriage or by any other person, to
either party to the marriage or to any other person at or before or any time
after the marriage in connection with the marriage of said parties.
It is pertinent to mention herein that the definition of Dowry does not include
dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat)
applies.
Other important Sections under this Act:
- Section 3: Penalty for giving or taking dowry;
Punishment: Imprisonment for a term which shall not be less than five years and
fine which shall not be less than fifteen thousand rupees or the
amount of dowry, whichever is more.
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- Section 4: Penalty for demanding dowry
Punishment: Imprisonment for a term which shall not be less than 6 months
but which may extend to two years and with fine which may extend to ten
thousand rupees.
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- Section 4A: Ban on Advertisements; Offering a share in property, money,
etc. to lure people to marry their son or daughter.
Punishment: Imprisonment for a term which shall not be less than 6 months
but which extend to 5 years or with fine which may extend to fifteen thousand
rupees.
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- Section 5: Agreement for giving or taking dowry to be void.
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- Section 6: Dowry to be for the benefit of woman or heirs; if given to a
person other than the woman for whom it is given, shall be transferred
within the given time frame.
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- Punishment for non-compliance: Imprisonment which shall not be less than
6 months but which may extend to 2 years or with fine which shall not be
less than 5,000 rupees but which may extend to 10,000 rupees or with both.
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- Section 8-A: Burden of proof shall be on the person who has been
prosecuted under Section 3 or 4 that he had not committed the said offence.
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- Section 9: Power of Central Government to make rules. In furtherance of
this power, the Central Government enforced rules with respect to
preparation and maintenance of list of presents received by the bride and
bridegroom at the time of marriage. These rules are known as the Dowry
Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom)
Rules, 1985.
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The Prohibition of Child Marriage Act, 2006
As old age custom as it seems, the draconian practice of child marriage is still
prevalent in India, especially in the poor families of India. This Act was
commenced on 10th January 2007 for prohibition of solemnisation of child
marriages in India. The Act consists of 21 sections, Section 21 repealing the
earlier Act i.e. the Child Marriage Restraint Act, 1929. The term Child under
this Act has been defined as a Male, who has not attained the age of 21 years,
and a female who has not attained the age of 18 years. This Act deals with
marriages in which either or both the parties are child at the time of
solemnisation of Marriage.
Important Sections:
Section 3: Child Marriage to be voidable at the option of contracting party
being a child. The Child after attaining the age of majority, shall within 2
years may file a petition for decree of nullity of marriage, or if he/she is
minor, the petition can be filed through Child Marriage Prohibition officer.
- Section 4: Provision for maintenance and residence to female contracting
party to child marriage.
- Section 5: Custody of Maintenance of children of child marriages
- Section 6: Children born out of child marriage would be legitimate
- Section 9: Punishment for male adult (18 years or above) marrying a
child.
Punishment: Rigorous imprisonment for a term which may
extend to two years or with fine which may extend to one lakh
rupees, or with both.
- Section 10: Punishment for solemnising a child marriage
Punishment Rigorous imprisonment for a term which may
extend to two years or with and shall also be liable for fine
which may extend to one lakh rupees.
- Section 11: Punishment for permitting or promoting solemnisation of child
marriages
Punishment: Rigorous imprisonment for a term which may
extend to two years or with and shall also be liable for a fine which may
extend to one lakh rupees.
- Section 12: Marriage of Minor child to be void in certain circumstances
i.e. if he/she is taken or enticed out of the custody of lawful guardian; by
force compelled to go from any place or; sold for the purpose of marriage or
sold or trafficked for immoral purposes.
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The Protection of Women from Domestic Violence Act, 2005
This Act is a special law framed for the protection of rights of women
guaranteed under the Constitution of India who are victims of violence taking
place in household and related matters. Commenced on 13th September, 2005 this
Act contains 37 Sections. Section 3 of the Act defines Domestic Violence which
includes an act in order to harm or injure the life, health, safety, etc. of the
aggrieved person and includes causing physical abuse, sexual abuse, verbal and
emotional and economic abuse.
Other Important Sections:
- Section 5: Duties of police officers, service providers and magistrate
- Section 9: Duties and functions of Protection officers
- Section 12: Application to Magistrate by the aggrieved person. This
section makes it mandatory for the Magistrate to dispose of such application
within 60 days from the day of its first hearing.
- Section 16: Proceedings to be held in camera
- Section 17: Right to reside in a shared household
- Section 18: Protection orders
- Section 31: Penalty for breach of protection order by Respondent
Punishment: Imprisonment for a term which may extend to
one year or fine which may extend to twenty thousand
rupees, or both.
- Section 33: Penalty for not discharging duty by Protection Officer
Punishment: Imprisonment for a term which may extend to
one year or fine which may extend to
twenty thousand rupees, or both.
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The Motor Vehicles Act, 1988
The Motor Vehicles Act, 1988 was enacted by the Parliament to regulate all the
aspects of road transport vehicles. It covers detailed provision on licensing of
the drivers and conductors, registration of motor vehicles, the provision on
controlling their permits, traffic regulation, related insurance, liabilities,
and penalties. The Act consists of 217 Sections and two Schedules.
The Motor Vehicle Amendment Act of 2019 increased the amount of penalty
imposable under the Act.
Important Sections:
- Section 177: General Provision for punishment of offence
(Section 129 wearing helmet, Section 130 Not carrying documents), etc.
Punishment: Fine of Rs. 100 for first offence, then 300 rupees
After 2019: 500 rupees for first offence, then 1500 rupees
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- Section 180: Allowing unauthorised persons to drive vehicles
Punishment: Imprisonment which may extend to 3 month or fine which may extend to
1000 rupees, or both;
After 2019: Fine increased to 5,000 rupees.
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- Section 181: Driving vehicles in contravention of Section 3 or 4
(Driving licence and age limit of driving)
Punishment: Imprisonment which may extend to 3 month or fine which may extend to
500 rupees, or both;
After 2019: Fine increased to 5,000 rupees
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- Section 183: Driving at excessive speed, etc. in contravention of
Section 112
Punishment: Fine for amount of 400, if again convicted: 1000 rupees
After 2019: In case of light motor vehicle: 1,000-2000 rupees
In case of heavy vehicle: 2,000-4,000 rupees
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- Section 184: Driving dangerously
Punishment: Imprisonment for a term which may extend to 6 months or fine which
may extend to one thousand rupees or both. In case of subsequent offence
committed within 3 years from commission of first offence, imprisonment for a
term which may extend to 2 years or fine which may extend to two thousand rupees
or both.
After 2019: Imprisonment for a term which may shall not be less than 6 months
but which may extend to one year or fine which shall not be less than one
thousand rupees but may extend to five thousand rupees or both.
For subsequent offence: Fine which may extend to 10,000 rupees in place of 2,000
rupees.
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- Section 185: Driving by a drunken person or by a person under the
influence of drugs
Punishment: Imprisonment for a term which may extend to 6 months or fine which
may extend to two thousand rupees or both. In case of subsequent offence
committed within 3 years from commission of first offence, imprisonment for a
term which may extend to 2 years or fine which may extend to three thousand
rupees or both.
After 2019: Fine increased to 10,000 rupees
In case of subsequent offence: Fine increased to 15,000 rupees (The time
difference between first offence and subsequent offence has been omitted)
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- Section 186: Driving when mentally or physically unfit to drive
Punishment: Fine which may extend to two hundred rupees; in case of subsequent
offence, may extend to 500 rupees
After 2019: Fine which may extend to one thousand rupees; in case of subsequent
offence, may extend to 2000 rupees
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- Section 203: Breath tests
The abovementioned Minor Acts specifically deal with various offences such as
domestic violence, road accidents, child marriages etc. These Minor Acts bring
about clarity in the punishments, procedure for taking cognizance, etc. in the
offences dealt in the minor acts. There are other minor acts which are of great
significance such as the Prevention of Corruption Act, the prevention of cruelty
to animals act, etc.
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