Criminal Laws

CRIMINAL LAWS

Apart from three core Criminal Laws i.e., BNS, BNSS, BSA there are other special laws which are dealt by 

Manima Legal LLP:

• Narcotics: Narcotic Drugs      and Psychotropic Substances (NDPS) Act, 1985
• Cybercrime: Information      Technology (IT) Act, 2000
• Corruption: Prevention of      Corruption Act, 1988
• Terrorism:Unlawful      Activities (Prevention) Act (UAPA), 1967
• Women &      Children: POCSO Act, 2012; Protection of Women from Domestic Violence Act,      Dowry Prohibition Act, 1961
• Money      Laundering: Prevention of Money Laundering Act (PMLA), 2002 etc.

•  Title Suits under Transfer of Property Act & Limitation Act : Determining the legal owner based on title deeds.
• Partition Suits under Hindu/Muslim Succession Act: Partitioning ancestral or joint property among legal heirs.
• Eviction Suits under State-specific Rent Control Acts: Recovering possession from tenants or illegal occupants.
• Specific Performance under Specific Relief Act, 1963: Forcing a seller to complete a sale after an agreement is signed.
• RERA Complaints under RERA Act: Handling delays in possession or structural defects by builders.

1. Arbitration: The Arbitration and Conciliation Act, 1996 (Amended 2024/25)

The most significant recent update is the Arbitration and Conciliation (Amendment) Bill, 2024, which effectively renames the parent act to simply the "Arbitration Act"(as Conciliation is now handled by the Mediation Act). 

2. Mediation: The Mediation Act, 2023

This is now the primary law governing mediation in India, replacing the old "Conciliation" provisions of the Arbitration Act.

• Enforceability: A Mediated Settlement Agreement (MSA) is now enforceable just like a court decree. You no longer need to go to court to "prove" the settlement; it is binding the moment it is signed. 
• Time-Bound Process: Mediation must be completed      within 180 days (extendable by another 180 days with party consent). 
• Pre-Litigation Mediation: For most civil and commercial disputes, parties are encouraged (and in some commercial cases, mandated) to attempt mediation before filing a formal lawsuit. 
• Mediation Council of India: This body now regulates      mediators, ensuring they are trained and registered, much like the Bar  Council regulates lawyers. 

3. Conciliation

While historically part of the Arbitration Act, conciliation has been largely subsumed by the Mediation Act, 2023. In the current legal landscape, the terms are often used interchangeably, but the formal statutory process now follows the Mediation Act's "institutional" approach.

4. Lok Adalats

Governed by the Legal Services Authorities Act, 1987, Lok Adalats remain a massive pillar of ADR for the general public.

Finality: There is no appeal against an award passed by a Lok Adalat. 

The Indian Succession Act, 1925

Testamentary Succession under Muslim Law (Shariat)

Under the Registration Act, 1908, registering a Will is optional, not mandatory.

The "Section 138" Liability (Cheque Bounce)

Section 138 remains the most litigated part of this law. It makes the dishonor of a cheque due to "insufficient funds" or "exceeds arrangement" a criminal offense.

• Punishment: Imprisonment up to 2 years, or a fine which may extend to twice the amount of the cheque, or both.
• Recent Procedural Updates (2025-2026): * Mandatory Interim Compensation: Under Section 143A, the court can order the drawer of      the cheque to pay up to 20% of the cheque amount as interim      compensation to the complainant while the trial is still ongoing. 
• Promissory Note (Section 4): A written promise by one person to pay a specific amount to      another.
• Bill of Exchange (Section 5): An unconditional order signed by      the maker directing a person to pay a certain sum to a third party.
• Cheque (Section 6): A bill of exchange drawn on a specified banker and payable on      demand.