About

  

v  Mr. Narender Pal Bhardwaj is a professional and is a first generation lawyer. Enrolled with State Bar Counsel, which is common for the state of Punjab, Haryana & Union Territory of  Chandigarh, he is entrusted as  permanent member of “Bar Association of the Punjab & Haryana High Court at Chandigarh”. He has an adequate experience in diverse fields of law and has  deftly contested more than one thousand civil/criminal/writ cases within appellate and original jurisdiction and ensuingly has proved winnability via numerous outstanding judgments in his favour.  Besides having earned the degree of LL.B from “Campus Law Centre” (CLC), University of Delhi. Mr. Bhardwaj has widened his knowledge base with some pertinent complementing certificates viz. Post Graduate Diploma in “Human Rights” from Indian Law Institute, Deemed University, New Delhi; P.G. Diploma in Parliamentary procedure and institutional studies from Vithal Bhai Patel Institution of Constitutional and Parliamentary Studies, New Delhi. Being a law graduate, he was fortunate enough to get engaged in lectures & speeches about relevance and significance of Punjab Police Rules & Police Reforms to the police trainees/officials at Haryana Police academics at Madhuban District Karnal. During his academics, he also participated in Human Right Counsel of the Model United Nation Convention as delegate of Iraq in St. Stephens College university of Delhi and in Economic & Social Counsel of the Model United Nation Convention as delegate of Georgia in Birla Institute of Technology and Science at Pilani (BITS Pilani), Rajasthan. 

Basic of Civil and Criminal Law

CIVIL LAW: It deals with cases where civil rights of an individual or group(s) is in dispute.  The scope & applicability of civil law is very wide. Almost everything in the world is comprised within & governed by civil law. In India there are millions of civil law legislations governing Human relation(s) like issue related to Birth, Death, Citizenship, Domicile, Ownership rights, Marriage, Divorce, parentage, adoption, Custody of child, Inheritance, Property (moveable & immovable)  includes Land (Agricultural, Commercial, Residential, land Acquisition), Partition, will, Gifts, Company , Firm, Society, Trust, Service/ labor / employment ( Contractual, Work Charge, Regular, Daily wager, Temporary), sale, agreement, Lease/Tenancy, License, Mortgage, Railway disputes, Airlines dispute, Road- Transport disputes, Law of Tort, Mines, Water Course, Drainage, Pollution, Rivers, Canals, Irrigation, Municipality, Corporation, Town and country Planning, Panchayat, Zila Parishad, Arbitration, Conciliation, Mediation, Architects, Engineers, Advocates, Doctors, Elections, Industrial Designs, Copy Rights, Trade Marks, Tribunals, Commissions,  General and Specific Power of attorney, Implementations and enforcement of various state policies, Taxations, Factory  etc.  

Law of Tort is still not codified in India. However, there are certain legislations in India which in actual are derived/inspired from law of Tort. These legislations are like Motor Accident claim tribunal Act, 1988, Consumer Protection Act, 1986 etc.  These legislations are meant for granting compensation on account of civil wrong committed by someone.

CRIMINAL LAW:  It deals with offence(s)/ crime against the state/individual.  The scope & applicability of criminal law is restricted and confined to only few legislations contrary to the civil law. Indian Criminal Laws are divided into three major acts i.e. Indian Penal Code, 1860, Code of Criminal Procedure, 1973 and Indian Evidence Act, 1872. Besides these major acts, special Criminal Laws are also passed by Indian Parliament i.e.

                    I.             Indian Penal Code, 1860 (IPC).

                  II.            Arms Act, 1959

                III.            Information Technology Act, 2008 (IT Act)

                IV.            The Protection of Children from Sexual Offences Act, 2012. 

                  V.            Narcotics and psychotropic substances Act, (NDPS Act).

              VI.            Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994.

            VII.            Prevention of Corruption Act

         VIII.              Food Adulteration Act

              IX.               Dowry Prevention Act

                X.              Jail Manual

              XI.              Punjab police Rules

                           Etc.

Indian Penal Code(IPC) was passed under the chairmanship of Lord Macaulay and was enforced in 1862, Lord Macaulay issued clarification for the people of India for implementation of this Code, because people were of the view that rule of Capital Punishment will be misused against them. Further more people were against foreign rule on Indian people.

Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts.

DIFFERENCE BETWEEN CODE & ACT:-

DIFFERENCE BETWEEN CODE & ACT:-

Code means exhaustive & complete in itself. Act relates to specific area and not complete in itself. Initially all the crimes were enshrined under the Indian Penal Code. There were no separate legislation dealt with types of offences and punishment. But with the passage of time, technology improved and new resources and techniques come into existence. Thereafter, latest offences which were not part of IPC were covered by separate legislations as detailed above. Therefore, now there are numerous offences which are beyond the preview of IPC and which were enacted under separate legislations. Hence, now the IPC has lost its relevance as a code and it has merely become an Act, Therefore parliament ought to change its name from Indian Penal code to Indian penal Act.