Difference between Code and Act | Basics of law | अधिनियम और संहिता
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- Опубліковано 29 сер 2024
- #code #act #criminal #law #basics #legal #advocate_kriti
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Today’s topic !
What is the difference between Code and Act ?
Why Act is written in some laws and code is written in some laws.
Like Indian Penal Code, Code of Criminal Procedure, Civil Procedure Code.
But in the maximum laws we have, there the word is ‘Act’
Like Right to Information Act 2005, Indian contract Act 1872, Indian Evidence Act 1872, Citizenship Amendment Act 2019 and many more.
To know the difference, first we have to see the process of law making in India
A draft is drafted and placed before parliament. After that it is passed by both Houses of Parliament, it is sent before the President to obtain his assent.
As soon as the President gives assent, the drafted bill becomes Act.
Likewise, Citizenship Amendment Bill 2019 was introduced by Home Minister, Amit Shah. And later on after the whole procedure of passing the bill in both the Houses of Parliament, and obtaining the assent of the president bill becomes Act like in this case, Citizenship Amendment Act 2019.
Therefore, when law is made by adopting a certain defined procedure, it is called as an ‘Act’.
On the other hand, whenever a law has already come into force, through some stipulations or some practice. Whenever those laws gathered together, we call this method as codification.
The laws that already exist in the society, and gathered together for the reason of codification, the laws come from this method is called ‘Code’.
Therefore, when Britishers came to India. Many laws were in force at that time.
At that time, there was no uniform law, Hindus were governed by Hindu law and Muslims were governed by Shariah Mohammedan Laws as same with other religious community.
Due to this, problem arises when two different community people commit crime against third community, then in that case which law will be applicable.
So britishers brought English Common law with them. And in 1834 first law Commission was formed headed by Mr. Lord Macaulay.
He did the procedure of codification. He gathered the laws, codified, texted, and that’s how I.P.C Indian Penal Code is made.
code banane ki process kya hai abhi banna hai to custom usase jo aapne bola wo bhi explain kijiye
Custom banane se pehele wo cheez usage hoti hai.. bht lambe samay tak use karne ke baad wo custom banta hai .. to custom and usage jo society me use law ki recognition milti hai agar wo lawful hai, not oppose to public policy hai .. unlike sati pratha ..
Ab society me partnership Act or sales Act banane se pehele .. kuch customs the ki sale in particular goods ki is tareeke se hi hoti hai .
Delivery ka ek procedure hai .. or partnership me liability ka custom tha ki jo act kar raha hai usi ki liability mani jati thi . Ab usi ko law ne recognise kiya and act me include kar diya ..
Ab baat ati hai code ki .. before 1973 .. Crpc ke alg alg law the ..
Muffocil courts ke liye alg
Presidency town ke liye alg
SC or HC dono ke liye alg ..
To itne alg alg laws existence me the .. unhe compile kar ke ek law banaya jo sab jagah apply hoga .. har court me same process follow hoga .. baki kisi law ke regarding aesa nhi tha .. ki har court or territory ke liye alg alg law tha .. agr hota to code banta ..
Ab present me har state ka rent control or local laws different hai .. legislation chahe to unhe compile kar ke code bana sakti hai .. unki discretionary powers hai .. agr zroort padti hai .. nhi to jesa chal rha hai chalta rahega
Lord maculay ji no Great His Higneess Lord pujniy Maculay ji
code abhi banate hai ki nhi
Ab generally kisi ek topic ya concept par ek lae hi hai .. and agr ek se zyada nhi hai to consolidate nhi honge and code bhi nhi bante .. baki legislation ki discretion hai .. kuch topics or concepts ko compile kar ke wo code bana sakte hai