Article 13 in The Constitution Of India 1949

13. Laws inconsistent with or in derogation of the fundamental rights

(1) All laws in force in the territory of India immediately before the commencement of this
Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent
of such inconsistency, be void
(2) The State shall not make any law which takes away or abridges the rights conferred by this
Part and any law made in contravention of this clause shall, to the extent of the contravention, be
void
(3) In this article, unless the context otherwise requires law includes any Ordinance, order, bye
law, rule, regulation, notification, custom or usages having in the territory of India the force of
law; laws in force includes laws passed or made by Legislature or other competent authority in
the territory of India before the commencement of this Constitution and not previously repealed,
notwithstanding that any such law or any part thereof may not be then in operation either at all or
in particular areas
(4) Nothing in this article shall apply to any amendment of this Constitution made under Article
368 Right of Equality
Article 14 in The Constitution Of India 1949
14. Equality before law The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India Prohibition of discrimination on grounds
of religion, race, caste, sex or place of birth
Article 19 in The Constitution Of India 1949
19. Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practise any profession, or to carry on any occupation, trade or business
(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or
prevent the State from making any law, in so far as such law imposes reasonable restrictions on
the exercise of the right conferred by the said sub clause in the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign States, public order,
decency or morality or in relation to contempt of court, defamation or incitement to an offence
(3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing law in so
far as it imposes, or prevent the State from making any law imposing, in the interests of the
sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the
right conferred by the said sub clause
(4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing law in so
far as it imposes, or prevent the State from making any law imposing, in the interests of the
sovereignty and integrity of India or public order or morality, reasonable restrictions on the
exercise of the right conferred by the said sub clause
(5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing, reasonable
restrictions on the exercise of any of the rights conferred by the said sub clauses either in the
interests of the general public or for the protection of the interests of any Scheduled Tribe
(6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so
far as it imposes, or prevent the State from making any law imposing, in the interests of the
general public, reasonable restrictions on the exercise of the right conferred by the said sub
clause, and, in particular, nothing in the said sub clause shall affect the operation of any existing
law in so far as it relates to, or prevent the State from making any law relating to,
(i) the professional or technical qualifications necessary for practising any profession or carrying
on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any
trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or
otherwise
Article 21 in The Constitution Of India 1949
21. Protection of life and personal liberty No person shall be deprived of his life or personal
liberty except according to procedure established by law
73. Extent of executive power of the Union
(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend
(a) to the matters with respect to which Parliament has power to make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the government
of India by virtue of any treaty on agreement: Provided that the executive power referred to in
sub clause (a) shall not, save as expressly provided in this constitution or in any law made by
Parliament, extend in any State to matters with respect in which the Legislature of the State has
also power to make laws
(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may,
notwithstanding anything in this article, continue to exercise in matters with respect to which
Parliament has power to make laws for that State such executive power or functions as the State
or officer or authority thereof could exercise immediately before the commencement of this
Constitution Council of Ministers
Article 246 in The Constitution Of India 1949
246. Subject matter of laws made by Parliament and by the Legislatures of States
(1) Notwithstanding anything in clauses ( 2 ) and ( 3 ), Parliament has exclusive power to make
laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this
Constitution referred to as the Union List)
(2) Notwithstanding anything in clause ( 3 ), Parliament, and, subject to clause ( 1 ), the
Legislature of any State also, have power to make laws with respect to any of the matters
enumerated in List III in the Seventh Schedule (in this Constitution referred to as the Concurrent
List)
(4) Parliament has power to make laws with respect to any matter for any part of the territory of
India not included (in a State) notwithstanding that such matter is a matter enumerated in the
State List
Article 253 in The Constitution Of India 1949
253. Legislation for giving effect to international agreements Notwithstanding anything in the
foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any
part of the territory of India for implementing any treaty, agreement or convention with any other
country or countries or any decision made at any international conference, association or other
body
Section 4 in The Indian Penal Code
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[ 4 Extension of Code to extra-territorial offences. —The provisions of this Code apply also to
any offence committed by—
8
[(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be;]
9
[(3) any person in any place without and beyond India committing offence targeting a computer
resource located in India .] 10 [ Explanation .—In this section—
(a) the word “offence” includes every act committed outside India which, if committed in India,
would be punishable under this Code;
(b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-
section (1) of section 2 of the Information Technology Act, 2000.]
Section 188 in The Code Of Criminal Procedure, 1973
188. Offence committed outside India. When an offence is committed outside India-
(a) by a citizen of India, whether on the high seas or elsewhere; or
(b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt
with in respect of such offence as if it had been com- mitted at any place within India at which he
may be found: Provided that, notwithstanding anything in any of the preceding sections of this
Chapter, no such offence shall be inquired into or tried in India except with the previous sanction
of the Central Government.
Section 3 in The Indian Penal Code
3. Punishment of offences committed beyond, but which by law may be tried within, India.—
Any person liable, by any 5 [Indian law] to be tried for an offence committed beyond [India] shall
be dealt with according to the provisions of this Code for any act committed beyond [India] in
the same manner as if such act had been committed within 6 [India].
Section 181 in The Code Of Criminal Procedure, 1973
181. Place of trial in case of certain offences.
(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into
or tried by a Court within whose local jurisdiction the offence was committed or any part of the
property which is the subject of the offence was received or retained, or was required to be
returned or accounted for, by the accused person.
Section 2(1)(ra) in The Prevention of Money-Laundering Act, 2002
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[(ra) “offence of cross border implications”, means—
(i) any conduct by a person at a place outside India which constitutes an offence at that place
and which would have constituted an offence specified in Part A, Part B or Part C of the
Schedule, had it been committed in India and if such person remits the proceeds of such
conduct or part thereof to India; or
(ii) any offence specified in Part A, Part B or Part C of the Schedule which has been
committed in India and the proceeds of crime, or part thereof have been transferred to a place
outside India or any attempt has been made to transfer the proceeds of crime, or part thereof
from India to a place outside India. Explanation .—Nothing contained in this clause shall
adversely affect any investigation, enquiry, trial or proceeding before any authority in respect
of the offences specified in Part A or Part B of the Schedule to the Act before the
commencement of the Prevention of Money-laundering (Amendment) Act, 2009.]

Section 403 in The Indian Penal Code

403. Dishonest misappropriation of property.—Whoever dishonestly mis-appropriates or
converts to his own use any movable property, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both. Illustrations
(a) A takes property belonging to Z out of Z’s possession, in good faith, believing, at any time
when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after
discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an
offence under this section.
(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book
without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent
to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards
sells the book for his own benefit, he is guilty of an offence under this section.
Section 409 in The Indian Penal Code
409. Criminal breach of trust by public servant, or by banker, merchant or agent.—Whoever,
being in any manner entrusted with property, or with any dominion over property in his capacity
of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or
agent, commits criminal breach of trust in respect of that property, shall be punished with
1[imprisonment for life], or with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
Section 415 in The Indian Penal Code
415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the
person so deceived to deliver any property to any person, or to consent that any person shall
retain any property, or intentionally induces the person so deceived to do or omit to do anything
which he would not do or omit if he were not so deceived, and which act or omission causes or is
likely to cause damage or harm to that person in body, mind, reputation or property, is said to
“cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of
this section. Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus
dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A
cheats.
Section 418 in The Indian Penal Code
418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is
bound to protect.—Whoever cheats with the knowledge that he is likely thereby to cause
wrongful loss to a person whose interest in the transaction to which the cheating relates, he was
bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine, or with both.
Section 11 in The Prevention of Corruption Act, 1988
11. Public servant obtaining valuable thing, without consideration from person concerned in
proceeding or business transacted by such public servant.—Whoever, being a public servant,
accepts or obtains or agrees to accept or attempts to obtain for himself, or for any other person,
any valuable thing without consideration, or for a consideration which he knows to be
inadequate, from any person whom he knows to have been, or to be, or to be likely to be
concerned in any proceeding or business transacted or about to be transacted by such public
servant, or having any connection with the official functions of himself or of any public servant
to whom he is subordinate, or from any person whom he knows to be interested in or related to
the person so concerned, shall be punishable with imprisonment for a term which shall be not
less than six months but which may extend to five years and shall also be liable to fine.
Section 13 in The Prevention of Corruption Act, 1988
13. Criminal misconduct by a public servant.—
(1) A public servant is said to commit the offence of criminal misconduct,—
(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person
for himself or for any other person any gratification other than legal remuneration as a motive or
reward such as is mentioned in section 7; or
(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for
any other person, any valuable thing without consideration or for a consideration which he
knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to
be concerned in any proceeding or business transacted or about to be transacted by him, or
having any connection with the official functions of himself or of any public servant to whom he
is subordinate, or from any person whom he knows to be interested in or related to the person so
concerned; or
(c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any
property entrusted to him or under his control as a public servant or allows any other person so to
do; or
(d) if he,—
(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or
pecuniary advantage; or
(ii) by abusing his position as a public servant, obtains for himself or for any other person any
valuable thing or pecuniary advantage; or
(iii) while holding office as a public servant, obtains for any person any valuable thing or
pecuniary advantage without any public interest; or
(e) if he or any person on his behalf, is in possession or has, at any time during the period of his
office, been in possession for which the public servant cannot satisfactorily account, of pecuniary
resources or property disproportionate to his known sources of income. Explanation.—For the
purposes of this section, “known sources of income” means income received from any lawful
source and such receipt has been intimated in accordance with the provisions of any law, rules or
orders for the time being applicable to a public servant.
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment
for a term which shall be not less than one year but which may extend to seven years and shall
also be liable to fine.
Section 45 in The Prevention of Money-Laundering Act, 2002
45. Offences to be cognizable and non-bailable.—
(1) 1[Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),
no person accused of an offence punishable for a term of imprisonment of more than three years
under Part A of the Schedule shall be released on bail or on his own bond unless—]
(i) the Public Prosecutor has been given an opportunity to oppose the application for such
release; and
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are
reasonable grounds for believing that he is not guilty of such offence and that he is not likely to
commit any offence while on bail: Provided that a person who is under the age of sixteen years
or is a woman or is sick or infirm, may be released on bail, if the special court so directs:
Provided further that the Special Court shall not take cognizance of any offence punishable under
section 4 except upon a complaint in writing made by—
(i) the Director; or
(ii) any officer of the Central Government or State Government authorised in writing in this
behalf by the Central Government by a general or a special order made in this behalf by that
Government.
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[(1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of
1974), or any other provision of this Act, no police officer shall investigate into an offence under
this Act unless specifically authorised, by the Central Government by a general or special order,
and, subject to such conditions as may be prescribed.]
(2) The limitation on granting of bail specified in 29 [***] sub-section (1) is in addition to the
limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time
being in force on granting of bail.
241. Application to Tribunal for relief in cases of oppression, etc
(1) Any member of a company who complains that—
(a) the affairs of the company have been or are being conducted in a manner
prejudicial to public interest or in a manner prejudicial or oppressive to him or any
other member or members or in a manner prejudicial to the interests of the company;
or
(b) the material change, not being a change brought about by, or in the interests
of, any creditors, including debenture holders or any class of shareholders of the company, has
taken place in the management or control of the company, whether by
an alteration in the Board of Directors, or manager, or in the ownership of the
company’s shares, or if it has no share capital, in its membership, or in any other
manner whatsoever, and that by reason of such change, it is likely that the affairs of
the company will be conducted in a manner prejudicial to its interests or its members
or any class of members, may apply to the Tribunal, provided such member has a right to apply
under section 244,
for an order under this Chapter.
(2) The Central Government, if it is of the opinion that the affairs of the company are
being conducted in a manner prejudicial to public interest, it may itself apply to the Tribunal
for an order under this Chapter.