3 ms·
Legalised is more or less correct in this case. Decriminialising something means it could still be illegal, as a civil offense. Importantly, like the US, UK an
by cknight 8y ago
Legalised is more or less correct in this case. Decriminialising something means it could still be illegal, as a civil offense.
Importantly, like the US, UK and Australia, India is a "Common Law" nation. That means court rulings set binding legal precedents which can only be overruled by higher courts or actual legislation introduced later. In short: A judgement becomes law.
This is opposed to "Civil Law" societies (most of the rest) where court rulings do not set legal precedent, and might only be "persuasive" to other judges in other cases. Plenty of exceptions depending on the country, which court, etc. but that's a general overview.
Perhaps for people from Civil Law countries it would be odd to hear that a court has legalised something.