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Legal glossary

Plain-language definitions of Indian legal terms — IPC, CrPC, CPC, Contract Act, Companies Act, and more. 60 terms in the current locale.

A

Anticipatory Bail
Bail granted in advance of arrest under §438 CrPC, to a person apprehending arrest on accusation of a non-bailable offence.
Arbitral Award
The final decision of an arbitral tribunal, equivalent to a court decree. Challengeable under §34 of the Arbitration and Conciliation Act, 1996 on limited grounds.
Arbitration
An alternative dispute resolution mechanism where parties refer a dispute to one or more arbitrators whose award is generally binding. Governed in India by the Arbitration and Conciliation Act, 1996.
Article 14 of the Constitution
Right to equality before law and equal protection of laws within Indian territory.
Article 19 of the Constitution
Six freedoms guaranteed to all citizens: speech and expression, peaceful assembly, association, free movement, residence, and profession — subject to reasonable restrictions.
Article 21 of the Constitution
"No person shall be deprived of his life or personal liberty except according to procedure established by law." Interpreted broadly to include right to privacy, dignity, health, environment etc.
Article 226 of the Constitution
Empowers High Courts to issue writs for enforcement of fundamental rights and "for any other purpose" — wider scope than Article 32.
Article 32 of the Constitution
The right to move the Supreme Court directly for enforcement of fundamental rights. Called by Dr. Ambedkar "the heart and soul of the Constitution".

B

Bail
The release of an accused person from custody on furnishing security (cash, surety, or both) that they will appear before the court when required.

C

CNR (Case Number Record)
A 16-digit unique identifier assigned to every case in Indian district and subordinate courts under the eCourts services. Lets users track case status online.
Cause List
The daily list of matters scheduled for hearing in a court. Published one day in advance.
Cheating (§415 IPC / §316 BNS)
Whoever, by deceiving any person, fraudulently induces them to deliver any property, or to do or omit anything that they would not otherwise do or omit, and which causes damage in body, mind, reputati
Cognizable Offence
An offence for which a police officer may arrest without a warrant, listed in the First Schedule of the CrPC. Examples: murder, rape, theft.
Conciliation
An ADR process similar to mediation but the conciliator may suggest terms of settlement. Governed by Part III of the Arbitration and Conciliation Act, 1996.
Criminal Breach of Trust
When a person entrusted with property dishonestly misappropriates it or uses it in violation of the trust. §405 IPC / §316 BNS.
Cross-examination
Examination of a witness by the adverse party after the witness has been examined by the party calling them. §137 Evidence Act / Section 145 BSA.
Culpable Homicide
Causing of death by an act done with intent to cause death, or with intent to cause such bodily injury as is likely to cause death, but not amounting to murder. §299 IPC / §100 BNS.

D

Decree
The formal expression of an adjudication that conclusively determines the rights of the parties with regard to all or any of the matters in controversy in a suit. §2(2) CPC.
Directive Principles of State Policy
Part IV (Articles 36–51) of the Constitution. Not enforceable in courts but fundamental in governance.

F

FEMA (Foreign Exchange Management Act)
The 1999 Act that consolidates and amends Indian law relating to foreign exchange, with the objective of facilitating external trade and orderly forex market development.
First Information Report (FIR)
A written document prepared by the police on receiving information about the commission of a cognizable offence, recorded under §154 of the Code of Criminal Procedure, 1973.
Fundamental Duties
Article 51A of the Constitution lists 11 fundamental duties of citizens, added by the 42nd Amendment 1976 (and one by the 86th Amendment 2002).

G

GST (Goods and Services Tax)
An indirect tax in India that came into force on 1 July 2017 by way of the 101st Constitutional Amendment. Subsumes most pre-existing indirect taxes.
General Power of Attorney (GPA)
An instrument empowering another person to act on one's behalf in legal or financial matters. Property transfer through GPA alone was severely restricted by Suraj Lamp v. State of Haryana (2011).

H

Habeas Corpus
A writ requiring a person under arrest to be brought before a judge or court. Used to release an unlawfully detained person.
Hindu Marriage Act, 1955
Codifies law relating to marriage among Hindus (including Sikhs, Jains, Buddhists by extension). Governs conditions of marriage, divorce, maintenance, custody.
Hostile Witness
A witness who, in the opinion of the court, does not appear to be telling the truth or who is adverse to the party who called them. The party may, with court's permission, cross-examine them.

I

IBC (Insolvency and Bankruptcy Code, 2016)
Consolidates and amends laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner.
IPC → BNS transition
On 1 July 2024, three new criminal laws came into force: Bharatiya Nyaya Sanhita (BNS) replacing IPC, Bharatiya Nagarik Suraksha Sanhita (BNSS) replacing CrPC, and Bharatiya Sakshya Adhiniyam (BSA) re

J

Judgment
The statement given by a judge of the grounds of a decree or order. §2(9) CPC.

L

Limitation
The period beyond which a legal action cannot be initiated, set out in the Limitation Act, 1963. Time limits vary by cause of action.
Lok Adalat
A statutory dispute resolution forum under the Legal Services Authorities Act, 1987. Decisions are deemed to be decrees of a civil court, with no appeal.

M

Mandamus
A writ issued by a higher court to a public authority directing it to perform a public or statutory duty that it has failed to do.
Mediation
A voluntary dispute resolution process where a neutral mediator helps parties reach a mutually acceptable settlement. Recognised under the Mediation Act, 2023.
Memorandum of Understanding (MoU)
A formal document expressing a mutual understanding between two or more parties. Typically not legally binding unless drafted to constitute a contract.
Muslim Personal Law (Shariat) Application Act, 1937
Mandates that Muslim Personal Law applies to Muslims in matters of marriage, divorce, succession, etc., where parties are Muslim.

N

NCLT (National Company Law Tribunal)
Quasi-judicial body that adjudicates issues relating to Indian companies under the Companies Act 2013 and the IBC 2016.
Non-cognizable Offence
An offence for which a police officer cannot arrest without a warrant from a magistrate. Generally less serious offences such as defamation or causing simple hurt.

P

PAN (Permanent Account Number)
A ten-character alphanumeric identifier issued by the Income Tax Department to every taxpayer in India.
POSH Act (Prevention of Sexual Harassment of Women at Workplace Act, 2013)
Mandates every workplace with 10+ employees to constitute an Internal Complaints Committee (ICC) to handle complaints of sexual harassment.
PWDV Act (Protection of Women from Domestic Violence Act, 2005)
A civil law providing for protection orders, residence orders, monetary relief, custody orders, and compensation to women facing domestic violence from any person with whom they are in a domestic rela
Plaint
A written statement of the plaintiff's claim filed under Order VII CPC. The first step in a civil suit.
Public Interest Litigation (PIL)
A litigation introduced in court to protect public interest, not necessarily by the aggrieved party. Recognised by the Supreme Court in cases like S.P. Gupta v. Union of India (1981).

R

RERA (Real Estate Regulatory Authority)
Statutory body under the Real Estate (Regulation and Development) Act, 2016. Each state has its own authority to protect home-buyers and regulate the real estate sector.
Res Judicata
A doctrine under §11 CPC that a matter already adjudicated by a competent court cannot be re-litigated by the same parties.

S

SARFAESI Act, 2002
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act. Lets banks and FIs enforce security interests without court intervention for NPA accounts.
Section 125 CrPC Maintenance
A summary remedy by which a wife, child, or parent unable to maintain themselves may claim monthly maintenance from a person legally obliged to maintain them. Secular — applies irrespective of religio
Section 138 of the Negotiable Instruments Act
Makes the dishonour of a cheque due to insufficient funds a criminal offence punishable with up to 2 years imprisonment or fine up to twice the cheque amount.
Section 302 IPC (now Section 103 BNS)
Punishment for murder — death or imprisonment for life, and fine.
Section 307 IPC (now Section 109 BNS)
Punishment for attempt to murder. Punishable with up to 10 years imprisonment; if hurt is caused, with imprisonment for life.
Section 377 IPC (now revised by Navtej Singh Johar v. UoI)
Originally criminalised consensual same-sex acts. Read down by the Supreme Court in 2018 (Navtej Johar) as unconstitutional insofar as it criminalised consensual adult relations.
Section 406 IPC (now Section 316 BNS)
Punishment for criminal breach of trust. Imprisonment up to 3 years or fine or both.
Section 498A IPC (now Section 84 BNS)
A criminal provision against cruelty to a married woman by her husband or his relatives, especially in connection with dowry. Punishable with up to 3 years imprisonment.
Special Marriage Act, 1954
Provides a special form of civil marriage and divorce for citizens of India and Indians abroad regardless of religion or faith.
Specific Relief
A remedy under the Specific Relief Act, 1963 by which the court compels performance of an obligation rather than awarding damages. Particularly important in contract enforcement.
Summon
A document issued by a court calling upon a party or witness to appear before it on a specific date.

T

TDS (Tax Deducted at Source)
Income tax deducted at the time of payment of certain incomes such as salary, interest, rent, professional fees, by the payer and deposited with the government on behalf of the payee.

V

Vakalatnama
A document filed by a party to a legal proceeding authorising an advocate to represent them in court. Sometimes spelled vakalatnaama.

W

Writ
A formal written order issued by a court under Article 32 (Supreme Court) or Article 226 (High Court) of the Constitution. Five types: habeas corpus, mandamus, prohibition, certiorari, quo warranto.
Written Statement
The defendant's reply to the plaint, filed within 30 days (extendable to 90), under Order VIII CPC.