Indian Legal Glossary
50+ essential legal terms explained in plain English — BNS/BNSS/BSA 2023, bail types, property law, court hierarchy, and procedural vocabulary.
Bail
Anticipatory Bail
Pre-arrest bail granted by Sessions Court or High Court under BNSS Section 482 (formerly CrPC 438). Protects a person from arrest before it happens. Can continue until end of trial (Sushila Aggarwal 2020).
Regular Bail
Bail granted after arrest by Magistrate (bailable offences) or Sessions Court/High Court (non-bailable offences) under BNSS Section 480/483.
Default Bail (Statutory Bail)
Indefeasible right to bail when police fail to file chargesheet within 60/90 days of arrest. Governed by BNSS Section 187/530 (formerly CrPC 167(2)). Cannot be denied regardless of offence severity.
Section 37 NDPS (Twin Conditions)
Special bail provision for drug cases requiring the court to be satisfied that (a) the accused is NOT guilty AND (b) will not commit offence while on bail. Applies to intermediate and commercial quantity.
Section 45 PMLA (Twin Conditions)
Similar to NDPS Section 37 — twin conditions for bail in money laundering cases. Accused must show reasonable grounds for believing NOT guilty. Upheld in Vijay Madanlal (2022).
Commercial Law
Section 138 NI Act (Cheque Bounce)
Criminal offence of cheque dishonour for insufficient funds. Punishment: up to 2 years + fine up to 2x cheque amount. Deadlines: 30 days (notice) + 15 days (payment) + 30 days (filing).
CIRP (Corporate Insolvency Resolution Process)
IBC procedure triggered by Section 7 (financial creditor) or Section 9 (operational creditor) application. Max 330 days. CoC votes on resolution plan by 66% majority.
SARFAESI
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. Allows banks to recover NPAs without court intervention. Section 13 notice → possession → auction.
Arbitration (Section 9)
Interim measures before/during arbitration under Arbitration Act 1996. Court can grant injunctions, asset freezes, property preservation. Post-2015: restricted after tribunal constitution (Section 9(3)).
Constitutional Law
Writ Petition (Article 226)
Application to High Court for enforcement of fundamental or legal rights. Five types: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto. Part of basic structure (L. Chandra Kumar 1997).
PIL (Public Interest Litigation)
Petition filed in SC (Article 32) or HC (Article 226) for public benefit — not personal gain. Relaxed standing. Used for environmental, prisoner rights, governance issues.
Article 21
Right to life and personal liberty. The most expansive fundamental right — includes right to privacy (Puttaswamy 2017), right to dignity, right to clean environment, right to speedy trial.
Habeas Corpus
Writ meaning 'produce the body.' Filed when a person is illegally detained. The detainer must produce the person before court and justify the detention. No delay bar — liberty trumps laches.
Court Hierarchy
Supreme Court of India
Apex court. Original jurisdiction (Article 32), appellate jurisdiction, advisory jurisdiction. Judgments binding on all courts. Located in New Delhi.
High Court
Highest court in each state. Writ jurisdiction (Article 226), appellate jurisdiction, supervisory jurisdiction. 25 High Courts across India.
Sessions Court
Principal criminal court at district level. Tries offences punishable with death, life imprisonment, or 7+ years. Also hears bail applications for serious offences.
JMFC (Judicial Magistrate First Class)
Magistrate court trying offences punishable up to 3 years (summary) or 7 years (regular trial). Handles Section 138 cheque bounce cases and most criminal complaints.
NCLT (National Company Law Tribunal)
Specialised tribunal handling insolvency (IBC), company disputes, and mergers. 15 benches across India. Appeals to NCLAT, then Supreme Court.
MACT (Motor Accident Claims Tribunal)
Tribunal adjudicating motor accident compensation claims under MV Act Section 166. Uses Sarla Verma multiplier and Pranay Sethi formula.
Criminal Procedure
FIR (First Information Report)
The first written document prepared by police when they receive information about a cognizable offence. Governed by BNSS Section 173 (formerly CrPC 154). Registration is mandatory for cognizable offences.
Cognizable Offence
An offence in which police can arrest without a warrant and investigate without Magistrate's permission. Examples: murder, robbery, cheating, assault.
Non-Cognizable Offence
An offence where police cannot arrest without warrant and cannot investigate without Magistrate's order. Examples: defamation, minor mischief below Rs 5,000.
Chargesheet
Police report filed before Magistrate after completing investigation, containing evidence against the accused. Filed under BNSS Section 193 (formerly CrPC 173). Must be filed within 60/90 days to prevent default bail.
Quashing
Cancellation of an FIR or criminal proceedings by the High Court using inherent powers under BNSS Section 528 (formerly CrPC 482). Seven grounds established in Bhajan Lal (1992).
Remand
Judicial order authorising continued detention of an arrested person. Police custody: max 15 days. Judicial custody: renewable every 14 days. Governed by BNSS Section 187.
Zero FIR
FIR registered at any police station regardless of territorial jurisdiction. Codified in BNSS Section 173(1). Transferred to jurisdictional station within 24 hours.
Evidence
BSA Section 63 (Electronic Evidence)
Provision governing admissibility of electronic records (formerly IEA 65B). Certificate mandatory for secondary electronic evidence. Hash value preservation recommended. Arjun Panditrao (2020) settled the law.
Section 139 NI Act (Presumption)
Statutory presumption that a cheque was issued for legally enforceable debt. Once holder proves cheque + dishonour, burden shifts to drawer to prove otherwise.
Dying Declaration
Statement made by a person who is about to die, relating to the cause of their death. Admissible without oath under BSA Section 26. Can be sole basis for conviction if found reliable.
Family Law
Maintenance (BNSS 144)
Monthly financial support ordered by court for wife, children, or elderly parents. Governed by BNSS Section 144 (formerly CrPC 125). Typically 20-30% of husband's income.
Mutual Consent Divorce (Section 13B HMA)
Divorce by agreement of both spouses under Hindu Marriage Act Section 13B. Requires 1 year separation. 6-month cooling period (waivable after Amardeep Singh 2017).
498A / BNS 85
Criminal offence of cruelty by husband or his relatives against the wife. Punishment: up to 3 years. Cognizable, non-bailable, but not compoundable (quashable on settlement).
Domestic Violence (DV Act)
Protection of Women from Domestic Violence Act 2005. Civil remedy — protection orders, residence rights, monetary relief, custody. Faster than 498A for immediate relief.
New Criminal Laws
BNS (Bharatiya Nyaya Sanhita)
India's new criminal code replacing IPC 1860, effective July 1, 2024. Contains 358 sections covering all substantive criminal offences.
BNSS (Bharatiya Nagarik Suraksha Sanhita)
India's new criminal procedure code replacing CrPC 1973, effective July 1, 2024. Contains 531 sections governing investigation, trial, and bail procedure.
BSA (Bharatiya Sakshya Adhiniyam)
India's new evidence law replacing the Indian Evidence Act 1872, effective July 1, 2024. Contains 170 sections with expanded electronic evidence provisions.
Concordance Map
Section-by-section mapping between old laws (IPC/CrPC/IEA) and new laws (BNS/BNSS/BSA). NyayaVeda maintains a 1,233-row concordance covering all commonly cited provisions.
Procedure
Order 39 CPC (Temporary Injunction)
Court order restraining a party from doing something (or directing them to do something) during the pendency of a suit. Three-pillar test: prima facie case + balance of convenience + irreparable injury.
Section 34 Specific Relief (Declaration)
Suit seeking court's declaration of a legal right or status. Example: 'Plaintiff is declared owner of Plot X.' Must seek consequential relief (possession/cancellation) if available.
Summary Trial (BNSS 283)
Expedited trial for minor offences (up to 2-3 years punishment). Evidence recorded in substance (not verbatim). NI Act Section 143: mandatory for cheque bounce cases ≤ Rs 5 lakhs.
Lok Adalat
Alternative dispute resolution forum under Legal Services Authorities Act. Awards have force of civil court decree. No appeal. No court fees. Handles motor accident, matrimonial, labour, and utility disputes.
Property Law
Sale Deed
Registered document that transfers ownership of immovable property from seller to buyer. Must be registered under Section 17 of the Registration Act 1908.
Agreement to Sell
Executory contract promising future sale of property. Does NOT transfer ownership — only creates a right to purchase. Specific performance suit enforces it.
Mutation
Change of name in revenue records (land records) after property transfer, inheritance, or partition. Done at Tehsildar/SDM office. Does not confer title — only reflects title change.
Encumbrance Certificate (EC)
Certificate from the Sub-Registrar showing all registered transactions on a property for a specified period. Essential for verifying clear title before purchase.
Lis Pendens
Doctrine under Section 52 Transfer of Property Act — during pendency of a suit, the property cannot be transferred to defeat the other party's rights. Attaches automatically on filing.
Specific Performance
Court-ordered enforcement of a contract — compelling the defaulting party to perform their obligation (e.g., execute sale deed). Post-2018 amendment: mandatory, not discretionary.
Partition
Division of jointly owned property among co-owners. Can be by mutual agreement (oral or written) or by court decree. Two-stage: preliminary decree (shares) → final decree (physical division).
Power of Attorney (POA)
Legal document authorising one person to act on behalf of another. GPA (general) vs SPA (specific). After Suraj Lamp (2012 SC), GPA sales do NOT transfer property title.
Stridhan
Property belonging to a Hindu woman — gifts received before, during, or after marriage from parents, relatives, or husband. The woman has absolute ownership. Must be returned upon demand.
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