Common legal terms

'Indian Penal Code' (IPC)

is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862. It has since been amended several times and is now supplemented by other criminal provisions.

LAW

means rule or command(s) of some definite human authority, the disobedience to which will be followed by some penalty. Legal definition of the term Law is - Rules of conduct that have been approved by the government and which are in force over a certain territory and which must be obeyed by all persons on that territory (eg. the laws of India).

LAW

"A rule of ... conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong." Violation of these rules could lead to enforcement, government reaction such as imprisonment or fine, or private action such as a legal judgment against the offender obtained by the person injured by the action prohibited by law.

REGULATIONS

A law on some point of detail, supported by an enabling statute, and issued not by a legislative body but by an executive branch of government. A regulation is essentially a law but which draws its life not from the decision of a legislative assembly directly but indirectly. A regulation is often passed by the executive branch of government. For example, the federal cabinet meeting in session endorses a regulation. But a regulation has a unique feature: it must draw its authority from a statute. Every regulation must have some statute which enables it.

STATUTES

A statute is a written law passed by a legislature. Statutes set forth general propositions of law that courts apply to specific situations. A statute may forbid a certain act, direct a certain act, make a declaration, or set forth governmental mechanisms to aid society. The written laws approved by legislatures, parliaments or elected or appointed houses of assembly.

STATUTES

The term statute signifies the elevation of a bill from legislative proposal to law. State and federal statutes are compiled in statutory codes that group the statutes by subject. These codes are published in book form and are available at law libraries.

BILL

A proposed statute, not yet approved. It is the draft of proposed law or statute which has been formally tabled before a legislative assembly for consideration. A bill becomes legislation or a statute when the appropriate parliamentary or legislative assembly has approved it by holding a vote and in the result, giving it the requisite number of approval votes.

BILL

A proposed statute, not yet approved. It is the draft of proposed law or statute which has been formally tabled before a legislative assembly for consideration. A bill becomes legislation or a statute when the appropriate parliamentary or legislative assembly has approved it by holding a vote and in the result, giving it the requisite number of approval votes.

ACT

A bill which has passed through the various legislative steps required for it and which has become law.

ORDINANCE

An executive decision of a government which has not been subjected to a legislative assembly (contrary to a statute).

Sub Judice

Latin term which means - under judicial consideration? A matter that is still under consideration by a court; still subject to active litigation.

Prima facie

Latin term which means "at first look," or "on its face". referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. It means on the face of it or at first sight.

SEDITION

Sedition means conduct or language inciting rebellion against the authority of a state, revolution; rebellion. In other words, speech or behavior directed against the peace of a state. Sedition, an incitement to public disorder, is an offence under law.

Under sec. 124A of IPC

Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Under sec. 124A of IPC

Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

A Plaintiff

A plaintiff is the person who initiates a court action by filing a complaint in the court against the defendant(s) demanding damages, performance and/or court determination of rights. A plaintiff is sometimes called a petitioner. The party who begins an action; the party who complains or sues in an action and is named as such in the court's records.

Defendant

The party who has been sued in a civil lawsuit or the party charged with a crime in a criminal prosecution and is defending itself. In some types of cases (such as divorce) a defendant may be called a respondent.

Accused

A person charged with a crime

Acquittal

What an accused criminal defendant receives if he/she is found not guilty. It is a verdict/ a judgment of not guilty.

Affidavit

Any written document in which the signer swears under oath before a notary public or someone authorized to take oaths, that the statements in the document are true.

Defamation

It is an act of making untrue statements about another person which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander. Public figures, including officeholders and candidates, have to show that the defamation was made with malicious intent and was not just fair comment. U/s 499 and 500 of IPC

Evidence

Every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge of alleged facts material to the case. It can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs and depositions (testimony under oath taken before trial). It also includes "circumstantial evidence" which is intended to create belief by showing surrounding circumstances which logically lead to a conclusion of fact.

Prosecution

1) In criminal law, the government attorney charging and trying the case against a person accused of a crime. 2) A common term for the government's side in a criminal case, as in "the prosecution will present five witnesses" or "the prosecution rests" (has completed its case).

Conviction

The result of a criminal trial in which the defendant has been found guilty of a crime.

Code

A collection of written laws gathered together, usually covering specific subject matter. Signifies in general a collection of laws. Thus, a state may have a civil code, penal code, evidence code, labor code, motor vehicle code and taxation code etc.

Incitement to violence

Incitement means Provocation. Incitement to violence means use any word(s) or any act done which provoke others to violence or hatred or rebel.

Affidavit A written statement of facts sworn under oath, based on personal knowledge, not hearsay. Amicus curiae Latin for a friend of the court. The court allows an outside party with an interest in the case to present their views. An information and indictment An information is a sworn statement charging a person with a criminal offence. Usually the first document presented to a judge of a lower court. An indictment is an information written for a higher court (e.g., superior court).
Appellant The party appealing a decision; the other party is the respondent.

Circumstantial evidence A consistent set of facts that do not directly prove the case but, by deduction, tend to lead one to a conclusion. Damages Compensation claimed or awarded for damage. Compensatory damages replace actual loss; punitive damages punish the wrongdoer and can be added to compensatory damages. De facto/de jure De factor is Latin for in fact; De jure is Latin for in law or in principle. Defendant or accused Under criminal law, the person(s) or entity charged. Crown or the Crown: The state, as represented by the prosecuting attorney

Ex parte Latin meaning from one side. A court may grant an ex parte injunction to stop an act when time is of importance even though only one side is heard. Factum A lawyers brief that states the facts in a case. Fiduciary Person who agrees to act for the benefit of another (e.g., a trustee). Habeas corpus Latin for you must have the body. Ancient writ to demand the delivery of a person in custody to court, to prevent lawless detention. Injunction Court order commanding someone to do or not do some act.

Hearsay and innuendo Hearsay is evidence of a person not at trial to testify as to its veracity, e.g. John told me he saw Mary at the hotel. Rarely allowed as evidence. An innuendo is an implication or suggestion. Malfeasance A wrongful act. Nonfeasance means the wrongful omission of a duty. Obiter dictum Opinion by a judge on an issue not important to the resolution of the case and not binding on other courts. Prima facie Latin for on first appearance. Reasonable person A standard for behaviour that courts expect from people. This person is fair, rational and avoids damage due to negligence.