Understand common courtroom, criminal procedure, evidence and constitutional terms without losing the legal context.
50 terms
Also: FIR, Zero FIR
The first information recorded by police about an alleged cognizable offence. It starts the formal investigation process; it is not a finding of guilt.
Applicable law
Section 173, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Example
A person reports a robbery and the police record the information as an FIR.
An FIR that may be registered at any police station regardless of where the alleged offence occurred, then transferred to the appropriate station.
Applicable law
Section 173(1), BNSS
Example
A traveller reports an assault at the nearest police station instead of returning to the district where it occurred.
Also: Police report, Final report
The police report filed after investigation, setting out the evidence, witnesses and alleged offences for the court's consideration.
Applicable law
Section 193, BNSS (formerly Section 173, CrPC)
Example
After investigating an FIR, police submit witness statements and seized records to the Magistrate.
An offence for which police may generally arrest without a warrant and investigate without first obtaining a Magistrate's order.
Applicable law
Section 2(1)(g), BNSS
Example
Police begin investigating a reported serious offence immediately after registration.
An offence for which police ordinarily need a Magistrate's order to investigate and cannot arrest without a warrant merely on that allegation.
Applicable law
Section 2(1)(o), BNSS
Example
The informant is directed to approach the Magistrate before investigation proceeds.
An offence in which release on bail is ordinarily a legal entitlement once the required conditions are met.
Applicable law
Section 2(1)(c) and Section 478, BNSS
Example
The accused furnishes the required bond and is released in a bailable matter.
An offence in which bail is decided by the court after considering the statute, allegations and relevant circumstances; it does not mean bail is impossible.
Applicable law
Section 2(1)(l), BNSS
Example
The court hears both sides before deciding a bail request in a serious case.
Release sought by a person who has already been arrested or detained, subject to conditions imposed by the court.
Applicable law
Sections 480 and 483, BNSS
Example
An arrested accused applies to the Sessions Court for release during trial.
A protective direction sought by a person who reasonably believes they may be arrested for a non-bailable offence.
Applicable law
Section 482, BNSS (formerly Section 438, CrPC)
Example
A person facing a threatened arrest asks the Sessions Court for pre-arrest protection.
Also: Statutory bail
A statutory right to seek release when investigation is not completed and the police report is not filed within the applicable custody period, subject to legal conditions.
Applicable law
Section 187(3), BNSS
Example
The prescribed investigation period expires before the chargesheet is filed and the accused applies while prepared to furnish bail.
A court order authorising an arrested person's continued custody for a limited period while investigation or proceedings continue.
Applicable law
Section 187, BNSS
Example
The Magistrate considers the case diary before authorising further custody.
Release from the criminal case before trial when the court concludes that the statutory basis for proceeding or framing charge is not made out.
Applicable law
BNSS provisions governing discharge before Magistrates and Sessions Courts
Example
The court reviews the police papers and finds insufficient ground to proceed to trial.
The court's formal statement of the offence or offences for which the accused will face trial; it is not a conviction.
Applicable law
BNSS provisions governing charge
Example
After hearing both sides, the court specifies the alleged offence to be tried.
Use of a High Court's inherent or constitutional power to set aside criminal proceedings where the recognised legal tests are met.
Applicable law
Section 528, BNSS; Articles 226 and 227 of the Constitution
Example
A petitioner asks the High Court to quash an FIR that allegedly discloses no offence.
Financial support that eligible dependants may claim through a summary legal remedy when a person with sufficient means neglects or refuses to maintain them.
Applicable law
Section 144, BNSS and applicable personal laws
Example
A dependent spouse applies for monthly maintenance.
Data, a record, image or sound stored, received or sent electronically, including computer-generated material.
Applicable law
Section 2(1)(t), Information Technology Act, 2000; Bharatiya Sakshya Adhiniyam, 2023
Example
An email, CCTV file or phone message is produced as evidence.
Also: Electronic evidence certificate, 65B certificate
A certificate containing prescribed particulars that accompanies specified computer output when electronic records are submitted under Section 63. Whether it is required depends on how the original electronic record is produced.
Applicable law
Section 63 and Schedule, Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Example
A party files exported CCTV footage with details of the device and production process.
The legal responsibility to prove a fact. Who bears it can change according to the issue and statutory presumptions.
Applicable law
Chapter VII, BSA
Example
The prosecution must prove the alleged offence beyond reasonable doubt.
A statement suggesting an inference about a fact in issue or relevant fact, made by a person and in circumstances recognised by evidence law.
Applicable law
BSA provisions on admissions
Example
A party's email acknowledges receipt of the disputed payment.
An accused person's acknowledgement of guilt or substantially all facts constituting an offence; strict rules govern relevance and voluntariness.
Applicable law
BSA provisions on confessions
Example
The court examines whether a statement was voluntary and legally admissible.
A relevant statement by a deceased person about the cause of death or circumstances of the transaction resulting in death, when the legal requirements are met.
Applicable law
Section 26(a), BSA
Example
A deceased victim's statement identifies how the fatal injuries occurred.
Questioning of a witness by the adverse party to test accuracy, credibility and the witness's version of events.
Applicable law
BSA provisions on examination of witnesses
Example
Defence counsel questions a prosecution witness about inconsistencies.
A witness whom the court permits the party who called them to question in the manner of cross-examination. Their entire testimony is not automatically erased.
Applicable law
BSA provisions on questions by the party calling a witness
Example
A witness departs materially from an earlier statement and the prosecutor seeks permission to cross-examine.
The documented history showing who collected, handled, transferred, examined and stored an item of evidence.
Applicable law
Evidence integrity principle; especially relevant to electronic and forensic material
Example
A seizure record tracks a phone from recovery through forensic examination.
The document by which a civil suit is ordinarily instituted, stating the material facts, cause of action and relief claimed.
Applicable law
Order VII, Code of Civil Procedure, 1908 (CPC)
Example
A buyer files a plaint seeking specific performance of a sale agreement.
The defendant's formal response to the plaint, admitting, denying or explaining the pleaded facts and raising defences.
Applicable law
Order VIII, CPC
Example
The defendant denies breach and pleads that payment was never due.
A written statement of facts sworn or affirmed before a person authorised to administer an oath.
Applicable law
Order XIX, CPC and applicable court rules
Example
A litigant verifies facts supporting an interim application by affidavit.
A proceeding or order made in the absence of a party after the court is satisfied that the legal conditions for proceeding without that party are met.
Applicable law
Order IX, CPC
Example
The defendant does not appear despite service, so the suit proceeds ex parte.
A formal request that the court give the caveator notice before passing an order on an expected application.
Applicable law
Section 148A, CPC
Example
A landowner files a caveat expecting the other side to seek an urgent injunction.
An interim court order restraining or requiring conduct until the suit or application is decided, based on established legal tests.
Applicable law
Order XXXIX Rules 1 and 2, CPC
Example
The court temporarily restrains sale of disputed property during the suit.
An order temporarily suspending the operation of a proceeding, decision or decree. Filing an appeal alone does not automatically create a stay.
Applicable law
For decrees, Order XLI Rule 5, CPC; other powers depend on the proceeding
Example
An appellate court stays execution of a decree subject to security.
A rule preventing the same issue between the same parties from being tried again after it has been finally decided by a competent court.
Applicable law
Section 11, CPC
Example
A party cannot reopen an ownership issue finally decided in an earlier suit between the same parties.
A rule permitting a later civil trial to be stayed when the same directly and substantially disputed issue is already pending in an earlier competent suit.
Applicable law
Section 10, CPC
Example
A later suit involving the same core dispute is held back until the earlier suit is decided.
The formal expression of a civil court's adjudication conclusively determining rights regarding matters in controversy in the suit, subject to the statutory definition.
Applicable law
Section 2(2), CPC
Example
The court formally decrees recovery of a specified sum.
The judge's statement of the grounds for a decree or order.
Applicable law
Section 2(9), CPC
Example
The judgment explains why the suit is allowed before the decree is drawn.
A statutory request to a higher court to reconsider a decision. The right and scope of appeal depend on the governing law.
Applicable law
Sections 96 and 100, CPC for specified civil appeals
Example
An aggrieved party files a first appeal against an original civil decree.
A limited request to the same court to reconsider its decision on grounds permitted by law, not a fresh appeal on every issue.
Applicable law
Section 114 and Order XLVII, CPC
Example
A party points to an apparent error on the face of the record.
A supervisory remedy allowing a higher court to examine certain jurisdictional errors where the governing law permits it.
Applicable law
Section 115, CPC and corresponding criminal procedure provisions
Example
A party challenges a subordinate court's exercise of jurisdiction where no appeal lies.
Court permission to entertain certain proceedings filed late when sufficient cause for the delay is shown; it does not apply automatically to every limitation period.
Applicable law
Section 5, Limitation Act, 1963
Example
An appellant explains a documented medical emergency that delayed filing.
The legally prescribed time within which a proceeding must ordinarily be filed. The period depends on the remedy, facts and governing law.
Applicable law
Limitation Act, 1963 and special statutes
Example
Counsel calculates time from the cause of action before filing a recovery suit.
Also: Case Number Record
A unique 16-character alphanumeric identifier assigned to a case in the eCourts system for tracking across court services.
Applicable law
eCourts Case Information System identifier; not a statutory section
Example
A lawyer enters the CNR to retrieve the listed case status and next date.
A written authority by which a litigant appoints an advocate to act and plead in a proceeding, subject to applicable court rules.
Applicable law
Order III, CPC and applicable High Court rules
Example
The client signs a vakalatnama before the advocate enters appearance.
The court's published list of matters scheduled before particular benches or courts on a given day.
Applicable law
Applicable court rules and listing practice
Example
Counsel checks the morning cause list for the case's serial number and courtroom.
A petition asking the Supreme Court to grant special permission to appeal from a judgment, decree, determination, sentence or order. Permission is discretionary.
Applicable law
Article 136, Constitution of India
Example
A party seeks special leave to challenge a High Court judgment.
Constitutional litigation brought to protect a public or disadvantaged interest where courts relax traditional standing rules in appropriate cases.
Applicable law
Articles 32 and 226, Constitution of India
Example
A public-spirited petitioner seeks enforcement of rights affecting a vulnerable community.
A writ requiring the person or authority holding someone in custody to justify the detention before the court.
Applicable law
Articles 32 and 226, Constitution of India
Example
A family member challenges an allegedly unlawful detention.
A writ directing a public authority to perform a public or statutory duty that it has failed or refused to perform.
Applicable law
Articles 32 and 226, Constitution of India
Example
A petitioner asks the High Court to direct an authority to decide a pending statutory application.
A supervisory writ used to quash a decision of a lower court, tribunal or authority for recognised jurisdictional or legal error.
Applicable law
Articles 32 and 226, Constitution of India
Example
The High Court quashes a tribunal order passed without a fair hearing.
The legal standing or sufficient connection a person must have to bring a proceeding, subject to relaxed rules in proper public-interest cases.
Applicable law
Constitutional and procedural doctrine
Example
The court asks how the petitioner is affected by the challenged decision.
Legal services provided to eligible persons so that lack of means or other disadvantage does not deny access to justice.
Applicable law
Article 39A, Constitution; Legal Services Authorities Act, 1987
Example
A person in custody applies to the District Legal Services Authority for an advocate.