Legal language, decoded

A writ used to require that a detained person be brought before a court so the legality of detention can be examined.

A writ that directs a public authority to perform a public legal duty it has failed to perform. The word means “we command”.

Generally refers to the mental element of an offence. The required mental state depends on the particular offence and statute.

An offence for which the police can generally start an investigation and arrest without a warrant, as classified under the applicable procedural law.

The release of an accused person while a case is pending, usually on conditions. Rules and court discretion depend on the offence and the circumstances.

Latin for “at first sight”. A prima facie case is one supported by enough evidence on its face to proceed unless it is rebutted.

A principle that, subject to its legal requirements and exceptions, prevents a matter already finally decided between parties from being litigated again. In India, Section 11 of the Code of Civil Procedure, 1908 reflects it.

The legal standing to bring a case. In public interest litigation, courts have relaxed this rule so that someone can approach the court for others.

A matter that is under consideration by a court. Comments that could interfere with a pending case may raise legal concerns.

A proceeding or order made in the absence of one of the parties, usually because they did not appear after proper notice.

A court order requiring a party to do, or to stop doing, a specific act.

A promise to compensate another person for loss. Section 124 of the Indian Contract Act, 1872 defines a contract of indemnity.

The practice of following earlier decisions. In India, Article 141 makes the law declared by the Supreme Court binding on all courts.

The legal principle on which a decision rests. This is the part of a judgment that carries precedential weight.

Remarks in a judgment that were not necessary to decide the case. They can be persuasive but are not binding in the same way as the ratio.

Latin for “beyond the powers”. An action or law that goes beyond the authority given by the Constitution or a statute can be challenged.

A written statement of facts confirmed by oath or affirmation before an authorised officer. It is used as evidence in many proceedings.

A request to a higher court or authority to review and change the decision of a lower one. The right to appeal usually depends on a statute.

A private process in which an independent arbitrator decides a dispute under an agreement, instead of a court. In India the Arbitration and Conciliation Act, 1996 governs it.

Latin for “let the buyer beware”. The buyer is generally responsible for checking quality, subject to exceptions in laws such as the Sale of Goods Act, 1930.

A writ used to quash a decision of a lower court or tribunal that acted beyond its jurisdiction or made a clear legal error.

The police report filed in court at the end of an investigation, setting out the evidence and the offences alleged. It is dealt with in Section 193 of the BNSS (earlier Section 173 of the CrPC).

The formal expression of a court’s decision that conclusively decides the rights of the parties in a suit. Section 2(2) of the Code of Civil Procedure, 1908 defines it.

A rule that stops a person from denying something they earlier led another person to believe, when that person acted on it. See Section 115 of the Indian Evidence Act, 1872, and check the corresponding BSA section.

A statement made outside court, offered to prove that what it says is true. It is generally not accepted unless an exception applies, because courts prefer direct evidence.

The legal authority of a court to hear and decide a case. It can depend on the subject-matter, the territory and the value of the claim.

A time limit within which a legal action must be started. In India the Limitation Act, 1963 sets different periods for different suits and appeals.

Replacing an existing contract, or one of its parties, with a new one, with everyone’s consent. Section 62 of the Indian Contract Act, 1872 deals with it.

Knowingly giving false evidence on oath or when legally bound to tell the truth. It is a criminal offence.

Latin for “for the public good”. Legal work done free of charge for people who cannot afford a lawyer.

A writ that stops a lower court or tribunal from continuing a proceeding that it has no jurisdiction to hear.

To set aside or cancel an order, proceeding or FIR. A High Court may quash an FIR in suitable cases under its inherent powers (Section 528 of the BNSS).

A writ meaning “by what authority”. It challenges a person’s right to hold a public office.

A court order sending an accused to police or judicial custody during investigation or trial. In another sense, an appellate court can send a case back to a lower court.

A request asking the same court to re-examine its own judgment, usually on limited grounds such as an error apparent on the face of the record.

A court order requiring a party to carry out a contract promise instead of paying damages. In India the Specific Relief Act, 1963 governs it.

A civil wrong, other than a breach of contract, for which the law gives a remedy, usually damages. Examples are negligence and nuisance.

Liability of one person for the wrongful act of another, such as an employer for an employee acting in the course of employment.

The voluntary giving up of a known right.

A written order issued by a court. The Supreme Court and High Courts can issue writs such as habeas corpus, mandamus, prohibition, certiorari and quo warranto.