25 More Legal Terms Every Citizen Must Know
- Legal Journey
- Jun 12
- 24 min read
What if the next legal term you encounter in a court order, property dispute, inheritance matter, criminal proceeding, or bank document has a direct impact on your rights, obligations, or financial interests?
The law influences everyday life in more ways than most people realise. Yet many citizens find legal processes difficult to understand because they are unfamiliar with the terminology used in legal documents, court proceedings, and statutes. Terms such as injunction, jurisdiction, legal heir, nominee, remand, and power of attorney ARE NOT merely legal jargon, they are concepts that can significantly affect important decisions and outcomes.
This guide introduces 25 more essential legal terms that every citizen should know. Explained in simple language and supported by relevant statutory provisions and practical examples, these concepts will help you better understand the legal system, recognise legal issues when they arise, and engage with the law with greater confidence and awareness.
Legal Terms
Injunction
Meaning - “A court order directing a party to do or refrain from doing something.”
Explanation - An injunction is a judicial remedy by which a court directs a person either to refrain from doing a particular act (prohibitory injunction) or to perform a specific act (mandatory injunction).
Injunctions may be temporary (interim), operating during the pendency of legal proceedings, or perpetual (permanent), granted by a final decree after adjudication of the rights of the parties.
Courts generally grant temporary injunctions where the applicant establishes a prima facie case, the balance of convenience lies in their favour, and refusal of relief would cause irreparable injury that cannot be adequately compensated by damages.
Relevant Law/ Statutory Provisions - Sections 36 to 42 Specific Relief Act, 1963 → Provisions relating to preventive relief by injunction.
Section 37 SRA, 1963 → Distinguishes temporary and perpetual injunctions.
Section 38 SRA, 1963 → Grant of perpetual injunctions.
Section 39 SRA, 1963 → Mandatory injunctions.
Section 41 SRA, 1963 → Cases in which injunctions cannot be granted.
Order XXXIX Rules 1 and 2 CPC, 1908 → Temporary injunctions and interlocutory orders.
Example - A landowner discovers that a neighbouring owner has begun constructing a wall encroaching upon his property.
Pending the determination of title in the suit, the court grants a temporary injunction under Order XXXIX CPC restraining further construction until the dispute is resolved.
Intestate
Meaning - “Dying without a valid will.”
Explanation - A person dies intestate when they die without leaving a valid will, or when their will fails to dispose of the whole of their property.
In such circumstances, the deceased's estate devolves upon their legal heirs according to the applicable law of intestate succession.
The rules differ depending on the personal law governing the deceased. Hindus, Buddhists, Jains, and Sikhs are governed by the Hindu Succession Act, 1956; Christians and Parsis are generally governed by the Indian Succession Act, 1925; while Muslims are governed primarily by their respective personal laws.
Relevant Law/ Statutory Provisions - Hindu Succession Act, 1956 → Governs intestate succession among Hindus, Buddhists, Jains, and Sikhs.
Section 8 Hindu Succession Act, 1956 → General rules of succession in the case of a Hindu male dying intestate.
Sections 15 and 16 Hindu Succession Act, 1956 → Rules of succession for a Hindu female dying intestate.
Indian Succession Act, 1925 → Governs intestate succession for Christians, Parsis, and certain other communities (excluding Muslims).
Muslim Personal Law (Shariat) Application Act, 1937 → Provides for the application of Muslim personal law in matters of inheritance and succession.
Example - A Hindu man dies without leaving a valid will.
He is survived by his wife, one son, and one daughter.
Under Section 8 read with the Schedule to the Hindu Succession Act, 1956, these Class I heirs inherit the estate in equal shares.
Jurisdiction
Meaning - “The authority of a court to hear and decide a case.”
Explanation - Jurisdiction refers to the legal authority of a court to hear, adjudicate, and determine a dispute.
Jurisdiction may be classified as territorial jurisdiction (geographical area), pecuniary jurisdiction (monetary value of the dispute), and subject-matter jurisdiction (nature of the dispute).
A court must possess the requisite jurisdiction before it can validly entertain a matter.
Orders passed WITHOUT inherent subject-matter jurisdiction are generally VOID.
Defects relating merely to territorial or pecuniary jurisdiction MAY NOT always render proceedings VOID, particularly where objections are NOT raised at the appropriate stage.
Relevant Law/ Statutory Provisions - Section 9 CPC, 1908 → Civil courts have jurisdiction to try all suits of a civil nature unless expressly or impliedly barred.
Section 15 CPC, 1908 → Every suit shall be instituted in the court of the lowest grade competent to try it.
Sections 16 to 20 CPC, 1908 → Rules relating to territorial jurisdiction.
Sections 21 and 21A CPC, 1908 → Objections relating to territorial and pecuniary jurisdiction.
Section 201 BNSS, 2023 → Ordinary place of inquiry and trial in criminal cases.
Example - A suit concerning immovable property situated in Delhi must ordinarily be filed before a court having territorial jurisdiction over the area where the property is located.
Filing the suit in a court lacking such jurisdiction may result in the plaint being returned for presentation before the proper court.
Legal Heir
Meaning - “A person entitled to inherit another's property by law.”
Explanation - A legal heir is a person who is entitled under the applicable law of succession to inherit the property of a deceased person.
The identity of legal heirs and the shares they receive depend upon the personal law governing the deceased.
Legal heirs succeed to the assets of the deceased and may, in certain circumstances, represent the deceased's estate in legal proceedings.
The expression "legal heir" is commonly used in practice, though succession statutes generally speak of heirs, successors, or legal representatives.
A legal heir and a legal representative are NOT necessarily the same.
A legal representative may include persons who represent the estate of a deceased person in legal proceedings even if they are not heirs under succession law.
Relevant Law/ Statutory Provisions - Section 3(1)(f) Hindu Succession Act, 1956 → Defines "heir."
Section 8 Hindu Succession Act, 1956 → General rules of succession for a Hindu male dying intestate.
Sections 15 and 16 Hindu Succession Act, 1956 → Rules governing succession to the property of a Hindu female dying intestate.
Indian Succession Act, 1925 → Governs succession among Christians, Parsis, and certain other communities.
Section 2(11) CPC, 1908 → Defines "legal representative," a related but distinct concept.
Example - A Hindu man dies intestate leaving behind his wife, son, and daughter.
Under Section 8 read with the Schedule to the Hindu Succession Act, 1956, these Class I heirs inherit his estate in equal shares.
Limitation Period
Meaning - “The time limit within which a legal action must be brought.”
Explanation - The limitation period is the period prescribed by law within which a suit, appeal, or application must be instituted.
It begins to run from the point specified by law, usually when the cause of action arises.
If proceedings are commenced after the prescribed period, they become time-barred and are liable to be dismissed.
The law of limitation is intended to promote certainty, prevent stale claims, and ensure that disputes are brought before courts within a reasonable time.
In certain circumstances, the law permits exclusion or extension of time, particularly in the case of appeals and applications.
Relevant Law/ Statutory Provisions - Limitation Act, 1963 → Principal legislation governing limitation periods for suits, appeals, and applications.
Section 3 Limitation Act, 1963 → Mandates dismissal of proceedings instituted after the prescribed period, EVEN if limitation is NOT pleaded as a defence.
Section 5 Limitation Act, 1963 → Permits condonation of delay in appeals and certain applications upon showing sufficient cause.
Article 113 Schedule to the Limitation Act, 1963 → Residual limitation period for suits not otherwise provided for: 3 years.
Example - A lends money to B under a written agreement. If A waits beyond the prescribed limitation period to file a recovery suit, the claim may become time-barred.
Magistrate
Meaning - “A judicial officer with authority to conduct criminal proceedings.”
Explanation - A magistrate is a judicial or executive officer empowered by law to perform various functions in the administration of criminal justice.
Judicial Magistrates conduct criminal trials of offences within their jurisdiction, take cognizance of offences, grant bail, issue warrants and summons, record confessions and statements, and authorise detention, searches, and other procedural measures.
Executive Magistrates exercise preventive and administrative powers relating to public order and tranquillity.
Judicial Magistrates are generally classified as Chief Judicial Magistrates, Judicial Magistrates First Class, and Judicial Magistrates Second Class.
Relevant Law/ Statutory Provisions - Sections 6 to 35 BNSS, 2023 → Constitution of criminal courts and classes of magistrates.
Sections 23 to 26 BNSS, 2023 → Executive Magistrates and their powers.
Article 22(2) Constitution of India → Arrested person must be produced before the nearest magistrate within 24 hours of arrest.
Section 58 BNSS, 2023 → Person arrested WITHOUT warrant cannot be detained beyond 24 hours without the authority of a magistrate.
Example - A person arrested for a cognisable offence is produced before a Judicial Magistrate within 24 hours of arrest as required by Article 22(2) of the Constitution and Section 58 of the BNSS.
The Magistrate examines the legality of the arrest and decides whether the accused should be released on bail or remanded to custody.
Mens Rea
Meaning - “A guilty intention or criminal state of mind.”
Explanation - Mens rea refers to the mental element required for many criminal offences.
Depending upon the offence, it may consist of intention, knowledge, recklessness, or negligence.
Criminal liability ordinarily requires proof of both the prohibited act (actus reus) and the requisite mental element.
Relevant Law/ Statutory Provisions - Mens rea is generally inferred from the language of the offence itself. Expressions such as “intentionally”, “knowingly”, “dishonestly”, “fraudulently”, “voluntarily”, “rashly”, and “negligently” indicate the mental element required for criminal liability.
Section 2(7) BNS, 2023 → Defines “dishonestly”.
Section 2(9) BNS, 2023 → Defines “fraudulently”.
Various offences under the BNS require proof of intention, knowledge, rashness, negligence, or other culpable mental states.
The general principle that criminal liability ordinarily requires both a prohibited act (actus reus) and a culpable mental state (mens rea) is recognised through long-standing principles of criminal jurisprudence and judicial interpretation.
Example - A intentionally sets fire to B's warehouse in order to destroy property. The act of setting the fire constitutes the actus reus, while A's intention to cause the destruction constitutes the mens rea required for criminal liability.
Mediation
Meaning - “A voluntary dispute resolution process assisted by a neutral third party.”
Explanation - Mediation is an alternative dispute resolution (ADR) process in which a neutral third party, known as a mediator, assists disputing parties in communicating, identifying issues, and exploring mutually acceptable solutions.
The mediator does NOT adjudicate the dispute or impose a decision; the settlement, if any, is entirely voluntary and based on the parties' consent.
Mediation is intended to promote speedy, cost-effective, confidential, and amicable resolution of disputes while preserving relationships between the parties.
Relevant Law/ Statutory Provisions - Mediation Act, 2023 → India's first comprehensive legislation governing mediation, including pre-litigation mediation, online mediation, community mediation, and enforcement of mediated settlement agreements.
Section 89 CPC, 1908 → Empowers courts to refer disputes to alternative dispute resolution mechanisms, including mediation.
Order X Rules 1A to 1C CPC, 1908 → Procedure relating to referral of disputes to ADR processes.
Legal Services Authorities Act, 1987 → Promotes settlement of disputes through Lok Adalats and other ADR mechanisms.
Example - Two business partners involved in a commercial dispute are referred to mediation under Section 89 CPC.
With the assistance of a trained mediator, they negotiate a mutually acceptable settlement and avoid prolonged litigation.
Minor
Meaning - “A person who has not attained the age of majority.”
Explanation - A minor is a person who has not attained the age of majority prescribed by law.
Under Indian law, a person ordinarily attains majority upon completing 18 years of age.
Minors generally lack full legal capacity and are subject to special legal protections.
Agreements entered into by minors are generally void ab initio.
However, the law recognises limited rights in favour of minors, including claims relating to necessaries supplied for their benefit.
The law also provides special rules concerning guardianship, property, education, employment, and criminal responsibility in order to protect their welfare and interests.
Relevant Law/ Statutory Provisions - Section 3 Indian Majority Act, 1875 → Prescribes the age of majority.
Section 11 ICA, 1872 → A minor is NOT competent to contract.
Section 68 ICA, 1872 → Reimbursement from a minor's property for necessaries supplied to the minor.
Mohori Bibee v. Dharmodas Ghose (1903) → Established that a minor's agreement is VOID AB INITIO.
Example - A 16-year-old enters into a contract to lease a shop.
Since she is a minor and NOT competent to contract under Section 11 of the Indian Contract Act, 1872, the agreement is VOID and CANNOT ordinarily be enforced against her.
Negligence
Meaning - “Failure to exercise reasonable care, causing harm to another.”
Explanation - Negligence is the failure to exercise the degree of care and caution that a reasonable and prudent person would exercise in similar circumstances, resulting in injury, loss, or damage to another.
In civil law, negligence is a tort for which the injured person may claim damages.
To establish negligence, it must generally be shown that:
(i) the defendant owed a duty of care to the claimant;
(ii) the defendant breached that duty; and
(iii) the breach caused legally recognizable damage.
In certain circumstances, particularly where death results from a rash or negligent act, negligence may also attract criminal liability.
Relevant Law/ Statutory Provisions - Section 106 BNS, 2023 → Causing death by negligence.
Consumer Protection Act, 2019 → Provides remedies for negligence and deficiency in services, including medical negligence.
Law of Torts (Common Law Principles) → Governs civil liability for negligence and the award of damages.
Donoghue v. Stevenson (1932) → Landmark case establishing the modern duty of care principle.
In India, the principles governing negligence have also been extensively developed through decisions relating to medical negligence, motor accident claims, and consumer protection law.
Example - A doctor fails to sterilise surgical instruments before an operation, causing a patient to suffer a serious infection.
The patient may sue for damages for medical negligence.
If the negligent conduct results in death and satisfies the statutory requirements, criminal liability may also arise under Section 106 of the BNS.
Nominee
Meaning - “A person designated to receive a benefit upon the death of another.”
Explanation - A nominee is a person designated by an account holder, policyholder, depositor, or investor to receive specified benefits or assets upon the death of the person making the nomination.
The legal effect of a nomination depends on the governing statute.
In many cases, such as bank deposits, a nominee serves as the person entitled to receive the funds from the institution, WITHOUT necessarily becoming the ultimate owner of those funds.
The rights of legal heirs under the applicable law of succession may continue to operate.
However, certain statutory schemes, including provisions relating to insurance and provident funds, may confer broader beneficial rights on nominees.
The legal effect of nomination therefore depends on the governing statute.
Relevant Law/ Statutory Provisions - Section 45ZA Banking Regulation Act, 1949 → Nomination facility in respect of bank deposits.
Section 39 Insurance Act, 1938 → Nomination by the holder of a life insurance policy, including provisions relating to beneficial nominees.
Companies Act, 2013 and rules made thereunder → Nomination in respect of shares and securities.
Employees' Provident Fund Scheme, 1952 → Nomination of beneficiaries for provident fund accumulations.
Example - A bank account holder nominates his son to receive the balance in his savings account under Section 45ZA of the Banking Regulation Act, 1949.
Upon the account holder's death, the bank may release the funds to the son as nominee.
However, the ultimate entitlement to those funds may still be governed by the applicable law of succession and the rights of other legal heirs.
Notary
Meaning - “A public officer authorised to authenticate legal documents.”
Explanation - A notary public is a person appointed under the Notaries Act, 1952 and authorised to perform specified legal functions such as administering oaths, attesting signatures, certifying copies of documents, verifying affidavits, and noting or protesting negotiable instruments.
Notarisation provides evidentiary assurance regarding execution or authentication of a document, but DOES NOT by itself prove the truth, legality, or validity of the contents of that document.
Relevant Law/ Statutory Provisions - Notaries Act, 1952 → Principal legislation governing the appointment, powers, and duties of notaries in India.
Section 8 Notaries Act, 1952 → Functions of a notary, including attestation, verification, administration of oaths, and certification of documents.
Section 52 BSA, 2023 → Courts take judicial notice of the seals and signatures of notaries public.
Notaries Rules, 1956 → Procedure relating to appointment, practice, and regulation of notaries.
Example - Before submitting property documents to an overseas authority, the owner has the documents notarised by a notary public.
The notary verifies the identity of the signatory, attests the execution of the documents, and affixes the official seal and signature to certify the attestation.
Perjury
Meaning - “The offence of giving false evidence in a legal proceeding.”
Explanation - Perjury refers to the act of knowingly making a false statement or giving false evidence under oath or affirmation in a judicial proceeding or before a person legally authorised to receive evidence.
It is regarded as a serious offence because it interferes with the administration of justice and undermines the court's ability to ascertain the truth.
Under Indian law, the statutory offences are described as giving false evidence and fabricating false evidence, though the term perjury is commonly used to refer to such conduct.
Relevant Law/ Statutory Provisions - Section 227 BNS, 2023 → Defines giving false evidence.
Section 228 BNS, 2023 → Defines fabricating false evidence.
Section 229 BNS, 2023 → Punishment for giving or fabricating false evidence.
Section 379 BNSS, 2023 → Procedure for prosecution of offences affecting the administration of justice, including giving false evidence.
Example - During a murder trial, a witness knowingly gives false testimony claiming that the accused was elsewhere at the time of the offence, despite knowing that statement to be untrue.
If the court considers it expedient in the interests of justice, it may initiate proceedings under Section 379 BNSS for prosecution of the witness for giving false evidence under Sections 227 and 229 BNS.
Plaintiff
Meaning - “The party who initiates a civil suit.”
Explanation - A plaintiff is a person who institutes a civil suit by presenting a plaint before a competent court seeking legal relief against a defendant.
The plaintiff must have locus standi (the legal capacity or right to sue) and must disclose a valid cause of action.
In civil proceedings, the plaintiff ordinarily bears the burden of proving the facts constituting the claim and must establish the case on a balance of probabilities.
The plaint must contain material facts, the relief claimed, and other particulars prescribed by law, and must be signed and verified in the prescribed manner.
Relevant Law/ Statutory Provisions - Section 9 CPC, 1908 → Civil courts have jurisdiction to try all suits of a civil nature unless barred.
Order IV Rule 1 CPC, 1908 → Institution of suits by presentation of a plaint.
Order VI CPC, 1908 → Pleadings generally.
Order VII CPC, 1908 → Form and contents of the plaint.
Order VII Rule 11 CPC, 1908 → Rejection of plaint in specified circumstances, including failure to disclose a cause of action.
Example - A landlord files a suit seeking eviction of a tenant and recovery of unpaid rent.
The landlord is the plaintiff and presents a plaint setting out the tenancy, the default in payment, and the relief sought against the defendant.
Power of Attorney
Meaning - “A legal document authorising one person to act on behalf of another.”
Explanation - A Power of Attorney (PoA) is a written instrument by which one person (the principal or donor) authorises another person (the attorney, agent, or donee) to act on their behalf in legal, financial, commercial, or property-related matters.
A General Power of Attorney (GPA) confers broad powers, whereas a Special Power of Attorney (SPA) is limited to specified acts or transactions.
The attorney acts as an agent of the principal, and acts validly performed within the scope of authority bind the principal.
A Power of Attorney does NOT itself transfer ownership of property UNLESS accompanied by a valid conveyance as required by law.
Relevant Law/ Statutory Provisions - Powers of Attorney Act, 1882 → Governs the recognition and operation of powers of attorney.
Section 2 Powers of Attorney Act, 1882 → Acts done by an attorney pursuant to a valid power of attorney have the same effect as if done by the donor.
Sections 182 to 238 ICA, 1872 → Law relating to agency.
Section 17 Registration Act, 1908 → Compulsory registration of specified documents; relevant to certain powers of attorney and property transactions.
Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana (2011) → A Power of Attorney does NOT by itself convey title to immovable property.
The Supreme Court clarified that while a Power of Attorney does NOT transfer ownership, an attorney may validly execute a conveyance on behalf of the principal if properly authorised.
Example - An NRI residing in the United States executes a Special Power of Attorney authorising her sister in India to execute and register a sale deed relating to a specific property.
Acting within the authority granted, the sister may complete the transaction on behalf of the principal.
Precedent
Meaning - “A past court decision that guides or binds future similar cases.”
Explanation - A precedent is a judicial decision that serves as an authority for deciding subsequent cases involving similar facts or legal issues.
The doctrine of stare decisis ("to stand by things decided") promotes consistency, certainty, and predictability in the law.
A precedent is binding ONLY to the extent of its ratio decidendi (the legal principle necessary for the decision).
Observations NOT essential to the decision (obiter dicta) may be persuasive but are NOT binding.
A larger bench decision ordinarily prevails over a smaller bench decision, and a later coordinate bench generally CANNOT overrule an earlier coordinate bench of equal strength.
In India, decisions of the Supreme Court are binding on all courts, while decisions of a High Court are binding on subordinate courts within its territorial jurisdiction.
Relevant Law/ Statutory Provisions - Article 141 Constitution of India → The law declared by the Supreme Court is binding on all courts within the territory of India.
Article 144 Constitution of India → All authorities, civil and judicial, shall act in aid of the Supreme Court.
The binding nature of High Court decisions on subordinate courts arises from the judicial hierarchy and established principles of precedent.
Example - In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Parliament's power to amend the Constitution does NOT extend to altering its basic structure. This principle has since been applied in numerous constitutional cases and remains a binding precedent under Article 141.
Prosecution
Meaning - “Criminal proceedings conducted by the State against an accused.”
Explanation - Prosecution is the process by which criminal proceedings are conducted against a person accused of committing an offence.
In most criminal cases, the prosecution is conducted on behalf of the State by a Public Prosecutor, who presents the case before the court by examining witnesses, producing evidence, and making legal submissions.
The prosecution bears the burden of proving the guilt of the accused beyond reasonable doubt.
In certain cases, particularly those instituted upon a private complaint, the complainant may conduct or assist in the prosecution, subject to the provisions of law.
Relevant Law/ Statutory Provisions - Section 18 BNSS, 2023 → Appointment of Public Prosecutors and Assistant Public Prosecutors.
Section 247 BNSS, 2023 → Every trial before a Court of Session shall be conducted by a Public Prosecutor.
Section 248 BNSS, 2023 → Opening of the prosecution case before a Court of Session.
Section 360 BNSS, 2023 → Withdrawal from prosecution with the consent of the court.
Example - After completion of the investigation and filing of the police report (charge sheet), the Public Prosecutor conducts the case before the Sessions Court by examining witnesses, producing documentary evidence, and seeking to establish the guilt of the accused beyond reasonable doubt.
Remand
Meaning - “Court-ordered detention of an accused during investigation or trial.”
Explanation - Remand is a judicial order by which an accused person is committed to custody pending investigation, inquiry, or trial.
The custody may be police custody, where the accused remains under the control of the investigating agency for purposes such as interrogation, or judicial custody, where the accused is detained in prison under the authority of the court.
Remand is NOT automatic.
The Magistrate must independently assess whether further detention is legally justified.
A person arrested WITHOUT warrant must be produced before a magistrate within 24 hours, and any further detention requires a valid remand order.
If the investigation is NOT completed within the period prescribed by law, the accused may become entitled to default bail.
Relevant Law/ Statutory Provisions - Section 187 BNSS, 2023 → Procedure when investigation cannot be completed within 24 hours; authorisation of police and judicial custody.
Section 187(3) BNSS, 2023 → Maximum period of detention during investigation and entitlement to default bail.
Article 22(2) Constitution of India → Arrested person must be produced before the nearest magistrate within 24 hours of arrest.
Section 58 BNSS, 2023 → Detention beyond 24 hours requires the authority of a magistrate.
Example - A person arrested in connection with a murder investigation is produced before a magistrate within 24 hours.
The investigating agency seeks police custody for further interrogation.
The magistrate may authorise custody in accordance with Section 187 BNSS.
If the investigation is not completed and the charge sheet is not filed within the prescribed statutory period, the accused may become entitled to default bail.
Res Judicata
Meaning - “A matter finally decided by a court cannot be re-litigated.”
Explanation - Res judicata (Latin: "a matter adjudged") is a principle of civil procedure that bars courts from trying a suit or issue that has already been directly and substantially decided between the same parties (or their privies) by a competent court.
The doctrine promotes finality of litigation, prevents inconsistent judgments, conserves judicial resources, and protects parties from being vexed repeatedly over the same dispute.
It applies ONLY where the earlier decision was rendered by a court of competent jurisdiction and has attained finality.
Relevant Law/ Statutory Provisions - Section 11 CPC, 1908 → Codifies the doctrine of res judicata and bars re-litigation of matters directly and substantially in issue in a former suit between the same parties.
Explanation IV to Section 11 CPC, 1908 → Incorporates the principle of constructive res judicata, whereby matters that ought to have been raised in the earlier proceeding are deemed to have been decided.
Explanation VI to Section 11 CPC, 1908 → Extends the doctrine to representative suits and proceedings.
Example - A sues B alleging that B owes him ₹5 lakh under a loan agreement.
After a full trial, the court finds that no loan was ever advanced and dismisses the suit.
A CANNOT subsequently institute another suit against B seeking recovery of the same alleged loan, as the matter is barred by res judicata under Section 11 CPC.
Sentence
Meaning - “The punishment imposed by a court upon a convicted person.”
Explanation - A sentence is the punishment formally imposed by a criminal court upon a person who has been convicted of an offence.
Sentencing takes place after conviction and is intended to reflect the gravity of the offence, the circumstances of the offender, and the interests of justice.
Before imposing a sentence, the court must ordinarily provide the convicted person an opportunity to be heard on the question of punishment.
Sentences may include imprisonment, fine, forfeiture of property, community service, probation, or, in exceptional cases, the death penalty.
Courts are guided by the principle of proportionality, requiring the punishment to be commensurate with the seriousness of the offence.
Relevant Law/ Statutory Provisions - Section 258(2) BNSS, 2023 → Mandatory hearing on the question of sentence in Sessions trials.
Section 393 BNSS, 2023 → Judgment and reasons for sentence.
Section 393(3) BNSS, 2023 → Special reasons required for imposing the death sentence.
Probation of Offenders Act, 1958 → Release of eligible offenders on probation in appropriate cases.
Sections 4 and 8 BNS, 2023 → Recognised punishments under the BNS, including imprisonment, fine, forfeiture of property, and community service.
Example - After convicting an accused of a criminal offence, the Sessions Court hears submissions from both the prosecution and the defence on the appropriate punishment. After considering the circumstances of the offence and the offender, the court imposes a sentence of imprisonment and fine.
Stay Order
Meaning - “A court order suspending the operation of a proceeding, judgment, decree, or other legal action.”
Explanation - A stay order is a judicial direction that temporarily suspends the operation, enforcement, or continuation of a legal proceeding, decree, judgment, or order.
Stays are commonly granted pending appeal, revision, or other judicial review proceedings in order to preserve the status quo and prevent prejudice to the parties.
The grant of a stay is discretionary and depends on the circumstances of the case, including the likelihood of substantial loss or injustice if the stay is refused.
Relevant Law/ Statutory Provisions - Order XLI Rule 5 CPC, 1908 → Power of the appellate court to stay execution of a decree pending appeal.
Section 442 BNSS, 2023 → Revisional powers of higher courts, including the power to suspend proceedings in appropriate cases.
Section 528 BNSS, 2023 → Inherent powers of the High Court to prevent abuse of process and secure the ends of justice.
Order XXI CPC, 1908 → Execution proceedings, which are frequently the subject of stay applications.
Example - A decree-holder initiates execution proceedings to auction the judgment-debtor's property. The judgment-debtor files an appeal and obtains a stay under Order XLI Rule 5 CPC, temporarily suspending the execution proceedings until the appeal is decided.
Summons
Meaning - “A court notice requiring a person to appear.”
Explanation - A summons is a formal written notice issued by a court directing a person to appear before it on a specified date and time.
Summons may be issued to a defendant in a civil suit, to an accused in a summons-case, or to a witness whose presence is required for judicial proceedings.
The purpose of a summons is to ensure that a person receives notice of the proceedings and an opportunity to be heard.
Summons may be served personally, through authorised officers, by post, or by other legally recognised modes of service.
Relevant Law/ Statutory Provisions - Order V CPC, 1908 → Issue and service of summons in civil suits.
Sections 63 to 71 BNSS, 2023 → Issue and service of summons in criminal proceedings.
Section 90 BNSS, 2023 → Power of the court to issue a warrant where a person summoned fails to appear in appropriate circumstances.
Order IX CPC, 1908 → Consequences of non-appearance in civil proceedings.
Example - A civil court issues summons to a defendant under Order V CPC requiring appearance and filing of a written statement.
If the defendant, despite due service, fails to appear, the court may proceed ex parte against the defendant.
In criminal proceedings, persistent failure to comply with a summons may result in the issuance of a warrant under Section 90 BNSS.
Testimony
Meaning - “Oral evidence given by a witness under oath in a court of law.”
Explanation - Testimony is the statement made by a witness before a court or other legally authorised authority under oath or affirmation.
It constitutes oral evidence, one of the principal forms of evidence recognised by law.
A witness is ordinarily examined-in-chief by the party calling them, cross-examined by the opposing party, and may thereafter be re-examined.
As a general rule, testimony must be based on the witness's personal knowledge of the facts in issue; hearsay evidence is ordinarily inadmissible unless it falls within a recognised exception.
Knowingly giving false testimony may amount to the offence of giving false evidence (commonly referred to as perjury).
Relevant Law/ Statutory Provisions - Section 2(1)(e) BSA, 2023 → Defines evidence, including statements made by witnesses before the court.
Section 54 BSA, 2023 → Oral evidence must, as a general rule, be direct.
Sections 143 to 168 BSA, 2023 → Examination of witnesses, examination-in-chief, cross-examination, and re-examination.
Sections 227 to 229 BNS, 2023 → Giving and fabricating false evidence.
Example - An eyewitness to a road accident appears before the court and describes the events leading to the collision.
During examination-in-chief, the witness narrates what they personally observed.
The opposing party then cross-examines the witness to test the accuracy and credibility of the testimony.
Will
Meaning - “A legal declaration of a person's wishes regarding the distribution of property after death.”
Explanation - A will (or testament) is a legal declaration made by a person (the testator) specifying how their property is to be distributed upon their death.
A will takes effect ONLY after the death of the testator and remains revocable during the testator's lifetime.
For an unprivileged will, the testator must be of sound mind, the will must be signed or marked by the testator, and it must be attested by at least two witnesses.
A valid will enables property to devolve according to the testator's wishes rather than the rules of intestate succession.
Relevant Law/ Statutory Provisions - Indian Succession Act, 1925 → Principal legislation governing testamentary succession for most communities in India.
Section 59 Indian Succession Act, 1925 → Every person of sound mind and not a minor may make a will.
Section 63 Indian Succession Act, 1925 → Execution and attestation of unprivileged wills.
Sections 69 to 71 Indian Succession Act, 1925 → Revocation of wills.
Personal laws governing Muslims → Generally permit testamentary disposition of up to one-third of the estate without the consent of heirs.
Example - An elderly person of sound mind executes a will, signs it in the presence of two witnesses, and directs that her house be inherited by her daughter while her savings are divided equally among her sons. Upon her death, the property devolves according to the terms of the will, subject to its validity under the law.
Witness
Meaning - “A person who gives evidence in a legal proceeding.”
Explanation - A witness is a person who appears before a court, tribunal, or other legally authorised authority to give evidence regarding facts relevant to a case.
Witnesses may testify about facts personally perceived by them (fact witnesses or eyewitnesses) or may provide specialised opinion evidence based on expertise (expert witnesses), such as doctors, forensic scientists, handwriting experts, or valuers.
Witnesses are examined, cross-examined, and re-examined according to law.
The court has a duty to protect witnesses from improper, indecent, scandalous, or insulting questioning and to ensure that evidence is elicited fairly.
Relevant Law/ Statutory Provisions - Sections 124 to 140 BSA, 2023 → Competency and examination of witnesses.
Section 124 BSA, 2023 → General rule that all persons are competent to testify unless incapable of understanding questions or giving rational answers.
Section 39 BSA, 2023 → Opinions of experts.
Sections 157 to 159 BSA, 2023 → Protection against indecent, scandalous, or insulting questions.
Section 54 BSA, 2023 → Oral evidence must generally be direct.
Example - In a murder trial, a shopkeeper who personally observed the accused fleeing from the scene gives eyewitness testimony regarding what he saw. A forensic scientist who examined DNA samples recovered from the crime scene gives expert evidence based on specialised scientific knowledge.
Frequently Asked Questions
Q) What is the difference between a 'Nominee' and a 'Legal Heir'?
A) A nominee is a person designated to receive money or assets from an institution (such as a bank, insurance company, or provident fund authority) upon the death of the account holder. A legal heir, however, derives rights under the applicable law of succession. In many cases, a nominee merely receives the asset and may be required to hold it for the benefit of the legal heirs. Thus, a nominee is not necessarily the ultimate owner of the asset.
Q) Does filing an appeal automatically stay the operation of a court's judgment or decree?
A) No. Merely filing an appeal does NOT automatically suspend the operation of the judgment, decree, or order being challenged. A separate stay order must ordinarily be obtained from the appellate court. Under Order XLI Rule 5 of the CPC, an appeal does NOT operate as a stay UNLESS the court specifically directs otherwise. Until a stay is granted, the judgment or decree may continue to be enforceable.
Q) Is every court decision automatically binding on all other courts in India?
A) No. The binding effect of a judicial decision depends upon the court that delivered it and the legal principle involved. Under Article 141 of the Constitution, the law declared by the Supreme Court is binding on all courts in India. Decisions of a High Court are generally binding on subordinate courts within its territorial jurisdiction. Moreover, only the ratio decidendi (the legal principle necessary for the decision) is binding, whereas obiter dicta may have persuasive value but are NOT binding.
Q) Is mediation the same as arbitration or a court trial?
A) No. In mediation, a neutral mediator assists the parties in negotiating a mutually acceptable settlement but does NOT impose a decision. The outcome depends entirely on the parties' consent. In contrast, an arbitrator or a court adjudicates the dispute and delivers a binding decision. Mediation is therefore a more collaborative and consensual method of dispute resolution.
Q) Can a court hear and decide any dispute brought before it?
A) No. A court must possess the necessary jurisdiction before it can validly entertain a matter. Jurisdiction may depend upon factors such as the nature of the dispute, the geographical location connected with the case, and the monetary value involved. A court acting without the required jurisdiction may be unable to validly decide the matter.
Legal awareness begins with understanding the language of the law.
From injunctions and jurisdiction to legal heirs, nominees, remand, and wills, these legal terms play an important role in shaping rights, responsibilities, and legal outcomes in everyday life.
Which legal term did you find the most useful or surprising?
Share your thoughts in the comments below and continue your legal learning journey with us at Legal Journey.
Join us on Telegram for regular legal updates and study material.
Follow us on YouTube for detailed video explanation on Indian Constitutional Law.
Download the PDF version of this article here.
Comments