9th Sem

Table of Contents
The code of Civil Procedure, 1908 .......................................................................................1

Criminal Procedure Code, 1973 ........................................................................................21
Law of Evidence …………………………………………………………………………………………………………….41
Law of Insurance ……. ........................................................................................................59
Media Law………………………………………………………………………………………………………………………76
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The code of Civil Procedure, 1908
Syllabus: -
1. History of civil procedure in India.
2. Suits, doctrines of sub judice and Res judicata, summons.
3. Pleadings, amendments to pleadings, counter claim, set off.
4. Judgement and decree, power for execution of decree.
5. Suits by or against government.
6. Appeals.
7. Commissions.
8. The Indian limitation Act, 1963.
Long answer questions: -

1. State the scheme and scope of the civil procedure code, 1908. Was there any civil
procedure in India prior to British rule?
A: -
Scheme of the code: -
The civil procedure code contains two parts.
They are
1. The body of the code.
2. The schedule.
1. Body of the code: - the body of the code contains 158 sections divided into 12
parts. It lays down the general principles relating to powers of the court.
2. The schedules: - the schedules contain orders and rules. It provides for the procedure,
method, manner and mode in which the jurisdiction of the courts may be exercised. There are
so many orders which are divided into rules.
At the end of the rules, there are 8 appendices relating to forms/model formats.
A. Pleadings;
B. Process;
C. Discovery, inspection and admission;
D. Decrees;
E. Execution;
F. Supplemental proceedings;
G. Appeal, reference and review;
H. Miscellaneous.
Scope of the code: - the code is exhaustive on matter specifically dealt with by it. It is not
exhaustive on the points not specifically dealt with their in. The legislature is incapable of
contemplating all the possible circumstances which may arise in future litigation and
consequently for providing procedure for them. With regard to those matters, the court has
inherent power to act accordingly to the principles of justice, equity and good conscience. The
code specifically provides that "nothing in this code shall be deemed to limit the inherent
power of the court to make such others as may be necessary for the ends of justice or to
prevent abuse of process of the court".
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Civil procedure during British rule: -

Before 1859, there was no uniform codified law relating to procedure of civil Courts in India.
In 1859, uniform code of civil procedure was enacted for the first time. But it did not serve the
purpose well.
In 1877, a second code was enacted replacing the coder 1859.
In 1882, a third code of civil procedure was enacted.
Ultimately, the present code of civil procedure,1908 was passed overshadowing the defects of
the code of 1882.
2. Give a detailed note on “suits of civil nature”.

A: - In order to try a suit, a civil court must have jurisdiction. The first condition which must be
satisfied is that the suit must be of a civil nature. The word ‘civil’ has not been defined in the
code. But according to the dictionary meaning, it pertains to private rights and remedies of a
citizen as distinguished from criminal, political, etc. A suit is of a civil is of a nature if the
principal question therein relates to the determination of a civil right and enforcement thereof.
Section 9 of Code of Civil Procedure, 1908 deals with the topic of 'Courts to try all civil suits
unless barred'.
The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a
civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
Explanations
Explanation I: A suit in which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to
religious rites or ceremonies.
Explanation II: For the purposes of this section, it is immaterial whether or not any fees are
attached to the office referred to in Explanation I or whether or not such office is attached to a
particular place.
A Civil Court can try suits related to civil cases provided the two conditions are satisfied:
 Suit should of civil nature
 Cognizance of such a suit should not have been expressly or impliedly barred (Ex:
Because of the constitution of a special court / tribunal to deal with such matters)
Sanker Naryan Potti v K Sreedevi ,
The Apex Court held “…it is obvious that in all types of civil disputes civil courts have inherent
jurisdiction as per Section 9 of the CPC unless a part of that jurisdiction is carved out from such
jurisdiction, expressly or by necessary implication, by any statutory provision and conferred on
any other tribunal or authority.”
Examples of suits of civil nature

 Suits relating to right to property
 Suits relating to right to worship
 Suits relating to right to share in offering
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 Suits for damages for civil wrongs

 Suits for specific relief
 Suits for rent
 Suits for restitution of conjugal rights
 Suits for dissolution of partnership
 Suits for or on accounts
 Suits for damages for breach of contract etc.
Examples of suits not of civil nature
 Suit of declaration of a member of a caste refrained from invitation to a caste dinner
 Suit for expulsion of a member from the caste
 Suits involving purely religious rites or ceremonies
 Suits for upholding mere dignity or honor
 Suits for recovery of voluntary payments of offerings etc.
Conclusion: -
It is well settled that a civil court has inherited power to decide its own jurisdiction.
Hence it is clear that the jurisdiction of the Civil Court does not extend to all matters but might
be limited in certain cases. However it has “inherent” jurisdiction to try all suits of a civil nature
in the absence of any exclusion of the same. Civil court has jurisdiction to examine whether
tribunal and quasi- judicial bodies or statutory authority acted within their jurisdiction. But once
it is found that such authority, e.g., certificate officer had initial jurisdiction, then any erroneous
order by him is not open to collateral attack in a suit.
3. State the object of the rule of Res subjudice. What conditions must be satisfied for the
application of stay of suit and distinguish it from Res judicata.
A: - The word 'Res' means ‘a thing or matter’ and the word subjudice means
'under consideration or pending judicial enquiry'. The expression Res subjudice means 'pending
litigation or pending adjudication by a court'.
Section 10 of the code of civil procedure deals with the doctrine of res subjudice or stay of suits.
When a suit is pending before a court of competent jurisdiction, such suit between the same
parties under the same title shall not be tried by any court in India.
E.g.: -'A' sues 'B' as to title of a land in a court of competent jurisdiction. During the pendency of
the suit, if 'A', again sued 'B' on the same subject matter in another court, such Court has no
power to try except to order for staying of further proceedings.
The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit
founded on the same cause of action.
Conditions: - for the application of section 10, the following conditions are to be satisfied.
1. Two suits: - there must be two suits. One instituted earlier and the other latter. Suit included
a pending appeal also but not an application for leave appeal.
2. Same subject matter: The subject matter of the previous (first) suit and subsequent
(second) suit must be one and the same.
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3. Same parties: Parties to previous and subsequent suits must be the same.
4. Pendency before competent court: The previously instituted suit should be pending before
the competent court.
5. Duel Competence: The court, which tried the first suit, should also be competent to try the
second suit.
Effect of contravention: A decree passed in contravention of Section 10 is not a nullity and
cannot be disregarded in execution proceeding.
Example: - 'C' a resident of Calcutta, has an agent 'N' at Madras employed to sell his goods
there. 'N' sued 'C' in Madras for balance of accounts in respect of dealings between him and ‘C’.
During the pendency of the suit in Madras Court, 'C' institutes a suit against 'N' in Calcutta for
an account and for damages caused by 'N's alleged negligence. Here the matter in issue in 'C's
suit is directly and substantially in issue in 'N's suit, both the suits are between the same
parties. Therefore, if the Court at Madras is a Court of competent jurisdiction to grant the
relief claimed in 'C's suit, the Calcutta Court must not proceed with the trial of 'C's suit and the
suit at Madras alone should proceed.
But if 'N' agent at Rangoon instead of Madras and the suit was brought by him in the Rangoon
Court, the Calcutta Court would not be precluded from proceeding with the trial of 'C's suit, the
Rangoon Court being a 'Foreign Court'.
Res judicata: -
Section 11 of the code of civil Procedure, 1908 deals with the doctrine of 'Res Judicata'.
The term 'Res' means," thing". Judicata means, "Already decided". The expression
'Res Judicata' Collectively means ' a thing already decided by a Court of justice'.
According to Section 11 of the Code of Civil Procedure, "no court shall try any suit or issue in
which the subject matter and parties are the same and had already been tried by the court of
competent jurisdiction".
Conditions: - application of the doctrine of res judicata the following conditions to be satisfied,
1. There must be two suits or issues in which subject matter is the same.
2. The previous suit must have been adjudicated by the competent court and the subsequent
suit must be pending.
3. The issue in the previous and subsequent suits must be directly and substantially the same.
4. Parties must be the same in both the suits and litigating under the same title.
5. The court which decided the previous suit must be a court competent to try the subsequent
suit also.
Illustration: 'A' sues 'B' for damages for breach of contract. The suit is dismissed. 'A' against 'B'
for damages for breach of the same contract is barred. 'A's right to claim damages from 'B' for
breach of contract having been decided in the previous suit, it becomes res judicata,
and cannot therefore be tried in the subsequent suit. 'B' cannot be vexed twice over for the
same cause (breach of contract). Moreover, public policy also requires that there should be an
end to litigation and for that reason, the previous decision must be accepted as correct,
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otherwise every decision would be challenged on the ground that it was an erroneous decision
and there would be no finality.
4. What is summons? State the modes of service of summons.

A: - When a person wants to institute an action against another seeking some relief, he has to
present or file plaint before the court of competent jurisdiction, If the plaint satisfies all
formalities, it Is admitted by the Court. Thereafter, the Court calls for the appearance of the
defendant and witnesses before the Court on a particular date and time by issuing
the summons.
The word 'summons' has not been defined in the code of civil procedure. It means an urgent
call by the court asking the defendant or witness to attend before the court on a particular date
and time.
Order 5 provides the procedure to summon the defendant.
Order 16 provides the procedure to summon the witness.
Service of summons: - (Rules 9-30)
Summons may be served under the following ways.
A. Personal or direct service (Rules 10-16 & 18).
B. Service by Court (Rule 9).
C. Service by Plaintiff (Rule 9.A) and
D. Substituted Service (Rules 17, 19 & 20).
A. Personal or direct service (Rules 10-16 & 18): -

 as far as possible, the summons should be served to the defendant personally, if it is not
possible, it should be served to his duly authorised agent.
 If there is more than one defendant, each defendant should be served with the
summons.
 If the defendant or his agent cannot be found then the summons should be served to
elder member of his family who is residing with him.
 If the suit is with regard to any immovable property, service of summons can be made
to any agent who is in possession of the property in case the defendant cannot be
found.
B. Service by Court (Rule 9): -
 Summons can also be served by the court of competent jurisdiction through the officer
of the court or through the approved courier service or through the registered post or
any other mode of service.
C. Service by plaintiff (Rule 9.A): -
 The court may also permit service of summons by the plaintiff in addition to service of
summons by the court.
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D. Substituted service (Rule 17, 19 & 20): -

 The ordinary method of service may be substituted by some other method. If the court
is satisfied that the defendant is avoiding the service of summons or the summons
cannot be served because of some other reasons, then the court shall order the
summons to be fixed in any conspicuous part of the house of the defendant or place of
business or work.
5. Define pleadings. What are the various forms of pleadings? Explain the procedure for
amendment of pleadings.
A: - pleadings are statements in writing filed in the court by each party to a case, Stating what
his contentious will be at the trial, and giving all such details as his opponent needs to know in
order to prepare his case in answer.
In India there are two main pleadings in a suit.
A. Plaint.
B. Written statement.
A. Plaint: - plaint is the pleading of the plaintiff. It means an accusation or charge. Through this
document the plaintiff initiates a suit in civil Court. Order 7 of the code of civil procedure deals
with plaint.
The main object of the plaint is to state the grounds upon which the assistance of the court is
sought by the plaintiff.
The plaint contains the particulars as stated below.
1. The name of the court in which the suit is brought.
2. The name, description and place of residence of the plaintiff.
3. The name, description place of residence of the defendant.
4. Whether the plaintiff or the defendant is a minor a person of unsound mind, a statement to
that effect.
5. The facts constituting the cause of action and when it arose.
6. The facts showing that the court has jurisdiction.
7. The release which the plaintiff claims.
8. Statement of the value of the subject matter of the suit for the purpose of jurisdiction and of
court fees, so far as the case admits.
Essential parts of the plaint: -
A. Part 1:- the heading and title.
B. Part 2: - the body of the plaint.
C. Part 3: - relief claimed.
D. Part 4: - signature and verification.
B. Written statement: - written statement is the pleading of the defendant. It is prepared in a

concise form to contradict the allegations made against him in the plaint. It can be filled at any
time before first hearing or within such time as the court may permit. If you need any further
particulars, he can apply for the same before filling the written statement. If he cannot make a
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proper defence without taking inspection of any particular document, he can request the
plaintiff to give an inspection of it and to permit him to take copies.
Rachappa vs. Gurusiddappa.
The Supreme Court has stated that a written statement is a document in which the defendant
deals with every material fact alleged by the plaintiff in the plaint and also States any new fact
which tells in his favour, adding such legal objections as he wishes to take to the claim.
Essentials of written statement: - A written statement can be divided into three parts.
Part 1: - the heading and title.
Part 2: - the body of the written statement.
Part 3: - signature and verification.
6. Define decree. What are the essential elements of decree? Explain different modes of
execution of a decree.
A: - section 2(2) of the code defines decree as follows.
Decree means the formal expression of an adjudication of a court in disposing of a suit. In
Decree the court conclusively determines the rights of the parties with regard to all or any of
the matters in controversy in the suit. The decree maybe is a preliminary or final.
Essential elements: -to constitute decree the following ingredients are to be satisfied.
A. There must be adjudication.
B. Such adjudication must have been given in a suit.
C. Such adjudication must have determined the rights of the parties with regard to all or any of
the matters in controversy in the suit.
D. Search determination must be a conclusive determination.
E. There must be formal expression of such adjudication.
Modes of execution of decree: -
The code lays down various mode of execution. After the decree-holder files an application for
execution of decree, the executing court can enforce execution.
A decree may be enforced by delivery of any property specified in the decree, by attachment
and sale or by sale without attachment of the property, or by arrest and detention, or by
appointing a receiver, or by effecting partition, or any such manner which the nature of relief
requires.
Arrest and Detention: -
 One of the modes of executing a decree is arrest and detention of the judgment-debtor
in civil imprisonment. Where the decree is for payment of money, it can be executed by
arrest and detention of the judgment-debtor.
 A judgment-debtor may be arrested at any time on any day in the execution of a decree.
After this arrest, he must be brought before the court as soon as practicable.
 For the purpose of making arrest, no dwelling house may be entered after sunset or
before sunrise. Further, no outer door of a dwelling house may be broken open unless
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such dwelling house is in the occupancy of the judgment-debtor and he refuses or

prevents access thereto.
 No order of detention of the judgment-debtor shall be made where the decretal
amount does not exceed Rs.2000.
 A decree for money cannot be executed by arrest and detention where the judgment-
debtor is a woman, or a minor, or a legal representative of a deceased judgment-
debtor.
Attachment of Property: -
 A decree may also be executed on the application of the decree-holder by attachment
and sale the only sale without attachment of property. The code recognizes the right of
the decree-holder to attach the property of the judgment debtor in execution
proceeding and lays down the procedure to effect attachment.
 Sections 60 to 64 and Rules 41 to 57 of Order 21 deals with the subject of attachment
of property. The code enumerates properties which are liable to be attached and sold in
execution of a decree. It also specifies properties which are not liable to be attached or
sold. It also prescribes the procedure where the same property is attached in execution
of decrees by more than one court. The code also declares that a private alienation of
property after attachment is void.
Percept
 Section 46– “precept” means a command, an order, a writ or a warrant. A percept is an
order or direction given by court which passed the decree to a court which would be
competent to execute the decree to attach any property belonging to the judgment-
debtor.
 Section 46 provides that court which passed a decree may, upon an application by the
decree-holder, issue a percept to that court within whose jurisdiction the property of
the judgment-debtor is lying to attach any property specified in the percept.
 A percept seeks to prevent alienation of property of the judgment-debtor not located
within the jurisdiction of the court which passed the decree so that interest of the
decree-holder is safeguarded and protected.
 It is the interim attachment of the property which lies outside the jurisdiction of the
court which has passed the order. To protect the interest of the decree holder on his
application will issue percept to the court in whose jurisdiction property is situated to
attach the property of the judgment-debtor. The interim order for attachment is valid
for the period of only 2 months.
Garnishee Order: -
It is the proceeding by which the decree-holder seeks to reach money or property of the
judgment-debtor in the hands of a third party (debtor of judgment-debtor).
Suppose A owes Rs 1000 to B and B owes Rs 1000 to c. By a garnishee order, the court may
require A not to pay money owed by him to B, but instead to pay C, since B owes the said
amount to C, who has obtained the order.
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“Garnishee order” is an order passed by a court ordering a garnishee not to pay money to the
judgment-debtor because the latter is indebted to the garnisher.
Sale of the Property
A decree may be executed by attachment and sale or sale without attachment of any
property. Section 65 to 73 and Rules 64 to 94 of Order 21 deals with the subject relating to the
sale of movable and immovable property.
 Power of court: Rule 64-65
Rule 64: a court may sell the property, which he has taken into custody under an
attachment under Order 60.
Rule 65: appointment of officer by the court who will be charged to sell the property.
Officer will be the representative of the court and will sell the property for execution of
decree.[xv]
 Proclamation of sale: Rule 66-67
It is a kind of order or declaration. It operates as a public notice regarding the sale. It’s
said that people can participate in auction and sale. The proclamation can be in writing
or by customary mode.
7. What is temporary injunction? When may the Court pass an order of injunction?
A: - An injunction is a judicial process whereby a party is required to do, or to refrain from
doing, any particular act. It is in the nature of a preventive relief granted to a litigant because
he fears future possible injury. Its main objective is to preserve the subject matter of the suit
and maintain its status quo until the final determination of the suit.
Injunctions are of two kinds
A. Temporary injunction.
B. Permanent injunction.
Temporary injunction: - Rule 1 of order 39 refers to temporary injunctions. Temporary
injunction will continue only for a specified period or until a further order of the court.
It can be granted at any stage of the suit even before the service of summons.
The object of temporary injunction is to maintain status quo till the suit is finally decided.
While granting temporary injunction, the court must follow the following principles,
 The petitioner must have a chance of success in the suit.
 There must occur and irreparable injury which cannot be compensated in damages.
When temporary injunction is prayed for the following conditions are to be proved by affidavit.
 The property is in danger of being wasted by any party or wrongfully sold in execution.
 The defendant threatens or intended to remove his property with a view to defraud his
creditors.
 The defendant is about to commit a breach of contract or any other injury.
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The court may by order grant a temporary injunction to restrain such act or make such other
order for the purpose of staying and preventing the wasting, damaging, alienation,
sale, removal or disposition of the property or dispossession of the plaintiff or otherwise
causing an injury to the plaintiff in relation to any property in dispute in the suit, as the court
thinks fit, until the disposition of the suit or until further orders.
In such circumstances The Court may Grant temporary injunction to prevent such act.
8. What is the power of court of execution? State the procedure for execution.
A: - Section 36 to 74 and order 21 of the code of civil procedure lays down the provisions
relating to the execution of decree and order passed by the court.
Execution is a process by which the decree and orders passed by the court are enforced. When
a plaintiff filed a suit against the defendant was claiming some relief. Then the court may pass
an order or a decree in favour of the plaintiff providing some relief against the defendant. If the
defendant does not meet the liability, then the decree or order in favour of the plaintiff
remains unexecuted. Then the plaintiff/decree holder can approach the court for execution of
such decree/order.
Procedure for execution: -
Who may apply for execution: -
Order 21 States the persons who are entitled to apply for execution. They are
1. The decree holder.
2. The transferee (if the decree has been transferred by the decree holder to the
transferee).
3. Is the decree has been passed jointly in favour of more persons than one, then any of
such persons may apply for execution.
4. Legal representatives of the decree holder (if the decree holder is dead).
Application for execution: - the decree holder or the plaintiff has to make an application duly
verified and signed to initiate the execution proceedings.
Contents of application: - an application of execution shall contain the following particulars-
A. The number of the Suit.
B. The name of the parties.
C. The date of the decree.
D. Where any Apple has been preferred for the decree.
Notice: - notice shall be issued to the decree debtor in the following cases.
1. Where the application of execution is made more than one year after the date of the
decree.
2. Where the execution is applied for against the legal representatives of the party to the
decree.
Courts competent to execute: -
Section 38: - A decree may be executed either by the court which passes it or by the court to
which it is sent for execution.
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The court to which a decree has been sent for execution is called a transferee court. Transferee
Court is authorised to decide all objections as to executability of the decree. It has no
jurisdiction to question the validity of the decree. It has no power to correct the mistakes in the
decree. It cannot alter the decree. It should only execute the decree.
The executing Court may execute the decree in following ways.
1. By delivery of any property specifically decreed.
2. By attachment and sale or by sale without attachment.
3. By arrest and detention in prison.
4. By appointing a receiver.
5. By any other manner as the court things fit.
You can also write the modes of execution of a decree to lengthen the answer.
9. Discuss the legal provisions to be followed while instituting a suit against government.
A: - Under the principle of delegation of authority government officials discharge variety of
functions on behalf of the government. Similarly according to the principal of vicarious liability
if any wrong is committed by any official of the government the government is liable for that
wrong.
Section 79 to 82 and order 27 of the civil procedure code deals with suits by or against the
government or public officers while discharging their duties in official capacity.
Section 79 runs as follows-
In a suit by or against the government, the authority should be named as
1. "Union of India”, In case of a suit by or against central government, and
2. "The state of_______", in case of a suit by or against a state government.
Jurisdiction: - a suit against the government can only be brought in the court within the local
limits of whose jurisdiction the cause of action arose.
Competent Authority: -
Section 79 of the code lays down the provisions relating to suits by or against the government
authority will be named as
1. Secretary to that government, in case of a suit by or against the central government.
2. Secretary to that government or collector of the district in case of the state government.
3. Chief Secretary to the government in case of the state of Jammu and Kashmir.
4. General Manager in case of railways.
Notice: -
According to section 80 of the code, a notice of two months shall be served to the above stated
Authorities before filing a suit against the government. Otherwise the suit will be dismissed.
The object of such notice is to promote the administration of justice and to secure public good
by avoiding unnecessary litigations so as to provide the government with an opportunity to
settle the claim or dispute within the period 2 months.
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However, the notice of two months may be relaxed in case of suits of an urgent and immediate
relief.
Privileges: - section 81 of the code deals with exemption from arrest and personal appearance.
It provides for certain privileges to the person authorised to act on behalf of the government.
1. He shall not be liable to be arrested.
2. His property cannot be attached except in execution of a decree.
3. He is exempted from appearing before the court in person.
Further, the government is not required to deposit any security for a suit filed against the
government official for act done is discharge of his duty or obligations imposed on him by law.
The government also shall be made as a party.
10. What are the general principles for an appeal? How appeal differs from review, revision
and reference.
A: - Orders 41, 43, 44, 45 deals with appeals.
Appeal: - before the trial court, the plaintiff files a suit against the defendant for a cause of
action. The trial court enquiry into the matter and comes to a conclusion and passes a degree in
favour of the plaintiff or in favour of the defendant depending upon the evidences produced
before it. Then the aggrieved party can appeal to higher Court against the decree. In other
words the appeal is a complaint made to higher Court by the aggrieved party.
Memorandum of appeal: - every appeal shall be preferred in the form of memorandum signed
by the appellant or his pleader and presented to the court or to such officer as it appointed in
this behalf.
Right to appeal: - a person cannot file an appeal from a decision as a matter of right. Right of
appeal is not an inherent right. Unless it is clearly provided, an appeal cannot be filed.
Who may appeal: -

A. Any party to the suit adversely affected by the decree or his legal representatives in case he
is dead.
B. Any transferee of the interest of such party.
C. an auction purchaser may appeal from an order in execution setting aside the sale on the
ground of fraud.
No person is entitled to appeal unless he is a party to the suit.
When can an appeal not be allowed: - an appeal shall not be allowed from a decree passed by
the court with the consent of parties.
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Kinds of appeals: -
A. Appeals from original decrees.
B. Appeals from appellate decrees.
C. Appeals from orders.
D. Appeals to the Supreme Court.
Reference: - section 113, order 46 of the civil Procedure code lays down the provisions relating
to reference.
Reference means referring a case to the higher Court seeking its opinion in the matters relating
to question of doubt. Reference can be made only when an important question of arises in a
suit.
Conditions for reference-
A. There is a question of law in any suit, appeal or execution from which no appeal lies,
B. There is a reasonable doubt on such question,
C. The court expresses its own opinion on the.
Review: - section 114, order 47 of the civil Procedure code deals with the provisions relating to
review.
Review means reconsideration of a decision given by the same court. it is a judicial re
examination of the decision given by the same court under special circumstances.
Revision: - section 115 of the civil Procedure code deals with the provisions relating to revision.
The word revision means the act of revising especially critical or careful examination with a
view to correcting or improving.
1. A high court may call for the record of any case which has been decided by any of its
subordinate Courts, if the high court thinks that-
 Such Subordinate court has acted without jurisdiction,
 Such subordinate Court has failed to exercise its jurisdiction,
 Such subordinate Court has exercised within the jurisdiction but with material
irregularity.
2. Under this section, the high court shall not reverse or change the decree if an appeal lies to
any higher Court.
3. A revision shall not operate as a stay on the proceedings of the court except such stay is
given by the High Court.
11. What is limitation? Explain the general principles of limitation.

A: -
Limitation: Meaning, Definition and Object: The expression 'Limitation' refers to
stipulated period. It relates to fixation of a particular/prescribed period to institute legal actions
viz. suits, appeals, applications etc., and barring the legal actions beyond the prescribed period
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of limitation. According to Section 2(j) of the Limitation Act, 1963, 'period of limitation' means
the period of limitation prescribed by the Schedule for filing any suit, appeal or application by
the Schedule, and 'prescribed period' means the period of limitation computed in accordance
with the provisions of the Limitation Act.
'Justice delayed is justice denied' is a well-known quotation. It means inordinate delay in
disposal of cases by court results in (leads to) denial of justice. Similarly, 'Action delayed is relief
refused'. It means inordinate delay in instituting an action (filing a suit) i.e. beyond the period
of limitation by the party gives no relief and implies refusal of relief.
General principles: -
Section 3: - bar on limitation
The general principle of limitation is that the court should dismiss any suit instituted, appeal
preferred, and application made after the prescribed period of limitation.
So according to section 3, any suit or appeal or application shall be dismissed filed beyond the
period of limitation. However, sections 4 to 24 provide certain exceptions to this general rule.
Section 4: - if the limitation period expires on the day when the court is closed due to holiday or
vacation, the suit can be filed on the day when the court reopens.
Section 5: - any appeal or an application may be admitted beyond the period of limitation if the
appellant satisfies the court that he had sufficient cause for not making the appeal or
application. So section 5 confers discretionary power on the court to waive the delay of suing if
there is a sufficient cause. The reason is that the party could not filed a suit due to the reasons
behind his control. It is the duty of the court to record the reasons for extending time under
this section and it has no power to extend the time under equitable grounds.
Section 6: - it provides for extension of limitation period on the ground of legal disability such
as minority, unsoundness of mind or having been disqualified by any law.
Section 7: -if two or more persons are entitled to file a suit and if any of them is under legal
disability, then the other can made an application without the concurrence of such disabled
person.
Section 8: - riddles with special exceptions.
Section 9: - once the time has started running, subsequent disability will not stop it.
Section 10: - suits against trustees and their representatives.
Section 11: - suits on contracts entered into outside the territories to which the act extends.
Sections 12 to 24: - deals with computation of period of limitation.
Section 18 to 20 deals with acknowledgement.
Sections 25 to 27:- deals with acquisition of ownership by possession.
Sections 28 to 32: - deals with miscellaneous provisions.
12. What are the grounds for permitting the extension of period of limitation? When does the
condonation of delay come to an end?
A: - Limitation: Meaning, Definition and Object: The expression 'Limitation' refers to stipulated
period. It relates to fixation of a particular/prescribed period to institute legal actions viz. suits,
appeals, applications etc., and barring the legal actions beyond the prescribed period of
15
limitation. According to Section 2(j) of the Limitation Act, 1963, 'period of limitation' means the
period of limitation prescribed by the Schedule for filing any suit, appeal or application by the
Schedule, and 'prescribed period' means the period of limitation computed in accordance with
the provisions of the Limitation Act.
'Justice delayed is justice denied' is a well-known quotation. lt means inordinate delay in
disposal of cases by court results in (leads to) denial of justice. Similarly, 'Action delayed is relief
refused'. It means inordinate delay in instituting an action (filing a suit) i.e. beyond the period of
limitation by the party gives no relief and implies refusal of relief.
Grounds for permitting the extension of period of limitation: - Section 4 and 5 of the limitation
act, 1963 provide certain grounds for permitting the extension of period of limitation.
Section 4: - if the limitation period expires on the day when the court is closed due to holiday or
vacation, the suit can be filed on the day when the court re-opens.
Section 5: - any appeal or an application may be admitted beyond the period of limitation if the
appellant satisfies the court that he had sufficient cause for not making the appeal or
application. So section 5 confers discretionary power on the court to waive the delay of suing if
there is a sufficient cause. The reason is that the party could not filed a suit due to the reasons
behind his control. It is the duty of the court to record the reasons for extending time under
this section and it has no power to extend the time under equitable grounds.
The sufficient cause has to be considered with pragmatism and of course with justice oriented
approach but 'any cause' cannot be construed as 'sufficient cause'. The words 'sufficient
cause' must generally receive a liberal construction so as to advance substantial justice when
no negligence or inaction or want of bona fides is imputable to appellant.
Example: Imprisonment, ilness, heavy rain,strike, bandh, wrong advice by; the advocate or his
clerk are the examples of sufficient cause.
Rajendra Nath Kar vs. Gangadas
In this case, the appellant was wrongly advised as to the legal position and hence he could not
prefer appeal in time. The Supreme Court held that appellant had sufficient cause for not filing
the appeal in time.
While condoning delay, the court takes into consideration two points:
1. The period of limitation cannot be easily extended and respondent's right cannot be easily
taken away.
2. The application for condonation of delay should not be refused if the delay is properly
explained.
State of Himachal Pradesh vs. Daulat Ram.
In this case, the court condons the delay caused due to NGOs strike.
the word sufficient cause used in the provision are wide enough and are adequately elastic to
enable the courts to apply the law in a meaningful manner, which service the ends of justice
and refusing to condone delay can result in a meritorious matter being thrown out at the very
threshold and cause of justice being defeated.
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Section 5 shall not apply to the suits and proceedings under order 21 (executions) of the civil
Procedure code.
Short answer questions: -

1. Inter-pleader suit.
A: - An inter pleader suit is a suit in which the real dispute is not between a plaintiff and a
defendant but between the defendants, who interplead against the each other, unlike in an
ordinary suit.
Order 35 of the Code of Civil Procedure, 1908 lays down the procedure for interparty suits, and
Section 88 of the Code provides for the persons entitled to file Inter pleader suits.
Example: 'A' holds certain property X, in which he has no interest. 'B' and 'C' independently
claim the property as their (B's or C's) own. A normally sues 'B' and 'C' to find out court's
decision in favour of a real claimant 'B' or 'C. In such case, the two defendants 'B' and 'C' claim
adversely to each other. Plaintiff A' will remain silent as a spectator. The real dispute lies
between the two defendants, 'B' and 'C'.
Who may file an Inter pleader suit (Section 88): - Section 88 of the Code provides for who is
entitled to file an inter pleader suit against two or more defendants. According to this section,
any person who possesses some property of another, in which he has no interest and it
is claimed by several persons, may file Inter pleader Suit.
Conditions: Following conditions are to be satisfied in respect of an inter pleader suit:
1. The plaintiff must be in lawful possession/custody of another's property.

2. The property may be movable or immovable or money or a debt.
3. The plaintiff must not have any interest in the subject matter (property).
4. The property must be claimed by two or more defendants.
5. The plaintiff is readily prepared to deliver the property to the right climate against court
decision.
2. Affidavit.
A: -
 An affidavit is a willingly made declaration in writing, signed by the deponent (person
making the affidavit) and accompanied by an oath.
 Another way to think of an affidavit is as a sort of written court testimony.
 Where, in a court of law, you are required to place your hand on a Holy Book and swear
that you’re telling the truth and nothing but the truth, similarly on an affidavit, you do
this in writing. You’re under oath, but you’re testimony is on paper. They are important
in a way that the oral submission/evidence/testimony is only admissible before a judge
but an affidavit can be used as an alternative to this.
 The law on affidavits in India is governed by Section 139, Order XIX of the Code of Civil
Procedure and Order XI of the Supreme Court Rules. Judiciary at many instances have
17
upheld the importance of the veracity of an affidavit by the virtue of the

aforementioned rules and sections.
Contents of an affidavit
Every affidavit containing any statement of facts shall be divided into paragraphs and each
paragraph need to be numbered. It will be more convenient if each paragraph shall be confined
to a distinct portion of the subject.
3. Attachment.
A: - execution against property is to take place by the process of attachment and sale of the
property or sale without attachment of property belonging to the judgement debtor.
Sections 60 to 64 and rules 41 to 57 of order 21 of the civil Procedure Code deals with the
provisions relating to attachment of property.
Section 60: - property liable for attachment and sale in execution of decree- following
properties are liable to attachment and sale in execution of a decree.
They are lands, houses, buildings, goods, Money, banknotes, checks, bill of exchange,
promissory notes, government securities, bonds, other securities for money, shares in a
corporation, movable and immovable property belonging to the judgement debtor.
Section 61: - properties which shall not be liable to attachment or sale in execution of decree-
following properties shall not be attached or sold in the execution of decree.
Necessary wearing Apparel, Cooking vessels, bedding, tools of artisans, implements of
husbandry, houses of agriculturists, wages, salaries, pensions and gratuities, compulsory
deposits, write the future maintenance ect.
Mode of attachment: - section 63, order 21 lay down provisions relating to the procedure for
attachment of different types of movable and immovable property.
4. Foreign judgement
A: - according to section 2 (6) of civil procedure code, foreign judgement means the judgement
of the foreign Court.
Section 13 and 14 of the code also lays down the provisions relating to the foreign judgement.
Section 13: - when foreign judgement not conclusive.
A foreign judgement is said to be conclusive between two parties if it involves the same subject
matter except
A. Where the judgement has not been pronounced by a court of competent jurisdiction.
B. Where it has not been given the merits of the case.
C. Where it appears incorrect view of international law or a refusal to recognise the law of
India.
D. Where it has been obtained by fraud.
E. Where the judgement is opposed to the principles of natural justice.
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Section 14: - presumption as to foreign judgement-

The court shall presume, upon production of any document purporting to be a certified copy of
a foreign judgement, that such judgement was pronounced by a court of competent jurisdiction
unless the contrary appears on the record.
5. Mesne profits
A: -
The expression 'Mesne Profits' literally means, "immediate Profits".
Section 2(12) of the code of civil procedure defines mesne profits as "those profits which the
person in wrongful possession of such property actually received or might with ordinary
diligence received therefrom, together with interest on such profits, but shall not include
profits due to improvements made by the person in wrongful possession".
To constitute 'mesne profits', the following conditions are to be satisfied.
1. There must exist some property, movable or immovable.
2. Such property must be in wrongful possession.
3. The person, who is in wrongful possession of such property must have received some profits
out of such property or if he has not actually received such profits, then such profits which he
might with ordinary diligence have received there from.
It is clear from the above that wrongful possession of the property by the defendant is the very
essence of a claim for mesne profits. If a person is deprived of his right to enjoy the property,
then he has two rights
i) To recover the property; and
i) To receive compensation/damages for wrongful dispossession.
6. Effect of acknowledgement of limitation.

A: -The term 'acknowledgement, simply means 'acceptance of a receipt or admitting a liability".
In Limitation Act, acknowledgement lengthens the period of limitation. The period of
limitation starts fresh from the date of the acknowledgement.
Section 18 to 20 of the Limitation Act, deal with the effect of acknowledgement.
Acknowledgement may be made by way of part payment or by mere written undertaking. If a
debtor acknowledges a liability, the period of limitation restarts from the date of
the acknowledgement.
Example: 'A' borrows Rs.5,000/- from 'B' and executes a promissory note on 1st August, 1994.
The period of limitation starts on 1st August 1994 and expires after 3 years i.e. on 31st July
1997. If 'A' acknowledges the liability on or before the expiry date, by way of a
written undertaking or a part payment, fresh period of limitation for three years re starts (re-
commences) from the date of the acknowledgement.
Section 18: - effect of acknowledgement in writing-
An acknowledgement to be effective it must be made before the expiry of the period of
limitation.
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7. Commissions
A: - Sections 75 to 78 deal with Commissions. Commission means a person or body of persons
appointed by the Court to perform certain specific duties. Appointment of commission is at the
discretion of the Courts. Section 75 provides that the Court may issue a commissíon
a) To examine any person.
b) To make local investigations.
c) To examine or adjust accounts.
d) To make partition of immovable property.
e) To hold scientific, technical or expert investigations.
f) To conduct sale of property which is of perishable nature.
g) To perform any ministerial act.
Powers of Commissioner: - Rule 16 enacts the powers of the Commissioners.
Any Commissioner appointed under the Order 26 has the following powers:
a) The Commissioner examines the witness or witnesses referred to him.
b) He shall call for and examine the documents and other relevant things to subject of inquiry,
which is involved in the suit.
c) He shall enter at any reasonable time upon or into any land or building mentioned in the
order.
8. Counter claim.
A: -Rules 6.A to 6.G of Order 8 after civil procedure code deals with counter claim by
defendant. It is a cross action by the defendant.
Meaning: Counter-claim may be defined as "a claim made by the defendant in a suit against the
plaintiff". It is a claim independent of and separable from the plaintiffs claim, which can be
enforced by a cross action. It is a cause of action in favour of the defendant against the plaintiff.
When the defendant has an action against the plaintiff which he can bring in a separate suit,
then he can file the counter claim in the existing suit in his written statement giving the facts of
which is based.
The object of counter claim is to reduce the pendency of cases and the cause of action and
cross claims of similar nature. It reduces the expenditure, time and convenience of the parties
and courts.
9. Set off
A: - Rule 6 of order 8 deals with set off.
It is a cross claim which partly offsets the original claim. it is an extension of debts of which two
persons are reciprocally debtors to one another by the credits of which they are reciprocally
creditors to one another. Where there are mutual debts between the plaintiff and the
defendant, one debt may be settled against the other.
Example: - ’A’ entered into a contract with 'B' by which 'A' shall deliver 100 bales of cotton to
'B, 'A' stopped supply after giving 25 bales. 'B' refuses to pay for the 25 bales of cotton already
20
supplied. If 'A' files a suit for recovery of price for 25 bales, 'B' can claim damages for violating
contract from 'A' and claim to set-off it from the price. It is a set-off.
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Criminal Procedure Code, 1973
Syllabus: -
1. Criminal justice system. Constitutional perspectives.
2. Investigation proceedings.
3. Jurisdiction of courts, inquiry proceedings and bail provisions.
4. Security and maintenance proceedings.
5. Trial proceedings. Pleas and limitations to bar the trail.
6. Judgement, appeals, reference, revision and execution.
7. Juvenile justice system.
8. Probation of offenders and Parole.
9. Reforms in criminal procedure.
Long answer questions: -

1. What are the constitutional safeguards provided to an accused person?
A: - Article 20 and Article 22 of the constitution of India provides the safeguards to the arrested
persons and persons arrested under preventive detention laws.
Article 20: - Protection in respect of conviction for offences.
(1) No person shall be convicted of any offence except for violation of a law in force at the time
of the commission of the Act charged as an offence,
No person shall be inflicted a greater penalty than that mentioned in the law at the time of
commission of the offence.
Retrospective operation of criminal laws is invalid.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.
Article 22:-
Clause 1 and clause 2 deals with the rights of the arrested person.
Clauses 4 to 7 of the article 22 deal with the rights of a person who is detained under the
preventive detention laws.
Rights of an arrested person:-
 A person shall be informed on the grounds of arrest as soon as he is arrested.
 Right to consult and to be defended by a legal practitioner of his choice. Article
39.a of the constitution provides for free legal aid and it is a constitutional
mandate under the article 21 of the constitution.
 Right to be produced before the nearest magistrate within 24 hours of arrest.
 Right not to be detained in custody beyond the 24 hours without the authority of
the magistrate.
Rights of a person arrested under preventive detention laws:-

1. No detention shall be extended beyond 3 months unless such detention is approved by
the advisory board.
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2. The detaining authority must communicate the grounds of such detention to the detenu
as soon as possible.
3. The Detenu must be afforded the earliest opportunity of making a representation
against the order of detention.
4. In case if there exists a law of parliament providing for the period of maximum
detention, then that detention shall not exceed such maximum period.
2. Explain the provisions relating to arrest.

A: - chapter 5 of the criminal Procedure Code containing sections 41 to 60 lays down the
provisions relating to arrest of persons.
Arrest: - meaning and definition:-
The expression 'Arrest' is derived from the French word 'Arrester', which means 'to stop our
stay'. So arrest means deprivation of personal liberty of a person by a legal authority. The word
arrest has not been defined in the CrPC and IPC.
Union of India vs. Padam Nurain.
Supreme Court defined arrest as follows- Arrest is the execution of the command of a court of
law or of a duly authorised officer.
A warrant is a written order of a court addressed to one or more police officers, directing to
arrest a person, whose name and address is given with the offence charged, for the purpose of
producing him before the court on a specified date and time.
Arrest without warrant:-
Generally a person shall be arrested with a warrant. However, a person maybe arrested without
warrant because of serious nature of the circumstances and to enable the police to discharge
their duties effectively. Arrest without warrant can be made under the following instances.
A. Arrest without warrant by police.
B. Arrest by a private person.
C. Arrest by a magistrate.
A. Arrest without warrant by police:-

1. Section 41 contains the circumstances under which a police arrest without warrant.
2. Section 41.A contains the circumstances under which a police officer has to issue a
notice of appearance to a person before such police officer.
3. Section 41.B provides the procedure of arrest and duties of police officer making arrest.
4. Section 42 empowers the police to arrest a person accused of committing a non
cognizable offence who refused to reveal or give his name and address.
Section 42 gives wide powers to a police officer to arrest a person without a warrant under the
following circumstances:-
 A person who commits a cognizable offence in his presence.
 Any person against whom credible information has been received that he has
committed a cognizable offence punishable with imprisonment for more than seven
23
years and the police officer has reason to believe that such person has committed such
offence.
 Any proclaimed offender.
 Any person in possession of anything reasonably suspected to be stolen property.
 Any person obstructing a police officer in execution of his duty or escaping from lawful
custody.
 Any deserter from the armed forces.
 Any person designing to commit a cognizable offence which cannot otherwise be
prevented.
 section 55 provides the procedure to be followed by a police officer, who disputes
another officer subordinate to him to arrest a person without warrant
B. Arrest by a private person: -

 Every person has a duty to inform the police or a nearest magistrate the commission of
an offence. He can also arrest the offender and handover him to the police.
 Section 43 deals with arrest by a private person and procedure to be followed in respect
of such arrest.
 Section 43:- a private person can arrest a person, who commits a non bailable and
cognizable offence in his presence.
 A private person can arrest any person, who is a proclaimed offender.
C. Arrest by magistrate: -
Section 44 deals with this. Any magistrate, whether executive or judiciary may arrest the
person within his jurisdiction,
 If such person commits an offence in his presence.
 If such magistrate has the competent power to issue warrant for the arrest of any
person.
Arrest how made:-
Section 46 of the criminal Procedure Code lays down the provisions relating to the procedure
for arrest.
 In making an arrest the police officer or other person making the same shall actually
touch or confine the body of the person to be arrested unless he submits himself to the
custody by word.
 If a person forcibly resist the endeavour to arrest him then such police officer may use
all necessary means to affect the arrest.
 Unless in exceptional circumstances, no woman shall be arrested after sunset and
before sunrise. To arrest a woman after sunset and before sunrise, a woman police
officer shall only arrest the women with the prior written permission of judicial
magistrate of first class.
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3. What are the various rights available to an arrested person?

A: - The code of criminal procedure and Indian constitution confers certain rights on the
persons arrested to safeguard their interests.
The rights of arrested persons under CrPC:-
A. Right to be informed of the grounds for arrest [section 50(1)]:-
The person arrested without warrant has a right to know the grounds or the reasons for his
arrest.
B. Right to bail [section 50(2)]:-
If a person arrested is not charged with non bailable offence, he has a right to be informed of
various provisions for bail.
C. Right to be produced before the court (section 56 & 76):-
Section 56- the person arrested without warrant has to be produced before the officer in
charge of the police station.
Section 76- the police officer executing a warrant of arrest shall without unnecessary delay
bring the person arrested before the court.
D. No detention beyond 24 hours without judicial security (section 57):-
The person arrested should not be detained beyond 24 hours except under the authority of a
magistrate. The time taken for the journey from the place arrest to the magistrate’s court is
excluded from the 24 hours.
E. Right to consult legal practitioner (section 303):-
The person arrested has a right to consult a legal practitioner of his choice to defend himself.
F. Right to be examined by medical practitioners (section 54):-
The arrested person has a right to request the authorities that he may be examined by two
medical practitioners to disprove the allegations against him. The medical officer after
examining the arrested person shall prepare the record of such examination mentioning any
injuries or marks of violence upon the arrested person and the approximate time when such
injuries or marks have been inflicted.
Rights of arrested person under the constitution of India:-

Article 20 and Article 22 of the constitution of India provides the safeguards to the arrested
persons and persons arrested under preventive detention laws.
Article 20: - Protection in respect of conviction for offences.
(1) No person shall be convicted of any offence except for violation of a law in force at the time
of the commission of the Act charged as an offence,
No person shall be inflicted a greater penalty than that mentioned in the law at the time of
commission of the offence.
Retrospective operation of criminal laws is invalid.
(2) No person shall be prosecuted and punished for the same offence more than once.
25
(3) No person accused of any offence shall be compelled to be a witness against himself.
Article 22:-
Clause 1 and clause 2 deals with the rights of the arrested person.
Clauses 4 to 7 of the article 22 deal with the rights of a person who is detained under the
preventive detention laws.
Rights of an arrested person:-
 A person shall be informed on the grounds of arrest as soon as he is arrested.
 Right to consult and to be defended by a legal practitioner of his choice. Article 39.a of
the constitution provides for free legal aid and it is a constitutional mandate under the
article 21 of the constitution.
 Right to be produced before the nearest magistrate within 24 hours of arrest.
 Right not to be detained in custody beyond the 24 hours without the authority of the
magistrate.
Rights of a person arrested under preventive detention laws:-

 No detention shall be extended beyond 3 months unless such detention is approved by
the advisory board.
 The detaining authority must communicate the grounds of such detention to the detenu
as soon as possible.
 The Detenu must be afforded the earliest opportunity of making a representation
against the order of detention.
 In case if there exists a law of parliament providing for the period of maximum
detention, then that detention shall not exceed such maximum period.
4. Explain the process of search and seizure under CrPC.

A: - Under section 91 of the CrPC, the court summons someone to produce certain documents,
articles, books and other evidences before it. In case the person summoned did not produce
such things before the court, then the court order for search and seizure of such documents.
Search and seizure: - (section 93 to 98)
Search warrant is a written authority given to a police officer or other person by a competent
magistrate for the search of any place either generally or for specified things or documents.
Search warrants are issued for following purposes:-
A. For production of a document or things.
B. For search of a house suspected to contain stolen property, forged documents.
C. For seizing any forfeited publications.
D. For discovery of persons wrongfully confined.
Section 93:- conditions under which a search warrant is served.
1. Where the court has reason to believe that the person summoned to produce a document or
thing will not produce it.
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2. Where such document or thing is not known to the court to be in possession of any person.
3. Where is a general inspection or search is necessary.
4. The person charged with the execution of search warrant should only search such a
particular place which is mentioned in the search warrant but not such other places which are
not mentioned therein.
5. For searching a document, parcel in the custody of a postal or telegraph authority only the
district magistrate or the chief judicial magistrate have the Authority to issue the search
warrent.
Section 94:- search of a house suspected to contain stolen property or forged document-
A district magistrate or sub divisional magistrate or first class magistrate is empowered under
section 94 of the code to issue search warrant to a police officer above the rank of a constable
when he believes that any place is used for deposit or sale of stolen property or production of
objectionable articles.
The objectionable articles to which this section applies are:-
 Counterfeit coins.
 Pieces of metal made in contravention of the metal tokens Act.
 Counterfeit currency note
 Counterfeit stamps
 Forged documents
 False seals
 Obscene objects referred to in section 292 of IPC.
 Instruments or materials used for the production of any of the articles mentioned in 1 to
7.
Section 95:- seizure of forfeited publications-
Where any newspaper or book or document appears to have contained some seditious matter
or promotes enmity between two groups or insults any religion, the state government
may declare such publication to be forfeited and any police officer may seize it anywhere in
India.
Section 96:- application to High Court to set aside declaration of forfeiture-
Any person having any interest in any newspaper, book or other document which is declared to
be forfeited by the government, then such person can approach the High Court to set aside the
declaration of forfeiture within 2 months of such declaration on the ground that those
documents did not contain any such type of seditious matter as mentioned in section 95.
Section 97:- discovery of persons wrongfully confined-
The district magistrate or sub divisional magistrate or first class magistrate has the power to
issue search warrant if there is a reason to believe that any person is wrongfully confined and
the confinement amounts to an offence. If such person is found he should be brought before
the magistrate.
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5. Explain the provisions regarding bail.

A: - chapter 33 of the criminal Procedure Code containing the sections 436 to 450 deals with
the provisions relating to bail and bonds.
Basic rule: - individual freedom is the basic concept in democracy. So it must be safeguarded.
Therefore every individual including an accused is entitled to personal liberty and cannot be
detained behind the bars unless he is found guilty by a court of law. So the basic rule envisages
bail and not jail and thus enshrined in article 21 of the Indian constitution as- no one shall be
deprived of his life or personal liberty except according to the procedure established by law.
Object: - the object behind arresting and detaining a person in police or judicial custody is to
make him available at the time of trial. Granting or denying bail is a delicate blending of two
conflicting principles. The reason is, until and unless the trial is complete we cannot say
whether the accused is an innocent or a culprit. Sometimes rejecting bail may threaten the
personal liberty of an innocent accused, and sometimes granting bail may give room to an
actual culprit to enjoy freedom. Keeping this in mind, the code with reference to bail,
categorise certain offences into two categories.
They are-
A. Bailable offences.
B. Non bailable offences.
A. Bailable offences: - bailable offence is one in respect of which a person arrested is entitled to
be released on bail from the custody.
Section 2(a) of the code defines: bailable offences means, an offence which is shown as bailable
in the first schedule or which is made bailable by any other law for the time being in force.
B. Non bailable offences: - according to section 2(a) of the code: non bailable offences means
which are shown as not bailable under the first schedule. Non bailable offences are more
serious when compared to the bailable offences.
Cases in which bail may be granted: - if the offence is bailable, it is the right of the accused to
get the bail.
Section 436 deals with the cases in which bail may be taken.
Section 436:- where the person arrested without warrant is not accused of a non bailable
offence and is prepared to give bail, then he is required to be release him on bail.
If the accused failed to comply with the conditions of the bail bond as regards the time and
place of attendance the court may refuse to release him on bail.
Maximum period which an under trial prisoners can be detained: - section 436A.
An Under trial prisoner other than the one accused of an offence punishable with death, shall
be released on bail if he has been under trail for a period of more than one half of the
maximum sentence provide for the alleged offence.
28
Investigation incomplete (section 167):- according to section 167, if the investigation is

incomplete then the person's detention can be extended beyond 24 hours for the purpose of
investigation after obtaining a special order from the magistrate.
When bail may be taken in case of non bailable offences:- section 437 empowers the court or a
police officer to release an accused on bail in a non bailable case unless there appears
reasonable grounds that the accused has been guilty of an offence punishable with death or
imprisonment for life.
In case of non bailable offences, granting bail is a matter of discretion of the court. The Court of
Session or the high court has a wide discretion in granting bail even in respect of offences
punishable with death or imprisonment for life.
Bail to require accused to appear before next appellate court:- section 437A- Before conclusion
of the trial and before disposal of the appeal, the Court trying the offence or the Appellate
Court, as the case may be, shall require the accused to execute bail bonds with sureties, to
appear before the higher Court as and when such Court issues notice in respect of any appeal
or petition filed against the judgment of the respective Court and such bail bonds shall be in
force for six months.
section 437A of the Criminal Procedure Code (CrPC) -- requires that a person acquitted has to
furnish a bail bond and sureties, valid for a period of six months, to be released from custody.
This is to ensure he or she is available if the state prefers an appeal against the acquittal.
Anticipatory bail: - section 438.

The expression anticipatory bail means bail in anticipation of arrest. When the court grants
anticipatory bail, it makes an order that in the event of arrest a person shall be released on bail.
There is no question of release on bail unless a person is arrested and therefore it is only on
arrest that the order granting anticipatory bail becomes operative.
Appealability of the order: - section 439- all orders password under section 436 shall be
appeable.
6. What is charge? Explain the form and contents of charges.

A: - chapter 17 containing the section 211 to 224 deals with the provisions relating to charge.
The charge: -The charge literally means accusation. For the purpose of trial procedure it may be
defined as "a form of accusation in writing against the accused of committing an offence or
offences". If the charge contains different offences, each offence is called head of charge.
The object of charge is to forewarn and to inform the accused clearly about the accusations
made against him before the trial so that he can equip himself with the defences.
Form and content of charge: - sections 211 to 217 of the code deal with the provisions relating
to form and contents of the charge.
Contents of charge (section 211):- charge contains the following
 The offence with which the accused is charged.
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 If the offence has a specific name under any specific law, then the name of such offence
should be mentioned.
 If the offence charged has no name then its description should be made.
 The section and the name of the branch of law under which the offence is alleged to
have been committed shall be mentioned in the charge.
 The charge shall be written in the language of the court.
 If previous conviction of the accused is to be proved then the particulars as to previous
conviction shall be furnished in the charge.
 It must contain the particulars as to time and place of the alleged offence.
 In case if the above contents do not give sufficient notice to the accused, the narration
of the committance of the offence must be provided.
Section 212:- particulars as to time, place and person-
The charge shall contain such particulars as to the time and place of the alleged offence,
and the person against whom it was committed.
Section 213:- when manner of committing offence must be stated-
when the nature of the case is such that the particulars mentioned in sections 211 and 212 do
not give the accused sufficient notice of the matter with which he is charged, the charge shall
also contain such particulars of the manner in which the alleged offences was committed will
be sufficient for that purpose.
Section 214:- words in charge taken in sense of law under which offence is punishable-
The words used in the charge for describing an offence should be given a meaning as used in
the law.
Section 215:- effect of errors-
No error in stating either the offence or the particulars is required to be stated in the charge
and no omission to state the offence shall be regarded at any stage of the case as material,
unless the accused was in fact misled by such error or omission and it has occasioned a failure
of justice.
Section 216:- powers of the court to alter the charge-
The court is empowered to alter the charge before the judgement and it shall not be done to
the prejudise of the accused. And every such alteration shall be read and explained to the
accused.
Section 217:- recall of witness when charge altered-
If the charge is altered by the court after the commencement of the trail, then the prosecutor
and the accused shall be allowed to recall and re examine the witnesses unless the court thinks
that the recalling of witnesses is to delay or defeat the ends of justice.
The court can also call further witness whom the court may think to be material.
Sections 218 to 224 deals with joinder of charges. If a person committed different offences then
a joint charge can be levied and can be tried at one trail.
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7. Explain the significance of summary trials in CrPC.

A: -
Summary trial: - summary trial means speedy trial or without any delay of formal proceedings
that is in an informal manner. Certain cases, both summons cases and warrant cases, which are
relatively less serious may be tried summary.
Chapter 21 containing section 260 to 265 lays down the provisions relating to summary trials.
Section 260:- empowers the magistrate to try summarily.
Section 261:- summary trial by magistrate of second class.
Section 262:- procedure for summary trials.
Section 263:- record in summary trials.
Section 264:- judgement in cases tried summarily.
Section 265:- language of record and judgement.
Magistrates competent to try summarily (section 260):-

Notwithstanding anything contained in this code
A. Any Chief judicial magistrate,
B. Any metropolitan magistrate,
C. Any magistrate of the first class specially empowered in this behalf by the High Court,
May try the following offences summarily,
 Offences not punishable with or imprisonment for life, imprisonment for a term
exceeding 2 years.
 Theft, where the value of the property does not exceed 2000 rupees.
 Receiving or retaining stolen property, where the value of the property does not exceed
2000 rupees.
 Assisting in the concealment of stolen property, where the value of such property does
not exceed 2000 rupees.
 Insult with intent to provoke breach of the peace.
 Abatement of any of the foregoing offences.
 Can attempt to commit any of the foregoing offences.
Summary trial by magistrate of the second class (section 261):-
The High Court may confer on any magistrate invested with the powers of a magistrate of the
second class to try summarily any offence which is punishable only with fine or with
imprisonment for a term not exceeding 6 months.
Procedure for summary trials (section 262):-
The procedures specified in this code for the trial of summons cases shall be followed except as
hereinafter mentioned. Under the chapter the maximum sentence should be imposed is only 3
months.
Recording summary trials (section 263):-
The record of the summary trial is kept in the form prescribed by the concerned state
government. In summary trial formal charge is not framed and the evidence of witness is not
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recorded. The record should be made by the magistrate himself. He should not depute this duty
to his clerk. The record should be made at the time of trial and afterwards.
Contents of the record-
 The serial number of the case.
 The date of the commission of the offence.
 The date of the report or complaint.
 The name, current age and residence of the accused.
 The plea of the accused and his examination.
 The finding.
 The sentence or other final order.
 The date on which proceedings terminated.
Judgement (section 264):-
In every case tried summary in which the accused does not plead guilty the magistrate shall
record the substance of the evidence and a judgement containing a brief statement of the
reason for the finding.
Language of record and judgement (section 265):-
Every record and judgement of the summary trial shall be written in the language of the court.
The High Court authorise any magistrate to prepare the record by means of an officer
appointed in this behalf by the chief judicial magistrate, and the record or judgement so
prepared shall be signed by such magistrate.
8. Explain briefly about Juvenile justice system.

A: - Today's child is tomorrow's citizen. Similarly, today's Juvenile delinquent maybe tomorrow's
international criminal as most of the adult criminals have their roots of criminality in the
childhood. Unless the delinquent roots of the Juvenile plant are cut out in the early stage, it will
grow into a big tree scattering various branches of criminality and it will become a serious
threat to unity, integrity and economy of the nation. So in the interest of the nation in general
and individual in particular, certain privileges or immunities are provided for the juvenile
delinquents. As such, special courts known as juvenile courts are constituted. Special
legislations such as Juvenile justice (care and protection of children) Act 2000 and the probation
of offenders act passed for differential treatment of the juveniles.
Objects:-
A. To lay down a uniform institutional and legal framework for Juvenile justice throughout the
territory of India.
B. To lay down norms and standards for the administration of Juvenile justice in respect of care,
treatment and rehabilitations.
C. To provide for specialised approach towards the prevention and treatment of Juvenile
delinquency.
D. To constitute special offences in relation to juveniles and provide for punishments therefor.
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E. To bring about the operation of Juvenile justice system in the country on the lines of the
United Nations standard minimum rules for the administration of Juvenile justice 1955.
Definitions (section 2):-
2(c). Board means a Juvenile justice board constituted under section 4.
2(f). Committee means a child welfare committee constituted under section 29.
2(k). Juvenile or child means a person who has not completed 18 years of age.
2(l). Juvenile in conflict with law means Juvenile, who is alleged to have committed offence.
Child in need of care and protection means- a child
 Who is found without any home,
 Who resides with a person ( a guardian or other) and such person threatens the child to
kill,
 Who is mentally and physically challenged,
 Who has a parent or guardian and such Parent or guardian is unfit or incapacitated to
exercise control over the child.
2(s). Probation officer means an officer appointed by the state government as a probation
officer under the probation of offenders Act 1958.
Juveniles in conflict with law (sections for 4 to 28):-
Section 4:- the state government is empowered to constitute a Juvenile justice board for a
district or a group of districts.
Section 5:- procedure to be followed by the Juvenile justice board.
Section 6:- powers of the Juvenile justice board- the Juvenile justice board is empowered to
deal with all the proceedings under this act.
Section 7:- procedure to be followed by a magistrate.
Section 8:- observation homes- observation homes established by the state government or by a
voluntary organisation which is certified by the state government.
Section 9:- special homes- established by the state government are by voluntary organisation
and certificate by the state government.
Section 10:- apprehension of juvenile- when a juvenile in conflict with law is apprehended by
police, he shall be placed under the charge of the special Juvenile police unit.
Section 12:- bail of juvenile.
Section 21:- prohibition of publication of name of Juvenile involved in any proceeding under the
act.
Section 23:- punishment for cruelty to Juvenile or child.
Section 24:- employment of Juvenile a child for begging.
Child in need of care and protection (section 29 to 39):-
Section 29:- child welfare committee- the committee shall function as a bench of magistrates
and shall have the powers conferred by the CrPC on a metropolitan magistrate.
Section 31:- powers of committee- the committee shall have the final authority to dispose of
cases for the care, protection, treatment, development and rehabilitation of the children as
well as to provide for their basic needs and protection of human rights.
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Section 34:- empowers the state government to establish and maintain children's homes in
every district in a group of districts.
Rehabilitation and social reintegration (sections 40 to 45):- the board shall be empowered to
give children in adoption and carry out investigations as are required in accordance with the
guidelines issued by the state government from time to time.
Miscellaneous provisions (section 46 to 70).
9. Juvenile delinquency
A: - the term Juvenile means child and delinquent means criminal. Juvenile delinquency means
crime committed by a child or child criminal.
Section 2 (e) of juvenile justice act, delinquent Juvenile means a juvenile who has been found to
have committed an offence.
Section 2(k), Juvenile means a boy who has not attained the age of 18 years.
Causes of Juvenile delinquency:-
A. Broken home/family.
B. Poverty.
C. Bad companionship.
D. Early physical maturity.
E. Lack of proper education.
A. Broken home/family: - The home is the cradle of huge personality. Every person from the
moment of birth is deeply influenced by the people around him. Whatever is learnt in the
family has strong influence in the mind of the child and the juvenile interprets the
human relationship accordingly. Family is a compact unit wherein harmonization and
culturization takes place with love and affection and with inter- personal relationship. The
alcoholic or drug addict father or immoral mother or divorced family facilitates the propensities
(behaviour) of juvenile delinquency. Therefore, the broken home has serious impact in
the mind of the juvenile on the emotional and socio economic relationship.
B. Poverty: - poverty is one of the main reasons for the causation of crime and delinquency.
Poverty operates as cause of crime through it's a social accompaniment such as segregation in
slum areas, low social status, inadequate housing conditions and poor health, premature
withdrawal from school.
C. Bad companionship: - the companionship also has a vital role to play in the Juvenile
delinquency. A child's companionship and associations are patterned by his emotional, social
and economic needs of security, recognition and material gain.
D. Early physical maturity: - Early physical maturity inducement by oversexed films,
T.V., pornography, violence blended cinema, etc. The imbibed feelings about criminals through
media are vital reasons for juvenile delinquency. Juveniles learn and imitate such Characters of
the story. The delinquent propensities form a sediment in the subconscious mind and ebbs up
and put into action according to the Circumstances and environment.
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5. Lack of Proper Education:-Lack of moral education in the schools and colleges etc., of lack of
practisers of the true preaching, lack of parental control at home and lack of teachers' control
in the schools and colleges are also attributable factors for delinquency.
Preventive measures:-
Juvenile delinquency is a serious social evil. In the interest of the individual in particular and the
interests of the society in general, it must be eradicated by adopting the following measures,
 The parents must take care of the children and should not give them an opportunity to
associate with bad companions.
 They should teach morals and ethics to have an effective control over the children.
 Ideal and modern education system will eradicate delinquency among the children.
 The government must pass necessary legislation for the welfare of the children and child
labour.
 There should not be any political interference in granting probation or paroles.
 Reformative schemes are to be encouraged rather than correction through
imprisonment.
 The government must take necessary steps to eradicate illiteracy by providing for free
and compulsory education and must take necessary steps for eradication of poverty.
10. Probation of offenders Act, 1958.

A:- when a person is convicted of an offence, as a special case by virtue of age or other reason
is not sent to prison but is kept under the supervision for the purpose of correcting him as a
good citizen, he said to have been kept on probation. The officials who supervises is called
probation officer.
Probation may be defined as "a method of dealing with specially selected offenders and
consists of conditional supervision of punishment while the offender is placed under personal
supervision and is given individualised treatment".
Advantages of Probation:
A. Probation enables a convicted person to correct himself as a responsible citizen in the
society.
B. The process of probation is less expensive when compared to institutional treatment
(imprisonment).
C. The Probation Officer will be able to make use of all the Community facilities for
rehabilitation.
Disadvantages:-
Despite above merits, the institution of probation is not free from certain demerits as follows:
A. The probation officers may be influenced (undue influence or political influence) to furnish
good report so that the person convicted is released.
B. It eliminates fear among child or young delinquents and accelerates crime-rate.
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Salient features:-
Section 2 (b):- probation officer- an officer appointed to be a probation officer recognised as
such under section 13.
Section 3:- release after admonition-
When a person below 21 years is found guilty of an offence punishable with not more than 2
years and no previous conviction is found against him, the court under section 3 of the act may
release in after admonition.
Section 4:- conditional release on probation-
It empowers the court to release on probation with or without surety a person guilty of any
offence other than the offence punishable with imprisonment for life. It says that the period of
probation should not exceed 3 years at first instance.
Section 6:- age limit of probation-
The age of the probationer must be below 21 years. However, the court has a discretionary
power to release on probation in exceptional cases if the punishment is not life imprisonment
or death sentence.
Appointment and duties of probation officer:-
Section 13:- appointment of probation officer-
A probation officer under this act shall be-
A. A person appointed to be a probation officer by the state government.
B. A person provided for this purpose by a society recognized in this behalf by the state
government.
C. in any exceptional case any other person who, in the opinion of the court, is it to act as a
probation officer in the special circumstances of the case.
Section 14:- duties of probation officer-
 Supervise probationers and other persons placed under his supervision.
 Enquiry into the circumstances of any person accused of any offence, in accordance with
any direction of a court with a view to assist the court in determining the most suitable
method of dealing with him.
 Advise and assist offenders in the payment of compensation of costs ordered by the
court.
 Perform such other duties as may be prescribed.
Section 15:- probation officers to be public servants-
Every probation officer and every other officer appointed in pursuance of this act shall be
deemed to be public servants within the meaning of section 21 of the Indian penal Code.
Section 16:- protection of action taken in good faith-
No suit or other legal proceedings shall lie against the State government or any probation
officer appointed under this act in respect of anything done in good faith while discharging the
duties of such probation officer.
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Short answer questions:-

1. Prosecutor
A: - section 24 of the criminal Procedure Code confers on the state and Central governments
power to appoint public prosecutor and additional public prosecutor in consultation with the
high courts concerned. Any person appointed under section 24 of the code and includes any
person acting under the direction of a public prosecutor is called as prosecutor.
In every district the state government should appoint a public prosecutor and assistant public
prosecutor.
Eligibility: - a person to be appointed as a public prosecutor or additional public prosecutor
should be in practice for at least seven years.
An advocate with 10 years practice or more can also be appointed as a special public
prosecutor.
Procedure for appointment: - the district collector in consultation with the district sessions
judge prepares a panel of names who are in his opinion found fit to be appointed as public
prosecutors in the district.
The public prosecutor acts on behalf of the state to prove the guilt of the accused and to punish
him.
2. Executive magistrate:-
A: - the code adopted the separation of judiciary from the executive.
 The judicial magistrates and metropolitan magistrates are under the control of the High
Court.
 The executive magistrates such as district collector, sub collector, tahsildars are kept
under the control of the state government.
 In every district and every metropolitan area, the state government is power to appoint
as many persons as thinks fit to be executive magistrate. Similarly it may also appoint
any executive magistrate to be an additional district magistrate.
 Similarly the state government can confer the powers of executive magistrate on the
commissioner of police.
 It is for the district magistrate to make rules for the distribution of business amongst the
executive magistrate subordinate to him.
3. FIR.
A: - FIR means first information report. Every person who is aware of the commission of an
offence has a duty to inform the same to the nearest police station. The police officer records
the information and it is called first information report. FIR is information given to the police
orally or in writing as to the commission of an offence so as to put the police in motion to
investigate.
This is an important document on the basis of which investigation starts. The principal object of
the first information report is to set the criminal law in motion. It is however not a substantive
piece of evidence.
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4. Cognizable and non cognizable offences.

A:- cognizable offences:- section 2 (c) of the criminal Procedure Code defines cognizable
offence as "an offence in which a police officer may in accordance with the first schedule or
under any other law for the time being in force arrest without warrant.
The term cognizance is used to indicate the point When a magistrate take judicial notice of an
offence with a view to initiating proceedings against the offender in respect of that offence.
Following are some of the offences which are cognizable offences-
 Waging war against the Government of India.
 Assaulting the President of India or the governor of a state with intent to compel
restrain the exercise of any lawful power.
 Murder.
 Culpable homicide not amounting to murder.
 Causing death by rash or negligent act.
 Causing dowry death.
 Theft.
 Extortion.
 Public officer unlawfully engaging in any trade.
Non cognizable offences: - section 2 (1) of the code defines non-cognizable offences as "an
offence for which a police officer has no authority to arrest without warrant".
As shown in the first schedule of the code, all offences punishable with 3 years and above come
within the purview of cognizable offences. While the offences punishable with less than 3 years
falls under the category of non cognizable offences.
5. Complaint.
A: - section 2(d) of the code defines complaint as "any allegation made orally or in writing to a
magistrate with a view to his taking action under the code, that some person, whether known
or unknown has committed an offence, but does not include a police report”.
Before an accusation can be called as complaint, the following requirements must be satisfied-
A. It must be made to a magistrate.
B. it must be made with a view that the magistrate may take action on it.
C. it must contain an allegation that some person, known unknown, has committed an offence.
D. It must not be a police report.
Just as a plaint is filed in a civil court, complaint is lodged to initiate criminal proceedings
against the accused.
6. Inquiry
A: - section 2(g):- inquiry means, every inquiry other than a trial conducted under this code by a
magistrate or the court.
 The purpose of enquiry is judicial determination other than guilt or innocence.
38
 It is a judicial or non judicial proceeding.

 It ends with charge or discharge.
7. Trial
A: - it is conducted by court or magistrate.
Trial is not defined under The criminal Procedure Code.
 The purpose of trail is judicial determination of any questions relating to guilt or
innocence of the accused.
 It is a judicial proceeding.
 It ends with conviction or acquittal of the accused.
8. Warrant cases.
A: - section 2 (x) - a warrant case is one which is related to an offence punishable with death or
imprisonment for life or imprisonment for a term exceeding 2 years.
Warrant cases are more serious in nature.
A warrant is issued by the court addressed to a police officer.
9. Summons cases
A: - section 2 (w) - summons case means a case relating to an offence and not being a warrant
case. The code classifies all offences into cognizable and non cognizable. The court also
classifies trial procedure into summons cases and warrant cases.
10. Compoundable and non compoundable offences.

A: - Criminal offences can also be classified as compoundable and non-compoundable offences.
Compoundable offences:-
1. Compoundable offences are those offences where, the complainant (one who has filed
the case, i.e. the victim), enter into a compromise, and agrees to have the charges
dropped against the accused. However such a compromise, should be a "Bonafide," and
not for any consideration to which the complainant is not entitled to.
2. Application for compounding the offence shall be made before the same court before
which the trial is proceeding. Once an offence has been compounded it shall have the
same effect, as if, the accused has been acquitted of the charges.
3. The code of criminal procedure lays down, i.e. bifurcated, the offences, which are
compoundable, and which are non-compoundable.
Non compoundable offences:-

There are some offences, which cannot be compounded. They can only be quashed. The reason
for this is, because the nature of offence is so grave and criminal, that the Accused cannot be
allowed to go scot-free. Here, in these types of cases generally, it is the "state", i.e. police, who
has filed the case, and hence the question of complainant entering into compromise does not
arise.
39
All those offences, which are not mentioned in the list under section (320) of CrPC, are non-
compoundable offences.
Examples of compoundable offences: -

 Uttering words etc, with deliberate intent to wound the religious feelings of any person
causing hurt.
 Criminal or house trespass
 Criminal breach of contract of service.
 Printing or engraving matters, knowing it to be defamatory.
Example of non compoundable offences (where permission of court is required): -
 Voluntarily causing hurt by dangerous weapons or means.
 Causing grievous hurt by doing on act so rashly and negligently as to endanger human
life or the personal safety of others.
 Wrongfully confining a person for three days or more.
 Assault or criminal force to woman with intent to outrage per modesty.
 Dishonest misappropriation of property.
11. Autrefois convict & Autrefois acquit.

A: - Autrefois Acquit and Autrefois Convict are the French terms literally meaning “previously
acquitted” and “previously convicted” respectively.
Doctrine of autrefois acquits and autrefois convict in relation to criminal procedure code, 1973:
- The Code of Criminal Procedure, 1973 which is the major procedural law with regard to the
criminal cases has incorporated this doctrine which has been provided in section 300 of this
code.
Section 300(1): A person who has once been tried by a court of competent jurisdiction for an
offence and convicted or acquitted of such offence shall, while such conviction or acquittal
remains in force, not be liable to be tried again for the same offence.
The Constitution of India has provided this protection as a fundamental right under Article
20(2) which provides “No person shall be prosecuted and punished for the same offense more
than once”.
12. Appeal, revision and reference.

A: - Section 372 to 394 of the criminal Procedure Code lays down to the provisions relating to
appeals.
Section 372:- no appeal shall lie from any judgement of a criminal court except as provided for
by this code.
Section 374:- appeals from convictions.
Section 378:- appeal against acquittal.
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Revision: - section 397 to 401.

The word revise means to bring back. The object of revisional jurisdiction is to exercise
supervisory jurisdiction over the lower court to correct any miscarriage of justice and to save
the time of the High Court.
Reference: - section 395 deals with provisions relating to reference.
According to section 395 every subordinate Court is required to make a reference to the high
court when a question of law arises.
Reference can be takes place in the following circumstances-
1. If the court satisfied that the case pending before it involves a question of
constitutional validity of any law.
2. The court is satisfied that determination of such constitutional validity is
necessary for disposal of the case before it.
3. If the court is of the opinion that such a legal provision is invalid or inoperative.
While making such reference to the high Court the subordinate court shall furnish the reasons
there for.
41
Law of Evidence
Syllabus: -
1. Concepts of evidence in classical Hindu and Islamic jurisprudence. British principles of
evidence. The main features of Indian evidence Act. Types of evidences under Indian evidence
Act.
2. The doctrine of Res Gestae. Test identification parade. Evidence of common intention. The
problems of relevancy of "otherwise" irrelevant facts.
3. Admissions and confessions.
4. Dying declarations.
5. Relevance of judgements.
6. Expert testimony.
7. Oral evidence.
8. Documentary evidence. Secondary evidence.
9. Examination of witnesses. General principles of examination. Lawful question in cross
examination.
10. Burden of proof.
11. Estoppel.
Long answer questions:-

1. Explain the various types of evidence under the Indian evidence Act 1872.
A: - the Indian evidence Act 1872 divides evidence into the following kinds.
1. Direct evidence
2. Indirect evidence or circumstantial evidence.
3. Real evidence.
4. Personal evidence.
5. Original evidence.
6. Hearsay evidence.
7. Primary evidence.
8. Secondary evidence.
9. Oral evidence.
10. Documentary evidence.
11. Judicial evidence.
12. Non judicial evidence.
1. Direct evidence: - it is also known as first evidence. Evidence given by direct witness or
eyewitness is called the direct evidence. Direct evidence is the testimony of a witness to the
existence or non existence of a fact.
2. Indirect or circumstantial evidence: - In cases, where direct evidence is not available, then
circumstantial evidence can be restored to. Circumstantial evidence is a testimony by witnesses
as to the circumstances from which and inference is to be drawn as to the fact in issue.
3. Real evidence: - it is evidence which is addressed to the sense of the Tribunal of the court.
Eg:- weapons, blood stained clothes.
42
Law of Evidence
4. Personal evidence: - it reaches the court through human agency. Oral testimony of witness is
a good example.
5. Original evidence: - the production of a thing proved in its original form. It is that evidence,
which a witness reports himself to have seen or heard through the media of his own senses.
Eg:- C says that he heard the cry of B , as 'save me, I am being killed by A'.
6. Hearsay evidence: - a witness reports that he himself did not see or hear. He reports that he
has learnt the fact through the medium of a third person. Hearsay evidence is no evidence and
is not admissible.
7. Primary evidence: - it means the document itself is produced for the inspection of the court.
Eg:- A sold his house to B for 50000 rupees and executed a registered sale deed. In a dispute as
to the title, it is primary evidence. Primary evidence is considered as the best evidence since it
provides proof with certainty.
8. Secondary evidence: - it is known as inferior or substituted evidence. It indicates the
existence of more original sources of information. Secondary evidence may be given in the
absence of primary evidence if proper explanation is given for such options.
According to section 63, copies made and compared with the originals, or Photostat copies may
be treated as secondary evidence.
9. Oral evidence: - it is the evidence which is brought to the knowledge of the court by the
verbal statement of a witness qualified to speak on the point. All facts may be proved by oral
evidence except the contents of documents.
10. Documentary evidence: - all documents produced for the inspection of the court, such
documents are called documentary evidence.
11. Judicial evidence: - it is evidence received by the courts of justice in proof or disproof of
facts.
12. Non judicial evidence: - evidence given in the proceedings before magistrate or officer not
in a judicial capacity, but administrative is non judicial evidence. But confessions made to police
officers are inadmissible.
2. Define Admission. Explain when admissions are relevant. And distinguish it from the
'confessions'.
A:-sections 17 to 23 deal with admissions.
Admissions: - admission means voluntary acknowledgement of the existence of a particular
fact.
Definition: - according to section 17 of the evidence act, an admission is a statement, oral or
documentary which suggests any inference as to any fact in issue or relevant fact, and which is
made by any of the persons, and under the circumstances, hereinafter mentioned.
To constitute admission, the following characteristics are to be present.
1. It may be oral or documentary.
2. It is a statement to suggest any inference as to any fact in issue.
3. It may be made by any person prescribed under the act.
4. It must be made under the circumstances prescribed under the act.
43
Law of Evidence
Persons competent or qualified to make admissions (sections 18-20):-
Section 18 to 20 of the act lays down the provisions relating to the persons competent to make
admissions. According to section 18, the following persons can make admissions.
1. Parties to the suit or process (civil or criminal).
2. Authorised agents of the parties.
3. Persons having proprietary or pecuniary interest in the subject matter of the suit.
Eg: -statement of admission made by one partner in a firm is an admission and shall be
binding on all other parts of the firm.
4. Persons from whom the party to the suit has derived his interest.
Sections 19 and 20 deal with statements by strangers.
Self serving statements when admissible (section 21):- the general rule is that self serving
statements are not accepted as admissions. But section 21 provides three exceptions to the
general rule.
They are: -
1. When such self serving statement is made by a person who is dead. This is called dying
declaration.
2. When it relates to any state of mind or body and is accompanied by conduct rendering
its falsehood.
3. If it is relevant otherwise than as an admission.
Eg:- A is accused of having in his possession counterfeit coin, which he knew to be counterfeit.
He offers to prove that he asked a skilful person to examine the coin, as he doubted whether it
was counterfeit or not, and that person did examine it and told him it was genuine.
Relevancy of oral admissions as to the contents of a document (section 22):- oral admissions
as to the contents of a document are irrelevant. They can be proved to be relevant by a party
who is entitled to give secondary evidence of its contents.
When oral admission as to contents of electronic records are relevant (section 22 A):- oral
admissions as to the contents of electronic records are not relevant, unless the genuineness of
the electronic record produced is in question.
Admission in civil cases, when relevant (section 23):- in civil cases no admission is relevant if it
is made,
A. Either upon an express condition that evidence of it is not to be given,
B. under the circumstances from which court can infer that the parties agreed together that
evidence of it should not be given.
Distinction between admission and confession:-

A. Admission is a voluntary acknowledgement as to the truth of a fact. Confession means a
statement made by an accused admitting his guilt.
B. Admission is defined under section 17 of the Indian evidence Act. Confession is not defined in
the act.
C. It is not a conclusive proof. Judicial confession is a conclusive proof.
D. All admissions are not confessions. But all confessions are admissions.
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Law of Evidence
E. admission is made in civil cases. Confession is made in criminal cases.
F. Admissions can be made on behalf of another or by a stranger. Confession must be made by
the accused himself.
3. Explain the problems relating to admissibility of confessions.

A: - confession means a statement made by an accused admitting his guilt. It is an admission or
acknowledgement as to the commission of an offence. If a person accused of an offence and he
makes a statement against himself it is called confession.
Sections 24 to 30 of the Indian evidence Act deal with the provisions relating to confessions.
Eg:- A is charged with the murder of B. If A said that he had killed B, it is a confession or
confessional statements by A. Confessions are special form of admissions. It is popularly known
as "all confessions are admissions, but all admissions are not confessions".
The confessions form parts of substantial evidence, So many confessions are not admissible.
There are so many conditions to be satisfied to make a confession as admissible.
"Confessio in judicio omini probatione major est"- confession in judicial proceedings is greater
than any other proof.
Section 24:- confessions caused by inducement, threat or promise- a confession to be
admissible in evidence, it must be free and voluntary. If it proceeds from
remorse(paschatapam) and a desire to make reparation (pariharapu) for the crime, it is
admissible. A confession made by an accused in a criminal proceeding is irrelevant, if it is
caused by any inducement, threat or promise.
Eg:- if the magistrate says the accused, 'explain, how you committed the offence, so that I will
help you'. It is inadmissible because the magistrate here induces the accused to confess by
promising him.
Conditions: - to attract the prohibition enacted in section 24 the following facts must be
established.
1. The statement in question is a confession.

2. Such confession has been made by the accused.
3. It has been made to a person in authority.
4. The confession has been obtained by reason of any inducement, threat or promise,
proceeding from a person in authority.
5. Such inducement, threat or promise must have reference to the charge against the
accused.
6. The Inducement, threat or promise must in the opinion of the court be sufficient to the
accused ground for supporting that by making it he would gain any advantage or avoid
any evil of a temporal nature in reference to the proceedings against him.
Section 25:- confessions to police officer- according to section 25 confession made to police
officer are inadmissible. Confession under section 25 may be a statement directly made to a
police officer orally or in writing or indirectly made to such police officer. The reason is that the
police officers in India resort to third degree methods to extort confession.
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Law of Evidence
Section 26:- confessions by accused while in custody of the police not to be proved against
him- a confession made by an accused in the presence of a police officer shall not be proved as
against such person, unless it is made in the immediate presence of a magistrate.
Section 27:- how much of information received from accused in the police custody may be
proved- according to section 27, when any information given by the accused in the police
custody leads to the discovery of an incriminating material object, like jewellery, weapons etc.
The portion of the information can be proved. The reason is that such discovery guarantees
truth of the information.
Eg:- A is tried for murder of B. If A, in police custody says 'I have killed B and buried the dead
body in my garden'. Accordingly, if the body is found, A's statement become provable under
section 27.
Conditions: - for application of section 27 the following conditions are to be satisfied-
1. the accused in police custody has given some information in his confessional statement.
2. Such information must relate to the discovery of certain facts relating to the commission
of some offence.
3. In pursuance of such information the police discovered certain facts.
4. The facts discovered must be connected with the offence.
Constitutional validity of section 27- according to article 23 (3) 'no person accused of an offence
shall be compelled to be witness against himself'.
So it was challenged on the above stated ground.
"State of Bombay vs. Kati Kallu Oghad"
The Supreme Court stated "it is to be presumed that the information given by the accused is
not given under compulsion. It is the prosecution to find out whether the accused gave the
information voluntarily or by compulsion. So section 27 is not voilative of article 20 (3)".
Section 30:- confession given by one accused can be considered against another in case both of
them are tried jointly for the same offence.
Eg: - A and B are jointly tried for the murder of C. It is proved that A said, 'B and I murderd
C'. The court may consider the effect of this confession as against B.
4. What is a dying declaration? Explain the general principles relating to the admissibility of
dying declaration.
A: - section 32 and 33 of the Indian evidence Act deals with the provisions relating to statement
by persons who cannot be called as witnesses.
Section 32:- cases in which statement of relevant fact by person, who is dead or cannot be
found etc. is relevant.
Section 32 makes relevant statements made by a person.
A. Who is dead,
B. Who cannot be found,
C. Who has become incapable of giving evidence,
D. Whose attendance cannot be procured without unreasonable delay or expenses.
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Law of Evidence
Dying declaration: - a dying declaration is a declaration written or verbal made by a person, as
to the cause of his death or as to any of the circumstances of the transaction, which resulted in
his death.
Eg: - A has been attacked by B. If A, shortly before death, makes a declaration holding B,
responsible for his injuries, it is called dying declaration.
Reasons for admissibility of dying declaration: - dying declaration is admissible for the following
two reasons-
1. As the victim is sole eye witness, exclusion of his evidence defeats the ends of justice.
2. Declarations made by a person under expectation of death are presumed to be true (a
person who is about to die would not lie).
Conditions: - for admissibility of dying declaration, the following conditions are to be satisfied.
 The declarant must have died: - dying declaration to be admissible, the declarant must
be dead. If the declarant survives, it is not admissible under section 32.
 Injuries must have caused the death: - the person must have died as a consequence of
the injuries inflicted, but not as a consequence of some other reason.
 Statement as to cause of death or circumstances leading to death: - the statement
must relate to the cause of his death or circumstances of the case resulting in his death.
Statements which relate to causes or circumstances not responsible for his death are
not admissible as the dying declaration.
 Cause of death must be in question: - the statement as to cause of the death of the
deceased person will be relevant only the cause of his death is in question.
 The declarant must be in good condition to make the declaration: - dying declaration
to be admissible under section 32, the person making the statement must be in a fit
condition to make the statement.
 The statement must be complete: - to be admissible in evidence dying declaration must
be complete.
 Competence of declarant: - the admissibility of statement under section 32 is based on
the assumption that the maker of the statement was competent to take oath as a
witness.
Section 33:- section 33 is an exception to the general rule that the person acting as a witness
should be present before the court. In a situation where a person is dead or not found or has
been incapable of giving evidence or his evidence cannot be procured without unreasonable
delay or expense or is kept out of the way of the adverse party, can be admissible as evidence.
5. Discuss the general principles of relevancy of previous judgements.

A: - section 40 to 44 of the Indian evidence Act deals with the provisions relating to judgement
of Court of justice when relevant.
Section 40:- if there exist any judgement, order, or decree relating to any subject matter on the
same facts, then it bars the other court from taking cognizance of a suit or holding a trial of the
same case. It is same as the doctrine of res judicata.
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Law of Evidence
Section 41:- relevancy of certain judgement in probate etc. Jurisdiction-
A final judgement, order or decree of a competent court (in the exercise of probate,
matrimonial, admiralty or insolvency jurisdiction) confers upon or takes away from any person
any legal character or declare that any person is entitled to such character or which declares
that any person is entitled to any specific thing absolutely is relevant when the existence of any
such illegal character is in the question.
A judgement in rem (a judgement which applies to the whole world) under section 41 shall be
conclusive in a civil as well as criminal proceedings.
Section 42:- relevancy and effect of judgements, orders or decrees, other than those
mentioned in section 41-
According to section 41 a judgement other than those mentioned in section 41 are relevant if
they relate to matters of public nature relevant to the enquiry, but such judgements on not
conclusive proof.
Eg:- A sued B for trespass on his land. B alleged that there exist a public way of right. The court
grants a degree in favour of the defendant B. Then in a subsequent suit if A sues C for trespass
of land, then the decree passed in favour of B is relevant but such decree is not a conclusive
proof that the right of way exists.
Section 43:- judgement other than those mentioned in section 40 to section 42 when
relevant- a judgement other than those mentioned in section 40, 41, 42 are irrelevant, unless
the existence of such judgement is a fact in issue, or is relevant under some other provision of
this act.
Eg:- A is charged with theft and having been previously convicted of theft. The previous
conviction is relevant as a fact in the present issue.
Section 44:- the general rule is that a judgement of a competent court shall be binding on the
parties to the suit. But on the following grounds the judgement can be impeached.
1. Lack of jurisdiction.
2. The judgement was obtained by way of fraud.
3. The judgement was obtained by way of collusion.
6. Who is an expert? Explain the general principles of experts' testimony.

A: - section 45 to 51 of Indian evidence Act deals with the provisions relating to opinions of
experts.
Section 45 defines an expert as, one who has acquired specialised knowledge; skill or
experience in any science, trade or profession, such knowledge may have been acquired by
practice, observation or careful studies.
Section 45:- when the court has to form an opinion upon a point of foreign law, or of science,
or of art, or as to identity of handwriting or finger impressions, the opinion upon the point of
persons specially skilled in such foreign law, science or art, or in questions as to identity of
handwriting or finger impressions are relevant facts.
Such persons are called experts.
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Law of Evidence
Experts’ opinion is only a piece of evidence and cannot be taken as substantive piece of
evidence since it is to be judged along with other evidences.
Section 46:- facts bearing upon opinions of experts- where an expert opinion is relevant under
section 45, section 46 makes relevant two types of facts, namely
1. Facts, which support expert opinion,
2. Facts, which are inconsistent with expert opinion. Thus, section 46 confirms that the opinion
of expect is not conclusive.
Section 47:-opinions as to handwriting- when the court has to form an opinion as to the
person by whom any document was written or signed, the opinion of any person acquainted
with the handwriting of the person easily is a relevant fact.
Section 48:- opinion as to digital signature when relevant- when the court has to form an
opinion as to the digital signature of any person, the opinion of the certifying authority which
has issued the digital signature certificate is a relevant fact.
Section 49:- opinions as to usages, tenets, etc. When relevant:-
When the court has to form an opinion as to the usage, tenets of any body of men or family,
the constitution and government of any religion or charitable foundation, the meaning of words
used in particular districts or by particular class of people, the opinions of persons having
special means of knowledge there on, are relevant facts.
Section 50:- opinions on relationship, when relevant- when the court has to form an opinion
as to the relationship of one person to another, the opinion expressed by any person who is
member of such family is a relevant fact.
Section 51:- grounds of opinion, when relevant- according to section 51, whenever the opinion
of any living person is relevant, the grounds on which such opinion is based are also relevant.
Mere opinion unaccompanied by its grounds is not admissible.
7. Define secondary evidence and explain when secondary evidence can be given to prove the
contents of a document?
A: - secondary evidence- sections 63, 65 and 66 deals with the provisions relating to secondary
evidence.
Section 63- copies made and compared with the originals or Photostat copies may be treated as
secondary evidence.
Section 63 runs as follows:-
Secondary evidence means and includes-
1. Certified copies given under the provisions hereinafter contained.
2. Copies made from the originals by mechanical processes which in themselves ensure the
accuracy of the copy, and copies compared with such copies.
3. Copies made from or compared with the original.
4. Counterparts of documents as against the parties who did not execute them.
5. Oral accounts of the contents of a document given by some person who has himself
seen it.
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Law of Evidence
eg:- a photograph of a original is secondary evidence of its contents, though the two have not
been compared, if it is proved that the thing photographed was the original.
Section 65:- cases in which secondary evidence relating to documents may be given-
1. The person in possession of the original is not within the reach of the court.
2. If the original is in the possession of the opposite party.
3. If the original is lost.
4. When original deed had already been sudmitted in the court.
5. If the original is a public document.
6. When the original is not easily movable.
7. When the original consists of many accounts.
Section 65A:- special provisions as to evidence relating to electronic record- the contents of
electronic records may be proved in accordance with the provisions of section 65B.
Section 65 B: - admissibility of electronic records-
Section 66:- section 66 lays down the procedure to be followed in admitting secondary
evidence as allowed by section 65. Before resorting to secondary evidence under section 65 A,
a notice to produce the original must be served on the person in whose power and possession
the original is.
8. Discuss the admissibility of evidence derived from unpublished official records relating to
any affairs of state.
A: - section 123 and Section 124 deal with state privilege relating to the protection of
unpublished official records as well as confidential records of the state. Both the sections are
based on principle that the public interests must not be jeopardised.
i) Evidence as to affairs of State (Sec.123)
According to Sec.123, no one shall be permitted to give evidence from unpublished official
records relating to state affairs. Such disclosure affects the public interest. Section 123 reads
as follows:
No one shall be permitted to give any evidence derived from unpublished official records
relating to any affairs of State, except with the permission of the officer at the head of the
Department concerned, who shall give or withhold such permission as he thinks fit.
The expression 'affairs of State" has not been defined in the Evidence Act.
Every communication which proceeds from one officer of the State to another is not necessarily
relating to 'affairs of State', the expression covers only matters of public nature in which State is
concerned. It is not limited to matters of political or administrative character but
also sometimes includes matters relating to trading, commercial or contractual activities of the
State.
Under the section unpublished official records of the state are protected from being disclosed.
Only exception laid down is that such unpublished document may be disclosed with express
permission of the head of the department. “The court is also bound to accept without question
the decision of the public officer.”
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Law of Evidence
According to the section unpublished official records are not permitted to be disclosed except
with the permission of the head of the department concerned. Naturally, no question in this
regard can be raised in the court of law. But, whether a document falls within unpublished
official records may be decided in accordance with Section 162 of the Evidence Act. When
Section 123 is read with Section 162 “the effect is that the final decision whether the
permission should be granted or not should be with the court. About the power of the court to
inspect the document, there is residual power of the court to decide whether its disclosure
would be injurious to public interest.
In order to claim immunity from disclosure thereof the document must be unpublished state
documents and must relate to affairs of the state and the disclosure thereof must be against
interest of the state or public interest. Under section 162, the rest documents can be inspected
by the court to examine the privilege claimed that the disclosures would injure the public
interest. After inspection, the court is free to disclose either whole or in parts, provided that
will not to give a distorted or misleading impression of the document.
ii) Official Communications (Sec.124)

According to Sec.124, no public officer shall be compelled to disclose any communication made
to him in official confidence.
No public officer shall be compelled to disclose communications made to him
in official confidence, when he considers that the public interest would be surffer by
the disclosure.
9. Explain the examination of witnesses. What are the lawful questions that can be asked in
cross examination?
A: - section 135 to 166 of the Indian evidence Act deals with the provisions relating to
examination of witnesses.
Section 135:- order of production and examination of witness- section 135 evidence act
provides for the order in which witnesses are to be produced and examined before the court.
The order shall be regulated by
1. The law and practice relating to civil and criminal procedure.
2. in the absence of such law by the discretion of the court.
Section 118:- competency of witness- all persons shall be competent to testify unless the court
considered that they are prevented from understanding the questions put to them by reason of
their age, disease or any other cause of body.
Explanation:-A lunatic is not incompetent to testify, unless he prevented by his lunacy from
understanding the questions put to him and giving rationale answers to them.
Section 137:- stages in examination of witnesses- examination of witnesses consists of the
following stages
1. Examination in chief.
2. Cross examination.
3. Re examination.
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Law of Evidence
1. Examination in chief: - it means examination of a witness is done by the party which called
him. If the advocate for the plaintiff/defendant introduces witnesses in support of this case and
examines them, it is called 'examination in chief'. In chief examination, no leading questions can
be put except in certain special cases. Leading question is one, which suggests the answer. Only
relevant questions should be asked.
2. Cross examination: - the examination of a witness by the adverse party is called cross
examination. It must be late to relevant facts. Leading questions may be asked. A witness
may be cross-examined as to previous statements made him in writing or reduced into writing.
Cross-examination is considered as the most powerful weapon. According to Philip Wendell, it
is double- edged weapon, if you know how to use it, it helps to cut enemy's neck. Otherwise, it
cuts one's own hands.
3. Re-examination: - After cross-examination is over, the party, who called the witness feels,
necessary, may once again examine the witness. Re-examination cannot be claimed as a matter
of right, except with the permission of the court. The purpose of re-examination is to explain
any new matters rose in cross-examination, but not to prove any other fact. It refers to matters
in Cross-examination, and new matter with permission of the court. Leading questions should
not be asked in re examination except in the following cases.
1. If not objected by the adverse party; or
2. With the permission of the court; or
3. Already sufficiently proved matter (undisputed).
The other (adverse) party may further re cross examine the witness.
Following are the questions that can be asked in cross examination:-
When a witness is cross-examined, he may be asked any question which tends:
1. To testify his veracity (correctness);
2. To discover, who he is, and what is his position; and
3. To shake his character.
These questions cannot be asked in examination-in-chief.
Leading questions can also be asked in cross examination.
Leading questions (Sections 141-143)
Sections 141 to 143 of Chapter-X, Part-III of the Indian Evidence Act, 1872 deal with Leading
Questions'.
Section 141 defines leading questions. Sections 142 and 143 prescribe the circumstances under
which the leading questions may or may not be asked.
Meaning & Definition:
The expression Leading Question' literally means "a question, which by itself suggests the
answer as expected by the person asked/put the same."
Examples:
1. is not your name so and so?
2. Do you reside in such a place?
3. Are you not in service of such and such person?
4. Have you not lived with him for so many years?
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Law of Evidence
5. Did you see A enter B's shop and take a watch?
When leading questions must not be asked (Section 142):- According to Sec.142, leading
questions must not be asked in Examination-in-chief or in Re examination except with
the permission of the Court.
Sec.142 reads as follows: Leading questions must not, if objected to by the adverse party, be
asked in an examination in-chief, or in a re-examination, except with the permission of the
Court.
The Court shall permit leading questions as to matters which are introductory or undisputed, or
which have, in its opinion, been already sufficiently proved.
Objection to leading questions: - Objection to leading question is not that they are illegal but
only that they are unfair. The rule excluding leading questions is intended to prevent unfairness
in the conduct of the inquiry. The Act gives absolute discretion to court to allow
or disallow leading questions.
When leading questions must be asked (Sec.143): - According to Section 143 of the Evidence
Act, leading questions must be asked in cross-examination.
10. General rules relating to burden of proof.

A: - section 101 to 114A of the Indian evidence Act deals with the provisions relating to burden
of proof.
Burden of proof: - the expression burden of proof means obligation to prove a fact. Every party
has to establish facts, which go in his favour or against his opponent.
Section 101:-whoever desires any Court to give judgement as to any legal right or liability
dependent on the existence of facts which he asserts, must prove that this facts exist.
Illustrations:
1. Suppose, A desires a court to punish B for commission of crime, the burden of proof lies on A.
2. A desires a court to give judgement that he (A) is entitled to certain land, which is in B's
possession. But B denies it to be true. A must prove the existence of those facts that, he is
entitled to that property.
Section 102:-On whom burden of proof lies- the burden of proof in a suit or proceeding lies on
the person who would fail if no evidence at all were given on either side.
Section 103:-Burden proof as to particular fact:-the burden of proof as to any particular fact
lies on the person who wishes the court to believe in its existence.
Section 104:-Burden of proving fact to be proved to make evidence admissible: - eg- A wishes
to prove a dying declaration by B. A must prove B's death.
Section 105:- if the accused claims exemption from criminal liability under the chapter of
general exceptions under IPC the burden of proof rests on him.
Section 106:- when any fact is especially within the knowledge of any person, the burden of
proving that fact is upon him.
Section 107:- a person is alive within 30 years. If anyone says that he is dead, then the burden
of proof that he is dead lies on him.
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Law of Evidence
Section 108:- if a person has not been heard of for 7 years, there is a presumption of law that
he is dead. If anybody says that he is alive, the burden of proof lies on him.
Section 109:- if two persons are partners or there exist any relationship between the two
persons, then the burden of proving the relationship is on the person who affirms it.
Section 110:- burden of proof as to ownership- a person in possession of a property is
presumed to be the owner. If anybody denies that the processor is not the owner, the burden
of proof lies on him.
Section 111:- where there is a question as to the good faith of a transaction between parties,
one of whom stands to the other in a position of active confidence, the burden of proving the
good faith of the transaction is on the party who is in a position of the active confidence.
Section 112:-if a child is born within 280 days after dissolution of the marriage, it is a conclusive
proof of legitimacy.
Section 113:- if a woman commits suicide within 7 years of marriage, then the court presumes
that her husband or relatives subjected her to cruelty.
Section 114:- Court may presume existence of certain facts- the court may presume the
existence of any fact which it is thinks likely to have happened regarding being had to the
common cause of natural events, human conduct and public and private business, in relation to
the facts of the particular case.
Eg:- the court may presume that a man who is in possession of stolen property soon after the
theft is either the thief or has received the goods knowing them be stolen.

1. Facts in issue
A: - section 3 of the Indian evidence Act.
The expression Facts in issue means and includes-any fact from which, the existence, non-
existence, of any right, liability, asserted or denied in any suit or proceeding, necessarily
follows.
Explanation: Whenever, under the provisions of the law for the time being in force relating to
Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the
answer to such issue is a fact in issue.
Illustrations:
A is accused of the murder of B'.
At his trial the following facts may be in issue:
 That A caused B's death;
 That A intended to cause B's death;
 That A had received grave and sudden provocation from B:
 That A, at the time of doing the act which caused B's death, was, by reason
of unsoundness of mind, incapable of knowing its nature.
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Law of Evidence
Facts in issue in the plain sense means facts, which are in issue and form the subject matter of
the court's decision'. The questions relating to a fact enabling the court to give decision are
'Facts in Issue'.
2. Res Gestae
A: - section 6 of the Indian evidence Act deals with the provisions relating to doctrine of res
gestae.
Section 6:- fats(though not in the issue) which are so connected with the fact in issue as to form
part of the same transaction are relevant whether there occurred at the same time and place at
different times and places.
Eg: - A is accused of the murder of B by beating him. Whatever was said or done by A at the
time of beating B, or shortly before or after beating B forms part of the same transaction and
those facts are relevant.
3. Confession made to police officer.

A: - according to section 25 confessions made to a police officer are inadmissible. Confession
under section 25 may be a statement directly made to a police officer orally or in writing or
indirectly made to such police officer. The reason is that the police officers in India resort to 3rd
degree methods to extort confession.
Sitaram vs. state.
The accused after committing murder left a confessional letter on the dead body. The letter
was address to police officer. The Court treated the letter, not addressed to police, since police
officers was not nearby. The confession was admitted and the accused was convicted.
Section 27:- how much of information received from accused in police custody may be proved-
according to section 27, when information given by the accused in the police custody leads to
the discovery of an incriminating material object, like jewellery, weapons etc. The portion of
the information can be proved. The reason is that such discovery guarantees truth of the
information.
Eg: - A is tried for mother of B. If A, in police custody says 'I have killed B and buried the dead
body in my garden'. Accordingly, if the body is found, A's statement become provable under
section 27.
Conditions: - for application of section 27 the following conditions are to be satisfied-
1. The accused in police custody has given some information in his confessional statement.
2. Such information must relate to the discovery of certain facts relating to the commission
of some offence.
3. In pursuance of such information the police discovered certain facts.
4. The facts discovered must be connected with the offence.
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Law of Evidence
4. Confession by co-accused.
A: - section 30:- consideration of proved confession affecting person making it and others
jointly under trial for sale offence- when more than one person is being tried jointly for same
offence, and a confession made by one of such persons affecting himself and some other of
such persons is proved, the court may take into consideration search confession as against such
other person as well as against the person who makes such confession.
Example: - A and B are jointly tried for the murder of C. It is proved that A said, "B and I
murdered C". The court may consider the effect of this confession as against B.
b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and
B, and that B said -'A and I murdered C'. This statement may not be taken into consideration by
the Court against A, as B is not be being jointly.
5. Relevancy of opinions.
A: - long answer question number 6. Write about the relevancy of opinions of experts.
6. Public document
A:-section 74:- the following documents are public documents-
1. Documents forming the acts or records of the acts-
A. Of the sovereign authority;
B. Of official bodies and tribunals: and
C. Of public offices, legislative, judicial and executive or of any foreign country.
2. Public records kept of private documents.
7. Ambiguous document
A: - Section 93: - exclusion of evidence to explain or amend ambiguous document- when the
language used in a document is, on its face, ambiguous or defective, evidence may not be given
of facts which would show its meaning or supply its defects.
Example:-
A. ‘A’ agrees in writing to sell a horse to B, for 'Rs.1000 or Rs.1500'. Evidence cannot be given to
show which price was to be given.
B. A Deed contains blanks. Evidence cannot be given of facts, which would show how they were
meant to be filled.
8. Alibi
A: - Alibi comes under the head facts otherwise relevant become relevant explain under section
11 of the Indian evidence Act.
Meaning: - Alibi is a Latin term which means elsewhere. The accused very often takes the plea
that he was not present at the place where the offences committed. Alibi is a defence under
which a person accused of an offence alleges that he was so far away from the place of the
commission of the offence, that he could not be guilty.
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Eg: - A is accused of B's murder on a particular day at Bombay. On the day A was at Delhi is
relevant to prove Alibi. He has to prove that it would be impossible for him to commit murder
at Bombay as he was in Delhi at the time of occurrence of the offence.
9. Child witness.
A:- Section 118:- competency of witness- all persons shall be competent to testify unless the
court considered that they are prevented from understanding the questions put to them by
reason of their age, disease or any other cause of body.
Explanation:-A lunatic is not incompetent to testify, unless he prevented by his lunacy from
understanding the questions put to him and giving rationale answers to them.
Second persons are regarded as not competent to give evidence.
Eg: - child witness, insane.
 A child of tender age may be allowed to give evidence if the court is satisfied that he has
capacity to understand the questions put to him and gives rational answers to those
questions.
 The Indian evidence Act prescribes no age limit as to the competence of giving evidence.
 Even if a child of 3 or 4 years old is competent to give evidence provided, is competent
to give ration answers to the questions put to him.
 A child witness below the age of 12 years did not administer oath before giving
evidence, since he is ignorant of the moral significance of the oath.
 The court conducts a test to a child witness. It is known as " Voire Dire Test", in this test
the court asks certain questions and unconnected with the case like what is your name?
What is your father's name? Where are you residing? etc. If the child gives racial
answers to these questions, the court satisfied that the child is a competent witness and
allowed to put questions to the child, pertaining to the case. Thus, the evidence given by
a child witness is admissible in evidence.
10. Hostile witness

A: - section 154 of the evidence act speaks about hostile witness. The word hostile literally
means unfriendly. A witness is generally expected to give evidence in favour of the party by
whom he is called. But in certain cases such witness may unexpectedly turn hostile and gives
evidence against the interests of the party who has called him. Such witness is called hostile
witness. a hostile witness is one who from the manner in which he gives evidence shows that
he is not desirous of telling the truth to the court.
The court may, in its discretion, permit the person who calls a witness to put any questions to
him which might be put in cross examination by the adverse party.
11. Ancient document.

A: - section 90:- presumption as to documents thirty years old- where any document
purporting to be 30 years old is produced before the court. the court in that particular case
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considers that document as proper and the court may presume that the signature and every
other part of such document is in the person's handwriting by the person by whom it is
purports to be signed and in the case of document executed and attested, that it was duly
executed and attested by the persons by whom it purports to be executed and attested.
12. Presumptions
A: - Presumption' is an inference, which takes place in the absence of absolute certainty as to
truth or falsehood of a fact. In other words, presumption is an inference drawn by the court as
to the truth of a particular fact, from other known or proved facts.
Presumption -In the absence of absolute certainty, we resort to presumptions. The word
presume means "supposed to be". The word 'presumption' means "an inference from known
facts".
Eg: - For instance, A finds B's scooter in front of a restaurant. Then, A may presume that B is in
the restaurant. When A entered into the restaurant, he found B, then his presumption is
correct/true. Instead of B, if C (B's brother) is found, his (A's) presumption is incorrect/wrong.
Thus, presumptions may be true or untrue. In other words, they may be rebuttable (may be
challenged) or irrebuttable (cannot be challenged).
Classification of Presumptions: - Presumptions may be classified as follows:
1. Presumption of Fact or Natural Presumption or May Presume (Ss.86-88, 90, 113.A and 114).
2. Presumptions of Law or Artificial Presumptions
A. Rebuttable Presumptions of Law or Shall Presume (Ss.79-85, 189, 105, 111.A, 111.B
and 114.A)
B. Irrebuttable Presumptions of Law or Conclusive Proof (Ss.41, 112 and 113).
Presumptions (Section-4)- (May Presume, Shall Presume and Conclusive Proof).
Sec.4 of the Indian Evidence Act, 1872 provides for three types of presumptions namely, May
Presume, Shall Presume and Conclusive Proof.
It runs as follows:
May Presume'- Whether it is provided by this Act that the Court may presume a fact, it may
either regard such fact as proved, unless and until it is disproved, or may call for proof of it.
Shall Presume'- Whenever it is directed by this Act that the Court shall presume a fact, it
shall regard such fact as proved, unless and until it is disproved:
Conclusive Proof' - When one fact is declared by this Act to be the conclusive proof of another,
the Court shall, on proof of the one fact, regard the other as proved, and shall not
allow evidence to be given for the purpose of disproving it.
Evidence is a 'means' to arrive at proof. Proof is a process by which truth or falsehood as to a
fact is convinced. Proof enables a reasonable man to come to a conclusion.
13. Character evidence

A: - section 52 to 55 of the act lays down the provisions relating to character.
Character means the collective qualities or characteristics especially mental and moral that
distinguish a thing or a person.
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Section 52:- in civil cases the character of a person is irrelevant unless such character evidence
is itself in issue.
Section 53:- relevancy of character in criminal cases- in criminal proceedings the fact that the
person accused is of a good character is relevant. The innocence or criminality of an accused
can easily be judged by basing on his character.
Section 54:- previous bad character irrelevant-in criminal proceedings the fact that the accused
person has a bad character is irrelevant, unless evidence has been given that he has a character
in which case it becomes relevant. A previous conviction is relevant as evidence of bad
character.
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Syllabus:-
1. Contract of insurance.
2. Definition and meaning of insurance.
3. History of insurance in India.
4. Nature of insurance contract- doctrine of utmost good faith.
5. Premium, risk, proximate cause, warranties, contribution, subrogation, double insurance,
over insurance and reinsurance.
6. Life insurance-nomination.
7. Fire insurance.
8. Marine insurance- deviation and change of voyage.
9. Liability insurance.
10. Motor vehicle insurance.
11. Statutory materials.

1. Explain the doctrine of utmost good faith.
A: - The principle 'uberrima fides' ie. The utmost good faith is of great importance in a
contract insurance (whether it is life, fire, marine or other insurance contract).
The maxim 'uberrima fides or utmost good faith' is used in-respect of the case of
'Caveat Emptor' which means "let the buyer beware".
The maxim 'caveat emptor' enunciates that, it is not the duty of the seller of the goods to
disclose all information concerning their quality. However, the seller should not suppress any
material facts pertaining to quality/life of the subject matter and mislead the purchaser by
making false description.
Similarly, it is the duty of the purchaser to satisfy himself that the goods are in accordance with
his requirement. But, in life insurance, both parties must observe utmost good faith towards
each other.
Therefore the doctrine of utmost good on the part of the insured to disclose all material facts
within his Knowledge, while seeking the policy. Otherwise (on failure to disclose), the insurer
can ignore the claim by avoiding the contract. If the fact suppressed, increases the risk, it is
called material fact. The material fact is that fact, which would affect the judgment of a prudent
insurer in fixing the premium or while taking the decision, whether to enter into the contract or
not
Example: -
The insured is suffering from a disease, but, he has not disclosed the same. In the event, the
fact is disclosed, the insurer would avoid to issue the policy (or repudiate the contract) whether
the fact suppressed is a material fat or not is decided subject to the circumstances of the case.
The law relating to good faith requirement is contained in the Marine Insurance Act and these
rules apply to all classes of insurance.
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A contract of marine insurance is a contract based upon the utmost good faith, and, if the
utmost good faith be not observed by either party, the contract may be avoided by the other
party.
Disclosure by assured:-
1. The insured must disclosed to the insurer every material circumstances which is known to
the insured.
2. Every circumstance which would influence the judgement of a prudent insurer is material.
After taking into consideration the circumstances disclosed by the insured, the insurer will
determine the premium and also determine whether he will take the risk or not.
Extent of the duty:-
If the proposer has answered all the questions of proposal forms fully and correctly to the best
of his knowledge and belief, he has done his duty. The ordinary man is not expected to display
the skill of a medical specialist. He is expected to tell only that fact which he must know
reasonably. The duty of disclosure comes to an end on the conclusion of the contract and the
insured is not bound to disclose such facts which came to his knowledge subsequently.
Glickmn vs. Lancashire Assurance Company
In the instant case, the insured made a proposal to insure his house against the fire. One of the
questions in the proposal form was - 'whether the house had been offered to insure
previously? But the insured left the question without any answer. The policy was affected.
When the claim was lodged, it was found that previously on two occasions, proposals to insure
the house were made, but rejected and this fact was not furnished in response to the
above question.
Hence, the Court held that, it amounts to violation of the doctrine of utmost good faith, and
hence, the insurer is not liable. A person seeking insurance is bound to disclose all
material facts relating to the risk involved. False answers to the questions in the proposal form
given by the assured relating to the 'state of his health vitiate the contract of insurance.
2. What is premium? Under what circumstances premium paid can be returned?

A: - Premium is a consideration for the contract of insurance. Just as a contract without
consideration is void, a policy without premium is invalid. In life policy, premium is paid
periodically i.e. monthly, quarterly, half yearly or annually.
Mode of payment of premium:-
Payment of premium may be made by cash, cheque, D.D or by mutual adjustment account
between the insurer and insured by posting respective entries. The amount of premium
payable is fixed before the origination of the risk.
Section 52 of the marine insurance act says that the duty of the insured to pay
premium and the duty of the insurer to issue the policy are concurrent conditions and
the insurer has no obligation to issue the policy until and unless the premium is paid.
The premium must be paid by way of money. Any other mode of payment of premium may be
substituted in the agreement.
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“Prince Wales life vs. Harding”

It was held that the manager of a company has no authority to accept a promissory note by way
of premium.
Return of premium:-
The general rule is that once premium paid cannot be returned. This rule is subject to certain
exceptions. The insured is entitled to claim the return of premium in certain cases mentioned
below.
1. Where there is an express or implied terms to that effect in the policy.

2. When the policy is cancelled.
3. A minor who disaffirms an insurance contract.
4. Where there has been over insurance.
5. When the policy is ultra-vires the company.
6. When the company goes into liquidation.
Where the insured has over- insured, a proportionate part of the premium is returnable.
Generally there are 3 cases in respect of which the entire premium has to be refunded.
1. Where there has been fraud on the part of the insurer.
2. Where the policy has become void.
3. Where no risk has been incurred by the insurer and these rules are applicable to all branches
of insurance.
1. Fraud on the part of the insurer:-
Section 65 of the Indian contract Act-the insured can claim the refund of the premium by
avoiding the contract. There must be a fraudulent representation and some breach of good
faith on the part of the insurer.
Where there is a fraud on the part of the insured, the insurer may resort to the following
courses.
1. The insurer can refuse to receive the further premium and repudiate the contract.
2. The insurer can apply to the court for cancellation of the policy.
3. If the policy is matured, the defence of fraud may be set up for recovery of the amount.
4. If the evidence is likely to be lost, a suit may be filed for a declaratory decree under the
specific relief Act.
2. Void ab initio: - it means invalid from the very beginning. The policy may be void ab initio
due to illegality or any other reason. Cases of illegal insurance present some difficulty.
Section 65 of the Indian contract Act- if the contract is merely void under section 65 of the
contract Act, the return of the premium may be claimed.
The Bombay High Court in
Gulab Chand vs. Fulbai
Held that under section 65 if both the parties are equally guilty and illegal purpose has been
carried out, and then a person who paid the money can get it back.
3. Risk: - the subject matter of the insurance (i.e. human life in case of life policies and property
in case of non life policies) is not free from the risk. Risk is a consideration for premium to be
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paid. If the risk insured against is not run are not incurred, the consideration fails and the
insured is entitled to the refund of the premium.
3. What is the nature of life insurance contract? Explain the circumstances affecting the risk in
life insurance.
A: - among all insurances life insurance is of great importance. In life policies the subject matter
insured is human life against the perils of natural death or accidental death.
1. The term of life policy may be for any length of time subject to the maximum age limit
of the insured is 70 years or above as per the rules of the insurance company.
2. The premium payable is equal or more than the sum assured in Life policies.
3. In life policies, if the death takes place, the sum assured with bonus and other benefits
will be payable to the nominee irrespective of the fact that the death took place
immediately after the payment of first monthly premium although the term of policy is
20 or 30 years.
4. In life policies, the insured must have insurable interest at the time of taking the policy,
because the insured may entertain suicide claims in certain cases.
5. In life policies the principle of over-valuation does not apply because any person can
take life policy for any amount without any limitation subject to his affordability to pay
premium periodically.
To constitute life policies, the following ingredients are to be satisfied-

1. It is a contract relating to human life.
2. There need not be an express provision that the payment is due on the date of the
death of the person.
3. The contract provides for the payment of a lump sum.
4. The amount is paid at the expiration of certain period or on the death of the person
whichever is earlier.
There are various kinds of life policies covering variety of benefits, but they can be
categorised broadly into two heads-
A. Whole life policy: - the amount is paid only after death of the assured.
B. Endowment policy: - the amount is paid on the death of the insured or on the expiry of the
period agreed-upon.
Risk in life insurance policy:-
In life insurance contract, the insurer proceeds on the calculation of average duration of human
life. Insurer is liable for natural death and not for suicide. This is on the principle of public
policy.
Elements of risk in life insurance:-

1. Habits in life or mode of living.
2. Occupation.
3. Environment.
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4. Position and status in life.

5. Character.
6. Heredity.
7. Previous illness.
8. Opportunities for exposures to special dangers.
4. Who is nominee? Discuss the legal status of nominee with the help of decided cases.
A: -
Nomination: -
Nomination is the process by which the policyholder appoints a person or persons to receive
policy benefits in case of a death claim. So in case of an eventuality, the life insurance company
pays the policy proceeds to the appointed person - called Nominee.
Nominee: -
A nominee is appointed by the policyholder and can be anyone to whom the policyholder wants
the financial benefits to accrue, in case of his/her death during policy tenure.
General practice is to appoint spouse, children or parents as the nominee.
Earlier, due to lack of regulatory clarity, there were confusions about the actual status of
nominees - as legal heirs (other than nominees) too used to make claims on the money. To
solve this problem and to ensure that the insurance money goes to the real and intended
recipients, a concept of Beneficial Nominee was introduced in 2015.
Beneficial Nominees: -
As per the new law, if any immediate family member (like spouse, children or parents) is made
the nominee, then they will automatically become the beneficial owners of the claim benefits
and be referred to as ‘Beneficial Nominee’.
This means that the death benefit will be paid to Beneficial Nominees and not to any other legal
heirs, irrespective of anything.
It is worth noting that only the immediate family members can be appointed as the Beneficial
Nominees. Therefore, it’s always advisable to nominate an immediate family member as the
nominee to ensure that there are no disputes in future between the nominees and legal heirs.
Minor Nominees: -
It’s a normal practice for people to appoint their children as beneficiaries of their life insurance
policies. And rightly so; after all, its their future one wants to secure even if one is not around.
But children who are below the age of 18 years of age are not considered eligible to handle
claim amounts. Hence, the policyholder needs to assign an appointee (or custodian).
In case of claim arising when the nominee (child in this case) is younger than 18 years, the claim
amount is paid to the appointee for custody till the minor turns major.
Non-Family Nominees: -
This might sound strange. Why would you want to make a stranger (or non-family member) as
the beneficiary of your life insurance policy?
This oddity is exactly what leads insurers to not accept strangers (or non-family members) as
nominees.
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So even though one can nominate distant relatives or even friends, fact is that it will be very
difficult to prove ‘insurable interest’. This along with the fact that there is a moral hazard in
appointing such a nominee, the insurance company might refuse the nomination or might ask
for further explanations.
Changing Nominees; -
One should make sure that nomination of something as important as life insurance is up-to-
date and in sync with whom policy holder actually wants to appoint as the beneficiary.
A policyholder can change the nominee as many times as he/she wishes but the latest nominee
supersedes all previous ones.
Given the real purpose of life insurance, one cannot overstate the importance of appointing the
right nominee. Therefore, ensure that you have the right person as your nominee. This will
ensure that possible future disputes are avoided and the money is paid only to those whom you
want.
Legal position of the nominee: -
Harsha Nitin Kokate Vs The Saraswat Cooperative Bank Ltd. and Ors
The Hon'ble Bombay High Court had erroneously held that absolute right of ownership
devolves upon the nominee upon the transfer of holdings to him upon the death of the
deceased, settling the law on the matter.
Subsequently, in or around March 2015, the same issue again came up before the Hon’ble
Bombay High Court in the case of
Jayanand Jayant Salgaonkar and Ors. Vs. Jayashree Jayant Salgaonkar and Ors
wherein it was contended that the Kokate case was per incuriam as the same did not consider
all the Supreme Court and High Court Judgments. Accordingly, the Hon’ble Bombay High Court,
after considering all the cases and argument of both the sides came to the conclusion that the
Judgment in the Kokate case is per incuriam and therefore bad law. The Nominee does not
become the owner of the asset and is merely a trustee who holds for and on behalf of the
legal heirs of the Nominator.
5. What is the risk in fire insurance? Explain the various kinds of fire policies.
A: -
Fire insurance: - fire insurance is a contract by which the insurer agrees for consideration to
indemnify the loss caused by the fire, which may happen to the property during a specific
period.
Ingredients:-
To constitute fire insurance contract, the following constituents are to be satisfied:
A. It is a contract of insurance.
B. There must be consideration.
C. the object of the contract should be to indemnify the assured from loss caused by damage or
destruction of property by fire.
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Risk in fire insurance:-

The maxim causa proxima is applied liberally in fire insurance. The question is whether the loss
arose proximately from the fire. The loss may arise directly from the fire or indirectly by the
efforts to extinguish the fire.
Stanley vs. Western Insurance Company.
It was observed that any loss resulting from the fire and resulting from the necessary and
Bonafide efforts to put out the fire weather by the spoiling of goods by water or throwing the
articles out of the window or pulling down a house for the purpose of preventing the spreading
of the flames are within the policy of fire insurance.
Mardson vs. city and country file insurance company.
During the course of fire, a mob looted the goods and it was held that the insurance company
was not liable because the proximate cause of the loss was not fair but the law less acts of the
mob.
The elements of risk in fire insurance:-
1. Nature of property.
2. Character and constitution.
3. Area.
4. Situation and locality.
5. Exposure to outside dangers.
6. Use and habits of the assured.
7. The title of the property.
Various kinds of fire policies:-
1. Valued Policy:
In this policy the value of the subject-matter is agreed upon at the time of taking up the policy.
The insurer agrees to pay a pre-determined amount if the subject-matter is destroyed or
damaged by fire.
2. Specific Policy:
Under this policy the risk is insured for a specific sum. In case of loss of property, the insurer
will pay the loss if it is less than the specified amount. It can be explained with an example: An
insurance policy is taken for Rs. 50,000 and the value of the property is Rs. 80,000. If the
property worth Rs. 40,000 is lost, the insured will get the whole amount of loss. If the loss is up
to Rs. 50,000, it will be paid in full. In case loss exceeds Rs. 50,000, say it is Rs. 60,000, the
indemnity will only be up to the amount insured i.e. Rs. 50,000. Under this policy the insured is
not punished for getting a policy for lesser sum. The actual value of property is not taken into
consideration.
3. Average Policy:
4. Floating Policy:
A floating policy is taken up to cover the risk of goods lying at different places. The goods
should belong to the same person and one policy will cover the risk of all these goods. This
policy is useful to those businessmen who are engaged in import and export of goods and the
goods lie in warehouses at different places.
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6. Consequential Loss Policy:

Fire may dislocate work in the factory. Production may go down while the fixed expenses
continue at the same rate. A policy may be taken up to cover up consequential loss or loss of
profits. The loss of profits is calculated on the basis of loss of sales.
7. Replacement Policy:
A replacement policy provides that compensation will be according to the replacement price.
The new asset should be similar to the one which has been lost. The amount of compensation
will depend upon the market price of the new assets so that it is replaced without additional
cost to the insured.
6. What are the different kinds of marine policies? Explain the major clauses of voyage policy.
A:- A contract of marine insurance is a contract, whereby the insurer undertakes to indemnify
the assured in the manner and to the extent thereby agreed, against Marine losses, that is to
say, the losses incidental to Marine adventure.
Kinds of marine policies:-
A. Time policy:- where the contract is to insure the subject matter for a particular time i.e.from
a particular date to a particular date the policy is called a 'time policy'. The period should not
exceed one year, though it may contain one or several voyages.
B. Voyage policy: - where the contract is to insure the subject matter from one place to
another, the policy is called voyage policy.
C. Valued policy: - valued policy is one which specifies the agreed value of the subject matter
insured. The value specified is conclusive between parties, unless there is a fraud where the
loss be total and partial.
Example: - ship worth rupees 14 crores is insured with one Insurance company for rupees 7
crores and with another Insurance company for rupees 10 crores. The insured in the event of
total loss is not entitled to recover more than 14 crores.
D. Unvalued policy: - An unvalued policy is a policy, which does not specify the value of the
subject matter insured, but subject to the limit of the sum insured, the sum insured can be
calculated subsequently.
These policies are found very rarely.
E. Floating policy: - A floating policy is a policy which describes the insurance in general terms,
and leave the name of the ship and other particles to be defined by subsequent declarations.
Major clauses of voyage policy:-
Write the answer of question number 7.
7. What is voyage policy? Write in detail the exceptions to deviation.

A: - voyage means the travel of a ship from one place to another place.
Section 44 to 51 of the marine insurance act, 1963 deal with voyage.
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Definition of Voyage Policy

A voyage policy, also known as marine cargo insurance, is a marine insurance policy that covers
unforeseen risks on the cargo on a ship on a particular voyage. It is thus not time-based, like
most insurance policies. When the insured voyage ends, so does the policy. It does not cover
the ship itself, but only the specified cargo on it.
 A voyage policy covers unforeseen risks. Because it does not provide cover against
preventable risks, in order for a voyage policy to be valid, the vessel transporting the
cargo must be in good condition and capable of making the journey, and the vessel's crew
must be competent.
 Voyage policies will generally cover against accidental damages and collisions as well as
natural disasters. Losses due to delays can be covered as well.
 Voyage policies usually exclude losses caused by wilful misconduct, ordinary leakage,
ordinary wear and tear, improper or inadequate packaging and labour strikes. Acts of war
and terrorist activity will also usually be excluded.
 The policyholder may need to purchase additional insurance to cover the cargo during the
entire transport process, because voyage policies usually exclude losses that occur during
loading and unloading of the cargo onto and off the ship.
Change of voyage: - after the commencement of the voyage if the port of destination is
changed voluntarily during voyage, the insurer is not liable for loss, if any, as a consequence of
change of such voyage.
Excuses for deviation or delay:-
Delay in voyage or deviation is justified and renders the insurer liable under the following
circumstances:-
A. By inserting a special provision in the policy to that effect.
B. If such delay or deviation is beyond control of the master or employer.
C. In compliance of an express or implied warranty.
D. For safety of the subject matter (ship or cargo).
E. To save human life or to help a ship in distress.
F. For providing medical aid to a person in ship.
G. If the delay is due to the barratrous ( fraud or gross negligence of a ship's master or crew at
the expense of its owners or users) of the master of the ship, where barratry is a peril
insurance against.
8. What are the different types of losses for which an insurer can be made liable to
compensate?
A: - losses may be divided into the following categories:
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A. Total Loss:
Total loss is divided into two categories:
1. Actual Total Loss:
Actual total loss occurs under these following situations:
(a) The subject-matter is completely destroyed.
(b) The goods are so damaged that they cease to be a thing of the kind which were insured.
(c) The insured is deprived of the subject-matter.
When a ship is sunk or is completely destroyed by fire, it will be a case of actual total loss. There
may be a case when the goods are so damaged that they do not look like goods which were
insured e.g. if crockery is reduced to pieces, it is a case of actual total loss.
In another case if the insured is not able to get the things back i.e., if the ship is missing and
there is no trace of it, it is also a case of actual total loss. In case of actual total loss the insured
is entitled to recover full amount of loss. When the insured has been compensated the title of
goods passes on to the insurer. If some amount is received from the sale of damaged goods, the
amount will go to the insurer and not to the insured.
2. Constructive Total Loss:
This occurs when the ship is abandoned for certain reasons. It is not commercially viable to
retrieve the ship or cargo. The ship or the cargo is not wholly destroyed but it is not practicable
to get it repaired and restore it to its original position. When a ship is badly damaged, and the
cost of repairs is expected to be more than the value of the ship, it will be advisable to abandon
the ship.
In the same way if the cargo is safe in the abandoned ship but the cost of bringing the cargo to
the coast is more than the cost of cargo, then it will be proper to leave the cargo. In the case of
constructive total loss, the insured gives a notice of abandonment and surrenders its interest in
the subject-matter to the insurer. The insured can claim damage for total loss.
B. Partial Loss:
When the subject-matter is partially damaged, it will be a case of partial loss. It is of two
types:
1. Particular Average Loss:
A particular average loss has been defined as, “a partial loss of subject-matter insured, caused
by a peril insured against, and which is not general average loss.” A particular average loss is
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not caused voluntarily. The insured subject-matter should be damaged and this damage should
be caused by marine peril which is insured.
2. General Average Loss:
A general average loss is caused voluntarily to avoid an impending danger. “A general average
loss is one which is caused by an extra-ordinary sacrifice or expenditure voluntarily and
reasonably made or incurred under fortuitous circumstances, for the sole purpose of preserving
the common interest from an impending peril.”
If a ship is sinking because of overload, some of the cargo may be thrown out of the ship with a
purpose to save the ship and the crew. It will be a case of general average loss.
Some conditions are to be satisfied before deciding about a general average loss:
(a) There must be an extra-ordinary situation.
(b) The peril must be real and not imaginary.
(c) The loss must be voluntary and deliberate.
(d) The sacrifice must be made prudently.
(e) The purpose should be to save the whole adventure.
(f) The act should be successful at least partially.
9. Explain the doctrine of contribution, subrogation and reinstatement. How does the
contribution differ from subrogation?
A: - The doctrine of contribution, subrogation, and re-instatement are known as special
doctrines.
A. The doctrine of contribution: - This doctrine arises only in respect of property insurance;
There are certain instances, in which a person (insured) may insure the same subject
matter (property) against two or more Insurance Companies. In case, loss takes place, he
(insured) is not allowed to claim simultaneously the total sum assured from each insurer. He
(insured) can claim the total loss from only one insurance company or proportionately from two
or more insurers. In case one insurer meets the total claim, he can claim contribution from the
other insurers under the 'Doctrine of Contribution'. In other words, the doctrine of contribution
confers on the insurer a right to claim contribution from co-insurers; where there is a joint
liability of different insurers (to meet the claim against the same subject matter).
Example:
A person insured his property (house) against fire for Rs. 1 Lakh against two insurance
companies X' and 'Y. Fire occured resulting in loss of Rs.40,000/- Then, the insured can recover
Rs.20,000/- each from X' and Y. In case X met the total claim of Rs.40,000/- he (X) can claim the
contribution of Rs.20,000/- from "Y" under the doctrine of contribution.
The concept of double insurance and re-insurance emerged from the Doctrine of Contribution.
A). Double Insurance:
Where the same subject matter (property) is insured against the two insurance companies as
stated in the above example, it is called, Double Insurance. Double insurance ensures
security to the insured and it would never allow him to get any additional benefit.
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Law of Insurance
B). Reinsurance:
The subject matter insured with the insurer is again insured by the insurer with another
insurance company.
B. The doctrine of subrogation:-
It means 'transfer of right from one person to another person'. This doctrine is applicable
to non-life policies. If the property insured is lost owing to the negligence of a third party, the
insured has a right to recover the loss from that third party only, not from the insurer. In case,
the claim is met (amount is paid) by the insurer, he (insurer) can sue the third party under
the doctrine of subrogation to recover the amount. In other words, the right of insured against
the third party gets subrogated (transferred) to the insurer. Under this right of subrogation, the
insurer enters into the shoes of the third party to sue and recover the amount (even though he
is a stranger to the contract). Relevant leading case on this point-
Century Insurance Co. v Northern Ireland Road Transport Board:-
In the instant case, the defendant's servant, while tansferring oil from vehicle to underground
tanker, lighted a cigarette and threw the match stick negligently. It resulted in fire. The
insured recovered the loss from insurer. Later, the insurer came to know the fact and sued the
defendant under the doctrine of subrogation. The defendant was held liable.
C. Doctrine of reinstatement:-
The term reinstatement literally means 'replacement of what is lost or repairing the damaged
property in order to bring its original utility'. The doctrine is good defence to the insurer. the
insurance has an option to repair or get the damage to property replaced instead of making the
payment.
10. Explain briefly the history of Life insurance Corporation in India.

A: -
 Life Insurance in its modern form came to India from England in the year 1818. Oriental
Life Insurance Company started by Europeans in Calcutta was the first life insurance
company on Indian Soil.
 All the insurance companies established during that period were brought up with the
purpose of looking after the needs of European community and Indian natives were not
being insured by these companies.
 However, later with the efforts of eminent people like Babu Muttylal Seal, the foreign life
insurance companies started insuring Indian lives. But Indian lives were being treated as
sub-standard lives and heavy extra premiums were being charged on them.
 Bombay Mutual Life Assurance Society heralded the birth of first Indian life insurance
company in the year 1870, and covered Indian lives at normal rates.
 Starting as Indian enterprise with highly patriotic motives, insurance companies came into
existence to carry the message of insurance and social security through insurance to
various sectors of society. Bharat Insurance Company (1896) was also one of such
companies inspired by nationalism.
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Law of Insurance
 The Swadeshi movement of 1905-1907 gave rise to more insurance companies. The
United India in Madras, National Indian and National Insurance in Calcutta and the Co-
operative Assurance at Lahore were established in 1906.
 In 1907, Hindustan Co-operative Insurance Company took its birth in one of the rooms of
the Jorasanko, house of the great poet Rabindranath Tagore, in Calcutta. The Indian
Mercantile, General Assurance and Swadeshi Life (later Bombay Life) were some of the
companies established during the same period.
 Prior to 1912 India had no legislation to regulate insurance business.
 In the year 1912, the Life Insurance Companies Act, and the Provident Fund Act were
passed.
 The Life Insurance Companies Act, 1912 made it necessary that the premium rate tables
and periodical valuations of companies should be certified by an actuary. But the Act
discriminated between foreign and Indian companies on many accounts, putting the
Indian companies at a disadvantage.
 The first two decades of the twentieth century saw lot of growth in insurance business.
From 44 companies with total business-in-force as Rs.22.44 crore, it rose to 176
companies with total business-in-force as Rs.298 crore in 1938.
 During the mushrooming of insurance companies many financially unsound concerns
were also floated which failed miserably.
 The Insurance Act 1938 was the first legislation governing not only life insurance but also
non-life insurance to provide strict state control over insurance business. The demand for
nationalization of life insurance industry was made repeatedly in the past but it gathered
momentum in 1944 when a bill to amend the Life Insurance Act 1938 was introduced in
the Legislative Assembly. However, it was much later on the 19th of January, 1956, that
life insurance in India was nationalized.
 About 154 Indian insurance companies, 16 non-Indian companies and 75 provident were
operating in India at the time of nationalization.
 Nationalization was accomplished in two stages; initially the management of the
companies was taken over by means of an Ordinance, and later, the ownership too by
means of a comprehensive bill.
 The Parliament of India passed the Life Insurance Corporation Act on the 19th of June
1956, and the Life Insurance Corporation of India was created on 1st September, 1956,
with the objective of spreading life insurance much more widely and in particular to the
rural areas with a view to reach all insurable persons in the country, providing them
adequate financial cover at a reasonable cost.
 LIC had 5 zonal offices, 33 divisional offices and 212 branch offices, apart from its
corporate office in the year 1956.
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Law of Insurance
 Since life insurance contracts are long term contracts and during the currency of the
policy it requires a variety of services need was felt in the later years to expand the
operations and place a branch office at each district headquarter.
 Re-organization of LIC took place and large numbers of new branch offices were opened.
 As a result of re-organisation servicing functions were transferred to the branches, and
branches were made accounting units. It worked wonders with the performance of the
corporation.
Short answer questions: -

1. Nature and meaning of insurance contract.
A: - The Contract of Insurance may be defined as "a contract either to indemnify a person
against the loss, which may arise on the happening of an event or to pay a certain sum of
money on the happening of a specified event for an agreed consideration".
The person to be paid or indemnified is called ‘insured’ or assured' or a policy
holder. The other person who undertakes to indemnify or pay money is called 'the insurer' or
insurance Company (Underwriter in case of Marine Insurance).
The consideration for the risk undertaken is called 'Premia' or Premium'. The document
containing the terms and conditions of the insurance contract is called 'Insurance Policy'.
To constitute Insurance Contract, the following ingredients are to be satisfied:
1. Two parties: -
To constitute an insurance contract, there must be a contract between two parties namely,
insurer and insured.
2. Undertaking by Insurer: -
There must be an undertaking on the part of the insurer to protect the insured from loss or
damage caused to the subject matter upon the happening of an event.
3. Undertaking by Insured: -
There must also be an undertaking by the insured to make the payment of premia/premium
(periodically viz. monthly, quarterly, half yearly, annually in case of life policies or in lump sum
case of on-life policies viz. fire, marine, motor vehicle insurance, inland transit insurance etc.)
without any default.
4. Writing: -
The document known as Insurance Policy' containing terms and conditions must be in writing.
Types of insurance:-
Insurance contract may be broadly categorised under the following heads:
A. As per the nature of interest affected.
1. Personal insurance.
2. Property insurance.
3. Liability insurance.
B. As per the nature of event affected.
1. Life insurance.
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Law of Insurance
2. Fire insurance.
3. Marine insurance.
4. Miscellaneous insurance.
2. Insurable interest
A: - Naturally every person has an interest in his life and property, and is desirous of living
long/preserve the property for long time. Such interest is said to be an insurable interest.
Nature of insurable interest:-
A. It must be and interest enforceable by law. Mere hope, sentimental right, love and affection
would not constitute insurable Interest.
B. It is a right in property or right arising out of property in relation to property.
C. The insurable interest must be pecuniary i.e it should be assessable in terms of money.
D. It must be Lawful
3. Proximate cause.
A: - Causa Proxima: it means proximate cause.
The insurer to be made liable, the loss must have been caused by the peril insured against.
 For instance, in accident policy, the peril insured against is only accident. If the death
takes place due to accident, the causa proxima is satisfied and the insurer entertains the
claim,
 similarly in married policy, there are many perils viz. collision shipwreck, foundering at
sea etc. If the peril insured against is shipwreck, the loss must take place only
due to shipwreck. In case, the cause of loss is collision, causa proxima is not satisfied
and hence, the insurer is not liable.
4. Assignment
A: - The term 'Assignment' literally means "transfer". Assignment of Insurance Policy means
'transfer of insurance policy from one person to another'. The person who transfers or assigns
is called the 'assignor'. The other person to whom the policy is transferred/ assigned is called
the 'assignee'.
Example:-
In Fire Policy, the insured must have insurable interest not only at the time of taking the policy,
but also at the time of making the claim. Otherwise, the policy becomes invalid.
'A' insured his house against fire. Later, he sold the house to 'B'. At the time of transferring
(assigning) the house, 'A did not transfer (assign) the policy to 'B'. Later, the house is lost
(destroyed) by fire. 'A' cannot claim from insurer, as his insurable interest ceased to exist on
transfer. 'B', though having insurable interest, cannot claim since he has no policy. Therefore, to
make the policy operative, it must be assigned at the time of transferring the property.
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Law of Insurance
5. Warranties.
A: - Warranties are the statements according to which insured person promises to do or not to
do a particular thing or to fulfil or not to fulfil a certain condition.
It is not merely a condition but a Statement of fact. Warranties are more rigorously insisted
upon than the conditions because the contract comes to an end if a warranty is broken whether
the warranty was material or not. In case of condition or representation the contract comes to
an end only when these were material or important. Warranties are of two types.
i) Express Warranties; and
i) Implied Warranties.
i) Express Warranties:
Express warranties are those warranties, which are expressly included or incorporated in the
policy by reference.
ii) Implied Warranties:
These are not mentioned in the policy at all but are, tacitly understood by the parties to the
contract and are as fully binding as express warranties.
6. over insurance.
A: - In life policies, the question of over valuation or under valuation does not arise. Any person
irrespective of his economic position can take life policies for any amount without any
limitation. For instance, a common man can take policy even for one crore. But the position
is different in fire and marine policies. There should not be any over valuation or
under valuation. If so, the insurer will not pay more than the actual value. The insured loses the
surplus rate of premium. In case of under valuation, the insurer pays proportionately.
Example:
‘A’ insures his property (house) for Rs.2 lakhs with insurance company X'. But the actual value is
1 lakh. If the house is lost completely "X' pays only Rs. 1 lack. Suppose the same property
(house) is insured for Rs.50,000/.'A gets only Rs.50,000. In case the loss is Rs.30,000/. A' gets
only Rs.15,000/-( i.e. 50% of the value insured). Therefore, the insured has to determine the
value carefully to insure the property.
7. Grace period (days of grace).

A: - every time the premium should be paid to the insurance company within a stipulated time
and date. This is called due date. Most policies contain a provision for permitting a certain
stipulated number of days for the extension of payment of premium. The period between the
due date and the extended date is called Grace period. Payment made during the grace period
is deemed to have been made during or before the due date.
Stuart v Freeman
In this case, premium on life policy was not paid before due date. The assured died after due
date. The premium was paid after the death of the assured, but before the expiry of grace
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Law of Insurance
period. It was held that the payment during grace period was deemed to be the payment
before due date and the insurer was liable.
8. Third party insurance

A: - Third-party insurance is an insurance policy purchased for protection against the claims of
another. One of the most common types is third-party insurance is automobile insurance.
Third-party offers coverage against claims of damages and losses incurred by a driver who is not
the insured, the principal, and is therefore not covered under the insurance policy. The driver
who caused damages is the third party.
Third-party insurance is essentially a form of liability insurance purchased by an insured (first
party) from an insurer (second party) for protection against the claims of another (third party).
The first party is responsible for their damages or losses, regardless of the cause of those
damages.
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Media Law
Syllabus:-
1. Mass media, types of mass media, ownership patterns of mass media, impact of visual and
non- visual media on people's mind.
2. Press-freedom of speech and expression, newsprint and control order, press and monopolies
and restrictive trade practices act.
3. Films and freedom of speech and expression, censorship of films.
4. Radio and television-government monopoly.
5. Radio and television subject to law of defamation, obscenity, taxation.
6. Right to information Act-development and implementation, decisions of Central information
commission and state information commissions.

1. Explain the meaning of mass media. What are the types of mass media? Discuss about the
ownership patterns of both print and electronic media.
A: - Mass media is the means of public communication that reach large numbers of people in a
short time, such as television, radio, internet, newspapers, magazines, and books. Mass media
is the communication channels through which information reaches people.
The word mass media' was coined in the year 1920 with the advent of nationwide radio
and newspaper network. Mass media includes both print and electronic media. It relates to
mass communications. It reaches a large number of people simultaneously. It provides
news, entertainment and advertising messages to the general public.
Print and electronic media have emerged as powerful instruments to mould the public opinion
and to educate, enlighten and entertain the public. The general impression of the people that
'mass media' refers to publication of news only, but it also includes entertainment like
television shows, books, and films. It may also be educational in nature, as in the instance
of public broadcasting stations that provide educational programming to a national audience.
Forms of mass media
Print media Electronic media Outdoor media

Newspapers Radio Posters
Books Films Billboards
Magazine Television Signs
Periodicals Cable Network Placards
Newsletters Direct-to-Home Skywriting
Brochures Recorded Music Blimps
Pamphlets Internet Public speeches
Leaflets Cellular Phones Event organizing
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Ownership patterns of mass media:-

Ownership patterns of newspapers:-
Printing and publication of newspapers and periodicals within India are governed by the Press
and registration of books Act, 1867 and The registration of newspapers (Central) rules, 1956.
Ownership patterns
1. Individuals:-
A single individual or proprietor can publish a newspaper with 100% with his own investment. It
is purely a private enterprise. In the beginning all the newspapers were local and most were
owned by individuals. Most newspapers are owned by individuals followed by joint stock
companies. In India the newspapers owned by the individuals are 70% of total.
2. Societies: -
Societies are registered under The societies registration Act, 1860. They are involved in social
and charitable activities. They print and publish the newspapers in the interests of the society in
general on no profit no loss basis. the decisions are taken collectively pertaining to the
publication and circulation of the newspapers.
3. Partnership firms:-
A group of individuals can publish a newspaper with contribution of their respective shares.
They are purely a private enterprise. In the beginning all the newspapers were local and most
were owned by individuals but nowadays newspapers are owned by the partnership firms. The
Hindu, Times of India are the examples of this type of newspapers.
4. Joint stock companies:-
Joint Stock Company is an association of individuals in a business enterprise with transferable
shares of stock. They can publish newspapers with their contribution. Indian express is an
example.
5. Trusts:-
A trust is a relationship whereby property is held by one party for the benefit of another. The
trust can publish newspapers. In India the newspapers owned by trusts are two percent.
6. Educational institutions:-
Educational institutions are engaged in the promotion of education in the diverse fields such as
general, engineering and technology, medicine, law, media and generation etc. Such
institutions can start publishing the newspapers of their choice.
7. Union and State governments:-
Generally the government not own newspapers. But the Press Information Bureau (PIB) is the
nodal agency of the Government of India to disseminate information to the print and electronic
media government policies, programs, initiatives and achievements. It functions as an interface
between the government and the media and also serves to provide feedback to the
government on people's reaction as reflected in the media.
Ownership patterns of films:-
The government had established National Film Development Corporation limited in 1975 to
produce and co-produce films. However, institutional funding for the films increased after the
grant of industry status in 2001, when the reserve Bank of India formulated guidelines for the
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banks for finding the film industry. This facilitated the much needed institutional financing,
which was earlier unavailable. Before corporatisation, there was a Monopoly of big producers
and stars in the industry. With institutional funding available at relatively lower interest rates,
new and talented filmmakers can easily produce their films.
Ownership patterns of radio:-
All India radio: - control by ministry of Information and broadcasting, Government of India.
Prasar Bharati:- it is the public service broadcasting of the country. PrasarBharati act came into
existence in 1997. The act sought to free all India radio and Doordarshan from direct control of
the Government and provides for the establishment of an autonomous corporation for the
electronic media. So PrasarBharati was establishment.
Public and private FM radio broadcasters: - in 2000, the Government of India opened the
sector for participation by the private FM broadcasters and offered 108 frequencies in 40 cities
for open tender bidding.
Ownership patterns of television:-
Private ownership: - governors of a television networks have political and electoral ambitions.
The prime goal of the private ownership of television is to make profit.
Cable television: - after the economic liberalization the cable TV industry exploded in the early
1990. So many foreign companies came to India. Sun TV was launched in 1992 as the first
private channel in South India. First private channel in India is Zee TV.
2. Examine the constitutional foundation of freedom of speech and expression under Indian
constitution.
A: - Article 19(1)(a) of the constitution guarantees the freedom of speech and expression to all
the citizens.
It reads as follows:-
19. Protection of certain rights regarding freedom of speech, etc.
(1) All citizens shall have the right
(a) To freedom of speech and expression;
(2) Nothing in sub-clause(a) of clause(1) shall affect the operation of any existing law, or prevent
the State from making any law, in so far as such law imposes reasonable restrictions on the
exercise of the right conferred by the said sub-clause in the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign States, public order,
decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
It means the right to express once own opinions freely by words of mouth, writing, printing,
pictures, drawing, procession, singing, dancing, film, puppet show etc.
Freedom of speech and expression is the foundation of democracy.
A. It helps an individual to attain self fulfilment.
B. It assists in the discovery of truth.
C. It balances between stability and social change.
D. It helps in exchange of beliefs freely.
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Article 19 (2) imposes certain restrictions on the exercise of freedom of speech and expression.
These are called reasonable restrictions.
They are:-
A. Sovereignty and integrity of India.
B. Security of the state.
C. Friendly relations with foreign States.
D. Public order.
E. Decency or morality.
F. Contempt of court.
G. Defamation.
H. Incitement to an offence.
A. Sovereignty and integrity of India: - state is empowered to impose reasonable restrictions of

the right to freedom of press on the ground of sovereignty and integrity of India. Hence the
state prohibits anyone from making the statements that challenge or affect the integrity and
sovereignty of India.
B. Security of the state:- the state provides all the utterances that are intended to endanger
the security of the state such as crimes of violence intended to overthrow the government,
raising the war and rebellion against the government, external aggression etc.
C. Friendly relations with foreign States: - the state can impose reasonable restriction on the
freedom of speech and expression, if extended to jeopardize the friendly relations of India with
other state.
D. Public order: - anything that disturbs public peace is public tranquillity disturbs public order,
so that state can impose reasonable restrictions upon them. But mere criticism of the
government does not necessary disturb public order.
Ramesh Thapper vs. The state of Madras
A magazine named crossroads was banned in the state of Madras on the ground that it
criticized the government policies thereby disturbed the public order. The court held that Mere
criticism of government policies is not a ground to impose restriction on the ground of public
order.
E. Decency and morality: - the word obscenity is synonyms to the words decency and morality.
Section 292 of the Indian penal Code prohibits obscenity in any form.
Ranjit udeshi vs. state of Maharashtra.
The appellant was prosecuted along with other partners of a book stall which was found to be
in possession of a obscene book. The court held the appellants guilty.
F. Contempt of court:- the confirm contempt of court refers to civil contempt or criminal
contempt under the act, but judges do not have any general immunity from criticism of their
judicial conduct, provided that is made in good faith and is genuine criticism not any attempt to
impair the administration of justice.
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Media Law
E.M.S. Namboodripad vs. T.N.Nambiar

Supreme Court confirmed the decision of the high court holding Mr Namboodripad guilty of
contempt of court.
G. Defamation: - defamation is defined under section 499 of Indian penal code. It is a false
statement about a person's reputation. This offences is non cognizable, bailable and
compoundable and tribal by the court of sessions. Defamation against state or government is
called sedition which is an offence under section 124 A of the code.
H. Incitement to an offence: - incitement is an inchoate offence, which means that the offence
occurs as a result of actions or agreements entered into incorporation for a substantive
offence. State is about to impose reasonable restrictions on the right to freedom of press on
the ground of incitement to an offence.
3. Explain about the pre censorship of films and its constitutional validity. Explain about the
censor board.
A: - Films in India have been censored on the grounds of obscenity, sex and violence and also
banned for maintaining public order, culture and traditions. Thus the films are
different from other forms of expression such as plays, recitals street plays,
dance performances etc. because movies face Pre-censorship from the Censor Board. Every
movie is evaluated and scrutinized and given a rating stating its suitability for audiences by the
Censor Board before the movie can be released for public viewing.
Films in India are regulated under the Cinematograph Act, 1952. The Central Board of Film
Certification certifies films for public exhibition as well as restricted viewing. This process is
mandatory, and the exhibition of a movie without what is popularly referred to as a
censor board certificate is an offence punishable with conviction with up to three years of
imprisonment.
Constitutional validity of Pre-censorship of films: - Films in India are certified under four
categories.
They are: -
U - Unrestricted Public Exhibition
U/A - Unrestricted Public Exhibition, but with a word of caution that parental discretion
required for children below 12 years Restricted to adults.
S - Restricted to any special class of persons
A - restricted to adults.
Censorship of films, their classification according to age groups and their suitability for
unrestricted exhibition with or without excisions (The deletion of some text during editing )is
regarded as a valid exercise of power in the interests of public morality, decency etc. This is not
to be construed as necessarily offending the freedom of speech and expression. Freedom of
speech and expression enable to express oneself freely through films. Censorship imposes
certain restrictions on the right to freedom of speech and expression.
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Media Law
K.A. Abbas v. Union of India

Films are categorised as 'U' films and A' film under the Cinematograph Act, 1952.'U' flms
are meant for unrestricted exhibition, but 'A' films should be shown to adults only. In this case
the petitioner made his film namely "Tale of Four Cities'' and could not get 'U' certificate and
challenged the validity of pre-censorship film as violative of freedom of speech and expression.
It has been held that the pre- censorship of films is valid. The Court pointed that the films have
to be treated separately from other forms of art and expression, because, a motion picture was
able to stir up emotions more deeply than any other product of art. Therefore classification of
films into "U'' and A' was held to be valid. Therefore pre censorship of films is also held valid
constitutionally.
Central Board of film certification (Censor Board): - Central Board of Film Certification (CBFC) is
a statutory body established under the Ministry of Information and Broadcasting, regulating the
public exhibition of films under the provisions of the Cinematograph Act, 1952. Films can
be publicly exhibited in India only after they have been certified by the Central Board of Film
Certification. It assigns certifications to films, television shows, television ads, and publications
for exhibition, sale or hire in India. Films can be publicly exhibited only after they are certified
by the Board.
The Board consists of non official members and a Chairman, all of whom are appointed by
Central Government and functions with headquarters at Mumbai. It has nine regional offices,
one each at Mumbai, Kolkata, Chennai, Bangalore, Thiruvananthapuram, Hyderabad, New
Delhi, Cuttack and Guwahati. The Regional Offices are assisted in the examination of films
by Advisory Panels. Members of the panels are nominated by Central Government by drawing
people from different walks of life for a period of 2 years.
4. What are the salient features of cinematography Act?

A: - The censorship of films is governed by the cinematograph act 1952. It assigns certification
as universal, adults and parental guidance to films in India before public exhibition. Certification
from Authority is made necessary, with a view to control the obscenity and criminality.
A film is judged in its entirety from the point of view of its overall impact and is examined in the
light of the period depicted in the film and the contemporary standards of the country and the
people to whom the film relates, provided that the film does not deprave the majority of the
audience.
Salient features of cinematograph act:-
This act is enacted to make provisions for the certification of cinematograph films for exhibition
and for regulating exhibitions by means of cinematographs.
Definitions
A. Adult- a person who has completed his 18 years of age.
B. Board- board of film certification constituted by the central government under section 3.
C. Certificate- certificate granted by the board under section 5A.
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Media Law
D. Cinematograph- any apparatus for the representation of moving pictures or series of

pictures.
E. District magistrate- collector of the district.
F. Tribunal- The appellate Tribunal constitute under section 5D.
Certification of films for public exhibition:-
Section 3:- For the purpose of giving certificates to the films for public exhibition, the central
government may constitute a board which consists of a chairman and other members as
appointed by the central government.
Section 4:- any person desiring to exhibit any film shall have to apply to the board in the
prescribed manner to examine his film and give the certification there to. The board after
examining the film may give any of the following certificate.
U - Unrestricted Public Exhibition
U/A - Unrestricted Public Exhibition, but with a word of caution that parental discretion
required for children below 12 years Restricted to adults.
S - Restricted to any special class of persons
A - restricted to adults.
The board may also refuse to give the certificate for the public exhibition. It may also suggest
some modifications before sanctioning certification.
Section 5:- for effective discharge of functions of the board the central government may
establish regional centers and advisory panels which shall consists of such number of persons
being qualified to judge the effect of films on public.
Section 5A:- after examining the film, relevant certificate is granted by the board.
The board may also refuse to grant the certificate.
Section 5B:- a film shall not be certified if any part of it is against the interests of the
sovereignty and integrity of India, the security of the state, friendly relations with foreign
States, public order, decency, defamation, contempt of court, likely to incite the commission of
any offence.
Section 5C:- any person who is aggrieved by the order of the board, shall within 30 days from
the date of such order prefer an appeal to the Tribunal.
Section 5D: - constitution of appellate Tribunal.
Section 5E:- if a film is exhibited other than the one in which it was certified then the certificate
may be suspended.
Section 5F:- review of orders by central government.
Section 6:- revisional powers of the central government.
Section 7:- penalties for contravention of this part.
Section 7A:- power of seizure.
Section 7B:- delegation of powers by the board.
Section 7C:- power to direct exhibition of films for examination.
Section 8:- power to make rules.
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5. Write a note on the duties and responsibilities of public information officers under the
Right to Information Act, 2005 on the issue of disclosure of information to the applicants.
A: - Right to Information Act 2005 mandates timely response to citizen requests for government
information.
Objective of the Right to Information Act: -
The basic object of the Right to Information Act is to empower the citizens, promote
transparency and accountability in the working of the Government, contain corruption, and
make our democracy work for the people in real sense. It goes without saying that an informed
citizen is better equipped to keep necessary vigil on the instruments of governance and make
the government more accountable to the governed. The Act is a big step towards making the
citizens informed about the activities of the Government.
DESIGNATION OF PIOS & APIOS
 Section 5 (1) of the Act requires a Public Authority to designate “as many” officers as
Central Public Information Officer or the State Public Information Officer, as the case may
be, in all administrative units and offices under it as may be necessary to provide
information to persons requesting for the same. They were to be designated within 100
days of the enactment of the Act.
 Section 5(2)-Similarly, Central or State Assistant Public Information Officers are to be
designated at “each sub-divisional level or other sub-district level” to receive applications
or appeals and forward them on to the concerned Public Information Officers, Designated
Appellate officers and the Information Commission This is to ensure that the public can
apply for information in their own local areas without the need for travelling long
distances to the offices of the Public Information Officers.
DUTIES & RESPONSIBILITIES
The Act prescribes the obligations of a Public Information Officer (PIO), Assistant Public
Information Officer (APIO) and other officers as follows:
Public Information Officer
• to deal with requests from persons seeking information and render reasonable assistance to
the persons seeking such information, taking the assistance of any other officer, if considered
necessary by him or her for the proper discharge of duties [Section 5(3) & 5(4)];
• to render ‘all reasonable assistance’, where request for information cannot be made in
writing, to the person making the request orally to reduce the same into writing [Section 6(1)];
• to dispose request for information under the Act, either providing the information requested
on payment of prescribed fee or rejecting the request for reasons to be specified within the
time period stipulated under the Act [Section 7(1)].
National Implementing Agency - Capacity Building for Access to Information Project
Assistant Public Information Officer
• to receive applications for information or appeals under the Act for forwarding the same forth
with to the Central Public Information Officer or the State Public Information Officer or
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Appellate Officer or the Central Information Commission or the State Information Commission,
as the case may be [Section 5 (2)].
Officer whose Assistance is Sought
• To render all assistance to the Public Information Officer who sought his or her assistance;
• To be treated as a Public Information Officer for the purposes of any contravention of the
provisions of the Act. [Section 5 (5)]
6. Explain the procedure to be followed by the applicant in seeking information from the
public authorities under The Right to Information Act.
information.
PROCEDURES FOR REQUEST FOR INFORMATION
 Section 6 of the Act stipulates that the request for information may be made to the Central
Public Information Officer or State Public Information Officer, as the case may be, of the
concerned public authority or given to the Central Assistant Public Information Officer or
State Assistant Public Information Officer, as the case may be.
 The request for information can be made as follows:
• In writing or through electronic means in English or Hindi or in the official language of the
area in which the application is being made;
• Oral request to be reduced to writing with assistance sought from Public Information
Officer, where such request cannot be made in writing;
• To specify the particulars of the information being sought by the applicant;
• To be accompanied by fee as prescribed under the rules made under the Act;
• applicant not to be required to give reason for requesting the information or any other
personal details except those that may be necessary for the purpose of contacting.
FEES & COSTS TO BE CHARGED
The Act prescribes the following fees and costs to be charged from persons making request for
information:
(1) Cost: Section 4 (4) – Cost of medium: electronic or print or print cost price 4
(2) Fee: Section 6 (1) – Fee accompanying application of request for information
(3) Fee: Section 7 (1) – Fee as prescribed under rules for furnishing information
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(4) Fee: Section 7(3) – Further fee representing the cost of providing the information requested
as determined by PIO
(5) Fee: Section 7 (5) – Fee prescribed under rules for supply of information in printed or
electronic format. [Fees under Section 7 (3) and Section 7 (5) can be combined together.]
Other charges and costs, if any, need to be specified while disposing requests for information.
No fee shall be charged from the persons who are of below poverty line as may be determined
by the appropriate Government [Section 7(5)];
Further, the person making request for information shall be provided the information free of
charge where a public authority fails to comply with the stipulated time limits for disposal of
request applications [Section 7(6)];
7. Write a note on the categories of information exempted from disclosure under Right to
Information Act, 2005.
information.
GROUNDS FOR REJECTION OF REQUESTS
(1) Section 8 (1): Exemptions from disclosure of information. There is no obligation on the part
of a PIO to give any citizen the following:
a) Information where disclosure would prejudicially affect the sovereignty and integrity of India,
the security, strategic, scientific or economic interests of the State, relation with the foreign
State or lead to incitement of an offence;
b) Information expressly forbidden to be published by any court of law or tribunal or the
disclosure of which may constitute contempt of court;
c) Information, the disclosure of which would cause a breach of privilege of Parliament or State
Legislature;
d) Information including commercial confidence, trade secrets or intellectual property where
disclosure would harm the competitive position of a third party, unless larger public interest
warrants the disclosure of such information;
e) Information available to a person in his fiduciary relationship, unless larger public interest
warrants the disclosure of such information;
f) Information received in confidence from a foreign Government;
g) Information, the disclosure of which would endanger the life or physical safety of any person
or identity the source of information or assistance given in confidence for law enforcement or
security purposes;
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h) Information which would impede the process of investigation or apprehension or

prosecution of offenders;
i) Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and
other officers;
j) Personal information, which would cause unwarranted invasion of the privacy of the
individual unless larger public interest justifies the disclosure of such information. (The
information which cannot be denied to the Parliament or State Legislature shall not be denied
to a person making request for the same). However, a PIO may allow access to information if
public interest in disclosure outweighs the harm to the protected interest.
(2) Section 9: Infringement of the copyright subsisting in a person other than the State. This is
the only absolute exemption. Here the PIO need not consider the public interest in disclosure.
(3) Section 11: Third party information treated as confidential by the concerned and involving
the case of trade or commercial secrets protected by law and other third party information
where the public interest in disclosure does not outweigh the importance of any possible harm
or injury to the interests of such third party.
(4) Section 24: Information of exempted intelligence and security organizations except
information pertaining to allegations of corruption and human rights violations

1. Copyright.
A: - Copyright is a form of intellectual property that grants the creator of an original creative
work an exclusive legal right to determine whether and under what conditions this original
work may be copied and used by others, usually for a limited term of years. [1][2][3][4][5]The
exclusive rights are not absolute but limited by limitations and exceptions to copyright law,
including fair use. A major limitation on copyright on ideas is that copyright protects only the
original expression of ideas, and not the underlying ideas themselves.
Copyright law protects expressions of ideas rather than the ideas themselves. Under section
13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic
works, musical works, artistic works, cinematograph films and sound recording. For example,
books, computer programs are protected under the Act as literary works.
2. Demonstration and picketing.

A: - A demonstration is action by a mass group or collection of groups of people in favor of
a political or other cause or people partaking in a protest against a cause of concern; it often
consists of walking in a mass march formation and either beginning with or meeting at a
designated endpoint, or rally, to hear speakers. It is different from mass meeting.
Actions such as blockades and sit-ins may also be referred to as demonstrations.
Demonstrations can be nonviolent or violent (usually referred to by participants as "militant"),
or can begin as nonviolent and turn violent depending on the circumstances. Sometimes riot
police or other forms of law enforcement become involved. In some cases this may be in order
to try to prevent the protest from taking place at all. In other cases, it may be to prevent
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clashes between rival groups, or to prevent a demonstration from spreading and turning into
a riot.
Picketing is a form of protest in which people (called picketers) congregate outside a place of
work or location where an event is taking place. Often, this is done in an attempt to dissuade
others from going in ("crossing the picket line"), but it can also be done to draw public attention
to a cause. Picketers normally endeavor to be non-violent. It can have a number of aims, but is
generally to put pressure on the party targeted to meet particular demands or cease
operations. This pressure is achieved by harming the business through loss of customers and
negative publicity, or by discouraging or preventing workers or customers from entering the
site and thereby preventing the business from operating normally.
3. State information commission.

A: - The State Information Commission will be constituted by the State Government through a
Gazette notification. It will have one State Chief Information Commissioner (SCIC) and not more
than 10 State Information Commissioners (SIC) to be appointed by the Governor.
The Right to Information Act, 2005 provides for the creation of State Information Commission
at the State level.
Composition of State Information Commission
The Commission consists of a State Chief Information commissioner and ten State Information
Commissioners. They are appointed by the Governor on the recommendation of the committee
consisting of the Chief Minister as Chairperson, the Leader of the Opposition in the Legislative
Assembly and a state Cabinet Minister nominated by the Chief Minister. They should be person
of eminence in public life and should not hold any other office of profit or connected with any
political party or carrying on any business or pursuing any profession.
4. Central information commission.

A: - The Central Information Commission (CIC) set up under the Right to Information Act is the
authorised body, established in 2005,under the Government of India to act upon complaints
from those individuals who have not been able to submit information requests to a Central
Public Information Officer or State Public Information Officer due to either the officer not have
been appointed, or because the respective Central Assistant Public Information Officer or State
Assistant Public Information Officer refused to receive the application for information under the
RTI Act.
The Commission includes 1 Chief Information Commissioner (CIC) and not more than 10
Information Commissioners (IC) who are appointed by the President of India. The first Chief
Information Commissioner of India was Wajahat Habibullah. The present Chief Information
Commissioner of India is Sudhir Bhargava
5. Sedition.
A: - Meaning of Sedition under Section 124A of IPC, 1860
“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 shall be punishable with Life Imprisonment”.
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Constitutionality of Law of Sedition in India

Kedarnath Singh v. State of Bihar
 It was held that the law is constitutional and covered written or spoken words that had
the implicit idea of subverting the Government by violent means.
 With an intention to create public disorder, Citizens can criticize the Government as long
as they are not inciting people to violence against the Government.
 Supreme Court upheld the validity of Section 124A, it limited its application to acts
involving intention or tendency to create disorder, or a disturbance of law and order, or
incitement to violence.
6. Bundhs.
A: - Bandh is a form of protest used by political activists in South Asian countries such
as India and Nepal. It is similar to a general strike. During a bandh, a political party or a
community declare a general strike. For eg. A Bharat bandh is a call for a bandh across India,
and a bandh can also be called for an individual state or municipality.
The community or political party declaring a bandh expects the general public to stay at home
and not report for work. Shopkeepers are expected to keep their shops closed, and public
transport operators of buses and cabs are expected to stay off the road and not carry
passengers. There have been instances when large metropolitan cities have been brought to a
standstill.
A bandh is a powerful means of civil disobedience, and because of its huge impact on the local
community, it is a much-feared tool of protest.
Burglary, forced closures, arson attacks, stoning, and clashes between the bandh organizers and
the police are common during the period of closure.
7. Broadcasting.
A: - Broadcasting is the distribution of audio or video content to a dispersed audience via any
electronic mass communications medium, but typically one using the electromagnetic
spectrum (radio waves), in a one-to-many model.
Evolution of broadcasting: -
Telephone broadcasting
Radio broadcasting
Television broadcasting
Cable radio
Direct-broadcast satellite
8. Right to circulate.
A: -Freedom of press consists of a number of rights and one such right is freedom of
publication. Publication means dissemination and circulation. Liberty of circulation is as essen-
tial to that freedom as the liberty of publication. Indeed without circulation the publication
would be of little value. The newspapers should have the freedom to publish any number of
pages or to circulate it to any number of persons. Right to circulation is said to be the facet of
Freedom of Speech which is one of the fundamental rights guaranteed to the citizens of our
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country under Art 19(1)(a) of our Constitution. Attempts were made to regulate the
dissemination and circulation of newspapers by the government through legislative or
executive measures.
Sakal Papers v. Union of India
The Supreme Court held that the state could not make laws which directly affected the
circulation of a newspaper for that would amount to a violation of freedom of speech.

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Table of Contents

The code of Civil Procedure, 1908 .......................................................................................1

Long answer questions: -

Civil procedure during British rule: -

2. Give a detailed note on “suits of civil nature”.

Examples of suits of civil nature

 Suits for damages for civil wrongs

4. What is summons? State the modes of service of summons.

A. Personal or direct service (Rules 10-16 & 18): -

D. Substituted service (Rule 17, 19 & 20): -

B. Written statement: - written statement is the pleading of the defendant. It is prepared in a

such dwelling house is in the occupancy of the judgment-debtor and he refuses or

Who may appeal: -

11. What is limitation? Explain the general principles of limitation.

Short answer questions: -

1. The plaintiff must be in lawful possession/custody of another's property.

upheld the importance of the veracity of an affidavit by the virtue of the

Section 14: - presumption as to foreign judgement-

6. Effect of acknowledgement of limitation.

Long answer questions: -

Rights of a person arrested under preventive detention laws:-

2. Explain the provisions relating to arrest.

A. Arrest without warrant by police:-

B. Arrest by a private person: -

3. What are the various rights available to an arrested person?

Rights of arrested person under the constitution of India:-

Rights of a person arrested under preventive detention laws:-

4. Explain the process of search and seizure under CrPC.

5. Explain the provisions regarding bail.

Investigation incomplete (section 167):- according to section 167, if the investigation is

Anticipatory bail: - section 438.

6. What is charge? Explain the form and contents of charges.

7. Explain the significance of summary trials in CrPC.

Magistrates competent to try summarily (section 260):-

8. Explain briefly about Juvenile justice system.

10. Probation of offenders Act, 1958.

Short answer questions:-

4. Cognizable and non cognizable offences.

 It is a judicial or non judicial proceeding.

10. Compoundable and non compoundable offences.

Non compoundable offences:-

Examples of compoundable offences: -

11. Autrefois convict & Autrefois acquit.

12. Appeal, revision and reference.

Revision: - section 397 to 401.

Long answer questions:-

Distinction between admission and confession:-

3. Explain the problems relating to admissibility of confessions.

1. The statement in question is a confession.

5. Discuss the general principles of relevancy of previous judgements.

6. Who is an expert? Explain the general principles of experts' testimony.

ii) Official Communications (Sec.124)

10. General rules relating to burden of proof.

Short answer questions:-

3. Confession made to police officer.

10. Hostile witness

11. Ancient document.

13. Character evidence

Long answer questions:-