CS Executive JIGL study materials
CS Executive JIGL study resources

CS Executive JIGL: Civil Procedure, Limitation, Evidence and Criminal Procedure

CS Executive JIGL · Work through your exam, one topic at a time.

All guide sections

Civil Procedure, Limitation, Evidence and Criminal Procedure

Civil Procedure Code, 1908

Jurisdiction is territorial (ss.15-20), pecuniary and by subject matter. Res judicata (s.11) bars a fresh suit where a competent court decided the matter on merits; res sub judice (s.10) stays the later suit. Pleadings run from plaint and written statement to issues, evidence and decree. Appeals lie under s.96, second appeals under s.100 on a substantial question of law, revision under s.115. Interim injunctions under Order XXXIX need a prima facie case, irreparable injury and balance of convenience. Inherent powers come from s.151.

Limitation Act, 1963

Three years is the general period from accrual of the cause of action; 12 years for recovery of immovable property. Section 5 condones delay in appeals and applications on sufficient cause; s.6 protects legal disability; s.14 excludes time in a bona fide wrong court; s.18 treats written acknowledgment as a fresh starting point. Section 27 extinguishes the right to property on expiry.

Evidence Act, 1872

Relevancy, admissions, confessions (s.25 bars confessions to police; ss.26-27 cover custody and discovery), dying declaration (s.32(1)), burden of proof (ss.101-103, s.106 for special facts), estoppel (s.115), presumptions (s.114), expert opinion (s.45), and primary and secondary evidence (s.65). From 1 July 2024 these are re-enacted in the Bharatiya Sakshya Adhiniyam, 2023.

Criminal procedure

The CrPC, 1973 has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Core stages persist: FIR (s.154 CrPC / s.173 BNSS), investigation, charge, bail, trial, appeal.

Worked example

A magistrate records a victim's statement as a dying declaration. Under s.32(1) it is relevant though the maker cannot be cross-examined, and conviction can rest on it if found truthful, with corroboration preferred.