HP Higher Judicial Service (District Judge) cheat sheet

Order II Rule 2 CPC: a suit must include the whole claim; omission bars a later suit on the same cause of action, but a claim arising after institution may be sued separately with leave under Rule 2(3).

Section 9 CPC: civil courts try all suits of a civil nature except those expressly or impliedly barred; a suit for a caste or religious office is expressly barred.

Section 11 CPC res judicata requires a former suit decided by a competent court on the same matter, between the same parties litigating under the same title; Explanation IV extends it to matters constructively in issue.

Order VII Rule 11: plaint rejected for want of cause of action, undervaluation of relief, insufficient court fee, barred by law, or non-compliance with Section 80 notice; rejection is a decree appealable under Section 96.

Section 34 CPC interest: pendente lite and future interest are discretionary; the court may award future interest above 6% only with reasons in writing.

Order XXXIX Rules 1 and 2: temporary injunction needs prima facie case, irreparable injury and balance of convenience; grant is discretionary and appealable under Order XLIII Rule 1(r).

Section 100 CPC second appeal lies only where the case involves a substantial question of law; concurrent findings of fact cannot be reopened merely because another view is possible.

Order VI Rule 17 amendment: leave is granted if amendment is necessary for determining the real question in controversy and causes no prejudice; after trial begins, due diligence must be shown.

BNS 2023 replaced IPC 1860; Section 103 BNS corresponds to murder and Section 101 to culpable homicide not amounting to murder, retaining the Part I/Part II exception structure and the five exceptions.

Section 300 IPC / Section 101 BNS: culpable homicide becomes murder unless it falls within the five exceptions; Exception 1 (grave and sudden provocation) and Exception 4 (sudden fight) are the commonest defences.

Section 304B IPC dowry death is now Section 80 BNS; Section 498A IPC cruelty is Section 85 BNS, with Section 86 BNS defining cruelty.

BNSS 2023 Section 173 replaces Section 154 CrPC FIR; Section 173(3) permits preliminary enquiry within 14 days for offences punishable with 3 to 7 years.

BNSS Section 187 replaces Section 167 CrPC; default bail accrues on expiry of the 60-day or 90-day period where investigation is incomplete and no charge sheet is filed.

BNSS Section 483 replaces Section 438 CrPC anticipatory bail; conditions include readiness to cooperate and non-interference with witnesses; Section 482 BNSS corresponds to Section 439 CrPC.

Section 300 CrPC / Section 351 BNSS: a Magistrate may try summarily offences punishable with imprisonment up to 2 years; summary trial conviction carries a maximum of 3 months' imprisonment.

Double jeopardy: Article 20(2) bars a second prosecution after conviction or acquittal for the same offence; Section 300 CrPC protects against a second trial on the same facts by a court of concurrent or inferior jurisdiction.

Article 13 makes pre-constitutional laws void to the extent of inconsistency with Part III; post-constitutional laws violating Part III are void ab initio; Article 31B saves laws in the Ninth Schedule from challenge.

Article 14 forbids class legislation but permits reasonable classification based on intelligible differentia with a rational nexus to the object; Article 14 also bars manifest arbitrariness in State action.

Article 21 includes the right to a speedy trial, legal aid, privacy, livelihood and a clean environment; these are enforceable against the State and, in some cases, private bodies performing public functions.

Article 32 and Article 226: Article 32 lies only against State action for Part III violations; Article 226 is wider and lies against any person or authority for legal rights, but is discretionary.

Basic structure doctrine: Parliament cannot amend the Constitution to destroy essential features such as judicial review, separation of powers, free and fair elections and federalism.

Administrative law grounds of judicial review: illegality, irrationality, procedural impropriety and proportionality; Wednesbury unreasonableness is subsumed under Article 14 arbitrariness review.

Natural justice: audi alteram partem and nemo judex in causa sua; notice, hearing, reasoned order and a fair opportunity are essential; post-decisional hearing does not cure a total denial of hearing.

Article 311 protects civil servants from dismissal by an authority subordinate to the appointing authority and requires an inquiry with reasonable opportunity, except under Article 311(2) proviso.

Section 101 of the Indian Evidence Act / Bharatiya Sakshya Adhiniyam: the burden of proof lies on the person who asserts a fact; Sections 102-104 shift the burden in specific situations.

Section 25 Evidence Act (Section 23 BSA) bars confessions to a police officer; Section 26 (Section 24 BSA) bars confessions in police custody unless made in the immediate presence of a Magistrate.

Section 27 Evidence Act (Section 23(2) BSA) allows so much of information given by an accused in custody as relates distinctly to the fact discovered; it is not a confession provision.

Section 32 Evidence Act (Section 26 BSA) dying declaration is admissible only for the cause of death; the statement need not be in question-answer form, and corroboration is not mandatory.

Section 65B Evidence Act (Section 63 BSA) certificate is mandatory for admissibility of electronic records as secondary evidence; Anvar P.V. v. P.K. Basheer and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal govern.

Section 3 of the Limitation Act: suits, appeals and applications filed after the prescribed period are dismissed though limitation is not set up as a defence; Section 5 condones delay in appeals and applications, not suits.

Article 113 of the Limitation Act: a three-year residuary period for suits for which no period is provided; Article 58 provides three years for a declaration.

Section 18 Limitation Act: a written acknowledgment of liability signed before expiry of the period starts limitation afresh; an acknowledgment after expiry does not revive the claim.

A judgment under Order XX Rule 1 CPC must contain a concise statement of the case, the points for determination, the decision and the reasons, and the relief granted or costs.

Order XX Rule 3 CPC: judgments must be pronounced in open court either on the day of hearing or on a future day of which notice is given to the parties or their pleaders.

Order XX Rule 4 CPC: judgments of a Court of Small Causes may be oral, but a judgment of a civil court must be in writing and signed and dated by the judge.

Criminal judgment under Section 354 CrPC / Section 392 BNSS must state the points for determination, the decision with reasons, the offence and the punishment, and the compensation awarded under Section 357.

Every judgment should record the evidence led, the arguments advanced, the findings on each issue or charge, and the ratio; the operative portion must be self-contained and executable.

In a criminal appeal, the appellate court must address the presumption of innocence, the benefit of doubt, and the sufficiency of the evidence on each ingredient of the offence.

A judgment must not decide matters outside the pleadings; Order XX Rule 5 CPC requires the judgment to state the relief to which the plaintiff is entitled on the findings.

Reasons are the heartbeat of a judgment; a decision without reasons is arbitrary and violates Article 14 and the right to a fair trial under Article 21.

Order XIV Rule 1 CPC: issues arise when a material proposition of fact or law is affirmed by one party and denied by the other; each material proposition may give rise to a separate issue.

Order XIV Rule 2 CPC: the court may try a preliminary issue of law relating to jurisdiction or a bar to the suit; if the issue requires evidence, it must be tried with the other issues.

Order XIV Rule 3 CPC: issues must be framed at the first hearing on the pleadings, documents and examination under Order X; the court may add, amend or strike out issues later.

Order XIV Rule 5 CPC: the court must state the issues in writing and record findings on each issue separately with reasons.

Section 211 CrPC / Section 234 BNSS: a charge must state the offence with which the accused is charged, the law and section, and the time, place and manner of the offence.

Section 212 CrPC / Section 235 BNSS: the charge must be in writing and read over to the accused; if the accused pleads not guilty, the Magistrate proceeds to trial.

Section 218 CrPC / Section 241 BNSS: separate charges must be framed for distinct offences, except where a single charge for a series of acts forming one transaction is permitted.

Section 464 CrPC / Section 501 BNSS: an error in a charge is not fatal unless it has occasioned a failure of justice; a court may alter the charge and recall witnesses.

Order VI Rule 1 CPC: pleadings include a plaint and a written statement; Rule 2 requires every pleading to contain a statement of material facts, not evidence.

Order VI Rule 4 CPC: where a party relies on misrepresentation, fraud, breach of trust, wilful default or undue influence, full particulars must be pleaded.

Order VII Rule 1 CPC: a plaint must contain the name of the court, the description of the parties, the cause of action, the jurisdiction, the relief claimed and the valuation.

Order VIII Rule 1 CPC: the defendant must file a written statement within 30 days of service, extendable up to 90 days; Rule 3A permits a counterclaim.

Order VIII Rule 6 CPC: a set-off must be for an ascertained sum legally recoverable and must not exceed the pecuniary limits of the court's jurisdiction.

Order VI Rule 15 CPC: every pleading must be verified by the party or a person acquainted with the facts, and the verification must state which paragraphs are verified on knowledge and which on belief.

An order under Section 144 CPC or Order XXXIX must be self-contained, specify the operative directions, and state the reasons so that it can be executed or appealed against.

Order XX Rule 6A CPC: the last paragraph of the judgment must state the relief granted and the costs, and the decree must be drawn up in accordance with the judgment.

Ratio decidendi is the legal principle on which a decision is based and binds lower courts; obiter dicta are observations not necessary to the decision and are persuasive only.

Per incuriam decisions are those rendered in ignorance of a statute or binding precedent; they lose precedential value and need not be followed.

Sub silentio decisions, where a point was not argued or considered, do not bind; a decision on a concession does not lay down a binding rule.

Article 141 makes Supreme Court law binding on all courts in India; a larger bench decision prevails over a smaller bench, and a later coordinate bench decision prevails over an earlier one.

The doctrine of prospective overruling, recognised in Golaknath and applied in Kesavananda Bharati, allows the Court to apply a new rule only to future cases.

Distinguishing a precedent requires pointing to a material difference in facts or law; mere disagreement with the reasoning is not a valid ground for a lower court to refuse to follow it.

The doctrine of stare decisis promotes certainty but yields to the correction of a manifest error or a change in law or social conditions.

A decision without reasons or a decision on a question not raised is not a binding precedent; the court must apply the ratio to the facts found.

Section 3 Evidence Act defines proved, disproved and not proved; a fact is proved when the court believes it to exist or considers its existence so probable that a prudent person would act on that supposition.

Section 45 Evidence Act (Section 39 BSA): expert opinion is admissible on foreign law, science, art, handwriting and finger impressions; the expert's opinion is advisory and not binding.

Section 114 Evidence Act (Section 119 BSA): the court may presume the existence of facts likely to have happened in the ordinary course of nature, including the presumption that official acts are regularly performed.

Section 106 Evidence Act (Section 109 BSA): the burden of proving a fact especially within the knowledge of a person lies on that person, but it does not relieve the prosecution of proving its case beyond reasonable doubt.

Section 133 Evidence Act (Section 138 BSA): an accomplice is a competent witness; conviction on the uncorroborated testimony of an accomplice is legal but unsafe as a rule of prudence.

Section 3 of the Bharatiya Sakshya Adhiniyam recognises electronic records as documents; admissibility requires the certificate under Section 63 BSA for secondary electronic evidence.

Circumstantial evidence must form a complete chain excluding every reasonable hypothesis of innocence; each circumstance must be proved and the chain must be consistent only with guilt.

Hostile witness: the court may permit the party calling a witness to cross-examine the witness with leave under Section 154 Evidence Act (Section 148 BSA) if the witness turns hostile.

The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam received assent on 25 December 2023 and came into force on 1 July 2024, replacing the IPC, CrPC and Evidence Act.

The Constitution (106th Amendment) Act, 2023 provides one-third reservation for women in the Lok Sabha, State Legislative Assemblies and the Legislative Assembly of Delhi.

The Supreme Court in In Re: Manoj Tibrewal Akash (2024) laid down guidelines on the use of social media by judges and judicial officers.

The Bharatiya Nyaya Sanhita retains the death penalty for murder and adds offences such as organised crime, terrorism and mob lynching; sedition is replaced by Section 152 BNS.

The Supreme Court's 2024 decision in the Electoral Bonds case struck down the electoral bond scheme as violative of the right to information under Article 19(1)(a).

The Mediation Act, 2023 provides for pre-litigation mediation and the establishment of the Mediation Council of India.

The Digital Personal Data Protection Act, 2023 regulates the processing of digital personal data and establishes the Data Protection Board of India.

The Supreme Court in 2023-2024 expanded the scope of Article 21 to include the right to be free from the adverse effects of climate change, as recognised in M.K. Ranjitsinh v. Union of India.

Judicial officers must remain courteous, patient and impartial; discourtesy to counsel or litigants is a ground for disciplinary action under the relevant service rules.

A judge must not hear a case in which he or she has a personal, pecuniary or family interest; the test is whether a reasonable person would apprehend bias.

Judicial officers must maintain confidentiality of deliberations, avoid public comment on pending matters, and refrain from political activity.

A judge must decide cases on the record, not on personal knowledge; ex parte communications with parties must be avoided and disclosed if unavoidable.

Punctuality, control of the court diary, and timely delivery of judgments are part of judicial discipline; unexplained delay in judgment delivery is a ground for adverse remarks.

A judicial officer must respect the dignity of the court and the Bar; the Bar-Bench relationship is a professional relationship, not a personal one.

A judge should not accept gifts or hospitality that could influence or appear to influence judicial conduct; the Judicial Officers' Protection Act, 1850 protects judges for acts done in good faith.

Answers at the viva must reflect knowledge of the Constitution, procedural law, and the role of the judiciary in a constitutional democracy, with reasoned and concise responses.

Section 89 CPC: the court may refer a dispute to arbitration, conciliation, judicial settlement including Lok Adalat, or mediation, where there is a possibility of settlement.

Section 80 CPC: a two-month notice is required before suing the Government or a public officer, except for urgent relief; the notice must state the cause of action and the relief sought.

Order X CPC: the court may examine the parties at the first hearing to ascertain the real points in controversy and may order the production of documents.

Section 24 CPC: the High Court or District Court may transfer a suit; Section 25 CPC allows the Supreme Court to transfer a case from one State to another.

Section 10 CPC: no court shall proceed with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties.

Section 151 CPC preserves the inherent power of the court to make orders necessary for the ends of justice; it cannot be used to override express provisions.

Section 148 CPC: the court may extend the time fixed for doing an act, but not where the act is to be done by a party under an order of the court and the time has expired.

Section 47 CPC: questions relating to the execution, discharge or satisfaction of a decree are determined by the executing court, not by a separate suit.

The Advocates Act, 1961 and the Bar Council of India Rules govern professional conduct; an advocate must not communicate with the opposite party directly in a pending matter.

An advocate must not appear for both parties in the same matter, and must not accept a brief where he or she has a conflict of interest or has previously advised the opposite party.

An advocate must maintain client confidentiality, keep accounts, and not charge fees contingent on the outcome of a case.

Contempt of court: civil contempt is wilful disobedience of an order; criminal contempt is scandalising the court or interfering with the administration of justice.

Section 2 of the Contempt of Courts Act, 1971 defines contempt; truth is a valid defence to contempt of court under Section 13 only if it is in the public interest and in good faith.

A judge may ask questions to clarify the evidence but must not descend into the arena and become an advocate for one party.

Court craft includes framing the order in clear language, recording the presence of parties, and ensuring that the order is signed and dated before it is pronounced.

A judicial officer should record the demeanour of witnesses where relevant, and should not use intemperate language against counsel or parties in orders.

Kesavananda Bharati v. State of Kerala (1973): Parliament cannot amend the basic structure of the Constitution; the judgment laid down the basic structure doctrine.

Maneka Gandhi v. Union of India (1978): Article 21 procedure must be just, fair and reasonable; Article 14, 19 and 21 are not mutually exclusive.

A.K. Gopalan v. State of Madras (1950) was overruled by Maneka Gandhi; preventive detention is now tested against the procedure established by law.

Vishaka v. State of Rajasthan (1997): guidelines on sexual harassment at the workplace, later codified by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

S.R. Bommai v. Union of India (1994): the floor test is the appropriate method to test majority; the President's satisfaction under Article 356 is subject to judicial review.

Puttaswamy v. Union of India (2017): privacy is a fundamental right under Article 21, subject to the tests of legality, necessity and proportionality.

Mohd. Ahmed Khan v. Shah Bano Begum (1985) and the subsequent Muslim Women (Protection of Rights on Divorce) Act, 1986 illustrate the interaction of personal law and the criminal procedure code.

Lalita Kumari v. Government of U.P. (2013): registration of an FIR is mandatory under Section 154 CrPC if the information discloses a cognizable offence, with limited exceptions for preliminary inquiry.

Section 9 CPC bars suits expressly or impliedly excluded from civil court jurisdiction; exclusion may be express or implied by the scheme of a special statute.

Section 15 CPC: a suit must be instituted in the court of the lowest grade competent to try it; Section 16 governs suits relating to immovable property.

Section 20 CPC: a suit may be instituted where the defendant resides, or where the cause of action arises, or where the defendant carries on business.

Section 21 CPC: an objection to territorial jurisdiction must be taken at the earliest opportunity and, in any event, before the settlement of issues; a decree passed without jurisdiction is a nullity.

Section 11 CPC res judicata bars a second suit on the same matter; Section 12 bars a suit against a person who was a party to a former suit in a representative capacity.

Order II Rule 2 CPC bars a second suit for a relief omitted from the first suit on the same cause of action, unless leave is obtained.

Section 5 of the Limitation Act applies to appeals and applications, not to suits; Section 14 excludes time spent in a bona fide proceeding in a court without jurisdiction.

Section 29(2) of the Limitation Act applies to special laws unless excluded; the period prescribed by a special law prevails over the general law.

Bail is the rule and jail the exception; the court must consider the nature of the offence, the antecedents of the accused, and the risk of flight or tampering with evidence.

Section 437 CrPC / Section 480 BNSS governs bail in non-bailable offences by a Magistrate; Section 439 CrPC / Section 483 BNSS governs bail by a Sessions Court or High Court.

Section 167 CrPC / Section 187 BNSS: the accused must be produced before a Magistrate within 24 hours of arrest, excluding the time of journey.

Section 50 CrPC / Section 47 BNSS: the arrested person must be informed of the grounds of arrest and the right to bail; Section 50A requires information to a nominated person.

Article 22(1) and (2) guarantee the right to be informed of the grounds of arrest, to consult a legal practitioner, and to be produced before a Magistrate within 24 hours.

D.K. Basu v. State of West Bengal (1997) laid down guidelines on arrest and detention, including the right to medical examination and the right to inform a friend or relative.

Habeas corpus lies against unlawful detention, whether by the State or a private person; the court examines the legality of the detention, not its merits.

Section 436A CrPC / Section 479 BNSS: an undertrial prisoner who has served half the maximum sentence may be released on personal bond, subject to exceptions for serious offences.

Certiorari lies to quash a decision of a judicial or quasi-judicial body for error of law apparent on the face of the record, excess of jurisdiction, or violation of natural justice.

Mandamus lies to compel a public authority to perform a public duty; it does not lie against a private person or to enforce a contractual obligation.

Prohibition lies to prevent a court or tribunal from exceeding its jurisdiction; quo warranto questions the authority of a person to hold a public office.

Article 226 confers discretionary jurisdiction; delay, laches, alternative remedy and disputed questions of fact are grounds for refusal, though none is an absolute bar.

The doctrine of legitimate expectation and the doctrine of proportionality are grounds of judicial review of administrative action.

A reasoned order is a requirement of administrative justice; the absence of reasons vitiates the order unless the reasons are apparent from the record.

Judicial review is concerned with the decision-making process, not the merits of the decision, except where the decision is manifestly arbitrary or violative of fundamental rights.

A writ petition is not a substitute for a civil suit where disputed questions of fact require evidence; the court may direct the petitioner to the civil court.

Section 118 Evidence Act (Section 124 BSA): a competent witness must understand the questions put to him and give rational answers; a child of tender years may testify if the court finds the child competent.

Section 162 CrPC / Section 180 BNSS bars the use of statements made to the police during investigation, except as provided; a witness may be contradicted under Section 145 Evidence Act with a previous statement.

Section 161 CrPC / Section 179 BNSS statements are not signed and cannot be used as substantive evidence; they may be used to contradict a witness under Section 145 Evidence Act.

Section 24 Evidence Act (Section 22 BSA): a confession caused by inducement, threat or promise is irrelevant; the test is whether the inducement was sufficient to give the accused grounds to believe that he would gain an advantage.

Section 30 Evidence Act (Section 24 BSA): a confession of one accused may be taken into consideration against a co-accused, but it is not substantive evidence and requires corroboration.

Section 113A Evidence Act (Section 118 BSA): presumption of abetment of suicide by a woman within seven years of marriage where cruelty is shown; Section 113B raises the dowry death presumption.

Section 114A Evidence Act (Section 119 BSA): presumption of absence of consent in rape cases where the woman states she did not consent.

Section 27 Evidence Act (Section 23(2) BSA) requires that the information be given by the accused in police custody and lead distinctly to the discovery of a fact.

Order VI Rule 17 CPC: amendment may be allowed at any stage if it is necessary for determining the real question in controversy and does not cause prejudice; after the trial begins, due diligence must be shown.

Order I Rule 10 CPC: the court may add or strike out parties whose presence is necessary for a complete and effectual adjudication.

Order XXII CPC: the suit abates if the right to sue does not survive the death of a party; the legal representatives must be brought on record within the time prescribed.

Order XXXVIII Rule 5 CPC: attachment before judgment requires the court to be satisfied that the defendant is about to dispose of property to defeat the decree.

Order XL Rule 1 CPC: a receiver may be appointed where it is just and convenient; the receiver is an officer of the court and is accountable to it.

Order XXXIX Rule 3 CPC: the court must direct the applicant to serve notice on the opposite party, except where delay would defeat the purpose of the injunction.

Order XLIII CPC: appeals lie from specified orders, including orders granting or refusing an injunction and orders returning a plaint.

Section 94 CPC: the court may grant a temporary injunction, appoint a receiver, or make other interlocutory orders to prevent the ends of justice from being defeated.

Sessions trial: the Sessions Court tries offences punishable with death or imprisonment for life; the trial follows the procedure in Sections 225-237 CrPC / Sections 248-260 BNSS.

Warrant case trial: the Magistrate frames a charge, records evidence, examines the accused under Section 313 CrPC / Section 351 BNSS, and delivers judgment.

Section 313 CrPC / Section 351 BNSS examination is not evidence; it is an opportunity for the accused to explain the circumstances appearing against him.

Section 235 CrPC / Section 248 BNSS: the court must acquit the accused if the charges are not proved beyond reasonable doubt; the benefit of doubt goes to the accused.

Section 386 CrPC / Section 415 BNSS: the appellate court may reverse, alter or remit the finding, or order a retrial; it must record reasons.

Section 374 CrPC / Section 403 BNSS: appeals lie to the Sessions Court or High Court from convictions; Section 375 bars appeals in petty cases.

Section 428 CrPC / Section 469 BNSS: the period of detention during investigation, inquiry or trial is set off against the sentence of imprisonment.

Section 389 CrPC / Section 430 BNSS: the appellate court may suspend the sentence and grant bail pending appeal, recording reasons.

Audi alteram partem: no one shall be condemned unheard; it is a principle of natural justice applicable to judicial and administrative proceedings.

Nemo judex in causa sua: no one shall be a judge in his own cause; the rule against bias includes personal, pecuniary and official bias.

Res ipsa loquitur: the thing speaks for itself; the doctrine shifts the burden of proof to the defendant where the accident is of a kind that ordinarily does not happen without negligence.

Volenti non fit injuria: a person who consents to the risk cannot complain of the resulting harm; it is a defence in tort.

Ignorantia juris non excusat: ignorance of law is no excuse, though ignorance of fact may be.

Actus non facit reum nisi mens sit rea: an act does not make a person guilty unless the mind is also guilty; mens rea is an essential ingredient of most offences.

Ubi jus ibi remedium: where there is a right, there is a remedy; it supports the grant of appropriate relief where a legal right is infringed.

Functus officio: a court or authority that has exercised its power cannot exercise it again in the same matter, except to correct clerical errors.

The Supreme Court's e-Courts project and the National Judicial Data Grid provide public access to case status and pendency data.

The Commercial Courts Act, 2015 provides for commercial courts and commercial divisions, with a threshold of Rs. 3 lakh for commercial disputes.

The Arbitration and Conciliation Act, 1996 was amended in 2015 and 2019 to provide for time-bound arbitration and institutional arbitration.

The Insolvency and Bankruptcy Code, 2016 provides a time-bound resolution process through the National Company Law Tribunal and the Insolvency and Bankruptcy Board of India.

The Protection of Children from Sexual Offences Act, 2012 provides for child-friendly procedures and special courts; the 2019 amendment enhanced penalties and introduced the death penalty for aggravated offences.

The Juvenile Justice Act, 2015 provides for children in conflict with law and children in need of care and protection; the Juvenile Justice Board conducts inquiries.

The Legal Services Authorities Act, 1987 provides for free legal aid and Lok Adalats; Section 89 CPC refers disputes to alternative dispute resolution.

The Right to Information Act, 2005 is a statutory right; the Supreme Court in 2019 held that the office of the Chief Justice of India is a public authority under the Act.

A decree is the formal expression of an adjudication that conclusively determines the rights of the parties; an order is the formal expression of any other decision of a court.

Order XX Rule 6 CPC: the decree must contain the number of the suit, the names of the parties, the particulars of the claim, the relief granted, and the costs.

Order XX Rule 7 CPC: the decree must bear the date of the judgment and must be signed by the judge; the decree is prepared after the judgment is pronounced.

Order XXI CPC governs execution; the executing court may attach and sell property, arrest the judgment-debtor, or appoint a receiver.

Section 47 CPC: the executing court decides questions relating to the execution, discharge or satisfaction of the decree; an appeal lies under Section 96 or Order XLIII.

Section 144 CPC: restitution is available where a decree is varied or reversed; the court may order the refund of costs and the restoration of property.

Order XLI CPC governs appeals; the memorandum of appeal must state the grounds and be accompanied by a copy of the judgment and decree.

Section 151 CPC preserves inherent powers; it cannot be used to review a judgment or to override a statutory provision.

Section 61-62 Evidence Act (Sections 56-57 BSA): the contents of a document may be proved by primary or secondary evidence; secondary evidence is admissible only in the circumstances listed in Section 65.

Section 65 Evidence Act (Section 57 BSA): secondary evidence is admissible where the original is in the possession of the opposite party, is lost, or is not easily movable.

Section 68 Evidence Act (Section 67 BSA): a document required by law to be attested must be proved by calling at least one attesting witness, if alive and subject to the process of the court.

Section 73 Evidence Act (Section 72 BSA): the court may compare a disputed writing with an admitted writing, and may take the opinion of an expert under Section 45.

Section 90 Evidence Act (Section 79 BSA): a document thirty years old, produced from proper custody, is presumed to be genuine and duly executed.

Section 101-104 Evidence Act (Sections 104-107 BSA): the burden of proof lies on the person who asserts a fact; the burden may shift during the trial.

Section 106 Evidence Act (Section 109 BSA): the burden of proving a fact especially within the knowledge of a person lies on that person.

Section 114 Evidence Act (Section 119 BSA): the court may presume that a thing or state of things once shown to exist continues to exist, and that official acts are regularly performed.

Article 12 defines the State to include the Government and Parliament of India, State Governments and Legislatures, local authorities and other authorities within India.

Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth; Article 15(3) permits special provisions for women and children.

Article 16 guarantees equality of opportunity in public employment; Article 16(4) permits reservation for backward classes not adequately represented.

Article 19 guarantees six freedoms, subject to reasonable restrictions; the test of reasonableness is whether the restriction is proportionate to the object sought.

Article 20 protects against ex post facto laws, double jeopardy and self-incrimination; Article 21 guarantees life and personal liberty.

Article 22 provides safeguards against arrest and detention, including the right to be informed of the grounds of arrest and to consult a legal practitioner.

Article 25-28 guarantee freedom of religion; the State may regulate secular activities associated with religion but cannot interfere with the essential tenets.

Article 226 and 32 are constitutional remedies; the Supreme Court in L. Chandra Kumar v. Union of India (1997) held that the power of judicial review under Articles 226 and 227 is part of the basic structure.

Section 76-79 IPC (Sections 17-20 BNS): acts done by a person bound by law, or by mistake of fact in good faith, are not offences; mistake of law is no defence.

Section 80 IPC (Section 21 BNS): an act done by accident or misfortune without criminal intention or knowledge is not an offence.

Section 84 IPC (Section 22 BNS): an act done by a person of unsound mind who is incapable of knowing the nature of the act or that it is wrong is not an offence.

Section 85-86 IPC (Sections 23-24 BNS): acts done under intoxication, voluntarily caused, are not excused; intoxication involuntarily caused may be a defence.

Section 96-106 IPC (Sections 34-44 BNS): the right of private defence extends to the harm necessary to repel the attack; it does not extend to causing more harm than necessary.

Section 299-304 IPC (Sections 100-105 BNS): culpable homicide requires the intention of causing death or bodily injury likely to cause death, or knowledge that the act is likely to cause death.

Section 378 IPC (Section 303 BNS): theft requires dishonest intention to take movable property out of the possession of another without consent.

Section 415 IPC (Section 318 BNS): cheating requires deception, dishonest inducement and delivery of property; the intention to deceive must exist at the time of the act.

Section 5 Evidence Act (Section 3 BSA): evidence may be given of facts in issue and relevant facts only; irrelevant evidence is inadmissible.

Section 6 Evidence Act (Section 5 BSA): facts forming part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.

Section 8 Evidence Act (Section 7 BSA): motive, preparation and previous or subsequent conduct are relevant facts.

Section 9 Evidence Act (Section 8 BSA): facts necessary to explain or introduce a relevant fact, including identification of a person or thing, are relevant.

Section 32 Evidence Act (Section 26 BSA): statements of a dying person are relevant as to the cause of death; the statement must relate to the cause of death or the circumstances of the transaction.

Section 45 Evidence Act (Section 39 BSA): expert opinion is relevant on points of foreign law, science, art, handwriting and finger impressions.

Section 52 Evidence Act (Section 46 BSA): evidence of a previous bad character is inadmissible in civil cases except where character is in issue; in criminal cases, evidence of good character is relevant.

Section 54 Evidence Act (Section 48 BSA): evidence of the previous bad character of the accused is inadmissible except in reply to evidence of good character.

Article 58 of the Limitation Act: a suit for a declaration of right or status must be filed within three years from the date the right to sue first accrues.

Article 65 of the Limitation Act: a suit for possession of immovable property based on title must be filed within twelve years from the date the defendant's possession becomes adverse.

Article 113 of the Limitation Act: the residuary period is three years from the date the right to sue accrues for suits not otherwise provided for.

Section 27 of the Limitation Act: the right to property is extinguished on the expiry of the period for filing a suit for possession.

Order VII Rule 6 CPC: where the suit is founded on a document, the plaint must state the date and other particulars of the document, and the relief claimed.

Order VII Rule 14 CPC: the plaintiff must produce the documents on which the claim is founded with the plaint, and may produce other documents with leave.

Order VIII Rule 1 CPC: the written statement must be filed within 30 days, extendable to 90 days; the court may allow a later filing on payment of costs in exceptional cases.

Order IX CPC: the court may dismiss the suit for default or proceed ex parte; Order IX Rule 13 allows an application to set aside an ex parte decree.

The standard of proof in a criminal trial is beyond reasonable doubt; in a civil trial it is the preponderance of probabilities.

The testimony of a single witness, if found reliable, is sufficient to convict; corroboration is required only where the court finds the witness interested or unreliable.

The court must evaluate the evidence of a related or interested witness with caution and look for corroboration from independent sources.

In cases of circumstantial evidence, the court must consider the totality of the circumstances and exclude every hypothesis of innocence.

The court must consider the defence version and the evidence led by the defence; the burden on the prosecution never shifts.

The court may draw adverse inference under Section 114(g) Evidence Act where evidence in the possession of a party is withheld.

The court must record reasons for its findings; an unreasoned order is liable to be set aside in appeal or revision.

The court must apply the law as it stands on the date of the decision, unless a vested right has accrued under the earlier law.

The court must ensure that the accused is informed of the charges and given a fair opportunity to defend, including access to legal aid under Section 304 CrPC / Section 341 BNSS.

The court must ensure that witnesses are examined in the presence of the accused and that the accused is given an opportunity to cross-examine.

The court must maintain a record of the proceedings, including the demeanour of witnesses and the reasons for adjournments.

The court must avoid unnecessary adjournments; Section 309 CrPC / Section 346 BNSS requires the trial to proceed on a day-to-day basis.

The court must dispose of bail applications expeditiously and record reasons for granting or refusing bail.

The court must ensure that the victim is heard at the appropriate stage, as required by Section 372 CrPC / Section 405 BNSS and the victim compensation scheme under Section 357A.

The court must follow the guidelines on the recording of evidence through video conferencing and the use of electronic records, as laid down by the Supreme Court.

The court must maintain judicial decorum and avoid remarks that undermine the dignity of the parties or the Bar.

A writ petition under Article 226 must be filed in the High Court having territorial jurisdiction over the cause of action or the authority against whom the relief is sought.

The High Court may issue a writ to any person or authority within its territorial jurisdiction, even if the authority is located outside the State, if the cause of action arises within the State.

An alternative remedy is not an absolute bar to a writ petition; the court may entertain the petition where there is a violation of fundamental rights or a lack of jurisdiction.

The doctrine of pleasure under Article 310 is subject to Article 311; a civil servant cannot be dismissed without an inquiry and a reasonable opportunity.

The Administrative Tribunals Act, 1985 provides for adjudication of service disputes by the Central and State Administrative Tribunals; their decisions are subject to judicial review under Articles 226 and 227.

The court may quash an administrative order that is arbitrary, discriminatory or violative of the principles of natural justice.

The doctrine of proportionality requires that the administrative action be proportionate to the object sought and not excessive.

The court may award compensation for violation of fundamental rights in a writ petition, as recognised in Rudul Sah v. State of Bihar (1983).

The literal rule of interpretation gives effect to the ordinary meaning of the words used; the golden rule modifies the literal meaning to avoid absurdity.

The mischief rule, laid down in Heydon's case (1584), interprets a statute by considering the defect it was intended to remedy.

The purposive approach considers the object and purpose of the statute, especially where the language is ambiguous.

Expressio unius est exclusio alterius: the express mention of one thing excludes others; it is a rule of construction, not a rigid formula.

Noscitur a sociis: the meaning of a word is known from the words associated with it; ejusdem generis limits general words to things of the same kind as those specifically mentioned.

The maxim actus curiae neminem gravabit: an act of the court shall prejudice no one; it supports the grant of relief where delay is caused by the court.

The maxim lex non cogit ad impossibilia: the law does not compel a person to do what is impossible.

The maxim ubi jus ibi remedium: where there is a right, there is a remedy; it supports the grant of appropriate relief for infringement of a legal right.

A test identification parade is not substantive evidence; it corroborates the identification of the accused in court and is conducted during the investigation.

The absence of a test identification parade does not vitiate the trial if the witness identifies the accused in court and the identification is found reliable.

The identification parade must be conducted by a Magistrate, with the accused's consent, and the witnesses must not see the accused before the parade.

A dying declaration must be recorded in the words of the declarant, and the court must be satisfied that the declarant was in a fit state of mind.

A dying declaration recorded by a Magistrate carries great weight, but it is not necessary that it be recorded by a Magistrate; any person can record it if the declarant is fit.

Multiple dying declarations: the court must consider the consistency and the circumstances in which each was recorded; the latest declaration is not always the most reliable.

A dying declaration can be the sole basis of conviction if the court finds it truthful and voluntary.

The court must scrutinise the dying declaration for completeness, coherence and the possibility of tutoring.

Section 96 CPC: an appeal lies from every decree passed by a court exercising original jurisdiction, except where the decree is passed by consent or is a decree of a Court of Small Causes.

Section 100 CPC: a second appeal lies to the High Court where the case involves a substantial question of law; the appeal must be admitted on that question.

Section 104 CPC: an appeal lies from orders specified in Order XLIII; other orders are not appealable unless expressly provided.

Section 114 CPC read with Order XLVII Rule 1: review is available where there is a discovery of new and important matter or evidence, a mistake or error apparent on the face of the record, or any other sufficient reason.

Section 115 CPC: revision lies to the High Court where the subordinate court has exercised jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity.

Section 151 CPC preserves inherent powers to make orders necessary for the ends of justice; it cannot be used to review a judgment or to override a statutory provision.

Order XLI Rule 22 CPC: the respondent may support the decree on any ground decided against him without filing a cross-objection.

Section 13 CPC: a foreign judgment is conclusive except where it was pronounced by a court without jurisdiction, or on the merits, or where it is contrary to natural justice or public policy.

Section 375 IPC (Section 63 BNS) defines rape; the 2013 amendment introduced aggravated offences and the death penalty for repeat offenders.

Section 376 IPC (Section 64 BNS) provides punishment for rape; the minimum sentence is ten years, extendable to life.

Section 376A IPC (Section 66 BNS) provides for punishment where the offence results in death or a persistent vegetative state.

Section 354 IPC (Section 74 BNS) criminalises assault or criminal force on a woman with intent to outrage her modesty.

Section 354A IPC (Section 75 BNS) criminalises sexual harassment; Section 354D IPC (Section 78 BNS) criminalises stalking.

Section 498A IPC (Section 85 BNS) criminalises cruelty by a husband or his relatives; the offence is cognizable and non-bailable.

Section 304B IPC (Section 80 BNS) criminalises dowry death; the presumption under Section 113B Evidence Act applies where the death occurs within seven years of marriage.

POCSO Act, 2012 provides for child-friendly procedures and special courts; the 2019 amendment enhanced penalties and introduced the death penalty for aggravated offences.

Section 4 Evidence Act (Section 4 BSA): a presumption may be conclusive, rebuttable or may call for the court to presume a fact unless disproved.

Section 79 Evidence Act (Section 78 BSA): the court shall presume the genuineness of a document certified by a public officer or a certified copy of a public document.

Section 80 Evidence Act (Section 79 BSA): the court shall presume the genuineness of a document produced as a record of evidence or a certified copy of a public document.

Section 81 Evidence Act (Section 80 BSA): the court shall presume the genuineness of a gazette, a newspaper, or a document purporting to be a copy of a statute.

Section 82 Evidence Act (Section 81 BSA): the court shall presume the genuineness of a document purporting to be a record of a court or a certified copy.

Section 83 Evidence Act (Section 82 BSA): the court shall presume the genuineness of a map or plan made by a public authority.

Section 88 Evidence Act (Section 87 BSA): the court may presume the genuineness of a document called for and not produced by the party in whose possession it is.

Section 139 Evidence Act (Section 142 BSA): a witness may be cross-examined as to previous statements made by him in writing without the writing being shown to him, but the writing may be used to contradict him under Section 145.

Section 135 Evidence Act (Section 139 BSA): the examination of a witness includes examination-in-chief, cross-examination and re-examination.

Section 137 Evidence Act (Section 140 BSA): examination-in-chief is conducted by the party calling the witness; cross-examination by the opposite party; re-examination by the party calling the witness.

Section 138 Evidence Act (Section 141 BSA): a witness may be cross-examined on matters relevant to the case, including matters affecting his credit.

Section 141 Evidence Act (Section 142 BSA): leading questions may be asked in cross-examination, but not in examination-in-chief except with the permission of the court.

Section 142 Evidence Act (Section 143 BSA): the court may permit a party to put leading questions in examination-in-chief on matters that are introductory or undisputed.

Section 145 Evidence Act (Section 148 BSA): a witness may be contradicted by his previous statement in writing; the statement must be relevant and the witness must be given an opportunity to explain.

Section 146 Evidence Act (Section 145 BSA): the cross-examiner may ask questions tending to impeach the credit of the witness, including questions about his character.

Section 148 Evidence Act (Section 147 BSA): the court may prohibit indecent or scandalous questions; Section 149 prohibits questions intended to insult or annoy.

Section 79 CPC: a suit by or against the Government must be instituted in the name of the Union of India or the State, as the case may be.

Section 80 CPC: a two-month notice is required before suing the Government or a public officer; the notice must state the cause of action and the relief sought.

Section 80(2) CPC: the court may grant urgent relief without notice where the suit is for a declaration or an injunction and the delay would defeat the purpose.

Section 81 CPC: a suit against the Government must be instituted in a court within the local limits of whose jurisdiction the cause of action arises.

Order XXVII CPC: the Government pleader represents the Government in civil suits; the court may require the Government to be joined as a party where its interest is affected.

Order XXX CPC: a suit may be brought by or against a firm in the name of the firm; the partners are jointly and severally liable.

Order XXXI CPC: a suit may be brought by or against a trustee, executor or administrator in his representative capacity.

Section 141 CPC: the procedure in a suit applies to proceedings in a court of civil jurisdiction, including execution proceedings.

The Bharatiya Nyaya Sanhita, 2023 replaces the Indian Penal Code, 1860; it contains 358 sections and introduces community service as a punishment for certain offences.

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the Code of Criminal Procedure, 1973; it provides for electronic summons, video conferencing and time-bound investigation.

The Bharatiya Sakshya Adhiniyam, 2023 replaces the Indian Evidence Act, 1872; it recognises electronic records and provides for the admissibility of digital evidence.

The Supreme Court's 2024 decision in the electoral bonds case struck down the scheme as violative of the right to information under Article 19(1)(a).

The Supreme Court in In Re: Manoj Tibrewal Akash (2024) laid down guidelines on the use of social media by judges and judicial officers.

The Mediation Act, 2023 provides for pre-litigation mediation and the establishment of the Mediation Council of India.

The Digital Personal Data Protection Act, 2023 regulates the processing of digital personal data and establishes the Data Protection Board of India.

The Constitution (106th Amendment) Act, 2023 provides one-third reservation for women in the Lok Sabha, State Legislative Assemblies and the Legislative Assembly of Delhi.

A judicial officer must be courteous, patient and impartial; discourtesy to counsel or litigants is a ground for disciplinary action.

A judge must not hear a case in which he or she has a personal, pecuniary or family interest; the test is whether a reasonable person would apprehend bias.

A judge must decide cases on the record, not on personal knowledge; ex parte communications with parties must be avoided.

Punctuality, control of the court diary, and timely delivery of judgments are part of judicial discipline.

A judicial officer must maintain confidentiality of deliberations and avoid public comment on pending matters.

A judge should not accept gifts or hospitality that could influence or appear to influence judicial conduct.

Answers at the viva must reflect knowledge of the Constitution, procedural law, and the role of the judiciary in a constitutional democracy.

A judicial officer must respect the dignity of the court and the Bar; the Bar-Bench relationship is a professional relationship, not a personal one.