Professional Knowledge: Civil, Criminal and Procedural Law
Scope
Civil, Criminal and Procedural Law tests the Code of Civil Procedure, 1908, the criminal procedure framework, and basic principles of civil and criminal liability. With the 2023 criminal-law reforms, the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam replace the IPC, CrPC and Evidence Act; exams may refer to either the old or new names.
Core rules
- Civil suits begin with a plaint; the defendant files a written statement. A decree is the formal adjudication; execution enforces it.
- Res judicata bars a second suit on the same matter between the same parties after a final decision.
- Criminal cases begin with an FIR for cognizable offences; police investigate and file a charge sheet. Non-cognizable offences require magistrates' permission.
- Bail, charge, trial and appeal follow statutory stages. The standard of proof in criminal cases is beyond reasonable doubt; in civil cases it is preponderance of probabilities.
Worked example
A sues B for breach of contract and loses. A later files a fresh suit on the same contract against B. The second suit is barred by res judicata because the matter was finally decided by a competent court between the same parties.
Traps
Confusing civil and criminal standards of proof; treating an FIR as a charge sheet; and using old Code section numbers without checking which statute the question uses.