Punjab PCS-J key terms

Instigating, conspiring with, or intentionally aiding another person to commit an offence. Under the Bharatiya Nyaya Sanhita it creates separate liability even if the principal offence is never completed.

Where several persons share a common design and act together, each becomes liable for the criminal act done in furtherance of that shared purpose. It differs from common object because it requires a prior meeting of minds.

Liability arising when five or more persons form an unlawful assembly and an offence is committed in prosecution of its common object. Membership of the assembly plus knowledge of the object can attract constructive liability.

An assembly of five or more persons whose common object falls within the purposes declared unlawful, such as using criminal force or resisting law. Mere presence with knowledge of the object can suffice for membership.

An agreement between two or more persons to do an unlawful act, or a lawful act by unlawful means. The agreement itself is punishable, and overt acts are evidence rather than an essential ingredient.

The guilty mental state required for most serious offences, such as intention, knowledge or rashness. Indian penal law generally presumes it unless a provision expressly imposes strict liability.

The prohibited physical conduct or consequence that, combined with the required mental state, constitutes an offence. It covers acts, omissions where a legal duty exists, and resulting harm.

The link between an accused's conduct and the forbidden consequence. Courts ask whether the act was a substantial cause, applying tests of proximity and foreseeability rather than mere chronological sequence.

A justification allowing reasonable force to repel an unlawful attack on person or property. The right is protective, not punitive, and the force used must be proportionate to the apprehended harm.

A defence excusing an act done to avoid a greater harm, where the actor had no reasonable alternative. Indian law does not extend the excuse to intentional killing however grave the threatened evil.

The rule that a child below the specified minimum age cannot commit an offence. Above that age but below full capacity, liability depends on proof of maturity of understanding.

The stage at which the court records the precise accusation the accused must answer, after deciding that a prima facie case exists. A defective charge may be curable unless it caused prejudice.

An order relieving an accused of the case where the material on record does not disclose sufficient ground to proceed. It is passed before framing of charge and is distinct from acquittal.

Release of an accused from custody pending trial or appeal, usually on conditions and sometimes with sureties. Courts balance personal liberty against risk of flight, tampering and further offending.

Pre-arrest protection granted to a person apprehending arrest in a non-bailable offence. It typically operates for a limited period, with the accused expected to surrender and seek regular bail.

The statutory right to release where investigation is not completed and a charge sheet not filed within the prescribed period. The right flows from the lapse of time, not from judicial discretion.

The final report a police officer files before the magistrate on completion of investigation, setting out the offence, evidence and accused. It may be a closure report or a report for trial.

A judicial finding at the conclusion of trial that the prosecution has not proved the offence beyond reasonable doubt. It is a verdict on merits, unlike discharge, which ends proceedings earlier.

The principle that an accused is entitled to acquittal where the prosecution evidence leaves a reasonable doubt about guilt. Doubt must be real and substantial, not fanciful or conjectural.

The obligation of a party to establish a fact to the required standard. In criminal trials it rests on the prosecution, while statutory presumptions may shift the evidential burden to the accused.

A rule permitting a court to infer a fact from proved foundational facts. Presumptions may be permissive or mandatory, and some reverse the normal burden in specified offences.

Proof built from a chain of circumstances rather than direct testimony. Conviction requires the circumstances to be fully established, consistent only with guilt, and inconsistent with innocence.

A statement by a person about the cause of death or circumstances of the fatal attack. It is admissible despite being hearsay, but courts scrutinise it for consistency and reliability.

An out-of-court assertion offered to prove the truth of its content, generally inadmissible because the maker cannot be cross-examined. Numerous statutory and common-law exceptions exist.

Questioning of a witness by the opposing party, aimed at testing accuracy, credibility and bias. Leading questions are permitted, and the right is central to fair trial.

A witness who resiles from or contradicts an earlier statement, allowing the party calling them to seek the court's permission to cross-examine. Their evidence is not automatically discarded.

The bar on re-litigating a matter already finally decided between the same parties by a competent court. It protects certainty and prevents multiplicity of proceedings.

A stay of a later suit where the same matter is already pending before a competent court between the same parties. It operates before judgment, unlike res judicata which follows a decision.

A rule deeming a matter that ought to have been raised in an earlier suit as barred in a later one. It compels a party to bring all grounds and claims in one proceeding.

The legal capacity of a person to bring an action because they have a sufficient interest in the subject matter. Absence of standing makes the suit or petition not maintainable.

The bundle of facts that, if proved, entitles the plaintiff to relief. It determines jurisdiction, joinder of parties and whether a plaint discloses a triable claim.

The pleading by which a plaintiff institutes a civil suit, stating facts, cause of action and relief claimed. Its rejection or amendment is governed by specific procedural provisions.

The defendant's pleading responding to the plaint, admitting, denying or explaining the allegations. Failure to deny a specific averment may amount to admission.

The stage where the court identifies the points of real dispute between the parties on which evidence will be led. Issues guide the trial and shape the final judgment.

A temporary order restraining a party from doing an act pending final decision, granted to preserve the status quo. Courts apply tests of prima facie case, irreparable injury and balance of convenience.

A discretionary test weighing which party would suffer greater harm if interim relief is granted or refused. It supplements the prima facie case and irreparable injury requirements.

The existing state of affairs that an interim order may require to be maintained pending trial. Courts assume jurisdiction to pass such orders to prevent frustration of the final decree.