Law (Substantive and Procedural) for UP PCS-J
The Law paper carries the most weight and decides selection. It spans substantive law - Indian Penal Code/BNS, Indian Contract Act, Transfer of Property Act, family law, and the UP land statutes - and procedural law - CPC, CrPC/BNSS and the Evidence Act/BSA.
Substantive anchors
- Contract: offer, acceptance, consideration (s.2(d), s.25), free consent, void and voidable agreements.
- TPA: s.54 sale, s.58 species of mortgage, s.106 lease notice, s.53A part performance.
- UP statutes: UP Zamindari Abolition and Land Reforms Act 1950 (s.143, s.229B, s.331), UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 (s.20(4) deposit of rent, s.21 release).
Procedural anchors
- CPC: s.9 jurisdiction, s.11 res judicata, Order VII Rule 11 rejection of plaint, Order XXXIX temporary injunction.
- Evidence: s.101–104 burden of proof, s.65B electronic evidence.
Worked example
A cheque for ₹2,00,000 is dishonoured for insufficient funds on 3 March. The holder sends notice on 20 March; it is served on 25 March. The drawer does not pay. What is the deadline for the complaint?
Under s.138 read with s.142 NI Act, notice must be issued within 30 days of receiving intimation of dishonour - 3 March plus 30 days is 2 April, so 20 March is timely. The drawer then gets 15 days from service, i.e. until 9 April. The cause of action arises on the 16th day, and the complaint must be filed within one month thereafter, roughly by 9 May.
Traps
- The BNS, BNSS and BSA replaced the IPC, CrPC and Evidence Act from 1 July 2024. Be ready to map old section numbers to new ones.
- Running the s.138 limitation from the date of dishonour instead of from service of notice.
- Mixing rejection of plaint (Order VII Rule 11) with return of plaint (Order VII Rule 10).