Professional Documents
Culture Documents
Basic Legal Terms
Basic Legal Terms
1. Accident: a sudden event occurring without intent or volition whether through negligence,
carelessness, unawareness, ignorance, or a combination of causes and producing an unfortunate
result; an Unexpected happening causing loss or injury which it is not due to the fault of the
person (Sec. 80) IPC,
2. Accused: a person becomes an accused immediately after he has been arrested by the
police for an offence which forms the subject matter of investigation by them.
3. Act of God: an accident that occurs due to the operation of natural forces, which no
human foresight could provide against.
5. Affidavit: A written statement under an oath, which is sworn to by the person making it,
as true.
6. Agreement: every promise and every set of promises, forming the consideration for
each other. is an agreement section 2(e), Indian Contract Act.
8. Anticipatory Bail, under Section 438 of the Cr.P.C., means that a person who apprehends
arrest on a wrong accusation of committing a non-bailable offence, can apply before a
competent court for a direction to police to immediately release such a person on bail in the
event of arrest. However, the grant of anticipatory bail is discretionary and dependant on the
nature and gravity of accusations, the antecedents of the applicant and the possibility of the
applicant fleeing from justice.
10. Bail: temporary release from imprisonment on furnishing surety or security to appear for
trial the surety so given (section 205 IPC),
11. Bail Bond: a bond given by a Prisoner and his surety to ensure the appearance of the
former in the court on a fixed day or when called upon (section 436 to CRPC ).
13. Bailable Offence: This means an offence, which has been categorized as bailable, and
in case of such offence, bail can be claimed, subject to fulfillment of certain conditions, as a
matter of right under Section 436 of the Cr.P.C. In the case of bailable offences, the Police are
authorised to give bail to the accused at the time of arrest or detention.
14. Bailment: when goods are left by one person with another to hold in accordance with
instructions.
15. Bigamy: entering into a marriage with one person while still legally married to another.
16. Charge sheet: it is the process in which the officer in charge of the police station for
Lock-up enters the accusation or charges again person brought there in custody whether arrested
with or without a warrant.
19. Conviction: conviction is the act of a court awarding a person guilty of a criminal offence
and awarding a punishment.
21. Contract: a legally binding agreement between two parties; an agreement enforceable
by law section 2(h), Indian Contract Act.
22. Covenant: an agreement written between two persons, whereby one is enjoying to do or
not to do something.
26. Estoppels: a rule of evidence preventing a person from denying the truth of a statement
which he has made previously by which he has led another to believe and act upon.
27. Exhibit: anything exhibited; any document which in the course of a judicial proceeding
is produced and put in court to form part of the record and to give information to arrive at a
decision
34. Hostile witness: the witness who makes statements adverse to the party calling and
examining him.
37. Libel: a defamatory statement especially in writing but it includes also pictures,
signs, or electronic broadcast.
38. Non-Cognizable Offence: this is an offence where the police have no legal authority to
arrest the accused person without a warrant from the court
39. Non-bailable Offence, means an offence in which the bail cannot be granted as a matter of
right, except on the orders of a competent court. In such cases, the accused can apply for the
grant of bail under Section 437 and 439 of the Cr.P.C. It is important to note that the grant of
bail in a non-bailable offence is subject to the judicial discretion of the Court, and it has been
mandated by the Supreme Court of India that “Bail, not Jail” should be the governing and
guiding principles.
41. Post mortem: an examination of the dead body to ascertain the actual cause of death.