Legal Terminologies

Bill : A 'bill ' can be considered as initial stage of an act. Bill is a proposal to make a
new law. Usually, bill is in the form of a document that summaries what is the policy
behind the proposed law and what is to be the proposed law.

• A Bill can be introduced by government itself or proposed by a member of the Parliament

.The Bill is placed in the lower house of the parliament and after discussions once it has
been passed, the Bill goes to the Upper house for approval. Once the bill gets passed by
the upper House it is sent to the President for his assent.

• Finally a bill becomes a law (Act) of the land once it has been passed by the parliament
and also got assent from the President.

• A bill is a proposed law under contradiction by legislature. A bill does not become law
until it is passed by the legislature and in most cases approved by the executive.

• There is a proper procedure to pass a bill that may include:

1. Introducing the bill ,

2. Passing bill (Loksabha first then Rajysabha)

3. President Assent

Bill can be of three types ordinary bill , money bill and interim bill.

Act :An act is a bill presented on the state legislature of parliament of India passed by
both houses of state legislature and sent for assent of the state on president.

Once the Bill has been passed by the legislature, it is send to the President or the Governor, as
the case may be for the approval. By receiving his assent, it becomes an Act. An Act is a law
which is made by the legislature like Parliament or State Legislative Assembly.

Ordinance : Ordinances are temporary laws that are circulated by the President of
India on the recommendation of the Union Cabinet. They can only be delivered when the
Parliament is not in session. They enable the Indian government to take immediate legislative
action.

• At times, when the legislature of the Union is not in session and there is a need to make a
legislation (Act) in emergency. In such cases, the government refers a proposal to the
 President or Governor, and if they approve of them, it becomes an Ordinance. Legally, an
ordinance is the equal to Act. It can be seen as a temporary law till its expiry or till it is
repealed or it is approved by the legislature.

Regulation : It is essentially a law but it draws its life not from decision of a legislative
assembly directly but indirectly. A regulation is often passed by the executive branch of
government.

Statute : To give legal form to an act, within form of law.

• It is a formal written enactment of a legislature, authority and governs a state or city .

They are referred to as legislation of a black letter law. Before a statue becomes a law ,it
must be agreed by the highest executive and government and finally published as a part
of code.

Code: A code is systematically arranged comprehensive collection of laws. In other word, It is a

collection of laws and regulation, pertaining to a specific activity or subject. Example-

• Civil procedure code

• Criminal procedure code

Norm: They are of two types:

• Social Norm:

• Legal Norm

Sometimes social norm may become legal norm

Social Norm

• A model or standard accepted by society or other larger group against which society
judges someone on something for example, standard for wrong or right behavior of a
group.

• In other words it is an informal guideline what is considered normal social behavior of a

group.

• It is an informal guideline what is considered normal social behavior in a particular group

or social unit. Norms form a basis of collective expectations that the member of a
community have from each other and play an important role in social control and social
order by exerting a pressure on individual to conform.
 Legal Norm

• Hans Kelsen theory on Norms explains that norm is ought proposition where X (
Violation/Crime ) happens then Y (Punishment) ought to happen.

• There is a basic difference between social norm and legal norm on the basis of origin.
The social norms originate from the society where as the legal norm originates from
legislature or judiciary

Conventions:

Conventions may be defined with two perspectives:

International Convention: A convention is a meeting on assembly of people who share a

common interest, it is a method, practice, rule, or custom in other words. It is a assembly often
held periodically by members or delegates as often as political, social, professional or religious
group. Example, The Human Rights Commission produced two major documents: the
International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR). Both became international law in 1976.
Together with the Universal Declaration of Human Rights, these two covenants comprise what is
known as the “International Bill of Human Rights.”

Constitutional Convention: The constitutional Convention are those which are not written but as
a tradition followed

Affidavit: It is a written sworn statement of fact voluntary made by a deponent under an oath or
affirmation administered by a person authorized to do so by law. Such statements witnessed as to
the authenticity of affiliate’s signature by a taker of oath such as notary public. Affidavit may be
written in the first or third person depending on who drafted the document.

Accused: A person charged with committing a crime on the charges of an offence are put on
and his verdict has to be decided by the court.

Acquittal: In the common law an acquittal formally certifies that the accused is free from
charges of an offence as far as the criminal law is concerned.

Bail: Traditionally bail is some form of property deposited on pledge to a court to persuader it to
release a suspect from jail on the understanding that the subject will return for trial of forfeit
the bail.

• The release of a person held in legal custody while awaiting trial or appealing against a
criminal conviction. A condition may be posed on a person released on bail by police. A
person is guaranteed bail that he/she pays a specified amount of money as instructed by
the judge.
 • Often the court also requires guaranteers to undertake; to produce, to forfeit this sum
fixed the court.

• In some cases judges have discretionary power to grant a bail person or not.

Conviction: A formal declaration by the verdict of jury on the decision of the judge in a court of
law that someone is guilty of criminal offence . In law conviction is the verdict that results
when a court of law finds defendant guilty of crime.

Plaintiff: The one who files a case against a person . In every legal action whether civil or
criminal there are two sides. The person suing is the plaintiff and the person against whom the
suit is brought in the defendant .In some instances there may be more than one plaintiff or
defendant.

• The party who initiates a law out by filing a complaint against the defendant demanding
damages or court determination of rights.

• As a rule especially in criminal law plaintiff have to proof that defendant is guilty.

• Usually in criminal cases plaintiff is state and defendant is any private party.

Defendant: A defendant is a person or an entity accused of a crime in criminal case on a person

or entity against whom some type of civil belief is been sought in civil case

Evidence: Any party to prove its side needs evidence.

• A set of things helpful informing a conclusion or judgment. Something indicative or

indication or set of indication.

• Evidence broadly considered as anything presented in support of an assertion .This

support may be strong or weak. Some of the examples of evidence are circumstantial
evidence, evidence like oral testimony and document, physical evidence eye witness etc.

Prosecution: It is an institution and conducting legal proceeding against someone in respect of

criminal charges. In other words it’s a legal proceeding in which the person accused of criminal
offence is tried in court by the government appointed called district attorney or public
prosecutor.

Prima Facie: It’s a latin expression which means first impression or literal translation would be
at first face or at first appearance.

• Example Sushil Kumar is a Prima Facie (the main conspirator) therefore Delhi High
Court rejected his anticipatory bail
Subjudice: It means that a particular case or matter is under trial or being considered by a judge
court. The term may be used synonymous with the present case or the case at bar by some layer
under judicial consideration and therefore prohibited from public discussion elsewhere.

• According to black law subjudice means before the court or judge for determination at
bar.

• A case which is under judicial consideration. A case which is already going on court than
cannot be appealed in any other court .