Legal Glossary
Indian law terms explained in plain language
A
Acquittal
Acquittal is a court judgment declaring the accused not guilty of the charges, thereby freeing them from criminal liability for the alleged offence.
Criminal LawActus Reus
Actus reus is the physical act or unlawful omission that constitutes the external element of a crime, which must be proven alongside the mental element (mens rea) to establish criminal liability.
Criminal LawAdjournment
An adjournment is the postponement of a court hearing or proceeding to a future date, granted by the court either on its own motion or at the request of one or both parties.
Civil ProcedureAffidavit
An affidavit is a written statement of facts made voluntarily and confirmed by oath or affirmation before a person authorized to administer oaths, used as evidence in legal proceedings.
Civil ProcedureAnticipatory Bail
Anticipatory bail is a direction by the court to release a person on bail even before they are arrested, granted when they have reason to believe they may be arrested for a non-bailable offence.
Criminal LawAppeal
An appeal is a legal proceeding in which a party aggrieved by the decision of a lower court requests a higher court to review and reverse, modify, or uphold that decision.
Civil ProcedureArbitration
Arbitration is a method of alternative dispute resolution where parties agree to have their dispute decided by a private tribunal (arbitrator) instead of going to court.
Corporate LawB
Bail Bond
A bail bond is a written undertaking, with or without sureties, executed by or on behalf of an accused person, guaranteeing their appearance before the court on specified dates in exchange for their release from custody.
Criminal LawBailable Offence
A bailable offence is an offence where the accused person has a right to be released on bail, and the police or court must grant bail upon the accused furnishing a bail bond.
Criminal LawBurden of Proof
Burden of proof is the obligation placed on a party in legal proceedings to prove the facts necessary to establish their claim or defence, governed by Sections 101-104 of the Indian Evidence Act.
Evidence LawC
Caveat
A caveat is a formal notice filed by a person in court requesting that no order be passed in a matter affecting their interests without first giving them an opportunity to be heard.
Civil ProcedureChargesheet
A chargesheet is the final report filed by the police before a Magistrate after completing the investigation of a criminal case, detailing the evidence collected and the conclusions reached.
Criminal LawCircumstantial Evidence
Circumstantial evidence is indirect evidence that requires the court to draw inferences from a chain of proven facts to establish the guilt or innocence of the accused, rather than directly proving the fact in issue.
Evidence LawCognizable Offence
A cognizable offence is an offence in which a police officer can arrest the accused without a warrant and begin investigation without prior permission from a magistrate.
Criminal LawCompromise Decree
A compromise decree is a court decree passed on the basis of a lawful agreement or settlement reached between the parties to a suit, recorded and made enforceable by the court under Order 23 Rule 3 of the CPC.
Civil ProcedureContempt of Court
Contempt of court is any act or omission that disrespects, disobeys, or undermines the authority, dignity, or functioning of a court, punishable under the Contempt of Courts Act, 1971.
Constitutional LawConviction
Conviction is a formal judgment by a criminal court declaring the accused guilty of the offence charged and imposing a sentence or punishment as prescribed by law.
Criminal LawCoparcenary
A coparcenary is a narrower body within a Hindu Joint Family, consisting of members who acquire a right by birth in the joint family property and can demand partition.
Property LawD
Decree
A decree is the formal expression of an adjudication by a civil court which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.
Civil ProcedureDying Declaration
A dying declaration is a statement made by a person who is about to die or who has died, concerning the cause of their death or the circumstances of the transaction resulting in their death, admissible as evidence under Section 32(1) of the Indian Evidence Act.
Evidence LawE
Encumbrance Certificate
An Encumbrance Certificate (EC) is an official document issued by the Sub-Registrar's office that confirms whether a particular property is free from any legal or monetary liabilities such as mortgages, liens, or pending litigation.
Property LawEstoppel
Estoppel is a legal principle that prevents a person from denying or going back on a representation of fact they previously made, when another person has relied on that representation and acted upon it to their detriment.
Evidence LawExecution of Decree
Execution of decree is the legal process by which a court enforces its decree, compelling the judgment debtor to comply with the court's decision by delivering property, paying money, or performing the required act.
Civil ProcedureF
FIR (First Information Report)
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence, marking the first step in the criminal investigation process.
Criminal LawForce Majeure
Force majeure refers to extraordinary and unforeseeable events beyond the control of contracting parties — such as natural disasters, wars, or pandemics — that make performance of a contract impossible, connected to the doctrine of frustration under Section 56 of the Indian Contract Act, 1872.
Contract LawG
Garnishee Order
A garnishee order is a court order directing a third party (the garnishee) who owes money to a judgment debtor, or holds money on their behalf, to pay that money directly to the judgment creditor to satisfy a court decree.
Civil LawGuarantee
A guarantee is a contract in which a person (the surety) promises a creditor to perform the obligation or discharge the liability of a third person (the principal debtor) in case of their default, governed by Sections 126-147 of the Indian Contract Act, 1872.
Contract LawH
Habeas Corpus
Habeas corpus is a constitutional writ that directs a person detaining another to produce the detained person before the court and justify the lawfulness of their detention.
Constitutional LawHiba
Hiba is a gift under Muslim law — a voluntary transfer of property by one person to another without any consideration, requiring declaration by the donor, acceptance by the donee, and delivery of possession.
Muslim Personal LawI
Iddat
Iddat is the mandatory waiting period that a Muslim woman must observe after the dissolution of her marriage by divorce or the death of her husband, during which she cannot remarry.
Muslim Personal LawIndemnity
Indemnity is a contractual promise by one party to compensate another for any loss or damage suffered, governed by Sections 124 and 125 of the Indian Contract Act, 1872.
Contract LawInjunction
An injunction is a court order that directs a party to do or refrain from doing a specific act, used to preserve rights and prevent irreparable harm during or after litigation.
Civil ProcedureInter Alia
Inter alia is a Latin phrase meaning 'among other things,' commonly used in legal documents, court orders, and judgments to indicate that the items mentioned are part of a larger list that is not exhaustive.
Legal MaximsIntestate Succession
Intestate succession is the legal process by which a deceased person's property is distributed among their heirs when they die without leaving a valid will.
Property LawL
Limitation Period
The limitation period is the maximum time allowed by law within which a person must file a lawsuit or legal proceedings, after which the right to sue is extinguished.
Civil ProcedureLis Pendens
Lis pendens is the legal doctrine that during the pendency of a lawsuit concerning a property, no party to the suit can transfer or deal with that property in a way that would affect the rights of the other party.
Property LawLocus Standi
Locus standi is the legal right or standing to bring an action before a court — a person must demonstrate sufficient connection to and harm from the matter in dispute to be entitled to initiate legal proceedings.
Legal MaximsM
Maintenance
Maintenance is the legal right of a wife, children, or parents to receive financial support from a person who is legally obligated to provide for them.
Family LawMehr (Dower)
Mehr, also known as dower or mahr, is the amount of money, property, or valuables that a Muslim husband is legally obligated to pay to his wife as part of the marriage contract.
Muslim Personal LawMens Rea
Mens rea is a Latin term meaning 'guilty mind,' referring to the mental element or criminal intent required to establish criminal liability — the prosecution must prove that the accused had a culpable state of mind when committing the offence.
Criminal LawMukhtarnama
A mukhtarnama is a legal document under Muslim law that authorizes one person to act on behalf of another in legal, financial, or personal matters — similar to a power of attorney.
Muslim Personal LawN
Natural Justice
Natural justice refers to the fundamental principles of fairness — primarily the right to a fair hearing (audi alteram partem) and the rule against bias (nemo judex in causa sua) — that must be followed by courts, tribunals, and administrative authorities when making decisions affecting a person's rights.
Administrative LawNikah
Nikah is the formal marriage contract under Muslim personal law, constituting a civil contract between a man and a woman that creates mutual rights and obligations including mehr (dower) for the wife.
Muslim Personal LawNon-Bailable Offence
A non-bailable offence is a serious criminal offence where bail is not a matter of right and can only be granted at the discretion of the court.
Criminal LawNon-Cognizable Offence
A non-cognizable offence is a relatively less serious offence where the police cannot arrest the accused without a warrant or investigate without the permission of a magistrate.
Criminal LawNovation
Novation is the substitution of an existing contract with a new one, either by replacing the terms, the parties, or both, with the mutual consent of all parties involved, governed by Section 62 of the Indian Contract Act, 1872.
Contract LawO
Obiter Dictum
Obiter dictum (plural: obiter dicta) is a Latin term meaning 'said in passing' — it refers to an incidental remark or observation made by a judge in a judgment that is not essential to the decision and is not legally binding, though it may be persuasive.
Legal MaximsOrder
An order is the formal expression of any decision of a civil court which is not a decree, typically dealing with procedural or interlocutory matters during the course of a suit.
Civil ProcedureP
Parole
Parole is the temporary release of a prisoner from jail before the completion of their sentence, granted on specific conditions and for a limited period under state prison rules.
Criminal LawPerjury
Perjury is the criminal offence of intentionally giving false evidence or making a false statement under oath in a judicial proceeding, punishable under Sections 191-193 of the IPC (Sections 229-232 of the BNS).
Criminal LawPlaint
A plaint is the written statement filed by the plaintiff in a civil court to initiate a suit, setting out the facts of the case, the cause of action, and the relief sought.
Civil ProcedurePlea Bargaining
Plea bargaining is a legal process under Chapter XXIA of the Code of Criminal Procedure where an accused person negotiates with the prosecution to plead guilty to a lesser charge or for a reduced sentence, thereby avoiding a full trial.
Criminal LawPower of Attorney
A power of attorney is a legal document by which one person (the principal) authorizes another person (the agent or attorney) to act on their behalf in specified legal, financial, or personal matters.
Property LawPrima Facie
Prima facie is a Latin legal term meaning 'on the face of it' or 'at first sight,' referring to evidence or a case that appears sufficient to establish a fact or raise a presumption unless rebutted by contrary evidence.
Legal MaximsProbation
Probation is the release of a convicted offender by the court without imposing a sentence of imprisonment, subject to conditions of good behaviour and supervision, as provided under the Probation of Offenders Act, 1958.
Criminal LawR
Ratio Decidendi
Ratio decidendi is the legal principle or reasoning that forms the basis of a court's decision and serves as a binding precedent for future cases involving similar facts and legal questions.
Legal TheoryRemand
Remand is the judicial order by a Magistrate sending an accused person to police custody or judicial custody during the investigation of a criminal case, governed by Section 167 CrPC.
Criminal LawRes Judicata
Res judicata is the legal doctrine that a matter which has been adjudicated by a competent court on merits cannot be re-litigated between the same parties, preventing endless litigation over the same issue.
Civil LawReview
A review is a legal remedy through which the same court that passed a decree or order re-examines its own decision to correct an error apparent on the face of the record, consider newly discovered evidence, or address any other sufficient reason.
Civil ProcedureRevision
Revision is a supervisory jurisdiction exercised by the High Court to examine the legality and correctness of orders passed by subordinate courts where no appeal lies, ensuring they act within the bounds of their authority.
Civil ProcedureS
Specific Performance
Specific performance is an equitable remedy where the court orders a party to a contract to actually perform their obligations under the contract, rather than merely paying damages for breach.
Civil ProcedureStamp Duty
Stamp duty is a tax levied by the government on legal documents — especially those related to property transactions — to make them legally valid and admissible as evidence in court.
Property LawStare Decisis
Stare decisis is a Latin legal doctrine meaning 'to stand by things decided,' which requires courts to follow the legal principles established in previous decisions of higher or coordinate courts when deciding similar cases.
Legal MaximsStay Order
A stay order is a court directive that temporarily suspends or halts the execution of a decree, order, or legal proceeding, maintaining the status quo until the court decides the matter further.
Civil ProcedureSummons
A summons is a formal court order requiring a person to appear before the court on a specified date and time, or directing a party to respond to a legal proceeding initiated against them.
Civil ProcedureSuo Motu
Suo motu (also spelled suo moto) is a Latin term meaning 'on its own motion,' referring to a court taking cognizance of a matter and initiating proceedings without any petition or complaint being filed by a party.
Legal MaximsW
Wakf
A wakf is the permanent dedication of property by a Muslim for religious, charitable, or pious purposes, where the ownership is transferred to God and the property can never be sold, gifted, or inherited.
Muslim Personal LawWarrant
A warrant is a written order issued by a court or magistrate authorizing law enforcement to carry out a specific action, such as arresting a person, searching a premises, or seizing property.
Criminal LawWrit
A writ is a formal written order issued by a High Court or the Supreme Court of India directing a government authority, body, or person to perform or refrain from performing a specific act, serving as a constitutional remedy for enforcement of fundamental rights.
Constitutional LawWritten Statement
A written statement is the formal reply filed by the defendant in a civil suit in response to the plaintiff's plaint, addressing each allegation and presenting the defence.
Civil Procedure75 legal terms defined