Law Section Explainers
Important sections from Indian laws explained in plain language with case law analysis
Constitutional Law
Article 136 — Special Leave to Appeal to the Supreme Court
Comprehensive explanation of Article 136 of the Indian Constitution covering the Supreme Court's power to grant special leave to appeal against any judgment, decree, or order of any court or tribunal in India.
Article 14 — Right to Equality
Comprehensive explanation of Article 14 of the Indian Constitution guaranteeing equality before law and equal protection of laws, including the doctrine of reasonable classification and its evolution.
Article 141 — Law Declared by the Supreme Court Binding on All Courts
Comprehensive explanation of Article 141 of the Indian Constitution establishing that the law declared by the Supreme Court is binding on all courts within the territory of India.
Article 19 — Freedom of Speech and Expression (Six Freedoms)
Detailed explanation of Article 19 of the Indian Constitution covering the six fundamental freedoms guaranteed to citizens, reasonable restrictions, and the balance between liberty and public interest.
Article 21 — Right to Life and Personal Liberty
Comprehensive explanation of Article 21 of the Indian Constitution guaranteeing the right to life and personal liberty, its expansive interpretation, and the rights derived from it.
Article 226 — High Court Writ Jurisdiction
Detailed explanation of Article 226 of the Indian Constitution empowering High Courts to issue writs for enforcement of fundamental rights and other legal rights.
Article 32 — Right to Constitutional Remedies
Comprehensive guide to Article 32 of the Indian Constitution — the right to move the Supreme Court for enforcement of fundamental rights through writ jurisdiction.
Civil Procedure
Section 11 CPC — Res Judicata
Comprehensive explanation of Section 11 of the Code of Civil Procedure, 1908 on the doctrine of res judicata — how a matter once decided by a competent court cannot be re-litigated between the same parties.
Section 151 CPC — Inherent Powers of the Court
Detailed explanation of Section 151 of the Code of Civil Procedure, 1908 covering the inherent powers of civil courts, their scope, limitations, and practical applications.
Section 9 CPC — Courts to Try All Civil Suits
Detailed explanation of Section 9 of the Code of Civil Procedure, 1908 which establishes that civil courts have jurisdiction to try all civil suits unless expressly or impliedly barred.
IPC vs BNS
Section 120B IPC vs Section 61 BNS — Criminal Conspiracy
Comprehensive comparison of Section 120B IPC and Section 61 BNS covering criminal conspiracy, its definition, punishment, key ingredients, distinction from common intention and abetment, landmark judgments, and practical implications.
Now: BNS 2023 Section 61
Section 299 IPC vs Section 100 BNS — Culpable Homicide (Definition)
Comprehensive comparison of Section 299 IPC and Section 100 BNS covering the definition of culpable homicide, its key ingredients, distinction from murder, landmark judgments, and practical implications.
Now: BNS 2023 Section 100
Section 302 IPC vs Section 101 BNS — Murder
Comprehensive comparison of Section 302 IPC and Section 101 BNS covering the offence of murder, its punishment, key ingredients, landmark judgments, and practical implications under the new criminal law regime.
Now: BNS 2023 Section 101
Section 304 IPC vs Section 105 BNS — Culpable Homicide Not Amounting to Murder
Detailed comparison of Section 304 IPC and Section 105 BNS covering culpable homicide not amounting to murder, its punishment, ingredients, key judgments, and practical implications.
Now: BNS 2023 Section 105
Section 304A IPC vs Section 106 BNS — Death by Negligence
Comprehensive comparison of Section 304A IPC and Section 106 BNS covering death caused by negligence, the new hit-and-run provision, punishment changes, key judgments, and practical implications.
Now: BNS 2023 Section 106
Section 304B IPC vs Section 80 BNS — Dowry Death
Comprehensive comparison of Section 304B IPC and Section 80 BNS covering dowry death, its punishment, key ingredients, presumption under law, landmark judgments, and practical implications.
Now: BNS 2023 Section 80
Section 306 IPC vs Section 108 BNS — Abetment of Suicide
Comprehensive comparison of Section 306 IPC and Section 108 BNS covering abetment of suicide, its punishment, ingredients, landmark judgments, and practical implications under the new criminal law.
Now: BNS 2023 Section 108
Section 307 IPC vs Section 109 BNS — Attempt to Murder
Comprehensive comparison of Section 307 IPC and Section 109 BNS covering attempt to murder, its punishment, key ingredients, landmark judgments, and practical implications under the new criminal law.
Now: BNS 2023 Section 109
Section 323 IPC vs Section 115 BNS — Voluntarily Causing Hurt
Comprehensive comparison of Section 323 IPC and Section 115 BNS covering voluntarily causing hurt, its punishment, key ingredients, introduction of community service, landmark judgments, and practical implications.
Now: BNS 2023 Section 115
Section 34 IPC vs Section 3(5) BNS — Common Intention
Comprehensive comparison of Section 34 IPC and Section 3(5) BNS covering common intention in criminal acts, its application, key ingredients, distinction from common object, landmark judgments, and practical implications.
Now: BNS 2023 Section 3(5)
Section 354 IPC vs Section 74 BNS — Assault or Criminal Force on Woman with Intent to Outrage Modesty
Comprehensive comparison of Section 354 IPC and Section 74 BNS covering assault on women with intent to outrage modesty, punishment, key ingredients, landmark judgments, and practical implications.
Now: BNS 2023 Section 74
Section 376 IPC vs Section 63 BNS — Rape
Comprehensive comparison of Section 376 IPC and Section 63 BNS covering the offence of rape, punishment, key ingredients, aggravated forms, landmark judgments, and practical implications under new criminal law.
Now: BNS 2023 Section 63
Section 379 IPC vs Section 303 BNS — Theft
Comprehensive comparison of Section 379 IPC and Section 303 BNS covering the offence of theft, its punishment, key ingredients, landmark judgments, and practical implications under new criminal law.
Now: BNS 2023 Section 303
Section 380 IPC vs Section 305 BNS — Theft in Dwelling House
Comprehensive comparison of Section 380 IPC and Section 305 BNS covering theft in a dwelling house, building, tent, or vessel, its enhanced punishment, key ingredients, landmark judgments, and practical implications.
Now: BNS 2023 Section 305
Section 384 IPC vs Section 308 BNS — Extortion
Comprehensive comparison of Section 384 IPC and Section 308 BNS covering the offence of extortion, its punishment, key ingredients, distinction from robbery and theft, landmark judgments, and practical implications.
Now: BNS 2023 Section 308
Section 392 IPC vs Section 309 BNS — Robbery
Comprehensive comparison of Section 392 IPC and Section 309 BNS covering the offence of robbery, its punishment, key ingredients, distinction from theft and extortion, landmark judgments, and practical implications.
Now: BNS 2023 Section 309
Section 395 IPC vs Section 310 BNS — Dacoity
Comprehensive comparison of Section 395 IPC and Section 310 BNS covering the offence of dacoity (gang robbery), its punishment, key ingredients, distinction from robbery, landmark judgments, and practical implications.
Now: BNS 2023 Section 310
Section 406 IPC vs Section 316 BNS — Criminal Breach of Trust
Comprehensive comparison of Section 406 IPC and Section 316 BNS covering criminal breach of trust, its punishment, key ingredients, distinction from cheating and theft, landmark judgments, and practical implications.
Now: BNS 2023 Section 316
Section 415 IPC vs Section 318 BNS — Cheating
Comprehensive comparison of Section 415 IPC and Section 318 BNS covering the offence of cheating, its definition, punishment, key ingredients, distinction from criminal breach of trust, landmark judgments, and practical implications.
Now: BNS 2023 Section 318
Section 420 IPC vs Section 318 BNS — Cheating and Dishonestly Inducing Delivery of Property
Comprehensive comparison of Section 420 IPC and its corresponding BNS provision covering cheating and dishonestly inducing delivery of property, punishment, key ingredients, landmark judgments, and practical implications.
Now: BNS 2023 Section 318
Section 498A IPC vs Section 85 BNS — Cruelty by Husband or Relatives
Comprehensive comparison of Section 498A IPC and Section 85 BNS covering cruelty by husband or his relatives, punishment, key ingredients, misuse concerns, landmark judgments, and practical implications.
Now: BNS 2023 Section 85
Section 499 IPC vs Section 356 BNS — Defamation
Comprehensive comparison of Section 499 IPC and Section 356 BNS covering defamation, its definition, exceptions, punishment, key ingredients, landmark judgments, and practical implications.
Now: BNS 2023 Section 356
Section 504 IPC vs Section 351 BNS — Intentional Insult with Intent to Provoke Breach of Peace
Comprehensive comparison of Section 504 IPC and Section 351 BNS covering intentional insult with intent to provoke breach of peace, punishment, key ingredients, landmark judgments, and practical implications.
Now: BNS 2023 Section 351
Section 506 IPC vs Section 351(3) BNS — Criminal Intimidation
Comprehensive comparison of Section 506 IPC and Section 351(3) BNS covering criminal intimidation, its punishment, key ingredients, distinction from extortion, landmark judgments, and practical implications.
Now: BNS 2023 Section 351(3)
Section 509 IPC vs Section 79 BNS — Word, Gesture, or Act Intended to Insult the Modesty of a Woman
Comprehensive comparison of Section 509 IPC and Section 79 BNS covering word, gesture, or act intended to insult the modesty of a woman, punishment, key ingredients, landmark judgments, and practical implications.
Now: BNS 2023 Section 79
Family Law
Section 125 CrPC / Section 144 BNSS — Maintenance of Wives, Children, and Parents
Comprehensive guide to Section 125 of the Code of Criminal Procedure (now Section 144 BNSS) covering maintenance obligations towards wives, children, and parents, eligibility criteria, quantum determination, and enforcement mechanisms.
Now: Bharatiya Nagarik Suraksha Sanhita, 2023 144
Section 13 HMA — Grounds for Divorce
Comprehensive explanation of Section 13 of the Hindu Marriage Act, 1955 covering all grounds for divorce available to Hindu spouses, including adultery, cruelty, desertion, and special grounds available to wives.
Section 24 HMA — Maintenance Pendente Lite and Expenses of Proceedings
Detailed explanation of Section 24 of the Hindu Marriage Act, 1955 covering maintenance pendente lite (during the pendency of proceedings) and litigation expenses that may be awarded to either spouse.
Section 5 HMA — Conditions for a Valid Hindu Marriage
Detailed explanation of Section 5 of the Hindu Marriage Act, 1955 covering the essential conditions that must be fulfilled for a valid Hindu marriage, including age, consent, prohibited relationships, and sapinda restrictions.
Property Law
Section 17 Registration Act — Documents Requiring Compulsory Registration
Comprehensive explanation of Section 17 of the Indian Registration Act, 1908 covering documents that must be compulsorily registered, including instruments of sale, gift, mortgage, and lease of immovable property.
Section 52 TPA — Doctrine of Lis Pendens
Comprehensive explanation of Section 52 of the Transfer of Property Act, 1882 on the doctrine of lis pendens — the rule that property involved in pending litigation cannot be transferred so as to affect the rights of the other party.
Section 54 TPA — Sale of Immovable Property
Comprehensive explanation of Section 54 of the Transfer of Property Act, 1882 defining 'sale' of immovable property, requirements for valid transfer, distinction between sale and agreement to sell, and registration requirements.
Section 58 TPA — Mortgage Defined and Types of Mortgages
Comprehensive explanation of Section 58 of the Transfer of Property Act, 1882 defining mortgage and its six types — simple mortgage, mortgage by conditional sale, usufructuary mortgage, English mortgage, mortgage by deposit of title deeds, and anomalous mortgage.
Arbitration Law
Section 34 Arbitration Act — Setting Aside Arbitral Awards
Comprehensive guide to Section 34 of the Arbitration and Conciliation Act, 1996 on challenging and setting aside arbitral awards, covering grounds, procedure, time limits, and judicial approach.
Section 7 Arbitration Act — Arbitration Agreement
Comprehensive explanation of Section 7 of the Arbitration and Conciliation Act, 1996 defining an arbitration agreement, its essential requirements, forms, and the significance of a valid agreement for invoking arbitration.
50 section explainers