Glossary of legal terms and maxims
199 legal terms and 61 Latin maxims, explained for judiciary aspirants. Each entry quotes the definition from the Act that gives it, links the section in the Bare Acts library, names the judgments that apply it and says what examiners ask.
New terms are added every week.
A
- Ab initioLegal maximsFrom the beginning. A transaction void ab initio has no legal effect from the outset, unlike one that is voidable and valid until avoided.
- Abandoned childSpecial Criminal LawsA child deserted by his biological or adoptive parents or guardians who has been declared abandoned by the Child Welfare Committee after due inquiry (Section 2(1) of the JJ Act, 2015).
- Actio personalis moritur cum personaLegal maximsA personal right of action dies with the person. In India it survives only in limited form, mainly for defamation, assault and personal injuries not causing death.
- Actionable claimTransfer of Property ActA claim to an unsecured debt, or to a beneficial interest in movable property not in the claimant's possession, which the civil courts recognise as affording grounds for relief.
- Actori incumbit onus probandiLegal maximsThe burden of proving a fact lies on the party who asserts it and seeks judgment on it. Reflected in Sections 104 and 105 of the BSA.
- Actus non facit reum nisi mens sit reaLegal maximsThe act alone does not make a person guilty; criminal liability ordinarily requires a guilty act (actus reus) accompanied by a guilty mind (mens rea).
- Actus reusLegal maximsThe physical or external element of a crime: the conduct (act or illegal omission), with its circumstances and consequences, that the law forbids.
- AdministratorFamily LawA person appointed by competent authority to administer the estate of a deceased person when there is no executor. Section 2(a) of the Indian Succession Act, 1925.
- AdoptionHindu LawThe process by which a child is permanently separated from the biological parents and becomes the lawful child of the adoptive parents. Section 2(2), JJ Act; for Hindus, the HAMA, 1956.
- AdvocateProfessional Ethics & BCI RulesAn advocate entered in any roll under the provisions of the Advocates Act, 1961 (Section 2(1)(a)). Advocates are the only class of persons entitled to practise law.
- AgentContract LawA person employed to do any act for another, or to represent another in dealings with third persons; the person represented is the principal. Section 182 of the Indian Contract Act, 1872.
- Aggrieved personFamily LawUnder Section 2(a) of the Domestic Violence Act, 2005, any woman who is, or has been, in a domestic relationship with the respondent and alleges that the respondent subjected her to domestic violence.
- AgreementContract LawUnder Section 2(e) of the Contract Act, every promise and every set of promises forming the consideration for each other. An agreement enforceable by law is a contract.
- AlibiLegal maximsA defence plea that the accused was at another place when the offence was committed, so that he could not have committed it. Relevant under Section 9 of the BSA; the burden is on the accused.
- Amicus curiaeLegal maximsA friend of the court: a person, usually a senior advocate, whom the court asks to assist it on a question of law or fact, without representing any party.
- Arbitral awardArbitration and Conciliation Act, 1996The decision of an arbitral tribunal on the dispute referred to it, including an interim award (Section 2(1)(c) of the Arbitration and Conciliation Act, 1996).
- Arbitral tribunalArbitration and Conciliation Act, 1996A sole arbitrator or a panel of arbitrators (Section 2(1)(d) of the Arbitration and Conciliation Act, 1996). It decides the dispute and may rule on its own jurisdiction.
- Arbitration agreementArbitration and Conciliation Act, 1996An agreement by the parties to submit to arbitration all or certain disputes, present or future, arising out of a defined legal relationship (Section 7 of the Arbitration and Conciliation Act, 1996).
- Attached to the earthTransfer of Property ActRooted in the earth, imbedded in the earth, or attached to what is so imbedded for its permanent beneficial enjoyment. Section 3 of the TPA.
- Audi alteram partemLegal maximsA rule of natural justice that no one should be condemned unheard: a person affected by a decision must have notice of the case and a fair chance to answer it.
- Audio-video electronic meansBharatiya Nagarik Suraksha SanhitaUse of any communication device for video conferencing, for recording identification, search and seizure or evidence, and for electronic communication, as defined in Section 2(1)(a) of the BNSS.
- Autrefois acquitLegal maximsA plea that the accused has already been tried by a competent court and acquitted of the same offence, so he cannot be tried again for it (Section 337, BNSS).
B
- BailBharatiya Nagarik Suraksha SanhitaRelease of a person accused or suspected of an offence from the custody of law, on conditions imposed by an officer or Court, after he executes a bond or a bail bond. Defined in Section 2(1)(b) of the BNSS.
- Bail bondBharatiya Nagarik Suraksha SanhitaAn undertaking for release with surety. Section 2(1)(d) of the BNSS; contrasted with a 'bond', which is a personal bond or undertaking for release without surety.
- Bailable offenceBharatiya Nagarik Suraksha SanhitaAn offence shown as bailable in the First Schedule to the BNSS, or made bailable by any other law. A person accused of it is entitled to release on bail as of right.
- BailmentContract LawThe delivery of goods by one person to another for some purpose, on a contract that they will be returned or disposed of as the deliverer directs once the purpose is accomplished (Section 148 of the Contract Act).
- Bill of exchangeNegotiable Instruments Act, 1881An instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of, a certain person or to the bearer (Section 5, NI Act).
- Bona fideLegal maximsIn good faith; genuine and honest, without fraud or deceit. Its opposite is mala fide. Statutes give good faith their own definitions.
- BuyerPartnership and Sale of Goods ActsA person who buys or agrees to buy goods. Section 2(1) of the Sale of Goods Act, 1930; the buyer of immovable property has rights and duties under Section 55 of the TPA.
C
- Caveat emptorLegal maximsLet the buyer beware. A buyer must satisfy himself about the quality and fitness of what he buys, since the seller gives no implied assurance except as the law provides.
- CertiorariLegal maximsA writ by which a superior court calls up the record of an inferior court, tribunal or authority and quashes a decision made without jurisdiction, against natural justice, or with an error of law apparent on the record.
- ChargeBharatiya Nagarik Suraksha SanhitaThe formal written statement of the offence an accused is to be tried for, with particulars of time, place, person and manner, so that he knows exactly what case he must meet.
- ChequeNegotiable Instruments Act, 1881A bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand, including the electronic image of a truncated cheque and a cheque in electronic form. Section 6 of the NI Act.
- ChildBharatiya Nyaya SanhitaUnder Section 2(3) of the BNS a child is any person below eighteen years of age. Special statutes use the same age with small variations, and child marriage law sets twenty one for males.
- Child in conflict with lawSpecial Criminal LawsUnder Section 2(13) of the JJ Act, 2015, a child alleged or found to have committed an offence who had not completed eighteen years on the date of the offence.
- Child marriageFamily LawUnder Section 2(b) of the Prohibition of Child Marriage Act, 2006, a marriage to which either contracting party is a child, that is, a male under 21 or a female under 18.
- Civil contemptConstitutional LawWilful disobedience to any judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court. Section 2(b) of the Contempt of Courts Act, 1971.
- CodicilFamily LawAn instrument made in relation to a will, explaining, altering or adding to its dispositions, and deemed to form part of the will (Section 2(b) of the Indian Succession Act, 1925).
- CoercionContract LawCommitting or threatening any act forbidden by the penal code, or unlawfully detaining or threatening to detain property, to anyone's prejudice, with intent to make a person enter into an agreement (Section 15, Contract Act).
- Cognizable offenceBharatiya Nagarik Suraksha SanhitaAn offence for which a police officer may arrest without warrant, in accordance with the First Schedule to the BNSS or any other law in force.
- Commercial disputeCivil Procedure CodeA dispute arising out of any of the transactions listed in Section 2(1)(c) of the Commercial Courts Act, 2015, such as mercantile documents, construction contracts, IP rights and sale of goods.
- Community serviceBharatiya Nyaya SanhitaUnpaid work that a Court orders a convict to perform, as a form of punishment that benefits the community. It is a new punishment under Section 4(f) of the BNS.
- ComplaintBharatiya Nagarik Suraksha SanhitaUnder Section 2(1)(h) of the BNSS, an oral or written allegation to a Magistrate, made so that he acts under the Sanhita, that some person, known or unknown, has committed an offence. A police report is excluded.
- Computer resourceCyber LawComputer, computer system, computer network, data, computer data base or software (Section 2(1)(k) of the Information Technology Act, 2000). It is the widest of the Act's technology terms.
- Conclusive proofBharatiya Sakshya AdhiniyamWhere the Adhiniyam declares one fact to be conclusive proof of another, the Court, on proof of the first, must treat the other as proved and cannot allow evidence to disprove it. Section 2(1)(b) of the BSA.
- Consensus ad idemLegal maximsThe parties must agree upon the same thing in the same sense. Without such identity of minds there is no consent and no valid agreement (Section 13, Contract Act).
- ConsiderationContract LawAn act, abstinence or promise done or made at the desire of the promisor by the promisee or any other person, which is the price for the promise (Section 2(d) of the Contract Act).
- ConsumerConsumer Protection Act, 2019Under Section 2(7) of the Consumer Protection Act, 2019, a person who buys goods or hires or avails of services for consideration, including approved users and beneficiaries, but not for resale or commercial purpose.
- Contingent contractContract LawA contract to do or not to do something if some event, collateral to such contract, does or does not happen. Section 31 of the Indian Contract Act, 1872.
- ContractContract LawUnder Section 2(h) of the Contract Act, an agreement enforceable by law. Section 10 lists what makes an agreement a contract.
- Contract of guaranteeContract LawUnder Section 126 of the Contract Act, a contract to perform the promise, or discharge the liability, of a third person in case of his default. It may be oral or written.
- Contract of indemnityContract LawUnder Section 124 of the Contract Act, a contract by which one party promises to save the other from loss caused by the conduct of the promisor or of any other person.
- Corporate debtorInsolvency and Bankruptcy CodeUnder Section 3(8) of the Insolvency and Bankruptcy Code, 2016, a corporate person who owes a debt to any person.
- Corpus delictiLegal maximsThe substance of an offence: proof that the crime charged was in fact committed by someone. In homicide it is often equated with the dead body, but its recovery is not essential to a conviction.
- CounterfeitBharatiya Nyaya SanhitaTo counterfeit is to cause one thing to resemble another, intending by that resemblance to practise deception or knowing deception to be likely (Section 2(4) of the BNS). The imitation need not be exact.
- CourtBharatiya Sakshya AdhiniyamUnder the BNS, a Judge or body of Judges empowered to act judicially, when so acting (Section 2(5)); under the BSA, all Judges, Magistrates and persons, except arbitrators, legally authorised to take evidence (Section 2(1)(a)).
- Criminal contemptConstitutional LawPublication or act that scandalises or lowers the authority of a court, interferes with a judicial proceeding, or obstructs the administration of justice. Section 2(c), Contempt of Courts Act, 1971.
- CrueltyBharatiya Nyaya SanhitaFor Section 85 of the BNS, cruelty means wilful conduct likely to drive a woman to suicide or gravely endanger her life, limb or health, or harassment to coerce her or her relatives to meet an unlawful demand.
D
- Damnum sine injuriaLegal maximsActual loss or harm caused without the violation of any legal right gives no cause of action in tort.
- Data FiduciaryCyber LawUnder Section 2(i) of the DPDP Act, 2023, any person who alone or with others determines the purpose and means of processing personal data. It bears primary responsibility for compliance.
- Data PrincipalCyber LawUnder Section 2(j) of the DPDP Act, 2023, the individual to whom personal data relates, including the parents or lawful guardian of a child and the lawful guardian of a person with disability.
- De minimis non curat lexLegal maximsThe law does not take notice of trifles. In criminal law it is embodied in Section 33 of the BNS, which excuses acts causing harm so slight that no ordinary person would complain.
- DebentureCompany LawAn instrument of a company evidencing a debt, including debenture stock and bonds, whether or not it creates a charge on the company's assets. Section 2(30) of the Companies Act, 2013.
- Deceitful meansBharatiya Nyaya SanhitaUnder the Explanation to Section 69 of the BNS, includes inducement for, or false promise of, employment or promotion, or marrying by suppressing identity.
- DecreeCivil Procedure CodeThe formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
- Decree-holderCivil Procedure CodeAny person in whose favour a decree has been passed or an order capable of execution has been made (Section 2(3) of the CPC).
- DefectConsumer Protection Act, 2019Under Section 2(10) of the Consumer Protection Act, 2019, any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard of goods required by law, contract or the trader's claim.
- DeficiencyConsumer Protection Act, 2019Any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance of a service, including negligence and deliberate withholding of relevant information (Section 2(11) CPA 2019).
- Delegatus non potest delegareLegal maximsA person to whom a power or duty has been delegated must exercise it himself and cannot pass it on to another, unless the authority conferring it permits sub-delegation.
- DeliveryPartnership and Sale of Goods ActsUnder Section 2(2) of the Sale of Goods Act, 1930, the voluntary transfer of possession from one person to another. It may be actual, symbolic or constructive.
- Digital signatureCyber LawAuthentication of an electronic record by a subscriber by means of an electronic method or procedure in accordance with Section 3 of the Information Technology Act, 2000.
- DishonestlyBharatiya Nyaya SanhitaDoing anything with the intention of causing wrongful gain to one person or wrongful loss to another person (Section 2(7) of the BNS).
- DocumentBharatiya Sakshya AdhiniyamAny matter expressed, described or recorded on any substance by letters, figures, marks or other means, intended or usable to record or prove that matter, and including electronic and digital records.
- Doli incapaxLegal maximsIncapable of crime. A child below a certain age is treated as unable to form a guilty mind, so his act is not an offence. In India this is Sections 20 and 21 of the BNS.
- Domestic relationshipFamily LawA relationship between two persons who live or have at any time lived together in a shared household, related by consanguinity, marriage, a relationship in the nature of marriage, adoption, or as joint family members.
- DowrySpecial Criminal LawsProperty or valuable security given or agreed to be given, directly or indirectly, by or for a party to a marriage, at, before or after it, in connection with the marriage. Section 2, Dowry Prohibition Act.
- Driving licenceLaw of TortsThe licence issued by a competent authority under Chapter II of the Motor Vehicles Act, 1988 authorising a person to drive, otherwise than as a learner, a motor vehicle or a specified class of vehicle (Section 2(10)).
E
- EasementRegistration and Easements ActsA right of the owner or occupier of land, as such, for its beneficial enjoyment, to do something, or prevent something being done, on other land not his own.
- Ejusdem generisLegal maximsA rule of interpretation: where general words follow specific words of a distinct class, the general words are read as limited to things of the same class as the specific words.
- Electronic recordBharatiya Sakshya AdhiniyamData, a record or data generated, an image or sound stored, received or sent in electronic form, or micro film or computer generated micro fiche (Section 2(1)(t) of the IT Act).
- Electronic signatureCyber LawAuthentication of an electronic record by a subscriber using an electronic technique specified in the Second Schedule to the IT Act, including a digital signature (Section 2(1)(ta)).
- EnvironmentEnvironmental LawIncludes water, air and land and the inter-relationship among them and human beings, other living creatures, plants, micro-organism and property. Section 2(a), Environment (Protection) Act, 1986.
- EvidenceBharatiya Sakshya AdhiniyamUnder Section 2(1)(e) of the BSA, statements of witnesses before the Court, including those given electronically (oral evidence), and documents, including digital records, produced for its inspection (documentary evidence).
- Ex parteLegal maximsDone in the absence of the other party, or on the application of one party only. In civil procedure, a hearing or decree against a defendant who does not appear after due service.
- Ex turpi causa non oritur actioLegal maximsA court will not lend its aid to a person whose cause of action is founded on an illegal or immoral act.
- ExchangeTransfer of Property ActA transaction in which two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only. Section 118 of the TPA.
- ExecutorFamily LawA person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided. Section 2(c) of the Indian Succession Act, 1925.
- Existing lawConstitutional LawUnder Article 366(10), any law, Ordinance, order, bye-law, rule or regulation passed or made before the Constitution commenced by a body or person having power to make it.
- Expressio unius est exclusio alteriusLegal maximsA rule of construction: when a statute or document expressly mentions certain things, other things of the same kind not mentioned are presumed to be excluded.
F
- FactBharatiya Sakshya AdhiniyamAnything, state of things or relation of things capable of being perceived by the senses, and any mental condition of which a person is conscious (Section 2(1)(f) of the BSA).
- FactoryLabour & Industrial LawUnder Section 2(1)(w) of the OSH Code, 2020, premises where 20 or more workers work with a manufacturing process using power, or 40 or more without power.
- Facts in issueBharatiya Sakshya AdhiniyamFacts from which, alone or with other facts, the existence, non-existence, nature or extent of a right, liability or disability asserted or denied in a suit or proceeding necessarily follows (Section 2(1)(g) of the BSA).
- Falsus in uno, falsus in omnibusLegal maximsFalse in one thing, false in everything. In India it is not a rule of law; at most it is a rule of caution, and courts separate the true part of testimony from the false.
- Financial creditorInsolvency and Bankruptcy CodeUnder Section 5(7) of the IBC, any person to whom a financial debt is owed, including a person to whom such debt has been legally assigned or transferred.
- Financial debtInsolvency and Bankruptcy CodeA debt, with interest if any, disbursed against the consideration for the time value of money, including the items listed in Section 5(8) of the Insolvency and Bankruptcy Code, 2016.
- Foreign awardArbitration and Conciliation Act, 1996An award on commercial differences made on or after 11 October 1960 under a written New York Convention agreement, in a territory notified by the Central Government. Section 44, Arbitration Act, 1996.
- Foreign CourtCivil Procedure CodeA Court situate outside India and not established or continued by the authority of the Central Government. Section 2(5) of the CPC.
- Foreign judgmentCivil Procedure CodeThe judgment of a foreign Court, meaning a Court outside India not established or continued by Central Government authority. It is conclusive in India unless one of the six exceptions in Section 13 of the CPC applies.
- FraudContract LawUnder Section 17 of the Contract Act, specified acts by a party to a contract, or with his connivance, or by his agent, done to deceive the other party or induce him to contract.
- FraudulentlyBharatiya Nyaya SanhitaDoing anything with the intention to defraud, but not otherwise (Section 2(9) of the BNS). The intention involves deceit and an intended injury to the person deceived.
- Future goodsPartnership and Sale of Goods ActsGoods to be manufactured, produced or acquired by the seller after the contract of sale is made (Section 2(6) of the Sale of Goods Act, 1930). A purported present sale of them operates only as an agreement to sell.
G
- Generalia specialibus non derogantLegal maximsA rule of interpretation: where a general provision and a special provision deal with the same matter, the special provision prevails and the general one does not override it.
- GiftTransfer of Property ActThe voluntary transfer of existing movable or immovable property without consideration by a donor to a donee, accepted by or on behalf of the donee during the donor's lifetime. Section 122 of the TPA.
- Good faithBharatiya Nyaya SanhitaUnder Section 2(11) of the BNS, nothing is done or believed in good faith if it is done or believed without due care and attention. Civil laws accept honesty alone.
- GoodsPartnership and Sale of Goods ActsUnder Section 2(7) of the Sale of Goods Act, 1930, every kind of movable property other than actionable claims and money, including stocks and shares, growing crops and things to be severed from land.
- Government companyCompany LawA company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government, one or more State Governments, or both, including a subsidiary of such a company.
- Government PleaderCivil Procedure CodeUnder Section 2(7) of the CPC, any officer appointed by the State Government to perform the functions the Code imposes on the Government Pleader, and any pleader acting under his directions.
- Grievous hurtBharatiya Nyaya SanhitaThe kinds of hurt listed in Section 116 of the BNS, such as emasculation, permanent loss of sight or hearing, fracture, or hurt endangering life or causing fifteen days of severe pain.
- GuardianHindu LawA person having the care of the person of a minor, or of his property, or of both. Defined in Section 4(b) of the HMGA and Section 4(2) of the Guardians and Wards Act.
H
- Habeas corpusLegal maximsA writ directing a person or authority holding someone in custody to produce him before the court and show lawful authority for the detention, failing which he is set free. Issued under Articles 32 and 226.
- Hazardous substanceEnvironmental LawUnder Section 2(e) of the Environment (Protection) Act, 1986, any substance or preparation liable, by its chemical properties or handling, to harm humans, other living things, property or the environment.
- Heinous offencesSpecial Criminal LawsOffences for which the minimum punishment under the IPC or any other law in force is imprisonment for seven years or more (Section 2(33) of the Juvenile Justice Act, 2015).
- HeirHindu LawUnder Section 3(1)(f) of the Hindu Succession Act, 1956, any person, male or female, entitled to succeed to the property of an intestate under the Act.
- Holder in due courseNegotiable Instruments Act, 1881One who for consideration becomes possessor of a bearer instrument, or payee or indorsee of an order instrument, before maturity and without cause to believe the transferor's title defective. Section 9, NI Act.
I
- Ignorantia facti excusatLegal maximsA person who acts under an honest mistake about facts, in good faith, may be excused, unlike a person who is ignorant of the law.
- Ignorantia juris non excusatLegal maximsIgnorance of the law is no excuse. A person cannot escape liability by claiming he did not know the law, though a mistake of fact made in good faith may excuse.
- Immovable propertyTransfer of Property ActLand, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. Defined inclusively in Section 3(26) of the General Clauses Act, 1897.
- Independent directorCompany LawA director, other than a managing, whole-time or nominee director, who meets the independence criteria in Section 149(6) of the Companies Act, 2013 (Section 2(47)).
- Industrial disputeLabour & Industrial LawA dispute between employers, employers and workers, or workers, connected with employment, non-employment, terms of employment or conditions of labour, including an individual termination dispute (Section 2(q) IRC).
- InformationCyber LawUnder Section 2(1)(v) of the IT Act, 2000, information includes data, message, text, images, sound, voice, codes, computer programmes, software, databases, micro film and computer generated micro fiche.
- Injuria sine damnoLegal maximsThe violation of a legal right is actionable even though the plaintiff has suffered no actual loss. It applies to torts actionable per se, such as trespass and false imprisonment.
- InjuryBharatiya Nyaya SanhitaUnder Section 2(14) of the BNS, any harm whatever illegally caused to any person in body, mind, reputation or property.
- InquiryBharatiya Nagarik Suraksha SanhitaUnder Section 2(1)(k) of the BNSS, every inquiry, other than a trial, conducted under the Sanhita by a Magistrate or Court.
- InstrumentTransfer of Property ActUnder Section 3 of the TPA, 'instrument' means a non-testamentary instrument, that is, a document other than a will by which a right or liability is created, transferred or recorded.
- IntermediaryCyber LawA person who, on behalf of another, receives, stores or transmits an electronic record or provides a service for it, such as an internet provider, search engine or online marketplace. Section 2(1)(w) IT Act.
- International commercial arbitrationArbitration and Conciliation Act, 1996An arbitration of a dispute arising from a legal relationship considered commercial under Indian law, where at least one party is foreign in nationality, residence, incorporation or control. Section 2(1)(f) of the Arbitration Act.
- InventionIntellectual Property LawUnder Section 2(1)(j) of the Patents Act, 1970, a new product or process involving an inventive step and capable of industrial application.
- Inventive stepIntellectual Property LawUnder Section 2(1)(ja) of the Patents Act, 1970, a feature of an invention involving technical advance over existing knowledge or economic significance or both, which makes it not obvious to a person skilled in the art.
- InvestigationBharatiya Nagarik Suraksha SanhitaAll proceedings under the BNSS for the collection of evidence by a police officer, or by a person other than a Magistrate authorised by a Magistrate.
J
- JudgmentCivil Procedure CodeUnder Section 2(9) of the CPC, the statement given by the Judge of the grounds of a decree or order.
- Judgment-debtorCivil Procedure CodeAny person against whom a decree has been passed or an order capable of execution has been made (Section 2(10) of the CPC).
- Judicial proceedingBharatiya Nagarik Suraksha SanhitaUnder Section 2(1)(m) of the BNSS, any proceeding in the course of which evidence is or may be legally taken on oath.
L
- LawConstitutional LawFor Article 13 of the Constitution, law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law in India.
- LeaseTransfer of Property ActA transfer of a right to enjoy immovable property for a certain time, or in perpetuity, in consideration of a premium or rent (Section 105 of the Transfer of Property Act).
- Legal practitionerProfessional Ethics & BCI RulesUnder Section 2(1)(i) of the Advocates Act, 1961, an advocate or vakil of any High Court, a pleader, mukhtar or revenue agent. Article 22(1) guarantees an arrested person the right to consult and be defended by one of his choice.
- Legal representativeCivil Procedure CodeA person who in law represents the estate of a deceased person, including anyone who intermeddles with the estate (Section 2(11) of the CPC). He is liable only to the extent of the estate that reaches him.
- Lis pendensLegal maximsWhile a suit about a right to immovable property is pending, a party cannot transfer the property so as to affect the other party's rights under the eventual decree.
- Living personTransfer of Property ActFor Section 5 of the Transfer of Property Act, a living person includes a company or association or body of individuals, whether incorporated or not. Transfer of property is between living persons.
- Lock-outLabour & Industrial LawThe temporary closing of a place of employment, suspension of work, or an employer's refusal to continue to employ any number of persons employed by him (Section 2(u), Industrial Relations Code, 2020).
- Locus standiLegal maximsThe right of a person to bring an action or be heard before a court, traditionally limited to a person aggrieved, and relaxed in India for public interest litigation.
- Lok AdalatCivil Procedure CodeA forum organised by a legal services authority under Chapter VI of the Legal Services Authorities Act, 1987 to settle pending or pre-litigation disputes by compromise. Its award is deemed a decree and is final.
M
- MaintenanceFamily LawProvision for food, clothing, residence, education and medical attendance, and for an unmarried daughter her marriage expenses (Section 3(b) HAMA). Claimable under personal law and under Section 144 BNSS.
- MandamusLegal maximsA writ commanding a public authority, body or official to perform a public or statutory duty that it has failed or refused to perform. Issued under Articles 32 and 226.
- Mens reaLegal maximsThe mental element of a crime, such as intention, knowledge, dishonesty or rashness, which together with the physical act (actus reus) ordinarily constitutes an offence.
- Mercantile agentPartnership and Sale of Goods ActsUnder Section 2(9) of the Sale of Goods Act, an agent having, in the customary course of business, authority to sell goods, consign them for sale, buy goods, or raise money on their security.
- Mesne profitsCivil Procedure CodeProfits that a person in wrongful possession of property actually received or might with ordinary diligence have received, with interest, but excluding profits due to his own improvements. Section 2(12) CPC.
- MinorContract LawA person who has not attained majority, which in India is ordinarily the completion of eighteen years. A minor cannot contract, and his agreement is void.
- MisrepresentationContract LawAn untrue statement or a breach of duty that misleads a party into a contract without intent to deceive. It makes the contract voidable (Sections 18 and 19 of the Indian Contract Act).
- Money-launderingBanking & Financial LawsBeing involved in, or knowingly assisting, any process or activity connected with proceeds of crime, such as concealment, possession, acquisition, use, or projecting it as untainted. Section 3, PMLA.
- MortgageTransfer of Property ActThe transfer of an interest in specific immovable property to secure the payment of money advanced or to be advanced as a loan, an existing or future debt, or an engagement giving rise to a pecuniary liability.
- Movable propertyBharatiya Nyaya SanhitaUnder Section 2(21) of the BNS, property of every description except land and things attached to the earth or permanently fastened to anything attached to the earth. Other Acts frame it differently.
N
- National ParkEnvironmental LawUnder Section 2(21) of the Wild Life (Protection) Act, 1972, an area declared a National Park under Section 35 or 38, or deemed so under Section 66(3).
- Natural guardianHindu LawUnder Section 4(c) of the Hindu Minority and Guardianship Act, 1956, any of the guardians named in Section 6: the father, then the mother; the mother for illegitimate children; the husband for a married girl.
- Negotiable instrumentNegotiable Instruments Act, 1881A promissory note, bill of exchange or cheque payable either to order or to bearer (Section 13(1) of the Negotiable Instruments Act, 1881).
- Nemo dat quod non habetLegal maximsA person cannot transfer a better title than he himself has. In Indian law it is embodied in Section 27 of the Sale of Goods Act, 1930, subject to listed exceptions protecting good faith buyers.
- Nemo debet bis vexari pro una et eadem causaLegal maximsNo person should be troubled twice for the same cause. The maxim underlies res judicata in civil law and the bar on a second prosecution for the same offence in criminal law.
- Nemo judex in causa suaLegal maximsNo one should be a judge in his own cause. It is the rule against bias, one of the two main principles of natural justice.
- Nemo moriturus praesumitur mentiriLegal maximsA person about to die is presumed not to lie. The maxim is the rationale for admitting dying declarations, now under Section 26(a) of the BSA.
- Non-bailable offenceBharatiya Nagarik Suraksha SanhitaAn offence that is not shown as bailable in the First Schedule to the BNSS and is not made bailable by any other law. Bail in such a case rests in the court's discretion and is not a right.
- Non-cognizable offenceBharatiya Nagarik Suraksha SanhitaAn offence for which a police officer has no authority to arrest without warrant. A case involving such an offence is a non-cognizable case.
- Noscitur a sociisLegal maximsA word is known by the company it keeps. The meaning of a doubtful word in a statute may be gathered from the words associated with it.
- Novus actus interveniensLegal maximsA new, independent act or event that intervenes between the defendant's conduct and the harm and breaks the chain of causation, so that the defendant is not liable for the harm that follows.
- Nullum tempus occurrit regiLegal maximsTime does not run against the king. In India the maxim is not applied as such: the Limitation Act binds the Government, though it gives longer periods for certain government claims.
O
- Obiter dictumLegal maximsA statement in a judgment that is not necessary for deciding the case, and so does not form part of its binding ratio decidendi.
- OffenceBharatiya Nyaya SanhitaAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
- OmissionBharatiya Nyaya SanhitaA failure to act. Under Section 2(25) of the BNS the word denotes a series of omissions as well as a single omission, and words referring to acts extend to illegal omissions.
- One Person CompanyCompany LawUnder Section 2(62) of the Companies Act, 2013, a company which has only one person as a member. It is a form of private company formed under Section 3(1)(c).
- Operational creditorInsolvency and Bankruptcy CodeA person to whom an operational debt is owed, including an assignee or transferee of that debt (Section 5(20) of the Insolvency and Bankruptcy Code, 2016).
- OrderCivil Procedure CodeUnder Section 2(14) of the CPC, the formal expression of any decision of a Civil Court which is not a decree.
- Organised crime syndicateBharatiya Nyaya SanhitaA group of two or more persons who, acting singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity (Section 111 of the BNS).
P
- Pacta sunt servandaLegal maximsEvery treaty in force binds its parties and must be performed by them in good faith; in private law, the principle that contracts must be honoured.
- PartnershipPartnership and Sale of Goods ActsUnder Section 4 of the Partnership Act, the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.
- Payment in due courseNegotiable Instruments Act, 1881Payment according to the apparent tenor of a negotiable instrument, in good faith and without negligence, to the person in possession, where nothing gives reasonable ground to believe he is not entitled to it (Section 10, NI Act).
- Per incuriamLegal maximsA decision given in ignorance or forgetfulness of a binding statutory provision or a binding precedent. Such a decision does not bind later courts as a precedent.
- Period of limitationLimitation Act, 1963Under Section 2(j) of the Limitation Act, the period prescribed for a suit, appeal or application by the Schedule. In criminal law, the period in Section 514 BNSS for taking cognizance.
- Personal dataCyber LawAny data about an individual who is identifiable by or in relation to such data. Section 2(t) of the Digital Personal Data Protection Act, 2023.
- Petty offenceBharatiya Nagarik Suraksha SanhitaFor Section 229 of the BNSS, an offence punishable only with fine not exceeding five thousand rupees, other than Motor Vehicles Act offences and offences under laws allowing conviction in absence on a guilty plea.
- PleaderCivil Procedure CodeUnder Section 2(15) of the CPC, any person entitled to appear and plead for another in Court, including an advocate, a vakil and an attorney of a High Court.
- PleadingCivil Procedure CodeUnder Order VI Rule 1 of the CPC, pleading means a plaint or a written statement.
- PledgeContract LawThe bailment of goods as security for payment of a debt or performance of a promise (Section 172 of the Contract Act). The bailor is called the pawnor and the bailee the pawnee.
- Police reportBharatiya Nagarik Suraksha SanhitaThe report that the officer in charge of a police station forwards to a Magistrate under Section 193(3) of the BNSS when an investigation is completed.
- Prescribed periodLimitation Act, 1963Under Section 2(j) of the Limitation Act, the period of limitation computed in accordance with the Act, as distinct from the bare period fixed by the Schedule.
- PrincipalContract LawThe person for whom an act is done by an agent, or who is represented by an agent in dealings with third persons. Section 182 of the Indian Contract Act, 1872.
- Private companyCompany LawA company whose articles restrict share transfer, limit members to two hundred (except a One Person Company) and bar public invitation to subscribe for its securities. Section 2(68), Companies Act, 2013.
- ProbateFamily LawThe copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator (Section 2(f) of the Indian Succession Act, 1925).
- Proceeds of crimeBharatiya Nagarik Suraksha SanhitaProperty derived or obtained, directly or indirectly, by any person as a result of criminal activity, or the value of such property (Section 111(c) of the BNSS).
- Proclaimed offenderBharatiya Nagarik Suraksha SanhitaAn absconding accused, charged with an offence punishable with ten years or more, life or death, whom the Court declares a proclaimed offender under Section 84(4) of the BNSS after he fails to answer a proclamation.
- Proclamation of EmergencyConstitutional LawA Proclamation issued by the President under Article 352(1) declaring that the security of India or any part of it is threatened by war, external aggression or armed rebellion. Article 366(18).
- Product liabilityConsumer Protection Act, 2019The responsibility of a product manufacturer or product seller to compensate for harm caused to a consumer by a defective product or by deficiency in services relating to it (Section 2(34), CPA 2019).
- PromiseContract LawA proposal that has been accepted. Under Section 2(b) of the Indian Contract Act, 1872, a proposal, when accepted, becomes a promise.
- Promissory noteNegotiable Instruments Act, 1881A written instrument, not a bank-note or currency-note, containing an unconditional undertaking signed by the maker to pay a certain sum of money only to, or to the order of, a certain person or the bearer.
- ProposalContract LawUnder Section 2(a) of the Contract Act, a person makes a proposal when he signifies to another his willingness to do or abstain from doing anything, to obtain that other's assent.
- ProspectusCompany LawUnder Section 2(70) of the Companies Act, 2013, any document described or issued as a prospectus, including red herring and shelf prospectuses, or any notice, circular or advertisement inviting public offers for securities.
- Protection OfficerFamily LawAn officer appointed by the State Government under Section 8(1) of the Protection of Women from Domestic Violence Act, 2005, who assists the Magistrate and helps the aggrieved woman obtain relief.
- Protection orderSpecial Criminal LawsAn order made by a Magistrate under Section 18 of the Protection of Women from Domestic Violence Act, 2005 prohibiting the respondent from committing domestic violence and related acts. Section 2(o) of that Act.
- Public authorityAdministrative LawUnder Section 2(h) of the RTI Act, a body set up by the Constitution, a law or a government notification, including bodies owned, controlled or substantially financed by government.
- Public companyCompany LawUnder Section 2(71) of the Companies Act, 2013, a company that is not a private company and has the prescribed minimum paid-up capital, including a subsidiary of a non private company.
- Public nuisanceBharatiya Nyaya SanhitaAn act or illegal omission causing common injury, danger or annoyance to the public or people in the vicinity, or to persons using a public right. Section 270 of the BNS.
- Public officerCivil Procedure CodeA person falling within the eight descriptions in Section 2(17) of the CPC, such as every Judge, members of an All-India Service and officers in the service or pay of the Government.
- Public servantBharatiya Nyaya SanhitaA person falling within the descriptions in Section 2(28) of the BNS, such as Judges, officers of the Government and Courts, and persons in the pay of the Government or a Government company.
Q
- Qui facit per alium facit per seLegal maximsHe who does a thing through another does it himself. The act of an agent or servant, done within his authority, is treated as the act of the principal or master.
- Quid pro quoLegal maximsSomething given or done in return for something else. In law it describes the element of exchange that underlies consideration in contracts and the distinction between a fee and a tax.
- Quo warrantoLegal maximsBy what authority. A writ requiring the holder of a public office to show the legal authority under which he holds it, and removing him if he has none.
R
- Ratio decidendiLegal maximsThe principle of law on which a case is decided. It is the binding part of a judgment under the doctrine of precedent, as distinct from obiter dicta.
- Res gestaeLegal maximsFacts, including statements, so connected with a fact in issue or relevant fact as to form part of the same transaction are relevant, whether at the same time and place or not (Section 4, BSA).
- Res ipsa loquiturLegal maximsThe thing speaks for itself. Where an accident is of a kind that does not ordinarily happen without negligence and the thing was under the defendant's control, negligence may be inferred.
- Res judicataLegal maximsA matter directly and substantially in issue that a competent court has heard and finally decided between the same parties cannot be tried again in a later suit (Section 11, CPC).
- Res sub judiceLegal maximsA matter already pending before a court. Under Section 10 of the CPC, a court must not proceed with the trial of a later suit when the same matter is directly and substantially in issue in an earlier pending suit.
- Resolution planInsolvency and Bankruptcy CodeA plan proposed by a resolution applicant for insolvency resolution of the corporate debtor as a going concern in accordance with Part II of the Insolvency and Bankruptcy Code, 2016 (Section 5(26)).
- Resolution professionalInsolvency and Bankruptcy CodeAn insolvency professional appointed to conduct the corporate insolvency resolution process, including an interim resolution professional. Section 5(27) of the IBC, 2016; Section 79(21) gives the meaning for individuals.
- Respondeat superiorLegal maximsA master or employer is liable for the wrongs of his servant committed in the course of employment, even though he did not himself commit them.
- RetrenchmentLabour & Industrial LawTermination by the employer of a worker's service for any reason other than disciplinary punishment, excluding retirement, non renewal or end of contract, end of fixed term and ill health. Section 2(zh) of the IR Code, 2020.
- Rex non potest peccareLegal maximsThe king can do no wrong. The old English basis of Crown immunity in tort; in India the State's tortious liability is governed by Article 300, not by this maxim.
- Right to informationAdministrative LawThe right of every citizen to information held by or under the control of a public authority, including inspection, notes, certified copies, samples and electronic copies (Section 2(j), RTI Act, 2005).
S
- SaleTransfer of Property ActA transfer of ownership in exchange for a price paid or promised or part-paid and part-promised (Section 54 of the TPA). Sale of goods is governed separately by Section 4 of the Sale of Goods Act, 1930.
- Salus populi suprema lexLegal maximsThe welfare or safety of the people is the supreme law. The maxim justifies the State's power to restrict private rights in the public interest, within constitutional limits.
- SanctuaryEnvironmental LawUnder Section 2(26) of the Wild Life (Protection) Act, 1972, an area declared a sanctuary by notification under Chapter IV, including a deemed sanctuary under Section 66(4).
- Scheduled CastesConstitutional LawCastes, races or tribes, or parts of or groups within them, deemed to be Scheduled Castes under Article 341 of the Constitution (Article 366(24)).
- Scheduled TribesConstitutional LawTribes or tribal communities, or parts of or groups within them, deemed under Article 342 to be Scheduled Tribes for the purposes of the Constitution (Article 366(25)).
- SellerPartnership and Sale of Goods ActsA person who sells or agrees to sell goods. Section 2(13) of the Sale of Goods Act, 1930. For the unpaid seller's rights, 'seller' also includes a person in the position of a seller (Section 45(2)).
- Serious offencesSpecial Criminal LawsUnder Section 2(54) of the Juvenile Justice Act, 2015, offences with a minimum sentence above three and up to seven years, or a maximum above seven years with no minimum or a minimum below seven years.
- Sexual harassmentLabour & Industrial LawUnwelcome sexual conduct, such as physical advances, demands for sexual favours, sexually coloured remarks or showing pornography. It is a workplace wrong under the POSH Act and an offence under Section 75 BNS.
- Shared householdFamily LawUnder Section 2(s) of the Domestic Violence Act, 2005, a household where the aggrieved woman lives or at any stage has lived in a domestic relationship, whoever owns it, including a joint family household.
- Small companyCompany LawUnder Section 2(85) of the Companies Act, 2013, a company other than a public company whose paid-up capital and turnover are both within the prescribed limits.
- Socially and educationally backward classesConstitutional LawUnder Article 366(26C), the backward classes deemed socially and educationally backward under Article 342A for the Central Government or a State or Union territory. Articles 15(4) and 15(5) permit special provisions for them.
- Specific goodsPartnership and Sale of Goods ActsGoods identified and agreed upon at the time a contract of sale is made (Section 2(14) of the Sale of Goods Act, 1930).
- Stare decisisLegal maximsTo stand by things decided. Courts follow earlier decisions on the same point of law, so that the law remains certain and consistent.
- The State (Article 12)Constitutional LawFor Part III of the Constitution, the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities in India or under the control of the Government of India.
- StrikeLabour & Industrial LawCessation of work by persons employed in an industry acting in combination, or a concerted refusal to work, including concerted casual leave by 50% or more workers on a day. Section 2(zk), IR Code.
- Sub-agentContract LawA person employed by, and acting under the control of, the original agent in the business of the agency (Section 191, Contract Act). He answers to the agent, not to the principal, save for fraud or wilful wrong.
- Sui generisLegal maximsOf its own kind. Describes something unique that does not fit any existing legal category and must be understood on its own terms.
- Summons-caseBharatiya Nagarik Suraksha SanhitaA case relating to an offence that is not a warrant-case, that is, an offence punishable with imprisonment up to two years or with fine only. Defined in Section 2(1)(x) of the BNSS.
- Suo motuLegal maximsAction taken by a court or authority on its own initiative, without an application or complaint from a party.
T
- Terrorist actBharatiya Nyaya SanhitaAn act done with intent to threaten the unity, integrity, sovereignty, security or economic security of India, or to strike terror, by the means listed in Section 113 BNS or Section 15 UAPA.
- Terrorist organisationSpecial Criminal LawsAn organisation listed in the First Schedule to the Unlawful Activities (Prevention) Act, 1967, or one operating under the same name as a listed organisation. Section 2(1)(m) of the UAPA.
- TheftBharatiya Nyaya SanhitaDishonestly moving movable property out of another person's possession, without that person's consent, in order to take it (Section 303(1) of the BNS).
- Trade markIntellectual Property LawUnder Section 2(1)(zb) of the Trade Marks Act, 1999, a mark capable of graphical representation and of distinguishing one person's goods or services from others'.
- Trade unionLabour & Industrial LawUnder Section 2(zl) of the Industrial Relations Code, 2020, any combination formed primarily to regulate relations between workers and employers, workers and workers, or employers and employers.
- Transfer of propertyTransfer of Property ActUnder Section 5 of the TPA, an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons.
U
- Ubi jus ibi remediumLegal maximsWhere there is a right, there is a remedy. A legal right carries with it the means of enforcing it, so its violation is actionable.
- Ultra viresLegal maximsBeyond the powers. An act, rule or law made in excess of the authority conferred by the Constitution, the parent statute or a company's memorandum is ultra vires and void.
- Undue influenceContract LawUnder Section 16 of the Contract Act, where one party is in a position to dominate the will of the other and uses that position to obtain an unfair advantage. The contract is voidable.
- Unfair contractConsumer Protection Act, 2019A contract between a manufacturer, trader or service provider and a consumer whose terms cause significant change in the consumer's rights, such as excessive deposits or one sided termination. Section 2(46) of the CPA, 2019.
- Unfair trade practiceConsumer Protection Act, 2019A trade practice that, to promote the sale, use or supply of goods or services, adopts an unfair method or an unfair or deceptive practice, including those listed in Section 2(47) of the Consumer Protection Act, 2019.
- Union territoryConstitutional LawAny Union territory specified in the First Schedule to the Constitution, including any other territory within India not specified in that Schedule. Article 366(30) of the Constitution.
- Unlawful activitySpecial Criminal LawsUnder Section 2(1)(o) of the UAPA, 1967, action by an individual or association that supports cession or secession of Indian territory, disrupts India's sovereignty and territorial integrity, or causes disaffection against India.
- Ut res magis valeat quam pereatLegal maximsA rule of interpretation: where a provision or document can be read in two ways, the court prefers the reading that gives it effect over one that makes it void, futile or meaningless.
V
- Valuable securityBharatiya Nyaya SanhitaA document which is, or purports to be, one by which a legal right is created, extended, transferred, restricted, extinguished or released, or by which a person acknowledges legal liability. Section 2(31) of the BNS.
- VictimBharatiya Nagarik Suraksha SanhitaUnder Section 2(1)(y) of the BNSS, a person who has suffered loss or injury caused by the act or omission of the accused person, including the victim's guardian or legal heir.
- Vigilantibus non dormientibus jura subveniuntLegal maximsThe law helps those who are vigilant about their rights, not those who sleep over them. It is the policy behind the law of limitation and the doctrine of laches.
- VoidContract LawHaving no legal effect. Under Section 2(g) of the Contract Act an agreement not enforceable by law is void, and under Section 2(j) a contract becomes void when it ceases to be enforceable.
- Voidable contractContract LawAn agreement enforceable by law at the option of one or more of the parties but not at the option of the other or others. Section 2(i) of the Indian Contract Act, 1872.
- Volenti non fit injuriaLegal maximsA person who freely and with full knowledge consents to a risk of harm cannot sue for the harm that results. It is a general defence in the law of torts.
W
- WagesLabour & Industrial LawUnder Section 2(y) of the Code on Wages, 2019, all remuneration in money or money's worth payable for employment, including basic pay, dearness allowance and retaining allowance, but excluding listed items.
- Warrant-caseBharatiya Nagarik Suraksha SanhitaA case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Section 2(1)(z) of the BNSS.
- WillFamily LawThe legal declaration of a testator's intention about his property, which he desires to take effect after his death (Section 2(h) of the Indian Succession Act, 1925).
- WomanBharatiya Nyaya SanhitaUnder Section 2(35) of the BNS, a female human being of any age. Other statutes, such as labour and ART laws, adopt narrower meanings for their own purposes.
- WorkmanLabour & Industrial LawA person employed to do manual, skilled, technical, operational, clerical or supervisory work for hire or reward. The Industrial Relations Code, 2020 now uses the term worker in Section 2(zr).
- Wrongful gainBharatiya Nyaya SanhitaGain by unlawful means of property to which the person gaining is not legally entitled (Section 2(36) of the BNS). Wrongfully retaining property is gain as much as wrongfully acquiring it.
- Wrongful lossBharatiya Nyaya SanhitaThe loss by unlawful means of property to which the person losing it is legally entitled. Defined in Section 2(37) of the BNS; it is one half of the definition of dishonestly.