Legal Glossary

FIR

First Information Report — the written document prepared by the police on receiving information about the commission of a cognizable offence. It is the starting point of an investigation.

Example: When a theft is reported at a police station, the officer in charge records the complaint as an FIR under Section 154 CrPC.

Chargesheet

A final report filed by the police before a Magistrate after completing investigation, listing the accused, evidence collected, witnesses, and applicable sections of law.

Example: After 90 days of investigation, the police filed a chargesheet under Section 173 CrPC against the accused for cheating.

Bail

The release of an arrested person from custody on furnishing security or bond, often subject to conditions, with an undertaking to appear before the court when required.

Example: The Magistrate granted bail to the accused on a personal bond of Rs 25,000 with one surety.

Anticipatory Bail

Bail granted in advance under Section 438 CrPC to a person who apprehends arrest in a non-bailable offence, by the High Court or Court of Session.

Example: Apprehending arrest in a 498A case, the petitioner moved for anticipatory bail before the Sessions Court.

Cognizable Offence

An offence in which the police can arrest without a warrant and start investigation without prior permission of the Magistrate. Generally serious offences.

Example: Murder, rape, kidnapping, and robbery are cognizable offences.

Non-Cognizable Offence

An offence in which the police cannot arrest without a warrant or initiate investigation without permission from the Magistrate. Usually less serious offences.

Example: Defamation and simple assault under Section 323 IPC are non-cognizable.

Bailable Offence

An offence in which bail is a matter of right — the accused must be released on bail if willing to furnish bond.

Example: Causing simple hurt under Section 323 IPC is a bailable offence.

Non-Bailable Offence

An offence in which bail is not a matter of right but is at the discretion of the court, considering the nature and gravity of the offence.

Example: Murder under Section 302 IPC is non-bailable.

Summons

A document issued by a court directing a person to appear before it on a specified date and time, either as a party, witness, or for production of documents.

Warrant

A written order issued by a court or Magistrate authorising a police officer to arrest a person, search a place, or perform some other specified act.

Plaint

The written statement by which a civil suit is instituted, setting out the cause of action, parties, jurisdiction, relief sought, and material facts.

Written Statement

The reply filed by the defendant in a civil suit responding to the plaint, setting out the defence, admissions, and denials.

Decree

The formal expression of an adjudication of the court that conclusively determines the rights of the parties on the matters in controversy in a civil suit.

Judgment

The statement given by the judge on the grounds of a decree or order, containing the findings on issues and the reasons for the decision.

Appeal

An application to a higher court for review of the decision of a lower court on grounds of error in fact or law.

Revision

The power of a higher court to examine the records of a lower court to ensure correctness, legality, and propriety of the order, exercised at its discretion.

Review

Re-examination of a judgment by the same court that passed it, on limited grounds such as discovery of new evidence or apparent error on the face of record.

Stay

An order of the court suspending or postponing the operation of an order, decree, or proceedings until further orders.

Injunction

A court order directing a person to do, or refrain from doing, a particular act. It may be temporary (interim) or permanent (perpetual).

Affidavit

A written statement of facts confirmed by the oath or affirmation of the person making it, sworn before a notary or other authorised officer.

Notary

A public officer authorised to attest documents, administer oaths, and certify true copies of documents.

Vakalatnama

A document signed by a litigant authorising a lawyer (advocate) to appear, plead, and act for them before a court.

Cognizance

The act by which a Magistrate takes notice of an offence and applies their mind to it, considered the formal beginning of judicial proceedings.

Compoundable Offence

An offence which can be settled or compromised between the complainant and the accused, sometimes with permission of the court.

Example: Adultery and simple hurt are compoundable offences under Section 320 CrPC.

Caveat

A formal notice filed in court by a person who anticipates that another may file a case against them, asking the court to hear them before any ex-parte order is passed.

Habeas Corpus

A constitutional writ ('produce the body') used to challenge unlawful detention; the court orders the authority detaining the person to produce them and justify the detention.

Mandamus

A constitutional writ ('we command') compelling a public authority or lower court to perform a duty it has refused or failed to discharge.

Certiorari

A constitutional writ used by a superior court to quash the order of an inferior court or tribunal that has acted without jurisdiction or violated principles of natural justice.

Quo Warranto

A constitutional writ ('by what authority') used to challenge a person's right to hold a public office, calling upon them to show the authority under which they claim the office.

Prohibition

A constitutional writ issued by a higher court to a lower court or tribunal preventing it from exceeding its jurisdiction in a pending matter.

IPC

Indian Penal Code 1860 — the main substantive criminal law of India defining offences and their punishments. Replaced from 1 July 2024 by the Bharatiya Nyaya Sanhita (BNS) for offences committed thereafter.

CrPC

Code of Criminal Procedure 1973 — the procedural law governing investigation, prosecution, trial, and bail in criminal matters. Replaced for new offences from 1 July 2024 by the Bharatiya Nagarik Suraksha Sanhita (BNSS).

CPC

Code of Civil Procedure 1908 — the law governing procedure in civil suits, including jurisdiction, pleadings, evidence, judgments, and execution.

Suo Motu

Action taken by a court or authority on its own motion, without any application or complaint from a party, usually in matters of public interest.

Ex-Parte

An order or hearing conducted by a court in the absence of one of the parties, usually because they failed to appear despite notice.