Author: toahostinger

Crime: Meaning, Definition, and Essential Elements under Indian Law

October 13, 2025October 13, 2025 toahostinger No Comments

Crime: Meaning, Definition, and Essential Elements under Indian Law* Introduction The concept of crime lies at the very foundation of criminal law. In simple terms, crime is any act or omission that is forbidden by law and punishable by the authority of the State. It represents behavior that not only violates the law but also threatens the moral and social order of society. Though the idea of crime is universal, its definition and interpretation vary from country to country depending upon their legal systems and moral values. What may be considered a crime in one nation might not be in another. Hence, defining “crime” with complete precision is a challenging task. Definition of Crime Sir William Russell once remarked that no one has satisfactorily defined crime. Yet, jurists have attempted to describe it in various ways. • According to Stephen: “Crime is an act forbidden by law and which is at the same time revolting to the moral sentiments of society.” • According to Miller: “Crime is the commission or omission of an act which the law forbids or commands under pain of a punishment to be imposed by the State in its own name.” Each jurist defines crime differently, based on their perspectives and the social context of their time. The essence, however, remains the same — a crime is a wrongful act or omission punishable under the law. Essential Elements of Crime For an act to be called a crime, certain essential elements must coexist. These elements are: 1. Human Being 2. Mens Rea (Guilty Mind) 3. Actus Reus (Guilty Act) 4. Injury to a Human Being 1. Human Being The first essential element of a crime is that it must be committed by a human being. To be criminally liable, a person must be capable of understanding their legal obligations and must be within the scope of the law. Under the Bharatiya Nyaya Sanhita (BNS), 2023, • Section 2(19) and 2(35) state that ‘man’ and ‘woman’ include persons of any age. • However, Section 20 of BNS provides that a child below 7 years of age cannot commit a crime, as they lack criminal intent (doli incapax). Animals, though punished in ancient times, are no longer treated as offenders. Instead, their owners are held liable for their actions. Further, Section 2(26) of BNS defines ‘person’ to include a company, an association, or a body of persons, whether incorporated or not — recognizing both natural and artificial persons. Example: • A kills B → Crime • A steals C’s property → Crime 2. Mens Rea (Guilty Mind) The second essential element is Mens Rea, which means a guilty mind or criminal intent. It is a fundamental principle of criminal law that no act is a crime unless it is done with a guilty intention. Legal Maxim: Actus non facit reum nisi mens sit rea (An act does not make a man guilty unless his mind is also guilty). The presence of Mens Rea determines whether the act was intentional, reckless, or merely accidental. Without criminal intention, liability is generally not imposed — unless the statute specifically excludes the need for mens rea. Judicial Interpretations: 1. Sherraz v. De Rutzen (1895) 1 QB 918 • Wright J. held that mens rea is to be presumed in every statute unless the contrary is clearly expressed. 2. Hobbs v. Winchester Corporation (1910) 2 KB 471 • Justice Kennedy opined that the requirement of mens rea depends upon the wording and intent of the statute. 3. R v. Prince (1875) L.R. 2 C.C.R. 154 • The accused took a girl below 16, believing she was 18. The Court held him guilty, ruling that ignorance of fact was no defense. 4. Queen v. Tolson (1889) 23 QBD 168 • Recognized that a reasonable mistake of fact may negate mens rea. 5. State of Maharashtra v. M.H. George (1965) • A German smuggler brought gold into India, unaware of a Reserve Bank notification prohibiting it. The Supreme Court held that mens rea was not required for this offense, establishing that ignorance of law is no excuse. 6. Nathu Lal v. State of M.P. (AIR 1966 SC 43) • The Court ruled that mens rea is an essential element of a criminal offence, unless expressly excluded by statute. Mens Rea in Indian Law Indian law is codified, and the elements of offences are specifically defined in statutes. The presence of mens rea is reflected through words like: • Intentionally, voluntarily, dishonestly, fraudulently, corruptly, negligently, rashly, etc. In Prabhat Kumar Singh v. State of Bihar (2021), the Court discussed the application of mens rea in cybercrime cases, emphasizing that criminal intent is crucial even in digital offences. 3. Actus Reus (Guilty Act) Maxim: Actus reus non facit reum nisi mens sit rea (An act is not guilty unless the mind is guilty). Actus Reus refers to the physical act or omission that constitutes the external component of a crime. It may include: • A positive act (commission), or • A failure to act when there is a legal duty to do so (omission). Examples: • A thinks of killing B — not a crime (mere intention). • A hits B with a rod intending to kill him — crime (commission). • A watches his child drown and does nothing — crime (omission). Thus, actus reus must be accompanied by mens rea to constitute a punishable offence. 4. Injury to a Human Being The final element of crime is injury caused to another person or to society at large. Without harm or injury, there is generally no crime — except where the law penalizes the act itself. Under Section 2(14) of the Bharatiya Nyaya Sanhita (BNS): “Injury denotes any harm whatever illegally caused to any person in body, mind, reputation, or property.” Example: Driving without a valid license is a crime, even if it does not cause actual harm — because it endangers public safety and violates statutory law. Conclusion In conclusion, crime is not merely…

Criminal Law, Indian Penal Code, Interview, judiciary, Law, Legal

Doctrine of Common Intention and Joint Liability under Bharatiya Nyaya Sanhita, 2023

October 11, 2025October 13, 2025 toahostinger No Comments

Doctrine of Common Intention and Joint Liability under Bharatiya Nyaya Sanhita, 2023 Introduction The Doctrine of Common Intention is one of the most significant principles in criminal law, now incorporated under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) — replacing Section 34 of the Indian Penal Code (IPC). This doctrine establishes joint or constructive liability, meaning that when a criminal act is done by several persons in furtherance of a shared plan, each of them is equally responsible as if the act was done by him alone. Text of Section 3(5) BNS “When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.” Essential Ingredients of Section 3(5) 1. Commission of a Criminal Act: There must be an offence actually committed. 2. Participation of Two or More Persons: Common intention cannot exist in one person. 3. Existence of Common Intention: There must be a prior meeting of minds or a pre-arranged plan. 4. Act Done in Furtherance of That Intention: Every act must contribute to the shared design. When these elements exist, each person becomes jointly liable, irrespective of the extent of their participation. Meaning of Common Intention “Common intention” implies a pre-concert, unity of purpose, and a shared mental state among two or more individuals to commit a criminal act. It may be formed before the incident or may develop on the spot, depending upon the facts and circumstances of each case. In Rishi Deo Pandey v. State of U.P., AIR 1955 SC 331, the Court held that common intention can develop suddenly, even during the occurrence. Important Case Laws Explaining the Doctrine 1.Barendra Kumar Ghosh v. King Emperor (AIR 1925 PC 1) • The accused stood outside while others shot the Postmaster during a robbery. • Held: He was equally liable though he did not fire the shot. “Even if he stood outside the door, in crimes as in other things, they also serve who only stand and wait.” Principle: Mere presence with shared intent is sufficient for liability. 2. Mehboob Shah v. Emperor (AIR 1945 PC 118) • The Privy Council clarified that common intention should not be confused with similar intention. Principle: There must be a pre-arranged plan and concerted action; merely having the same intention is not enough. 3. Inder Singh (AIR 1933 Lah 819) • Four accused went to commit robbery; one stayed to bring the owner while another shot his son. Held: The one who was away was still guilty of murder since he was part of the joint criminal plan. 4. Kripal Singh v. State of U.P. (AIR 1954 SC 706) • A fight broke out; one suddenly stabbed the victim. Held: Common intention to kill was not pre-planned and did not develop at the spur of the moment. Principle: Sudden acts without pre-concert do not attract Section 3(5). 5. Jai Bhagwat v. State of Haryana (1999 Cr LJ 1634 SC) Two elements necessary: (a) Common intention, and (b) Participation in the commission of the offence. 6. Chhotu v. State of Maharashtra (AIR 1997 SC 3501) • One accused merely stood with a knife in his hand while others assaulted the victim. Held: Mere presence or passive conduct without proof of shared intention is insufficient for conviction. 7. Goudappa v. State of Karnataka (AIR 2013 SC 1595) • All accused entered the house, restrained the deceased, and one stabbed him fatally. Held: The nature of weapon, injury, and conduct proved a common intention to murder; all were convicted under Sections 143, 148, and 302 read with 34 IPC. Connected Provisions under BNS Section 35 – Common Knowledge or Intention When an act becomes criminal because of the knowledge or intention with which it is done, each participant who joins with such intention or knowledge is equally liable. Example: If A intends to kill and B only intends to hurt, A is guilty of murder while B is guilty of grievous hurt. Section 37 – Cooperation in a Criminal Act “Whoever intentionally cooperates in the commission of an offence by doing any one of the several acts commits that offence.” Illustration: A and B administer poison separately in small doses that collectively kill Z. Both are guilty of murder, though each dose alone was insufficient. Section 38 – Persons Guilty of Different Offences When several persons are engaged in one criminal act, each may be guilty of a different offence based on their intention and knowledge. Illustration: A acts under grave provocation (culpable homicide), while B acts with intent to kill (murder). Both are engaged in causing death but are guilty of different offences. Section 190 BNS (Old Sec. 149 IPC) – Common Object While Section 3(5) deals with common intention (pre-planned design), Section 190 deals with common object of an unlawful assembly, where liability arises by virtue of membership in that group. Judicial Summary Case Principle Legal Outcome Barendra Kumar Ghosh Even passive participants liable Equal liability Mehboob Shah Common ≠ Similar Intention Pre-concert required Inder Singh Absent participant still liable Shared purpose suffices Kripal Singh …

Criminal Law, Indian Penal Code, Interview, judiciary, LANDMARKS, Law

Chapter I – Preliminary Sections 1 of the Bharatiya Nyaya Sanhita, 2023

October 10, 2025October 11, 2025 toahostinger No Comments

Chapter I – Preliminary Sections 1 of the Bharatiya Nyaya Sanhita, 2023 Introduction The Bharatiya Nyaya Sanhita (BNS), 2023, marks a historic transformation in India’s criminal law framework, replacing the Indian Penal Code, 1860 (IPC) after more than 160 years. The first chapter of BNS, titled “Preliminary”, lays down the foundation for the entire code, defining its title, commencement, applicability, and territorial jurisdiction. Previously, this introductory part under the IPC consisted of Sections 1 to 5, but the BNS streamlines it into Sections 1 to 3. Section 1 – Short Title, Commencement, and Application (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions. (3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India. Explanation: • The BNS will come into operation only after a notification by the Central Government. • Subsection (3) clearly establishes that liability arises only under this Sanhita for any act or omission committed within the territory of India. Territorial Jurisdiction and the Concept of Locality of Offence The principle of territorial jurisdiction forms a cornerstone of criminal jurisprudence. The general rule is that an offence is triable in the country where it is committed, regardless of the offender’s nationality. Case Law: Mobarik Ali v. State of Bombay (1957 SC) Facts: A Pakistani citizen, while residing in Karachi, communicated with a businessman in Bombay through letters, phone calls, and telegrams. He deceived the complainant into sending over ₹5 lakh to his agents in India, promising rice shipments that never arrived. Held: The Supreme Court of India upheld the conviction under Section 420 IPC (cheating) and ruled that: Even though the accused was not physically present in India, the offence was committed in Bombay because all the essential ingredients of the offence took place there. Legal Principle: Physical presence within the territory is not necessary if the effects or essential components of the offence occur within India. Extent and Applicability (Section 2–3 of BNS) The territorial extent of India, for the purpose of applying its criminal laws, includes: • Land territory • Internal waters (rivers, lakes, canals) • Maritime territory (up to 12 nautical miles from the baseline) Extraterritorial Jurisdiction (Section 3 BNS) Subsection (4) and (5) extend the jurisdiction of the BNS beyond India’s borders in certain circumstances. (4) Trial for Offences Committed Outside India Any person who can be tried under any Indian law for an offence committed outside India will be dealt with as if the act were committed within India. (5) Offences by Indian Citizens Abroad This subsection applies to: • (a) Indian citizens committing offences outside India. • (b) Any person on a ship or aircraft registered in India. • (c) Any person outside India targeting a computer resource located in India. Illustration: A, an Indian citizen, commits murder in a foreign country. He can be tried and punished for murder in any Indian court where he is found. Section 6 – Exception for Special and Local Laws Nothing in the Bharatiya Nyaya Sanhita affects: • The Mutiny or Desertion Acts concerning armed forces, or • Special/local laws that prescribe distinct punishments or procedures. This ensures coexistence and harmony between the BNS and other central or state-specific laws. IMPORTANT POINTS: 1. Section 1–3 of the BNS establish its scope, commencement, and territorial applicability. 2. Criminal jurisdiction depends on where the offence occurs, not where the offender resides. 3. The Mobarik Ali case remains a landmark precedent affirming India’s right to prosecute offenders whose acts impact the country. 4. Extraterritorial jurisdiction extends to Indians abroad, ships and aircraft registered in India, and cybercrimes targeting Indian systems. 5. The BNS harmonizes with other existing laws without superseding them. Conclusion The Preliminary Chapter of the Bharatiya Nyaya Sanhita, 2023, lays a clear constitutional and territorial foundation for India’s new criminal justice framework. It emphasizes legal uniformity, jurisdictional clarity, and the digital relevance of modern offences. With its balanced provisions, the BNS ensures that no offender escapes liability—whether within or beyond Indian territory To start your preparation for Judicial Services Examination at home, drop a message on WhatsApp +91 8840961324 or call us on +91 9151591324 At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 +91 9971399324 | +91 8840961324 [email protected]

Indian Penal Code, Interview, judiciary, Law

IPC 1860 VS BNS 2023:A COMPLETE COMPARISON AND EVOLUTION OF INDIAN’S CRIMINAL LAW

October 9, 2025 toahostinger No Comments

Indian Penal Code (1860) vs Bharatiya Nyaya Sanhita (2023): A Complete Comparison and Evolution of India’s Criminal Law Introduction The Indian Penal Code (IPC), 1860 was India’s principal criminal code for over 160 years. It defined crimes and prescribed punishments for a wide range of offences, forming the backbone of India’s substantive criminal law. In 2023, the Government of India introduced the Bharatiya Nyaya Sanhita (BNS) to replace the IPC and modernize the criminal justice system in line with contemporary needs. The BNS came into force on 1 July 2024, marking a historic shift in Indian criminal law. Understanding Substantive and Procedural Laws Laws in India are broadly divided into two categories: 1. Substantive Laws Substantive laws define rights, duties, wrongs, and corresponding punishments. They form the foundation of justice by specifying what constitutes an offence and what punishment it attracts. Examples of substantive laws include: • Indian Penal Code (now Bharatiya Nyaya Sanhita, 2023) – defines offences like theft, assault, and murder. • Indian Contract Act, 1872 – governs agreements and obligations. • Transfer of Property Act, 1882 – regulates property transactions. • Specific Relief Act, 1963 – provides remedies such as injunctions and specific performance. 2. Procedural Laws Procedural laws lay down the methods and mechanisms for enforcing substantive rights and punishments. They ensure fairness and due process in judicial proceedings. Examples include: • Code of Civil Procedure (CPC), 1908 • Code of Criminal Procedure (now Bharatiya Nagrik Suraksha Sanhita, BNSS, 2023) In essence, substantive laws define rights, while procedural laws protect and enforce them. Criminal Law Before the British Period Before British rule, India’s criminal system was heavily influenced by Islamic law, especially during the medieval period (1192–1700 CE). Islamic criminal law emphasized justice, equality, peace, and humanism, as derived from the Holy Quran. Key categories under Islamic law were: 1. Hudood – Crimes against God (e.g., theft, zina, highway robbery). 2. Qisas – Retaliation or equal retribution. 3. Tazir – Discretionary punishment determined by the court. Hindus, on the other hand, followed their own personal laws in matters of marriage, inheritance, and family disputes, while trade and contracts applied equally to all communities. Evolution and Survival of the Indian Penal Code (1860) . Drafting and Enactment The Indian Penal Code was drafted based on the recommendations of the First Law Commission of India (1834), chaired by Lord Thomas Babington Macaulay. • Draft submitted: 1837 • Final revision: 1850 • Enacted: 6 October 1860 • Came into force: 1 January 1862 The IPC was initially applied to all British Presidencies, excluding princely states which had their own laws. Longevity and Influence The IPC survived for over 150 years, remaining one of the most enduring pieces of legislation. It inspired criminal codes in several Commonwealth nations and was amended more than 78 times before being replaced by the Bharatiya Nyaya Sanhita (BNS) in 2024. Objective of IPC The preamble stated: “Whereas it is expedient to provide a general penal code for India…” The aim was to create a comprehensive and uniform penal code. However, IPC did not repeal all previous penal laws; some offences were left out and governed by separate statutes. Structure of IPC • Chapters: 23 • Sections: 511 • Repealed on: 1 July 2024 The Ranbir Penal Code (1932) In the erstwhile state of Jammu and Kashmir, the Ranbir Penal Code (RPC), enacted during Maharaja Ranbir Singh’s reign, was in force from 1932 until 5 August 2019. It was replaced by the IPC after the Jammu and Kashmir Reorganisation Act, 2019. The Bharatiya Nyaya Sanhita (BNS), 2023 Overview The Bharatiya Nyaya Sanhita, 2023 (BNS) is the modern criminal code replacing the Indian Penal Code. It was passed by Parliament in December 2023 and came into effect on 1 July 2024. Legislative Timeline: • Introduced: 12 December 2023 • Passed by Lok Sabha: 20 December 2023 • Passed by Rajya Sabha: 21 December 2023 • President’s Assent: 25 December 2023 • Enforced: 1 July 2024 Structural Change Particulars Indian Penal Code (1860) Bharatiya Nyaya Sanhita (2023) Chapters 23 20 Sections 511 358 Language Colonial English Simplified, Modern, Gender-Neutral . Key Changes and Features of the Bharatiya Nyaya Sanhita (BNS) 1. New Offences Added • 20 new offences have been introduced. • 19 outdated provisions from the IPC have been removed. 2. Punishment Enhancements • Stricter punishments for 33 offences. • Higher fines in 83 offences. • Mandatory minimum punishments introduced for 23 offences. 3. Gender-Neutral Language BNS uses inclusive terms — applying certain offences like assault, voyeurism, and child trafficking to all genders, including transgender individuals. 4. Modern Definitions • Child: Person below 18 years. • Document: Includes electronic and digital records. • Gender: Includes transgender persons. • Movable Property: Excludes land and attached items. 5. Community Service Introduced as a punishment option for petty offences, promoting restorative justice. 6. Simplified Structure The BNS consolidates offences like robbery, dacoity, and forgery to reduce overlap and improve clarity. Objective and Significance of BNS 2023 The Bharatiya Nyaya Sanhita seeks to:…

Criminal Law, Indian Penal Code, judiciary, Law

Punjab Judiciary Syllabus and Elibility Guide 2025

September 24, 2025 toahostinger No Comments

Punjab Judiciary Syllabus 2025: Prelims, Mains, Interview & Eligibility Guide-TOA Introduction The Punjab Judicial Services Examination (for Civil Judge, Junior Division) is a prestigious exam conducted by the Punjab & Haryana High Court / PPSC. A solid understanding of the syllabus, eligibility criteria, and relaxations is essential for aspirants. This article gives you a complete breakdown in 2025. Eligibility & Relaxation Criteria To be eligible for Punjab Judiciary, aspirants must satisfy certain educational, age, language, nationality, and other criteria. Also, several categories receive relaxations in upper age limits. Educational Qualification • Must hold a Bachelor of Laws (LL.B.) degree from a recognized university in India (or equivalent), which entitles the candidate to be enrolled as an Advocate under the Advocate Act, 1961. • The degree can be a 3-year or 5-year integrated law course. • The candidate must have studied Punjabi language up to Matriculation (10th standard) or its equivalent. Age Limit • Minimum Age: 21 years (on the last date of application) • Maximum Age (General Category): 37 years Age Relaxations Relaxations are granted for certain categories, subject to rules. Some common relaxations are: Category -Relaxed Upper Age Limit / Benefit >Scheduled Castes / Scheduled Tribes (all States) & Backward Classes (Punjab only)-Up to 42 years >Punjab Govt / Central Govt Employees-Up to 45 years >Ex-Servicemen (with Punjab domicile)-Deduction of service years; if resultant age does not exceed limits by more than 3 years, candidate is eligible >Widows, Divorced Women & Certain Women Categories-Up to 42 years >Physically Handicapped (Punjab domicile)-Up to 47 years Note:These relaxations apply only if the category is valid under applicable rules at the time of notification. Always check the official notification for the year you apply. Nationality / Other Requirements • Must be a citizen of India, or • Subject of Bhutan or Nepal, or • A refugee from Tibet (who came to India before January 1, 1962) intending to settle permanently, or • A person of Indian origin who migrated from certain countries (like Pakistan, Burma, Sri Lanka, East Africa) with intent to settle permanently in India. • Non-Indian candidates must produce an eligibility certificate from the Punjab Government Department of Home Affairs & Justice. Other Conditions & Disqualifications • Good character and health are expected; no pending serious criminal case. • More than one spouse living is generally disallowed, unless exempted under special grounds. • Persons dismissed from government service, convicted for moral turpitude, or disqualified by a court or commission are ineligible. Punjab Judiciary Exam Structure The exam is conducted in three stages: 1. Preliminary Examination (Prelims) – Objective type (screening test) 2. Main Examination (Mains) – Descriptive written exam 3. Viva-Voce / Interview – Personality and knowledge assessment Punjab Judiciary Prelims Syllabus 2025 The Preliminary Examination consists of multiple-choice questions (MCQs) designed to test candidates’ legal knowledge, reasoning, and current affairs awareness. Key Subjects for Prelims • Constitution of India • Code of Civil Procedure (CPC) • Code of Criminal Procedure (CrPC) • Indian Penal Code (IPC) • Indian Evidence Act • Indian Contract Act, 1872 • Specific Relief Act, 1963 • Partnership Act & Sale of Goods Act • Transfer of Property Act, 1882 • Current Affairs and General Knowledge • Analytical and Logical Reasoning Note: Prelims is only qualifying in nature but requires solid preparation since it filters candidates for the Mains exam. Punjab Judiciary Mains Syllabus 2025 The Mains Examination is descriptive and carries significant weight in the final merit list. Paper-wise Breakdown 1. Paper I – Civil Law I • Code of Civil Procedure • Indian Contract Act • Indian Partnership Act • Sale of Goods Act • Specific Relief Act • Punjab Courts Act • Indian Evidence Act 2. Paper II – Civil Law II • Constitution of India • Hindu Law • Mohammedan Law • Customary Law • Law of Registration • Law of Limitation 3. Paper III – Criminal Law • Indian Penal Code (IPC) • Code of Criminal Procedure (CrPC) • Indian Evidence Act 4. Paper IV – English Language • Essay Writing (1000–1100 words) • Precis Writing • Reading Comprehension & Grammar 5. Paper V – Punjabi Language (in Gurmukhi script) • Translation from English to Punjabi & vice versa • Grammar, Vocabulary & Essay writing Viva-Voce / Interview Candidates who clear the Mains are called for the Viva-Voce (Interview). This stage evaluates: • Legal knowledge & current affairs • Judicial aptitude and reasoning • Communication skills • Ethical values and personality traits Performance in the interview is crucial as it directly impacts the final merit list. Punjab Judiciary Exam Pattern & Marks Distribution • Prelims: 125 objective questions (2 hours), negative marking for wrong answers. • Mains: Five papers, each carrying 150 marks. • Interview: 100 marks. To qualify, candidates must secure minimum marks in each stage as prescribed by the High Court. Preparation Tips for Punjab Judiciary Exam 2025 • Master Bare Acts: Read sections thoroughly with illustrations. • Stay Updated: Follow recent amendments, judgments, and legal developments. • Practice Writing: Especially for Mains – focus on structuring answers. • Work on Languages: Improve English and Punjabi writing skills. • Mock Tests & Previous Papers: Regular practice boosts confidence and accuracy. • Time Management: Allocate study hours wisely for Prelims and Mains subjects. Common Mistakes to Avoid ❌ Relying only on notes without reading Bare Acts ❌ Ignoring language papers (English & Punjabi) ❌ Neglecting current affairs and general knowledge ❌ Poor time management during exams FAQs on Punjab Judiciary Syllabus 2025 Q1. Is Punjabi language paper compulsory? Yes, Paper V (Punjabi in Gurmukhi script) is mandatory for all candidates. Q2. Is there negative marking in the Prelims? Yes, one-fifth (0.20) marks are deducted for each wrong answer. Q3. What is the weightage of the Interview? The Interview carries 100 marks and is essential for final selection. Q4. How many attempts are allowed? As per the official notification, candidates can appear until they cross the prescribed age limit. Conclusion The Punjab Judiciary…

Interview, judiciary, Law, Recruitment

Haryana Judicial Service Syllabus 2025 By TOA

September 23, 2025September 23, 2025 toahostinger No Comments

Haryana Judicial Services Syllabus 2025 – Complete Guide by Theory of Abrogation Introduction The Haryana Judicial Services Exam (Civil Judge, Junior Division) is conducted by the Haryana high in the cadre of Haryana Public Service Commission (HPSC) to recruit judges for the lower judiciary. Aspirants aiming to become Civil Judges must clear a three-stage process: Preliminary, Mains, and Interview. >Here is the detailed Haryana Judicial Services syllabus based on Haryana Judiciary’s official syllabus. Eligibility Criteria • Educational Qualification: Bachelor of Laws (LL.B.) from a recognized university, approved by the Bar Council of India. The degree entitles a candidate to be enrolled as an Advocate under the Advocate Act,1961,and the rules made there under NOTE: The candidate must hold a degree of Bachelor of Law on the last date on receipt of the application form. • Age Limit: Minimum 21 years, Maximum 42 years. • Age Relaxation: Provided for SC/ST/BC and other reserved categories as per government rules. Exam Pattern of Haryana Judicial Services The Haryana Judicial Services exam is conducted in three stages – Preliminary, Mains, and Interview. The Preliminary Exam is an objective-type paper consisting of 125 multiple-choice questions. Each question carries 4 marks, making the total 500 marks. There is also a negative marking of 0.8 mark for every wrong answer. The syllabus includes current events, Indian legal history, constitutional development, and all the major statutes that are later covered in the Mains exam, such as Civil Law I, Civil Law II, and Criminal Law. The Mains Exam is descriptive in nature and comprises five papers: Civil Law I, Civil Law II, Criminal Law, English, and Hindi (Language). Each paper has a duration of three hours. The three law papers—Civil Law I, Civil Law II, and Criminal Law—carry 200 marks each, while English and Hindi language papers carry 100 marks each. The Mains stage is designed to test in-depth knowledge of law as well as proficiency in language. Finally, the Interview or Viva-Voce stage carries 200 marks. It is a personality test where candidates are evaluated not only on their legal awareness but also on general knowledge, presence of mind, communication skills, ethical approach, and suitability for judicial office. To be eligible for the interview, candidates must secure the minimum qualifying marks in the Mains examination, which is 50% for general candidates with certain relaxations for reserved categories. Detailed Syllabus of preliminary 2025 General Aptitude • Simple and compound interest • Ratio and proportion • Area and volume • Profit and loss • General statistical analysis • Probability • Arithmetic, geometric, and harmonic progression • Sequence and series • Indices and numbers • Speed, distance, and time • Percentage >English • Words and phrases • Synonyms and antonyms • Active and passive voice • Coordination and subordination • Direct and indirect speech • Idioms • Tenses >Analytical Skills • Arithmetic ability • Business computations • Quantitative aptitude • Data analysis • Date, time, and arrangement problems • Sequence and series > General Knowledge • Current affairs • Names of governors • Economic terminologies • Domestic and foreign policy knowledge • Science and technology • Names of ministers • Currencies and capitals • Books and authors • Abbreviations • Sports >Reasoning • Blood relations • Coding and decoding • Alphanumeric series problems • Data sufficiency • Permutations and combinations • Puzzle problems • Syllogism Candidates must prepare thoroughly in all these subjects to succeed in the Haryana Judiciary Preliminary Exam 2025. Detailed Haryana Judicial Services Syllabus (Mains)-2025 1. Civil Law – I • Code of Civil Procedure, 1908 • Punjab Courts Act, 1918 • Indian Contract Act, 1872 • Indian Partnership Act, 1932 • Sale of Goods Act, 1930 • Specific Relief Act, 1963 Haryana Urban (Control of Rent and Eviction) Act, 1973 2. Civil Law – II • Hindu Law • Mohammedan (Muslim) Law • Customary Law • Law of Registration • Law of Limitation 3. Criminal Law Indian Penal Code (IPC) Code of Criminal Procedure (CrPC) Indian Evidence Act 4. English Paper • Essay (1000–1100 words) • Precis Writing • Words & Phrases • Comprehension • Corrections (Grammar & Usage) 5. Hindi Language Paper • Translation from English to Hindi • Explanation of Hindi Prose and Poetry passages • Composition, Idioms, and Corrections Marks Distribution • Prelims: 500 marks (125 questions × 4) with negative marking of −0.8 per wrong answer. • Mains: Civil Law I, Civil Law II, and Criminal Law carry 200 marks each; English and Hindi papers carry 100 marks each. • Interview: 200 marks. Candidates must secure the minimum qualifying marks in Mains to be eligible for the Interview. For general candidates, at least 50% aggregate is required, while reserved categories get certain relaxations. Selection Process 1. Prelims: Screening test (MCQs) to shortlist candidates. 2. Mains: Written descriptive exam to evaluate legal knowledge and language skills. 3. Viva-Voce / Interview: Conducted for shortlisted candidates to assess personality, judicial aptitude, and suitability. Frequently Asked Questions (FAQs) on Haryana Judicial Services Exam Q1. What is the age limit for Haryana Judicial Services? The minimum age is 21 years, and the maximum age is 42 years. Reserved categories such as SC/ST/BC and other groups enjoy age relaxations as per government norms. Q2. How many attempts are allowed in the Haryana Judicial Services exam? The Haryana Public Service Commission (HPSC) does not specify any fixed number of attempts. Candidates can appear as long as they meet the age limit and eligibility criteria. Q3. What is the exam pattern for Haryana Judicial Services? The exam is conducted in three stages – Preliminary (objective MCQ), Mains (descriptive written exam), and Interview (viva-voce). The Prelims is for screening,…

judiciary, Law, Legal

SUPREME COURTS STAYS WAQF AMENDMENT 2025:INTERIM ORDER EXPLAINED

September 22, 2025September 22, 2025 toahostinger No Comments

Supreme Court Stays Waqf (Amendment) Act 2025: Interim Order Explained Supreme Court stays key provisions of Waqf (Amendment) Act 2025 including the 5-year Islam practice requirement and government authority over Waqf lands. Read a brief, SEO-optimized summary of the interim order. Overview On September 14, 2025,6 challenging the Waqf (Amendment) Act 2025. The bench of Chief Justice BR Gavai and Justice AG Masih issued directives to safeguard Waqf property rights and prevent arbitrary application of the law until the state governments frame rules for implementation. >Highlights of the Supreme Court Interim Order 1. Stay on 5-Year Islam Practice Requirement • The Act required a person to be a practitioner of Islam for at least five years to create a Waqf. • The Supreme Court stayed this provision until State Governments frame rules to determine the criteria. • Without clear rules, the Court noted the provision could lead to arbitrary decisions. 2. Stay on Government Derecognition of Waqf Land • The Amendment allowed Collectors or government officers to derecognize Waqf property during disputes. • The Court stayed this provision, emphasizing that disputed Waqf land will remain unaffected until ownership is determined by a tribunal or court. • No third-party rights can be created on these lands during the pendency of disputes. 3. Composition of Waqf Bodies • Central Waqf Council: Maximum 4 non-Muslim members. • State Waqf Boards: Maximum 3 non-Muslim members. • This ensures representation of Muslims while maintaining inclusivity. 4. Appointment of CEO in State Waqf Boards • Non-Muslims can be appointed as CEOs, but the Court directed that preference should be given to Muslims wherever possible. • This balances inclusivity with religious representation in leadership roles. 5. Registration Requirements • The registration provisions remain operative. • Timeline extensions were granted to ensure compliance and avoid hardship. Significance of the Interim Order The Supreme Court’s decision is significant for: • Protecting Waqf property rights during disputes. • Preventing arbitrary application of the law. • Maintaining separation of powers between government and Waqf administration. • Ensuring representation of Muslims in administrative positions while allowing inclusivity. FAQ – Waqf (Amendment) Act 2025 Interim Order Q1: What is the 5-year Islam practice requirement in the Waqf Act? A1: It requires a person to be a practitioner of Islam for five years to create a Waqf. The Supreme Court has stayed this provision until state rules are framed. Q2: Can the government derecognize Waqf lands during disputes? A2: No. The Court has stayed this provision until tribunals or courts decide ownership disputes. Q3: How many non-Muslim members can be part of Waqf bodies? A3: In the Central Waqf Council, max 4 non-Muslims; in State Waqf Boards, max 3 non-Muslims. Q4: Can non-Muslims be CEOs of State Waqf Boards? A4: Yes, but preference should be given to Muslims wherever possible. Q5: Are registration provisions affected? A5: No. They remain operative, with timeline extensions granted. Conclusion The Supreme Court interim order on Waqf (Amendment) Act 2025 ensures protection of Waqf property rights, prevents arbitrary implementation, and maintains separation of powers. The decision is a critical step in safeguarding the rights and administration of Waqf institutions in India. To start your preparation for Judicial Services Examination at home, drop a message on WhatsApp +91 8840961324 or call us on +91 9151591324 At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 +91 9971399324 | +91 8840961324 [email protected]

LANDMARKS, Law, Legal

Order 27 and Section 79-82 under CPC

September 1, 2025 toahostinger No Comments

Suits by or Against the Government and Public Officers under CPC (Sections 79–82 & Order 27) In this Article: Learn about suits by or against the Government and public officers under CPC (Sections 79–82 read with Order 27). Explained with rules of notice under Section 80 CPC, essentials, exceptions, case laws, and judicial interpretation. Introduction The Code of Civil Procedure, 1908 (CPC) provides special provisions for suits involving the Government and public officers under Sections 79 to 82 read with Order 27. These rules ensure that the Government, being a large legal entity, gets proper representation and protection while also balancing the rights of individuals who seek justice against it. Parties to Suits (Section 79 & Order 27 Rule 3) In every suit by or against the Government: • Union of India → in cases involving the Central Government. • State → in cases involving the State Government. 👉 There is no need to mention detailed names or addresses of government departments in the plaint. Public Officer Suits (Order 27 Rule 5A): When a public officer is sued in his official capacity, the Government must also be made a party to the suit. Rule of Notice – Section 80 CPC One of the most significant provisions is Section 80 CPC, which mandates a two-month prior written notice before filing a suit against the Government or a public officer for acts done in official capacity. Object of Notice The main purpose is: 1. To allow the Government or officer to examine the claim. 2. To settle disputes outside court and avoid unnecessary litigation. Case Law: • Amar Nath v. Union of India, AIR 1960 SC 424 – Notice allows the Government to consider settlement. • Bihari Chaudhary v. State of Bihar, (1984) 2 SCC 627 – A suit filed before expiry of notice period is not maintainable. Essentials of a Valid Notice [Section 80(1)] A valid notice must include: • Name, description, and address of the claimant. • Clear statement of cause of action. • Relief(s) claimed. Exception to Notice Requirement [Section 80(2)] Notice is not mandatory when: • The suit is filed for urgent or immediate relief against the Government or a public officer. • Court’s permission (leave) is obtained before institution. However: • No ex parte relief can be granted without hearing the Government. • If urgency is not proved, the court may return the plaint for compliance with Section 80(1). Effect of Errors in Notice [Section 80(3)] A suit cannot be dismissed merely because of minor errors or defects in the notice, if: • The notice has been duly served, and • It substantially contains the plaintiff’s identity, cause of action, and relief claimed. Case Law: Y. Savarimuthu v. State of Tamil Nadu (2019) – Substantial compliance is sufficient. Does “Government” Include Semi-Government Organizations? A key question often arises: Does Section 80 CPC apply to statutory corporations or government companies? Judicial Interpretation • Kamta Prasad Singh v. Regional Manager, FCI, AIR 1974 Pat 376 – FCI is not “Government” under Section 80 CPC. • Kerala SEB v. Kurien, AIR 1989 Ker 86 – Statutory corporations may be “State” under Article 12, but not “Government” under CPC. • Hindustan Petroleum Corp. Ltd. v. A.K. Annadurai (1994) – Government-owned companies are not covered under Section 80. Conclusion: The term “Government” in Section 80 CPC strictly refers to: • The Union of India, or • A State Government. It does not extend to statutory corporations, government companies, or semi-government organizations. Conclusion The provisions under Sections 79–82 and Order 27 CPC ensure a structured framework for handling suits involving the Government and public officers. While Section 80 CPC notice is mandatory in most cases, exceptions exist for urgent matters. Judicial interpretation has clarified that statutory corporations and semi-government bodies, though considered “State” under Article 12 of the Constitution, are not “Government” under CPC. Thus, Section 80 balances the interests of individuals seeking justice and the Government’s need for administrative efficiency. To start your preparation for Judicial Services Examination at home, drop a message on WhatsApp +91 8840961324 or call us on +91 9151591324 At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 +91 9971399324 | +91 8840961324 [email protected]

Code of Civil Procedure(CPC), Interview, judiciary

order 22 and 23 cpc

August 31, 2025August 31, 2025 toahostinger No Comments

Order 22 and 23 CPC: Death, Marriage, Insolvency of Parties, Withdrawal and Compromise of Suits Civil litigation is often lengthy, and during the pendency of a suit, circumstances like death, marriage, insolvency, or settlement may arise. The Code of Civil Procedure, 1908 (CPC) deals with such contingencies under Order 22 (Death, Marriage and Insolvency of Parties) and Order 23 (Withdrawal and Compromise of Suits). These provisions ensure that justice is not defeated due to changes in the status of parties or technical defects. Order 22 CPC: Death, Marriage and Insolvency of Parties Order 22 governs situations where one of the parties to a suit or appeal dies, marries, or becomes insolvent. It ensures continuity of proceedings, provided the right to sue survives. 1. Death of a Party (Rules 1–6, 9, 10A) • Rule 1: A suit does not abate if the right to sue survives. • Time Limits: • Substitution of Legal Representatives (LRs) → within 90 days (Article 120, Limitation Act). • Setting aside abatement → within 60 days (Article 121). • Delay condonation possible under Section 5, Limitation Act. Cases where the right to sue survives: • Possession suits by landlord against tenant. • Specific performance of a contract. • Partition suits. • Pre-emption suits. Cases where the right to sue does not survive: • Defamation. • Malicious prosecution. • Assault or personal injury. • Breach of promise to marry. • Contracts involving personal skill. Key Principle: 👉 Actio personalis moritur cum persona – A personal right of action dies with the person. Important Rulings: • M. Veerappa v. Evelyn Sequeira (1988 SC): If based on tort → suit abates; if partly contract → contract part survives. • Melepurath Sankunni v. Thekittil Geopalankutty (1986 SC): Defamation appeal abates if plaintiff dies, but if decree already passed, LRs can continue. 2. Marriage of Female Party (Rule 7) Marriage of a woman does not abate the suit. The decree binds her and, if applicable, her husband (with court’s permission). 3. Insolvency of Plaintiff (Rule 8) If a plaintiff becomes insolvent: • The assignee/receiver may continue the suit for creditors’ benefit. • If they refuse, the defendant may apply for dismissal. 4. Abatement (Rule 9) If substitution is not made within time → suit abates. • No fresh suit on the same cause of action is allowed. • Remedy: Apply for setting aside abatement by showing sufficient cause. 5. Determination of Legal Representative (Rule 5) The court decides who qualifies as a legal representative through summary inquiry. 6. Duty of Pleader (Rule 10A) If a pleader learns that their client has died, they must inform the court, ensuring smooth substitution. 7. Applicability of Order 22 • ✔ Applies to suits and appeals. • ❌ Does not apply to execution proceedings, writs, or revisions. Case Law: • Mithailal Dalsangar Singh v. Annabai Devram Kini (2003 SC): Abatement automatic after 90 days; revival possible on sufficient cause. Order 23 CPC: Withdrawal and Compromise of Suits Order 23 deals with situations where the plaintiff either wishes to withdraw a suit or where parties decide to compromise. 1. Withdrawal of Suit (Rule 1–2) (a) Without Court’s Permission • Plaintiff may abandon suit/claim. • Cannot file a fresh suit on the same subject matter. (b) With Court’s Permission • Allowed when: 1. Formal defect exists (e.g., wrong jurisdiction, mis-joinder, valuation error). 2. Sufficient ground exists (e.g., premature filing, infructuous suit). 👉 Effect: Plaintiff may file a fresh suit on the same subject. Important Point: In representative suits or where plaintiff is a minor, court’s permission is mandatory. 2. Transposition of Defendant as Plaintiff (Rule 1A) If the plaintiff withdraws, a defendant may seek to be transposed as plaintiff to continue the suit. 3. Fresh Suit and Limitation (Rule 2) Even if permission is granted, limitation law applies as if the first suit was never filed. 4. Compromise of Suit (Rule 3) Essentials of a Compromise Decree: • Lawful agreement/compromise. • Must be in writing & signed by parties. • Court records it and passes a compromise decree. Judicial Duty: Court must ensure the compromise is lawful and valid. Special Cases: • In representative suits, compromise requires court’s leave [Rule 3B]. • Compromise by pleader valid due to implied authority. Case Law: • Banwari Lal v. Chando Devi (1993 SC): Court can recall compromise obtained by fraud or misrepresentation. • Shankar v. Balkrishna (1954 SC): Compromise decree acts as estoppel. 5. Appeal Against Compromise Decree • Section 96(3) CPC: No appeal lies against a consent decree. • Order 23 Rule 3A: No separate suit to challenge compromise. • Remedy: Challenge before trial court under Proviso to Rule 3, then appeal under Section 96(1). Recent Case: • Sakina Sultanali v. Shia Imami Ismaili Momin Jamat Samaj (2025 SC): Compromise validity must first be challenged before trial court. Key Differences Between Order 22 and Order 23 Order 22 CPC primarily deals with situations where there is a change in the status of parties during the pendency of a suit, such as death, marriage, or insolvency. The focus under this order is on whether the right to sue survives. If the right to sue is of a personal nature, the suit abates automatically with the death of a party, but if it is transferable, the suit continues against or by the legal representatives. Thus, Order 22 is concerned with the continuity of the proceedings when a party is no longer able to represent themselves due to such changes. On the other hand, Order 23 CPC deals with the withdrawal and compromise of suits. Here, the focus is not on the survival of a right but on the intention of the plaintiff or parties. A plaintiff may withdraw a suit either with or without the court’s permission. If withdrawn without permission, a fresh suit on the same subject matter is barred. However, with the court’s permission, a plaintiff may withdraw and institute a new suit, particularly in cases of formal defects or sufficient grounds….

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