2. DEFINITION OF LAW
• Law refers to a system of rules and regulations that are established and
enforced by a governing authority, typically a government.
• These rules are designed to govern the behavior of individuals and
groups within a society, providing a framework for resolving disputes,
maintaining order, and promoting justice.
3. DEFINITION OF COURT
• A court is a governmental body or institution with the authority to
adjudicate legal disputes, interpret and apply the law, and administer
justice.
• Courts play a crucial role in the legal system by resolving conflicts,
determining guilt or innocence in criminal matters, and awarding
remedies or damages in civil cases.
4. DEFINITION OF JUDGE
• A judge is an impartial and authoritative official appointed or elected to
preside over legal proceedings in a court.
• Judges are responsible for interpreting and applying the law, ensuring
fair and orderly proceedings, making legal decisions, and delivering
judgments.
• They play a crucial role in upholding the principles of justice.
5. BASIC LEGAL TERMINOLOGIES
• Plaintiff: The party bringing a legal action or lawsuit.
• Defendant: The party against whom a legal action or lawsuit is brought.
• Litigation: The process of taking legal action, especially through the
court system.
• Verdict: The formal decision or finding made by a jury in a trial.
• Appeal: A request to a higher court to review and overturn a decision
made by a lower court.
6. BASIC LEGAL TERMINOLOGIES
• Statute: A written law passed by a legislative body.
• Evidence: Information presented in court to support or refute a claim.
• Trial: A formal examination of evidence before a judge and, often, a jury,
to determine legal issues or facts in a case.
• Criminal Law: The body of law that deals with offenses against the state
or public, typically prosecuted by government authorities.
• Civil Law: The body of law that deals with disputes between private
parties, where one party seeks compensation or remedies from the
other.
7. CRIMINAL PROCEDURE CODE (CRPC)
• The Criminal Procedure Code (CrPC) is a legal document that outlines
the procedures and rules for the investigation and prosecution of
criminal offenses in a jurisdiction.
• It serves as a comprehensive guide for the administration of criminal
justice, ensuring fairness, transparency, and protection of the rights of
individuals accused of crimes.
8. KEY COMPONENTS OF CRPC
• Investigation
• Arrest and Custody
• Bail and Remand
• Charge and Trial
• Judgement and Sentencing
• Plea Bargaining
• Appeals and Revisions
• Miscellaneous Provisions
9. DIFFERENCE BETWEEN CIVIL AND
CRIMINAL JUSTICE
• The distinction between civil and criminal justice lies in the nature of the
legal actions, the parties involved, the purpose of the proceedings, and
the potential outcomes.
• It includes,
• Nature of the Proceedings
• Parties Involved
• Burden of Proof
• Purpose of Proceedings
• Outcome
10. NATURE OF THE PROCEEDINGS
• Civil Justice: In civil cases, the legal action is initiated by a private
individual or entity (the plaintiff) against another individual or entity (the
defendant) to seek a remedy for a perceived wrong. The wrong, known
as a "tort" or civil wrong, usually involves harm or injury, and the goal is
to obtain compensation or a specific remedy.
• Criminal Justice: In criminal cases, the legal action is initiated by the
government (prosecution) against an individual or entity (the accused)
for violating criminal laws. The focus is on punishing the offender for
committing a crime against the state or society.
11. PARTIES INVOLVED
• Civil Justice: The parties involved in civil cases are private individuals or
entities. The plaintiff seeks compensation or a remedy from the
defendant for a harm suffered.
• Criminal Justice: The parties involved in criminal cases are the
government (prosecution) and the accused. The government represents
the interests of society and seeks to punish the accused for violating
criminal laws.
12. BURDEN OF PROOF
• Civil Justice: The burden of proof in civil cases is typically on the plaintiff,
who must prove their case by a preponderance of the evidence. This
means that the plaintiff must show that it is more likely than not that the
defendant is responsible for the harm.
• Criminal Justice: The burden of proof in criminal cases is on the
prosecution, which must prove the guilt of the accused beyond a
reasonable doubt. This is a higher standard of proof than in civil cases.
13. PURPOSE OF PROCEEDINGS
• Civil Justice: The primary purpose of civil proceedings is to compensate
the injured party or restore them to their rightful position. Remedies in
civil cases may include monetary damages, injunctions, or specific
performance.
• Criminal Justice: The primary purpose of criminal proceedings is to
punish the offender for committing a crime, deter future criminal
behavior, and protect society. Penalties in criminal cases may include
fines, probation, imprisonment, or other punitive measures.
14. OUTCOME
• Civil Justice: The outcome of civil cases often results in the payment of
damages or the enforcement of a specific remedy to address the harm
suffered by the plaintiff.
• Criminal Justice: The outcome of criminal cases may involve the
conviction of the accused and the imposition of penalties such as fines,
imprisonment, probation, or other punitive measures.
15. OBJECT OF PUNISHMENT
• Retribution: Retribution focuses on the idea that punishment should be
proportional to the severity of the offense. It seeks to balance the scales
of justice by imposing harm or deprivation on the offender
commensurate with the harm caused by the crime. The underlying
philosophy is that the punishment is deserved and serves as a form of
payback for the wrongdoing.
• Deterrence: Deterrence aims to prevent the offender and others in
society from committing crimes. It operates on the principle that the
fear of punishment will discourage individuals from engaging in criminal
behavior.
16. OBJECT OF PUNISHMENT
• Rehabilitation: Rehabilitation focuses on the idea that punishment
should aim to reform the offender. The goal is to address the root causes
of criminal behavior, provide education or therapy, and facilitate the
individual's reintegration into society as a law-abiding citizen.
Rehabilitation emphasizes the idea that offenders can be transformed
and reintegrated into society with appropriate interventions.
• Restoration or Restorative Justice: Restoration emphasizes repairing the
harm caused by the crime and restoring relationships between the
offender, the victim, and the community. It seeks to involve all
stakeholders in the resolution process, promoting accountability,
empathy, and reconciliation. The objective is to repair the social fabric
disrupted by the crime.
17. OBJECT OF PUNISHMENT
• Incapacitation: Incapacitation aims to prevent the offender from
committing further crimes by removing them from society. This can be
achieved through imprisonment, house arrest, or other forms of
confinement. The objective is to protect the community by physically
preventing the offender from engaging in criminal activities.
• Public Safety: Ensuring public safety is a fundamental goal of
punishment. By detaining or penalizing individuals who pose a threat to
society, the justice system aims to create a safe environment for the
community. This objective aligns with the broader goal of maintaining
law and order.
18.
19. COGNIZABLE OFFENSES
• Definition: Cognizable offenses are more serious crimes for which a
police officer can make an arrest without a warrant. These offenses
generally involve significant harm to individuals or society, and the
police have the authority to investigate and arrest suspects without
needing a court-issued warrant.
• Examples: Offenses such as murder, robbery, kidnapping, assault, and
other major crimes are typically classified as cognizable offenses.
20. NON-COGNIZABLE OFFENSES
• Definition: Non-cognizable offenses are generally less serious offenses
where the police cannot make an arrest without a warrant. In these
cases, the police are required to obtain a warrant from a magistrate
before arresting a suspect. Non-cognizable offenses often involve
relatively minor harm or private disputes.
• Examples: Offenses such as defamation, simple assault, and offenses
punishable by less severe penalties are often classified as non-
cognizable.
21. BAILABLE OFFENSES
• Definition: Bailable offenses are those for which the accused has the
right to seek bail from the court. The court, upon the accused's
application, may grant bail, usually with or without certain conditions or
a bail amount.
• Examples: Offenses such as minor assaults, theft, and certain property
crimes are often classified as bailable offenses. The severity of the
offense and the specific legal provisions determine whether an offense is
bailable.
22. NON-BAILABLE OFFENSES
• Definition: Non-bailable offenses are more serious crimes for which the
accused does not have an automatic right to bail. The decision to grant
bail is at the discretion of the court, and the accused may need to
provide strong reasons to justify release.
• Examples: Offenses such as murder, rape, and other serious crimes are
typically classified as non-bailable offenses. These offenses involve
significant harm to individuals or society, and the court may exercise
caution in granting bail.
23. SENTENCES WHICH THE COURT OF
CHIEF JUDICIAL MAGISTRATE MAY PASS
• Imprisonment: The CJM may pass sentences of imprisonment for individuals convicted
of criminal offenses. The length of imprisonment can vary based on the seriousness of
the crime and the legal provisions.
• Fine: The CJM has the authority to impose fines on individuals convicted of offenses.
Fines serve as a financial penalty and may be determined based on the nature of the
offense and the ability of the offender to pay.
• Probation: In certain cases, the CJM may pass a sentence of probation, where the
offender is allowed to remain in the community under certain conditions. If the
conditions are violated, the original sentence may be enforced.
• Community Service: The CJM may order an offender to perform community service as
an alternative to imprisonment. Community service sentences typically involve the
completion of a specified number of hours of unpaid work for the benefit of the
community.
24. SENTENCES WHICH THE COURT OF
CHIEF JUDICIAL MAGISTRATE MAY PASS
• Restitution: The CJM may order the offender to pay restitution to the
victim, compensating them for any losses or damages resulting from the
offense.
• Compensation Orders: In addition to fines or restitution, the CJM may
order the offender to pay compensation to the victim for physical or
emotional harm suffered.
• Forfeiture of Property: In certain cases, the CJM may have the authority
to order the forfeiture of property or assets acquired through criminal
activities.
• Binding Over: The CJM may release an offender on the condition of
good behavior, with the requirement to pay a bond. If the individual
violates the conditions, the bond may be forfeited.
25. INDIAN PENAL CODE
• The Indian Penal Code (IPC) is the primary criminal code of India,
enacted in 1860 during the British colonial era. It serves as the
foundational legal document defining criminal offenses and prescribing
penalties for various unlawful acts.
• The IPC is divided into 23 chapters, containing 511 sections as of its
original enactment. Amendments and additions have been made over
the years.
• Each section addresses a specific criminal offense, providing definitions,
elements of the offense, and prescribed penalties.
26. INDIAN EVIDENCE ACT
• The Indian Evidence Act, 1872, is a key legislation in India that deals with
the rules and procedures regarding the admissibility of evidence in legal
proceedings.
• The Act provides a framework for the presentation and evaluation of
evidence in civil and criminal trials.
• The Act applies to all judicial proceedings in India, both civil and
criminal, in courts of law.
• The Act defines the concept of "relevant facts" and establishes rules for
determining the relevancy of evidence in legal proceedings.
27. THE UPDATE
• CrPC The Bhartiya Nagrik Suraksha Sanhita
• IPC The Bharatiya Nyay Sanhita
• IEA Bharatiya Sakshya Sanhita
