1. CIVIL AND CRIMINAL LAW
An overview
Prepared ByPrepared By,,
Praveena.P.VPraveena.P.V
22ndnd
B.Ed Physical ScienceB.Ed Physical Science
Keyi Sahib Training College-ThaliparambKeyi Sahib Training College-Thaliparambaa
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2. ∗ Section 2
Contract is a an agreement enforceable by law
∗ Section 10
All agreements are contracts if they are made by the free
consent of parties competent to contract for a lawful
consideration and with a lawful object and are not herby
expressly declared to be void.
An offer when accepted becomes a contract.
Consideration means the payment in money or kind in return.
∗ Section 25
An agreement without consideration is void.
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Indian Contract Act, 1872
3. 1. Should not be a minor
2. Should not be unsound
3. Should not be a pauper
4. Should not be barred by law
5. Should be able to give free consent
Consent should be free from;
a) Fraud
b) Misrepresentation
c) Coercion
d) Undue influence
e) Mistake
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Capacity or Competency to Contract
4. Substantive law: defines, explains and codifies rights,
duties, offences and penalties of different nature.
Procedural law: explains the procedure to be followed
when the provisions of substantive law are violated.
Indian Contract Act,1872 is a substantive law explains
the legality of contracts.
Civil Procedure Code, 1908 is a procedural law explains
the procedure to be followed when provisions of the
Indian Contact Act are violated.
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Law has two main parts
5. Hierarchy of Courts
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SUPREME COURT OF INDIA
Judicial First Class Magistrate Courts/
Metropolitan Magistrate Courts
High Courts
District Courts Sessions Court
Munciff Courts/ City Civil Courts
High Courts
Civil Courts of Law Criminal courts of Law
6. Section 11: Res Judicata (Bar on multiple litigations)
No court shall try a case which was tried and decided by the same court
earlier or by a similar court earlier.
Procedure for filing a Civil Suit (case)
∗ First step is submission of plaint by the petitioner. It details about the
grievance of the petitioner (Plaintiff)
∗ Next step is summons by the court to the opposite party (Defendant)
∗ Next step is submission of written statement by the opposite party
(Defendant)
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Code of Civil Procedure, 1908
7. ∗ Next step is arguments, collection of evidence enquiring by
appointing commission and examination of witness by the court.
∗ Arguments have both written and oral submissions.
∗ PW1, PW 2, PW 3, ……….. Etc. means (Plaintiff Witness 1,2,3,…
etc)
∗ DW 1, DW2, DW3, ……….etc. means….(Defendant Witness 1,2,3,
………etc)
∗ Exhibit 1, Exhibit 2, Exhibit 3,……………..etc. means (Documents
exhibited or submitted to the court along with plaint or written
statement etc.)
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Procedure for filing a Civil Suit (case) contd…..
8. Inter Locutory Application
Application submitted by plaintiff or defendant during
the pendency of the suit for some interim orders.
Inter Locutory Order
Order issued by the Court during the pendency of a suit
on some temporary and urgent matter in the issue like
stay on construction or modification of a building or wall
or sale or transfer of a plot etc. till the final disposal of
the case.
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9. Judgment
It is the final order of a court which decides, determines,
creates any right, duty or remedy of any party to the
dispute conclusively
Execution Order
It is the order of a court to execute or implement
judgment in a suit within a reasonable time.
Appeal
It is the provision for filing a complaint to a higher court to
reopen and decide a case already decided by a lower court.
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10. ∗ Indian Penal Code 1860 is the basic criminal law of the country.
∗ IPC is a substantive law defining and explaining offences and
penalties under criminal law.
∗ Code of Criminal Procedure, 1973 is the Procedural Law which
explains the procedure to be followed when any of the offences
under IPC or any other law is committed.
∗ Offence is an act or omission punishable by law (Section 40 of
IPC)
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Criminal Law
11. ∗ “Actus non facit reum Nissi Mens it rea”
Latin maxim means an act does not constitute guilt
unless done with guilty intention.
∗ No one is guilty unless proved beyond
reasonable doubt.
∗ Presumption of innocence in favour of the
accused.
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Principles of Criminal Law
12. ∗ S.299 IPC - Culpable Homicide
Killing of human being without that intention
∗ S.300 IPC- Murder
Killing of human being with intention.
∗ S. 375 IPC- Rape
Forcefully committing sexual intercourse against the will of a
woman
Consensual sexual intercourse also will come under S.375 if
the girl’s age is below 15.
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Major offences under Criminal Law
13. ∗ Section. 41: Arrest of person- Police Officer can arrest without
warrant from the magistrate in case of serious offences.
In minor offences Arrest can be done with warrant only.
∗ Warrant
Direction issued by a Court of Law to arrest and produce a person
before that Court
∗ Bail
In minor offences Police Officer can release a person on surety of
some responsible persons
∗ In serious offences the arrested person should be produced
before a magistrate within 24 hours of the arrest and magistrate
shall grant or refuse bail in accordance with law.
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14. ∗ Anticipatory Bail- Section 438 CrPC
The High Court or Sessions Court can grant
anticipatory bail if a person convinces the Court
that he has an apprehension of being arrested,
tortured and victimized without reasonable cause.
∗ When an offence is committed, the police arrests the
offender, prepares the FIR and charge sheet and the
criminal court conducts the trial based on the
investigation and collection of evidence.
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15. ∗ Chief Examination- Examination of a witness by his own
advocate (Direct question only)
∗ Cross examination- Examination of a witness by the opposite
party’s advocate. (Indirect and provoking questions also)
∗ Re examination- Examination of a witness or hostile witness by
the opposite advocate.
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16. ∗ Custody
Court gives an accused to police custody for collection of
evidence as part of investigation.
∗ Parole
A convict (punished offender) is granted release for a short term
for special purpose in accordance with law.
∗ Remand - Judicial custody
Keeping an accused in prison during trial.
∗ Probation
Release granted to a convicted person on some terms and
conditions based on his good behaviour and character.
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17. ∗ Mistake of Fact. Section 79 of IPC.
∗ Accident. Section 80 of IPC.
∗ Absence of Criminal Intention. Section- 81 of IPC
∗ Infancy – Section 82 of IPC not an offence if the child committing
it is under the age of seven.
∗ Infancy – Section 83 of IPC – If the child committing the offence is
between the age of seven and twelve he shall be convicted on
proof of his intention and extra capacity and understanding.
∗ Insanity. Section 84 of IPC.
∗ Intoxication. Section 85 of IPC (Involuntary or forced drinking)
∗ Private Defense. Section 96 of IPC (Extreme necessity)
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General Exceptions or defenses available to an accused under
IPC 1860
18. ∗ The civil as well as Criminal Laws of the
country are strong enough to determine the
rights and duties of individuals and to prevent
the commission of offences.
∗ However, the administration of justice is
diluted to a great extent due to the
corruption and malpractices prevalent among
legislature, executive and judiciary as well.
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Conclusion
