Unit 1 introduction to law

Introduction
The word 'Law' has been derived from the Teutonic word 'Lag, which
means 'definite'. On this basis Law can be defined as a definite rule of conduct
and human relations. Law can be said to be a principle and regulation established
in a particular community by an authority and applicable to its people, whether in
the form of legislation or custom and policies recognised and enforced by State
authority.
According to John Chipman Grey, who was a Harvard Law School
professor, “the Law of the State or of any organised body of men is composed of
the rules which the courts, that is the judicial organ of the body, lays down for the

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determination of legal rights and duties”.
Some important definition of law

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● According to Austin, “Law is a command of the sovereign backed by a
sanction.”
● According to Salmond “the law may be defined as the body of principles
recognized and applied by the state in the administration of Justice”.
● Thomas Erskine Holland also measures or defines law with preference to
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sovereign devoid of moral, ethical or ideal elements which are foreign to
law.
● According to Kelson, legal order is the hierarchy of the norms, every
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norm derives its validity from the superior norm and finally there is
highest norm known as grundnorm
Sources of law
John Salmond, a legal scholar renowned for his ideologies on law, classified the
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sources of law into mainly two categories,i.e., material sources and formal
sources.
❖ Material sources
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Material sources of law are those sources from which the law gets its content or
matter, but not its validity. There are two types of material sources which are legal
sources and historical sources.
1. Legal sources
Legal sources are the instruments used by the state which create legal rules.
They are authoritative in nature and followed by courts of law. These are the
sources or instruments that permit newer legal principles to be created.
According to Salmond, legal sources of English law can be further classified
into four categories-
Legislation,
Precedent,
Customary law, and
Conventional law.
2. Historical sources
Historical sources are sources that influence the development of law without
giving effect to its validity or authority. These sources influence legal rules
indirectly. The difference between legal and historical sources is that all laws
have a historical source but they may or may not have a legal source. Decisions
given by foreign courts serve as an example for this kind of source.
❖ Formal sources
Formal sources of law are the instruments through which the state manifests its

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will. In general, statutes and judicial precedents are the modern formal sources
of law. Law derives its force, authority, and validity from its formal sources.

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The different legal sources of law are:
Precedent as a source of law
Judicial precedents refer to the decisions given by courts in different cases. A
judicial decision has a legal principle that is binding on the subordinate courts.
Once a court has delivered a judgement on a particular case, the courts
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subordinate to it must abide by the precedent while deciding on similar cases
with similar facts. Some of the most influential judicial precedents in India are
the following:
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➔ Kesavananda Bharati v. The State of Kerala (1973): This case is what
introduced the concept of the basic structure doctrine in India, protecting
the fundamental features of the Indian Constitution from being removed.
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➔ Gian Kaur v. The State of Punjab (1996): This judgement affirmed that
the right to die does not come within the scope of Article 21 of the Indian
Constitution. The court affirmed that every person has the right to die
with dignity. The court also stated that the right to die in a dignified
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manner is not the same as the right to die in an unnatural way.

Types of precedents
Authoritative and Persuasive- Authoritative precedents are those precedents that
must be followed by subordinate courts whether they approve of it or not. They
create direct and definite rules of law. They fall into the category of legal
sources of law. Persuasive precedents on the other hand do not create a binding
obligation on the judges. Persuasive precedents can be applied as per the
discretion of the judge.
Authoritative precedents can be classified into the following two types:
Absolute authoritative
An absolutely authoritative precedent is binding on subordinate courts in an
absolute manner and it cannot be disobeyed even if it is wrong.
Conditional authoritative
A conditionally authoritative precedent is binding on other judges but it can be
disregarded in certain special circumstances as long as the judge shows the
reason for doing so.
Original and Declaratory- According to Salmond, a declaratory precedent is a
precedent that simply declares an already existing law in a judgement. It is a
mere application of law. An original precedent creates and applies a new law.
Legislation as a source of law

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Legislation refers to the rules or laws enacted by the legislative organ of the
government. It is one of the most important sources of law in jurisprudence. The

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word legislation is derived from the words legis and latum, where legis means
law and latum means making.
Types of legislation
According to Salmond, legislation can be classified into two types- Supreme
and Subordinate.
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Supreme legislation- Legislation is said to be supreme when it is enacted
by a supreme or sovereign law-making body. The body must be powerful to the
extent that the rules or laws enacted by it cannot be annulled or modified by
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another body. Indian Parliament cannot be said to be a sovereign law-making
body as the laws passed by the parliament can be challenged in the courts. The
British Parliament, on the other hand, can be said to be a sovereign law-making
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body since the validity of laws passed by it cannot be challenged in any court.
Subordinate legislation - Legislation enacted by a subordinate
law-making body is said to be subordinate legislation. The subordinate body
must have derived its law-making authority from a sovereign law-making body.
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It is subject to the control of the supreme legislative body. The following are the
different kinds of subordinate legislation:
● Executive legislation: This is a form of subordinate legislation where the
executive is granted or conferred certain rule-making powers in order to
carry out the intentions of the legislature.
● Colonial legislation: Many territories across the globe were colonised by
Britain and such territories were called colonies. The legislation passed
by the legislature of such colonies was subject to the control of the British
Parliament.
 ● Judicial legislation: Courts also have a role in enacting laws that aid in
regulating the internal affairs and functioning of courts.
● Municipal legislation: Municipal authorities also possess the law-making
power as they enact bye-laws.
● Autonomous legislation: Another kind of legislation is autonomous
legislation, which is concerned with bodies like universities, corporations,
clubs, etc.
● Delegated legislation: Sometimes legislative powers may be delegated to
certain bodies by the parliament through principal legislation. A principal
act may create subsidiary legislation that can make laws as provided in
the principal legislation.

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Custom as a source of law
Custom refers to the code of conduct that has the express approval of the

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community that observes it. In primitive societies, there were no institutions that
acted as authority over the people. This led to people organising themselves to
form cohesive groups in order to maintain fairness, equality, and liberty. They
started developing rules with coordinated efforts to make decisions. They
eventually started recognising the traditions and rituals practised by the
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community routinely and formed a systematised form of social regulation. In
India, laws relating to marriage and divorce are mostly developed from customs
followed by different religious communities. Additionally, several communities
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belonging to the Scheduled Tribes category have their own customs related to
marriage. As a result of that Section 2(2) of the Hindu Marriage Act, 1955 has
exempted Scheduled Tribes from the application of this Act.
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valid custom
● Reasonability: The custom must be reasonable or practical and must
conform with the basic morality prevailing in the modern-day society.
● Antiquity: It must have been practised for time immemorial.
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● Certainty: The custom must be clear and unambiguous on how it should

be practised.
● Conformity with statutes: No custom must go against the law of the land.
● Continuity in practice: Not only the custom must be practised for time
immemorial, but it should also be practised without interruption.
● Must not be in opposition to public policy: The custom must adhere to the
public policy of the state.
 ● Must be general or universal: There must be unanimity in the opinion of
the community or place in which it is practised. Hence, it should be
universal or general in its application.
Types of customs
1. Customs without a binding obligation-There are customs that are
followed in society that do not have a legal binding force. Such customs
are related to clothing, marriage, etc. Not abiding by such customs can
only result in a social boycott and not legal consequences.
2. Customs with a binding obligation- Customs that are meant to be
followed by law are called customs with a binding obligation. They are
not related to social conventions or traditions.

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Classification of law
● Public Law can be defined as that aspect of Law that deals with the

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relationship between the state, its citizens, and other states. It is one that
governs the relationship between a higher party — the state — and a
lower one, the citizens. Examples of public law include Constitutional
Law, Administrative Law, Criminal Law, International Law and so on.
● Private law, on the other hand, is that category of the law that concerns
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itself with the relationship amongst private citizens. Examples include the
Law of Torts, the Law of Contract, the Law of Trust and so
Civil law in this regard can be defined as the aspect of Law that deals
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with the relationship between citizens and provides means for remedies if
the right of a citizen is breached. Examples of civil law include the Law
of Contract, the Law of Torts, Family Law etc.
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● Criminal Law, on the other hand, can be referred to as that aspect of Law
that regulates crime in the society. It punishes acts which are considered
harmful to the society at large.
● Substantive Law is the main body of the law dealing with a particular
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area of law. For example, the substantive law in relation to Criminal Law
includes the Criminal Code Act and the Penal Code Act.
● Procedural law, on the other hand, is law that deals with the process
which the courts must follow in order to enforce the substantive law.
Examples include the rules of the various courts and the Administration
of Criminal Justice Act 2015, which is the procedural law in relation to
the Criminal Code Act and the Penal Code Act.
● Municipal/Domestic law is the aspect of law which emanates from and
has effect on members of a specific state.
 ● International law, on the other hand, is the law between countries. It
regulates the relationship between different independent countries and is
usually in the form of treaties, international customs etc. Examples of
International law include the Universal Declaration of Human Rights and
the African Charter on Human and People’s Rights.
● A law would not be regarded as written just because it is written down in
a document. Written laws are those laws that have been validly enacted
by the legislature of a country.
● Unwritten laws, on the other hand, are those laws that are not enacted by
the legislature. They include both customary and case law. Customary
Law as part of its basic characteristic is generally unwritten. Case law,

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though written down in a documentary format, would be regarded as
unwritten law based on the fact that it is not enacted by the legislature.

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● Common Law and Equity: In the legal sense, the term common law
means the law developed by the old common law courts of the King’s
Bench, the Courts of Common Pleas and the Courts of Exchequer. The
English common law is regarded as such because it is law common to all
parts of England. It grew over time from the practices, customs and way
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of life of the people. It is largely unwritten. The first common law judge
was the King himself. People who had disputes usually brought them to
the King to settle them
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Contract definition
The Indian Contract Act, 1872 defines the term “Contract” under its
section 2 (h) as “An agreement enforceable by law”. In other words, we can say
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that a contract is anything that is an agreement and enforceable by the law of the
land. This definition has two major elements in it viz – “agreement” and
“enforceable by law”.
Agreement- section 2 (e), the Act defines the term agreement as “every
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promise and every set of promises, forming the consideration for each other”.
Now that we know how the Act defines the term “agreement”, there may be
some ambiguity in the definition of the term promise.
Promise- The Act in its section 2(b) defines the term “promise” here as:
“when the person to whom the proposal is made signifies his assent thereto, the
proposal becomes an accepted proposal. A proposal when accepted, becomes a
promise”.
 Enforceable By Law- Now let us try to understand this aspect of the
definition as is present in the Act. Suppose you agree to sell a bike for 30,000
bucks with a friend. Can you have a contract for this?
Well if you follow the steps in the previous section, you will argue that
once you and your friend agree on the promise, it becomes an agreement. But in
order to be a contract as per the definition of the Act, the agreement has to be
legally enforceable.

Thus we can say that for an agreement to change into a Contract as per the Act,
it must give rise to or lead to legal obligations. In other words, it must be within
the scope of the law. Thus we can summarise it as Contract = Agreement +

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Enforceable by law (C=A+E)
The Indian Contract Act, 1872 can be interpreted to cover all kinds of possible

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agreements and contracts. But, in several cases, it depends upon the facts and
circumstances whether an agreement is a contract or not. In a nutshell, all the
agreements which are legally enforceable become contracts. This concludes that
there can be agreements which are not contracts but there can be no contracts
which are not agreements.
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Punishments
The term ‘punish’ means to make someone suffer from a crime or for an
unlawful behaviour or the imposition of penalty as punishment for an offence.
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Some pain or penalty warranted by law, inflicted on a person, for the
commission of a crime or misdemeanour, or for the omission of the
performance of an act required by law, by the judgement and command of some
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lawful court.
Objective of punishments
The principal object of punish­ment is the prevention of offence, and a
national penal policy of the State should aim to protect the society and reclaim
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the criminal by evolving measures to prevent people from committing crimes.

Theories of punishments
1. Deterrent theory- according to this theory the object of punishment is not
to only prevent the wrongdoer from doing wrong a second time, but also
to make him an example to others who have criminal tendencies.
Salmond considered this theory would be best to control the crime. In
India it was followed during mughal period. Today some muslim
countries like pakistan, iraq, iran etc.., follow this theory.
 2. Retributive theory- This theory is based on "evil for evil". An offence
creates an imbalance in the society, and punishment or suffering is the
medium through which the balance is restored. It is simply the theory of
private vengeance. Revenge is the right of the injured person according to
Salmond. It means that a man should be dealt with as he has done with
others. The basis of this theory is that evil should be returned for evil. To
suffer punishment is to pay a debt due to the law that had been violated.
The rule is "A head for a head, a tooth for a tooth and a nail for a nail".
3. Preventive theory- The object of punishment is to prevent repetition of
the crime by rendering the offender incapable of again committing the
offence. The preventive theory of punishment aims at physical restraint.

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Prison became an institution because of this theory. In modern times, the
disability aspect has been emphasised by statutes conferring power to

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sentence habitual offenders to preventive terms of imprisonment,
penalties, forfeiture or suspension of driving licence, etc.
4. Reformative theory- The object of this theory is to reclaim the offender,
to make him a useful member of society by bringing about a change in his
character, and to give him a chance to lead a free life in Society.
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According to this theory, criminals are generally abnormal persons and
the interest of society is subserved by leaving these persons to the normal
law-abiding individuals. The stress here is shifted from crime to criminal.
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We must treat our criminals and not kill them. E.g. Educational discipline
of the criminal. Before awarding punishments the judge should look upon
the age, family background, character of the person etc..,
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5. Expiatory Theory- Expiatory theory of Punishment is based on morals.

According to this theory repentance or expiation by the offender itself is a
punishment. If the offender expiates or repents, he must be forgiven.
Expiatory theory of punishment was prevalent in ancient Indian criminal
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law. Expiations were performed by way of uttering mantras, fasting or

even burning oneself to death.
6. Theory of Compensation- According to Theory of Compensation the
object of punishment must not be merely to prevent further crimes but
also to compensate the victim of the Crime.
Kinds of punishments
● Capital punishment- means the legally authorized killing of someone as a
punishment of a crime, a death penalty for a crime. In simple words, it
means a government-sanctioned practice where a person is put to death
 by the state as a punishment for a crime. In ancient times, capital
punishment was executed for every small crime. It is the most extreme
form of punishment. The procedures of execution of the death penalty
have varied from time to time.
● Deportation- This punishment is given for dangerous offenders. In India,
this method is called transportation known as kalapani. It was abolished
in 1995. Nowadays it persists in a mini form popularly called externment.
The objective of externment offender is to dissociate him from his
surroundings. So, as to reduce his capacity to commit crime.
● Corporal- very common until late 18th century and its types
A. Flogging- means to whip or to beat with strap/ stick as punishment. The

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main object of this kind of punishment is deterrence, but it cannot serve
his purpose in case of hardened criminals. It is useful in case of minor

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offences. In India whipping was recognised as a mode of punishment
under the whipping act, 1864 and later in 1955 it was abolished.
B. Mutilation- ancient hindu period. In case of theft one or both the hands of
the offender were chopped off and same in case of sex offences, his/ her
private parts was cutoff. Now in most countries it is not in practice.
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C. Branding- mark on forehead. Example- if a person is found guilty or
theft, the word “ Theft or T” is branded on the forehead and the public
would call him/ identify him. In India it was practised during mughal rule
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or later abolished.
D. Chaining- chaining the offenders together by iron rods. So, their liberty
and mobility is completely restricted.
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E. pillory - in practice during 19th during. The offenders were nailed to

walls and shot or stoned to death. eg - islamic countries.
● Fine and confiscation of property- not serious in nature. Mostly during
breach of traffic and revenue laws, crimes related to property.
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● Imprisonment- it serves all the object of punishment like deterrent,

preventative, reformatting.
● Solitary confinement- In this type of punishment, convicts are confined in
solitary prison cells without any contact with their follow prisons.
● Indeterminate- the accused is not sent to imprisonment for any fixed
period. The period is left determinant at the time of the award. When the
accused shows improvement the sentence may be terminated.
 Unit 2- legal terms
Writ
The Supreme Court and the High Courts have been provided with many
powers which they exercise to provide justice to the people. One of the most
important tools or power which the courts have been provided with by the
constitution is the power to issue writs.
A Writ means a command of the Court to another person or authority by
which such person/authority has to act or abstain from acting in a certain way.
Thus, writs are a very essential part of the judicial power of the Courts.
Writs in the Constitution
In India, the constitution has provided the Supreme Court with the power

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to issue the Writ under Article 32 of the Constitution. Under Article 32, when
any Fundamental Right of a citizen is violated, that person has the right to

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directly approach the Supreme Court for the enforcement of his rights and the
Court can issue the appropriate Writ for enforcing such right.
The power to issue Writs are also provided to the High Courts of India
under Article 226. While citizens can approach the Supreme Court only when
his Fundamental Right is infringed, the citizens also have the right to approach
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the High Court for the issue of Writs in other matters in which the fundamental
rights are not violated. For e.g. in the case of Smt. Imtiaz Bano vs Masood
Ahmad Jafri And Ors. a mother had filed a writ petition for habeas corpus under
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Article 226 to get custody of her 2 children. The High Court allowed the
petition and the writ was issued in her favour. Thus, the scope of the power to
issue Writs is wider in the case of High Courts as compared to the Supreme
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Court.
Illustration: A is an Indian citizen whose Fundamental Right has been
violated. Here A has the Right to either approach the Supreme Court or the High
Court for enforcing his right. But if there is a violation of A’s right which is not
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a Fundamental Right then, he only has the right to approach the High Court
under Article 226.
Therefore, a citizen has the right to approach either the Supreme Court or
the High Court for issue of writs but if he chooses to approach any of the Court
and his suit is dismissed by the court, the citizen cannot file the same suit in the
other Court because in India, the principle of res judicata
Illustration: A files a suit under Article 226 in the High Court and the
Court accepts his suit. After the proceedings of the case are concluded, the High
Court ruled in favour of the defendant. Here A has the Right to appeal in the
Supreme Court against the decision of the High Court. But if the High Court
had rejected the suit filed by A, then he does not have the right to appeal in the
Supreme Court.
Types of Writs
The Indian Constitution provides 5 types of writs which can be issued by
the Courts. They are:
Habeas Corpus
Mandamus
Certiorari
Quo Warranto
Prohibition

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a. Habeas Corpus
The Writ of Habeas Corpus is issued by the Courts in those cases where a

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person is illegally detained. Habeas Corpus means ‘to have the body’ and it is
one of the most effective remedies available to a person detained.
By this Writ, the Court commands the person or authority who has
detained or restrained another person to present such person before the Court.
The Court requires the detaining person to provide the grounds on which the
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person has been detained and if he fails to provide a valid ground, the person
who has been detained will be released by the Court immediately.
Illustration: A is wrongfully detained by B, a police officer. A writes to
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the High Court regarding the same. The High Court summons B with A and
asks the grounds for detaining A. If B fails to provide a valid ground or
justification for A’s detention, A will be free to go.
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This Writ can be applied not only by the person who is detained but it can also
be done by some other person on behalf of the detained person.
b. Mandamus
In the Writ of Mandamus, the superior courts order the Inferior Courts to
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do an act or to abstain from doing an act. This order can also be given to an
Inferior Tribunal, Board, Corporation or any other type of administrative
authority.
In India, the Supreme Court is the apex court, therefore it has the power
to issue the Writ of Mandamus even against the High Court even though the
High Courts have also been provided with the power to issue such Writs under
Article 226. So, a High Court can issue this Writ under Article 226 only to the
Inferior Courts such as the trial court of a district.
 One of the most important points about the Writ of Mandamus is that it
cannot be issued against a private person and therefore only the State or the
people who hold any office which falls in the category of a public office can be
compelled to do or to abstain from doing an act.
In the case of Vijaya Mehta v. State of Rajasthan, a petition was filed in
the High Court for compelling the State to perform its duty of appointing a
commission to look into the climate change and floods in the State. It was held
by the Court that the State Government would have to appoint a commission
only when a resolution was passed by the Legislature, moreover, it was a
discretionary duty and not a mandatory duty, so the Writ of Mandamus was not
issued in this case.

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In the case of Bhopal Sugar Industries Ltd. v. Income Tax Officer,
Bhopal, the Income Tax Appellate Tribunal had given clear directions to the

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respondent Income Tax Officer by its final order. The Income Tax Officer had
still refused to carry out the directions given by the Tribunal. It was held by the
Supreme Court that the Income Tax officer had a mandatory duty to fulfill the
directions given by the Tribunal and non-performance of which amounted to
grave injustice. Thus, the Writ of Mandamus was issued to direct the officer to
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carry out the directions of the Tribunal.
Thus, an application for Mandamus can be made not only by the affected
people but also by those who want to enforce these Writs on behalf of others in
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the public interest.
c. Certiorari
This Writ is corrective in nature which means the purpose of this Writ is to
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correct an error which is apparent on the records. If the superior court finds out
that there has been a violation of natural justice or a fundamental error on the
procedure adopted, it can quash the order of that inferior court.
Illustration: There is a case in the District Court and the court has no
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jurisdiction to decide such cases. Still, the District Court Judge tries the case and
gives his decision and an application is made by A (the aggrieved party by such
decision) to the High Court. Hereby the power of issuing Writs, the High Court
will issue a Writ of Certiorari on the order of the District Court, as a result, the
order of the District Court will be quashed.
The Writ of Certiorari means that the scope of the application of this Writ
is limited to only the judicial bodies or the bodies which perform judicial
functions and it will not extend to the Central, State or Local Governments
because their functions are administrative in nature and not judicial.
 d. Quo Warranto
The Writ of Quo Warranto is issued by the courts against a private person
when he assumes an office on which he has no right. Quo Warranto literally
means ‘by what authority’ and it is an effective measure to prevent people from
taking over public offices.
Illustration: A who is a private citizen and has no qualifications for the post of
sub-inspector assumes such office. Here a Writ of Quo Warranto can be issued
against A to call into question his authority on which he has taken the control of
the office of sub-inspector.
The power to issue this Writ is discretionary on the courts and therefore
nobody can demand that the court is bound to issue this writ. This view was

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held by the court in the case of Niranjan Kumar Goenka v. The University of
Bihar, Muzzfarpur, in which the court observed that the Writ of Quo Warranto

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cannot be issued against a person who is not holding a public office.
e. Prohibition
This Writ is not issued often and is an extraordinary remedy which a
Superior Court issues to an inferior court or tribunal for stopping them from
deciding a case because these courts do not have the jurisdiction.
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If the court or tribunals does not have jurisdiction and it still decides the
case, it will be an invalid judgement because for an act to be legal it should have
the sanction of law. For e.g., if a District Court is hearing an appeal against the
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judgement of the High Court, such an act is bound to be prohibited because the
District Court does not have the power to hear such an appeal. So, a Writ of
Prohibition will be issued against such an act of District Court.
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Trademark
Trademark is a branch of intellectual property rights. A trademark
includes a name, word, or sign that differentiates goods from the goods of other
enterprises. Marketing of goods or services by the procedure becomes much
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easier with a trademark because recognition of a product with the trademark is

assured and easier. The owner can prevent the use of his mark or sign by
another competitor.
The different types of trademark service mark, collective mark, certificate
mark.Trademark is designated by:
™ (™ is used for an unregistered trademark.it is used to promote or brand
goods).
℠ ( used for an unregistered service mark.it is used to promote or brand
services).
R (letter R is surrounded by a circle and used for registered trademark).
The trademark is defined under section 2(1)(zb) in trademark act,1999
Accomplice:-
In the basic sense Accomplice Witness mean a witness to a crime who, either as
principal, Accomplice, or Accessory, was connected with the crime by unlawful
act or omission on his or her part, transpiring either before, at time of, or after
commission of the offence, and whether or not he or she was present and
participated in the crime. The word ‘accomplice’ has not been defined by the
Indian Evidence Act, 1872. An accomplice is one of the guilty associates or
partners in the commission of a crime or who in some way or the other is
connected with the commission of crime or who admits that he has a conscious

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hand in the commission of crime.
An accomplice is one concerned with another or others in the commission of a

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crime or one who knowingly or voluntarily cooperates with and helps others in
the commission of crime. It was held in R.K Dalmia v. Delhi Administration
that “an accomplice is a person who participates in the commission of the actual
crime charged against an accused.
Estoppels :-
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Section 115 of the Indian Evidence Act, 1872 provides with the meaning
of estoppel as when one person either by his act or omission, or by declaration,
has made another person believe something to be true and persuaded that person
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to act upon it, then in no case can he or his representative deny the truth of that
thing later in the suit or in the proceedings.
Essential Elements
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From the above definition of estoppels, the following essential elements

of it reflect-
➔ A person misrepresents by his act, omission or declaration,
➔ Such misrepresentation is regarding the existence of any fact;
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➔ Such misrepresentation is intentionally caused to make a person believe a

thing;
➔ The other person believes such misrepresentation to be true;
➔ The other person does some act believing such misrepresentation;
➔ Such act causes injury to the other person; and
➔ Such a person is unaware of the actual situation.
Trespass
Trespass in general terms means to enter a person’s property without his or her
consent. For example: ‘X’ enters ‘Y’s property at night unknowingly and causes
a disruption to X’s peace and security. Trespassing was once considered a
serious offence, punishable by fines or prison time. Trespassing is currently
considered a misdemeanor, or a minor crime, in most state jurisdictions.
Types of trespass
Trespass is of 3 major types, namely:
● Trespass to person- Trespass to person is the fear of unreasonable
interference with one’s person and body, as well as that of a third person,
and it includes the use of force that causes bodily damage and
impairment. With the intent of causing wrongful loss or gain, the
trespasser violates another’s right and alters it with the goal of causing
wrongful loss or gain, as the case may be. Even if the wrongdoer had no

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knowledge that the property belonged to someone else, it is considered
intentional.

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● Trespass to chattels- Trespassing to chattels is when someone
intentionally interferes with another person’s rightful possession of
personal property. Any personal property, movable or immovable, is
referred to as ‘chattel’. Trespass to chattels does not apply to real estate or
any other type of land interest.
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● Trespass to land- Trespass is defined as an unjustified physical
interference with land that belongs to one party by another. Trespass is
not a criminal act under English common law, where these tort principles
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originate, but it is recognized in the Indian Penal Code under section 441.
Trespass – Civil or Criminal?
Trespass is an offence not only under the Criminal Law but also the tort
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law, thus, making it both civil liability and a criminal offence. There is a major
difference between both, that is, intention. Civil trespass does not require ill
intent; simply being on someone else’s property without permission is enough to
make them liable.
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Criminal trespass, on the other hand, is defined as trespass with the intent
to commit an offence or to intimidate, insult, or annoy any person in possession
of property, and is punishable under the IPC.
Illustration
If ‘X’ enters the property of ‘Y’ unknowingly in a state of inebriation,
without any intention to cause harm to Y, he will be liable for a civil offence.
But if X enters Y’s property for theft of valuable items or attempting to murder
him, he will be charged under Section 441 and 447 of the IPC along with
section of the other act committed by him.
 If ‘X’ throws garbage outside Y’s house every day, he may be liable for
nuisance, but he has not committed criminal trespass because X has not entered
Y’s property.
Negligence
The term ‘negligence’ means pure carelessness. Legally, it means failure
to exercise the level of care that should have been exercised in the
circumstances by the doer as a reasonable individual. Negligence is a mode in
which many types of injuries may occur by not considering such suitable
precautions.
According to Winfield and Jolowicz- “Negligence is the breach of a legal
duty to take care which results in damage, undesired by the defendant to the

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plaintiff.
Conviction

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A conviction is defined as a legal declaration that a person is guilty of a
specific criminal offence. Convictions are handed down through the decision of
a judge in a court of law or through the verdict of an official jury. For example,
a person may be convicted of drunk driving. If it is their first offence, the
outcome of the conviction might be smaller than if it was their second or third
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offence. Regardless of the type of conviction, they all have serious
consequences both legally and socially.
Acquittal
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Acquittal in general terms means that the accused is innocent and has not
committed the offence he/she was accused of. The decision of acquittal is given
by the judge after inspecting all the evidence and hearing arguments of the
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defence and the prosecution. It implies that no evidence has been brought up to
prove that the accused has carried out an offence as per the Code of Criminal
Procedure, 1973.
The acquittal procedure is necessary to ensure that nobody is punished for
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an offence they did not commit. Further modifications have also given the
victim, in addition to the state, to file for appeals in courts if they feel that the
accused has been wrongly acquitted. This measure is an essential safeguard to
the acquittal procedure and is the crux of one of the fundamental principles of
criminal law and the Code of Criminal Procedure.
Adjournment
The term “adjournment” refers to a temporary halt to a present procedure
or a postponement of the proceeding to a later date. Adjournment means either
temporarily or permanently postponing or putting off the legal proceedings.
It can be either for a specified date or for an indefinite period which is known as
sine die. Only Judges have the power to adjourn the case. Although providing
Adjournment is at the discretion of the Judge, the court cannot Suo moto
adjourn the case unless any party makes a request for it.
There can be several reasons for granting Adjournment. In some cases it
becomes necessary to grant Adjournment to ensure fair and equal justice to the
parties involved. Some of the reasons can be as follows:
1. When either of the parties is not ready or requires more time to prepare,
then that party can request for adjournment, that is, for postponing to a
future date.
2. To permit police to have more conversations with the person in question,

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their kids or other influenced individuals or to give more data about the
matter under the watchful eye of the court.

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3. When any party requires legal representation or any other service that is
not immediately available.
4. When the evidence presented is not sufficient to decide the matter.
5. When at the time of the proceedings, any of the witnesses is not present.
There are cases where it is better to adjourn the case rather than deciding it in
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favour of any party. This is because such adjournments can lead to better justice
as by giving time, more in-depth analysis can take place and more facts and
evidence can come into place.
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It is said that “Justice delayed is Justice denied”. Giving unnecessary
Adjournment is leading to delayed Justice which is ultimately leading to
non-delivery of Justice. The entire purpose of the Judiciary is thus destroyed.
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Hence, Adjournments should not be given until it’s very necessary.

Tort
The word tort has been derived from a Latin word “tortum” which means
twisted or crooked. According to Salmond, “Tort is a civil wrong for which the
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remedy is a common law action for unliquidated damages, and which is not
exclusively the breach of contract, or, the breach of trust, or, other merely
equitable obligation.”
Even if the harm which is caused was not intentional but due to
carelessness or negligence, then also the other party can be sued.
Murder
Murder is defined under Section 300 of the Indian Penal Code.
● The act is committed with an intention to cause death.
 ● The act is done with the intention of causing such bodily injury which the
offender has knowledge that it would result in death.
● The person has the knowledge that his act is dangerous and would cause
death or bodily injury but still commits the act, this would amount to
murder.
A shoots W with an intention of killing him. As a result, W dies in that
consequence, murder is committed by A.
Magna carta
Magna Carta, also known as the Magna Carta Libertatum or The Great
Charter of Freedom, was the first document recognizing the Fundamental or
Ancient Rights of the citizens of England. It originated in the 13th century as a

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result of the act of rebellion against King John I. They, for the first time,
succeeded in extracting assurance from their King in the form of the Magna

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Carta. Magna Carta laid down the Rule of Law in England.
Scheme of Part III of the Constitution (Magna Carta of India)
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