LEGAL STUDIES (881)

CLASS XII
There will be two papers in the subject: (i) Differences between Judicial and Quasi-
Judicial Bodies;
Paper I - Theory: 3 hours ……70 marks
(ii) Understanding the concept of Tribunals as
Paper II- Project Work: …30 marks Quasi-Judicial Forums [for example
National Green Tribunal (NGT), Income
PAPER – I (THEORY) – 70 Marks Tax Appellate Tribunal (ITAT)]
1. Law of Crimes (iii) Section 89 CPC as source of ADR system
(iv) Benefits of ADR system, which disputes can
Stages and elements of crime; Kinds of crimes, be covered.
Offences against Human Body and Offences (v) Arbitration-
against Property under Indian Penal Code, 1860
(a) Meaning, Arbitration Agreement, Court
(IPC);
Referral of Arbitration (Section 8);
(i) Crime
(a) Stages; (b) Arbitral Award - significance,
(b) Meaning and difference of Intention, comparison with a judgement, setting
Motive and Knowledge; aside of an arbitral award.
(c) Elements - Concept of Mens Rea and (vi) Mediation & Conciliation
Actus Reus. (a) Meaning and scope;
(ii) Five categories of crimes - crimes against a (b) Role of the Mediator & Conciliator ;
person, crimes against property, inchoate
Sanctity of Settlement arrived through
crimes, statutory crimes, and financial
crimes ( Meaning with examples). Mediation & Conciliation
(iii) Elements with illustrations and (vii) Differences between Arbitration and
punishments of the following offences under Conciliation, Mediation and
the Indian Penal Code - Conciliation;
(a) Offences against Human body – (viii) Lok Adalat-
Culpable Homicide & Murder (a) Meaning
(Sections 299, 300, 302 & 304); Death (b) Jurisdiction
by rash and negligent act (Section (c) Award of Lok Adalat & its
304A); Dowry death (Section 304B); significance
Assault and Criminal Force (Sections 3. Legal Services Authorities Act, 1987
350, 351 & 352), Cruelty by Husband
or his relatives (Section 498A IPC). Spirit of Article 39A of the Constitution of
(b) Offence against Property – Theft India; Objectives; Legal Aid for the
(Section 378 & 379), Extortion (Section deserving sections of society.
383 & 384), Robbery (Section 390 & (i) Importance of Article 39A of the
392), Dishonest Misappropriation of Constitution of India;
Property (Section 403), Criminal (ii) Legal Services Authority Act, 1987-
Breach of Trust (Section 405 & 406), (a) Objectives;
and Cheating (Section 415 & 417). (b) Eligibility for getting free Legal Aid;
2. Alternate Dispute Resolution (ADR) (c) Legal Services Authorities and
Judicial and Quasi-Judicial Bodies, Tribunals, Committees at various levels (only
Arbitration, Conciliation, Mediation, Lok hierarchy);
Adalat (d) Functions of the Central Authority
(Section 4).
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 (iii) Role of Educational Institutions and Para (ii) Vicarious Liability
Legal Volunteers. (a) Meaning & Essentials
4. Indian Contract Act, 1872 (b) Principles of Vicarious Liability:
Contract -Introduction, Essentials of a Valid • Quit Facit Per Alium Facit Per Se
Contract, Types, Void Agreement • Respondeat Superior
(i) Introduction to Contracts (Proposal, 6. Transfer of Property Act, 1882
Promise, Agreement, Contract)
Property, Modes of transfer of property,
(a) Meaning of Contract- Definition
Doctrines
(b) Types of Contracts- Valid, Void,
Voidable, Express & Implied (i) Types of Property: Movable and
Immovable, definition of ‘immovable
(ii) Formation of Contract
property under S.3 TPA and S.3(26)
(iii) Essentials of a Valid Contract
(a) Offer and acceptance General Clauses Act 1908’.
(b) Intention to create legal relationship (ii) Transfer of Property - Meaning (Section 5);
(c) Consideration What may be transferred (Section 6);
(d) Capacity to Contract Persons competent to transfer (Section 7)
(e) Free Consent- Sections 13 to 22 (iii) Modes of transfer of property (Sale,
(f) Legality of object Mortgage, Lease, Exchange, Gift,
(iv) Void Agreement (Section 23 to 30) Actionable Claim) - Definition &
(v) Differences between- Illustrations; Differences among Sale,
(a) Coercion & Undue Influence Mortgage & Lease
(b) Fraud & Misrepresentation (iv) Doctrine of Election, Doctrine of Lis
Pendens.
(c) Void & Voidable Contract
(d) Valid Contract & Void Agreement 7. Fundamental Rights, Duties and Directive
5. Law of Torts Principles of State Policy
Nature and definition of Tort, Kinds of Wrong Fundamental Rights, Right to Constitutional
Remedies, Restriction on the exercise of
in Tort Law, Vicarious Liability
Fundamental Rights, Basic structure doctrine;
(i) Tort- Introduction Directive Principles of State Policy;
(a) Definition & Essential Constituents of Fundamental Duties
Tort
(i) Fundamental Rights guaranteed by the
(b) Kinds of wrong in tort law - Intentional
Constitution.
Tort, Negligence Tort and Strict
Liability (Meaning with examples) (a) Right to Equality (Articles – 14-18)
(c) Intentional Torts (Meaning with (b) Right to Individual freedoms (Articles –
examples) 19-22) including Restrictions on the
(1) Trespass to body - Assault & exercise of the fundamental rights –
Battery public order, health and morality under
(2) Trespass to Property
Article 19
(3) Nuisance
(4) Defamation (c) Right against exploitation (Articles –
(5) False Imprisonment 23-24)
(d)Tort of Negligence (Meaning & (d) Right to freedom of religion (Articles –
Elements) 25-28)
(e) Strict Liability, Absolute Liability (e) Right of cultural minorities (Articles –
(1) Strict / No Fault Liability - Rule in 29-30)
Rylands v Fletcher with exceptions
(f) Right to Constitutional Remedies -
(2) Rule of Absolute Liability - Rule in
M.C Mehta Case Writs (Article 32)
(3) Differences between Strict and (ii) Directive Principles of State Policy -
Absolute Liability Meaning, Justiciability; Differences
(ISC Revised Syllabus 2025) 2
 between Fundamental Rights and Directive − Salus Populi Est Suprema Lex
Principles of State Policy. − Stare Decisis
(iii) Fundamental duties – Meaning and all − Ubi Jus Ibi Remedium
enumerations. PAPER II (PROJECT WORK)– 30 MARKS
8. Important Laws In keeping with the significance of doing project
The Protection of Human Rights Act, 1993 work and gaining a hands-on understanding of
(with Amendment Act, 2006), Lokpal and various contemporary issues, candidates are
Lokayukta Act 2013 expected to undertake two studies of 15 Marks
each.
(i) Definition of Human Rights; Differences
between Human rights and Fundamental Topics for the studies should be chosen from within
the overall syllabus as there is ample scope for
Rights; The Protection of Human Rights
diversity. Candidates should synthesise information
Act, 1993 – object of enactment,
from a range of sources, including cases,
composition (Section 3) & function of legislation, the media and international instruments,
NHRC (Section 12) to support a legal argument. Topics should extend
(ii) Ombudsman-Meaning and concept, Scope areas of individual or group interests from any
and limitation of Lokpal and Lokayukta Act chapter covered in Theory, after understanding the
2013, Differences between Lokpal and legal functions, practices and institutions.
Lokayukta. The project work will be assessed by the teacher
9. Legal Maxims and a Visiting Examiner appointed locally and
Important Legal Maxims. approved by CISCE.
Meaning of the following: Mark allocation per Study [15 marks] will be as
follows:
− Actus non facit reum nisi mens sit rea
− Ad valorem 1. Evaluation by the teacher 5 Marks
− Amicus Curiae 2. Evaluation by the Visiting 10 Marks
− Audi alterem partum Examiner
− Assentio Mentium
− Bona fide Evaluation of Study by the Visiting Examiner
− Bona Vacantia [10 marks]
− Caveat Emptor 1. Presentation 2 Marks
− Corpus Delicto
− Damnum Sine Injuria 2. Content 2 Marks
− De Die in Diem 3. Analysis 3 Marks
− De Minimis Lex Non Curat 4. Viva-voce based on the 3 Marks
− Doli Incapax Study
− Ejusdem Generis
− Ex Post Facto
− Ignorantia Facti Excusat – Ignorantia Juris List of suggested studies for Project Work:
Non Excusat 1. There can be a situation where a particular act
− Injuria Sine Damnum may be both a civil wrong as well as a criminal
− Locus Standi wrong. Elaborate on the basis of a case study.
− Nemo Debet Esse Judex in Propria Sua
2. "Changing the Decision-Making Process: From
Causa
Lawsuit to Arbitration." Analyse with
− Nemo debt non quad habit
− Noscitur a Sociis objectivity.
− Obiter Dicta 3. Research the following case studies and submit
− Pari Materia your findings on any two:
− Per Incuriam (a) Lalman Shukla v Gauri Dutt case - 1913 40
− Quid pro quo ALJ 489
− Ratio Decidendi (b) Balfour v Balfour [1919] 2 KB 571
− Res ipsa loquitur (c) Mohori Bibee v Dharmodas Ghose, [1903]
− Res Judicata Accipitur Pro Veritate UKPC 12
(ISC Revised Syllabus 2025) 3
 (d) Chikham Amiraju v Chikham Seshamma by Police in India and endeavours to prevent it
ILR (1918) 41 Mad 33, 36. by the Judiciary and Human Rights
(e) Derry v Peek (1889) LR 14 AC 337 at p. Commission.
374. 9. In light of the Prashanth Bhushan case, analyse
(f) Raffles v Wichelhaus (1864) 2 Hurl & C "Free Speech Vs. Contempt of Court."
906 10. Write an essay on, ‘Tracing the Development of
4. Investigate the legal issues associated with Mens Rea’.
electronic contracts. 11. The argument about whether Sections 499-500
5. Discuss five instances from day-to-day life of the IPC constitute a “reasonable restriction”
where you let go what could reasonably fall has ignited a debate about the decriminalisation
within the ambit of the Law of Torts. of defamation. Besides, a segment of the
6. “A mediator or conciliator must lead parties political class opposes the decriminalisation of
into the grey shaded areas of a problem where a defamation, contending that “reputation” is
variable range of outcomes becomes available man’s greatest asset and that freedom of
to achieve a mediated consensual resolution. It expression must be moderately regulated to
is the skill with which this “grey area” is safeguard it. The Central government, as well
negotiated that the success of Part III of the Act as several state governments, are determined to
will depend. keep Section 499 of the IPC in place.
(A message by Mr. Fali S. Nariman, in the In the light of the above, examine ‘Criminal
Handbook on Arbitration) Defamation’ in detail.
Prepare a report containing the following: OR
(a) Discuss the role of Mediator and Provide a socio-legal analysis of India's dowry
Conciliator in the ADR process. system.
(b) Are their decisions legally binding or GUIDELINES FOR TEACHERS
appellable? 1. It must be emphasized that the process of doing
(c) Is it time to make ADR compulsory in the project is as important as the final project.
India? 2. Once the project/projects are chosen, there
7. Attend one or more courts or tribunals in civil should be a process of brainstorming to
and criminal cases. Observe their operation and encourage students to make out a draft/structure
prepare a report containing the following: for the project before embarking on research.
outline of different types of laws; comparison 3. During the brainstorming/discussion, the teacher
of the purpose of different types of Laws; should discuss the assessment criteria with the
distinction between civil and criminal court students.
procedures; identification of the role of legal 4. The teacher should discuss the draft with the
personnel involved in the court process; student with regard to the central question and
comparison of the common and civil law the type of sources to be used.
systems. 5. The students should be guided on doing the
8. As per the records of National Campaign research and looking at different types of
Against Torture, in the year 2019, out of 125 evidence.
deaths, 93 occurred in police custody due to 6. Books and suitable reference material could be
suggested by the teachers and made available to
alleged torture and foul play, police claimed
the students.
that 24 persons out 125 committed suicide or
7. Internet sites could be suggested, but care must
died due to illness while the death occurred be taken in selecting, using and citing these sites.
under suspicious circumstances, and the reasons 8. Students must be cautioned against plagiarism
for 5 deaths were unknown. and be penalized for the same.
Section 197 of the Criminal Procedure Code 9. Marks must be awarded for content and
states that if a government officer commits a originality and not for decorative elements and
criminal offence in the discharge of his duty, he embellishments.
cannot be prosecuted without a prior sanction of 10. Projects must be the original work of the student.
the Central or State Government. NOTE: No question paper for Project work will be
Prepare a report on Human Rights Violations set by CISCE.
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