Professional Documents
Culture Documents
WRITING
IMPORTANT SECTIONS FOR JUDGMENT
of Cr. PC."
for the TIP conducted by
291-A Identification Report of the executive magistrate
him is directly admissible under this
section.
Section No.
JUDGMEN WRIT/NG
Significance
293 Reports of certain Government Scientific Experts like chemical e
mical examiner ete
are directly admissible under this section.
313
Use this in Defence story as "the accused has been
personally examined
section 313 of Cr. PC and he deposed that.. under
.
557
Use this section in the
operative part while
awarding compensation tthe
victim. to
360
Use this in
hearing of the accused on sentence to write that
he has
given the benefit of section 360 because of so and
not been
so reason.
428
Use this in operative part of the
judgment to set oft the term of
sentence
awarded against the sentence already served.
437A
Use this in operative part to write that the
accused has executed bail bonds with
sureties to
appear before the appellate court and such bond will
for 6 months. remain valid
452
Use it in the
operative part to order the disposal of
trial property at conclusion of the
22
Significance
Definition of
movable property. This
section may be used in
which movable property
constitutes those cases
"
(For example, Theft)
an
important ingredient for the
23 and 24
ofren
These sections are generally used
to do an act with an intention to together because the term'dishonestly
loss to another perSon.
cause
wrongful gain to one person or med
25
wrong
Defines iraudulently. It is used
6
to prove the offences like
Reason to believe has been
defined in this section. This
cheating, torge
mensrea. is the lowest
aes
28 This section defines Counterfeit' exhaustively.
mportanr Sectioms Jur Julguunt Writingg
intention to do of
act with an
c o v e r s all
these three degree
the act. The
t e r m voluntarily
to do that
to likely
be
law or
mens rea.
or is prohibited by the
an offence
An act is illegal'if it is be legally bound to do |
43 Define "illegal": action. And a person
is said to
for a civil
gives ground omit to do that act.
act' if it is illegalin him to caused to any
person
in body,
an harm illegally
causing injury
"injury': Injury
means any is to be
used where
definition
44 Define This
or property.
reputation
mind, c o m m i s s i o n
of oftence.
takes defence
accused
for
essential used while
is section is mostly
faith. This
52 Defines good
under
Chapter IV ofIPC.
General Exceptions.
-106 abettor.
Definition of Abetment. asto whoisan
and provides has
107
a b e t m e n t
of offence
an
oftence
section
109 if the
creates
section under
framed
108 This has to be
abetment
|The charge of of
abetment.
109 in
c o n s e q u e n c e
committed
|been
JUDGMENA WRIT/NG
92
Section No. Significance
constructive liability of the
abettor and it is to be
114 section creates used
his offence is committed so as
abettor is present on the spot where the
when
the commission of oftence.
assure
been committed in consequence of abetmen
115 |When the offence abetted has not
life imprisonment
then the charge
offence is punishable with death
or
and that
be framed.
under this section will
of abetment
the offence abetted has not been committed in consequence
116 When then the charge under this
and that offence is punishable with imprisonment,
be framed.
section will
120A Detines criminal conspiracy.
is framed under this section.
120B Charge of criminal conspiracy
assembly.unlawful
This section basically tells as to what constitute
an
141
This section deals with the membership of an unlawful assembly. person who
A
142
knows the fact which renders that assembly an unlawful assembly and
intentionally joins the assembly, is said to be the member of unlawful assembly.
143 Charge of the offence of being a member of an unlawful assembly is framed
under this section.
Defines rioting
147 Provides punishment for rioting and the charge for rioting is framed under ths
Section.
149
|Provides for the
joint and constructive liability of other members for
the
offence committed by any member in prosecution of common object
unlawful assembly.
Defines Affray.
160
|Punishment for affray and charge to be framed under this action.
191
Giving of False Evidence.
192
Fabrication of false evidence.
193
Punishment for giving or
fabricating false evidence. Charge for the
under section 191 or 192 to
be framed under ofie
this sestion
forJulgmeni Wriing
SectionNo.
Significance
This section is to be used when the person causes disappearance of evidence o
201
otfence orgives talse information so as to screen the offender from punishment.
Dowry Death.
304B
Abetment of suicide.
306
Relating to hurt.
319, 321,
restraint and
provides
wrongful
Defines
, 341
Defines wrongful contfinement. situations.
340
confinement inditerent
punishment
for wrongful
42,343,3
**Tovides
so It IS an offence
354 the modesty rea is required,
utraging no
mens
offence
For this
354A harassment.
DExual
of strict liability.
JUDGMEN?. WRIT/NG
94
Section No. Significance
of disrobing
mpelling
intention or comn
with the
354B Assault or use
of criminal force
to be naked and its punishment.
her
Voyeurism and its punishment.
354C
354D Stalking and its punishment.
|Types of kidnapping and punishment.
its
359, 360, 361.
363
is not a substantive offence and it is punishable only when done
362 |Abduction per se
with particularintent.
maiming a minor for the purpose of begging
363A Kidnapping or
paragraph
section 379.
378,3379 Theft and its punishment. Charge should be framed under
380 Theft in Dwelling House.
381 Theft by clerk or servant of property 1n possession or master
theft after having made
382 This section to be used when the accused commits
restraint fear of death, hurt
preparation for causing death, hurt or or or
restraint.
383, 384 Extortion and its punishment. Charge to be framed under section 384.
390, 392
Robbery and its punishment. Charge to be framed under section 392.
393 Attempt to commit Robbery.
394 This section to be used when the accused causes hurt in committing
tna
attempting to commit robbery. When two or more accused commit
oftence then technically there is need to use section 34 of IPC because tni
no
of his death.
405, 406
Criminal Breach of Trust and its punishment.
407
Criminal Breach of Trust by carrier etc.
408
Criminal Breach of Trust by clerk or servant.
for Judgmeni Writing
5 e e o nN o .
Significance
Criminal Breach ot Irust by public servant, banker, agent etc.
Meaning vI Stolen Property.
410
Dishonestly recetving of the stolen property
411
Assisting in concealment of stolen property.
414
Detinition of Cheatingand ins punishment. Charge will be under section 417.
415, 417
Cheating by personation and its punishment. Charge will be under section 419
4l0, 419
When the otfence of cheating has been accomplished ie. there delivery o
is
Á20
is to be framed. However, if there
property etc. then charge under this section etc but it
dishonest Iraudulent inducement to deliver any property
is only a or
,450,
451,4 in different situations.
house trespass and its punishment
43, 453, 454, |Meaning of lurking
455
and its punishment in ditferent
house trespass by night
44, 456, 457, |Meaning of lurking
458 situations. in ditterent
situations.
Section No.
c i r c u m s t a n c e s .
T hese aree
in dilferent easy
for forgery forgery.
punishment
6 3 , 466, 467, |Provides is asked on the topic
the question
and generally or electronic rec
sections a lorged
document
will
as genuine
for using document.
471 Punishment
provided
for the forgery of that
be
same as
of document
described in Section A66 o7
possession
for having
474 |Punishment
it as genuine.
467, knowing it
be forged and intendingto use o f f e n c e . Once the questio
Sessions triable tion h
sections deal with the
489A to 48oD These
Civil Exam regarding
Judge
the possession of forged aand
been asked in CG these sectin
notes. So, it is advised to go through ons
currency
counterfeit etc of counterfein
sections deals with counterfeiting, using
thoroughly. These
bank notes.
currency notes or
494 and 495 Deals with meaning of bigamy and its punishment when the fact of previoous
marriage has been disclosed, and in the case when it is concealed from the
or relative of husband.
503, 506 Criminal intimidation and its punishment.
509
Deals with the modes of insulting the modesty of woman and its
510
punishment.
Misconduct in public by a drunken person.
511 Attempting to commit any offence other than punishable with the death and
regarding which a
separate section is not there with
of its attempt in IPC. regard to the punishme
I1. THE
INDIAN EVIDENCE
Section No. ACT, 1872
These are the most important sections for the judgment writing. Betore
6-55
proving any fact you have to establish as to how that fact is relevant, and then
in a
these sections
civil and criminal judgment. It is comparatively easy to use
sections
should also be
other
the
particular situation. evidence is produced.
when d o c u m e n t a r y
sections to be used as t o the documents
74 and 77 These regarding
presumptions
sections
the important
00, 85, 90, |These a r e or
contract, grant
terms of a
90A the
order to prove be produced
that in itself should
section provides document
other e v i d e n c e is
ofcontractetc.
when secondary
except regarding terms agreement
to
contradict,
evidence
oral evidence
of oral proved
exclude of has been
the giving
which
document
excludes
92 This
section
from the
terms
ofany important.
subtracts
section are
also very
add or
of this
Vary, provisos
section
91. The
under
JUDGMEN WRIT/NG
98
pu
Section No. Significance
Sec
and have alreaay
Deen
discuSsed i
TOT to T06 These are the most important sections
i57 This Section is very useful in judgment writing and to be used for
corroboration.
158 When the statement relevant under section 32 or 33 is to be proved then this
section is used.
165 |An important section which provides that a judgment should be based on the
fact relevant and duly proved. This is the most important in guideline writing
judgment. This has already been discussed with examples in the topic
"appreciation of evidence".
IV.cODE OF CIVIL
Section No. PROCEDURE, 1908
2011) Significance
2012)
Definition of legal representative.
|Definition of Mesne Profits.
This
Generally, when the suit is topic has already been discussed in
filed dea
Property plaintiff also asks for theformesne
the recovery of
possession immove
of ble
S r t i o nN o
Significance
This section gives pleary jurisdiction to the court to try all the suits of Civil
nature
section generally comes
play when the the
This into defendant raises
his section to be used when the defendant raises the preliminary objection
Striking out o r
addition of the parties.
Order
Rule10(2) and splitting of claims.
To be used
provision deals
with splitting of reliefs objection that
AeThis statement raise the preliminary
in his written
when defendant
Order II Rule 2.
the suit is barred by
er VI Rule
Rules relating to pleading
6-14
admission.
rder VIll rule deemed
Use this provision to prove
have
that the issues
to write
judgment
Order X this section in point no. 5 ofthe civil
of parties along-with
other
se examination
>
To be used in the
particular situation when the egal
the aspects of this section very minutely. Generaly, the question involves this
point.
section 18 and it deals with effect of part payment
19 This is equally important
the
as
interest loan.
of debt or on
because
of
where
cases
in those
13 O De used
consensus ad idem.
JUDGMEN WRIT/
102 Significance
Section No.
to some
didnt knew
that the ship in which the.
consented. (Ex.
Both the parties
into an agreement
gook
repae.
were coming had already sunk and they
entered
received.
65
Farty to return the advantage received under an agreement which is discove
Section N o .
Significance
2(a)
Meaning ofthe term 'obligation
5
Suit for the recOvery ot specilic immovable property on the strength o
possessory title is filed underthis section.
Suit for the recovery of possession of immoveable property in case of unlawtul
title.
and also
4 Talks about those contracts which can't specifically performedbe |
This section will help you to decide whether
provides certain exception.
specific performance contract be granted or not
of
a
readiness and willingness in order
to get
Plaintiff has to always prove his
6&16(c)
performance of c o n t r a c t in his favour.
decree of specific
under this section in addition of specific
can claim compensation
21 Party
p e r f o r m a n c e o f contract.
separate possession,
refund of
claim possession
or partition and
22 |Party can
section.
under this
earnest money etc,
of the instrument.
31 Suit for cancellation as
to any property.
character or right
34, 35 for declaration of any legal
Suit
38
Suit for perpetual injunction injunction
to prevent the
is a suit for perpetual performance
there
41(e) be used when and for specific
lo ofcontract
the breach will be injuncted
committing defendant
from section that
detendant
the requirement of
this contract
can be specifically
contract. it is when the
Or only
breach ofcontract
committing
TOm
performed.
JUDGMENA WRIT/NG
4 Significance
ection No.
only
w h e n t h e r e is no
her oth
would be granted
that injunction there is a sale
cases like of ,
Karta. Here
the other
ancestral land by the t h a t property becaue
Use
the Karta from selling
injunction to prevent ie. they can file
the suit fo
perpetual remedy
available
efficacious
the other legal necessity, conse
they have the circumstances
like nsent
the sale is void as
declaration that is n o t there.
benefit of estate
or sale for the
of coparcener this section should
be used to show that
injunction
41(j) In the suit for perpetual
interest in the subject matter
otherwise relief of
having the personal
plaintiff is
injunction will
not be granted.
perpetual
Section No.
Significance
Meaning of attested
|
II
3
Paragraph
3 Paragraph IVIMeaning of registered.
earth
3ParagraphV |Meaning of
attached to
o
Meaning of Transfer of Property. Creation of new interest in the favour
transferee is the test of transfer of property.
What property may be transferred: This Section provides a list of propertie
which may not be transferred and apart from those properties all ou er
|properties can be transferred.
transferor. This
SE
should always be used where there is
a transfer of
o wt h e
favours divesting
Law does not
Ostensible Owner
interest in
Transfer by unauthorized person who subsequently acquires
3
|propertytransferred.
This section to be used when there is a transfer of property by one co-owne
84 Cessation of interest
redemption
the person
who may sue tor
section provides
s
2
Subrogation
106 JUDGMEN WRIT
Section No. Significaance
105 Defines lease
the lease
107 |Modes of affecting
the determination of the lease. Suit for
111 Provides the grounds for the
be filed under this section.
|determination of the lease to
Fra
(CC
Pla
ea
fro
ag
exe
20
anc
deb