Category: Indian Law Basics

Introduction Securities — understood in commercial practice as movable or immovable property, financial instruments or rights deposited, pledged or charged as a guarantee for the performance of an obligation or repayment of a debt — are the centrepiece of modern lending and corporate finance in India. Correct characterization, creation, perfection and enforcement of securities determine…

Introduction Sectarian violence — violent clashes, intimidation or discrimination directed at persons because of their religion, sect, caste or community affiliation — is a recurrent and legally complex phenomenon in India. Beyond the immediate criminality (homicide, arson, rioting), sectarian violence engages constitutional guarantees (equality, liberty, freedom of religion), public order law, police accountability, evidence-intensive prosecution,…

Introduction Saptapadi — literally “seven steps” — is the core nuptial rite of a traditional Hindu wedding in which the couple, taking seven steps (or circumambulations) in the presence of the sacred fire, make seven pledges to each other. In Indian family law practice, saptapadi operates at the interface of religion, custom and secular law:…

Introduction Sale — in the context of immovable property — is one of the most common, commercially sensitive and frequently litigated transactions in Indian law. At its core a sale is the transfer of ownership (title) in an immovable asset for a monetary consideration (the price). Despite that simple definition, practical sale transactions interact with…

Introduction Retrenchment compensation is a central remedial and preventive concept in Indian labour law. It governs the employer’s monetary obligation when a worker’s service is terminated for reasons other than disciplinary action — typically on account of redundancy, closure, or financial exigency. For practitioners advising managements or representing workmen, mastering the statutory scaffolding, procedural prerequisites,…

Retainership Fee — A Practical Guide for Indian Practitioners Introduction A retainership fee (or retainer fee) is a periodic payment made to a lawyer, consultant, freelance professional or firm to secure their availability and services as and when required. In the Indian professional ecosystem retainers play a decisive role in corporate legal management, litigation strategy,…

Introduction Reprimand — a compact phrase that denotes a formal expression of disapproval — operates across several strands of Indian law: criminal sentencing, juvenile justice, disciplinary proceedings (public service and professional), and judicial contempt/adjuration. Though superficially modest, a reprimand is a flexible remedial and regulatory tool: it can be transformed into an alternative to punitive…

Introduction Repatriate — to send a person back to his or her country of nationality or habitual residence after that person has been present in another country — is a small word with wide consequences in Indian practice. In the Indian legal landscape the concept touches multiple fields: immigration law (deportation/removal of foreigners), consular/administrative assistance…

Introduction Rent Controller is the statutory quasi‑judicial officer created under state rent control or tenancy enactments to decide disputes arising from leases, tenancy agreements and allied landlord‑tenant relationships. In practice the Rent Controller is the first (and often the only) specialist forum for claims of possession, rent fixation, arrears recovery, unlawful eviction, illegal subletting and…

Introduction Remuneration is more than a dictionary definition of “money paid for work or a service.” In Indian law, it is a polyvalent legal concept that migrates across company law, labour law, tax law and social security statutes. Its legal character—whether called salary, wages, perquisites, fees, commission, honorarium or director’s remuneration—determines statutory obligations (filings, caps,…

Introduction “Remand Home” is a shorthand, historically used in Indian criminal and juvenile parlance, for an institution where children alleged to have committed offences were temporarily detained pending inquiry or trial. In contemporary Indian law the terminology and statutory architecture have evolved: the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015)…

Introduction The Regional Transport Office (RTO) / Regional Transport Authority (RTA) is the frontline administrative machinery that gives statutory shape to motor-vehicle regulation in India. From issuance of driving licences and learner licences, registration certificates and fitness certificates to enforcement of permit conditions, RTOs/RTA perform functions that directly affect mobility, commercial activity, public safety and…

Introduction The Regional Transport Authority (RTA) is a pivotal, quasi‑administrative and quasi‑judicial organ within India’s motor transport regulatory architecture. Practically speaking, the RTA sits at the intersection of road safety regulation, commercial mobility policy and individual entitlements (licences, registration, permits). For practitioners, the RTA is the forum where many commercial‑transport disputes, permit controversies, and fitness/route…

Introduction Referral — the act of directing a matter, person or question to another forum, expert, or procedure for consultation, review or further action — is a small word with outsized consequences in Indian practice. In litigation and dispute resolution it determines who decides the controversy (judge, arbitrator, mediator, expert board), how fast and cheaply…

Introduction A “Qazi” in the Indian context denotes the person who officiates and records Muslim marriages (nikah). Beyond the common description of a Qazi as a “priest who solemnizes marriage in Islam”, the term has practical legal consequences: the Qazi frequently is the person who prepares the nikahnama (marriage contract), records the witnesses and dower…

Introduction Public tranquility—loosely, the absence of insurrections, riots or violent crime—is a foundational objective of criminal law, administrative regulation and Constitutional governance in India. It is not merely a normative ideal; it is a legally actionable concept that structures preventive police powers, coercive criminal provisions, restrictions on fundamental rights and the remedies available to citizens…

Introduction Public servant is a foundational concept across criminal, administrative and constitutional law in India. Whether a person is a public servant determines the applicability of anti-corruption statutes, the need for prior sanction to prosecute, the standard of accountability expected under administrative law, obligations under service rules, and the availability of special defences and immunities…

Introduction The term “Public Prosecutor” denotes the legal representative appointed by the State to conduct criminal prosecutions on its behalf. In the Indian criminal justice system the public prosecutor performs a dual and delicate function: to advance the public interest by presenting the State’s case, and to assist the court in arriving at a just…

Introduction Public Information Officer (PIO) is a pivotal operational node of the Right to Information Act, 2005 (RTI Act). The effectiveness of the Act in transforming access to government records and administrative transparency ultimately depends on the designated PIOs — who receive RTI requests, determine whether information can be disclosed, compile records and issue reasoned…

Introduction “Public duty” refers to the legal and moral obligations that attach to persons or bodies exercising public power — most obviously public servants and public authorities — to act in the interest of the State, the public at large, and individuals who come within the ambit of that authority. In India, the concept operates…

Introduction The Public Distribution System (PDS) is India’s principal statutory-administrative mechanism to ensure food security of poor and vulnerable populations through subsidised distribution of foodgrains and allied items. Functionally, PDS is the delivery architecture — procurement, storage, allocation, transport and retail distribution through Fair Price Shops (FPS) — through which constitutional duties (Article 21 –…

Introduction “Public disorder” is a functional, prosecutorial and judicial label used in India to describe conduct — individual or collective — that disturbs public peace, safety or the normal functioning of public life. Although there is no single statutory offence called “public disorder” in the Indian Penal Code (IPC) or the Code of Criminal Procedure…

Introduction A public address (PA) system — microphones, amplifiers, loudspeakers and associated wiring/transmitters — is a commonplace tool in modern public life: religious congregations, political rallies, commercial events, educational institutions, hospitals and municipal announcements all rely on it. In the Indian legal landscape a PA system sits at the intersection of several regulative regimes: environmental…

Introduction Psychotropic substances occupy a central place in India’s criminal and regulatory law landscape. They are the substances that alter perception, mood, consciousness or behaviour and therefore attract stringent controls under domestic and international law. For practitioners—criminal lawyers, regulatory counsel, forensic experts and trial judges—the concept drives investigation strategy, evidentiary framing (especially scientific proof and…

Introduction Provident Fund (PF) is not merely a social-security phrase — it is a statutory regime that governs retirement savings, short‑term advances and post‑employment benefits for millions of organised‑sector workers in India. For practitioners, PF law is a recurrent feature in employment litigation, recovery proceedings, company due diligence, tax planning and insolvency work. Mastery of…

Introduction “Protective home” is a practical—often statutory—label for an institution that houses persons who are unable to care for themselves and who require state or institutional care, supervision and rehabilitation rather than punitive custody. In the Indian legal landscape the concept is central to the law governing children, women, the destitute, victims of trafficking and…

Protection Officer Introduction The Protection Officer is a central, frontline institutional mechanism created by the Protection of Women from Domestic Violence Act, 2005 (PWDVA) to translate statutory entitlements into on‑ground relief for victims of domestic violence. Functioning as a statutory liaison between the aggrieved person and the justice, police and social support systems, the Protection…

Introduction Prostitution — understood simply as the exchange of sexual services for money or other consideration — occupies a contested and highly regulated space in Indian law. Unlike many jurisdictions, Indian law does not criminalize consensual adult sex work per se; instead it criminalizes a cluster of activities surrounding prostitution: exploitation, trafficking, brothel-keeping, pimping, solicitation…

Introduction Prosecution — the State’s institutional exercise of bringing an accused before a court and proving guilt — is the axis around which criminal adjudication turns. In Indian practice, “prosecution” is not merely the filing of a charge-sheet: it encompasses investigation oversight, charging decisions, disclosure, witness management, courtroom presentation, and the duty to ensure a…

Introduction Product liability—broadly, the legal responsibility of manufacturers, sellers and service‑providers for harm caused by their products—is a cornerstone of consumer protection in India. Its importance has increased with product complexity, global supply chains, and expansion of consumer markets (pharmaceuticals, automobiles, electronics, FMCG, food). For practitioners, product‑liability work sits at the intersection of contract, tort,…

Introduction A “Proclaimed Offender” is a procedural label in Indian criminal law, invoked when a person against whom criminal process (summons or warrant) has been issued deliberately evades service or arrest and cannot be brought to court despite reasonable efforts. The device of proclamation and attachment is remedial — aimed at compelling appearance by publicising…

Introduction “Proceedings” is a foundational, procedural concept in Indian law — the structured sequence of acts, filings, hearings and orders by which rights are asserted, liabilities adjudicated and remedies executed before a forum. Whether in a civil court, a criminal court, an arbitral tribunal or a quasi‑judicial authority, the form and consequences of proceedings determine…

Introduction A Probation Officer (PO) is a statutory functionary at the interface of criminal justice, social work and administration of rehabilitative sentencing. In India the PO embodies the remedial, supervisory and reporting arm of non‑custodial measures—monitoring offenders released on probation, preparing pre‑sentencing and post‑release reports, supervising juvenile and adult offenders and co‑ordinating statutory social support….

Introduction Probation is a sentencing and child‑welfare tool that keeps an offender — adult or child — out of immediate institutional custody while subjecting them to conditions designed to secure rehabilitation, public safety and compliance with the law. In India it operates in two overlapping but distinct registers: (i) as a sentencing option and supervisory…

Introduction Probate is the judicial process by which a will is proved to be the valid last testament of a deceased person and a formal grant (probate or letters of administration with the will annexed) is made by a court to give the executor or administrator authority to deal with the testator’s assets. In India,…