Glossary A–Z.

A

AffidavitA written statement sworn to be true, which can be used as evidence. Election candidates in India must file one listing their assets and criminal cases.Anticipatory bailBail granted by a court before an arrest, to a person who fears being arrested.ArbitrationSettling a dispute privately through an arbitrator whose decision both sides agree to accept, instead of going to court.Article 32The article of the Constitution that lets anyone go directly to the Supreme Court to enforce a fundamental right. B. R. Ambedkar called it the “heart and soul” of the…Article 370The article that gave Jammu and Kashmir special status. It was made inoperative in August 2019, and the Supreme Court upheld that decision in December 2023.

B

BailThe release of an accused person while their case continues, sometimes on conditions or against a guarantee that they will appear in court.Basic structure doctrineThe principle, set out by the Supreme Court in the Kesavananda Bharati case in 1973, that Parliament can amend the Constitution but cannot destroy its basic features…Bharatiya Nagarik Suraksha SanhitaThe law of criminal procedure — arrest, investigation, bail and trial — that replaced the Code of Criminal Procedure on 1 July 2024.Bharatiya Nyaya SanhitaIndia’s criminal code, which replaced the Indian Penal Code on 1 July 2024. On the same day the Bharatiya Nagarik Suraksha Sanhita replaced the Code of Criminal…Bharatiya Sakshya AdhiniyamThe law of evidence that replaced the Indian Evidence Act, 1872, on 1 July 2024.

C

ChargesheetThe final report the police file in court after an investigation, setting out the evidence and the charges against the accused.Cognisable offenceAn offence for which the police can register a case and arrest without a magistrate’s warrant, usually a serious one.CollegiumThe group of the Chief Justice of India and the senior-most Supreme Court judges that recommends appointments of judges to the Supreme Court and High Courts.Constitution of IndiaThe supreme law of India. It was adopted on 26 November 1949 (now Constitution Day) and came into force on 26 January 1950 (Republic Day).Consumer commissionThe courts for consumer complaints under the Consumer Protection Act, 2019, at district, state and national level.Contempt of courtDisobeying a court’s orders (civil contempt) or acting in a way that scandalises or lowers the authority of a court or interferes with justice (criminal contempt). In…Curative petitionA last chance to ask the Supreme Court to reconsider its own final judgment after a review petition has failed, allowed only in rare cases.

D

DefamationHarming someone’s reputation with false statements. In India it is both a civil wrong, for which damages can be claimed, and a criminal offence under Section 356 of the…Directive Principles of State PolicyThe goals for government set out in Part IV of the Constitution, such as a living wage and free legal aid. They guide law-making but cannot be enforced in court.DPDP ActThe Digital Personal Data Protection Act, 2023: India’s law on how organisations may collect and use people’s personal data, with consent as its basis and a Data…

F

FIRFirst Information Report: the written record police make when they receive information about a cognisable offence — one for which they can arrest without a warrant…Fundamental DutiesA list of citizens’ duties in Article 51A of the Constitution, such as respecting the Constitution and protecting the environment. They were added in 1976.Fundamental RightsThe rights in Part III of the Constitution, such as equality, free speech, life and personal liberty, and religious freedom. They can be enforced in court.

H

Habeas corpusLatin for “you may have the body”: a court order that a detained person be brought before it, so the court can decide whether the detention is lawful.

I

Insolvency and Bankruptcy CodeThe 2016 law that sets a time-bound process for rescuing or winding up companies that cannot pay their debts.International Court of JusticeThe United Nations’ principal court, in The Hague. Its 15 judges settle legal disputes between states and give advisory opinions.International Criminal CourtA permanent court in The Hague that tries individuals for genocide, crimes against humanity, war crimes and the crime of aggression. India is not a party to the Rome…

J

Judicial reviewThe power of the courts to strike down laws and government actions that violate the Constitution.

L

Lok AdalatA “people’s court” that settles disputes by agreement, quickly and without fees. Its awards are final and binding.

P

Prevention of Money Laundering ActThe 2002 law against disguising the proceeds of crime as legitimate money. The Directorate of Enforcement investigates cases under it.Public interest litigationA case filed in court to protect the public interest — for example over pollution or the rights of prisoners. In India any citizen can bring one, even if they are not…

R

Right to InformationThe right of every Indian citizen, under the RTI Act 2005, to ask public authorities for information. They must generally reply within 30 days, or within 48 hours where…

S

SeditionThe old offence of exciting disaffection against the government, in Section 124A of the Indian Penal Code. The Supreme Court put it on hold in 2022, and the Bharatiya…

T

TribunalA specialised body that decides disputes in one field, such as taxes, company law or the environment.

U

Uniform Civil CodeA single set of personal laws on marriage, divorce, inheritance and adoption for all citizens, whatever their religion. Article 44 of the Constitution lists it as a…

W

WritA formal written order of a court. The Supreme Court (Article 32) and the High Courts (Article 226) can issue five kinds: habeas corpus, mandamus, prohibition…