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Basic Legal Terms (India)

A glossary from a Hinglish explainer by Priya Jain. The video names no statute sections; the CrPC and IPC it alludes to were replaced by the BNSS and BNS in July 2024.

Who Is Who​

  • Lawyer: anyone with an Indian law degree (5-year integrated after 12th, or 3-year LLB after graduation)
  • Advocate: a lawyer who has enrolled with a State Bar Council and cleared the All India Bar Examination (AIBE), with a Certificate of Practice and the right to argue in courts
  • Barrister: the same qualification obtained in the UK (Gandhi and Ambedkar)
  • Senior Advocate: a title conferred (not an exam) after roughly 10+ years of standing and expertise, with a distinct gown
  • Advocate-on-Record (AOR): the only advocate who can file cases in the Supreme Court (others can argue); needs 4 years of practice, 1 year of training under an AOR and the Supreme Court AOR exam
  • Law officers: the Attorney General is the first law officer and advises and represents the Centre, the Solicitor General assists as second law officer, and the Advocate General is the State's highest law officer

Case Types and Terms​

  • Civil (property, rent, money, contract, divorce): the aim is compensation or a specific resolution, not jail. The plaintiff files the plaint, the defendant replies with a written statement, and the plaintiff answers a counter-claim with a rejoinder. The client signs a vakalatnama to authorise the advocate (a new one for each new advocate)
  • Constitutional (fundamental rights, PIL, unlawful arrest): goes directly to the High Court or Supreme Court. The petitioner files a petition, the respondent a counter-affidavit, and the petitioner's reply is again a rejoinder
  • Criminal (murder, assault, theft): the victim is the complainant and the person charged is the accused (innocent until proven guilty). The State prosecutes through the public prosecutor because crime is treated as against society, and the outcome is acquittal or conviction

Police and Court Procedure​

  • Cognizable offences (serious: murder, rape, kidnapping): police can arrest without a warrant and register an FIR immediately
  • Non-cognizable offences (less serious): no arrest without a warrant, and police record a non-cognizable report (NCR) and act only on a magistrate's order. An NCR also serves as an acknowledgement, e.g. for a lost wallet or documents, or a duplicate SIM
  • Bailable vs non-bailable: bail is a right for bailable offences (a bond at the police station), while for non-bailable offences only the court grants bail, at the judge's discretion rather than as a refusal. These are general tendencies, not strict rules
  • Compoundable vs non-compoundable: compoundable offences can be settled out of court; serious non-compoundable ones cannot and the trial proceeds
  • Police custody vs judicial custody: police custody is in the lockup for interrogation, a person cannot be held beyond 24 hours without a magistrate's permission, and the court can authorise up to 15 days at a time. Judicial custody is in jail under court control (to protect the person and prevent tampering with evidence or witnesses) until bail or the end of the trial, and police need court permission to question

Drafting Phrases​

PhraseMeaning
subject toconditional
shallmandatory
mayoptional
notwithstanding anything hereinoverrides everything else in the document
as otherwise providedanother rule prevails
hereinaftershort-form definition
and/oreither or both
provided thata condition or proviso