Legal Glossary

The guilty act — the physical act or omission that constitutes the external element of a crime.

Hear the other side — a fundamental principle of natural justice requiring every person to be given notice and opportunity to be heard before a decision affecting them is made.

Friend of the court — a neutral expert who assists the court without being a party to the case.

From the beginning — a legal act that is void from its very inception, as if it never existed.

Bail granted in anticipation of arrest � a pre-arrest order directing that the applicant be released if arrested.

Intentionally aiding, encouraging, or facilitating another person to commit a crime.

A direct, proximate act towards committing an offence that falls short of completion.

A statement acknowledging a relevant fact � broader than a confession, applicable to civil and criminal cases.

An accomplice granted a pardon in exchange for testifying truthfully against co-accused.

A formal court finding that the accused is not guilty of the charged offence.

A legal proceeding where a higher court reviews a lower court's decision to correct errors of law or fact.

The power of a court to review decisions of lower courts on appeal.

In good faith — genuine, sincere, and without deception or fraud.

An offence where bail is a right � the accused is entitled to bail as a matter of course.

The doctrine that certain essential features of the Constitution cannot be amended or destroyed by Parliament even with unlimited amending power.

The obligation placed on a party to prove a fact in issue � in criminal cases, on the prosecution; in civil cases, usually on the plaintiff.

The highest standard of proof in criminal law � the prosecution must eliminate every reasonable doubt about the accused's guilt.

To be certified — a writ quashing the decision of an inferior court or tribunal that has acted without jurisdiction or in violation of natural justice.

Let the buyer beware — the buyer purchases at their own risk and must investigate the quality and fitness of goods.

The final police report submitted to the magistrate after investigation, setting out offences and evidence against the accused.

An offence for which police can arrest without a warrant and investigate without prior magistrate permission.

The lawful detention of a person by the state � police custody or judicial custody.

An offence that can be settled privately between complainant and accused, with or without court permission.

An agreement between two or more persons to do an illegal act or a legal act by illegal means.

A shared criminal purpose making each participant equally liable for acts done in furtherance of that purpose.

The shared unlawful objective of an unlawful assembly � making every member vicariously liable.

An acknowledgement of guilt by the accused � either direct or by admitting all facts constituting the offence.

Indirect evidence that allows an inference to be drawn about the main fact from surrounding circumstances.

A formal court finding that the accused is guilty beyond reasonable doubt, leading to imposition of sentence.

Substitution of a lesser punishment for a greater one � e.g., death sentence changed to life imprisonment.

The judicial act of a magistrate taking formal notice of an offence and deciding to proceed.

The formal written accusation stating the specific offence(s) the accused is alleged to have committed.

Wilful disobedience of a court order or behaviour that scandalises or interferes with the administration of justice.

Independent evidence that confirms or supports the testimony of another witness or piece of evidence.

The set of facts that entitles a person to bring legal proceedings � the factual and legal basis for a lawsuit.

Any electronic, magnetic, optical or high-speed data processing device that performs logical, arithmetic, and memory functions — defined broadly to include smartphones, servers, and IoT devices.

Criminal offences under Section 66 of the IT Act involving dishonest or fraudulent acts in relation to computer systems — punishable with imprisonment up to three years and/or fine.

A licensed entity under the IT Act authorised to issue Digital Signature Certificates — operating under the supervision of the Controller of Certifying Authorities.

The primary lawful basis for processing personal data under the DPDP Act — must be free, specific, informed, unconditional, and unambiguous, given through a clear affirmative action.

A DPDP-specific registered intermediary through which Data Principals can centrally give, manage, review, and withdraw consent across multiple Data Fiduciaries.

In fact — a state of affairs that exists in reality, even without legal sanction.

In law — a state of affairs recognised by law, regardless of whether it exists in practice.

Incapable of crime — the presumption that young children cannot form criminal intent and are not criminally liable.

Being tried twice for the same offence — a constitutional protection against prosecution after acquittal or conviction for the same crime.

Bail granted as a right when police fail to file a chargesheet within the statutory deadline.

A statement by a person expecting imminent death regarding the cause or circumstances of their death � admissible as a hearsay exception.

Non-justiciable guidelines in Part IV of the Constitution directing the state towards social and economic justice.

A formal expression of the adjudication of a civil court on a matter in issue � the court's formal decision in a civil suit.

A monetary award by a court to compensate a claimant for loss or injury caused by the defendant's wrongful act.

A PKI-based cryptographic authentication mechanism that verifies the identity of the signatory and ensures the integrity of an electronic document.

Under the IT Act, any representation of information, knowledge, facts, concepts, or instructions prepared or being prepared in a formalised manner — distinct from 'personal data' under the DPDP Act.

The entity that determines the purpose and means of processing personal data — equivalent to a 'Controller' under the GDPR, but with the stronger 'fiduciary' duty of care.

The individual to whom personal data relates — equivalent to a 'Data Subject' under the GDPR, but with the term 'Principal' reflecting agency and ownership over one's data.

An entity that processes personal data on behalf of a Data Fiduciary — similar to a GDPR 'Processor', but with fewer direct statutory obligations under the DPDP Act.

The statutory authority established under the DPDP Act 2023 to adjudicate complaints, conduct inquiries, and impose penalties for violations of the Act.

A senior officer appointed by Significant Data Fiduciaries under the DPDP Act to ensure compliance, serve as the Data Principal's point of contact, and oversee data protection practices.

On one side only — a hearing or order made without the presence of or notice to the other party.

A witness with specialised knowledge who gives opinion evidence on technical matters.

The formal process of surrendering a person from one country to another to face criminal proceedings.

Any data, record, image, or sound stored, received, or sent in electronic form — legally equivalent to a paper document under the IT Act.

A technology-neutral authentication method — broader than digital signature — that includes OTPs, biometrics, and Aadhaar-based eSign, introduced by the IT (Amendment) Act 2008.

The first written document recording information about a cognizable offence, lodged with police to set criminal law in motion.

Justiciable rights guaranteed to every person in India under Part III of the Constitution � enforceable directly in the Supreme Court.

Produce the body — a writ directing a person detaining another to bring the detainee before the court to examine the lawfulness of detention.

An out-of-court statement offered to prove what was stated � generally inadmissible but subject to exceptions.

A witness who turns adverse to the party that called them, giving evidence contrary to their earlier statement.

In private — court proceedings conducted with the public and press excluded.

Within the powers — an act or law within the legal authority of the person or body that performed it.

A temporary or interim order passed during proceedings � not a final decision on the merits.

A court order requiring a party to do (mandatory) or refrain from doing (prohibitory) a specific act.

Any entity that receives, stores, or transmits electronic records on behalf of another — including social media platforms, ISPs, search engines, and e-commerce marketplaces.

Fraudulently or dishonestly using another person's electronic signature, password, or unique identification feature — an offence under Section 66C of the IT Act.

The power of courts to examine the validity of laws and executive actions and strike them down if inconsistent with the Constitution.

The legal authority of a court to hear and decide a particular case � defined by subject matter, territory, and pecuniary limits.

The reasoned statement of a court setting out its decision and the reasons for it � the document from which a decree or order flows.

Right to stand — a party's legal right or standing to bring an action before a court.

The statutory time limit within which a legal action must be brought � claims filed after this period are barred.

The limited category of non-consent-based lawful grounds for processing personal data under Section 7 of the DPDP Act — narrower than GDPR's six lawful bases.

The guilty mind — the mental element or criminal intent required for an act to constitute a crime.

We command — a writ directing a public authority, court, or official to perform a mandatory public duty they have failed or refused to perform.

In bad faith — acting with dishonest intent, deceit, or ulterior motive.

No one should be a judge in their own cause — a principle of natural justice requiring absence of bias in decision-making.

An offence for which police cannot arrest without a warrant and must obtain a magistrate's order before investigating.

An offence where bail is not a right � the court exercises discretion guided by statutory criteria.

Things said in passing — judicial remarks made incidentally, not essential to the decision, and not binding as precedent.

The power of a court to hear a case for the first time, without it first being heard by a lower court.

At first sight — evidence sufficient on its face to establish a fact or presume a legal conclusion unless rebutted.

Pre-trial negotiation where the accused pleads guilty to a lesser charge or for a lighter sentence.

Community supervision as an alternative to imprisonment � the offender remains in the community under conditions.

Conditional, supervised early release of a prisoner before completion of their full sentence.

Litigation filed by a public-spirited citizen on behalf of the public interest � to enforce rights of the underprivileged.

The imposition of central government rule in a state when constitutional governance breaks down � also called State Emergency.

The fundamental principle that every accused person is presumed innocent until proven guilty beyond reasonable doubt.

The offence of knowingly making a false statement on oath in a judicial proceeding.

Any data about an individual who is identifiable by or in relation to such data — the foundational concept of the DPDP Act 2023.

By what authority — a writ challenging a person's right to hold a public office or exercise a public franchise.

A matter already judged — a final court decision on a matter bars re-litigation of the same issue between the same parties.

The reason for the decision — the binding legal principle or rule that forms the basis of a court's judgment.

Post-arrest bail to release the accused from custody pending trial.

An order sending the accused back into custody � police custody (investigation) or judicial custody (pending trial).

Reduction of a sentence already being served � the remaining punishment is shortened by executive authority.

Supervisory jurisdiction of the High Court or Sessions Court to correct errors of inferior courts � not a full rehearing.

A limitation on fundamental rights that is proportionate, necessary, and based on legitimate grounds specified in the Constitution.

A Data Principal's right under Section 12 of the DPDP Act to request erasure of personal data that is no longer necessary for the purpose for which it was collected.

A unique DPDP Act right allowing a Data Principal to nominate another individual to exercise their data rights in the event of death or incapacity — with no equivalent in the GDPR.

Stand by what has been decided — the doctrine that courts are bound by their previous decisions and those of higher courts.

Under a judge — a matter currently under judicial consideration that must not be publicly prejudged.

Without which not — an indispensable condition without which something cannot exist or occur.

On its own motion � a court taking action without being prompted by any party.

A court order temporarily halting proceedings or enforcement of a judgment pending appeal or further hearing.

The division of governmental authority among the legislature, executive, and judiciary to prevent concentration of power.

A court order compelling a party to perform their contractual obligations as agreed, rather than paying damages.

Liability without fault � a person is held liable for harm caused by their activity regardless of whether they were negligent.

A court order temporarily halting proceedings or enforcement of a judgment pending appeal or further hearing.

The offence of exciting disaffection or disloyalty against the government � a colonial-era law repealed by the BNS in 2023.

The legal protection under Section 79 of the IT Act that shields intermediaries from liability for third-party content they host or transmit, subject to prescribed due diligence.

A Data Fiduciary designated by the Central Government as warranting enhanced obligations due to the scale, sensitivity, or strategic importance of the data it processes.

The geographic area within which a court has authority to hear and decide cases.

A civil wrong (other than breach of contract) for which the law provides a remedy in the form of damages or injunction.

The movement of a pending case from one court to another for reasons of fair trial, convenience, or justice.

Beyond the powers — an act or law that exceeds the legal authority of the person or body that performed it.

To a willing person no injury is done — a defence where voluntary assumption of risk bars a claim for resulting harm.

Liability imposed on a person for the wrongful acts of another person � typically an employer for the torts of an employee.