Showing posts with label Jurisprudence. Show all posts
Showing posts with label Jurisprudence. Show all posts

Monday, 5 October 2026

Discharge, Acquittal, Conviction and Release under BNSS

1. Discharge 

   Discharge means that at an early stage of the proceedings, the Court finds that there are no sufficient grounds to proceed against the accused. Therefore, the accused is released without framing charges. 


• It takes place before the framing of charges under Section 227 BNSS. 


• The effect of discharge is that the accused is set free and no further proceedings convtinue at that stage. 


- However, there is no bar to a fresh prosecution if proper grounds are later discovered. 


• The State may challenge the order of discharge by filing a revision petition under Section 228 BNSS.


2. Acquittal

  Acquittal means that after a full trial and appreciation of evidence, the court finds the accused not guilty and sets him free. 


• It is governed by Section 354 BNSS. 


• Acquittal is based on the prosecution's failure to prove the case beyond reasonable doubt.


• The accused is honourably cleared of the charges. 


• An acquittal creates a bar against re-trial under the principle of Double Jeopardy (Section 403 BNSS). 


• However, the State may file an appeal against the acquittal with the leave of the Higher Court under Section 378(3) BNSS.


3. Conviction

    Conviction means that after a full trial, the court finds the accused guilty of the offence charged. 


• It is governed by Section 353 BNSS. 


• A conviction is recorded only when the prosecution successfully proves the case beyond reasonable doubt. 


• The effect of conviction is that the accused is held guilty and punished according to law. 


• There is no question of re-trial, and the conviction remains valid unless it is set aside by an appellate court. 


• The accused has the right to appeal against the conviction and sentence under Section 374 BNSS.


4. Release

   Release means that the accused is set free from custody without being tried on merits. 


• It is an order for liberation from custody and may be granted before trial, during trial, or even after conviction, depending upon the provisions of law. 


• It is generally granted on grounds such as bail, personal bond, probation of offenders, compounding of offences, or other legal provisions (e.g., Sections 479, 480, and 473 BNSS).


• Release only frees the accused from custody; the criminal case may still continue. 


• Since the matter has not been decided on merits, there is no bar to further proceedings. 


• Either party may challenge the release order through appropriate legal remedies, including revision under Section 482 BNSS.


Saturday, 3 October 2026

IMPORTANT LEGAL MAXIMS


1. _Ab Initio_ – From the beginning. 

2. _Actio personalis moritur cum persona_ – A personal right of action dies with the person.

3. _Actori incumbit onus probandi_ – The burden of proof is on the plaintiff. 

4. _Actus me invito factus non est mens actus_ – An act done by me against my will is not my act.

5. _Actus non facit reum nisi mens sit rea_ – An act does not make one guilty unless it is accompanied by a guilty mind. 

6. _Actus Dei Nemini Facit Injuriam_: An act of God does injury to no one. 

7. _Alibi_ – At another place.

8. _Amicus Curiae_ – A friend of court.

9. _Assentio mentium_ – The meeting of minds, i.e. mutual assents. 

10. _Audi alteram partem_ – let the other party be heard 


 11. _Bona fide_ – In good faith.

 12. _Caveat actor_ – Let the doer beware. 

 13. _Caveat emptor_ – Let the buyer beware.

 14. _Caveat venditor_ -Let the seller beware.

 15. _Certiorari_ – A writ by which orders passed by an inferior court is quashed. 

 16. _Consensus ad Idem_ - Agreement to the same thing. 

 17. _Damnum sine injuria_ – Damages without injuries.

 18. _Injuria sine damnum_ – Injury without damage. 

 19. _De facto – In fact_ 

       _De jure_ – By law

20. _Delegatus non potest delegare_ - A delegate cannot delegate. 


21. _De minimis_ – About minimal things.

22. _De Minimis Non Curat Lex_ – The law does not govern trifles (unimportant things).

23. _De novo_ – To make something anew, from the beginning.

24. _Dictum_ – Statement of law made by the judge in the course of the decision but not necessary to the decision itself. 

25. _Obiter Dicta_ - Things said in passing judgment.

26. _Ratio Decidendi_ - The reason for the decision.

27. _Doli capax_ – Capable of forming necessary intent to commit a crime.

28. _Doli incapax_ - Inapable of forming necessary intent to commit a crime.

29. _Detinue_ – Tort of wrongfully holding goods that belong to someone else. 

30. _Estoppel_ – Prevented from denying.


31. _Ex gratia_ – As favour.

32. _Ex officio_ – Because of an office held.

33. _Ex parte_ – Proceedings in the absence of the other party. 

34. _Ex post facto_ – Out of the aftermath, or after the fact.

35. _Falsus in uno falsus in omnibus_ – It means false in one thing, false in everything.

36. _Factum probandum_ – The facts that need to be proved.

37. _Factum probans_ – Relevant fact. 

38. _Furiosi nulla voluntas est_ – “a madman has no will" or "a person of unsound mind has no free will".

39. _Habeas corpus_ - A writ to have the body of a person to be brought in before the judge.

40. _Ignorantia facti excusat, Ignorantia juris non-excusat_ – Ignorance of fact is an excuse, but ignorance of the law is no excuse.


41. _Ipso facto_ – By the mere fact.

42. _In lieu of_ – Instead of, in place of.

43. _In personam_ – A proceeding in which relief is sought against a specific person. 

44. _In rem_ - A proceeding or other legal action directed towards a property.

45. _In status quo_ – In the present state.

46. _Inter alia_ – Among other things. 

47. _Inter vivos_ – Between living people (especially of a gift as opposed to a legacy). 

48. _Interest Reipublicae Ut Sit Finis Litium_ – It means it is in the interest of the state that there should be an end to litigation.

49. _Jus in personam_ – Right against a specific person (or party).

50. _Jus in rem_ – Right against the world at large.


51. Justitia nemini neganda est – Justice is to be denied to nobody. 

52. Lex Non Cogit Ad Impossibilia –The law does not compel the impossible.

53. Lex non a rege est violanda – The law must not be violated even by the king.

54. Locus Standi - The right to bring an action or to be heard in a court. 

55. Mala fide – In bad faith.

56. Malum in se or Mala in se (plural) – Wrong or evil in itself, or crime that is considered wrong in and of itself.’ 

57. Malum prohibitum – In a way, opposite of Malum in se. It means ‘crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state.

58. Mandamus  – ‘We command’.

59. Modus operandi – Way of working, or mode of operation.

60. Mutatis Mutandis – With the necessary changes having been made, with the respective differences having been considered.

61. Nemo bis punitur pro eodem delicto – Nobody can be twice punished for the same offence.

62. Nemo debet bis vexari pro una et eadem causa – It means no man shall be punished twice for the same offence. 

63. Nemo debet esse judex in propria causa or Nemo judex in causa sua or Nemo judex in sua causa – Nobody can be the judge in his own case.

64. Nemo moriturus praesumitur mentire – A man will not meet his maker (God) with a lie in his mouth, or, ‘no man at the point of death is presumed to lie.’ 

65. Novation – Transaction in which a new contract is agreed by all parties to replace an existing contract.

66. Nullum crimen sine lege, nulla poena sine lege -  There must be no punishment without law.

67. Particeps criminis – A participator in the actual crime/partner in crime.

68. Per curiam (decision or opinion) – By the court. 

69. Per se – By itself.

70. Prima facie – At first sight.

71. Alimony - a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. 

72. Per incuriam – Because of lack of care.

73. Qui facit per alium, facit per se – He who acts through another acts himself.

74. Qui peccat ebrius luat sobrius – He who does wrong when drunk must be punished when sober.

75. Quid pro quo – Something for something.

76. Qui sentit commodum, sentire debet et onus – It means he who receives advantage must also bear the burden.

77. Quo warranto – By what authority. 

78. Respondeat superior – Let the master answer. 

79. Res ipsa loquitor – The thing speaks for itself. 

80. Res Judicata – A matter already judged.

81. Res Judicata Pro Veritate Accipitur – It means that a judicial decision must be accepted as correct.

82. Salus populi est suprema lex or Suprema lex salus populi – The welfare of the people is the supreme law. 

83. Stare Decisis - To stand by things decided. 

84. Sine qua non – “Without which nothing”. 

85. Suo Motu – On its own motion.

86. Uberrima fides (sometimes uberrimae fidei) – Utmost good faith. 

87. Ubi jus ibi remedium – where there is a right, there is a remedy. 

88. Actus legis nemini facit injuriam - The act of the law does injury to no one.

89. Vis major – Act of God.

90. Volenti non fit injuria – Damage suffered by consent gives no cause of action.

91. Expressio Units Exclusi Alterius – Express mention of one is exclusion of another.

92. Contemporanea Expositio Est Optima et Fortissima in lege –

Contemporaneous exposition is best and strongest in law.

93. Noscitur a Sociis - A word is known by the company it keeps.

94. Ejusdem generis - Of the same kind or nature.

95. Ut Res Magis Valet Quam Pareat - It is better for a thing to have effect than to be made void.

96. Nemo dat quod non habet - no one can give what he does not have.

97. Qui prior est tempore potior est jure - he who is first in time is better in law.

98. Assignatus utitur jure auctoris - an assignee is clothed with the rights of the assignor.

99. Alienatio rei praefertur juri accrescendi - The law favors alienation to accumulation. 

100. Pendent lite nihil innovature - Nothing new should be introduced during the pendency of litigation.

101. Waiver – Voluntarily giving up or removing the conditions.