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Legal Glossary

Common legal words, explained in plain language. Search, or jump to a letter.

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Acquittal: A court's finding that the accused is not guilty, which brings the prosecution to an end.
Adjournment: The postponement of a hearing to a later date.
Affidavit: A written statement of facts that the maker swears or affirms to be true, used as evidence in court.
Anticipatory bail: An order granting bail in advance to a person who fears arrest in a non-bailable offence, so that if arrested they are released on bail.
Appeal: A request to a higher court to review and change the decision of a lower court.
Arbitration: A private way of resolving a dispute outside court, in which an arbitrator hears both sides and gives a binding decision called an award.

Bail: The release of an arrested or accused person from custody, usually on furnishing a bond, with or without sureties, on conditions meant to ensure they attend court.
Bailable offence: An offence for which bail is a matter of right: the accused is entitled to be released on furnishing bail.

Cause of action: The set of facts that gives a person the right to sue. The limitation period usually runs from the date it arises.
Caveat: A notice filed in court asking that no order be passed in a stated matter without first hearing the person who filed it.
Charge sheet: The final report the police file after investigation when they find enough evidence, placing the accused for trial. Also called a police report.
Cognizable offence: An offence in which the police may register a case and arrest without the prior permission of a magistrate, and are bound to investigate. These are generally the more serious offences.
Cognizance: A court's act of formally taking notice of an offence so as to begin proceedings.
Compoundable offence: An offence that the complainant is permitted by law to settle with the accused, ending the case, with the court's permission where the law requires it.
Cross-examination: The questioning of a witness by the opposing side, to test their evidence.
Custody (child): The legal right to care for and take decisions for a child. Courts decide it by what is in the welfare of the child.

Decree: The formal expression of a court's decision that conclusively determines the rights of the parties in a suit.
Decree-holder: The person in whose favour a decree is passed and who is entitled to enforce it.
Defendant: The person against whom a civil suit is filed.
Discharge: An order releasing the accused before trial because there is not enough ground to proceed against them.

Ex parte: A step taken, or an order passed, in the absence of or without hearing the other side.
Execution: The process of enforcing a decree or order so that the successful party actually receives what the court awarded.

First Information Report (FIR): The written record the police make when they first receive information about a cognizable offence. It sets the criminal process in motion.

Injunction: A court order requiring a party to do, or to stop doing, a particular act.
Interim relief: Temporary relief granted while a case is pending, to hold the position until the case is finally decided.

Judgment: The statement by the judge of the grounds for a decree or order.
Judgment-debtor: The person against whom a decree is passed and who is liable under it.
Jurisdiction: The authority of a particular court to hear and decide a matter, by its subject, its value or its territory.

Limitation: The time limit fixed by law within which a suit, appeal or application must be brought. After it expires, the remedy is usually barred even if the right survives.

Maintenance: Financial support that one person is legally bound to provide to another, such as a spouse, child or parent.
Mutual-consent divorce: A divorce granted when both spouses agree to end the marriage and to the terms of their separation.

Non-bailable offence: An offence for which bail is not a matter of right but lies in the discretion of the court.
Non-cognizable offence: A less serious offence in which the police generally cannot arrest without a warrant or investigate without an order of a magistrate.

Petitioner: The person who files a petition, for example a writ petition or an appeal by way of petition.
Plaint: The written statement of claim with which a plaintiff begins a civil suit, setting out the facts and the relief sought.
Plaintiff: The person who files a civil suit.
Power of attorney: A document by which one person authorises another to act on their behalf in stated matters.
Probate: A court's certification that a will is genuine and that the executor may administer the estate.

Remand: An order sending an arrested person to custody, whether police or judicial, for a period while investigation or trial continues.
Respondent: The person against whom a petition or an appeal is filed.
Review: A request to the same court that passed an order to reconsider it, on limited grounds such as an error apparent on the face of the record.
Revision: A higher court's examination of a subordinate court's order to correct a serious error of jurisdiction or law, where no appeal lies.

Specific performance: A remedy by which a court directs a party to actually carry out their contract, instead of only paying damages.
Summons: A document issued by a court directing a person to appear before it, as a party or as a witness.

Vakalatnama: The document by which a party authorises an advocate to act for them in a case.

Writ: A formal order of a High Court under Article 226, or of the Supreme Court under Article 32, to enforce legal and fundamental rights. The main writs are habeas corpus, mandamus, prohibition, certiorari and quo warranto.
Written statement: The defendant's written reply to a plaint, admitting or denying the claims and setting up any defence.

Plain-language explanations for general guidance only, not legal advice. For advice on your own matter, please contact the firm.