The territorial area within which a court or police station has the authority to exercise its judicial or investigative powers.
Explanation
Local jurisdiction determines which court or police station has authority over a particular matter based on where the offence occurred, where the accused was found, or where the cause of action arose. Under BNSS Section 2(o), local jurisdiction refers to the local area within which a court or Magistrate may exercise powers. Jurisdictional errors can vitiate proceedings — a court without territorial jurisdiction cannot try an accused. However, courts have power to transfer cases for the ends of justice.
Statutory Provision
Section 2(o), Bharatiya Nagarik Suraksha Sanhita, 2023: 'Local jurisdiction, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Sanhita.'
The right of a person to appear and be heard by a court — the legal standing required to institute a suit, petition, or proceedings, typically meaning the person must have a direct and personal stake in the outcome.
Explanation
Locus standi (Latin: 'place of standing') is the right to bring a legal action. The traditional rule: only a person whose own legal right has been infringed has locus standi. Without locus standi, a petition or suit is dismissed at the threshold without examining the merits. However, Indian courts — particularly through the development of PIL — have dramatically liberalised locus standi: any person or organisation acting in good faith for public interest may petition the High Court (Article 226) or Supreme Court (Article 32) without personally being affected by the wrong complained of. This liberalisation was spearheaded by Justice P.N. Bhagwati in S.P. Gupta v. Union of India AIR 1982 SC 149.
Statutory Provision
No statutory definition — locus standi is a common law concept modified by judicial decisions. Order I Rule 1 CPC (for civil suits): the plaintiff must be a person who has the right to sue — implicitly requiring a legal interest in the subject matter. For constitutional petitions: Article 32 (Supreme Court) and Article 226 (High Courts) use the phrase 'appropriate proceedings' — courts have interpreted this to include PIL petitions by persons without personal stake. The traditional Order XLVII Rule 1 CPC (review): 'any person aggrieved by a decree or order' — requiring personal aggrievement.
A statutory form of alternative dispute resolution under the Legal Services Authorities Act, 1987 — a forum where disputes are settled through compromise and conciliation; the award passed by the Lok Adalat is final, binding, and deemed a decree of a civil court, and is not appealable.
Explanation
Lok Adalats (People's Courts) are established under Chapter VI of the Legal Services Authorities Act, 1987 by the National Legal Services Authority (NALSA), State Legal Services Authorities (SLSAs), District Legal Services Authorities (DLSAs), and High Court Legal Services Committees. They may be organised permanently or periodically. Cases that can be referred to Lok Adalat: any matter pending before a court; pre-litigation disputes (if both parties agree). The Lok Adalat has no jurisdiction over non-compoundable offences. If no settlement is reached, the case goes back to the court from which it was referred. There is no court fee; and if a matter pending in court is settled in Lok Adalat, the court fee paid is refunded.
Statutory Provision
Section 19, Legal Services Authorities Act, 1987: 'Every State Authority shall organise Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.' Section 20: procedure; Section 21: award of Lok Adalat — 'Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and shall be final and binding on the parties to the dispute, and no appeal shall lie to any court against the award.'
Person intermittently or continuously of unsound mind.
Explanation
Historical legal term for a person suffering from mental disorder; replaced in modern law by 'person with mental illness' under the Mental Healthcare Act, 2017.
Statutory Provision
Mental Healthcare Act, 2017 (superseded the Indian Lunacy Act, 1912 which used this term).
