Sexual intercourse with a woman without her consent or against her will.
Explanation
A serious criminal offence involving penetration of a woman's body without her free and informed consent — defined with seven specific grounds of lack of consent.
Statutory Provision
BNS 2023, Section 63 (formerly IPC Section 375); POCSO Act, 2012 for child sexual abuse.
The legal principle or rule of law that forms the necessary basis for a court's decision in a case — the ratio is the binding part of a judgment that must be followed by lower courts under the doctrine of stare decisis.
Explanation
Ratio decidendi (Latin: 'the reason for deciding') is the part of a judgment that constitutes binding precedent. Distinguished from obiter dicta (passing observations that are not necessary to the decision), the ratio is the legal principle without which the decision would have been different. Identifying the ratio of a case is a complex analytical task — particularly in cases decided by multiple judges with different reasoning. Indian courts under Article 141 of the Constitution are bound by the law declared by the Supreme Court. The Supreme Court's ratio in any case binds all courts in India; High Court ratios bind all courts within their jurisdiction.
Statutory Provision
Article 141, Constitution of India: 'The law declared by the Supreme Court shall be binding on all courts within the territory of India.' This provision makes the Supreme Court's ratio decidendi binding on all Indian courts — the key constitutional basis for the doctrine of precedent in India.
A neutral person appointed by the court to take custody and manage property that is the subject matter of litigation — preserving the property during the pendency of the suit and preventing its dissipation or deterioration.
Explanation
A receiver under Order XL of the CPC is appointed by the court when: (a) it appears necessary for the conservation of the disputed property; (b) there is a danger of the property being dissipated, wasted, or destroyed during the pendency of the suit; or (c) neither party can be trusted with the management of the property during litigation. The receiver is an officer of the court — they manage the property in the court's name, can collect rents and profits, and must account to the court. The receiver's appointment supersedes the parties' rights of possession — neither party can deal with the property without the court's permission.
Statutory Provision
Order XL Rule 1, Code of Civil Procedure, 1908: 'Where it appears to the Court to be just and convenient, the Court may by order — (a) appoint a receiver of any property, whether before or after decree; (b) remove any person from the possession or custody of the property; (c) commit the same to the possession, custody or management of the receiver; and (d) confer upon the receiver all such powers, as to bringing and defending suits and for the realisation, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such of those powers as the Court thinks fit.'
A commitment or obligation where both parties are bound to each other — each party's obligation is conditioned on the other's performance, so that neither party can enforce their right without having performed or being ready to perform their own obligation.
Explanation
Reciprocal commitment (or mutual obligation) is the defining feature of bilateral contracts and certain criminal law doctrines. In contract law, it refers to promises which form consideration for each other (Section 2(f) ICA) — the reciprocal obligations of a sale, lease, employment, or any bilateral contract. In criminal law, 'reciprocal commitment' sometimes describes joint obligations in criminal conspiracies — each conspirator's agreement is premised on the others' participation. The concept is also relevant in peace agreements and plea bargaining — where the prosecution and accused have reciprocal obligations (prosecution reduces charges, accused pleads guilty).
Statutory Provision
Section 2(f), Indian Contract Act, 1872: 'Promises which form the consideration or part of the consideration for each other are called reciprocal promises.' Sections 51-58 ICA govern the performance of reciprocal promises — simultaneous performance, order of performance, effect of refusal to perform, and consequences of preventing performance.
A rule of statutory interpretation that where a statute contains several subjects and several qualifications, each qualification applies to the subject most appropriate to it — distributing words in the statute to the items they most naturally fit.
Explanation
Reddendo singula singulis (Latin: 'referring each to each' or 'rendering each to each') is the distributive rule of statutory interpretation. Where a statute refers to several subjects and then provides several qualifications, the qualifications are distributed to the subjects to which they most naturally apply — not applied to all subjects collectively. The classic example: 'Shooting or stabbing with a knife or revolver' — the rule distributes the weapon to the appropriate act: shooting with a revolver; stabbing with a knife. Applying the rule avoids the awkwardness of 'stabbing with a revolver' or 'shooting with a knife.'
Statutory Provision
No statutory provision — reddendo singula singulis is a judge-made interpretive rule. Applied in Indian courts where a statute lists multiple subjects followed by qualifications that clearly apply to different subjects. The court 'distributes' each qualification to the appropriate subject rather than reading the qualifications as applying to all subjects collectively.
A process under Section 66 of the Companies Act, 2013 by which a company reduces its share capital — subject to NCLT confirmation — by cancelling paid-up capital that is lost or unrepresented by available assets, or by returning surplus capital to shareholders.
Explanation
Reduction of capital under Section 66 CA 2013 requires: (a) a special resolution; (b) confirmation by the National Company Law Tribunal (NCLT). The company files a petition before the NCLT; the Tribunal considers objections from creditors (if any); and if satisfied that no creditor is prejudiced, confirms the reduction. Common scenarios: (a) writing off losses that eroded paid-up capital (capital that was lost); (b) returning surplus capital to shareholders (capital not needed for business); (c) as part of a scheme of arrangement or restructuring. Once confirmed by NCLT, the company files the order with the Registrar of Companies. Private companies may now also reduce capital by special resolution without NCLT confirmation (Section 66 Proviso — added by 2020 amendment).
Statutory Provision
Section 66(1), Companies Act, 2013: 'Subject to confirmation by the Tribunal, a company limited by shares or limited by guarantee and having a share capital may, by a special resolution, reduce the share capital of the company in any manner, and in particular, may — (a) extinguish or reduce the liability on any of its shares in respect of share capital not paid-up; or (b) either with or without extinguishing or reducing liability on any of its shares, — (i) cancel any paid-up share capital which is lost or is unrepresented by available assets; or (ii) pay off any paid-up share capital which is in excess of the wants of the company.'
The submission of a question of law by a lower court to a higher court (usually the High Court) for its opinion, where the lower court feels unable to decide the question definitively.
Explanation
Reference is the statutory mechanism by which a subordinate court, when confronted with a legal question it feels ill-equipped to decide, refers that question to a higher court for authoritative determination. Under CPC Section 113, a civil court may state a case and refer it to the High Court if it is doubtful as to the law. Under BNSS Section 395 (criminal reference), a Sessions Court or Magistrate may, before deciding, refer the case to the High Court if it involves a substantial question of law. The High Court decides the question and returns the case to the lower court for disposal in accordance with that opinion.
Statutory Provision
Section 395, Bharatiya Nagarik Suraksha Sanhita, 2023: 'Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained therein, the determination of which is necessary for the disposal of the case, such Court shall state a case setting out its opinion thereon and refer the same for the decision of the High Court.'
The recording of a document with the government authority (Sub-Registrar) to confer legal validity on certain transactions.
Explanation
Compulsory registration of certain documents involving immovable property is required under the Registration Act, 1908 — an unregistered document that requires registration is inadmissible as evidence of the transaction.
Statutory Provision
Registration Act, 1908, Sections 17 (compulsory registration) and 49 (effect of non-registration).
Bail granted to a person after arrest, under the court's jurisdiction, in either a bailable or non-bailable offence, upon satisfaction of the conditions stipulated by the court.
Explanation
Regular bail is the standard form of bail granted after a person has been arrested. Unlike anticipatory bail (pre-arrest) or default bail (automatic on timeline expiry), regular bail is applied for after arrest and is governed by BNSS Section 478 (bailable offences) and BNSS Section 480 (non-bailable offences). In bailable offences, regular bail is a right; in non-bailable offences, it is at the court's discretion. The accused applies before the Magistrate or Sessions Court depending on where the case is pending.
Statutory Provision
Section 480, Bharatiya Nagarik Suraksha Sanhita, 2023: 'When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant, or appears or is brought before a Court, he may be released on bail, but the Court shall not grant bail where there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life.'
A form of government in which the head of state is elected for a fixed term by the people (directly or through their representatives) rather than being a hereditary monarch — India is a republic with the President as elected head of state.
Explanation
India is a 'Republic' because its head of state — the President — is elected (indirectly, by an electoral college of elected representatives) for a fixed term (5 years, Article 56) and is removable (by impeachment, Article 61). This contrasts with a monarchy where the head of state is hereditary and holds office for life. The Republic concept also implies that public power is a trust held for the public good ('res publica' — public thing), not the private property of a ruler. India became a Republic on January 26, 1950 — celebrated as Republic Day — when the Constitution came into force, replacing the constitutional monarchy of the British Crown.
Statutory Provision
Article 52, Constitution of India: 'There shall be a President of India.' Article 54: 'The President shall be elected by the members of an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States.'