Legal Dictionary

Sections 29-34 of the BNS 2023 (formerly Sections 96-106 IPC) establish the right of private defence. The right extends to: (a) defence of body (Section 29 BNS) — against any offence affecting the human body; and (b) defence of property (Section 32 BNS) — against theft, robbery, mischief, house-trespass. Key limits: (a) the right commences when there is a reasonable apprehension of danger — it cannot be exercised after the danger has passed; (b) there must be no time to seek public authority's protection; (c) the harm inflicted must be proportionate to the threat. The right to cause death exists only in narrowly defined circumstances: (i) assault reasonably causing apprehension of death or grievous hurt; (ii) rape; (iii) kidnapping; (iv) acid attack; (v) wrongful confinement where escape is impossible; (vi) robbery/dacoity.

Article 32 is both a fundamental right (the right to constitutional remedies itself) and the mechanism for enforcing all other fundamental rights. Without it, other fundamental rights would be mere declarations. The Supreme Court under Article 32 can issue the five constitutional writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto) and other directions to enforce fundamental rights. Article 32 cannot be suspended except during a proclaimed National Emergency — and even then, Articles 20 and 21 can never be suspended. Dr. Ambedkar called Article 32 'the most important article — without which this Constitution would be a nullity.'

Article 21A makes education a fundamental right for children aged 6-14. The Right to Education Act, 2009 (RTE Act) was enacted to give effect to this right, mandating neighbourhood schools, free education, no capitation fees, 25% reservation in private unaided schools for economically weaker sections (Section 12(1)(c) RTE), and teacher-pupil ratios. Before the 86th Amendment, education was a directive principle (Article 41 DPSP) — non-justiciable. The Supreme Court in Unni Krishnan v. State of AP (1993) had read a limited right to elementary education into Article 21 before Article 21A was enacted.

Equality before law and equal protection of laws.

Six freedoms including speech, assembly, association, movement, residence and profession.

Freedom to profess, practice and propagate religion.

Statutory right to seek information from public authorities.

Expansive fundamental right under Article 21 including rights to livelihood, health, education, and dignity.

Article 21 is the most litigated and judicially expanded fundamental right in India. Originally read narrowly in A.K. Gopalan v. State of Madras (1950) — limited to procedural protection against arbitrary arrest — it was dramatically expanded in Maneka Gandhi v. Union of India (1978) 1 SCC 248. The Supreme Court held that 'procedure established by law' must be 'right, just, and fair' — introducing substantive due process into Article 21. Since 1978, the Court has read into Article 21 rights to livelihood (Olga Tellis 1985), education (Mohini Jain 1992), health (Paschim Banga 1996), environment (Subhash Kumar 1991), privacy (Puttaswamy 2017), and right to die with dignity (Common Cause 2018).

Now a constitutional right under Article 300A.

A rights issue under Section 62(1)(a) of the Companies Act, 2013 offers existing shareholders the right (but not the obligation) to subscribe for additional shares in proportion to their current holdings. The purpose is dual: (a) capital raising for the company; and (b) preservation of existing shareholders' proportionate ownership. Shareholders who do not wish to exercise their rights can typically renounce them to others (subject to company policy). Listed companies follow SEBI ICDR Regulations for rights issues. The 'Rights Entitlement Ratio' determines how many new shares each shareholder may subscribe for per existing share held (e.g., 1 new share for every 4 held). Rights issues are often at a discount to motivate subscription.

The commission of force or violence by any member of an unlawful assembly in prosecution of their common object — the aggravated form of unlawful assembly.

Aggravated form of theft or extortion where the accused uses or threatens instant force — making it a more serious property offence.

The ROC functions as the first-level regulator and record-keeper for companies. Key functions: (a) company registration (incorporation of new companies); (b) maintenance of the register of companies and their documents; (c) filing of annual returns, financial statements, and other mandatory documents; (d) striking off inactive companies (Section 248 CA 2013); (e) inspection of company documents; (f) enforcement of compliance with CA 2013 provisions; and (g) reporting to the MCA on company affairs. There are ROC offices in major cities — currently 25 ROC offices for different states. The Registrar of Companies, Delhi is the largest (incorporating the maximum number of companies). ROC's documents are accessible on the MCA portal — public can inspect any company's documents.

Principle that every person and government is subject to the law.