Legal glossary
Plain-language definitions of the terms that turn up in our reporting on the courts of India and the United States. Where a term means something different in each country, both meanings are given. IN marks a term used in India, US a term used in the United States, and terms without a tag are used in both.
A
- Affidavit
- A written statement of facts sworn or affirmed before an officer authorised to administer oaths, and filed in court as evidence. Lying in an affidavit is perjury.
- Amicus curiae
- "Friend of the court." A person or organisation that is not a party to a case but is permitted, or asked, to assist the court with information or argument. In India the court often appoints a senior advocate as amicus in public-interest matters; in the United States amicus briefs are filed by interested groups in appellate cases.
- Anticipatory bail IN
- Bail granted before arrest, under Section 482 of the BNSS, to a person who has reason to believe they may be arrested for a non-bailable offence. There is no direct US equivalent.
- Arbitration
- Private dispute resolution in which the parties agree to let one or more arbitrators decide their dispute instead of a court. The award is binding and can be enforced like a decree, with limited grounds for challenge.
- Article 32 IN
- The provision of the Constitution that lets a person approach the Supreme Court directly for the enforcement of a fundamental right. Article 226 gives the same power, more broadly, to the high courts.
B
- Bail
- Release of an accused person from custody while a case is pending, usually on conditions and sometimes on a bond or surety. Bail is the rule and jail the exception, in the words of both countries' courts, though practice varies.
- Bench
- The judge or judges hearing a case. A "division bench" in an Indian high court is two judges; a "constitution bench" of the Supreme Court is five or more. In the United States, a case heard "en banc" is heard by all the judges of a court of appeals.
- Bharatiya Nyaya Sanhita (BNS) IN
- The criminal code that replaced the Indian Penal Code from 1 July 2024. Its companions are the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam (BSA), which replaced the Evidence Act.
- Brief US
- The written argument a party files in court, setting out the facts, the law and why the court should rule its way. In India the equivalent documents are the plaint, petition, written submissions and, in the Supreme Court, the paper book.
C
- Certiorari
- In the United States, the order by which the Supreme Court agrees to hear a case; a "cert grant" means the court will decide it, and four of nine justices must agree. In India, a writ of certiorari is issued by a high court or the Supreme Court to quash an order of a lower court or authority.
- Chargesheet IN
- The police report filed in court at the end of an investigation, under Section 193 of the BNSS, setting out the offence, the evidence and the accused. If it is not filed within the time limit, the accused becomes entitled to default bail.
- Class action US
- A lawsuit brought by one or more people on behalf of a larger group with the same claim. India's nearest equivalents are a representative suit under the Civil Procedure Code and a class action under Section 245 of the Companies Act.
- Collegium IN
- The group of the Chief Justice of India and the senior-most judges of the Supreme Court that recommends appointments and transfers of judges to the Supreme Court and the high courts. It is a creation of case law, not the text of the Constitution.
- Constitution Bench IN
- A bench of five or more Supreme Court judges, required by Article 145(3) for cases involving a substantial question of constitutional interpretation. Its decisions bind smaller benches.
- Contempt of court
- Conduct that disobeys a court's order or scandalises or obstructs the administration of justice. Civil contempt is wilful disobedience of an order; criminal contempt is interference with the court's authority.
D
- Default bail IN
- The right of an accused person in custody to be released on bail when the investigating agency fails to file a chargesheet within the period fixed by Section 187 of the BNSS, usually 60 or 90 days. It is sometimes called statutory bail. Read our report on the Supreme Court's ruling.
- Deposition US
- Sworn out-of-court testimony of a witness, taken before trial and recorded by a court reporter, as part of discovery. Indian civil procedure has no general equivalent; witnesses are examined in court or before a commissioner.
- Discovery US
- The pre-trial process by which each party obtains evidence from the other: documents, depositions, interrogatories and admissions. Electronic discovery, or e-discovery, covers emails, chat and other digital records.
- Dissent
- A separate opinion by a judge who disagrees with the majority's decision. A dissent has no binding force but may be adopted by a later court.
E
- En banc US
- A hearing before all the active judges of a federal court of appeals rather than the usual panel of three. Granted rarely, for cases of exceptional importance or to resolve conflicting panel decisions.
- Ex parte
- An order made in the presence of one party only, usually because the matter is urgent or the other side has not appeared. Ex parte orders are provisional and can be reconsidered once the absent party is heard.
F
- Fair use US
- The defence to copyright infringement that permits limited use of a protected work for purposes such as criticism, teaching, news reporting or research, judged on four factors including the purpose of the use and its effect on the market. India's narrower equivalent is "fair dealing" under Section 52 of the Copyright Act.
- FIR IN
- First Information Report: the record of a cognisable offence that the police must register when it is reported to them, under Section 173 of the BNSS. A "zero FIR" can be registered at any police station regardless of where the offence took place.
G
- Gratuity IN
- A lump sum an employer must pay an employee who leaves after five years of continuous service, calculated on the last-drawn wage. The labour codes extend it to fixed-term employees without the five-year requirement.
H
- Habeas corpus
- "Produce the body." The writ by which a court orders a person held in custody to be brought before it so that the legality of the detention can be examined. Available in both countries, and the oldest of the writs.
- High Court IN
- The highest court of a state or group of states, with original, appellate and writ jurisdiction. There are 25. Appeals from a high court lie to the Supreme Court, usually by special leave.
I
- IBC IN
- The Insolvency and Bankruptcy Code, 2016, which governs the resolution of insolvent companies and individuals. A corporate insolvency resolution process is run by a resolution professional under the supervision of the NCLT, with a creditors' committee deciding the outcome.
- Injunction
- A court order requiring a person to do, or more often to refrain from doing, a particular act. An interim or preliminary injunction holds the position until trial; a permanent injunction is part of the final judgment.
- Interim order
- Any order made while a case is pending that does not finally decide it, such as a stay, an injunction or an order for maintenance. It can be varied as the case proceeds.
J
- Judicial review
- The power of a court to examine the legality or constitutionality of legislation and government action. In India it is part of the basic structure of the Constitution; in the United States it was established by Marbury v. Madison.
- Jurisdiction
- The authority of a court to hear a particular kind of case, from a particular place, against a particular person. A case filed in the wrong court is dismissed or transferred rather than decided.
L
- Limitation
- The time within which a claim must be filed. In India the periods are fixed by the Limitation Act; in the United States each state and each federal statute sets its own "statute of limitations". A claim filed late is barred, with narrow exceptions.
- Lok Adalat IN
- A "people's court" set up under the Legal Services Authorities Act to settle disputes by compromise. Its award is final, binding and has the force of a decree, and no court fee is payable.
M
- Mediation
- A process in which a neutral mediator helps the parties reach their own settlement; unlike an arbitrator, the mediator decides nothing. India's Mediation Act, 2023 makes pre-litigation mediation available in most civil and commercial disputes.
- Moratorium IN
- Under the IBC, the freeze that takes effect when insolvency proceedings are admitted: no suits can be filed or continued against the company and no assets can be transferred until the process ends. The US equivalent is the automatic stay in bankruptcy.
N
- NCLT and NCLAT IN
- The National Company Law Tribunal decides company law and insolvency matters at first instance; the National Company Law Appellate Tribunal hears appeals from it. Appeals from the NCLAT go to the Supreme Court.
- Non-compete
- A contractual term restricting a person from working for a competitor after leaving a job. In India post-employment non-competes are generally void under Section 27 of the Contract Act; in the United States enforceability depends on state law, and several states have banned them.
O
- Obiter dicta
- Observations in a judgment that were not necessary to decide the case. They may be persuasive but are not binding, unlike the ratio decidendi.
- Opt-out US
- In a class action, the right of a class member to exclude themselves from the case and the settlement, and keep the right to sue separately. Class members who do not opt out are bound by the result.
P
- Precedent
- A decided case that courts must or should follow in later cases raising the same point. Decisions of the Supreme Court bind all courts in India under Article 141; in the United States, decisions bind lower courts within the same jurisdiction.
- Proportionality
- The test courts apply to decide whether a restriction on a right is justified: whether it serves a legitimate aim, is suitable and necessary for that aim, and does not go further than needed. Adopted by the Indian Supreme Court in the privacy judgment of 2017.
- Public interest litigation (PIL) IN
- A petition filed in a high court or the Supreme Court by a person or group on behalf of others whose rights are affected, relaxing the usual rule that only the person affected can sue. There is no direct US equivalent, where standing rules are stricter.
R
- Ratio decidendi
- The legal principle on which a decision rests: the part of a judgment that binds later courts. Everything else is obiter.
- Remand
- Two meanings. In criminal procedure, an order sending an accused person back into custody while the case proceeds. In appeals, an order sending a case back to the lower court for further proceedings in line with the appellate decision.
- Res judicata
- "A matter decided." The rule that a dispute finally decided by a competent court cannot be litigated again between the same parties. Its US cousins are claim preclusion and issue preclusion.
- Review petition IN
- A petition asking the same court to reconsider its own judgment, on narrow grounds such as an error apparent on the face of the record. If review is refused, a curative petition is the last resort in the Supreme Court.
S
- Senior advocate IN
- A designation conferred by the Supreme Court or a high court on an advocate of standing and ability. Senior advocates wear a distinctive gown, cannot file pleadings or appear without a briefing advocate, and are the nearest equivalent to King's Counsel.
- Shadow docket US
- The informal name for the US Supreme Court's emergency orders, decided on written applications without full briefing or oral argument and often without a signed opinion. Also called the emergency docket.
- Special leave petition (SLP) IN
- A petition under Article 136 asking the Supreme Court to hear an appeal from any court or tribunal, at the court's discretion. Most of the Supreme Court's caseload arrives this way.
- Stay
- An order suspending the operation of a judgment, order or proceeding while a challenge to it is heard. A stay preserves the position; it does not decide the challenge.
- Summary judgment US
- A decision given without a trial because there is no genuine dispute of material fact and one side is entitled to judgment as a matter of law. Indian commercial courts have a similar procedure under Order XIIIA of the Civil Procedure Code.
T
- Tribunal
- A specialised adjudicating body created by statute to decide a particular kind of dispute, such as tax, company law or service matters, usually with a mix of judicial and expert members. Appeals from a tribunal go to a high court or the Supreme Court.
V
- Vakalatnama IN
- The document by which a client authorises an advocate to appear and act in a case. Without it on the record, the advocate cannot be heard.
W
- Writ
- A formal order of a court directing a person or authority to do or refrain from doing something. The Constitution of India names five: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Under Articles 32 and 226 they are the main route for enforcing fundamental rights.