Syllabus : CIVIL PROCEDURE CODE AND LIMITATION ACT (CPC)

 In this blog we will discuss the important topic that we are going to cover in CPC ,1908 at our various Blogs and YouTube Video.

the course shall comprise of following in five part 

Note : this is important for various law exam like LLB , LLM  and other General awareness. 

(1) Preliminary, Definitions, Suits of Civil Nature, Res Sub Judice, Res Judicata, Foreign Judgment, Place of Suing

Topic	Relevant Section/Order	Definition / Explanation
Preliminary	Sections 1–2 CPC	CPC extends to the whole of India (except J&K and Nagaland).         ·    For J&K: CPC does now apply (or can be made to apply) because of the constitutional changes in 2019. ·         For Nagaland and the tribal areas: The exception still remains (unless the state government opts in).
Definitions	Section 2 CPC	Defines important terms like “Decree” (S.2(2)), “Order” (S.2(14)), “Judgment” (S.2(9)), “Decree-holder”, “Judgment-debtor”, etc.
Suits of Civil Nature	Section 9 CPC	Civil courts have jurisdiction over all suits of a civil nature unless expressly or impliedly barred. Religious disputes involving civil rights also covered.
Res Sub Judice	Section 10 CPC	No court shall try a suit that is pending in another competent court between the same parties for the same matter. Prevents multiplicity of proceedings.
Res Judicata	Section 11 CPC	No court shall try a matter that has been finally decided in a previous suit between the same parties by a competent court. Ensures finality in litigation.
Foreign Judgment	Sections 13–14 CPC	S.13: Foreign judgment conclusive unless exceptions apply (fraud, lack of jurisdiction, etc.). S.14: Presumption as to competence of foreign court.
Place of Suing	Sections 15–20 CPC	S.15: Suit to be filed in lowest grade competent court. S.16–19: Based on nature of property and cause of action. S.20: Based on defendant’s residence/business.

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(2) Parties to Suit, Frame of Suit, Pleadings, Plaint, Written Statement, Set-off, Counterclaim, Indigent Persons, Special Suits

Topic	Relevant Section/Order	Definition / Explanation
Parties to Suit	Order I CPC	Deals with joinder, misjoinder, and non-joinder of parties. Necessary and proper parties must be included.
Frame of Suit	Order II CPC	Every suit must include the whole claim arising from a cause of action (O.II R.2 bars splitting of claims).
Pleadings in General	Order VI CPC	Pleadings must contain only material facts (not evidence). Purpose: to define issues between parties.
Plaint	Order VII CPC	Document by which suit is instituted. Must contain facts constituting cause of action, valuation, and relief claimed.
Written Statement	Order VIII CPC	Defendant’s reply to plaint. Must specifically deny allegations; if not denied, deemed admitted.
Set-off	Order VIII Rule 6 CPC	Defendant can claim amount legally recoverable from plaintiff, reducing plaintiff’s claim.
Counter-claim	Order VIII Rules 6A–6G CPC	Defendant may set up a counter-claim for a cause of action accruing before filing of defence. Treated as cross-suit.
Suits by Indigent Persons	Order XXXIII CPC	Allows persons unable to pay court fees to sue as indigent persons. Court inquires into indigency before allowing.
Suits in Particular Cases	Orders XXX–XXXII CPC	Includes suits by/against minors (O.XXXII), partnerships (O.XXX), corporations (O.XXIX), etc.

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(3) Summons, Discovery, Appearance, Witnesses, Execution of Decrees

Topic	Relevant Section/Order	Definition / Explanation
Issue of Summons	Order V CPC	Notice issued by court directing defendant to appear and answer claim. Ensures proper service before hearing.
Discovery and Inspection	Order XI CPC	Parties may obtain discovery by interrogatories and inspection of documents. Purpose: to ascertain truth.
Appearance of Parties	Order IX CPC	Regulates appearance and consequences of non-appearance. May lead to dismissal or ex parte decree.
Summoning and Attendance of Witnesses	Order XVI CPC	Provides procedure for summoning witnesses and ensuring attendance for evidence.
Execution of Decrees	Sections 36–74 & Order XXI CPC	Provides detailed procedure for execution of decrees by attachment, sale, arrest, or appointment of receiver.

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(4) Incidental and Supplemental Proceedings

Topic	Relevant Section/Order	Definition / Explanation
Commissions	Sections 75–78 & Order XXVI CPC	Court may issue commissions for local investigation, examination of witnesses, or accounts.
Letter of Request	Section 77 CPC	Court may issue letters of request for examination of witnesses residing abroad.
Arrest before Judgment	Order XXXVIII Rule 1–4 CPC	Prevents defendant from absconding to defeat decree.
Attachment before Judgment	Order XXXVIII Rule 5–13 CPC	Allows court to attach defendant’s property before judgment to secure plaintiff’s claim.
Temporary Injunctions	Order XXXIX Rules 1–2 CPC	Interim relief to restrain a party from doing certain acts until final judgment.
Interlocutory Orders	Section 94 CPC	Court may make interlocutory orders to prevent ends of justice from being defeated.
Receiver	Order XL CPC	Court may appoint receiver to manage property during pendency of litigation.
Appeals	Sections 96–112 & Orders XLI–XLV CPC	Provide right and procedure for appeal from decrees and orders.
References	Section 113 & Order XLVI CPC	Subordinate court may refer a question of law to High Court.
Review	Section 114 & Order XLVII CPC	Court may review its own judgment on grounds of error, new evidence, or sufficient cause.
Revision	Section 115 CPC	High Court’s power to revise jurisdictional errors by subordinate courts.
Restitution	Section 144 CPC	Parties entitled to restoration of benefits lost due to reversal or modification of decree.
Caveat	Section 148A CPC	Right of a person to be notified before any interim order is passed against him.
Inherent Powers of Court	Section 151 CPC	Courts possess inherent power to make orders necessary to meet ends of justice or prevent abuse of process.

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(5) Limitation (Limitation Act, 1963)

Topic	Relevant Section	Definition / Explanation
Limitation of Suits, Appeals, Applications	Section 3	Every suit, appeal, or application made after prescribed period shall be dismissed.
Period of Limitation	Schedule of Limitation Act	Specifies limitation for different kinds of suits (e.g., 3 years for contracts, 12 years for immovable property).
Continuous Running of Time	Section 9	Once time begins to run, it continues unless stopped by disability or acknowledgment.
Sufficient Cause for Delay	Section 5	Delay may be condoned if sufficient cause is shown (applies to appeals and applications).
Legal Disability	Sections 6–8	If person entitled to sue is a minor, insane, or an idiot, limitation suspended until disability ceases.
Computation and Exclusion of Time	Sections 12–14	Excludes time for obtaining copies or for bona fide proceedings in wrong forum.
Effect of Death, Fraud, Acknowledgment	Sections 16–19	Death before right accrues affects computation; fraud or acknowledgment can extend limitation.
Acquisition by Possession (Adverse Possession)	Article 65, Schedule	Possession of immovable property for 12 years without interruption leads to ownership. ✅ It’s true if the possession meets all the criteria for adverse possession. ❌ It’s not automatically true for any possession — for example, possession with the owner’s permission (like a tenant or caretaker) never becomes ownership.

 

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STAGES OF A CRIMINAL TRIAL UNDER BNSS, 2023

Welcome to ANG GYAN, your trusted source for comprehensive STAGES OF A CRIMINAL TRIAL UNDER BNSS, 2023. This blog is designed to simplify and elucidate the most stages of criminal trial under BNSS, 2023, providing law students, legal professionals, and enthusiasts with clear, authoritative explanations and practical guidance. Whether you are preparing for exams, honing your litigation skills, or deepening your understanding of procedural law, ANG GYAN serves as your go-to resource for mastering the essential procedural frameworks that govern civil justice in India.

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🔹 STAGES OF A CRIMINAL TRIAL UNDER BNSS, 2023

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1. Commission of Crime

• Crime occurs: An act or omission punishable under the Bharatiya Nyaya Sanhita, 2023 (BNS).
• Crime can be:
• Cognizable: Police can arrest without a warrant (e.g., murder, rape).
• Non-cognizable: Police need magistrate permission to act (e.g., defamation).

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2. Registration of FIR (First Information Report) [Section 173, BNSS]

• FIR is filed under Section 173 of BNSS for cognizable offences.
• It can be:
• Oral or written to the officer-in-charge of the police station.
• FIR must be recorded and a copy given free to the complainant.
• For non-cognizable offences, police must seek permission from a Magistrate before investigating.

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3. Investigation by Police [Sections 175–192, BNSS]

Investigation includes:

1. Visit to crime scene
2. Collection of evidence (witnesses, documents, CCTV, forensics, etc.)
3. Examination of witnesses
4. Arrest of accused (if needed)
5. Interrogation
6. Medical examination (if applicable)
7. Police custody or judicial custody of the accused

➡ After investigation, the police prepare a:

• Closure report (Final Report) if no evidence is found.
• Chargesheet (Police Report) under Section 193 BNSS, if sufficient evidence exists.

  

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4. Cognizance by Magistrate [Section 210, BNSS]

• Magistrate takes cognizance of the offence after receiving a chargesheet.
• Magistrate can:
• Accept the police report.
• Order further investigation.
• Reject the report and proceed to trial.

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5. Framing of Charges [Section 251–259, BNSS]

• Magistrate or Sessions Judge examines the case:
• If prima facie evidence exists, charges are framed.
• Charges are read and explained to the accused.
• Accused may plead guilty or not guilty.

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6. Commencement of Trial

Types of Trials under BNSS:

Type of Offence	Type of Trial	Conducted By
Warrant Cases (≥3 yrs punishment)	Sessions Trial or Warrant Case Trial	Sessions Court or Magistrate
Summons Cases (<3 yrs)	Summons Trial	Magistrate
Summary Trials	For petty offences	Magistrate

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7. Prosecution Evidence [Section 260–270, BNSS]

• Prosecution presents evidence.
• Examination-in-chief, cross-examination by defense.
• Witnesses and documents are examined.
• Court may issue summons to witnesses.

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8. Statement of Accused [Section 272, BNSS]

• Court records the statement of the accused under Section 272.
• Accused explains circumstances or evidence against them.

 

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9. Defense Evidence [Section 273, BNSS]

• Accused may produce evidence in their defense.
• Witnesses may be examined, cross-examined.
• Court may also summon witnesses.

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10. Final Arguments [Section 274–275, BNSS]

• Both Prosecution and Defense present final oral arguments.
• Clarifies evidence, law points, and defenses.

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11. Judgment [Section 276–278, BNSS]

• Court pronounces judgment: Acquittal or Conviction.
• Judgment must be reasoned, in writing, and signed by the judge.

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12. Sentencing

• If found guilty, the accused is sentenced as per provisions of the Bharatiya Nyaya Sanhita (BNS).
• Judge may consider:
• Mitigating/aggravating factors.
• Past criminal record.
• Victim impact.

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13. Post-Trial Remedies: Appeal, Revision, and Review

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✅ A. Appeal [Sections 418–434, BNSS]

• Right to appeal is statutory, not inherent.
• Can be filed by:
• Convicted person
• Prosecution (in certain cases)
• Appeal lies to:
• Sessions Court: If tried by Magistrate.
• High Court: If tried by Sessions Court.
• Supreme Court: In rare cases (special leave under Article 136).
• Appeal may be on:
• Conviction
• Sentence
• Acquittal (by state)
• Compensation orders

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✅ B. Revision [Sections 435–439, BNSS]

• Available when no right of appeal exists.
• High Court or Sessions Judge can revise any order of subordinate court to correct:
• Jurisdictional error
• Legal mistake
• Procedural irregularity
• Revision is discretionary.

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✅ C. Review (limited scope)

• Criminal courts do not generally review their own judgments.
• Only higher courts can intervene through appeal or revision.
• However, clerical or arithmetical errors can be corrected under Section 463 BNSS.

 

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