OVERVIEW

Civil litigation covers disputes between private parties over contracts, property, recovery of money, and other civil rights, governed procedurally by the Code of Civil Procedure, 1908. A civil suit typically begins with the filing of a plaint before the appropriate court, determined by pecuniary and territorial jurisdiction, followed by the defendant’s written statement, framing of issues, evidence, and final arguments before judgment. Interim relief — such as injunctions under Order XXXIX, or attachment before judgment under Order XXXVIII — may be sought at any stage to preserve the subject matter of the dispute pending final resolution. Appeals from a trial court’s decree generally lie to the District Court or High Court, with second appeals and further review available under specific statutory provisions, up to the Supreme Court in matters involving substantial questions of law.

Criminal litigation involves offences defined under the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, 1860, with procedure governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing the CrPC) and evidence governed by the Bharatiya Sakshya Adhiniyam, 2023. A criminal case typically proceeds through investigation, filing of a chargesheet, framing of charges, trial, and judgment, with the standard of proof being guilt beyond reasonable doubt. Bail may be sought at different stages depending on the nature of the offence: anticipatory bail under Section 482 BNSS (formerly Section 438 CrPC) before arrest, regular bail after arrest, and default bail where investigation is not completed within the prescribed statutory period. Offences are classified as bailable or non-bailable, and cognizable or non-cognizable, which determines police powers of arrest and the procedure for seeking bail. Appeals against conviction or acquittal proceed from the Sessions Court to the High Court, and in specified circumstances to the Supreme Court under Article 136 of the Constitution.

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