LEGAL ENGLISH
Legal terms
Accused
The accused is a person against whom a formal allegation of crime has been made. In Indian criminal law, the accused enjoys the presumption of innocence until the prosecution proves guilt.
Example: Ramesh was charged with theft by the police; in the trial he was called the accused.
Sentence: The accused pleaded not guilty before the magistrate.
Suspect
A suspect is someone believed to have committed a crime but not yet formally charged. A suspect may later become an accused if enough evidence is collected.
Example: After a burglary, the police questioned two neighbours as suspects, but released them later.
Sentence: The police kept the suspect under watch for several days.
Arrest
Arrest means taking a person into lawful custody to prevent escape and ensure appearance before the court. Arrest must follow due process of law.
Example: The police arrested a man at the railway station after finding stolen goods in his bag.
Sentence: The accused was arrested without resistance.
Adjournment
Adjournment is the temporary postponement of court proceedings to another date. It may be granted when witnesses are absent, documents are incomplete, or counsel requests more time.
Example: In a civil suit, the hearing was adjourned because the plaintiff’s lawyer was ill.
Sentence: The judge granted an adjournment until next Monday.
Accomplice
An accomplice is a person who knowingly helps another in committing a crime. The testimony of an accomplice is admissible but must be corroborated.
Example: If A robs a shop and B keeps watch outside, B is an accomplice.
Sentence: The accomplice gave evidence that supported the prosecution.
Bail
Bail is the release of an accused from custody pending trial, on conditions that ensure appearance before court. It protects individual liberty while safeguarding justice.
Example: In a fraud case, the magistrate granted bail on a bond of ₹50,000.
Sentence: The accused obtained bail after three days in custody.
Bench
Bench refers to the judge or group of judges who hear and decide a case. A single bench consists of one judge; a division bench or full bench has more.
Example: The division bench of the High Court heard the constitutional petition.
Sentence: The bench delivered its judgment after hearing both sides.
Bond
A bond is a written undertaking to fulfil certain obligations, often involving money. In criminal cases, a bond ensures that the accused appears in court.
Example: An accused signed a bond to attend every hearing of his trial.
Sentence: The court accepted the bond executed by the accused.
Surety
A surety is a person who guarantees that the accused will comply with bail conditions. If the accused absconds, the surety may lose the bond amount.
Example: Ramesh’s father stood as surety when the magistrate released him on bail.
Sentence: The surety promised that the accused would appear on the next date.
Court
A court is a judicial body established by law to resolve disputes and administer justice. Courts may be civil, criminal, trial, or appellate.
Example: The district court heard the property dispute between two families.
Sentence: The court delivered its decision in open session.
Warrant
A warrant is a written order issued by a magistrate or judge authorising the arrest of a person or search of premises.
Example: The magistrate issued a warrant for the arrest of an absconding accused.
Sentence: The police executed the search warrant at midnight.
Jurisdiction
Jurisdiction is the authority of a court to hear and decide a case, determined by subject matter, territory, or pecuniary limits.
Example: A murder case falls under the jurisdiction of the sessions court, not the magistrate.
Sentence: The court refused the case for want of jurisdiction.
Jury
A jury is a group of citizens chosen to hear evidence and give a verdict on facts. Jury trials no longer exist in India but are used in countries like the U.S.
Example: In the Nanavati case, the jury first gave a verdict of not guilty.
Sentence: The jury deliberated for hours before giving its decision.
Juvenile
A juvenile is a child under eighteen who is accused of an offence. Juveniles are treated under the Juvenile Justice Act with focus on reform, not punishment.
Example: A sixteen-year-old caught for theft was treated as a juvenile and sent to an observation home.
Sentence: The court declared that the offender was a juvenile in conflict with law.
Minor
A minor is any person under eighteen, generally used in civil law. Minors lack legal capacity to enter binding contracts.
Example: A seventeen-year-old tried to sell property, but the agreement was void because he was a minor.
Sentence: She could not sign the deed as she was still a minor.
Verdict
A verdict is the formal decision of a jury at the end of a trial. In India, judgments by judges replace verdicts, since juries are abolished.
Example: The jury delivered a verdict of guilty after two days of deliberation.
Sentence: The verdict shocked the public gallery.
Prosecutor and Prosecution
The prosecutor is the lawyer representing the State in criminal cases, while prosecution is the process of conducting the case against the accused.
Example: In a murder trial, the public prosecutor presented evidence and witnesses on behalf of the State.
Sentence: The prosecution argued that the accused had a clear motive.
Lawyer
A lawyer is a person who is trained in law and qualified to give legal advice, draft documents, and represent clients in court. In India, a lawyer who is enrolled with a State Bar Council under the Advocates Act, 1961 is usually called an Advocate, and only advocates have the right to practice in courts.
So, every advocate is a lawyer, but not every lawyer is an advocate. For example, someone with an LL.B. degree is a lawyer, but unless enrolled in the Bar Council, he cannot appear in court as an advocate.
Example in Civil Case
A lawyer files a plaint on behalf of a plaintiff in a property dispute, cross-examines witnesses, and argues why his client has ownership rights.
Sentence: The lawyer skillfully presented the title documents before the judge.
Example in Criminal Case
A lawyer appears for an accused charged with theft, challenges the prosecution witnesses, and argues for bail.
Sentence: The lawyer argued that there was no evidence linking the accused to the crime.
Plead
To plead means to make a formal statement in court either in support of one’s case or in answer to an accusation. In criminal cases, the accused pleads guilty or not guilty; in civil cases, parties plead their claims or defences.
Example: The accused pleaded not guilty to the charge of theft.
Sentence: He decided to plead guilty to avoid a long trial.
Pleadings
Pleadings are the formal written statements filed by both parties in a civil case, where the plaintiff states his claim and the defendant states his defence. Pleadings help the court know the exact points of dispute.
Example: The pleadings in a property case will show whether the dispute is about ownership or possession.
Sentence: The judge read the pleadings before framing issues for trial.
Plaint
A plaint is the written document filed by the plaintiff to begin a civil suit. It sets out the facts of the case, the legal rights violated, and the relief claimed.
Example: In a suit for recovery of money, the plaintiff files a plaint explaining how the defendant owes him money.
Sentence: The court returned the plaint because it lacked proper valuation.
Plaintiff
The plaintiff is the person who brings a civil case before the court by filing a plaint. He is the one who claims that his legal rights have been violated.
Example: If A sues B for trespass, A is the plaintiff.
Sentence: The plaintiff sought compensation for the damage caused.
Complainant
A complainant is the person who lodges a complaint in a criminal case. He is usually the victim or someone aware of the crime, who approaches the police or magistrate.
Example: In a theft case, the shop owner who reports the theft to police is the complainant.
Sentence: The complainant identified the accused in court.
Respondent
A respondent is the party who replies to a petition or appeal, usually in higher courts or tribunals. He is the opposite party to the petitioner or appellant.
Example: In a divorce petition filed by the wife, the husband is the respondent.
Sentence: The respondent filed his objections before the family court.
Written Statement
A written statement is the formal reply filed by the defendant in a civil case, answering the allegations in the plaint. It must specifically admit or deny each point.
Example: In a recovery suit, the defendant filed a written statement denying any debt.
Sentence: The written statement was filed within the 30-day period allowed by law.
1. Plaint
A plaint is the document that starts a civil case. It is filed by the plaintiff in a civil court. It states:
*Who the parties are,
*What facts caused the dispute,
*What legal right was violated, and
*What remedy is sought (like compensation, injunction, possession, recovery of money, etc.)
The court frames issues based on the plaint and the defendant’s written statement.
Example: A files a plaint in civil court saying that B has not repaid ₹1,00,000 borrowed from him.
Sentence: The plaintiff drafted a plaint seeking recovery of his money.
2. Complaint
A complaint is the statement given to police or magistrate that starts a criminal case. It is usually given by the complainant (the victim or witness). A complaint says that an offence has been committed, names the accused if known, and requests action.
The police register an FIR or the magistrate takes cognizance of the offence on the basis of a complaint.
Example: A woman files a complaint in the police station that her necklace was stolen.
Sentence: The magistrate directed inquiry on the complaint filed by the shop owner.
Summon (verb)
To summon means to call someone officially to appear before a court or authority.
Example: The judge decided to summon the witness.
Sentence: The police officer summoned the accused to the station.
Summons (noun)
A summons is the official written order issued by a court requiring a person to appear.
Example: The court issued a summons to the defendant.
Sentence: The witness received a summons from the magistrate.