Novation is a situation in which a fresh contract is substituted for an old contract, between the same or different parties, whereas alteration is when there is a change in the terms and conditions of the contract. What is Discharge of Contract? To put simply, discharge means cancel, hence discharge of a contract means its cancellation. When there is the cessation of contractual relation amidst the parties, i.e. promisor and promisee, it is called the discharge of contract. This means that the … [Read more...]

Arbitration is a dispute settlement mechanism in which the dispute is referred to an independent third party by the parties willingly and the third party is empowered to make a decision regarding the conflict situation, which is binding on both parties. Contrarily, when it is the government which decides to refer the dispute to the court of inquiry as a form of final remedy for out-of-court settlement for the dispute, it is called Adjudication. Arbitration and Adjudication, both are … [Read more...]

In many cases, parties under dispute look for an out-of-court settlement, by using Alternative Dispute Resolution (ADR) methods which are not just quick, but affordable too. One such method is mediation. It is an assisted negotiation in which a mediator is appointed by the parties concerned so as to listen to both the parties and assist them in finding a better solution. Now you must be wondering, what is negotiation? Negotiation is a process in which parties with conflicting interest come … [Read more...]

In our day-to-day conversation with people, we use the word 'jail' in place of 'prison' quite commonly. Prison implies a detention center, which holds convicts for a long term for the purpose of punishing them, for the crime committed by them. As against, jail is a place where people who are charged or accused of a crime are held by the Police while awaiting trial. What is Imprisonment? Imprisonment is a system made by the authorities of the countries to deal with the wrongdoers, wherein the … [Read more...]

Evidence plays a crucial role in determining the facts and circumstances of the case. Without it, one cannot prove the offence committed by the accused, which makes the judgment impossible. To find out the facts of the case, we have two types of evidence, i.e. direct evidence and circumstantial evidence. Direct evidence refers to the evidence which when held as true by the Court, outrightly proves the fact. On the contrary, Circumstantial Evidence, as the name suggests, is the evidence, based … [Read more...]

Primary Evidence is considered as the evidence of supreme value, in the eyes of law. On the contrary, Secondary Evidence is non-primary evidence which are used when the primary evidence cannot be produced. What is Evidence? Evidence refers to proof of facts or genuine information that reflects the validity or authenticity of a belief or proposition. In the eyes of law, all the documents or statement which are permitted by the Court or made by the witnesses in front of the Court, with respect … [Read more...]

In common parlance, we use the words investigation and inquiry synonymously, but in law, they have separate meanings. The investigation is a systematic and formal examination of the facts and evidence, with an aim of establishing the truth. It plays a significant role in the trial of the criminal case. Contrarily, the inquiry is a judicial process that aims at determining whether the evidence submitted, in relation to the case is true or not. The crucial point that distinguishes these two … [Read more...]

Criminal Procedure Code, 1973 is concerned with criminal law, in India. It permits the Court to acquit or discharge the person arrested, in relation to the alleged offence. There is a wide misunderstanding among folks that acquittal and discharge are synonyms, but that's not true. While Acquittal is a verdict by the Judge, that the accused is not guilty of the offence which is charged on him. On the contrary, discharge means the act of releasing a person from custody, due to insufficient … [Read more...]

Under the Code of Criminal Procedure (CrPC), based on bail,  offences can be classified as - bailable offences and non-bailable offences, wherein the former implies those offences in which bail can be granted to the accused. On the other hand, the latter signifies those offences in which bail cannot be granted in general circumstances. Bail is when the accused is freed from the custody of police officers and entrusting him to the sureties, provided the accused to be produced to answer the … [Read more...]

We hear the term 'arrest' every now and then, due to the increasing crime in society. The primary difference between detention and arrest lies in the fact that whether the accused/suspected is charged with a crime or not. This is because when the person is just detained, he/she is held in police custody, based on reasonable suspicion, so as to question him/her. However, when the person is arrested, he/she is charged with a crime and needs to be presented before the court in 24 hours. In … [Read more...]