Chapter: 3.3 Legal Words

Deed: Deed is a legal document used to grant / convey a right. For e.g., Sale Deed, Lease Deed.

F.I.R.: FIR, is shortened version of First Information Report. It is a report of information that reaches the police authorities concerned first in point of time and that is why it is called the First Information Report. FIR can be made orally or in writing by the victim of a cognizable offence or by someone on his/her behalf or by any other person.

Witness: Witness is someone who has knowledge about the matter contained in any legal proceeding, whether civil or criminal. A witness who has seen the event firsthand is known as an eye-witness. Witnesses are often called before a court of law to depose about the subject matter of the proceeding.

Hostile Witness: Hostile witness is a witness in a criminal trial who deviates from his original statement made to Police. For e.g., A made a statement to the Police stating that he has seen B stabbing C. However during the Court trials, he deviates from the statement made to the police and informs the Court that he was not present during the occurrence of crime. A is declared as Hostile Witness.

Evidence: Evidence, refers to anything that is used to prove or disprove any fact in issue. For e.g., An Identity Card can prove that A is student of a particular institution. Therefore Identity Card is evidence.

Negligence: Negligence is a type of tort. It means that an individual through his act or omission has breached certain duty towards other members of society which has resulted in damages to the said individual. Negligent acts / omission gives the aggrieved party right to be compensated for the harm to their body, property, mental well-being, financial status, or relationships.

Fine: Fine is money paid as a pecuniary sanction for the commission of offence.

Plaint: Plaint is a legal document, which contains in detail the subject matter of a particular civil proceeding. It sets out the basic facts that would entitle the plaintiff to a remedy.

Complaint: As plaint in civil, Complaint is used in sense of criminal proceedings in India

Complainant: As Plaintiff, Complainant is the party who initiates a legal proceeding. This term is generally referred in a criminal proceeding.

Warrant: Warrant is order of a Court enforcing appearance of a party of the proceeding / witness, if such party / witness fails to appear on the scheduled date of appearance on service of summons.

Confiscation: Confiscation, is obtaining custody of material and goods by a government or other public authority.

Search Warrant: Search warrant is an order by the Magistrate which authorizes the police to conduct ~ search of a person or location to obtain evidence in respect to a criminal proceeding.

Summons: Summons is again order of a Court, directing party to the proceeding to appear before the Court on the date as mentioned in the summons.

Function: Injunction is an, whereby a party is required to do, or to refrain from doings certain acts. Injunction may be temporary or permanent.

Affidavit: An affidavit is a formal statement of facts signed by the affiant on oath.