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All about Delhi Judicial Services exam

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Judiciary

This article is written by Nishka Kamath (team iPleaders) and edited by Vanshika Kapoor (Senior Managing Editor, Blog iPleaders). This article is an attempt to shed light on all the important information regarding the Delhi Judiciary 2023-24, including the important dates, the steps to fill out the registration form and successfully make payment of the application fees, along with all the essential documents one must keep handy while filling out the form. Further, the syllabus and the frequently asked questions have been discussed in an elaborate manner for the convenience of the aspirants.

Table of Contents

Introduction 

Every year, thousands of aspirants apply for the Delhi Judicial Services Exam. This exam can be regarded as one of the most competitive exams in India, considering the attempt to select ratio. Last year, i.e., in 2022, thousands of candidates applied for the exam. However, only 301 qualified for the Delhi Judicial Services Mains Exam (Written) and appeared for the viva voce

But, I am glad you came across this blog, for, this blog is an attempt to provide you with an insight on everything, ranging from the eligibility criteria, the syllabus, the books one should be referring to, the exam pattern, and the selection criteria. 

Before we begin, we wish each and every aspirant the best of luck in their preparations. I hope this article helps you ace the exam! Let’s begin!

Delhi Judiciary Exam : an insight 

The Delhi Judicial Services Exam is an examination conducted by the Delhi High Court to recruit eligible candidates for several posts in the judicial services department of Delhi. This examination attracts several law graduates every year who attempt it in the hopes of becoming judges someday. This examination has multiple stages and checks a candidate’s knowledge in several fields, like Civil and Criminal procedures, and their knowledge regarding Indian laws, amongst other legal aspects. 

The candidates who successfully clear all the stages are then appointed as judicial officers or judges in the Delhi High Court and the subordinate courts. Further, talking about the job roles of a judicial officer, the roles would include:

  1. Presiding over the court proceedings,
  2. Hearing cases,
  3. Producing judgements,
  4. Perform administrative duties like that of maintaining court records and managing the staff.  

Last year, the Delhi High Court made an announcement for 123 vacancies (55 Existing and 68 Anticipated) via a notification released in November 2022. 

Tabular representation of Delhi Judiciary Application Form Dates 2023

The below table has information related to the Delhi Judicial Services Exam:

Events Dates 
Official Notification release dateYet to be declared
Starting date to apply for Delhi Judiciary Exam 2023Yet to be declared
Last date to fill out the application formYet to be declared
Delhi Judiciary Exam Date 2023 (Prelims)Yet to be declared
Delhi Judiciary Mains Exam Admit CardYet to be declared

The dates will be updated here once they are released, so stay tuned!

Delhi Judicial Exam : a tough nut to crack

As mentioned earlier, the Delhi Judiciary Exam is one of the toughest exams to crack, but as the word “impossible” itself says, “I am possible!” you can ace it, too, provided you have the right guidance and study materials! Considering this, LawSikho has come up with Lord of the Courses (judiciary test prep), for an aspiring candidate. They offer insights on every topic that is important to pay attention to in the exam syllabus, from the strategies to crack the exam to past year papers and solutions to practical insights and thousands of MCQs. You have everything one can possibly need to crack this exam!

Let us now take a look at the eligibility criteria, the syllabus, and the various tips and tricks one could follow to crack the exam, inter alia

Judiciary Preparation

Eligibility criteria for the Delhi Judicial Services Exam

In order to successfully apply for the Delhi Judiciary Exams, a candidate has to ensure that the following requirements are met:

  1. He/she is a citizen of India and also has its citizenship.
  2. He/she is below the age of 32 years (please note, this criterion is only for candidates belonging to the general category).
  3. However, there is an age relaxation between 5 to 15 years for some individuals belonging to a specific category, as discussed below. 
  4. He/she has a Bachelor’s Degree in Law from a recognised University/Institution.
  5. His/her educational qualifications include:
  1. Being an advocate under the Advocates Act, 1961;
  2. Or the candidate is practising as an advocate in India.
  3. The candidate must be in good health and possess good character. He/she must be suitable for being appointed as a government servant in all manners, meaning he/she cannot be enlisted in any criminal case(s) or be bankrupt or an insolvent person, inter alia

Eligibility criteria for Delhi Higher Judicial Services Exam

  • According to the official notification, the minimum prescribed age limit for Delhi Higher Judicial Services Exam is 35 years
  • The candidate must be a citizen of India.
  • The candidates should have a Bachelor’s Degree in Law from a recognised University/Institution.
  • Only those candidates who have been practising advocates for at least seven years (standing as on the first day of January of the year in which applications for recruitment are invited) shall be eligible for the examination.
  • Candidates belonging to the PWD category shall be eligible to avail themselves of the scribe facility to appear in the examination.
  • Only those candidates who meet and possess the eligibility criteria and clear the cut-off marks will be qualified to get a name on the Delhi Higher Judicial Services cut-off marks lists. 
  • It is to be noted that the Prosecuting Officer/ Assistant Prosecuting Officers are also treated to be as Advocates and eligible as per the Judgement of Hon’ble Supreme Court in Civil Appeal No. 561 of 2013, Deepak Agarwal v. Keshav Kaushik & others (2013).

Age limit for Delhi Judiciary Exam

  1. There is no minimum age limit for attempting the Delhi Judiciary Exam. 
  2. However, a candidate must be under the age of 32 years (please note, this criterion is only for candidates belonging to the general category).
  3. Moreover, there is an age relaxation between 5 to 15 years for some individuals belonging to a specific category, which is as below-

Upper age limit relaxation for the Scheduled Caste and Scheduled Tribe

If the candidates belong to the Scheduled Caste or Scheduled Tribe, there is an upper age limit relaxation by 5 years

Upper age limit relaxation for Ex-servicemen 

The upper age limit relaxation for a maximum of 5 years for the Ex-Serviceman including Emergency Commissioned Officers and Short Service Commissioned Officers, who have provided at least 5 years of military service and have been released on completion of assignment instead of being dismissed on any grounds like that of misconduct or inefficiency or on account of physical disability that will deem them not capable of work. Further, this provision is also applicable to those candidates whose assignments will be completed within 6 months). 

Upper age limit relaxation for Persons with disabilities (PwD)

The upper age limit relaxation for Persons with Disabilities (PwD) shall be between 10-15 years, depending on the category the candidate belongs to. Let us have a look at the same. 

Upper age limit relaxation for Persons with disabilities (PwD) : General category

For general category candidates with PwD, there would be a relaxation of up to 10 years. 

Upper age limit relaxation for Persons with disabilities (PwD) :  SC / ST category

For the SC/ST category candidates with PwD, there would be a relaxation of up to 15 years.

FAQ : What is PwD, and who are all included under the list of PwD candidates? 

There are several categories of PwD candidates, namely-

  1. PwD (Blind and Low vision) 
  2. PwD (one arm, one leg, both legs, leprosy cured, dwarfism and acid attack victims) 
  3. PwD (Specific Learning Disability)
  4. PwD (Multiple Disabilities involving blindness and low vision, one arm, one leg, both legs, leprosy cured, dwarfism, and acid attack victims). 

Please note: The bifurcation stated above may change from time to time depending upon the category of the officers of DJS to be promoted. In the notification, there will always be a note for everyone in case of such changes.

contract drafting

Delhi Judicial Services exam, selection process and syllabus

The Delhi Judicial Exam is conducted in three stages, namely, the Preliminary Exam (known as the Screening Test), the Mains Exam (Written), and the Viva Voce.  Each stage is an attempt to test the aspirant on their knowledge of the Civil and Criminal Procedure Codes, laws in India, amongst other legal aspects. Let us take a look at the three stages in detail. 

Delhi Judiciary Preliminary Exam (200 marks)

To check previous years’ Preliminary Delhi Judicial Services exam question papers, click here.

Procedure

The first stage, i.e., the Preliminary Exam, also known as the Screening Test, will be a computer-based exam. It will have objective-based questions, and there will be a negative marking of 25% (0.25 marks for every wrong answer thus marked). The Exam will be held for a duration of 2 hours and will consist of 200 questions for 1 mark each. To qualify for this exam, a candidate has to score at least 60% in the exam if he/she is from the General Category and 55% if he/she is from any of the Reserved Categories (i.e., Scheduled Caste, Scheduled Tribe). Further, the score has to be at least 55% for candidates belonging to the Physically Handicapped (Blind/Low Vision)/Orthopaedically handicapped/hearing impaired.

All the candidates who successfully pass this exam will be qualified for the next stage – the Mains Exam.

Most Frequently Asked Questions on preliminary exam

Will the preliminary exam be computer-based?  

Yes, the preliminary exam will be computer-based. 

What is the score a candidate is expected to score in the preliminary exam? 

A candidate has to score 60% at least to qualify for the next exam, i.e., the Mains Exam. 

Is there any relaxation for the candidates belonging to the General Category in case of the preliminary exam? 

No, there is no relaxation for the candidates belonging to the General Category, in case of the preliminary exam. 

Is there any relaxation for the candidates from the General Category belonging to the PwD class in case of the preliminary exam?

Yes, there is  a relaxation of up to 5% for the candidates from the General Category belonging to the PwD class in case of the preliminary exam.

Is there any relaxation for the candidates belonging to the Reserved Category in case of the preliminary exam? 

Yes, there is a relaxation of up to 5% for the candidates from the Reserved Category in case of the preliminary exam.

Is there any relaxation for the candidates from the Reserved Category belonging to the PwD class in case of the preliminary exam?

Yes, there is  a relaxation of up to 5% for the candidates from the Reserved Category belonging to the PwD class in case of the preliminary exam.

Syllabus for the Delhi Judiciary Exam- Preliminary Exam

For preparing for the Preliminary Exams for the Delhi Judiciary, it is advised that one go through the following subjects, inter alia:

  1. General knowledge;
  2. Current affairs;
  3. Legal aptitude;
  4. English language;
  5. The Constitution of India;
  6. The Code of Civil Procedure, 1908;
  7. The Code of Criminal Procedure, 1973;
  8. The Indian Penal Code, 1860;
  9. The Indian Evidence Act, 1872;
  10. The Limitation Act, 1963; 
  11. The Indian Contract Act, 1872;
  12. The Specific Relief Act, 1963.

Also, there are some additions to the above subjects, namely:

  1. The Limited Liability Partnership Act, 2008;
  2. The Arbitration and Conciliation Act, 1996;
  3. The Protection of Children from Sexual Offences Act (POCSO Act), 2012;
  4. The Commercial Courts Act, 2015.

Delhi Judiciary Mains Exam (850 marks)

The Mains Exam is conducted via four papers-

  • Paper 1, 
  • Paper 2,
  • Paper 3,
  • Paper 4.

Syllabus for the Delhi Judiciary Exam- Mains Exam

Paper 1

Paper 1 will consist of 250 marks. The duration of Paper 1 would be 2 hours

For preparing for the Main Exams, namely Paper 1, for Delhi Judiciary, it is advised that one goes through the following subjects, inter alia:

Section 1
  • General Knowledge and Current Affairs,
  • Current Legal Affairs.
Section 2
  • Language,
  • Essay Writing,
  • Precis Writing,
  • Translation.

Please note: Earlier, only general knowledge was tested, however, now, there are 100 marks for general legal knowledge- Section 1, along with 150 marks for English language and Hindi language (for translation)-  Section 2.

For the General Knowledge Section, it is advised that one goes through the following subjects, inter alia:

  • Geography,
  • Economic Scene,
  • Sports,
  • Scientific Research,
  • Current Events,
  • History,
  • Culture,
  • General Polity including Indian Constitution,
  • Sports & Games,
  • Countries and Capitals,
  • National and International affairs,
  • States and Capitals,
  • Countries and Currencies,
  • Daily News,
  • Famous Personalities,
  • Art & Culture,
  • Current GK.

Whereas, for Section 2, it is advised that one go through the following subjects, inter alia:

  • Idioms and  Phrases,
  • Antonyms,
  • Adverb,
  • Adjectives,
  • Para Jumbles,
  • Synonyms,
  • Reading Comprehension,
  • Sentence Corrections,
  • Error Spotting/Phrase Replacement,
  • Unseen Passages,
  • Cloze Test,
  • Fill in the Blanks,
  • Verbs,
  • Missing Verbs,
  • Phrase Replacement,
  • Meanings,
  • Word Formations,
  • Sentence Rearrangement,
  • Subject-Verb Agreement,
  • Articles,
  • Grammar.

For the legal affairs, the following subjects would be incorporated, inter alia:

  • The Constitution of India; 
  • The Code of Civil Procedure, 1908; 
  • The Code of Criminal Procedure, 1973;
  • The Indian Penal Code;
  • The Indian Contract Act, 1872; 
  • The Limited Liability Partnership Act, 2008; 
  • The Arbitration and Conciliation Act, 1996; 
  • The Indian Evidence Act, 1872; 
  • The Specific Relief Act, 1963; 
  • The Limitation Act, 1963;
  • The Protection of Children from Sexual Offences Act, 2012; 
  • The Commercial Courts Act, 2015.

Some important pointers to note for Part 1 – Section 2 of the Mains Exam

  1. This portion of the paper, addressed as the Delhi Judiciary Exam Language Paper (English) is created to assess an aspirant’s knowledge and proficiency in the English language. 
  2. This test evaluates an aspirant’s ability to understand and express ideas with ease and clarity. 
  3. This Language Paper has two passages in translation-
  4. One in English, and
  5. One in Hindi.

A candidate must translate the English passage into Hindi and the Hindi passage into English.

  1. While attempting this part, it is important that a candidate focuses on  substance and expression. This will help him/her score well in this Paper. 
  2. A point must be noted that for every accurate translation and effective expression, a candidate will be given credit (marks, in this case); however, in places where the grammar or vocabulary is not apt or if there is an issue with the sentence structuring, marks will be deducted.
  3. This Paper is one of the most important components of the Delhi Judiciary Exam, and it is advisable that a candidate prepare thoroughly for it.
Civil-Litigation-Practice,-Procedure-and-Drafting_696X293-

Paper 2 (Civil law: Part 1)

Paper 2 will consist of 200 marks. The duration of Paper 2 would be 3 hours.

For preparing for the Main Exams, namely Paper 2, for Delhi Judiciary, it is advised that one goes through the following subjects, inter alia:

  • The Indian Contract Act, 1872;
  • The Sale of Goods Act, 1930;
  • The Specific Relief Act, 1963;
  • Hindu Law; 
  • Mohammedan Law;
  • The Delhi Rent Control Act, 1958;
  • Law of Torts.

Also, there are some additions to the aforementioned subjects, namely:

  • The New Delhi Municipal Council Act, 1994;
  • The Delhi Municipal Corporation Act, 1957;
  • The Transfer of Property Act, 1882;
  • The Commercial Courts Act, 2015.

Paper 3 (Civil law : Part 2)

Paper 3 will consist of 200 marks. The duration for Paper 3 would be 3 hours.

For preparing for the Main Exams, namely Paper 3, for the Delhi Judiciary, it is advised that one goes through the following subjects, inter alia:

  • The Code of Civil Procedure, 1908;
  • The Indian Evidence Act, 1872;
  • The Limitation Act, 1963;
  • The Registration Act, 1908;
  • The Arbitration and Conciliation Act, 1996;
  • The Trade Marks Act, 1999;
  • The Copyright Act, 1957.

Paper 4 (Criminal law)

Paper 4 will consist of 200 marks. The duration of Paper 4 would be 3 hours.

For preparing for the Main Exams, namely Paper 4, for Delhi Judiciary, it is advised that one goes through the following subjects, inter alia:

  • The Code of Criminal Procedure, 1973;
  • The Indian Penal Code, 1860;
  • The Indian Evidence Act, 1872.

Also, there are some additions to the aforementioned subjects, namely:

  • The Domestic Violence Act, 2005, also referred to as the Protection of Women from Domestic Violence Act, 2005;
  • The Negotiable Instruments Act, 1881
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

Viva Voce

The Viva voce will consist of 150 marks

Some points to note when it comes to the final step- the viva voce-

  1. Candidates belonging to the general category and have scored 40% in each written paper, i.e., Paper 1, Paper 2, Paper 3, and Paper 4 and an aggregate of 50% overall, shall be called for viva voce.
  2. Further, candidates belonging to the reserved categories, i.e., Schedule Caste or Scheduled Tribe and/or are physically handicapped  (Blind/ Low vision) (mobility not to be restricted) Orthopedically handicapped/hearing impaired), shall have to 35% in each written paper, i.e., Paper 1, Paper 2, Paper 3, and Paper 4 and an aggregate of 45% overall shall be called for viva voce.
  3. The marks a candidate scores in the viva voce will be included in the marks obtained in the main exam, i.e., the written exam. 
  4. The candidate’s rank will depend on the aggregate of both these exams, i.e., the viva voce and the Mains Exam. 

How to start preparing for Delhi Judicial Services Exam

Mentioned below are some of the tricks to start preparing for the Delhi Judicial Services Exam.

Decide the target states 

It is necessary that one decides on the target states to ace the exam successfully. There are some states that have a similar pattern; you can opt for these states. Whereas there are some states that are regarded as being comparatively easy in comparison to the other states (for instance, it is a general contention that the entrance exam for the judicial department for courts in Madhya Pradesh is comparatively easier). Additionally, there are some states that do not have a bar on the number of attempts, and then there are some states that have a different upper age limit, so it all depends on the candidate’s choice. In short, it is a personal preference, and candidates must be very careful when choosing their target states.

Word of advice:  Industrial experts advise that a candidate target states that have uniformity in syllabus and pattern; for instance, candidates who opt for the Delhi Judicial Services Exam can also opt for the Haryana Judicial Service Exam. Decide on whether you want to do self-study or go to a coaching class.

After a candidate has selected the target states, he/she must decide whether they would like to study for the exam through self-study or opt for a coaching class. 

Get the material required for preparation and start your journey 

After following the above steps, one must start gathering the material required to start preparing for the exam(s). One can refer to the book list mentioned below.

Further, it is necessary that, as a candidate, you gather the following basic material-

  1. Bare Acts,
  2. Books (for theoretical knowledge and conceptual clarity), 
  3. Magazines and books, especially on current affairs and general knowledge, 
  4. Study material on language (if the state has a translation and language proficiency check test as described in Mains :  Part 1)

Books to refer for Delhi Judicial Services Exam 2023-24

For Delhi Judiciary Prelims Exam

Subject Name of the bookPublisher/Author of the book
General Preliminary Exam (all subjects)Singhal’s Judicial Service- Preliminary ExamSinghal Law Publication
General Knowledge– Upkar, Lucent’s General Knowledge,
– Arihant’s General Science, and 
– Pratiyogita Darpan
– Lucent and Upkar’s publication by Khanna and Verma,
– Arihant Publications,
– Pratiyogita Darpan
General Preliminary Exam (all subjects)Ultimate Guide to the Judicial Services Exam 2018, by LexisNexis- for all statesM A Rashid
English– English – Objective General English
– For essays and grammar – Renin Martin
– Newspapers (like The Hindu- editorial section)
– R.S Aggarwal
– Nil
– Nil
Hindi NewspapersDainik Bhaskar, Dainik Tribune, and Dainik Jagran, inter alia.
General Preliminary Exam (all subjects, but Delhi centric)Delhi Judicial Services (Preliminary) Exam Guide Dr. Ashok K. Jain
General Preliminary Exam (all subjects, but Delhi centric)Universal’s Guide to Delhi Judicial Services (Preliminary) Exam Vinay Kumar Gupta
General Preliminary Exam (all subjects, but Delhi centric)Universal’s Guide to Delhi Judicial Services Exam Universal’s law
General Preliminary Exam (all subjects)A Compendium of Multiple Choice Questions for Judicial Services Exams Samarth AgrawalSamarth Agrawal
General Preliminary Exam (all subjects, but Delhi centric)Singhal Law Publications- Multiple Choice Questions

Based On Case Law For Judicial Services (Subject Wise & Topic Wise) Useful for civil and Higher Judicial Services Exam, assistant public prosecutor examinations, Delhi University and other LL.M. Entrance examinations, and other competitive examinations
Gyanendra Chaturvedi 
General Preliminary exam (all subjects, but Delhi centric)Singhal’s Delhi Judicial Services exam Solved PapersSinghal Law Publication
General Preliminary exam (all subjects)Ready Reckoner for Judicial Services Preliminary examsSamarth Agarwal
General Preliminary exam (all subjects, but Delhi centric)TOPPERSNOTES Delhi Judicial Services For Civil Judge CadreTOPPERSNOTES Publication

For Delhi Judiciary Mains Exam

SubjectName of the bookPublisher/Author of the book
Law of Torts– The Law of Torts
– Law of Torts
– P S A Pillai’s Law of Tort
– Ratanlal and Dhirajlal
– R K Bangia
– Avtar Singh
The Indian Contract Act, 1872– Avtar Singh’s Law of Contract & Specific Relief
– Law of Contract I & II
– Rajesh Kapoor
– S S Srivastava
The Sale of Goods Act, 1930– The Sale of Goods Act and The Indian Partnership Act
– Sale of Goods Act
– Mulla
– Dr. R. K. Bangia
The Specific Relief Act, 1963– The Specific Relief Act, 1963
– Specific Relief Act
– Avtar Singh’s Law of Contract & Specific Relief
– Pollock and Mulla
– Dr. R. K. Bangia
– Rajesh Kapoor
Hindu Law– Hindu Law
– Modern Hindu Law
– Mulla
– Paras Diwan 
Mohammedan Law– Muslim law in modern India
– Mohammedan Law
– Paras Diwan
– Aqil Ahmad
The Constitution of India– Bare Act
– Indian Constitutional Law
– V N Shukla’s Constitution of India
– Pratiyogita Darpan
– Nil
– M. P. Jain
– Mahendra P Singh
– Pratiyogita Darpan Editorial Board
The Delhi Rent Control Act, 1958Delhi Rent Control Act, 1958 along with Rules, 1959Universal Law Publishing
The New Delhi Municipal Council Act, 1994New Delhi Municipal Council Act, 1994 Universal Law Publishing
The Delhi Municipal Corporation Act, 1957Delhi Municipal Corporation Act, 1957 along with allied Rules and ByeUniversal Law Publishing
The Transfer of Property Act, 1882– Mulla on the Transfer of Property Act, 1882
– The Transfer of Property Act
– The Transfer of Property Act
– Dinshaw Fardunji Mulla
– RK Sinha
– S.N. Shukla
The Commercial Courts Act, 2015Commentary on the Commercial Court Act, 2015Rahul Kandharkar
The Code of Civil Procedure, 1908– Civil Procedure, Limitation and Commercial Courts
– Universal’s The Code Of Civil Procedure
– C.K. Takwani
– Universal Law Publishing
The Indian Evidence Act, 1872– Bare Act
– V. P. Sarathi’s Law of Evidence
– The Law Of Evidence
– Nil
– K. A. Pandey
– Batuk Lal
The Limited Liability Partnership Act, 2008The Sale of Goods Act and The Indian Partnership ActMulla
The Arbitration and Conciliation Act, 1996– Commentary On The Arbitration And Conciliation Act
– Merkin and Flannery on the Arbitration Act 1996
– Justice SB Malik (Author), Fali S. Nariman (Introduction)
– Robert Merkin QC, Louis Flannery QC
The Limitation Act, 1963– The Limitation Act, 1963
– Bare Act
– LexisNexis
– Nil
The Registration Act, 1908– Commentary on The Registration Act, 1908
– Bare Act
– Malik
– Nil
The Trade Marks Act, 1999– Lawmann’s Trade Marks Act, 1999
– Professional’s Trade Marks Act,1999- Bare Act
– Kamal Publishers
– Professional Book Publishers
The Copyright Act, 1957– The Copyright Act, 1957
– The Copyright Act 1957 Bare Act with Amendments 
– Commercial Law Publishers (India) Pvt. Ltd.
– Government of India
The Code of Criminal Procedure, 1973– Criminal Procedure – R.V. Kelkar’s Criminal Procedure
– Bare Act
– The Code of Criminal Procedure
– Kn Chandrasekharan Pillai Rv Kelkar
– Nil
– S.N. Misra
The Indian Penal Code, 1860– P S A Pillai’s Criminal Law
– INDIAN PENAL CODE 
– P S A Pillai’s Criminal Law
– K.D. GAUR
The Domestic Violence Act, 2005, also referred to as the Protection of Women from Domestic Violence Act, 2005– Protection of Women from Domestic Violence Act, 2005 (Lawmann’s) 
– The Protection of Women from Domestic Violence Act, 2005- Bare Act with Short Notes 
– Nil
– Lexis
The Negotiable Instruments Act, 1881– Negotiable Instruments Act
– The Negotiable Instrument Act, 1881 – Bare Act
– R.K Bangia
– Harsh Vardhan Singh
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013– Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
– Bharat’s Commentary on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 
– Kamal Publishers
– Sundeep Puri 
The Protection of Children from Sexual Offences Act (POCSO Act), 2012– Protection of Children from Sexual Offences Act, 2012 alongwith Rules, 2012 (POCSO)
– The Protection of Children from Sexual Offences (POCSO) Act, 2012
– Professional’s
– Ganguly
The Commercial Courts Act, 2015Commentary on the Commercial Courts Act, 2015Sharath Chandran
Criminal litigation

For Delhi Judiciary Viva Voce

Well, there are no books per se for being successful in viva voce, however, one can refer to these books that improve one’s communication skills, which in turn might help the candidate in acing the viva voce stage just like the other two stages-

Name of the bookAuthor of the book
The New Lawyer’s Handbook: 101 Things They Don’t Teach You in Law SchoolKaren Thalacker
The Tools of Argument: How the Best Lawyers Think, Argue & WinJoel. P. Trachtman
Tomorrow’s Lawyer: An Introduction to Your FutureRichard Susskind 

Further, a candidate must explicitly focus on current legal affairs to ensure a reasonable discussion between them (the candidate) and the panel. 

Some important pointers to note for the Delhi Judiciary viva voce

  1. The viva voce interview will be conducted by a panel, which in turn will test a candidate’s legal knowledge of current legal affairs. The interview will also try to assess the candidate’s understanding of the legal system. 
  2. Further, the interview will determine the candidate’s personality traits, communication skills, reasoning, and logical ability. 
  3. Usually, the examiners ask questions based on one’s legal knowledge, understanding of legal concepts, and the candidate’s proficiency in applying them to real-life situations.
  4. Candidates belonging to the general category will have to score 50%, at least, in this viva voce exam to be successfully recommended for an appointment for the Delhi Judiciary Service.   
  5. Candidates belonging to the reserved category will have to score 45%, at least, in this viva voce exam to be successfully recommended for an appointment for the Delhi Judiciary Service or be eligible for the final selection. 

An analysis of previous year’s Delhi Judicial Services vacancies 

In the past few years, the Delhi Judiciary has released several circulars on the number of vacancies in the judiciary department for  candidates keen on being  judicial professionals, joining the esteemed judicial system, and contributing to the administration of justice in the capital city. Before we proceed to the application process for the Delhi Judiciary exam, let us have a look at the previous year’s vacancies. Check out the below tables for a year-wise description of the Delhi judiciary vacancies. 

Delhi Civil Judge Vacancies : list 2022

CategoryNo. of VacanciesTotal
ExistingAnticipated
General246286
SC358
ST28129
Total5568123

Delhi Civil Judge Vacancies : list 2022 for PWD candidates

Out of the 123 vacancies listed above, a total of 10 vacancies are reserved for the PwD category in the judiciary department. The same is mentioned in the table below:

CategoryVacancies
PwD (Blind and Low Vision)04
PwD (one arm, one leg, both legs, leprosy cured, dwarfism, and acid attack victims)03
PwD (Specific Learning Disability) and PwD (Multiple Disabilities involving blindness and low vision, one arm, one leg, both legs, leprosy cured, dwarfism, and acid attack, and specific learning)03
Total10

Previous year’s stats – In 2022, the total number of candidates who applied and passed the examinations are as follows:

Year Vacancy (no. of seats)Total no. of candidates appearedTotal no. of candidates qualified Total no. of seats filledTotal no. of seats vacant
2022 1231495797811013

Delhi Civil Judge Vacancies : list 2019

Category No. of vacancies Remarks 
General 332 Backlog; 2 Fresh; 29 Anticipated
SC1512 Backlog; 03 Anticipated
ST27All Backlog
Total 75

Delhi Civil Judge Vacancies : list 2018

Category No. of vacancies 
General 112
SC26
ST09
Total 147

Application process for Delhi Judicial Services Exam 

Before we have a look at the application process for the DJS exam, let us have a look at all the important documents one must keep handy to fill out the application form without any hassle. 

Documents required to fill out Delhi Judiciary application form

The following important documents must be kept handy to fill the application form without any hassle:

Valid email address

It is important that one uses a valid email address to fill out the application form, as this address will be used to communicate with the candidate as and when required. Further, all the important details and information regarding the admission and examination shall be forwarded to this email address only. 

Please note: Be extra careful while submitting all the details because once the information is submitted, it becomes tiresome to go through the editing process, thus causing a lot of mental agony and distress. 

Passport-sized photograph

It is important that a candidate add the most current passport-size photograph. As mentioned earlier, the image should be either in .jpg or .jpeg format and should not exceed 100 kb in size. 

Scanned signature

It is important that a candidate properly uploads his/her signature and follows all the steps mentioned above. Moreover, as stated above, the image should be in either a .jpg or .jpeg format and should not exceed 50 kb in size.

Educational qualifications and experience letters

To quickly complete the application form process, it is advised that the candidate keep his/her educational qualifications handy along with their experience letters, if any. 

Details of debit card or internet banking for payment 

To quickly finish the payment process, it is advised that the candidate keep his/her debit or internet banking details handy.

An aspirant must fill out the Delhi Judiciary Application Form for the DJSE exam 2023 by visiting the official website of the Delhi High Court-  www.delhihighcourt.nic.in. Let us have a look at the steps to fill out the Delhi Judiciary Application Form. 

PwD certificate and Caste certificate

If applicable, it is advised that the candidates keep their PwD certificate and Caste certificate handy. 

Steps to fill out Delhi Judiciary application form

Step 1 : Creating a new login ID for new candidate

  • All the new candidates, i.e., the candidates appearing for the first time, have to register as a ‘Fresh Candidate’ on the official website before proceeding towards filling out the Delhi Judicial Services Application Form. 
  • The candidate has to select the option of the ‘Delhi Judiciary Apply Online Fresh Candidate Tab’ in order to Create a login.
  • Further, candidates have to provide the following necessary details to create a login id-
  1. Name, 
  2. Date of birth, 
  3. mobile number, and 
  4. Email ID.
  • Moreover, always ensure the password used for creating the login ID is noted down somewhere.  
  • After following the above steps, press the ‘submit’ button. 
  • The applicant’s login credentials will be shared with them at the registered email address after successfully completing the registration process.  
  • It is advisable that the applicant star-mark this email for future reference.

Please note: The email address and the date of birth filled in during the process of registering as a new candidate will be used to login into the website at the time of filling out the online Delhi Judiciary application form. 

Word of caution :  The details, once entered, cannot be altered at later stages; therefore, it is crucial that one fills in all the details with the utmost care and precaution.

Step 2 : Filling the Delhi Judicial Services Exam Application Form

  • Login with the credentials (login ID and password) sent to the registered email address by selecting the option of Already Logged In Candidate tab to Complete the Process.
  • Once done, a verification code will be sent to you, kindly add the same and then select the ‘Submit‘ option. 
  • Fill in the requisite details in the form. One must note that their eligibility for appearing in the exam will be determined based on the information the candidates provide; hence, one must be extra careful while filling out the form, especially the details like qualifications, caste, etc. 
  • Once the details are entered upon, add other relevant details like the preferred examination centre, parent’s details, gender,  nationality, academic details, residential address, and contact information.
  • Once done, click on the ‘SAVE’ button to save all the details to complete the application form.
  • In case you notice any errors in any of the details entered upon, you can login again using the same Email ID and Date of Birth. 
  • Once the changes are made, kindly ensure you click on the ‘SAVE’ icon. 

Step 3 : Uploading photograph and signature

After the above steps comes the step of uploading a photograph and signature. Mentioned below are some tips for your reference. 

Photograph

Some tips to ensure before uploading your photograph on the official website:

  1. The photograph should be a recent passport-size coloured image.
  2. One must ensure the image to be uploaded is captured in colour, and is taken against a light-coloured background, preferably a white background, and does not have any dark shadows. 
  3. If  a candidate wears glasses, he/she must ensure that there are no reflections on the eyes or the glass of the spectacles. Further, the candidate must also ensure that his/her ears are clearly visible in the photograph. 
  4. One must refrain from wearing dark glasses, caps, hats, etc. However, religious headwear is allowed, provided it does not cover one’s face.  
  5. The image must be scanned and uploaded either in .jpg/.jpeg format and should be anywhere between 50-100 kb.
  6. Once uploaded, click on the ‘Next’ button to continue the process of application. 

Signature

Some tips to ensure before uploading your signature on the official website:

  1. Signature should be made on white paper with a black pen.
  2. Once done, only the signature part should be scanned, as opposed to the whole page.
  3. One must ensure the image size does not exceed 50 kb. 
  4. It is pertinent to note that the signature will be saved with the candidate’s details, and if the signature does not match with the one made on the answer sheet while writing the written test and the interview, there is a possibility of the candidature being cancelled, which is why an aspiring candidate must be extra-cautious while filling out the necessary details.
  5. The signature has to be scanned and uploaded either in .jpg/.jpeg format and should be anywhere between 20-50 kb.

Step 4: Making payment of the Delhi Judicial Services exam Application Fee 2023

The candidates can make payment of the application fees for the Delhi Judicial Services exam entrance exam either through a debit card or via net banking. Before making payment, it is advised that the candidates keep their Debit Card / Internet Banking information easily accessible or handy.

Further, the application fees vary depending on the candidate’s category (general or reserved). The same will be discussed in detail in the upcoming passages. Candidates can take a printout of the online Delhi Judiciary application form by clicking ‘Already Logged In Candidate’ to complete the process.

Fees for Delhi Judicial Services Exam 

The fee payable for the application depends on the category a candidate belongs to. 

  1. For a general category, the fee is Rs. 1000/-.
  2. Whereas, for the reserved categories, the fee is Rs. 200/-.

How to make payment for the Fees for the Delhi Judiciary exam 

An applicant can make payment of the application fee for the Delhi Judiciary exam using any debit card or via net banking. 

Steps to make payment for the Fees for the Delhi Judiciary Exam

  1. Once the above application procedure is completed, you will be prompted to make payment of the examination fees.
  2. You will have to enter the details of either your debit card or net banking account in order to proceed with the application.
  3. You will get a self-generated Web Application Number after successfully making the payment.
  4. Once the transaction is complete, the candidate will receive a preview of the application with the application number.
  5. All applicants are advised to keep a printout of this completed approval application for future reference. 

Tabular representation of fees for Delhi Judiciary Exam

Category Fee amount in Rs. ( (Application Fees + Bank Charges, if any)
SC/ST/PWD200/- + bank charges (if payment is made through net banking). There are no bank charges if paid through a debit card.
Rest of the categories 1000/- + bank charges (if payment is made through net banking). There are no bank charges if paid through a debit card.

Number of attempts for Delhi Judicial Services Exam

The number of attempts for the Judicial Services exam varies from state to state. While some states in India do not have a limit on the number of attempts, in the Delhi Judicial Services exam, a candidate has a total of 6 attempts

How to check results for Delhi Judicial Services Exam 

There are some steps one must follow to obtain the results of the Delhi Judicial Service, namely:

  1. Visit the official website of the Delhi High Court, or you may click on this link- delhihighcourt.nic.in.
  2. Click on public notices. 
  3. Then select Recruitment Results. 
  4. A new page will appear, and one may select the respective pdf from the numerous pdfs and download the same. 
  5. Check the results.

Please note : It is always advised to keep a hard copy of the pdf for future reference. 

Please have a look at the following images to get a better idea of the steps.

How to ace the Delhi Judicial Service exam

  1. Context is everything. Ensure the information to write in your exam is factually accurate, succinct and precise. 
  2. Read the questions carefully. Only attempt the question when you have understood the question properly, if not, read again. If you still can’t succeed, move on to the next question and come back to the previous one at the end, if time allows. 
  3. Avoid beating around the bush. Be precise and concise while writing the answers. 
  4. The level of questions is usually intense which is why one needs to solve previous year’s question papers to understand the level. 
  5. Except a high cut-off in Prelims and Mains, considering the number of candidates applying every year, and start preparing accordingly. 
  6. Scoring well in all the papers is crucial for you to succeed, so focus on all the subjects. 
  7. Think from a wide perspective and in a critical manner. Practise beforehand and then start writing. 
  8. Expect fair and transparent results. 
  9. Don’t get disheartened if you do not clear the exam. 

Some Frequently Asked Questions (FAQs) on Delhi Judicial Services Exam 

FAQs on Delhi Judiciary Prelims Exam 

Is there any particular syllabus for the Delhi Judiciary Exam Prelims Paper? If yes, what is it?

Yes, there is indeed an explicit syllabus for the Delhi Judiciary Exam Prelims Paper and it consists of the following: 

  1. General legal knowledge, 
  2. English language, and 
  3. Objective-type legal problems.

Is the judiciary prelims exam pattern the same for all the states in India? 

The judiciary exam pattern varies from state to state, so, to answer the aforementioned question, no, the pattern is different depending upon the state, which is why, it is always advised that one look at the official circulars issued by the high courts of those states. For Delhi, one has to visit delhihighcourt.nic.in.

Do all the states have prelim exams compulsorily? 

Yes, all the states conduct the prelim exams compulsorily. 

What are some tips and tricks to prepare for the Delhi Judicial Services Preliminary Exam?

The following are some of the tips and tricks given by industrial experts that a candidate can follow to prepare for the Preliminary Exam-

  1. Focus on the bare acts. 
  2. Solve and try to remember as many MCQs as you can. 
  3. Practise English MCQs related to para jumbles, grammar, and the like (kindly check the syllabus section for this). 
  4. Highlight and maybe write down some of the most important provisions from each bare act and revise them on a daily basis. You can also try developing your own codes and stuff for remembering the sections and provisions in a better manner. 
  5. Since General knowledge, current legal affairs and current affairs form a considerable portion of prelims paper, one must focus on reading newspapers, editorials, competitive magazines, exam refreshers, etc.

Word of advice: Always try to get the latest version of the bare acts. You can easily find them online. Once you do, do not switch the bare acts to the latest version once you have started studying. Ensure the bare act is in accordance with the syllabus. If there are any amends, you can note them on a separate page or, best of all, use sticky notes! 

What is the ideal time for a judicial aspirant to start with judicial preparation?

Ideally, as per industry experts, the following timeline is the most suitable one-

Five-year course

Ideally, for a five-year course student, the ideal time to start the judicial preparation is from the 4th or 5th year. 

Three-year course

Ideally, for a three-year course student, the ideal time to start the judicial preparation is from the 2nd year. 

However, there cannot be a straight-jacket answer to this as it depends on the candidate’s level of understanding, ability to interpret laws, and knowledge in the field of law. 

Word of advice:  In any year of law school, ensure that you, as a candidate, focus on academia as well as current affairs and the current legal affairs.

M&A

FAQs on Delhi Judiciary Mains Exam 

What subjects must be studied to cover the portion of the Mains Exam for the Delhi Civil Judge?

For the Delhi Judiciary Exam, one must cover numerous subjects related to the following-

  1. Civil law, 
  2. Criminal law, and
  3. English. 

The list is discussed in the above passages.

Do all the states have a mains exam compulsorily? 

Yes, all the states conduct the mains exams compulsorily.

Are there any tips and tricks for a candidate to successfully ace the Mains Exam? 

Mentioned below are some of the best tips and tricks to help a candidate successfully ace the Mains Exam:

  1. A candidate must ensure that he/she has sound conceptual knowledge of the Mains subjects. 
  2. While writing the answer, one must ensure that there is clarity in the thought process. All the answers should be succinct and to the point.
  3.  Proposition base questions would need an application of mind and logic.
  4.  Rote learning will not help at all. 
  5. One can only interpret and apply the laws properly if one follows a detail-oriented approach right from Day 1.
  6. The questions asked in the examinations are very lengthy, which is why one must develop the habit of highlighting important provisions while reading. 
  7. Practise writing essays and answering questions right from the beginning. Preferably, set a timer and try to write with good handwriting. 
  8. RACE AGAINST TIME:  Ensure you have good handwriting and a good pace! 
  9. Learn, revise, and apply- Keep your notes handy at all times. 
  10. Ensure you know there is equal weightage given to all the 4 papers, and thus equal attention should be given to all the subjects. 
  11. It is crucial that you mention case laws while writing the answers in the Mains exam. 
  12. Further, adding legal maxims will let the examiner know you have done your study well, and this will surely give you an extra edge over others! 
  13. The length of the answer will not be a determining factor for scoring marks. Ensure the quality of the answer is good enough. 
  14. Open books examinations- In the Mains Exam, a candidate is provided with bare acts; however, these bare acts do not include information on comments, cases, etc. 
  15. Stay up to date with general knowledge, current affairs, and current legal affairs. Watch the news daily for 15-30 minutes and ensure you read the newspaper every day, especially the editorial section. Add all this information whenever you can to your Mains written exams. 
  16. Focus on the language and ensure there are minimal errors and scribbling on the paper. 
  17. Choose a pen wisely. Preferably, go for a black ballpoint pen. 
  18. Avoid unnecessary aggravation while writing the answers  for your Mains Exam. 

Is there any way a candidate can work on improving his language skills? 

Yes, definitely. Mentioned below are some of the best tips and tricks for Delhi Judiciary aspirants:

  1. Focus on building a vocabulary. Watch TV series, read books, and subscribe to YouTube channels that can help you do so! They are available in plenty on the internet. 
  2. Work on improving articulation/expression. 
  3. Practise grammar and solve MCQs. Focus on tenses, articles, and idioms). 
  4. Include quotes from renowned personalities, statistics, and schemes while writing the essay(s). 
  5. Keep a brief summary of content ready for all the expected essay topics.
  6. Follow a proper structure and ensure the flow is proper. Do not add any information anywhere. 
  7. Read editorials of newspapers and refer to relevant books.

Is there an alternative where I don’t get study materials but want to just give test series to self-access my progress? 

Yes, definitely. In case one does not opt for full-fledged coaching for preparing for judicial examination, there is always the option of enrolling in Test Series to help you assess where you stand on the level of preparation and how and on which areas you have to focus more on! 

FAQs on Delhi Judiciary viva voce

How should one prepare for the viva voce exam for the Delhi Judiciary Exam? 

In order to prepare for the viva voce, an aspirant must focus on current legal affairs and develop skills that would enhance their communication skills. A detailed discussion on the same is given above.

Are there any specific subjects one can focus on when it comes to making the viva voce exam? 

As the type of questions asked in the interview would depend on the panel of interviewers conducting the examination, there cannot be made an explicit mention of what all subjects can one focus on to ace the interview; however, a few tips that can help an aspirant ease the interview process are as follows:

  1. Having knowledge of the legal and non-legal current affairs,
  2. Having a solid knowledge of the legal concepts, as the Delhi Judiciary examinations focus mainly on conceptual clarity. 

In this viva voce round, the panel judges the candidate based on his presence of mind, clarity of law, ability to comprehend the questions put forward, and the quality of answers he/she gives, hence, it is important that one prepares accordingly to ace this stage. 

Further, the following tips can be taken into consideration while preparing for the interview: 

Communication skills Tips to improve 
Clarity – Speak clearly and unhurriedly. 
– Convey your words in a proper manner.
– Avoid using slang or jargon (legal jargon is fine!).
– Practise pronunciation of words (you may google that word and the meaning along with its pronunciation will generally be displayed at the beginning). 
Tone– Use a pleasant and courteous tone.
– Refrain from sounding aggressive or confrontational.
– Maintain a calm and composed demeanour. 
Listening– Try to listen actively. 
– Pay close attention to what the interviewer is conveying. 
– Ask questions and clear your doubts from the panel if needed. 
– Refrain from interrupting or talking while the interviewer is talking. 
– Try to engage with the interview panel by showing a level of interest. 
Body language – Maintain eye contact with the interviewer and ask you questions. Do not ignore the others, though.
– Use appropriate gestures and facial expressions. Do not frown or show anger on your face in case you disagree with anything the panel says.
– Sit straight, and maintain a good posture. 
– The most important tip:  avoid fidgeting. 
– Also, no slouching. 
Vocabulary – Use proper and concise language.
– Avoid repeating phrases.
– Develop your vocabulary by reading legal texts and articles (articles on iPleaders can be very helpful in such cases). 
Confidence– Have faith and confidence in yourself and your skills and abilities. 
– Practice speaking in front of a mirror or with a friend. 
– Seek help from your mentor or seniors. 
– Manifest a successful outcome. 
Empathy – Exhibit some level of empathy towards the questions asked by the interviewer or panel. 
– Ask queries to clarify the questions, if needed. 
– Avoid being too judgemental or dismissive. 
– Offer positive solutions. 
Adaptability – Carefully tailor the way you respond to the interview questions. 
– Listen and respond in an appropriate manner. You may take a small pause to think about the answer and then begin speaking, but avoid looking at the ceiling while you think about the answer! 
– Adjust your tone for every answer as the situation demands. 
Non-verbal communication – Avoid crossing arms or legs. 
– Maintain an open and approachable attitude. 
– Use appropriate facial expressions.
– Avoid distracting movement or behaviour like scratching your nose or touching your face, etc. 

Are there any tips and tricks for a candidate to successfully ace the viva voce or the interview round for the Delhi Judicial State Exam? 

Mentioned below are some of the best tips and tricks that will help you ace the vivavoce round:

  1. Stay up to date with current affairs, legal issues, amendments, and bills, if any. 
  2. Having a thorough knowledge of laws, especially, the local laws.  Be prepared to have off-beat questions about the local laws of that state. 
  3. Usually the panel asks questions on government subjects, so it is advised that one chooses a subject with proper scrutiny and wisely, as you can claim the subject to be your favourite and there is a possibility that the experts will ask you questions based on the subject. 
  4. Practise introduction by standing in front of the mirror. Notice and improve on your body posture and expressions, if need be.
  5. Be well-versed in the details of your application form. For instance, if you are a practising lawyer, there is a possibility that the interviewer will ask you questions based on that. The questions could be:
  1. What is your practice area?
  2. Why did you choose this area?
  3. Any details of that area.
  1. Remain calm, composed, and confident during your interview. Preferably, breathe in and out a few times before entering the room. 
  2. Work on grooming yourself and your etiquette, conduct, and appearance. Dress smartly and neatly! 
  3. Maintain a pleasant attitude. Keep a warm smile on your face at all times, except when the situation demands otherwise. 
  4. If you cannot recall an answer to any question asked by the interviewer, apologise to them in a polite manner instead of bluffing around. Remember, they are experts in the field of law and will easily catch the lie or wrong answer. This method will help you avoid negative markings as the interview panel will also understand that one cannot answer all the questions they ask. 
  5. One must note that the Delhi Judicial Services interviews do not last for a long period of time, usually. 
  6. Always remember, FIRST IMPRESSION IS THE LAST IMPRESSION! So enter with a pleasing smile and greet each and every panellist. 

How to improve your communication skills for the judiciary interview? 

In order to improve communication skills, one can take mock interviews, record themselves while pretending to give the interview and send them to peers or mentors for feedback. 

What should one wear to the interview for the Delhi Judicial Service viva voce round?

While going for the viva voce round, ensure you dress formally and decently. Always avoid flashy or casual outfits. 

How to demonstrate your personality and character traits during the viva voce round?

To demonstrate your character traits, follow the instructions stated below: 

  1. Be authentic, 
  2. Show enthusiasm, 
  3. Highlight your strengths and accomplishments, 
  4. Avoid giving a negative answer or being a critic for every question asked. 

What are some do’s and don’ts for the viva voce round? 

The do’s and don’ts for the viva voce round are as follows: 

Do’sDon’ts
Dress in a professional and appropriate manner. Don’t wear anything revealing, flashy or casual, that would be regarded as inappropriate and one might get some negative marks for the same. 
Maintain a polite, courteous and assertive tone. Don’t disturb or interrupt the interviewer while he/she is asking you a question. Let them finish and then answer, avoid speaking over them. 
Be confident while answering the questions. Don’t show arrogance or overconfidence. 
Maintain good eye contact in the course of the interview process. Don’t avoid eye contact. Don’t stare excessively at one interviewer. 
Listen carefully to the interviewer’s questions and only answer when you understand them. If not, ask again. Don’t give ambiguous, vague or incomplete answers. 
Be honest and transparent about your experiences and qualifications. Don’t lie or exaggerate your experiences or qualifications. 
Use examples, instances and illustrations to support your answer. Don’t give answers that are too generic or irrelevant in nature. 
Follow up with an email or letter showing gratitude to the interview panel.  Don’t be too pushy while sending an email or letter. Do not send too many emails or letters. 
Try researching about the interview panel beforehand. Refrain from asking irrelevant or unsuitable questions.
Express your enthusiasm and excitement for the role. Don’t appear to be least-bothered, interested or unenthusiastic. 

What are some personality-based questions one can expect during the viva voce round?

An interviewer or the interview panel may ask the following personality-based questions:

  1. Please introduce yourself.
  2. Tell us about your family history.
  3. What made you decide to work in the field of law?
  4. What made you decide to give the Delhi Judiciary Exam?
  5. Why do you think you are qualified for this position?
  6. What is your cope-up mechanism to deal with all the stress and pressure in your student/professional life?
  7. What is your cope-up mechanism to deal with all the stress and pressure in your personal life?
  8. Tell us about your career goals and aspirations.
  9. Tell us about your hobbies and interests outside work.
  10. What is the fuel behind working so hard and attaining success?
  11.  How do you manage your time efficiently so as to accomplish all your set tasks and targets?
  12. What qualities, in your opinion, are important to become a judge?

What are some subject-based questions one can expect during the viva voce round?

An interviewer or the interview panel may ask the following subject-based questions:

  1. Under Section 151 of the Criminal Procedure Code, who can be arrested?
  2. Which provisions are applicable to a Magistrate’s trial?
  3. What does the term XYZ mean?
  4. Explain the term ‘suit’.
  5. Explain the term ‘injunction’.
  6. Can a foreign judgement be applied in India? Kindly justify your answer. 
  7. Name any two Directive Principles of State Policy.
  8. How can a court grant preventive relief?
  9. Till what stage can a court alter the charge?
  10. Who is a performa defendant?
  11. In which cases, the rule of sub judice is not applicable?

How to answer what are strengths and weaknesses?

  1. List out your strengths and weaknesses, honestly.
  2. Justify your strengths and weaknesses by giving instances and examples.

How to answer “What are you doing to overcome your weaknesses”?

  1. Give an apt and concise reason and justify your answer. An example of how you are trying to improve that particular weakness would be a great addition. 
  2. Do not over-justify your answer. Stick to the point.

How to answer the question- “Why should we select you”?

Try explaining your skills, talents and achievements and why you would be a perfect candidate for being selected as a judicial officer. You may talk about your time management skills, your leadership skills, and your ability to understand and comprehend a situation, inter alia. 

FAQs about general questions in Delhi Judiciary exam

Does the Delhi Judicial Services Exam have a provision for negative marking?

Yes, the Delhi Judicial Services Exam has a provision for negative marking and deducts 0.25% of the total marks for every wrong answer.  The same shall be inferred as a deduction of ¼ of the total marks for every incorrect answer. 

What is the allocation of marks for the Delhi Judicial Services Exam? 

For the Delhi Judicial Services Exam, the bifurcation is as follows: 

  1. Prelims – 200 marks, 
  2. Mains – 850 marks, and
  3. Viva voce – 150 marks. 

How can an aspirant start his/her journey to ace the Delhi Judicial Services Exam?

Tip 1. Start in reverse order

Well, it depends on person-to-person, but one can start studying in ‘reverse‘, i.e., start studying for the Mains Exam, and a lot of the syllabus of the Prelims Exam will automatically get covered.  But this also depends on the time constraint. If your exams are near and you haven’t prepared much, it is advised that you follow the order of the exam. 

Tip 2. Do not waste time

The candidates who have attempted the Prelims Paper, must start with the preparation  of Mains Exam as soon as they can, for the syllabus for the Mains Exam is quite vast, as you must have noticed above, in comparison to the preliminary exam. 

Tip 3 : Go through the exam pattern of Delhi Judicial Services

A candidate, while starting the preparation for their exams, must go through the exam pattern of the respective state, in this case, Delhi. Going through the exam pattern will help you understand the number of questions, the marking scheme, and the time duration, among other things. 

Tip 4 : Practice solving previous year’s question papers

Once the preparation has begun, a candidate must solve the previous year’s question papers while keeping track of time. Doing so will help the candidate with the initial exam anxiety and will also help in the proper allocation of time for each question while giving the actual exam. 

Tip 5 : Prepare question banks on your own

Preparing question banks on your own for all the major subjects and the local laws will definitely aid in the process of acing the exam. This will also help you revise the entire syllabus quickly and can also make you aware of any difficulties or problems you are facing in any specific subject. 

Tip 6 : Choose states that have a similar pattern

Lastly, it is always advisable that a candidate choose or appear for those exams that have a similar pattern. For instance, while preparing for the Delhi Judicial Services, you can also prepare for the Haryana Judicial Services.

Are there any tips one must follow while preparing notes for a journey to ace the Delhi Judicial Services Exam?

Yes, definitely; mentioned below are some of the tips to ace the Delhi Judicial Services Exam-

  1. Note and keep revising all the legal essential legal terms that you come across during the preparation. You can also take a printout or write the information on a piece of paper and stick it on a wall, and keep revising the same thing every day once or twice.
  2. Using attractive play cards is yet another interesting way to ace the Delhi Judicial Services Exam with a bit of fun.
  3. Use colourful bookmarks, sticky notes, and highlighters for your notes to make them interesting and easy to read. Use different colours for different subjects.
  4. Note down questions on each topic while studying a subject and ensure you thoroughly prepare for the same.

FAQs on Delhi Judiciary vacancies

How frequently are vacancies released for the Delhi Judiciary? 

There is no straight-jacket answer to this equation, but the vacancies for the Delhi Judiciary are released periodically. The time period depends on the requirements of the High Court and the Judicial system. 

How do I apply for the Delhi Judiciary vacancies? 

Generally, applications for the Delhi Judiciary vacancies are accepted online through the official website of the High Court. For Delhi, one has to visit delhihighcourt.nic.in. and register and follow the instructions given in the notice, as and when the vacancy notice is out. 

How many Delhi judicial Vacancies will be released in 2023?

The notice about the vacancies for the post of a judicial officer in Delhi has yet to be released. One must keep an eye on the official website (delhihighcourt.nic.in.) for further updates. 

What is the selection process for Delhi Judiciary vacancies? 

The selection process for the Delhi Judiciary vacancies has multiple stages, namely

  1. Preliminary Exam,
  2. Mains Exam, and 
  3. Viva voce.  

 Each of these stages is discussed in detail above, along with the syllabus.

FAQs on Delhi Judiciary Exam eligibility criteria 

What is the eligibility criteria for the Delhi Judiciary Exam?

In order to successfully apply for the Delhi Judiciary Exams, a candidate has to ensure that the following requirements are met:

  1. He/she is a citizen of India and also has India’s citizenship.
  2. He/she is below the age of 32 years (please note, this criterion is only for candidates belonging to the general category).
  3. However, there is an age relaxation between 5 and 15 years for some individuals belonging to a specific category, as discussed below. 
  4. He/she has a Bachelor’s Degree in Law from a recognised University/Institution.
  5. His/her educational qualifications include:
  1. Being an advocate under the Advocates Act, 1961;
  2. Or the candidate is practising as an advocate in India.

FAQs on Delhi Judiciary Exam age criteria 

Is there an age limit for the Delhi Judiciary Exam?

To understand the question better, kindly read the following points:

  1. There is no minimum age limit for attempting the Delhi Judiciary Exam. 
  2. However, a candidate must be under the age of 32 years (please note, this criterion is only for candidates belonging to the general category).
  3. Moreover, there is an age relaxation between 5 to 15 years for some individuals belonging to a specific category.

Is there an upper age limit relaxation for some candidates appearing for the Delhi Judiciary Exam?

Yes, there is an upper age limit relaxation for some candidates appearing for the Delhi Judiciary Exam. The relaxation is for candidates belonging to the Reserved Category. The Reserved Category includes candidates belonging to the Scheduled Caste or Scheduled Tribe. It also includes candidates from the PwD (person with disability) category.

Is there an upper age limit relaxation for  Scheduled Caste and Scheduled Tribe candidates appearing for the Delhi Judiciary Exam?

Yes, in case the candidates appearing for the Delhi Judiciary Exam belong to the Scheduled Caste or Scheduled Tribe, there is an upper age limit relaxation by 5 years

Is there an upper age limit relaxation for Ex-servicemen appearing for the Delhi Judiciary Exam?

Yes, there is an upper age limit relaxation for a maximum of 5 years for the Ex-Serviceman including Emergency Commissioned Officers and Short Service Commissioned Officers, who have provided at least 5 years of military service and have been released on completion of assignment instead of being dismissed on any grounds like that of misconduct or inefficiency or on account of physical disability that will deem them not capable of work. Further, this provision is also applicable to those candidates whose assignments will be completed within 6 months). 

Is there an upper age limit relaxation for Persons with disabilities (PwD) appearing for the Delhi Judiciary Exam?

Yes, there is an upper age limit relaxation for Persons with Disabilities (PwD) candidates appearing for the Delhi Judiciary Exam. The relaxation shall be between 10-15 years, depending on the category the candidate belongs to. Let us have a look at the same. 

Is there an upper age limit relaxation for Persons with disabilities (PwD) belonging to the General Category appearing for the Delhi Judiciary Exam?

Yes, for General Category candidates with PwD, there would be a relaxation of up to 10 years

Is there an upper age limit relaxation for Persons with disabilities (PwD) belonging to the SC / ST, ie., the Reserved Category appearing for the Delhi Judiciary Exam?

Yes, for general category candidates with PwD, there would be a relaxation of up to 15 years

FAQs on Delhi Judiciary Exam preparation 

Does a candidate have to have knowledge of the local laws to ace the Delhi Judiciary Exam? 

Yes, definitely, yes! For a candidate to ace the Delhi Judiciary Exam, it is crucial that he/she be well-versed with the local laws. The reason behind this is quite simple: knowing the local laws of Delhi would assist a candidate in assessing the legal system and procedures followed in the courts in Delhi. 

Do all the states carry out the language test like Delhi does for Hindi translation? 

No, not all states conduct the language test. There are only a few states that follow this process.

Are there any important subjects one must focus on to ace the Delhi Judiciary Exam or do all carry the same weightage? 

As per industry experts, all the subjects deserve an equal amount of attention. Further, as a candidate, you might think you should focus on core law subjects, however, strengthening other areas like-

  1. The local laws of that state; 
  2. The language(s) used in that state; 
  3. General knowledge and current affairs, both local and national; 
  4. The newly added subjects

are equally important and will help a candidate create a cutting edge. 

What are the local laws one must focus on to ace the Delhi Judiciary Exam? 

The following laws, inter alia, must be referred to in order to ace the DJS Exam-

  1. Delhi Rent Control Act, 1958 
  2. New Delhi Municipal Council Act, 1994 and
  3. Delhi Municipal Corporation Act, 1957.

FAQs on career, scope and pay scale in Delhi Judicial Services 

What are the career prospects when it comes to Delhi Judiciary? Is there any scope for growth in this field?

Entering the field of judiciary offers amazing career prospects with several opportunities ranging from personal growth to professional growth.  These opportunities also include being promoted to higher judicial roles and having the ability to make a substantial impact in the field of law and justice.

How much salary and allowances are paid to lower court judiciary judges? 

For a judge of the lower court, the salary ranges anywhere between INR 26,000 and 200,000.

The pay scale, or the Delhi Judicial Services Salary Structure 2023, for the selected candidates, is yet to be declared by the authority and is based on the 7th Pay Commission. The norms of the 7th Pay Commission follow the Pay Matrix Level to decide the salary of a particular post. It consists of the following-

  1. grade pay, 
  2. basic pay, and 
  3. a pay band.

However, it is expected that the selected candidates will get a Delhi Judicial Services Salary ranging from a pay scale of INR 56,100 to 1,77,500 on average. 

Some common FAQs on Delhi Judicial Services Exam 

Can a practising lawyer apply for the Delhi Judicial Services Exam? 

Yes, a practising lawyer has the liberty to apply for the Delhi Judicial Services Exam as long as the eligibility criteria and the age limit are met (both discussed in detail above). 

Further, it must be noted that to appear for the Higher Judiciary Exam, the lawyer should have completed at least 7 years of practice as an advocate. 

What are some noteworthy pointers to consider while dealing with the process of enrolling for the Delhi Judiciary Exam?

The application forms will be made available on the official website (delhihighcourt.nic.in.) and aspirants who wish to appear for the exam must take care of the following things while filling the form-

  1. Fill out the required form with proper information, 
  2. Properly upload scanned passport-size photographs, 
  3. Pay the requisite admission fees (discussed below), and 
  4. Submit the form once all the necessary information is added. 
  5. Always, always take a printout of the application for future reference. 
  6. There is no need to forward a hard copy of the application to any authorities unless specified otherwise. 

Are there any limitations on the number of attempts for the Delhi Judicial Services Exam?

The number of attempts for the Judicial Services Exam varies from state to state. While some states in India do not have a limit on the number of attempts, in the Delhi Judicial Services Exam, a candidate has a total of 6 attempts

What should one check before selecting a judiciary course for acing the Delhi Judicial Services Exam?

A candidate must ensure that the coaching classes or online classes one is considering enrolling in have the necessary coaching for the local laws of Delhi along with the major subjects. Further, if a candidate decides to attempt other states, as well, he/she must ensure that help is provided for the same. 

If I want to be a judge, should I still do internships? What kind of internship should I do?

Yes, a candidate can do numerous internships even when he/she is aspiring to be a judge. One can start with a district court internship, then work in the high courts, and, if possible, also in the Supreme Court under any lawyer. One can also apply for a clerkship while preparing for the judicial examinations. This will help the candidate gain a better understanding of the courts and the processes and procedures they follow to resolve disputes on a daily basis, amongst other things. 

How long will it take me to prepare?

Well, there is no straight jacket formula to answer the question, but it is advised that a candidate start his preparation in law school itself.  Ideally, as per industrialist experts, the following timeline is the most suitable-

Five-year course

Ideally, for a five-year course student, the ideal time to start the judicial preparation is in the 4th or 5th year. 

Three-year course

Ideally, for a three-year course student, the ideal time to start the judicial preparation is from the 2nd year. 

As stated above, there cannot be the same duration for every candidate. The success rate depends on the candidate’s level of understanding, ability to interpret laws, and knowledge in the field of law. 

Word of advice:  In any year of law school, ensure that you, as a candidate, focus on academia as well as current affairs and the current legal affairs. 

How many mock tests should I practise for the preliminary examination, and where do I get them?

One can practise numerous mock tests for the preliminary examination; as they say, the more, the merrier! One can get the mock tests online or also buy books on the same, which are available in abundance in the market. 

Words of motivation

It is never too early or too late to start on anything you are passionate about, be it the judiciary or the higher judicial services! Further, no one can know you better than you do and tell you what you need to work on or which skills you need to enhance further. This career path may not be as easy as ABC, but it is the same in other fields. It won’t be easy, but it will definitely be worth it. All the best!

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All you need to know about insurance contract law

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This article has been written by Fahad Attarwala pursuing a Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution at LawSikho, and has been edited by Shashwat Kaushik.

It has been published by Rachit Garg.

Introduction

Life is a chain of uncertain events that can never be predicted. One moment we are very happy and balling around with our friends, and in another, we may face the worst fears of our lives. Let me support my statement with an example, suppose you’re going to a nightclub with your friends, you’re very excited, and suddenly your car meets with an accident. You’ll obviously get very dejected. This is what I meant when I said life is unpredictable. This makes it necessary to take precautions against suffering losses due to such occurrences. This is what the concept of insurance is based on.    

Definition of an insurance contract

An insurance contract is an agreement between the insurer, i.e., the insurance company, and the insured, i.e., the policyholder, in which the insurer agrees to compensate the insured for any future loss suffered by him, and he does so by accepting a premium. In India, insurance contracts are governed by the Insurance Act of 1938 and other rules and regulations issued by the Insurance Regulatory and Development Authority of India (IRDAI).

Formation of insurance contracts

As for the formation of contracts, the contract has to fulfil the criteria laid down in Section 10 of the Indian Contract Act of 1872. In a similar way, insurance contracts also have to meet the essential criteria mentioned in Section 10 of the Indian Contract Act of 1872, which are as follows:

Agreement

An agreement is when one party makes an offer to another party and the other party accepts that offer unconditionally, which forms the basis of consideration for each other.

Agreement= offer+acceptance+consideration 

In an insurance contract, when an offeror makes an offer to the insurer that he desires to take an insurance policy from the insurer and is ready to pay the premium, the insurer accepts that offer, and the acceptance of the offer is communicated to the offeror. The insurance agreement is then formed between the parties.

Lawful consideration

Section 2(d) of the ICA defines consideration. In an insurance contract, the insured pays consideration to the insurer in the form of a premium for the insurance, and the insurer pays consideration by indemnifying the insured. So from this, it can be concluded that the consideration should come from each contracting party; though the form may be different. 

Free consent

Section 13 of the ICA defines consent as when two or more persons agree upon the same thing in the same sense, then it is said that they have consented. Consent is said to be free consent when it is not caused by coercion, fraud, mistake, or misrepresentation.

Competency of the parties

Section 11 of the ICA states that the parties who have attained majority, i.e., 18 years, the person of sound mind who can understand the consequences of entering into a contract, and the person who is not disqualified by any law to enter into a contract, are said to be competent persons to enter into a contract.

Lawful object

An agreement whose object is unlawful is void. Section 23 of the ICA states that an object is lawful unless: 

  1. The law prohibits it;
  2. It is fraudulent;
  3. Invalidates any other law;
  4. Causes injury to a person or property; or
  5. It is contrary to public policy or is considered immoral.

The insurance contract should be for lawful objects and not for unlawful objects. Let us understand this with an example: a person taking life insurance for himself or his family members is lawful. Still, if he takes the life insurance policy for an unknown person, then it will be invalid and the insurance contract will be void as it will amount to gambling. Similarly, insurance on the stolen property would also be void.

Principles of insurance contracts

The following are the fundamental principles of an insurance contract:

Principle of Insurable Interest

The individual must have an insurable interest in the subject matter on which insurance is taken.  In other words, the individual must have a monetary gain from the subject matter or suffer a loss if the subject matter is damaged or destroyed.

Illustration: A father can purchase health insurance for his son because the father will suffer a loss if his son gets sick.

Principle of utmost good faith

The parties to the insurance contract must act in good faith with each other, and the parties must not hide any facts that are related to the insurance policy. The insured must disclose each fact that affects the risk of the policy to the insurer, and the insurer must also explain the terms and conditions of the insurance policy clearly to the insured.

Illustration: Rahul purchased health insurance. But while taking the insurance policy, he didn’t disclose that he was a habitual drinker, and later on, he got cancer. The insurance company will not be liable to indemnify Rahul as Rahul didn’t act in good faith, and the policy can also be cancelled. 

Principle of indemnity

The main purpose of the principle of indemnity is to put the insured in the same financial position as before the loss occurred. The insurer is liable to pay the amount of loss suffered by the insured and not more than that because the purpose of insurance is not to make a profit but only to compensate for the loss that occurred. This principle does not apply to life insurance contracts, as it is believed that a person’s life cannot be valued.

Illustration: Rahul purchased an insurance policy that covers accidental damage to his car up to Rs. 1,00,000, and later on he met with an accident and his car was damaged. The expense for repairing his car is Rs. 60,000; the insurance company will be liable to pay only Rs. 60,000 and not Rs. 1,00,000.

Principle of proximate cause

Proximate cause is also known as the “Principle of Causa Proxima,” which means the nearest cause. This principle will apply only if the loss is caused by more than one reason. The insured will be liable to indemnify the insured only if the nearest cause of the loss is insured.

Illustration: A ship was first punctured by rats, due to which sea water entered the ship and the ship was damaged. In this case, the ship was damaged for two reasons: firstly, rats punctured the ship, and secondly, seawater entered the ship. In the insurance policy, risk due to seawater was covered, and not for the first reason that the insurance company will be liable to indemnify the insured as seawater is the nearest cause of the ship’s damage.

Principle of subrogation

The term subrogation means substituting one person in place of another for obtaining rights, claims, remedies, and securities.

This principle is applicable if the loss is caused by a third party.

In an insurance contract, if the insured incurs loss on the insured property due to a mistake of the third party, then the insurer, after compensating the insured for the loss incurred by him, gets the right to recover the loss from the third party.

The principle of subrogation doesn’t apply in the case of a life insurance contract. 

Illustration: Rahul’s goods were carried from Mumbai to Delhi by XYZ transport services, but due to the negligence of the driver, the goods got damaged and incurred a loss of Rs. 5,000. The insurance company pays Rs. 5,000 to Rahul. The insurance company can collect Rs. 5,000 from XYZ transport services.

Principle of loss minimization

The insured must take all necessary steps to minimise the loss of the insured subject matter when it occurs. The insured must take all precautions to avoid the loss, even after the subject matter is insured. This principle doesn’t allow the insured to be negligent about the insured subject matter.

Illustration: Rahul has an insurance policy on his car that also covers fire damage. Later on, his car caught fire. At that time, Rahul cannot sit idle and see his car burning; he must take the necessary steps to stop the fire.

Principle of contribution

There is a corollary relationship between the principle of contribution and indemnity. This principle applies when the insured has taken out more than one insurance policy on the same subject matter from different insurers. According to this principle, the insured can claim compensation only for the extent of the loss incurred, either from all the insurers or any one insurer.

In the event that the insured claims full compensation from one insurer and that insurer pays full compensation to the insured, then that insurer can claim proportionate claims from other insurers.

Illustration: Rahul has a car worth Rs. 3,00,000. He took insurance from Company ABC worth Rs. 3,00,000 and from Company XYZ worth Rs. 50,000.

Illustration 2: Rahul incurred a loss of Rs. 3,00,000 on the car. Rahul can claim Rs. 3,00,000 from ABC, but after that, he can’t make a profit by claiming compensation from Company XYZ. Now Company ABC can make a claim from Company XYZ for proportional loss claim value.

Process of settlement of insurance claim

arbitration

The general procedure for the settlement of an insurance claim with an insurance company is as follows:

  1. File a claim with your insurance company as soon as the loss occurs or within the permissible time prescribed in the insurance policy.
  2. The insurance company, after receiving your claim, may appoint a surveyor to do an investigation and determine the loss or damage that occurred to the insured property and the reason for the loss. the surveyor shall be appointed within 72 hours of receipt of the information.
  3. An insured must provide complete information to the surveyor; non-cooperation may lead to a delay in the evaluation of a claim
  4. After evaluating the claim, the surveyor has to submit a survey report to the insurer.
  5. Upon receiving the survey report, if the insurance company accepts the claim, then the insurance company has to make an offer of settlement of the claim within 30 days of the receipt of the survey report to the insured, and if the insurance company rejects the claim, then they should inform the insured within 30 days of the receipt of the survey report.
  6. If the insured accepts the offer of settlement, then the insurer shall reimburse the accepted amount within 7 days of receipt of the acceptance of the offer. 

Reasons for rejection of insurance claim

The following are the main reasons for the rejection of the insurance claim:

Inadequate disclosure 

It is the responsibility of the policyholder to provide accurate and correct information to the insurer about the insured property or individual. One of the important principles of an insurance contract is the utmost good faith. Where an insured believes that the insurer will indemnify him in time of need, whereas the insurer believes that all the information provided by the insured is true and correct. If the insurer finds that the insured withheld or misrepresented material information, he may reject the claim that the insured generally doesn’t disclose material information to reduce the premium. The lack of information includes the non-disclosure of past medical conditions, previous accidents, or other relevant information.

Delay in filing an insurance claim

Unless the insured files the claim within the time limit specified in the insurance contract, the insurer may reject the claim. A time limit is set to file the insurance claim so that the insurer can properly investigate the cause of the loss and come to an accurate conclusion about the loss. In Om Prakash vs. Reliance General Insurance (2017), the Supreme Court held that if there is reasonable ground for the delay in filing the claim, then the delay can be excused.

Delay in paying a premium

One of the most common reasons for rejecting an insurance claim is a delay in paying the premium. The insurer indemnifies the insured only for the active policy. Imagine that the insured filed the claim when the policy was inactive due to non-payment. In that case, an insurer may reject the claim because the contract between the insurer and the insured was not in force at the time of the claim and coverage was not provided during that period. If you fail to pay the premium on the due date or within the grace period provided, the insurer may consider your policy lapsed or inactive.

Pre-existing condition

This is mostly applicable in cases of health or medical insurance. According to this rule, a person must inform the insurer of any pre-existing medical condition that he may be suffering from. Concealment of such information may lead to the termination of the insurance, and it would also amount to fraud.

Concealment of information

This is one of the most common grounds for rejecting claims. A person who’s insuring himself or something else must give all the information about such a thing or person to the insurance company and should not conceal anything from them. Concealment or hiding of information may lead to the rejection of the claim. In the case of Benarasi Debi vs. New India Assurance Co. Ltd. (1959), the Patna High Court held thatmisstatement or suppression of material facts is in a sense necessary in order to deprive him of the benefit that accrues in his favour under the contract.”

Conclusion

It is important to carefully understand your insurance contract to ensure proper coverage and avoid rejection of a claim. Taking time to review the insurance contract helps you make smart choices and safeguard your assets. Since these are standardised contracts, these policies are commonly non-negotiable and people have a vast array of policies and insurance providers to choose from that best suit their needs.

References


Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:

https://t.me/lawyerscommunity

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.

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Impact of AI on school students and their education

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This article has been written by Chaithra Raghavendra, pursuing a Training program on Using AI for Business Growth at LawSikho, and has been edited by Shashwat Kaushik.

It has been published by Rachit Garg.

Introduction

While parents are still searching and studying how much screen time they should allow their children, AI tools have emerged in the field of education, resulting in its drastic alteration and changing the views of the future. All great changes are preceded by chaos. The AI tool in education was one such change that emerged because of the pandemic. Due to the pandemic, all the schools went into remote operation. Initially, this change to a remote environment was difficult not only for students but also for parents, teachers, and educational institutions. As time passed, people could adapt to this remote environment. Even today, most of the students want to go back to remote schools. I think that is the reason Nicholas Sparks said, “The first time you fall in love, it changes you forever, and no matter how hard you try, that feeling just never goes away.” Gone are the days when kids say, “My teacher, dad, mom, grandpa, or grandma taught me.” Now they say AI taught me.

AI is the development of computer programmes that are able to do tasks and solve problems given to them that usually require human intelligence. We, humans, have programmed technology to solve problems on our behalf and save some Kilobytes and Gigabytes of space in our brains, naming it AI (Artificial Intelligence). 

Though AI has brought a revolution to the educational system, the decision to use AI tools in education depends on several factors, and there are challenges associated with it too. We have to consider all the possibilities carefully.

Fun fact: This fall, Harvard University will start using an AI professor to teach the popular intro level coding course CS50.

Importance of using AI in learning

AI tools have significantly improved the learning experience of students by providing the following benefits:

  1. Personalised education- AI analyses the students’ learning style, level of knowledge, and speed of learning, identifies weaknesses and interests, sets smaller goals, and helps them step by step to achieve their final goal. AI identifies their weaknesses and helps them convert them into strengths. As students achieve smaller goals, dopamine is built, and due to this, they will become constant learners.
  2. Intelligent tutoring system- By providing customised support and feedback, AI helps students understand how well they know the concepts and what steps have to be taken to master them. It helps them become independent learners.
  3. Enhanced accessibility- AI has made it more accessible to students with special needs and language barriers. For example, text to speech and speech-to-text technology can help students with visual or hearing impairments. It has helped students learn in the comfort of their homes at top colleges and schools. 
  4. Engaging and interactive- AI tools such as “ChatGPT” have made learning engaging and interactive. AI gives immediate feedback, which has made students interested and motivated.
  5. Effective teaching- An AI tool can adjust the curriculum based on the class and student’s abilities, which ensures effective teaching methods. 
  6. No additional efforts- As AI tools are being used to plan students’ lessons and curriculum, it can be improved by detailed pictures of course updates and learning materials to be reviewed. Due to this, teachers need not make additional efforts to search for updates and learning materials
  7. Identify and bridge gaps- If any student has not understood or missed any topic, AI tools can identify and inform teachers that there is a gap and a bridge has to be built by teaching this topic.
  8. Automation of tedious tasks- AI tools can automate tedious tasks such as preparing questions for class tests, making progress reports, organising materials for lectures, etc. These tasks require much work and are time-consuming if they have to be done manually. Once these tasks are automated, teachers will be able to spend more quality time with each student.
  9. Easy to learn- AI tools can recognise a big and tough topic and divide it into smaller topics, prepare study materials, and create tests and exercises for those smaller topics. This will help students  understand better, and teachers can track the student’s development and help if they are stuck somewhere. 
  10. 24/7 learning- The students look for extra help during their study time after class hours. The study time for students always varies, as some study in the evening, some study late at night, some study early in the morning, or some study only during exams and tests. AI tools can support students 24/7 by answering their queries. Students did not wait for their teacher’s to respond.

Limitations of using AI in learning

Let’s not forget that nothing comes easy, and challenges make life interesting. There are few challenges to implementing AI tools in educational systems

  1. Lack of trained teachers- This is one of the biggest challenges. Most of the teachers are not familiar with AI tools, and some do not have the skills and training to use them effectively; hence, they are unable to integrate this technology into their teaching. 
  2. No resources to purchase- This is related to the cost of AI tools and applications. Many schools do not have the resources to purchase and maintain the technology needed to incorporate AI into the classroom. 
  3. Data privacy and security- AI tools use a large amount of data about each individual; hence, all the information about students has to be collected and stored. So there is a concern for data privacy and security. In this world of technology, anyone can misuse the data.
  4. Impact on social and emotional development- Humans are social beings; AI tools might lead to over-reliance on technology and reduce human interaction, which in turn  might lead to anxiety and depression.

Overcoming limitations

Overcoming challenges makes life meaningful. A few steps that schools and educational systems can take to overcome challenges are:

  • Training about AI tools- Teachers should be given adequate training in AI tools and be supported to integrate AI technology. Schools should provide professional development opportunities to teachers who are skilled in AI tools and are implementing their skills in an effective way to teach the students. 
  • External funding- Schools may have to seek external funding or partnerships to purchase and maintain the technology of AI tools and incorporate AI into the classroom.
  • Safeguarding data privacy and security- Educational systems and schools have to ensure that they have taken all the correct steps to protect students’ data and maintain the privacy and security of the data. Steps such as creating a strong password, regular backing up of data, ensuring devices are protected, installing Anti-Viruses, etc. 

Current status of AI in the educational sector

AI is currently being used in various ways in the educational sector; for example, Chatbots provide 24/7 assistance to students and adapt their personalised learning algorithms according to their needs. It is also being used in automating administrative tasks, from giving grades to making question papers. It is also used to process and analyse vast amounts of data to create or implement new strategies for education. 

Examples of some successful AI-powered learning tools:

  1. Duolingo: It is an AI-powered language learning app.
  2. ALEKS: It is an AI-powered mathematical problem solving app.
  3. Coursera: It is an AI-powered programme that helps students discover courses according to their interests.

Potential of AI in educational sector

Only AI has the potential to change our thinking processes related to the educational sector and the ability to revolutionise it. AI powered learning technologies are enhancing students’ learning experiences in ways never thought possible before, from providing personalised algorithms for learning to virtual and Augmented reality learning. AI has the power to change the world, and of course, the youth are the face of the future.

The most significant feature of AI learning is that it provides a personalised learning experience, which means that every student can modify the learning algorithms at their ease. And it also helps the educators learn about the preferences of a student and his strengths and weaknesses through the data generated. Apps like ‘ChatGPT’ analyse vast amounts of data and give the desired result within minutes, which saves a lot of time that goes into researching. It also assists the researchers and writers in writing or providing feedback and suggestions.

However, it must be kept in mind that AI is, after all, a human created entity, and its capabilities must work in conjunction with human intelligence. Apps like ‘ChatGPT’ can only provide us with some support. The final decision and responsibility for the results still lie with the researchers. And humans must be very careful while using AI because it can also prove to be a bane.

Conclusion

All we can say is thanks to AI tools, as they are getting more effective with the passing of time and are here to stay for the long run. AI is our reality, and we should accept and cope with it. It will be our responsibility to use it carefully to obtain its maximum benefits. We have to always remember that AI tools do not need to be an all or nothing solution. The need is to carefully study and analyse the pros and cons, then use them effectively. 

A teacher’s presence is vital in any student’s life; as the Japanese proverb states, “Better than a thousand days in diligent study, is one day with a great teacher”. Teachers cannot be replaced, as they are the only people who not only tell the students the way for the journey of self-development through education but also show and involve themselves along with the students. AI tools will change the way teachers do their jobs and make them superheroes. 

Al will provide a wide range of technology usage in education by creating engaging tools, tracking growth, tutoring, etc., and this will raise the quality of the educational process. Education systems focus on the quality of teaching and human interaction. So AI tools, education systems, and teachers have to collaborate, start working as a team, and invest in the best attributes of machines and teachers. This collaboration will bring out the best in the students. AI tools can help with repetitive and time-consuming tasks, and teachers and education systems can focus on creative and complex tasks with human interaction. The best part of this collaboration is that students will be able to learn from both education systems and get the best of both realms.  

Let us not forget that today’s students will be our future AI professionals, and it’s important that students are exposed to AI tools. In the future, they may be known as the AI generation and might end up creating AI tools with creative and complex solving capabilities, which will take the technology to another level. Like always, things that seem impossible today might be possible in the future. This is just the seed of the unknown future that is planted, and we have to wait and watch what it will grow into.

References


Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:

https://t.me/lawyerscommunity

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.

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Legal challenges to expungement

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This article is written by Vidita Saini, pursuing Diploma in International Contract Negotiation, Drafting and Enforcement at LawSikho. This article discusses the various aspects of expungement which is the process of erasing or sealing a criminal record from the public and the legal challenges involving the same.

It has been published by Rachit Garg.

Introduction

“Liberty is one of the most essential requirements of the modern man. It is said to be the delicate fruit of a mature civilization. It is the very quintessence of civilized existence and essential requirement of a modern man”

                                                                     -John E.E.D. in “Essays on Freedom and Power

The legal process of erasing or sealing a criminal record from public access is termed as ‘Expungement.’ This ability to avoid or erase a criminal conviction is useful assistance provided through legal means in order to give convicted persons a second chance to start their life afresh. However, expungement is not a panacea for all the challenges faced by individuals with criminal histories. They still have to face discrimination in society. How expungement helps to mitigate this problem is discussed in the article. Further, the article presents a brief overview of the process of expungement and the associated legal challenges, followed by its benefits and drawbacks.

Historical background of expungement

The concept of expungement was introduced in the early 20th century in the United States. In 1905, Illinois became the first state to bring in legislation on expungement in the case of juvenile delinquency. Thereafter, California in 1955 and New York in 1965 joined with the common goal of giving opportunity to juvenile delinquents to rebuild their lives.

The concept of expungement gained momentum in the 1970s as part of the broader criminal justice reform movement. Those in favour of expungement argued that it would help those convicted of minor offences and wants to participate in society without any social stigma attached. However, the process of expungement remained complex. By the end of the 20th century, several states enacted legislation to make the procedure more accessible. Various reliefs like sealing the record and setting aside the conviction were added.

Expungement has proven to be an important instrument for destroying the criminal record and aiding people to move ahead in life with a clean slate. At present, expungement is recognised in nations like the UK, USA, Canada, Australia, South Africa, Spain but it is still an alien concept for some countries like- Japan, South Korea. In India, we do not find per se mention of it in any of the legislation. However, the concept of plea bargaining under Sections 265A265L of the Criminal Procedure Code, 1973 can be said to be a form of expungement, upon a wide interpretation of the term.

Process of expungement : a brief overview

The process of expungement, in general, begins with filing a petition in court to get the criminal record erased. To be eligible for the procedure, certain essential requirements must be fulfilled.

(a) The accused is found to be not guilty and they should not have committed some specific categories of crimes or against a specific category of people (like women or children) (this condition varies from jurisdiction to jurisdiction).

(b)   Accused is either pardoned or released without a conviction.

(c)   The offence in question must not be grave in nature.

(d)   The offender must complete his/her sentence or the period of probation.

(e)   In the case of a first-time offender, the nature of the offence is critical to decide whether the expungement should be allowed or not.

Analysis of the procedure of expungement

Criminal litigation

Getting a criminal record erased or sealed is undoubtedly an advantageous service for the convicted person. Charging premium or unnecessary premium for this service is the question of debate for a long time since there are several legal implications involved in allowing and availing of this service. It includes the issue of ethics, bribery and the integrity of the justice system. We shall discuss these points in detail.

Legal implications

(a) Charging fee for Legal Representation: In most jurisdictions, providing legal services to the client is part of the justice system and hence should not be monetised for the benefit of service providers. So anyone trying to charge a premium for the ability to avoid or erase criminal conviction will be subject to criminal prosecution. This can include disbarment or suspension of license to practice law.

(b) Bribe: To get the criminal record clear is an invaluable service for the convicted person. He/she will go to any extent to avail of this service and thus, the possibility of giving or taking bribe cannot be ruled out. Also, since bribes can be in any form, favour or kind, it will be very difficult to find out. This is why the concept of expungement in highly populated developing countries like India is not yet introduced.

(c) Corruption: It would not be difficult for influential persons to use their position to get their criminal record erased or sealed. Also, it gives scope for the criminals to commit crimes with an assurance that with the help of their powerful connections, they will easily get their criminal records erased. Such practices only corrupt public officials and put a stain on the justice system. This process has the potential to violate the provisions of The Indian Penal Code, 1860 (section 171B171I) which penalises the act of giving or accepting gratification for the exercise of personal influence.

(f) Integrity of the Justice System: The right to equality is an integral part of the rule of law. It states that every individual is equal in the eyes of law and deserves an equal treatment. Provisions like expungement have all the potential to undermine this fundamental principle by giving unfair advantage to a particular section of society. Wealthy persons can also take the undue benefit of these services and can damage the integrity of the justice system.

Advantages of expungement

Expungement gives a second chance to the convicted person to start his/her life again. There are a number of benefits one can avail of through this process.

(a)  Employment: Having a criminal record acts as a barrier in obtaining any kind of job. It is generally a condition in the job recruitment process that one should never be convicted of any criminal offence. Expungement helps to clean the criminal records of an individual.

(b)   Accommodation: Due to the criminal history attached, it gets difficult for an individual to rent a house as some landlords ask for background checks. Expungement solves this problem as well.

(c) Education: Sometimes, due to the criminal record, it can become difficult to avail educational opportunities in some institutions. Taking a financial loan for the purpose of education in such cases also turns into a complex process. Getting the criminal record erased through legal process helps to resolve this issue also.

(d)  General Rights: A person with a criminal record can be barred from exercising some rights like the right to vote, right to own firearms etc. Expungement revives such rights and allows the person to be a part of society without any social stigma attached.

(e)   Psychological Aspect: Mental peace is very important to live a normal and healthy life. Expungement provides peace of mind to the person with the feeling of satisfaction that he/she can now lead a life without the burden of past mistakes.

Disadvantages of expungement

There are numerous benefits of expungement as discussed above but it has its own drawbacks also. Some of the disadvantages of expungement can be listed as follows:

(a) Not a Uniform Process: The process of expungement varies from state to state. The eligibility criteria also depend on various factors that again, can differ from one jurisdiction to another. For instance, to decide whether the expungement should be allowed or not the offence in question matters the most. The list of such offences differs from place to place.

(b) Expensive Process: Since the process of expungement is a relatively new one, it is hard to find an attorney who is well-versed in the complex process of expungement. Thus, hiring an expert for this service can be very costly.

(c) Limited Efficacy: Government or the concerned authority can still have the criminal records with them even after the process of expungement.

(d) Public Safety: Expungement no doubt helps to move on from past mistakes but concealing the criminal records of an individual can put the public in danger also. The possibility of expungement being given to a non-deserving candidate cannot be ignored.

(e) Stigma Attached: Through the process of expungement, criminal history can be deleted from the record but it cannot be erased from the minds of people. People may still discriminate against such convicted persons.

Expungement in India

Though the concept of expungement is not formally introduced in the Indian judicial system, its practice cannot be totally denied. The instances of erasing criminal records can be traced back to ancient times. People in power and people with power used to save themselves from the punishment and the marginalized section had to pay the price in their place. The untouchability and the caste system added fuel to the fire.

When the legal system was introduced in India during colonial times, the concept of ‘Plea Bargaining’ came. Plea bargaining allowed the parties to negotiate or have mutual compromise and settle in exchange for a lesser sentence for the culprit. Even though this practice was very much prevalent, it was not formally introduced in the Indian Criminal System. Justice Malimath Committee in 2003 suggested bringing in the concept of Plea Bargaining or the Doctrine of Nolo Contendere to reduce the burden on courts. Thereafter, Chapter XXIA wholly dedicated to the idea of Plea Bargaining was added to the Criminal Procedure Code, 1973 by the Criminal Law (Amendment Act), 2005. However, misuse of this provision was observed by the Supreme Court of India and in 2018 the court held that plea bargaining in corruption cases affects the socio-economic conditions of the country and hence cannot be used. Despite these orders and checks and balances by the concerned authorities, we find newspapers filled with high-profile cases wherein either the person escapes the bars through his connections or pay hefty amount to get his criminal record cleared.

Conclusion

Expungement i.e. the legal process to get one’s criminal record erased or sealed is one of its kind services provided by the justice system of a country. One can apply to get his criminal record erased by filing a petition through legitimate means. This service has more chances of being misused than to be of benefit to society. This is why there are a number of conditions before the process of expungement can be put into action. For instance, it usually can be applied by only first time offenders and that too when the crime committed is not grave in nature. Crime against women and children does not qualify for this process. Further, it poses an ethical challenge for the justice system as well. However, having said all of this, it cannot also be denied that expungement gives a second chance to the offenders. Such opportunities are rare and have a high possibility of changing the person for the better. Charging unnecessary premiums or hefty amount for expungement from the qualifying candidate denies him/her the right to re-enter society. To solve this problem, incentives can be given for the attorneys to take up a particular number of expungement matters on a pro bono basis. Paying for the expungement process can also be added to the list of causes under community service. After all, we as a society should also strive to make our world a better place to live in and focus more on correctional measures. As Mahatma Gandhi also said-“One should hate the sin and not the sinner.”

References


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Grounds for divorce

25

This Article is written by Parshav Gandhi, a 3rd-year student, at Indore Institute of Law; and Monesh Mehndiratta, of Graphic Era Hill University, Dehradun. It explains the different grounds on which one can seek divorce. It also provides various grounds that are specifically available to a woman under the Hindu Marriage Act, 1955, on which she can seek divorce. Apart from this, it also explains irretrievable breakdown of marriage as a ground of divorce and provides recent case laws.

It has been published by Rachit Garg.

Table of Contents

Introduction

In Ancient times, the concept of divorce was not known to anyone. They considered marriage as a sacred concept. According to Manu, the husband and wife cannot be separated from each other, their marital tie cannot be broken. Later the concept of divorce came into the picture and was established as a custom to put the marriage to an end.

According to the Arthashastra, marriage can end if dissolved by mutual consent and should be unapproved marriage. But Manu does not believe in the concept of dissolution. According to Manu the only way to end the marriage is the death of one of the spouses.

The provision related to the concept of divorce was introduced by the Hindu Marriage Act, 1955. The Hindu Marriage Act defines divorce as the dissolution of the marriage. For the interest of society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law. Divorce is permitted only for a grave reason otherwise given other alternatives.

“I want a divorce.” “We want a divorce from each other.”

You might have heard this from a lot of couples around you, but have you ever wondered on what grounds a person can actually seek divorce? 

Well, today we are going to discuss the grounds for divorce under the Hindu Marriage Act,1955. Marriage is considered one of the oldest institutions and has a religious sacrament attached to it. Marriage, according to Hindu law, is one of the most important sanskaras (duties).  It is considered a ‘dharma’ (religious duty under Hindu law) by which men and women are united in wedlock to achieve the ends of life, namely, dharma, progeny, kama, and moksha

In Hinduism, a marriage is seen as an inseparable bond between husband and wife, but with the changing times, there has been the introduction of the concept of divorce, which means that on certain grounds, the parties to a marriage can seek permanent separation. The present article explains the concept of divorce and the various grounds on which parties to a marriage can seek divorce under the Hindu Marriage Act of 1955. It also provides different grounds that are specifically available to a woman seeking a divorce. It tries to analyse the changes in practices that led to the enactment of modern Hindu law on marriage. The article discusses the irretrievable breakdown of marriage as a ground of divorce and also provides the jurisdiction of the courts dealing with divorce cases.  Further, it also provides case laws to better understand the grounds for divorce. 

Changing trends in the Hindu marriages

Divorce was earlier unknown to people because marriage was considered as an indissoluble union between a husband and a wife. Manu, the great commentator of ancient India, never approved of divorce and said that only death can separate and break the relationship between a husband and a wife. 

However, some texts like Narada and Parashar have different views on this. For some, marriage is a contract and divorce means to revoke the marriage or contract but for others it is sacred and the bond must not be broken. In Hinduism, it is not a contract but a sanskara and religious sacrament is attached with it. According to Naradasmriti, a woman is allowed to leave her husband under the following conditions:

  • If the husband is lost and unheard for seven years, i.e., civil death in the modern period. 
  • The husband has renounced the world.
  • If he became impotent. 
  • If he is expelled from community or caste. 

On the other hand, many jurists like Kautilya in Arthashastra opined that if a marriage falls within unapproved forms of marriage such as asura, gandharva, rakshasa, and paisacha, it can be dissolved. 

During the 1950s, the Hindu law was codified, and the Hindu Marriage Act, 1955, was enacted to govern marriages.

Applicability of Hindu Marriage Act, 1955 

According to Section 2(1) of the Hindu Marriage Act, 1955, individuals professing the following religions are covered under the ambit of Hindus:

  • A person who is a Hindus by religion which includes Virashaiva or Lingayat or a person who is a follower of the Brahmo, Prarthana or Arya Samaj.
  • A person who is Buddhist, Sikh or Jain. 
  • A person who is domiciled in the territories where the Act is applicable. However, the Act expressly provides that it is not applicable to any person belonging to Muslim, Christian, Parsi or Jew religion. 
  • Any child irrespective of whether he/she is legitimate or illegitimate, born to parents who are Hindu, Buddhist, Jain or Sikh by religion.
  • Any child, whether legitimate or illegitimate, whose one of the parents is Hindu, Buddhist, Jain or Sikh by religion and who is brought up as a member of such religion. 
  • Any other person who converted or reconverted to Hindu, Buddhist, Jain or Sikh. 

Concept of divorce in modern times

The modern law on divorce, on the other hand, brought many changes to the way marriage was perceived. Section 13 of the Hindu Marriage Act, 1955 deals with divorce and its grounds. Divorce is no longer unknown to people, and couples can seek divorce on any of the grounds enumerated in the Act. However, the objective of the court and legislature has always been to preserve the institution of marriage, so Section 14 of the Act provides that no petition for divorce can be filed by either of the parties to a marriage within one year of their marriage. The relationship or bond between a husband and a wife, which was once considered unbreakable, has changed with time, they can now be separated by way of divorce. Moreover, the introduction of remarriage has also led to a lot of changes. 

Apart from this, the Marriage Laws (Amendment) Act, 1976, recognised divorce by mutual consent under Section 13B of the Act. This form of divorce is based on consent theory and takes a progressive approach to marriage and separation of husband and wife. It is clearly visible that there is a difference in the perspective and thought process regarding marriage in the old Hindu law and the modern law. The uncodified Hindu law did not recognise divorce at all, but modern law, on the other hand, is based on the principle that if two people are unhappy with each other and it is impossible for them to spend life together, they can be separated. 

Changes brought by the Amendment of 1976

Criminal litigation

The Amendment Act of 1976 brought the following major changes in the Act:

  • It introduced a new provision of seeking divorce on mutual consent under Section 13B of the Act.
  • Under Section 9 of the Act, the burden to prove that there exists a reasonable cause for withdrawal from the society of another spouse is on the one who withdrew.  
  • Further, under Section 10 parties can seek judicial separation on the grounds mentioned under Section 13 of the Act which means that the grounds of divorce and judicial separation are the same. 
  • It also added impotence as a ground for declaring a marriage voidable and annulled under Section 12 of the Act.
  • After the amendment of 1976, a single voluntary act of sexual intercourse with a person other than the spouse is a valid ground for divorce under Section 13 of the Act.
  • It has reduced the time period for the compliance of decree of restitution of conjugal rights to one year and if the decree is not complied with, the parties can seek divorce. 
  • It introduced bestiality as a ground of divorce specifically available to women under Section 13(2) of the Act. 
  • Further, it also gave the option of repudiating the marriage to women if solemnised before attaining the age of 15 years.

Different Theories of Divorce

Fault Theory

Under this theory, marriage can be ended when one party to the marriage is responsible or liable for the offence under matrimonial offences done against another spouse. Only the innocent spouse can seek this remedy. The only drawback of this theory is when both the spouse are at fault, then no one can seek these remedy of divorce.

Mutual Consent

Under this theory, the marriage can be dissolved by mutual consent. If both the spouse mutually gives their consents to end the marriage, they can take the divorce. But many philosophers criticise this theory as this concept is immoral and leads to hasty divorce.

Irretrievable Breakdown

According to this theory, the dissolution of marriage happens due to failure of the matrimonial relationship. The divorce can be taken by the spouse as a last resort i.e. when both of them are not able to live together again.

Divorce under Hindu Marriage Act, 1955

In the Hindu Marriage Act, there are some provisions given regarding a valid divorce, i.e. when the spouse can get a divorce or appeal for dissolution of marriage in a court of law. For the interest of society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law. Divorce is permitted only for a grave reason otherwise given other alternatives.

The Hindu Marriage Act is based on the fault theory in which any one of the aggrieved spouses (Section 13(1)) can approach the court of law and seek the remedy of divorce. Section 13(2) provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce.

Grounds of Divorce as per The Hindu Marriage Act

Section 13(1) provides grounds on which divorce can be sought by either of the partners in a marriage. After the amendment of 1976, grounds for divorce specified under Section 13 of the Act and judicial separation under Section 10 are similar. The parties also have the option of judicial separation instead of divorce, where they can rethink their decision. The objective is to save the sacred institution of marriage and make efforts for reconciliation. In the case of Ishwar Singh v. Smt. Hukam Kaur (1965), the Allahabad High Court held that if the husband permitted his wife to marry someone else of her choice because of his ill health, it does not amount to divorce because no such petition or application had been filed in the court and so the second marriage solemnised is illegal as the first marriage still subsists. It was also observed that a marriage subsists until a decree of divorce has been passed by the court. 

Further, in the case of Niru Sarmah v. Jatin Chandra Sarmah (2014), the Gauhati High Court observed that if a marriage is broken to the extent that it is irretrievable and there are no possibilities that the bond can be recovered and the marriage can be saved in near future, decree of divorce can be passed by the court.

Adultery

The concept of Adultery may not be considered as an offence in many countries. But as per the Hindu Marriage Act, in the matrimonial offence, the adultery is considered as one of the most important ground for seeking divorce. Adultery means the consensual and voluntary intercourse between a married person with another person, married or unmarried, of the opposite sex. Even the intercourse between the husband and his second wife i.e. if their marriage is considered under bigamy, the person is liable for the Adultery.  

The concept of Adultery was inserted under the Hindu Marriage Act by the Marriage Laws Amendment Act, 1976.

In Swapna Ghose v. Sadanand Ghose

In this case, the wife found her husband with other girl lying on the same bed and the neighbour also confirmed that the husband has committed an offence. Here the wife gets the divorce.

In Sachindranath Chatterjee vs Sm. Nilima Chatterjee

In this case, the petitioner and the defendant were married. After marriage, the husband leaves the wife in his home town so that she can complete her studies and go to another city for work. He visited twice or thrice a month to meet her. Later he found that his wife commits the adultery i.e. to involve in sexual intercourse with his own nephew, watchman etc. The plaintiff approaches the court to demand divorce on the ground of adultery and his petition was accepted and the marriage gets dissolved.

Prior to the 1976 amendment, in order to seek divorce on the ground of adultery, a person had to prove that, on the date of the petition, his/her spouse was living in an adulterous relationship. However, after the amendment, even a single voluntary sexual intercourse with a person other than the spouse is a valid ground for divorce. It is given under Section 13(1)(i) of the Act. The burden to prove that the spouse committed the offence of adultery is on the person who made such allegations, and the standard of proof is by preponderance of probabilities and not proof beyond reasonable doubt. 

It is correct that there can be no direct evidence to prove the act of adultery, so circumstantial evidence plays an important role. The Madhya Pradesh High Court in the case of Samuel Bahadur Singh v. Smt. Roshini Singh (1960), rightly pointed out that in India, if a male and female are living together under the same roof without any connections or relations, it is not considered normal, and so adultery can be inferred from the following circumstances:

  • A male and female lived together in the same house for a long time. 
  • They are not related to each other by way of marriage or any other relationship. 
  • They refused to return to their spouse. 
  • Both the parties cannot deny adultery because of circumstantial evidence. 
  • They had the opportunity to commit adultery. 

In the case of Chetan Dass v. Kamla Devi (2001), appellant and respondent were married to each other according to Hindu ceremonies. After marriage, the appellant had an extramarital affair with one of the nurses in the hospital where he was working, and so his wife left him. He appealed, claiming that the allegations made by the respondent and her act of deserting him without any reasonable cause amount to mental torture. The Hon’ble Supreme Court observed that a man cannot take advantage of his own wrong. However, the decree for divorce was not passed because the wife, or respondent in this case, was ready to continue her marriage and live with him only on the condition that he must leave the other woman and end his adulterous relationship. 

It must be noted that adultery as an offence has been decriminalised by the Hon’ble Supreme Court in the case of Joseph Shine v. Union of India (2018). However, it is still a ground of divorce under the Hindu Marriage Act, 1955, which means that if a person commits adultery, he/she would not be punished but the spouse can seek divorce.

Essentials of Adultery

  1. One of the spouses involved in the intercourse with another person, married or unmarried, of the opposite sex.
  2. Intercourse should be voluntary and consensual.
  3. At the time of the act, the marriage was subsisting.
  4. There must be sufficient circumstantial evidence to prove the liability of another spouse.

Cruelty

The concept of cruelty includes mental as well as physical cruelty. The physical cruelty means when one spouse beats or causes any bodily injury to the other spouse. But the concept of mental cruelty was added as the spouse can also be mentally tortured by the other spouse. Mental Cruelty is lack of kindness which adversely affects the health of the person. Well it is easy to determine the nature of physical cruelty but difficult to say about mental cruelty

  1. What is considered as Mental Cruelty against Husband by wife:
  2. Humiliating the husband in front of his family and friends.
  3. Undertaking the termination of pregnancy without husband consent.
  4. Making false allegation against him.
  5. Denial for Martial Physical Relationship without a valid reason.
  6. Wife having affair.
  7. Wife living an immoral life.
  8. The constant demand for money.
  9. Aggressive and uncontrollable behaviour of Wife.
  10. Ill-treatment to the husband parents and family.

In Balram Prajapati vs Susheela Bai

In this case, the petitioner filed the divorce petition against his wife on the ground of mental cruelty. He proved that his wife that behaviour with him and his parents was Aggressive and uncontrollable and many times she filed the false complaint against her husband. The court accepts the petition and grants the divorce on the ground of cruelty.

What considered as Mental Cruelty against wife by Husband

  1. False accusation of adultery.
  2. The demand for dowry.
  3. Impotency of Husband.
  4. Force to abort the child.
  5. The problem of drunkenness of husband.
  6. Husband having affairs.
  7. The husband lives an immoral life.
  8. Aggressive and uncontrollable behaviour of the husband.

Humiliating the wife in front of family and friends

Desertion

Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and without his consent. In General, the rejection of the obligations of marriage by one party.  

Before the 1976 Amendment, desertion was only a ground for judicial separation and not divorce. But now, desertion of any of the spouses by the other for a continuous period of two years immediately before filing the petition is a valid ground to seek divorce as well as judicial separation. Desertion as the ground of divorce is mentioned under Section 13(1)(i)(ib) of the Act. In the case of Malathi Ravi v. B.V. Ravi (2014), the Supreme Court held that if there is no evidence to prove that the wife had an intention to end the marriage or whether she deserted her husband, then the court will not pass a decree of divorce. This means that the intention to end marriage is one of the essentials of desertion, i.e., animus deserendi must exist. Also, if there was no desertion for a continuous period of two years immediately before the presentation of the petition or if the party assumed it, no divorce can be granted. 

In the case of Ranjeet Kaur v. Surendra Singh Gill (2012), the Madhya Pradesh High Court gave the meaning of desertion as the intention of parties to permanently abandon the spouse without their consent and reasonable cause, which means that for the ground of desertion, the fact of separation and animus deserendi must co-exist. In the present case, the wife denied the allegations of cruelty and desertion made by her husband and requested that the court dismiss his petition. In the case of Om Wati v. Kishan Chand (1983), the Delhi High Court opined that desertion does not mean withdrawal but is a state of things. It is a question of fact. In the case of J. Shyamala v. P. Sundar Kumar (1990), the Madras High Court held that if a wife starts living with her parents rather than her husband because he made false allegations against her regarding her character and unchastity, it would not amount to desertion. It must be noted that the desertion of a spouse must be without reasonable cause. The burden of proof, in this case, lies on the petitioner, and it must be proved that the said desertion occurred without any sufficient and probable cause and did last for two years. 

Essentials

  1. Permanent abandonment of the other spouse.
  2. Rejection of the obligation of marriage.
  3. Without any reasonable justification.
  4. No consent of another spouse.

In Bipin Chander Jaisinghbhai Shah vs Prabhawati

In this case, the respondent leaves the house with the intention to abandon his wife. Later the wife approaches the court, but the defendant proved that even though he left the house with the intention to desert, but he tried to come back and he was prevented from doing so by the petitioner. Here, the defendant cannot be held liable for desertion.  

Conversion

If one of the spouses converts his religion to any other religion without the consent of the other spouse, then the other spouse can approach the court and seek the remedy of divorce.

Illustration

A, a Hindu has a wife B and two children. One day A went to church and converted to Christianity without the consent of B, here B can approach the court and seek for divorce on the ground of conversion.

In Suresh Babu vs Leela

In this case, the husband converts himself into Muslim and marries another woman. Here the wife Leela filed a case and demanded the divorce on the ground of conversion without her consent and cruelty.

Unsoundness of mind

Insanity means when the person is of unsound mind. Insanity as a ground of divorce has the following two requirements-

  1. The respondent has been incurably of unsound mind.
  2. The respondent has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

In Vinita Saxena vs Pankaj Pandit

In this case, the petitioner filed a case to get the divorce from the respondent on the ground that the respondent was suffering from Paranoid Schizophrenia which means mental disorder. She came to know these after her marriage. Here, the court grants the divorce on the ground of insanity of husband.

If one of the parties, i.e., either husband or wife, is of unsound mind, then it is a valid ground for divorce. It is given under Section 13(1)(iii) of the Act. The unsoundness may be continuous or intermittent and incurable to the extent that it is not possible for the petitioner to continue married life with the respondent. This was also mentioned in the Amendment Act of 1976. In the case of Smt. Alka v. Abhinesh Chandra Sharma (1991), the Madhya Pradesh High Court found that the wife was suffering from schizophrenia because she was cold and frigid on the first night of marriage and could not cooperate with the husband. Also, she was not able to handle domestic appliances, so the husband was entitled to nullity of marriage in this case. It was also observed that the facts pertaining to the mental illness of the wife and her medical treatment were not disclosed to either the husband or his mother and grandmother, who negotiated the marriage on his behalf. The counsel representing the wife also argued that breaking the marriage just after 19 days of marriage would bring upon her great tragedy. However, the appeal made by the wife was dismissed. 

In the case of Suvarnalata v. Mohan Anandrao Deshmukh and Anr. (2010), husband filed for divorce on the ground that his wife was suffering from schizophrenia, but the Supreme Court did not accept and agree with the allegations made by the husband that his wife was suffering from mental disorder and desisted itself from giving any observations in this regard because of the effect that it would have on the minor child. Further, the Calcutta High Court in the case of Pramatha Kumar Maity v. Ashima Maity (1991) held that in order to obtain a decree for divorce on the ground of unsoundness of mind, it must be proved that unsoundness exists to the extent that it is impossible for the petitioner to cohabit and live with the respondent.

Leprosy

Leprosy is an infectious disease of the skin, mucous membranes, nervous system etc. this disease is transmitted from one person to another. Thus it is considered as the valid ground for divorce.

In Swarajya Lakshmi vs G. G. Padma Rao, the husband filed the case for granting the divorce on the ground of leprosy. He claimed that his wife is suffering from incurable leprosy with the expert’s reports. Here he succeeds in getting the divorce on the ground of leprosy.

In the case of Mr. ‘X’ v. Hospital ‘Z’ (1998), a marriage was called off as the appellant was found out to be HIV+ which is a venereal disease. Further, in the case of P. Ravi Kumar v. Malarvizhi @ S. Kokila (2013), husband filed for divorce on the ground that the wife is suffering from HIV, which is a communicable sexually transmitted disease. The wife, on the other hand, argued that she is afflicted by the disease only through her husband. The medical reports proved that the husband was not suffering from HIV. On the basis of facts and circumstances, the husband was entitled to the decree of divorce.

Venereal Disease

Under this concept, if the disease is in communicable form and it can be transmitted to the other spouse, then this can be considered as the valid ground for divorce.

Illustration

A and B married on 9 September 2011. Later A suffered from a venereal disease and it is incurable. There’s also a chance that B can also get infected by that disease if she lives with A. Here, B can approach the court for the dissolution of the marriage   

Renunciation

It means when one of the spouses decides to renunciate the world and walk on the path of the God, then the other spouse can approach the court and demand the divorce. In this concept the party who renunciates the world is considered as civilly dead. It is a typical Hindu practice and is considered as a valid ground for divorce.

Illustration

A and B got married and lives a happy life. One day A decides to renunciate the world. Here, B has a right to approach the court and seek the remedy of divorce.

Presumption of Death

In this case, the person is presumed to have died, if the family or the friends of that person does not hear any news about the person alive or dead for seven years. It is considered as the valid ground for divorce, but the burden of proof is on the person who demands the divorce.

In the case of LIC of India v. Anuradha (2004), the Supreme Court held that the death of a person can be presumed only after the lapse of seven years. However, it does not include the time of death. In the case of Prakash Chander v. Parmeshwari (1987), a woman was asked to enter into a karewa marriage with her brother-in-law for the procreation of children because her husband became a lunatic and was discharged from the Army. He was not heard of after his discharge and was presumed to be dead. The customs of karewa marriage allowed a second marriage if the spouse was not heard of for 2-3 years, which means that they presumed the death of the spouse within this period. However, when she was ill-treated by her brother-in-law and thrown out of the house, she filed for divorce, but all the allegations were denied by the opposite party. The court in this case observed that such a custom is not judicially recognised and that the karewa marriage between the woman and her brother-in-law does not itself dissolve the first marriage between her and her husband.

Illustration

A was missing from the last seven years and his wife B does not get any news about him of being alive or dead. Here B can approach the court and ask for the divorce.

Concept of Divorce with Mutual Consent

As per Section 13B, the person can file the petition for divorce by mutual consent of both the parties. If the parties want to dissolve their marriage as a mutual consent are required to wait for one year from date of marriage. They have to show that they are living separately for one or more year and not able to live with one another.

There was no provision related to divorce by mutual consent till 1976. It was in the 1976 Amendment that the provisions for divorce by mutual consent was added. It is given under Section 13B of the Act and is retrospective in nature, which means that it is applicable to marriages solemnised before the commencement of the 1976 Amendment Act. According to the Section, both the parties can jointly file a petition for divorce by mutual consent on the grounds that they have been living separately for a year or more and cannot live together and resume their married life. They must also provide that they both have mutually decided to end their married life. 

The Section also provides that when the petition has been filed, parties would have to wait for six months, after which they can bring the motion again in the court for dissolution of marriage. If the parties do not come to court after six months and within eighteen months from the date the petition was filed, it would be presumed that they have withdrawn the petition. If the petition is not withdrawn, the court would hear the parties and after necessary inquiry presume that the averments made are true and pass a decree of divorce. 

Essentials

The ingredients, or essential conditions, to seek divorce by mutual consent are:

  • The petition must be filed jointly by the husband and wife. 
  • They must be living separately for a year or more. 
  • They have mutually agreed to bring their married life to an end. 
  • There is no possibility of resuming married life. 

In the case of Laxmibai Ward v. Pramod (2009), the wife challenged the decree of divorce by mutual consent on the ground that her signatures were obtained falsely and there was no separation for a year or more. The Bombay High Court held that subordinate courts, before passing a decree of divorce by mutual consent, must be satisfied of the fact that the consent was not obtained by force, coercion, undue influence, or fraud.

Further, in the case of Rajesh R. Nair v. Meera Babu (2014), the Kerala High Court observed that parties can withdraw the application for divorce by mutual consent even at the stage of enquiry and if any of them withdraws their consent, then the court is not entitled to pass the decree. The court in the case of Anil Kumar Jain v. Maya Jain (2009) held that the consent to mutually dissolve the marriage must subsist till the second stage, where the petition comes before the court. With respect to the waiting period of six months, the Court in the case of Anjana Kishore v. Puneet Kishore (2001) observed that in exceptional circumstances it can be waived. Further, in the case of Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the period mentioned under Section 13B(2) is not mandatory but directory.

Failure to obey decree of restitution of conjugal rights

Another ground of divorce is the failure of the parties to a marriage to comply with the decree of restitution of conjugal rights. If such a decree has been passed by the court but the husband and wife failed to comply with it within one year from the date the decree was passed then they can seek divorce. This is given under Section 13(1A)(ii) of the Act. 

Section 9 of the Act deals with the restitution of conjugal rights. Conjugal rights in a marriage are a matrimonial rights that husband and wife share in society, comfort, and affection and are made available to them by each other. Where either a husband or wife has withdrawn from the society of another without any reasonable cause and the court is satisfied of the same, it can pass a decree for the restitution of conjugal rights. 

In the case of A.V. Janardhana Rao v. M. Aruna Kumari (2000), a petition was filed by the husband seeking divorce on the ground that there was no cohabitation between him and his wife within one year from the date the decree of restitution of conjugal rights was passed and that they are not willing to resume their married life with each other. The court held that due to non-compliance with the decree, the husband was entitled to a decree of divorce. 

Grounds of divorce specifically available to wife

The Act also provides certain grounds of divorce to women, i.e., wives, on which they can seek divorce. These are given under Section 13(2) of the Act and are as follows:

  • Bigamy by husband;
  • Act of rape, sodomy, bestiality committed by husband;
  • No cohabitation between husband and wife for one year or more after the decree for maintenance has been passed; 
  • If the marriage was solemnised before attaining the age of 15 years, the wife can repudiate the marriage. 

Bigamy

A wife can seek divorce if the husband has committed the offence of bigamy according to Section 13(2)(i) of the Act. Section 17 of the Act further punishes bigamy. The conditions for the offence are:

  • Marriage is solemnized after the commencement or enforcement of the Act. 
  • The party has a spouse living on the date of second marriage. 

In the case of Lily Thomas v. Union of India (2000), the wife filed a complaint against the husband, claiming  that he converted to another religion and married another woman of that religion, even though the first marriage is still subsisting. The court held that even though he converted to another religion, he had not divorced his first wife. He would be liable for the offence of bigamy, and his second marriage would be void. The Supreme Court also observed that religion is not a commodity and must not be exploited for worldly gain or benefits.

Rape, sodomy or bestiality

If the husband is guilty of committing the offence or rape, sodomy, or bestiality, the wife is entitled to seek divorce on this ground under Section 13(2)(ii) of the Act. Rape as an offence is given under Section 375 of the Indian Penal Code, 1860 (IPC), while sodomy or bestiality fall under the category of unnatural offences. According to Section 377 of the IPC, unnatural offences are those where a person engages in carnal or anal intercourse against the order of nature with any animal. Carnal intercourse with a person of the same sex or opposite sex is sodomy, while if done with an animal, it amounts to bestiality.

Non-resumption of cohabitation after the decree of maintenance has been passed

The Amendment Act of 1976 provided another ground to the wife to seek divorce. According to Section 13(2)(iii) of the Act, if a decree or order of maintenance has been passed under Section 18 of the Hindu Marriage Act, 1955, or Section 125 of the Code of Criminal Procedure, 1973 against the husband, directing him to give maintenance to the wife in spite of whether she was living apart, and there was no cohabitation between both of them for a year or more after the passing of such a decree or order, the wife can claim divorce. 

The essentials conditions to obtain divorce under this ground are:

  • Petition must be filed by the wife. 
  • A decree of maintenance must be passed against the husband. 
  • There must be no cohabitation between husband and wife for a year or more after passing of decree. 

Repudiation of marriage

The Amendment Act of 1976 also gave the wife an opportunity to repudiate her marriage if it was solemnised before she attained the age of 15 years. This is given under Section 13(2)(iv) of the Act. However, she can do so only before attaining the age of majority, i.e., 18 years. This is known as repudiation of marriage. This clause applies irrespective of whether the marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976.

Irretrievable breakdown of marriage as a ground of divorce

It has been observed that the rules pertaining to divorce have been liberalised especially under the Hindu Marriage Act, 1955. However, getting a divorce on the basis of grounds related to fault theory is cumbersome, time consuming and exhausting. It also causes mental and physical trauma and shame to the parties. In order to avoid such situations, the Law Commission in India proposed that the parties to a marriage must be allowed to seek divorce on the ground of irretrievable breakdown of marriage and that it must be recognised as a separate ground for divorce. This recommendation was made in the 71st Law Commission Report. Further, it also suggested that a separation period of three years must be used as the criteria in this regard. 

In N.G. Dastane v. S. Dastane (1975), a petition was filed by the husband seeking judicial separation, but his application was rejected on technical grounds. This case laid the importance of irretrievable breakdown of marriage and the trauma and impact it has on the children. The court also in several instances felt that where the parties cannot live with each other and there is no possibility of restoring the relationship, marriage must be dissolved on the basis of irretrievable breakdown of marriage. In the case of Naveen Kohli v. Neelu Kohli (2006), the Hon’ble Supreme Court suggested the government to consider inclusion of irretrievable breakdown of marriage as a separate ground of divorce under the Act. The appellant in this case alleged that his wife was aggressive and rude. She used to quarrel and misbehave with her in-laws. One day, he found her in a compromising position with another man and so he started living separately and filed the petition for divorce.

No petition for Divorce within one year of Marriage

As per Section 14, no Court will entertain the petition of divorce within the one year of the marriage. But can be entertained if the matter is related to bigamy, and where the consent of the spouse was taken through misrepresentation, fraud, undue influence etc.

According to Section 14 of the Act, no petition can be filed for divorce within one year of marriage. The object of this provision is to enable parties to a marriage to make efforts to save their marriage and marital bond. It is also based on public policy because marriage is Hindu is considered to be a sacrament and has religious importance to it. The courts try to safeguard a marriage till the end.

However, if there are exceptional hardships to the petitioner or exceptional depravity by the respondent then the court can hear the application. While deciding the application, the court must consider the interest of children born and whether there is a chance of reconciliation between the parties.  In the case of Dr. Rajasi v. Dr. Shashank (2015), a petition was filed by husband under Section 12(1)(c) for nullity of marriage and also to dissolve his marriage by way of divorce within one year of his marriage on the ground that his wife had suicidal tendencies and behaved inappropriately. He also contended that if he would have known about the same, he would have not solemnised the marriage. The Bombay High Court observed that the object of Section 14 is laudable as it prevents hasty decision of dissolving the marriage within one year however, in the present case, the husband was able to prove that there was cruelty on the part of wife and it is difficult for him to live with her and so ordered for dissolution of marriage. 

Remarriage of Divorced Person

As per Section 15, after the marriage gets dissolved and no further petition was filed by any of the spouses against the order of the court and the time for appeal has expired. At that time it is assumed that both the spouse are satisfied. Then only the divorced person can marry again.

According to Section 15 of the Act, a person has a right to remarry the person he or she divorced. However, the following conditions must be satisfied:

  • There was no right to appeal when the marriage was dissolved. 
  • There was a right to appeal but the time had elapsed. 
  • An appeal was filed by either of the parties but was dismissed. 

It must be noted that this Section is only applicable to marriages that are dissolved by divorce and not that are declared null and void under Sections 11 and 12 of the Act. In the case of Tejinder Kaur v. Gurmit Singh (1988), the Hon’ble Supreme Court observed that a spouse who got the decree of divorce cannot take away the right of the other to present a special leave petition before the Supreme Court by marrying immediately after the decree of divorce has been passed. He or she must wait for a reasonable time. 

Jurisdiction of courts dealing with divorce cases

Section 19 of the Act provides territorial jurisdiction of the courts that deal with divorce petitions filed therein. It provides that every such petition must be brought before a district court in whose jurisdiction:

  • The marriage was solemnised as mentioned under Section 19(i) of the Act. 
  • Place where the respondent lives as given under Section 19(ii).
  • Place where the parties lived together as given under Section 19(iii).
  • If the petition is filed by a wife, the place where she lives as mentioned under Section 19(iiia).
  • According to Section 19(iv), where the petitioner lives or if the respondent lives outside the jurisdiction of such court or has not been heard alive for more than seven years by people who would have known about him/her if he/she was alive. 

However, Section 13 of the Family Courts Act, 1984, provides that no party to a suit before the Family Court would be entitled to legal representation as a matter of right.

Landmark cases

Lily Thomas v. Union of India (2000)

Facts of the case

In this case, Smt. Sushmita Ghosh was married to Shri G.C. Ghosh, who then, after some years of marriage, converted to Islam to take advantage of marrying twice. An NGO named Kalyani observed the increase in the number of such cases and decided to help women who suffered because of the conversion of their husbands to other religions only because they wanted to exploit the advantage of a second marriage and had no faith in the religion. She, along with other such women, filed a petition in the Supreme Court and asked the court to declare polygamy by Hindus and non-Hindus after converting to Islam as void and illegal. She also asked the court to restrain her husband from marrying another woman, as her marriage still subsists. 

Issues involved in the case

  • Whether the respondent must be held liable for the offence of bigamy?
  • Whether the marriage solemnised by Hindus after converting to Islam be declared as void or illegal?

Judgement of the court 

The Apex Court in this case observed that mere conversion of the husband to any other religion would not dissolve the first marriage. The Act of converting to Islam just to take the advantage of more than one marriage amounts to religious bigotry, as the respondent had no faith in the religion. In the present case, the respondent was held liable for the offence of bigamy because the solemnization of a second marriage after conversion to another religion does not ipso facto dissolve the first marriage, which was solemnised according to Hindu rituals. 

Amardeep Singh v. Harveen Kaur (2017)

Facts of the case

In this case, the petitioner and respondent were married to each other and had children but decided to live separately owing to certain issues. After some time, they filed an application for divorce by mutual consent. They also decided to waive the cooling period or the waiting period of six months given in Section 13B because they had been living separately for the past eight years and were firm on their decision to seek divorce. For this, they filed a petition in the Supreme Court to allow them to waive the period. 

Issues involved in the case

Whether the period of six months for the second motion mentioned under Section 13B of the Act can be relaxed in certain situations?

Judgement of the court

It was observed that the period of six months is there to help the parties resolve their dispute if there is a possibility of doing so and saving the marriage. The court also observed that the object of the legislature to introduce divorce by mutual consent was to give parties the option to dissolve the marriage by mutual consent where there is no possibility of reconciliation and the bond is irretrievably broken. It did not aim at prolonging the agony of the parties. The court thus held that the period of six months is not mandatory but a directory, and after the following conditions are fulfilled, it is at the discretion of the court to waive off the period:

  • The statutory period of six months is already completed which means that the parties were living separately from a long time. 
  • All the efforts and methods of reconciliation to save the marriage have failed. 
  • Other matters related to dissolution of marriage like maintenance, custody etc have been resolved. 
  • The waiting period made mandatory to follow would cause frustration to the parties and prolong their agony.
  • The parties have the option to waive the waiting period of one week after the first motion, but this can be done only after the parties have given valid reasons.

Conclusion

The purpose of marriage and its importance is different for different religions. In Hinduism, it is a dharma for a person to get married in order to fulfil religious obligations, so there was no concept of divorce or judicial separation. The marital bond, once created, was considered to exist till eternity. But with the introduction of the concept of divorce, the unbreakable bond could be broken, and husband and wife could be separated. Generally, the entire structure of divorce is based on the faulty theory. 

However, there has been inclusion of grounds like non-compliance with the decree of restitution of conjugal rights and non-resumption of cohabitation within one year after the decree of judicial separation has been passed for divorce. This is based on the concept of frustration of marriage, or breakdown theory. After the 1976 Amendment, a liberal provision or ground has been added for divorce, which is divorce by mutual consent. This is based on the consent theory. Thus, it can be said that the marital life in a Hindu marriage has undergone drastic changes, but the notion of marriage still remains the same. It still has religious sanctity attached to it and the courts try to preserve the institution of marriage in every case that comes before it.

Frequently Asked Questions (FAQs)

What do you mean by voidable marriages?

Voidable marriages are those that can be annulled by a decree of nullity at the option of either of the parties. According to Section 12 of the Act, the grounds on which a marriage can be voidable at the option of either husband or wife are as follows:

  • Impotency of spouse. 
  • Unsoundness of mind
  • If the consent for marriage was obtained by force or fraud. 
  • Premarital pregnancy. 

What is the punishment of bigamy under the Hindu Marriage Act, 1955?

According to Section 17, if a person is guilty of the offence of bigamy, he would be liable for punishment according to Sections 494 and 495 of the Indian Penal Code, 1860, and such a marriage would be null and void under the Hindu Marriage Act, 1955. 

What are the conditions of valid Hindu marriage?

According to Section 5 of the Act, for a marriage to be valid under Hindu law it must be solemnised between two Hindus and fulfil the following conditions:

  • Neither of them must have a spouse living at the time of marriage. 
  • He or she must not be incapable of giving consent i.e., must not suffer from unsoundness of mind. 
  • He or she must not be unfit for marriage and procreation of children. 
  • He or she must not suffer from insanity. 
  • They must have completed the criteria of age which is twenty-one years for bridegroom and eighteen years for bride.
  • Both the bride and bridegroom must not be within the degrees of prohibited relationship unless custom allows. 
  • They must not be sapindas of each other unless allowed by customs. 

What do you mean by constructive desertion? How is it different from simple desertion?

When a spouse compels the other by words or conduct to quit the matrimonial home, he would be guilty of desertion even though the other physically left and lived separately. Desertion means abandonment, while in constructive desertion, there is no abandonment of place but of a matrimonial relationship. The same was discussed in the case of Savitri Pandey v. Prem Chandra (2002), wherein it was also observed that desertion does not mean withdrawal from the place but means repudiation of the obligations of marriage. 

How is judicial separation different from divorce?

Judicial separation is a situation where the marriage is not terminated but the spouses do not fulfil conjugal duties, and neither of them is under obligation to cohabit with the other. Section 10 deals with judicial separation, and it is termed as alternate relief to divorce under Section 13A of the Act. There is a possibility of reunion and resumption of matrimonial rights in judicial separation, but after the decree of divorce is passed, marriage comes to an end. 

References


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Stifling prosecution and it’s illegality

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This article is written by Gautam Badlani, who is a student at Chanakya National Law University, Patna. It explains the stifling nature of prosecution and provides a comprehensive analysis of its legality. The article discusses relevant provisions and case laws relating to stifling prosecution.

Introduction 

In criminal cases, it often happens that the accused tries to convince the victim to drop the charges and withdraw the complaint. In many cases, monetary and other incentives are also offered to the victim to withdraw the complaint. This practice is known as stifling prosecution. 

Stifling prosecution is considered detrimental to the justice delivery system because it facilitates the trade out of felonies. It is against social welfare to let a person escape the justice system by coercing or incentivizing the victim. 

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Modes of stifling prosecution 

Stifling prosecution means persuading the victim not to prosecute or continue an existing prosecution against the accused. Prosecution can be stifled in two primary ways: agreements and threats.

Agreements for stifling prosecution 

Agreements where one party agrees to pay some consideration to the other party in exchange for the latter promising to forgo criminal charges against the former are known as agreements for stifling prosecution. Stifling prosecution agreements subvert the ordinary course of justice. They bring an unfair end to prosecution and thus defeat the administration of justice.  

For example, if A enters into an agreement with B stating that A will sell his house to B if B does not press criminal charges against A, then such an agreement will amount to stifling prosecution. 

Threats

Threatening the victims and witnesses to not pursue criminal prosecution is another method of stifling prosecution. In Waryam Singh v. Sadhu Ram (1972), the police officers threatened the witnesses with the object of stifling the prosecution. Subsequently, the Punjab and Haryana High Court found the police officers guilty under the Contempt of Court Act, 1952. The police officers had pleaded that they believed that the witnesses were untruthful. However, the Court pointed out that even if it was a case where the police officers believed the witnesses to be untruthful, they had no business threatening the witnesses, and it was for the court to determine the veracity of the witnesses’ testimony. Subsequently, an appeal against the decision of the High Court was also dismissed by the Supreme Court. 

Legality of stifling prosecution

Stifling prosecution is not legally permitted. Agreements for stifling prosecution are considered illegal under Indian law. Such an agreement subverts the very administration of justice. However, the parties may enter into a compromise in the case of a compoundable offence, and therefore compoundable offences are an exception to the doctrine of stifling prosecution. 

Stifling prosecution agreements are regarded as illegal because they take the administration of justice out of the hands of the judicial system and put it in the hands of private individuals. The right to protection against criminal offences cannot be waived for monetary consideration. 

However, mere use of strong words to recover an existing claim will not amount to stifling prosecution. In the case of Flower v. Saddler [(1882) 10 Q. B. D. 572], the defendant owed some outstanding debt to the creditors (plaintiff). The creditors used strong language and threatened to initiate criminal proceedings against the defendant if he failed to pay the dues. The issue that arose before the Queen’s Bench was whether such a threat amounted to stifling prosecution. The creditors were impliedly offering not to prosecute the defendant if he paid the outstanding dues. The Queen’s Bench held that creditors can use strong language to recover the dues. Even if the creditors chose not to prosecute the defendant after receiving the dues, it would not amount to stifling prosecution. 

Another aspect of stifling prosecution is that if an agreement is entered into between the accused and victim whereby the accused agrees to pay certain consideration to the victim but the victim makes no reciprocal promise of withdrawing prosecution, then such an agreement would not be invalid on the ground of stifling prosecution. If the accused agrees to pay some monetary consideration to the victim in the hope that the victim might withhold the prosecution in good faith, then the doctrine of stifling prosecution will not strike such an agreement. The law does not control the hopes and expectations of the compensating party. To constitute stifling prosecution, an express promise to withhold prosecution is mandatory. 

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Lawful consideration

One of the essentials of a valid contract is lawful consideration and object. Section 23 of the Indian Contract Act, 1872 defines the circumstances under which a consideration or object will be considered unlawful. As per Section 23, if the court regards the consideration or object of the contract as being against public policy, then it would be unlawful. Thus, agreements for stifling prosecution are void. 

Illustration (h) of Section 23 is an example of stifling prosecution. The illustration states that if there are two parties, A and B, and A agrees to withdraw a complaint of robbery against B in exchange for B restoring the value of stolen goods, then the contract stipulating such an arrangement would be unlawful. The object of such a contract is unlawful.   

Public policy

As a matter of public policy, it is desirable that an offender be punished for the crimes he has committed. Entering into agreements that provide for the suppression of criminal charges in exchange for monetary or other benefits is legally prohibited. Such a practice is against the public policy of India. 

Relevant case laws

Suresh Ganpati v. State of Maharashtra (2017)

Facts of the case

In this case, the applicants were found guilty of the charges framed under the Electricity Act, 2003, and were sentenced to three years of rigorous imprisonment. The applicants thereafter filed a compounding application and prayed the High Court to allow the compounding of the offence subject to payment of the monetary liability. 

Issue involved in the case

The issue before the court was whether the applicants could be acquitted of the offences on the basis of the compromise reached by the parties. 

Decision of the Court 

The Bombay High Court held that compromise between the parties can be a ground for acquittal only with respect to compoundable offences and not in relation to non-compoundable offences. If the victim tries to compound a non-compoundable offence, then it will attract the doctrine of stifling prosecution. 

Ouseph Poulo v. Catholic Union Bank Limited (1964)

In Ouseph Poulo v. Catholic Union Bank Limited (1964), the Supreme Court held that if an agreement is made between two parties stating that a certain consideration will be paid by the accused to the complainant in exchange for a promise that the complainant will not prosecute or discontinue the existing prosecution against the accused, then such an agreement will be against public policy. 

Union Carbide Corporation v. Union of India (1991)

Facts of the case

The Supreme Court dealt with the doctrine of stifling prosecution in the case of Union Carbide Corporation v. Union of India (1991). This case related to a gas tragedy which took place in Bhopal in 1984 due to the leak of lethal gas from a storage tank belonging to Union Carbide Corporation. As a result of the tragedy, several claims were brought against the corporation. In an attempt to settle the claims, the Union Carbide Corporation offered to pay US$470 million to the Union of India. The petitioners argued that the sum was paid so that the Union of India would withdraw the existing prosecution and undertake to abstain from initiating criminal charges in the future. 

Issue involved in the case

The issue before the court was whether the settlement offer attracted the doctrine of stifling prosecution. 

Decision of the Court 

The Supreme Court held that the Union of India had not coerced the Union Carbide Corporation to enter into the agreement and offer the money. Thus, the agreement did not attract the doctrine of stifling prosecution. 

The Court further added that if one party sets into motion the criminal justice system on the pretext that a non-compoundable offence has been committed by the other party and then uses the prosecution as a coercive measure to compel the other party to enter into an agreement with him, then such an attempt would be hit by the doctrine of stifling of prosecution. Such an agreement is opposed to public policy and is therefore invalid under the Indian jurisprudence. 

The Court further clarified that where the dropping of criminal charges is the motive but not the consideration of the agreement, the agreement would not be invalidated by the doctrine of stifling of prosecution. The dropping of criminal charges must be the consideration of the agreement to attract stifling prosecution principles. 

Dwijendra Nath Mullick v. Gopiram Govindaram (1925)

Facts of the case

In Dwijendra Nath Mullick v. Gopiram Govindaram (1925), the defendant was charged with criminal breach of trust. The defendant had encashed a cheque for the plaintiff firm and had later approached the police station with the pretext that he had lost the encashed money. The police had not believed the story of the defendant and had arrested him. The plaintiff firm had accused the defendant of criminal breach of trust. 

Thereafter, the defendant paid a certain amount to the plaintiff firm and entered into a mortgage with the plaintiff in the hope of getting the prosecution withdrawn. The plaintiff firm then moved a petition before the Deputy Commissioner for the withdrawal of the complaint. The complaint was subsequently withdrawn. 

However, when the plaintiff firm tried to enforce the mortgage executed by the defendant, the defendant pleaded that since the mortgage was entered with the purpose of stifling prosecution, it was not enforceable. The agreement between the parties had no valid consideration. 

Issues involved in the case

The issue before the High Court was whether the agreement between the parties amounted to a stifling prosecution agreement.

Decision of the Court 

However, the Calcutta High Court held that the mortgage was not struck by Section 23 of the Indian Contract Act. In this case, an outstanding debt was owed by the defendant to the plaintiff, and the doctrine of stifling prosecution does not apply to cases of outstanding debt. At any rate, the criminal prosecution was initiated by the police officers and not the plaintiff. Moreover, the plaintiff had only moved an application before the Commissioner, and it was the Commissioner who decided to withdraw prosecution. Thus, the agreement did not concern the stifling of prosecution. 

Exception

Stifling prosecution is permissible in matters where the concerned offence is compoundable in nature. A compoundable offence is one where the parties are free to enter into a compromise. Examples of compoundable offences are charting, assault, and wrongful confinement. 

However, there are certain offences for which the parties do not have the liberty to enter into a compromise. In case of non-compoundable offences, the victim cannot forego the charges by entering into a compromise with the accused. Examples of non-compoundable offence are murder, rape, etc. 

Stifling prosecution is prohibited in cases where the offence is a public offence. However, where a party is entitled to claim damages under a civil remedy, stifling prosecution may be allowed. 

Punishment 

If a person enters into an agreement for stifling prosecution, then such an agreement is deemed void in law. Such an agreement is not enforceable, and the offender would not be able to escape his liability by relying on such an agreement. Such agreements are against public policy and thus not enforceable. 

Conclusion 

Stifling prosecution is an immoral and unethical practice. Once the charges against a person are proven in a court of law, such a person should be punished for his crimes. He should not be able to escape criminal liability by entering into an agreement and incentivizing the victim. A crime cannot be used to make monetary gains. Felonies cannot be the subject of trade in any civilised society. 

The purpose of criminal law is not reformation and not mere restoration. Thus, if the offender tries to escape criminal liability by paying some monetary consideration to the victim, then it would defeat the very purpose of criminal liability. This would lead to the failure of the administration of justice as the element of deterrence in criminal liability would be blurred 

Frequently Asked Question (FAQs)

Which agreements are considered to be opposed to public policy?

Agreements relating to stifling prosecution, monopoly creation, and champerty (where one party assists another in litigation and claims a part of the damages as consideration) are considered to be opposed to the public policy. 

References 


Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

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IPC 107 punishment

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This article is written by Aadrika Malhotra from Guru Gobind Singh Indraprastha University. Section 107 of the IPC talks about abetment and the punishment for abetment which has been discussed in Chapter V of the Indian Penal Code, 1860. This article gives a detailed analysis and overview of the law of abetment. 

It has been published by Rachit Garg.

Introduction 

The Indian Penal Code covers many crimes done by one or more persons, where some may be the perpetrators, while some may just be aiding the crime. Provoking, encouraging, or aiding someone is a criminal act punishable under the Indian Penal Code (IPC) as abetment. Chapter V of the Indian Penal Code, 1860 talks about abetment, and the law is very clear in this regard. Anyone who aids or leads the crime cannot use the defence of no-presence of actus reus to get away from the punishment associated with it. Delving into the realm of abetment, it becomes essential to comprehend the profound implications and legal ramifications associated with this offence. As we embark on this exploration, we uncover the provisions of Sections 109 to 120 of the Indian Penal Code, 1860 (IPC), which intricately outline the penalties meted out for abetment. This article discusses the offence of abetment as mentioned under Section 107 of IPC and its punishment in detail.  

Exploring the legal implications of Section 107 IPC in Indian law 

Section 107-120 of the Indian Penal Code, 1860 talks about the crime of abetment and its punishment in detail. There are four stages of a crime discussed below: 

  • Intention: A human being is held liable for an offence they commit being a legal entity that they are with a motive in mind. This simply means that a person has a sense of legal responsibility tied to themselves by birth. Actions are a result of intentions that develop due to certain reasons. A non-criminal behaviour becomes criminal if there is any kind of criminal intention/ mens rea behind it. However, ascertaining the true intentions of an individual can prove to be an invisible challenge, making it currently impossible to definitively establish criminal liability.
  • Preparation: Preparation refers to the act of making some arrangements or taking steps to commit a particular offence preceding its actual commission. Preparation is not punishable under the law because you cannot prove whether or not the accused prepared the acts for the specific crime or not. The test of locus poenitentiae is used to determine this, which simply means that a person has the chance to withdraw from the criminal act before it is completed. 
  • Attempt: An action made in furtherance of intention and preparation is called an attempt to commit that specific offence. An attempt to commit a crime or preliminary crime is punishable under the Indian Penal Code under Section 511. An attempt can also be described as a preliminary crime to determine the criminal liability of a person. There is a thin line between attempt and preparation which is differentiated by doing some tests like locus poenitentiae, proximity tests, social danger test, and equivocality tests.  
  • Commission: A crime is accomplished when the attempt to commit that crime is successful which is punishable under the code in several sections depending on the crime thus committed. The criminal liability of a person arises at the stage of the commission or accomplishment of the particular offence because, at this stage, the crime committed poses a danger. 

Abetment may take place at any stage amongst the above-mentioned stages, and the mere instigation, commission, or aiding of an offence is punishable for abetment under the Indian Penal Code, where the commission of the offence is not necessarily taken into consideration for the punishment to be upheld. 

What is abetment under Section 107 IPC

Abetment in criminal jurisprudence means the act of insisting, provoking or encouraging any person to commit an offence, where the person abetting (abettor) is different from the perpetrator. According to Section 107 of IPC, 1860, there are three essential elements of abetment. The three elements of abetment namely instigation,  provocation, and active involvement are explained further.   

For example, A instgates B to cause grievous hurt to C and B refuses to do so. Here, A will be held liable for the offence of abetment to rape. If on A’s instigation B causes grievous hurt to C, A will be guilty to abet B of causing grievous hurt. 

In the case of Emperor v. Parimal Chatterjee(1932), the Apex Court held that for the crime of abetment to be constituted, there must be an abettor who should abet for the crime being prosecuted, which shall also be an offence that is punishable under law. 

Section 107 of the IPC defines abetment of a thing that consists of three acts, namely instigation, conspiracy, or intentional aid. In the case of Malan v. State of Maharashtra(1957), the Bombay High Court laid down the essentials of the crime under Section 107 of the IPC; the person should instigate any other person to commit the offence, the person conspires with nobody to commit the offence, or he individually aids anyone to commit the offence. This has been discussed in detail further in the article.  

Abetment and mens rea 

Abetment occurs when someone willingly encourages, insists, or aids another person to commit an offence. In cases of abetment, the presence of mens rea is a precondition necessary for the offender to be punished. Mens Rea is the guilty mind or criminal intent of a person to commit a specific crime. It is impossible to commit an offence of abetment without the presence of a mens rea on the part of both the abettor and the principal offender.  

The person abetting must have complete knowledge of the crime he/she will commit as a result of the said abetment. Only after establishing the presence of both the elements, mens rea, and whether or not the accused had the knowledge of the crime, the accused shall be charged with the offence of abetment. 

The presumption of mens rea cannot be applied universally in every case. In case of strict liability offences, the presumption of mens rea is not required to constitute an offence. In deciding a case for mens rea exemption, the court will consider the severity of the punishment and the stigma attached to it. One big example of such an offence is statutory rape, which occurs when a person comes into sexual contact with a minor. Here, any circumstance or the existence of mens rea does not matter. Whether or not the person was aware of the age of minor or not, the person will be held liable for statutory rape. 

To further explain the above point, let us take an example of Section 292 of the Indian Penal Code, 1860 which states that the sale of obscene books is illegal. In offences like these where strict liability is put on individuals regardless of the intention or knowledge of the crime, the court shall not be bound to evaluate the mens rea of the offender.    

Essentials of abetment under Section 107 IPC 

As laid down under Section 107 of the IPC, the abetment contains three acts as follows: 

Abetment by instigation

  • A person is said to instigate another person for a bad cause as well as a good cause when that person suggests another person to do a criminal act by any means, expressly or impliedly, by implication, encouragement, or willful representation which shall also lead to concealment of a material fact.  
  • For example, Anna has a long-standing dispute with Rohan over a piece of property, and she wants to take possession of the land through illegal means. Anna approaches John to ask him to instigate Rohan to sell the property, who is unaware of her ulterior motives. Therefore, John continues to persuade Rohan to sell his property to Anna, however, Rohan is aware of Anna’s malafide intention and doesn’t fall for her trap. Here, Anna is liable for abetment by instigation, and not John because she had a clear malafide intention. 
  • When advice given actively suggests or stimulates the commission of an offence, only then somebody commits the offence of instigation. It may be anything going from words said to mere gestures of bribing, beating, harassing, or even murdering someone. The prosecution cannot prove that the actual cause for the abetment was instigation because no human tribunal can figure out how the degree of instigation present in the mind of the abettor while abetting affected the circumstances of the case.        
  • Section 108 of the IPC, lays down specific provisions for the instigation by a specific individual and the severity of the punishment. In the case of a minor offence, the punishment can extend up to three years, a fine, or both; in the case of a major offence, the punishment can extend up to ten years, life imprisonment, or both. 
Criminal litigation

Abetment by conspiracy 

When one or more people are engaged together in any conspiracy focussed on doing a particular thing it might lead to an offence. If the effort committed amounts to the crime, then that is abetment by conspiracy; if the act does not amount to the crime, then that is conspiracy punishable under Section 120A of the IPC which states the definition of criminal conspiracy. There shall thus be three essentials for abetment by conspiracy:

  • There are two or more people who commit the conspiracy.
  • An illegal act, therefore, shall occur only by that conspiracy. 
  • Such an act must take place at the moment of the conspiracy. 

For example, there are two friends, Harvey and Donna, who want to rob a convenience store together. Harvey has the layout of the store, and Donna has a gun, therefore they make an agreement that Donna will enter the store to rob the cashier, and Harvey will keep a lookout. They take another friend Mike with them to be their driver, who agreed to help them escape but is not taking part in the robbery, even after knowing the plan. Here, Mike is guilty of abetment by conspiracy because he abetted the commission of the crime by being the getaway driver for Harvey and Donna, even though he did not directly participate in the crime. 

The abettor need not take part in the crime, the mere engagement of the abettor is sufficient to constitute abetment because a common object has been sought in furtherance of the subject, even though there isn’t a common intention. In the second clause of this Section, a criminal offence must take place, which must arise from that conspiracy to form an abetment by conspiracy, which is what postulates from the four stages of crime.     

Abetment by aiding and illegal omission 

  • Abetment by aiding occurs when the abettor actively does something to aid the commission of an offence. Under Section 107, intentional aid given by a person involves active participation in the crime and not just an intention to participate. Just like abetment by instigation, abetment by aid is punishable only if the abettor had the mens rea (intention and knowledge) of the crime he was aiding in. Intent is the main component required to constitute a case against abetment by aiding in a court of law.   
  • In the case of State of Maharashtra v. Mohammad Yakub Abdul Razak Memon (2013), the Apex Court held that to prove abetment by instigation or aiding, the appellant must prove beyond a reasonable doubt the presence of the required mens rea for the offence. A similar view was held in the case of Brij Lal v. State of Rajasthan (2016), wherein the Apex Court held that the mere presence and assistance of the accused at the crime scene is not sufficient to prove the offence of abetment by aiding.  
  • In general parlance, abetment by aiding as a crime committed by an abettor when he/she intentionally aids in the facilitation of the conduct of the crime done by the perpetrators. If a person merely aids in the commission of an offence non-intentionally, he/she will not be liable or abetment at all. For example, if a person calls another person as a friend to the place of the crime and the latter has no knowledge about it and mistakenly aids in the commission of the crime, he/she will not be liable for abetment by aid for there was no malafide intention established in the mind of the accused.  

Illegal omission 

  • Section 107 defines an act done by illegal omission as abetment, which means that when a person violates his/her legal obligations to do something, he is responsible for abetment by illegal omission. If somebody knows that a crime is being committed or will be committed, and fails to take action to stop that crime, they are guilty of abetment by illegal omission. 
  • Illegal omission can be defined in several ways which can constitute the failure to report a crime that a person is an eyewitness of, failure to prevent a crime that the accused has the duty to care for, and failure to perform a legal duty by taking certain actions or steps that are required by law. 
  • Let’s say there is a construction company working on a building project and is required to follow certain safety standards by law for the workers’ safety. Regardless, the company starts cutting off corners in the costs of the safety measures to put into something else. Due to the company’s illegal omission, a worker falls from the building and suffers serious injuries. Since the company was aware of the necessities of the workers but still chose not to pay heed to the situation, they are liable for abetment by the illegal omission of the death of their worker. The company failed to perform its legal duty towards the public and its workers, which led to the commission of such a heinous crime. 

Section 107 IPC punishment  

For understanding the punishment for abetment, it is necessary to understand what an abettor is. Section 108 talks about who an abettor is and what specific acts amount to abetment. 

Section 108  

Section 108 of the Indian Penal Code, 1860 gives five such propositions related to the abetment of an act. 

  • If a person abets the illegal omission of a duty of another person, the abettor will be held liable of the illegal omission of that duty, even though the abettor wasn’t directly liable to care for that illegal omission. 
  • To constitute the offence of abetment the act abetted may or may not be committed, or the effect required to commit that particular offence should be committed. Let’s say A instigates B to murder C, and B refuses to do so. Therefore, A is guilty of abetting B to commit murder. If C manages to survive, A will still be guilty of abetment to murder. 
  • It is not necessary that the person abetted should be capable by law of committing the particular offence or that he should share the same guilty knowledge or intention as that of the abettor. The person abetted need not have the same intention or mens rea as that of the abettor to commit a particular offence being charged of. Let’s say A, with a guilty intention, abets a child or a lunatic to commit an illegal act if committed by a person capable by law to commit such an act while having the same intention as A. Here, A will be liable for abetment of that offence, even if the offence took place or not. 
  • If the abetment of the abetment of an offence is committed by the abettor, he/she will be liable. Let’s say A instigates B to instigate C to commit suicide. Now, B instigates C to commit suicide under the orders of A. Here, A is liable for the same punishment as B because both of them instigated C to commit the offence. 
  • A person shall be held liable in the case of abetment by conspiracy if he/she does or does not come into contact with the people committing the office. Even if the abettor merely takes art in such commission indirectly, he/she shall be held liable. Let’s say A concerts A plans with B to poison C, wherein A shall administer the poison. Now, B explains this plan to D without mentioning A’s name and expects him to procure the poison, which he does for the purpose of the plan. As a result, A administers the poison, and C dies. Here, A and D did not conspire together, though D did engage in the conspiracy in the pursuance of which C was murdered. Therefore, D is also liable for murder like A and B. 

Section 109  

Section 109 of the Indian Penal Code, 1860 lays down punishment of abetment if the act abetted is committed in consequence and when no express provision is made for its punishment. If the act is committed as a result of the abetment of an individual and no express provision is made to lay down the punishment of that abetment, the person shall be punished with the punishment provided for the offence. 

An act is committed as a consequence of abetment by a person or group of people instigating the other person or a group of people, which might also be a result of a conspiracy. Mere aid also constitutes the offence talked about, which might be bailable or non-bailable and cognizable or non-cognizable.  

Examples:

  1. Harvey offers a bribe to Donna who is a public servant to reward her for her favour given to him while exercising her official duties. Donna accepts the bribe willfully, committing the offence mentioned under Section 161 of IPC. Here, Harvey will be held liable for abetment of the offence mentioned under Section 161.   
  2. Mike instigates Rachel to give false evidence to a jury, which Rachel does as a consequence of the instigation, thereby committing an offence. Here, Mike will be held guilty of abetting the offence and will also be liable for the same punishment as Rachel. 

This provision can also be explained by this illustration, let’s say Louis and Scottie conspire to poison Alex. In pursuance of this, Louis procures and delivers it to Scottie, who administers the poison to Alex in Louis’ absence. Consequently, Alex dies deeming Louis guilty of murder and Scottie guilty of abetting the offence of murder by conspiracy. Here, both Louis and Scottie will be punished for murder.  

The motive of this Section is to tell that the offence of abetment is not punished separately in the IPC but is punishable with the offence committed in furtherance of the said abetment. In the case of Kulwant Singh @ Kulbansh Singh vs State of Bihar (2007), the Apex Court held that 

“Section 109 applies even when the abettor is not present…… .mere help in the preparation of the offence which is not even committed is not under the ambit of Section 109.” 

By the above-mentioned, active participation and a malafide intention are necessary to constitute the offence of abetment.  

Section 110 

Section 110 of the Indian Penal Code states the punishment for the abetment of an offence where the person abetted does an act with a different intention from that of the abettor. The person abetting the commission of an offence shall be punished, if the person abetted does the act with a different intention as that of the abettor, with the punishment entitled for the offence he was abetting for in the first place, and no other. The presumption would be laid as if the person abetted committed the crime with the intention of the abettor.   

Section 111 

Section 111 of the Indian Penal Code states the liability of an abettor if the act done is different from the act abetted. When the abetted act differs from the act done, the abettor shall be liable for the act done in the same manner as he would be liable for the abetted act if that would have taken place. The act so done should be a probable cause of the abetment so administered and was committed as a result of the instigation, aid, or conspiracy of the abetment in question. There exists a direct inference between the abetment and the act so done. 

Let’s say Gretchen instigates Sean to put poison in Dana’s food and gives him poison for that purpose. Sean, though, in consequence of the instigation, by mistake puts the poison in Samantha’s food. Here, Gretchen will be liable in the same manner as if she had instigated Sean to put the poison into Samantha’s food. 

Section 112  

Section 112 of the Indian Penal Code states the cumulative punishment for the act abetted and the act done. This Section lays down that if the act for which the abettor is liable in Section 111 of the IPC, in addition to the act abetted, constitutes a distinct offence, the abettor will be held liable for all of the offences. 

Let’s say A instigates B to resist distress by force made by a public servant, which he does. During the course of action, he causes voluntary grievous hurt toward the officer. Now, B committed both the crime of causing distress and voluntarily causing grievous hurt, for which he is liable to be punished for both. Here, A will also be held liable for both offences if he knew that, while resisting distress, B was likely to cause grievous hurt. 

Section 113  

Section 113 states the liability of an abettor if the act abetted caused a different effect than intended by the abettor at the time of abetment. In simple terms, the person abetted as a result of the abetment commits some other offence than what he was abetted for. The abettor abets the commission of a particular offence. Though, the person being abetted does some other offence, that the abettor did not have the intention of. In such a case, the abettor shall be liable for the act that actually happened in the same manner as he would have been if the act abetted at the start was committed. It is also essential for the abettor to know that his instigation might also lead to some other act for the abettor to be punishable under this provision.  

Let’s say Levi instigates Anya to cause grievous hurt to Bond, in consequence of which she does the same, due to which Bond dies. Here, if Levi knew that the act he abetted would most likely cause death, he would be liable for murder. 

Section 114   

Section 114 of the Indian Penal Code states the punishment for when the abettor is present when the offence is committed. Whenever anyone who shall be punished with the offence of abetment for a particular crime is present at the scene of the crime, they shall be deemed to have committed that offence, and shall be punishable with the punishment of that offence.  

There exists a thin line between the objective under Section 34 and Section 114 of the Indian Penal Code. Under Section 34, the offender need not be present at the time of the offence. It is possible to participate in an offence even from a distance with the common intention. Whereas, in Section 114, the presence of the abettor at the crime scene is a necessary condition. The acts done separately by the principal offenders are tried under Section 34 of the Code. 

Whereas under Section 114, the abettor must have already rendered himself liable before the commission of the act as an abettor. Section 34 applies to all offences committed under the Indian Penal Code, whereas Section 114 is applicable only to Sections 107, 109, 115, and 116. Section 34 does not at all provide a concept for a separate offence, whereas Section 114 provides a separate statutory offence.   

Section 115   

Section 115 of the Indian Penal Code deals with offences punishable with death or imprisonment for life if the offence is not committed. Whoever abets an offence punishable with death or imprisonment for life in this Code and that offence is not committed in consequence of the abetment, the punishment for such abetment shall extend up to seven years in prison with a fine. If the act causing harm is done in consequence and for any act thereforth that makes the abettor liable for causing hurt to a person is done, the abettor shall be held responsible and would be punished for imprisonment up to fourteen years and liable to a fine.   

Let’s say Harold instigates Stephen to murder Charles, but the offence is not committed. Now, if Stephen murdered Charles, he would be held liable for punishment of imprisonment for life or death. Therefore, Harold is liable for imprisonment of up to seven years and a fine. If any hurt was inflicted upon Charles, Harold will be liable to a sentence of fourteen years with a fine.  

Section 116    

Section 116 of the Indian Penal Code deals with offences punishable with imprisonment if the offence is not committed. If the abettor or the possible perpetrator is a public servant whose duty is to prevent the offence or the commission of the offence, the punishment for the same shall extend up to one-half of the longest term, or with fine as stated for the offence, or both. Now, If the abettor abets the commission of an offence, liable with imprisonment, and if that offence is not committed, and no other express provision is made in consequence, the abettor shall be punished for any description provided for that offence for a term that may be one-fourth of the longest term for that particular offence, or with a fine, or both.  

Let’s say Kevin offers a bribe to Ava, who is a public servant, for some favour she gave him in the exercise of her official duty. But, Ava refuses the bribe ultimately. Kevin is liable for punishment under this Section.   

Section 117  

Section 117 of the Indian Penal Code states the punishment for abetting the commission of an offence by the public or by ten or more people in total. Whoever commits or abets an offence by influencing the general public or a number or class of people exceeding ten shall be punished under this Section. The punishment shall be up to three years of imprisonment, fine, or both. 

Let’s say William affixes a placard instigating a sect consisting of more than ten members to meet at a place specified in a public place. He wants to attack the members of an adverse sect by instigating them. Here, William will be liable for the above-mentioned offence.  

Section 118  

Section 118 of the Indian Penal Code deals with punishment for concealment of designs for the offence punishable with death or imprisonment for life. Whoever intends to facilitate or knows that he/she will thereby facilitate the commission of an offence punishable with death or imprisonment with life; willfully conceals the existence of a design is liable for punishment. The techniques used to do that might include an act or omission, encryption, or a hiding tool for this purpose. They must know that the representation he is making is false to conceal the existence of the design. 

Here, the offence may or may not be committed for which a fine may be imposed accordingly with the desired punishment. Let’s say it is committed, the abettor shall be punished with imprisonment of a term of up to seven years. If not committed, then the abettor shall be punished with imprisonment of up to three years, or with fine, or both.  

For example, Paula, knowing that dacoity is about to be committed at a place, falsely informs the Magistrate that it is to be committed at another place. This act of misleading the Magistrate to a whole new opposite direction with the intent to facilitate the crime led to the commission of the dacoity at the place where it was supposed to be. Here, Paula will be held liable under the Section because of the concealment of the design.  

Section 119  

Section 119 of the Indian Penal Code, 1860, states down the punishment for the offence of a public servant concealing design to commit an offence which is his duty to prevent. Whosoever being a public servant intends, facilitates, or knows that he will, by his actions, thereby facilitate the commission of an offence he is supposed to stop will be punished under this Section. The act can be of voluntary concealment by any act or omission or encryption of the existence of a design to commit such an offence. If the public servant makes any represen­tation that he knows is false will be held liable. 

Now, if the offence is committed, the punishment for such abetment shall be one-half of the longest term of the offence, or with a fine, or both. If the offence is punishable by death, the punishment for such abetment may extend to ten years.

If the offence is not committed, the punishment for such abetment shall extend up to one-fourth of the longest punishment of the offence supposed to be committed. 

Let’s say, Esther, a police officer, is bound to give information of all designs about the commission of any robbery that she gets informed about. She gets to know that Tara designs to commit robbery, and she omits to give the information with the intent to facilitate the commission of that offence. Here, Esther has concealed Tara’s design by illegal omission and is liable for punishment under this Section.         

Section 120  

Section 120 of the Indian Penal Code, 1860, deals with the punishment of concealment of designs with a punishment of imprisonment. Whoever intends to or facilitates to or knows it to be likely that he/she might facilitate an offence punishable with imprisonment voluntarily conceals, by an illegal omission or act, the existence of such a design for that particular offence. The person shall be punishable even if he/she makes any representation that he/she knows to be false in accordance with that design.  

If the offence is committed, the punishment for that abetment shall extend up to one-fourth of the longest punishment of the offence committed as a result. If the offence is not committed, the punishment for the same shall extend up to one-eight of the longest punishment for that offence, or with fine, or both.                                                                                                                                                               

Judicial pronouncements    

Pandala Venkataswami (1881)  

This ruling came in 1881 and changed the landscape for abetment laws in India. The Madras High Court held the liability of a person who prepares an intended false document in collaboration with others. He/she, if asks for the intended facts to be written in the false document or buys any stamp for the purpose of that document, shall be liable for the abetment of forgery. The simple reasoning provided by the Court depended upon the circumstances of preparation administered leading to such forgery. 

Emperor v. Mohit Kumar Mukerjee (1871)    

Sati is a historical Hindu practice where if a woman’s husband dies, she shall die too by setting herself on fire. In this case, a bunch of people kept pestering and pushing a woman to commit sati by chanting the name of the Holy Ram. They followed the woman to the fire and kept chanting Ram Ram. The Calcutta High Court held everybody who followed the woman while chanting was held guilty of abetment.  

Queen-Empress v. Sheo Dial Mal (1984)  

This case is the landmark case for abetment, and the Allahabad Court held that criminal instigation may be direct or it may be brought through letter. Let’s assume that a person writes a letter to another person instigating him/her to murder someone else. Now, if the latter receives the letter relating to the contents of such instigation, abetment by the former will be charged from thereforth on.    

Swamy Prahaladas v. the State of M.P. & Anr., 1995  

In the case of Swamy Prahaladas v. the State of M.P. & Anr. (1995), the Apex Court stated that mere comments spoken in the spur of a moment do not constitute a mens rea for which a person shall be held liable for abetment by incitement because something said in rage is not what is sufficient to prove a malafide intention. To prove that the said words were an abetment, it needs to be proved beyond a doubt that such words were a form of instigation which depends from case to case. For the case of abetment by instigation to be challenged in a court of law, the person must have urged, encouraged, provoked, or incited another person to commit the substantial offence.   

Madan Mohan Singh v. State of Gujarat, 2010  

In the case of Madan Mohan Singh v. State of Gujarat (2010), the deceased had undergone bypass surgery for his heart before the incident took place. The accused used to tell the victim to do his errands and constantly harassed him. He rebuked the victim continuously and threatened to fire him. The accused in the case was the superior officer of the deceased and gave certain orders which the deceased could not comply with, after which the accused threatened the deceased that he would suspend the deceased. Listening to all the harsh comments by the accused, the deceased committed suicide. The Apex Court held the accused not guilty of abetment by instigation by stating that if every higher official is held responsible in law for discharging their duties, then no direct nexus can be drawn as to what should not be considered as abetment.  

Protima Dutta v. State of West Bengal, 2015

In the case of Protima Dutta v. State of West Bengal (2015), the callous treatment of the petitioner’s husband and mother-in-law lead to her committing suicide. The Supreme Court held in favour of the petitioner even though there was no explicit instigation due to the illicit treatment by her family which incited her to commit suicide.  

Thakore Nitaben v. State of Gujarat, 2017 

In the case of Thakore Nitaben v. State of Gujarat, the Gujarat High Court held that mens rea is the most important constituent to commit the offence of abetment. The court also stated that, 

“intentional aiding and therefore active complicity is the gist of the offence of abetment under the third paragraph of Section 107.” 

The bench held something substantial in the judgement. Just because there are vague allegations put forward on the accused, they cannot be held liable for abetment under Section 107. Abetment of the offence of commission of suicide is a serious offence. 

Assumptions regarding the harassment of the victim, which are not proved or do not have a direct nexus, do not constitute as abetment. There needs to be a more proximate proof or allegation beyond a reasonable doubt, that the accused abetted the commission of a particular offence by their words or actions. These requisite ingredients are missing in this case.    

Sanjay @ Sanju Singh vs The State of Madhya Pradesh, 2019

In this case, the accused fought with his wife and yelled at her to go die. As a result, the wife killed herself a few days later. The Madhya Pradesh High Court held that mere words spoken in a fit of rage do not constitute abetment. Commission of the offence by abetment shall have some close proximity in date of the occurrence to prosecute a person. Several days months back brawls or arguments cannot be constituted as abetment. The accused was held not guilty of the offence on the grounds that the allegations put on him were unsustainable. 

Conclusion  

Abetment, as defined under Section 107 of the Indian Penal Code, 1860, is a gruesome offence of instigating, encouraging, and aiding a crime. Chapter XVI of the Act is dedicated to defining abetment and the punishment for abetment. The punishment of abetment differs according to the several offences committed or not committed and the circumstance of each case and scenario. It has to be noted that abetment is not an absolute crime and is read with the offence committed or supposed to be committed thereforth.      

Frequently Asked Questions (FAQs)  

In what way do abetment and abatement differ?  

Abetment and abatement are familiar words, and people always mix these two up. Abetment is the act of instigating, encouraging, or aiding the commission of an offence. Whereas abatement literally means the reduction or lessening of something, perhaps in the strength of power. 

Can an abetment charge sustain if a substantive offence is not established? 

As also held by the Supreme Court previously in the case of Madan Raj Bhandari v. the State of Rajasthan (1969), the charge for abetment cannot be laid if the substantive offence being accused of cannot be laid by the prosecution.  

Can a quarrel convict anyone under the offence of abetment or Section 306 of the IPC?  

A Bench of Justices M.R. Shah and Aniruddha Bose has already confirmed in a Supreme Court ruling of Velladurai Vs. State (2021) that mere words spoken in quarrels with one another cannot possibly result in instigations. Nobody can be held guilty of the offence under Section 306 of the IPC just because the person quarrelled with the deceased that day.  

References 


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Corporate governance in multinationals : an insight

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This article has been written by Roshni Agarwal, pursuing a Diploma in M&A, Institutional Finance and Investment Laws (PE and VC transactions) and has been edited by Oishika Banerji (Team Lawsikho). 

It has been published by Rachit Garg.

Introduction 

Corporate governance refers to the overall control over activities in a corporation. It is concerned with the formulation of long-term objectives and plans, to achieve them and to ensure a proper management structure (organization, system and people) for the enterprise and assigning responsibilities to its various constituencies.  It also involves making sure that the structure and functions of the corporation are such that its integrity is maintained. For our purpose, the structure to ensure corporate governance includes the board of directors, the management, shareholders and creditors among others. The role of each of these stakeholders is crucial to guarantee responsible corporate performance. This article is dedicated to discussing corporate governance in multinational companies in detail thereby highlighting important aspects associated with it. 

All about Multinational Corporations (MNCs) 

Multinational Corporations (MNCs) are the result of private foreign investment which can be categorized as: 

  1. Portfolio investment
  2. Direct foreign investment

Portfolio investment 

Portfolio investment involves purchasing of foreign bonds and stocks for the purpose of interest and dividend as return on investment. Here, the investor is primarily a creditor whose main concern is the income to be earned on his investment. He is not interested in acquiring any control over the management of an enterprise.

Direct foreign investment 

Direct Foreign Investment can be new equity capital reinvested earnings or net borrowing from a parent company or its affiliates. It is an investment made with the aim of acquiring a lasting interest and effective voice in the management of an enterprise. Direct investment also generally involves the transfer of packages of resources which, in addition to capital, include technological, managerial and marketing expertise. When a company goes in for foreign direct investment, it involves itself in international business and becomes an international company or an MNC.

Therefore, a multinational corporation, as per se, can be defined as a corporation whose ownership is scattered in more than one country. Products/services are generated or served in more than one country and finances, both investment and cash are integrated for use effectively and efficiently over a number of countries. 

Further, a Multinational Enterprise (MNE) is defined as one that has operating subsidiaries, branches or affiliates located in foreign countries. When the ownership of MNEs is dispersed internationally on a large scale, then, they are known as transnational corporations. One characteristic of multinational enterprises which has surfaced from all the definitions is that it is an undertaking which owns or controls productive or service facilities in more than one country. Firms that participate in international business, however large they may be, solely by exporting or by licensing technology are not multinational corporations or multinational enterprises.

International corporate governance or corporate governance in multinationals

Corporate governance in MNCs is about global consistency in international business rules. These rules, in a less comprehensive manner primarily mean the accountability of the board of directors to the shareholders and the ways by which improvement in the same can be brought. More comprehensively, these rules cover wider issues which have a bearing on the business operations and the rights of shareholders and other stakeholders. Under such, governance would include areas such as international alignment of accounting standards, rules for the efficient functioning of a corporate control market and the governance of securities markets, notably the issue of insider trading. All these things are looked after by the Securities and Exchange Board of India (SEBI) in India. 

Thus, SEBI sets governance standards so that fair treatment is ensured to the subsidiaries of MNCs which are being established in India by looking after foreign institutional investment, mergers and acquisitions, research and publications and international relations. Further, SEBI also looks after policy registration, regulation and monitoring of foreign institutional investors and substantial acquisition of shares.

The essence of corporate governance is to safeguard the interests of shareholders and stakeholders. A variety of factors that are inherent to any given business environment shape corporate governance systems in MNCs as:

  1. Efficiency of local capital markets
  2. Protection afforded by the legal system
  3. Enforcement of regulations
  4. Societal and cultural values

Principal-agent theory

This theory defines the relationship between the principal and the agent as a ‘contractual relationship’ in which the principal employs an agent to do activities on their behalf. The agent is also delegated with certain decision-making rights by the principal. But, when the ownership and control rights of an enterprise are separated, there are high chances of conflict of interests arising between the principal and the agent as the principal wants maximization of their own interests, while the agent wants the highest return with little effort.

MNCs usually have parent-subsidiary structure. The parent-subsidiary corporate governance structure is shaped by both the host and home countries:

  1.  Legal, political, cultural, and regulatory systems
  2.  The business practices and historical patterns of countries
  3. The global capital, labor, and managerial markets
  4.  Global institutional investors
  5.  The boards of directors.

Parent-subsidiary corporate governance

The governance objectives of the parent company of a multinational enterprise are different from that of a usual enterprise because of the multi-level and multi-legal characteristics of MNEs. The governance goals of MNEs are not limited to efficiency optimization and cost minimization but are focused more on the management target of extensionality, namely to establish a stable cooperation between the parent company and the subsidiaries. The subsidiaries are subject to the control and guidance of the parent company but are also independent. This makes the implementation of decision making throughout the enterprise more scientific and results in efficiency optimization. 

Thus, the multi-dimensional governance path of multinational companies is based on common collaborative governance between parent and subsidiary companies. The interests of the parent and subsidiary companies should be coordinated and all of them must be subject to the maximization of the overall interests. When the subsidiary is wholly owned by the parent company but is managed independently by a manager who has little or no ownership in the MNC or the subsidiary, then the effectiveness of parent-subsidiary corporate governance becomes crucial by way of monitoring and controlling managerial actions of the subsidiary.

The control and restraint mechanism of the parent company

Many times, conflict of interests arise between the parent company and its subsidiaries. This is because the parent company wants to exercise absolute control over its subsidiaries, while the subsidiary company wants to exercise certain independent options. Proper settlement of this issue will help both the parent and the subsidiary companies to play their best role.  The relationship between the parent and the subsidiary companies can be balanced by the type of control the parent company exercises over its subsidiaries which can be as:

Indirect control:

Under such a system of exercising control, the parent company holds the majority of the board of directors of the subsidiary company. 

Direct control:

In this, the parent company exercises overall control over its subsidiaries. 

Hybrid: 

Flexible measures taken between the above two types according to the actual situation of the host country and its subsidiaries.

Internalization theory

Scholars of the internalization theory explore the challenges associated with managing the contractual relationship that a particular MNC has with entities in its external environment such as customers, suppliers, foreign subsidiaries and business partners. This theory helps in understanding the cross-border relation between the MNC and its business partners and/or its subsidiaries. This relationship may be affected by information asymmetries and the self-serving behavior of the transacting parties. From this vantage point, internalization scholars conceptualize corporate governance in MNCs as a nexus of bureaucratic controls that supersedes market inefficiencies by coordinating economic activities across national boundaries in a more efficient manner.

According to the internalization theory, MNCs retain the ownership and control of the subsidiaries it sets up in foreign countries for protecting and leveraging firm-specific advantages (FSAs) from the foreign countries in which it has established its subsidiaries. FSAs are proprietary knowledge assets that the MNC can develop as well as exploit in order to survive, earn profit and grow.

The term ‘knowledge assets’ refers to the accumulated intellectual resources of a particular organization. It is the knowledge possessed by an organization (MNC in this case) and its workforce (can be understood as the foreign subsidiaries) in the form of information, ideas, learning, understanding, insights, cognitive and technical skills, and capabilities. Workforce, databases, documents, guides, policies and procedures, software, and patents are all repositories of an organization’s knowledge assets.  

Further, FSAs are contrasted with country-specific advantages (CSAs). CSAs include those country-level institutional conditions that may affect an MNC’s decision to develop or exploit its FSAs. These CSAs range from the quality of the overall institutional environment of the subsidiary in the foreign country to the availability of skilled labor in that country, technological know-how of the people working in the subsidiary or the natural resources available in that particular country. 

Early researchers conceptualized corporate governance in MNCs as a one-time decision made afresh only at the time when an MNC entered a new market. But, recent studies have stressed on the dynamic aspects of the approaches of the MNCs in managing their global operations. Thus, an MNC may possess FSAs that make certain modes of entry into a foreign market efficient at a specific point of time, but these same FSAs can dissolve later on. This can happen because of the developments in the field of information and communication technologies, enhanced patent rights, and new management systems emerging, which may reduce the transaction costs between the suppliers and their customers.

In addition to these external factors, when an MNC establishes subsidiaries in other countries, it needs to incur governance costs. These governance costs are the costs related to the governance of relationships between the HQ (parent company) and its subsidiary/subsidiaries. Over time, these costs may also reduce the long-term efficiency of owning a foreign subsidiary. But, anyways researchers have identified four main types of governance costs that are likely to emerge upon the establishment of a foreign subsidiary by an MNC namely:

  1.  Bargaining costs:

 These costs emerge in the renegotiations of an MNC’s agreement with its various subsidiaries.

  1. Monitoring costs:

These costs are associated with HQ’s need to establish systems aimed at reducing shirking and performance ambiguity among the people working in its foreign subsidiaries. 

  1. Information costs:

These emerge in the communication failures between HQ and its subsidiaries. They may also reduce the HQ’s effectiveness.

  1. Bonding costs:

These stem from the need to establish commitments between HQ and its subsidiaries through a series of activities.  

All you need to know about the Board of Directors

The size of the board of directors of an MNC should be reasonable. It should be determined on the basis of the governance costs and the governance benefits of the particular MNC. A smaller size of the board of directors serves advantages such as low variable cost, small chance of free-riding among directors, fast communication among them and disadvantages such as insufficient knowledge while solving complex problems related to the company, low ability of the directors in the board to control risk and mistakes made in decision-making. 

On the other hand, expansion of the size of the board of directors establishes the company’s governance on the scientific governance mechanism and thus achieves better governance results. But, with the expansion, communication among the directors becomes difficult resulting in free-riding behavior of some directors which puts more burden on the honest and hardworking directors. This will eventually have a negative effect on the overall efficiency of the board. So, the board of directors of an MNC should be a balanced senior management team composed of people from various different knowledge backgrounds and work experiences, different industry backgrounds and different interest groups.

Economic market environment

For effective corporate governance in MNEs, the economic market condition of the host country is the most important basic factor among all kinds of environmental factors that an MNC has to pay attention to before establishing a subsidiary in any country. Multinational enterprises must study the economic conditions and trends of target countries so that it gains knowledge about the market size and development prospects for establishing a subsidiary in a particular country. 

According to different levels of economic development in different countries, different governance models should be formulated for the governance of transnational corporations. This is indeed a big challenge. GDP and distribution patterns of social wealth should also be taken into account. The former reflects a country’s overall economic strength while the later reflects a country’s economic performance and development prospects in that country. Complete understanding of the host country’s economic status and development trends in that country is the key to effective governance of multinational enterprises. 

Socio-cultural environment

The corporate governance and future expansion of a multinational enterprise is affected by the social and cultural environment of the foreign countries in which they establish their subsidiaries. This is because each country has its own unique cultural environment. So, operating in different countries requires enterprises to adapt to different cultures. The cultural difference between the culture of the host country and that of the home country resulting in a difference between the main culture and the subculture of multinational companies poses a further problem. This is because the culture of a particular region cultivates a group of people’s manner of thinking, their cognition and behavior. 

Thus, when people belonging to different cultures enter multinational companies, their values and ways of thinking, to a large extent, naturally influence the policies formulated by them and their way of implementing tasks assigned to them in the multinational company. This correspondingly brings challenges in governance. The educational level of countries also plays an important role in the corporate governance of MNCs.  If the educational level of the target country is low, the parent company bears more governance pressure and cannot rely on local talents too much.

What can good corporate governance offer multinationals

Good corporate governance enhances competitiveness and makes it easier for businesses to access capital markets, which supports the expansion of financial markets and the economy. A company’s governing bodies can make decisions more effectively when corporate governance practices are improved, which should increase the effectiveness of the company’s financial and business operations. Enhancing corporate governance also strengthens the accountability framework, reducing the possibility of corporate officers engaging in fraud or self-dealing. In addition to enabling businesses to avoid expensive litigation, a good structure of governance should assist in ensuring compliance with relevant laws and regulations.

Strong governance norms promote easier access to money and support economic expansion. Additionally, corporate governance has broader institutional and social elements. The implementation of the values of justice, openness, accountability, and responsibility to both shareholders and stakeholders should be the main focus of well-designed norms of governance. Businesses need an excellent institutional environment in addition to good internal governance in order to be managed effectively and ethically. A functioning judiciary, free press, and secure private property rights are therefore vital for putting corporate governance laws and regulations into practice.

Good corporate governance ensures that businesses can be held accountable for their activities and that the business environment is fair and transparent. On the other hand, poor corporate governance results in fraud, and corruption. Also crucial to keep in mind is the importance of corporate governance in state-owned firms, cooperatives, and family businesses. Corporate governance originated as a method of managing contemporary joint stock corporations. No sort of business, only effective governance can produce long-term successful results. The integrity of businesses, financial institutions, and markets, as well as the health and stability of our economies, depend on effective corporate governance.

Conclusion

Good corporate governance, by reducing risk, lowers the cost of capital and thus creates higher firm valuation boosting real investments. Effective corporate governance mechanisms if employed in MNCs ensure better resource allocation and good management raising the return to capital. Good corporate governance also significantly reduces the risk of nation-wide financial crises.  It removes mistrust among different stakeholders, reduces legal costs and improves the social and labor relationships.

References

  1. http://hdl.handle.net/10603/261643 
  2. https://lexlife.in 
  3. https://ssrn.com 
  4. https://www.atlantis-press.com 

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All about surety’s rights to security

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This article has been written by Rashmi Sajanikar pursuing a Diploma in International Contract Negotiation, Drafting, and Enforcement and has been edited by Shashwat Kaushik.

It has been published by Rachit Garg.

Introduction

The title of this paper makes it clear that it is an exhaustive topic in which we will take a trail into the ambit of surety’s rights.

A surety is a person who guarantees in the event of a debtor’s default. Guarantees are crucial documents that minimise the risk and uncertainty of any commercial transaction. At the outset, indemnification and surety seem similar, but they differ with respect to their object and level of responsibility. The object of a contract of guarantee is the security of the creditor. A contract of indemnity is for the protection of the promisee in the event of a likely loss. The liability of a surety is coextensive with that of the primary debtor, and the liability of an indemnifier is to protect the promise made by the primary debtor in case of default.

Who is surety

‘Surety’ is a person who takes responsibility in case of default to repay the loan taken by a person who is a ‘primary debtor’ from a person who is a ‘creditor.’

Section 126 of the Indian Contract Act, 1872 states that in a contract of guarantee, a person who gives a guarantee is a “surety”. Under the Indian Contract Act, the entire role of a surety is covered from Section 126 to Section 147.  Under Section 5(22) of the Insolvency Bankruptcy Code, 2016 “personal guarantor” means an individual who is the surety in a contract of guarantee to a corporate debtor;

Let’s take a look at some important provisions pertaining to the rights of a surety. Rights and liabilities are two sides of a coin. Let’s begin with the liabilities of surety.

Liabilities of surety  

Under Section 128 of the ICA, the liability of the surety is ‘coextensive’ with that of the principal debtor unless otherwise provided by the contract. If the principal debtor’s liability is reduced, for example, by selling some of the debtor, the liability of the surety is also reduced accordingly.

In Narayan Singh vs. Chattar Singh (1973), it was held that if the principal debtor’s liability is scaled down, the liability of the surety will also pro tanto be reduced.

A suretyship agreement follows the rules of an ordinary contract. Hence, these agreements must be free from coercion, undue influence, and misrepresentation. Therefore, the creditor owes a duty to confirm the fairness and free consent criteria for the suretyship agreement. A suretyship agreement must not be an unconscionable bargain.

Discharge of surety from liability 

In the following situations, surety is discharged from liability:

  1. By  revocation of the continuing guarantee by the surety (Section 130);
  2. By surety’s death (Section 131);
  3. By variance in the terms of the contract (Section 133);
  4. By release or discharge of principal debtor (Section 135); and
  5. By creditor’s act or omission impairing surety’s eventual remedy (Section 139).

Rights of surety

Obviously, ‘surety’ cannot come forward just to repay the loan money unless he has certain rights. Here, we will discuss rights accrued to a surety after payment of a loan. The rule of equity must always be considered in the guarantee contract. Before moving to Section 140 of the Indian Contract Act, 1872, i.e., rights of surety, let’s take a look at Section 130, which speaks about revocation by the surety. This Section states that a surety may at any time revoke the continuing guarantee as to future transactions by issuing a notice to the creditor.

Thus, Section 130 of the ICA indirectly envisages the surety’s right to discharge himself from liability. An exception to Section 130 of the ICA is when the surety enters into an agreement of continuous guarantee that expressly states that this agreement is to continue and remain in operation for all future transactions. The surety would not be open to recourse under Section 130.

Another important indirect right of a surety to absolve itself from liability is under Section 133. A surety enters into a contract of guarantee and incurs liability under certain terms. If these terms are changed, surety has every right to revoke the guarantee agreement. 

A surety has threefold rights that are against the principal debtor, the creditor, and the co-sureties. 

Rights against the principal debtor

  1. Right of subrogation- When the principal debtor makes a default in payment of debt and surety makes payment of debt, surety is liable for all the rights against the principal debtor as that of the creditor. In other words, the principal debtor steps in the shoes of the creditor. (Section 140)
  2. Right of Indemnity against the principal debtor- In case the principal debtor makes default in payment of a debt, Surety has to pay off the debt. Such rightfully paid sum under guarantee can be recovered by surety from the principal debt. Surety can not recover wrongfully paid debt. (Section 145)

Rights against the creditor

The surety is entitled to benefit from every security that the creditor has at the time when the contract of suretyship is entered into. If the creditor chooses to recover debt from the surety instead of the principal debtor, the surety will have the same rights as the creditor, whether the surety knows of the existence of such a security or not. If the creditor loses such security without the consent of the surety. The surety is discharged to the extent of the value of the security.

Here we are considering a few scenarios to illustrate rights against creditors.

  1. When the creditor receives securities at the time of the contract of guarantee.

If the creditor loses securities that he had at the time of the contract of guarantee, it results in the discharge of the surety’s liability to that extent.

For example- A gives an advance of Rs. 3000 to B. For this transaction, C is surety. B’s bicycle is also mortgaged to A for Rs. 3000 as additional security. A cancels a mortgage, and B becomes insolvent. Then C is discharged from the loan liability to the extent of the price of the bicycle.

  1. When the creditor loses securities.

The surety gets discharged from his liabilities if the creditor loses the securities. If, however, the hypothecated securities are lost without any negligence on the part of the creditor, the surety is not discharged.

  1. When the creditor receives securities, after the contract of guarantee.

Section 141 of the ICA states that a surety is entitled to the benefit of every security that the creditor has at the time when the contract of suretyship is entered into. Hence, if a creditor parted with the securities that he had obtained subsequent to the contract of guarantee, the surety would not be discharged as a consequence of the loss of such securities.

This point of a surety’s right is different in India and the UK. As per English law, a surety is liable for the benefit with respect to those securities that the creditor received after making the contract of guarantee.

  1. When the creditor has no possession of goods

Section 141 covers situations where the goods are in the possession of the creditor. For hypothecation, goods remain in the possession of the principal debtor. Thus, in the case of hypothecated goods, the creditor does not have possession of the goods, and the surety can not ask for rights.

Rights against the co-sureties

  1. Right of contribution against co-sureties (Section 146)

Section 146 speaks about equal contributions by the co-sureties when a guarantee agreement fulfils the following conditions.

  1. When two or more persons are co sureties; 
  2. For the same debt or duty;
  3. Jointly or severally; 
  4. For same or different contracts; 
  5. With or without the knowledge of each other;
  6. No contract to the contrary.
  7. Co-sureties bound in different sums (Section 147)

Section 147 speaks about the different contribution amounts made by each surety. Then, in such cases, each surety is liable to pay equally as far as the limits of their respective obligations permit. If one of the co-sureties is released from liability, the other co-sureties may still be liable.

Surety’s rights vis-a-vis bank guarantee

A bank guarantee is the most important and reliable type of guarantee in today’s business world. Bank guarantees mitigate risk in commercial transactions. A bank guarantee is a guarantee given by the bank so that if there is a failure on the part of the debtor or creditor, the bank will indemnify the party who has suffered the loss. Courts in India consistently held that the contract created between the creditor and the bank is separate from the original contract between the buyer and the seller, and because the bank’s undertaking to the creditor is absolute and unconditional, there is no need for any interventions from courts, as interventions from courts may destroy the very essence of the bank guarantee.

Rights of the bank as a surety

As stated above, courts in India are not inclined towards interfering in bank guarantee agreements or granting an injunction to restrain a bank guarantee. However, Indian courts do recognise the rights of a bank as a surety, even if the guarantee is unconditional and irrevocable, and allow banks to revoke their guarantee in the case of the following two exceptions.

  1. Fraud

By applying the basic principles of fair and informed contract acceptance, any kind of fraud vitiates the bank guarantee agreement.

  1. Irretrievable harm or injustice

If allowing the encashment of an unconditional bank guarantee would result in irretrievable harm or injustice to one of the parties, the bank, as a surety, has every right to not adhere to the guarantee agreement.

Judicial precedents

State of Madhya Pradesh vs. Kaluram (1966)

In this case,  an auction was held by the forest officer in the state of Madhya Pradesh for the sale of fallen trees. Jagatram won the auction as he was the highest bidder, and the contract was executed between Jagtram and the Government of MP, where it was decided that the payment would be made in instalments. Nathuram and Kaluram were made sureties in the event of a default in payment by Jagatram. Jagatram cleared the trees and made the first instalment, but he failed to pay the due amount of the second instalment. So the surety was asked to pay the outstanding amount as listed in the contract. The Hon’ble Supreme Court held that the authorities were negligent and should not have let Jagatram  clear the forest without the complete payment of the loan. The Court was of the view that this mistake was on the part of the creditor, so the surety cannot be held liable to pay the amount.

Rajappan vs. Associated Industries Pvt. Ltd. (1990)

In this case, an agreement of guarantee was drafted between the plaintiff and the defendant on account of a loan given to him. The plaintiff is the creditor, the first defendant is the principal debtor, and the second defendant is the surety. At the time of the signing of the contract, the second defendant, who is the surety, didn’t actually sign it and left the plaintiff’s office, stating that he was getting late for some urgent business and told them that he would sign it later. When the principal debtor failed to clear the debt, the creditor asked the surety to pay the money. But the surety refused to pay the outstanding amount because he never actually signed the contract. The plaintiff filed a suit in this regard. The Hon’ble Kerala High Court said that the surety cannot take the defence of not signing the contract and cannot be discharged from his liability. The Court further stated that it’s not necessary to sign the contract, but implied consent would also be considered consent.

Conclusion

Surety gives certainty to many business transactions. Most of the time, the rights of the surety arise after the surety pays money after the principal debtor defaults. As considered above, the surety’s rights are different for the creditor, the principal debtor, and other co-sureties. It is a duty of the judiciary to protect the interests of a surety who has given timely help in a crisis or who has helped in uplifting any business venture. 

References


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All about West Bengal Judiciary (WBJS) exam

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This article is written by Satyaki Deb (Associate, iPleaders) and edited by Vanshika Kapoor (Senior Managing Editor, Blog iPleaders). This article will cover in detail eligibility criteria, syllabus, previous years’ question papers, application process,  books to refer, tips and tricks for preparation, previous years’ cut-offs, and a ton of FAQs that you might have in mind while preparing for the West Bengal Judicial Service Examination. 

Table of Contents

Overview of the West Bengal Judicial Services Exam

Law graduates who wish to become members of the subordinate judiciary in West Bengal should write the entry-level exam, which is the Judiciary Exam or the PCS (J) – Provincial Civil Service (Judicial Examination). 

This exam is uniformly divided into 3 stages across all states in India, namely: 

  1. Preliminary; 
  2. Mains; and 
  3. Interview.

The West Bengal State Government, through the State Public Service Commission, under the supervision of the Hon’ble Calcutta High Court, appoints members of the subordinate judiciary.

The selection process is further dependent on yearly vacancies/ number of seats.

Judicial services offer several attractive perks that include a handsome salary and privileges, including, among others: rent-free accommodation, fuel allowances, subsidised electricity and water supplies, telephone allowances, reimbursement for medical expenses, etc.

Eligibility criteria to appear for West Bengal Judicial Services Exam

A candidate needs to fulfil ALL the following eligibility criteria to appear for the WBJS examination:

  • A citizen of India, or such a person of other nationality as declared eligible by the Government of India; 
  • A degree in Law from any University, or Institution affiliated with any University recognized by the State Government, or the Central Government; 
  • Enrolment as an advocate in the roll of the Bar Council of any State or Union Territory in India on the date of advertisement for the examination. The candidate must fit in the definition of an advocate as envisaged under Section 49 of the Advocates Act, 1961, and as interpreted by the Hon’ble Supreme Court in Dipak Agarwal vs. Keshab Koushik (2013)
  • Ability to read, write, and speak in Bengali (not required for those candidates whose mother tongue is Nepali).
  • The candidate should possess good health and character, and suitability for appointment to government service in all respects. This means that the candidate should not have his or her name in criminal case(s), should not be a bankrupt or insolvent person, etc.

Age criteria to appear for the West Bengal Judicial Services Exam

A candidate needs to fall under ANY of the following age criteria to appear for the WBJS examination:

Age criteria for general candidates

  • The candidate should not be less than 23 years and not more than 35 years on the date of advertisement for examination. For example:- If the date of advertisement for the examination is 30.12.2022, then the candidate should not be born earlier than 31.12.1987 and not later than 30.12.1999.

Age criteria for SC/ST/OBC/PwBD candidates

  • The upper age limit is relaxable by 5 years for SC & ST candidates, by 3 years for O.B.C. (Non-Creamy Layer) candidates, and up to 45 years of age for Persons with Disabilities having a physical disability of 40% and above.

Age criteria for government employee candidates

  • A candidate can also claim age relaxation as a government employee by 2 years provided he or she has been in government service for two years, but in such case, the appointing authority should provide a certificate showing continuous service by the candidate under the government, and the same should be produced as and when demanded. For example:- An Assistant Public Prosecutor (APP) can claim these 2 years of age relaxation if he or she has been continuously serving in such government capacity for at least 2 years.

Document required for age proof

  • For determining eligibility with regard to age, only the birthdate mentioned in the candidate’s Madhyamik (Class X Boards) or equivalent exams is considered. No other age proof will be accepted in this regard.

Is there any limit on the number of attempts for the WBJS Exam

Candidates do not have unlimited attempts to appear for the WBJS examination. The attempt limit for appearing in the WBJS Examination are as follows:

  • General candidates can appear a maximum of three times.
  • Candidates who belong to SC/ST/O.B.C. can appear a maximum of five times. 

Please note: All other candidates can appear no more than three times.

Judiciary Preparation

Syllabus and exam pattern for the WBJS exam

WBJS Preliminary Examination

To check previous years’ Preliminary West Bengal Judicial Services exam question papers, click here.

The Preliminary Examination will consist of one Objective Type paper containing 200 Multiple Choice Questions (MCQs). There are no optional questions in these 200 questions. The question booklet shall have instructions on how to attempt all the questions, and all 200 questions have one mark each.

The paper will carry 200 marks, with a negative marking of 0.33 marks (i.e., one-third negative marking). The negative marking scheme shall also be printed on the front page of the question booklet containing MCQs. The time allotted to complete this exam is 2 hours and 30 minutes. The standard of the prelims examination is as expected of any graduate in law from any recognized university.

A thorough division of the syllabus-to-marks ratio is given below, and the prelims paper shall include questions covering these areas:

  • English Composition: 30 marks
  • General Knowledge, Current Affairs, and Test of Reasoning: 40 marks
  • Indian Constitution: 20 marks
  • Law of Contracts and Torts: 20 marks
  • Laws of Evidence: 20 marks 
  • Civil Procedure Codes: 20 marks 
  • Criminal Procedure Code and Indian Penal Code: 20 marks 
  • Personal Law: 10 marks 
  • Law of Limitation: 20 marks 

Syllabus for English in Preliminary Examination

Questions on English Composition will cover synonyms, antonyms, idioms and phrases, vocabulary tests, phrasal verbs, the same words bearing more than one meaning, use of appropriate and qualifying words, etc. 

WBJS Mains Examination or Final Examination (Total-1100 marks)

To check previous years’ Mains West Bengal Judicial Services exam question papers, click here.

The Mains Examination will consist of eight compulsory papers and three papers on optional subjects to be chosen by the candidates from the list of Optional Subjects. These will be held conventionally, i.e., in written mode. Each compulsory and optional paper will carry 100 marks and with a time duration of 3 hours. So, comprehensively, there are 8 law papers and 3 non-law papers (1 English paper, 1 first language paper, and 1 GK and Current Affairs paper) in the final examination. This makes the total of the written papers 1100 marks (11✕100=1100).

The standard of examination for all the compulsory and optional papers shall be that of an LL.B. degree from Calcutta University. Candidates must write their papers either in English or in Bengali (unless otherwise directed in the question papers) except in the language papers.

Quick tip: Candidates should use their words judiciously and with proper clarity in all written papers because answers written with an original approach and proper economy of words will get due credit from the examiners.

Compulsory Papers

The compulsory papers in the final examination of WBJS are as follows:

  1. English Composition, essay, and précis writing; 
  2. Bengali/Hindi/Urdu/Nepali/Santali composition, essay and translation from English into Bengali/Hindi/Urdu /Nepali/Santali; 
  3. General Knowledge and Current Affairs; 
  4. Civil Procedure Code; 
  5. Criminal Procedure Code and Indian Penal Code; 
  6. Indian Evidence Act; 
  7. Law of Contracts and Torts; and 
  8. Transfer of Property Act. 

Optional Papers (any three to be chosen) 

Candidates need to choose any three from the following list of optional papers:

  1. Hindu Law; 
  2. Muhammadan Law; 
  3. Jurisprudence and principles of legislation; 
  4. Indian Law relating to Companies and Insurance; 
  5. Principles of Equity, including the Law of Trusts and Specific Relief; 
  6. Partnership Act; 
  7. Law of Limitation and Law of Prescription; and
  8. The Indian Constitution and Constitutional Law. 

Interview/ Personality Test (100 marks)

This particular part of the examination will include questions ranging from both national and international issues. The subjects in the mains (final) exam are also included in the interview. The candidates are also observed for how they respond to the questions under pressure.

Deduction of marks in the West Bengal Judiciary Exam 

Candidates need to be very mindful of the following:

  • In the Preliminary Examination, for every 3 wrong answers, 1 mark will be deducted. In other words, there shall be a one-third negative marking scheme. 

For example:- A candidate who has made 10 wrong answers in the prelims will have a penalty of 10✕0.33 marks, i.e., 3.3 marks.

  • In the Mains or Final Examination, 10% of the full marks in the instant paper shall be deducted from the total marks obtained by the candidate if the candidate has disclosed his/her identity by writing his/her name, roll number, or any identifying marks anywhere in the answer book other than the space provided in the answer scripts, if any.

Final Merit List of the West Bengal Judiciary Exam 

Candidates should note that the preliminary examination (or prelims examination, as it is known in common parlance) is only a qualifying examination. In other words, marks obtained in the prelims shall not be counted when making the final merit list of WBJS.

Only the total marks obtained in the Mains or Final examination and the Personality Test cumulatively shall be used for the final merit list. So, the total marks are 1200 (1100 marks for written exams + 100 marks for the interview).

There are no separate qualifying marks for each written paper in the Main examination and the Personality Test. The State Public Service Commission reserves the right to determine the qualifying marks as an aggregate. The State Commission publishes on its official site the final merit list, usually in 1–2 months’ time from the interview.

It should also be noted that the final merit list of selected candidates is only provisional in nature and subject to the fulfilment of eligibility criteria, document verification, police verification, etc.

Contract drafting

How to apply for the West Bengal Judicial Services Exam

Before we look at the steps to apply for the WBJS Examination, let us look at the fee structure for the same. 

Fees for the WBJS Examination

The application fee for online payment through debit/credit card is Rs. 210/- (Rupees two hundred ten only) plus a service charge of 1% of the Examination Fee, subject to a minimum of Rs. 5/- (Rupees Five only). For Net Banking, there is a service charge/ GST as applicable, which is considered as the Government Duty or Service Charge of Rs. 5/- (Rupees Five only). Alternatively, for payment through the Bank Counter (offline payment), there is a service charge of Rs. 20/- (Rupees Twenty only).

However, SC/ST candidates of West Bengal and Persons with Benchmark Disabilities (PwBD) with a physical disability of 40% and above are exempted from paying any fee. OBC candidates, on the other hand, are required to pay the usual fee mentioned above. Please note that SC/ST candidates from other states are not eligible for fee exemption. Refunds for the fee or reserving it for other examinations will not be entertained.

Steps to fill out the West Bengal Judiciary application form

The following are the steps to be followed for applying to the WBJS Examination:

Step 1: Create a new login ID for new candidates

All new candidates, meaning those who are appearing for the first time, are required to register as a “New User” and enrol on the official website of the West Bengal State Public Service  Commission before proceeding to fill out the West Bengal Judicial Services Application Form.

Next, the candidates need to provide the following essential details to create a login ID:

– Full Name

– Date of Birth

– Mobile Number

– Email ID

It is also recommended to make a note of the password used for creating the login ID. 

Once the above steps are followed, the candidate should press the “submit” button. After successfully completing the registration process, the applicant’s login credentials will be sent to the registered email address. 

It is advisable for the applicant to mark this email as important for future reference.

Kindly note: The email address and date of birth entered during the new candidate registration process will be used to log in to the website when filling out the West Bengal Judiciary application form online.

Step 2: Filling the West Bengal Judicial Service Exam application form

Log in using the credentials (login ID and password) that were sent to your registered email address. Select the option of the ‘Existing User’ tab to proceed with completing the application process.

Once logged in, you will receive a verification code. Please enter the code and select the ‘Submit’ option. 

Carefully fill in all the required details in the form. It’s important to note that your eligibility for the exam will be determined based on the information you provide. Pay extra attention while filling out the form, especially when providing details such as qualifications and caste.

After entering the required details, provide additional relevant information, including your preferred examination centre, parent’s details, gender, nationality, academic information, residential address, and contact details.

Once all the details are entered, click on the ‘SAVE’ button to save your progress and complete the application form.

If you happen to notice any errors in the details you entered, you can log in again using the same Email ID and Date of Birth. Once you make the necessary changes, be sure to click on the ‘SAVE’ icon.

Step 3: Uploading photograph and signature

Following the previous steps, you will need to upload your photograph and signature. Here are some tips to consider:

Photograph

– Ensure the photograph is a recent passport-size coloured image.

– The image should be in colour, taken against a light-coloured background (preferably white), and without any dark shadows.

– If you wear glasses, make sure there are no reflections on the lenses or glass. Also, ensure your ears are clearly visible in the photograph.

– Avoid wearing dark glasses, caps, hats, etc. However, religious headwear is permitted as long as it does not cover your face.

– Scan and upload the photograph in .jpg/.jpeg format, with a file size ranging from 50-100 kb.

– After uploading the photograph, click on the ‘Next’ button to continue the application process.

Signature

– Make your signature on a white paper using a black pen.

– Scan only the signature portion, not the entire page.

– The image size should not exceed 50 kb.

– It is important to note that the uploaded signature will be compared with the one made on the answer sheet during the written test and interview. Therefore, ensure your signature matches to avoid any complications.

– Scan and upload the signature in .jpg/.jpeg format, with a file size ranging from 20-50 kb.

Step 4: Making payment of the West Bengal Judicial Service Examination application fee, 2023

Candidates can pay the application fee for the West Bengal Judicial Service Examination through a debit card or net banking. It is advisable to have your debit card or internet banking information readily available before making the payment.

The application fee varies based on the candidate’s category (general or reserved), which will be further explained in the above passages. To complete the process, candidates can obtain a printout of the online West Bengal Judiciary application form by selecting the ‘Already Logged In Candidate’ option.

How to check the results for WBJS Exam

To check the results for the West Bengal Judicial Service Examination, follow these steps:

1. Visit the official website of the West Bengal State Public Service Commission.

2. Look for the “Results” or “Examination Results” section on the website.

3. Click on the link provided for the West Bengal Judicial Service Examination with respect to the advertisement number of your exam. For example- if you appeared for WBJS 2022, the results of the same will be displayed with the corresponding advertisement no. 19/2022.

4. You will be redirected to a new page or a PDF file containing the list of qualified candidates.

5. Search for your name or roll number in the list to see if you have qualified.

6. If your name appears on the list, congratulations! You have passed the examination.

7. Make sure to save a copy of the result or take a printout for future reference.

Tips and tricks to prepare for the West Bengal Judicial Services Preliminary Exam

The candidates should follow the following tips in order to maximise their chances of clearing the WBJS Preliminary Exam:-

  • Reading English and Bengali newspapers, general knowledge, and recent judgments on a daily basis would increase one’s knowledge and greatly help the candidate in the WBJS prelims examination as well as the general knowledge and current affairs will help in the mains examination.
  • Time management is a very important skill that all aspirants must practise. No matter which year of law school the candidate is in or even if the candidate is in his or her drop year, proper time management skills will not only help the candidate in their preparation but will also help the candidate in finishing all answers properly in the examination hall. Proper weekly mock tests and periodical feedback from mentors will go a long way in honing the time management skills of the candidates.
  • Finish marking your correct options in the MCQs (Prelims exam) in the Question Paper first to avoid any confusion later in the OMR sheet.
  • If you are marking the answers in the Question Paper first, then try and finish it at least 1 ½ hours before because darkening the circles in the OMR sheet takes at least 1 hour for an average student with good handwriting speed. Even if you know all the correct answers, failing to keep up with time will lead to an incomplete OMR sheet, which happens with most of the students appearing for the first time. To check your speed, give a lot of Mock tests for the Preliminary Exam.
  • There is a negative marking of one-third marks for every wrong answer of the candidate. So, candidates should only answer those questions that they are sure of or can make calculated guesses.
  • Read the Admit Card well to understand what documents and other requirements you need to meet for your Exam. An admit card for WBJS is given for each stage of the exam. There will be a separate Admit Card for Prelims, a separate one for Mains, and a separate one for the Personality Test.  
  • Candidates should read the WBJS exam announcement by the State Public Service Commission thoroughly and understand the syllabus, the schemes, and every other nuance mentioned in the same.
  • Don’t waste your full year only preparing for the Preliminary Exam. You have to start preparing for the Preliminary and Mains together, as the duration between Prelims and Mains is too short for preparing and clearing the Mains.

Tips and tricks to prepare for the West Bengal Judicial Services Mains or final exam

The candidates should follow the following tips in order to maximise their chances of clearing the mains or final examination:-

  • The Mains preparation should be started along with the preliminary examination’s preparation and not be left for the short time between the preliminary and final examinations. Infact, a candidate would benefit from a ‘Reverse Preparation’ technique where they will prepare for the Mains first, which will automatically prepare them for the Prelims and they will be able to complete their massive Mains syllabus too.
  • The question paper pattern should be followed for the last ten years, and optional papers should be chosen based on past exam patterns and the strong suites of the candidates. It is always advisable to choose to score papers.
  • Since the syllabus of the eleven papers of the mains examination is like an ocean, it is quite easily possible to feel overwhelmed or lost during the preparation phase. In such situations, one should remind themselves of the reasons why they set out on this long and glorious journey in the first place. Thereafter, they should use the past year’s question papers, especially those of the last ten years, as a compass to guide them during this long journey that tests the mettle of every candidate. Remember, it is not at all about who knows the most laws; it is about who can know the most laws and apply them while handling the pressure of such a long preparation phase that spans over for at least a year and usually more.
  • The mains or written examination, checks the candidates’ subject matter clarity and also their ability to use such knowledge and skills in a very hectic routine. This is because the written examinations are conducted mostly in two shifts: one in the morning and one in the afternoon, in a back-to-back manner, almost every day with a rare exception to national or state holidays in between.
  • The candidates should mentally prepare themselves to endure this hectic schedule from the very beginning of their preparation and when they take the weekly mock tests, it is highly recommended that they take such mocks in a similar manner. In other words, if two mock examinations are taken in a week, they should ideally be arranged on the same day of the week. For example:- The Indian Evidence Act mock can be taken in the morning shift (09.00 AM – 12.00 PM) and CrPC and IPC paper mock can be taken in the afternoon shift (02.00 PM – 05.00 PM) on the same Saturday.
  • Since the standard of examination in the Law papers (both Compulsory and Optional) will be that of the LL.B. Degree of Calcutta University, it is highly recommended that the candidates start their preparation by looking at the semester question papers of Calcutta University and gradually move onto the past year question papers of the Mains examination.
  • For English and First Language preparation, reading the editorials of newspapers and solving essays in the line of past year’s questions will greatly increase your abilities in them. But do not stress too much about the language papers and mess up your preparation of the eight law papers. Remember that you can have a bad exam or even a bad day of two exams in the mains, but it is important to stay optimistic and focus on the upcoming exams.
Criminal litigation

Tips and tricks to prepare for the Personality Test or WBJS Interview 

The candidates should follow the following tips in order to maximise their chances of clearing the personality test or interview:-

  • Wear formal attire with colours that are pleasing to the eyes. Remember, your knowledge has already been tested in the Mains examination, and you are in the interview where your personality is going to be judged.
  • In the personality test, one is judged on the confidence and ability to effectively communicate and manifest their commitment to the post. It shall include, both legal and personal questions, which a candidate must prepare for from the very beginning.
  • Practise mock interviews with your mentors or friends who can give you constructive feedback. Also, ensure to practise speaking in front of mirrors.
  • Revise your study notes as much as possible and stress on latest legal developments, if any. Also, prefer to read that day’s newspaper at least before going to the interview.
  • Avoid looking up at the ceiling when thinking or constructing your answer, instead, it is always better to gaze a little downward while you are formulating your answer mentally, if you need time to answer.
  • Never bluff the interview panel. The interview panel usually consists of the State Public Service Commission Chairman, High Court Justices, members of the Higher Judiciary, etc. If you lie, bluff, or argue with them in an unprofessional manner, you will greatly diminish your chances, and you surely don’t want that.
  • If you do not know the answer to any question or are not entirely sure about the correct answer, apologise and do not beat around the bush.

Previous years’ cut-offs for the West Bengal Judicial Services Exam

The following are some of the cut-offs for the last few years in the WBJS examination:-

WBJS Prelims cut-off

2022 prelims cut-off

CategoryCut-off marks
General94.22
OBC-A90.19
OBC-B89.42
SC84.19
ST68.56
PwBD27.52

2021 prelims cut-off

CategoryCut-off marksNo. of candidates
General123.6791 (including 6 OBC-A, 5 BC-B, 4 SC & 1 PH-OH)
OBC-A84.6720
OBC-B95.6710
SC93.3320 (including 1 PH-OH)

2020 prelims cut-off

CategoryCut-off marks
General95.3333
OBC-A64.3333
OBC-B69.3333
SC69.6667
ST68.3333
PH (LD & HI)28.0000

2019 prelims cut-off

CategoryCut-off marks
General72.64
OBC-A64.24
OBC-B72.64
SC72.64
ST52.42
PH (LD & HI)54.37

WBJS Mains or Final cut-off

2020 Mains or Final cut-off

CategoryCut-off marks (out of 1100 )
Unreserved (UR)565.0
OBC-A525.5
OBC-B524.5
SC531.0 
ST512.5
PH (LD & HI)402.0

2019 Mains or Final cut-off

CategoryCut-off marks (out of 1100 )
General539.0
OBC-A516.0
OBC-B539.0
SC522.5
ST514.5
PH-HI464.5
PH-OH462.5

Frequently Asked Questions (FAQs) on West Bengal Judicial Services Examination

How is WBJS examination held?

The WBJS examination is held in three stages, viz- 

  • the preliminary examination (qualifying or screening test only);
  • the mains or final examination (written examination); and 
  • the personality test or the interview.

The marks obtained in the prelims are not considered for the final merit list. The final merit list is decided based on the total marks obtained by the candidates in the mains or final examination and the personality test.

What is the timeline of the WBJS examination?

The whole process of the examination takes about a year to complete. Though the day, date, month and the gap between the 3 stages (prelims, mains and interview) of the WBJS exam cannot be predicted, still according to the WBJS exams held previously, a tentative timeline can be predicted.

Before COVID, the notification of WBJS exams used to come in the month of February-March. Generally, the prelims exam is held within a month and the result for the same is published within 10 days. The Mains exam is thereafter held within 30 days after the publication of the results of the prelims exam. The result for Mains Exam is published within 2 months of the Mains Exam and Interview is held within 20-30 days after the publication of the Mains results. This was the case before COVID.

After COVID, since every exam schedule was disturbed due to lockdown, we saw a change in the timeline of WBJS, too, when the notification for the 2022 WBJS Exam came in December last year and the Preliminary Exam was held on 26th March, 2023 from 12:00 noon to 2:30 pm. with centres in Kolkata and Darjeeling. The Mains was held from 4th May, 2023 to 13th May, 2023. 

The interview will probably take place in the month of September-October. The results i.e., the final merit list can come out by November end.

What is the exam pattern of the 3 stages of the West Bengal Judicial Services Exam?

The marks pattern and the time-limit distributed in the above-mentioned 3 stages of WBJS are as follows:

 Stage of examinationType of questionsNo. of Papers Duration No. of Questions Full Marks 
1. Preliminary Exam Objective or Multiple Choice Questions (MCQ Type)  Only 1  2 ½ hrs 200 MCQS(Details given above200  Marks 
2. Mains or Final Examination Conventional Type – Written or Subjective Exam 8 Compulsory Paper  &  3 Optional Papers    (Making it to Total of 11 Papers) Each paper for 3 hrs Details given above.Each Paper will carry 100 Marks  (Total Marks in MAINS is 1100 Marks)  
3. Personality Test  Interview – Depends but Generally from 15 mins to an hour ( Can be less or more)  100 Marks 
M&A

What is the format of WBJS Preliminary Exam?

The Preliminary Exam will consist of one paper of Objective Type containing 200 MCQS.  The paper will carry 200 marks and will be of 2 ½   hours’ duration. There shall be a negative marking of 0.33 marks for every wrong answer. In other words, there shall be a one-third negative marking scheme. Every MCQ shall have four options (A, B, C and D) out of which the candidate has to choose the right or best option.

The question paper booklet will have various sets to avoid cheating in the examination hall. The negative marking scheme will be written in bold on the front page of the question paper booklet.

What is the syllabus for West Bengal Judicial Services Preliminary Exam?

The prelims paper shall include questions covering these areas:

  • English Composition: 30 marks
  • General Knowledge, Current Affairs and Test of Reasoning: 40 marks
  • Indian Constitution: 20 marks
  • Law of Contracts and Torts: 20 marks 
  • Laws of Evidence: 20 marks 
  • Civil Procedure Codes: 20 marks 
  • Criminal Procedure Code and Indian Penal Code: 20 marks 
  • Personal Law: 10 marks 
  • Law of Limitation: 20 marks 

Questions on English Composition will cover synonyms, antonyms, idioms and phrases, vocabulary tests, phrasal verbs, the same words bearing more than one meaning, use of appropriate and qualifying words etc. The standard of the prelims examination is as expected of any graduate in law from any recognized university.

Is there a provision for negative marking in WBJS Preliminary Exam?

There shall be a one-third negative marking scheme in the WBJS preliminary examination. Every correct answer carries 1 mark equally. So, there shall be a negative marking of 0.33 marks for every wrong answer. In other words, for example: If a candidate answers 120 questions correctly and 10 questions incorrectly out of the total 200 questions, his or her prelims marks will be calculated as follows- [(120×1)-(10×0.33)]=(120-3.33)=116.67

Is there any specific rule followed in WBJS Preliminary Examination?

Candidates should note that they should use only Black Ball Point Pen to darken the circle in the OMR sheet against the corresponding correct option of the question booklet deemed right or best by the candidate. One and only one circle is to be fully blackened for an answer. Any spot in another circle (multiple circles) or in the wrong circle will be considered to be the wrong answer and will result in a negative marking. It should also be remembered that the use of whiteners is strictly prohibited. OMR sheets should not be folded in any manner as the same may result in creases or smudging of ink from filled options and may lead to errors in the calculation of marks. 

What is the format for WBJS Mains (Final) Examination?

The Final examination will consist of eight compulsory papers and three papers on optional subjects to be chosen by the candidates from the list of Optional Subjects. Each compulsory and Optional paper will carry 100 marks and will be of three hours duration. So, basically, there shall be eight law papers in total and three non-law papers (1 English paper, 1 first language paper and 1 GK & Current Affairs paper). The exams are held in two halves and are mostly scheduled back-to-back. For example:- the Mains exam will start with First Language Examination from 09.00 AM – 12 PM and English will start from 02.00 PM-05.00 PM on the same day. The very next day will have GK and Current Affairs paper in the morning shift and CPC (Civil Procedure Code) paper in the afternoon shift. The exams mostly continue in a back-to-back fashion like this.

What is the marking scheme for WBJS Mains (Final) Examination?

There are 11 papers total in the WBJS  Mains (Final) Examination, and each paper has full marks of 100 marks. So, the total mark is 11×100=1100. 

How should I prepare my answers for the West Bengal Judicial Services Mains Exam?

The standard of examination in Law papers (both Compulsory and Optional) will be that of the LL.B. Degree from Calcutta University. All answers must be written either in English or in Bengali (unless otherwise directed in the question papers) except in the language papers. Candidates should use their words judiciously and with proper clarity in all written papers because answers written with an original approach and proper economy of words will get due credit from the examiners.

Is there any specific rule followed in the West Bengal Judicial Services Mains Exam?

In the Mains or Final Examination, 10% of the full marks in the instant paper shall be deducted from the total marks obtained by the candidate if the candidate has disclosed his/her identity by writing his/her name or roll number or any identifying marks anywhere in the answer book other than the space provided in the answer scripts, if any.

How to start preparing for the West Bengal Judiciary Exam?

  • The candidates should ideally start their preparation as early as possible, preferably from the first or second year of  law school, to increase their chances of selection. But this does not mean that law students who are in their senior years at law school or have taken drop years or are practising in courts should lose hope, thinking that the judiciary exam is beyond their capabilities. No matter what level the candidate is in, the day the candidate decides to sit for the judicial examination (provided the eligibility criteria are met), the candidate should sincerely start preparing for the examination in an optimistic manner. There are many instances where candidates crack examinations in their final third attempts or crack after they have taken a gap year or under very difficult circumstances. Staying optimistic and preparing with your best efforts is the most important factor because best efforts may not give the best results, but best efforts never go in vain.
  • The preparation for the preliminary and Mains examinations should be taken in a parallel manner and comprehensively. The last ten years’ papers of the preliminary and the Mains examinations should be thoroughly referred to by the candidates and the patterns of the same should be noted down. Thereafter, preparation must be taken comprehensively based on such patterns of the past ten years.
  • Proper weekly mock tests and periodical feedback from mentors should be taken by the candidates to measure their progress. It must be remembered that judicial preparation for WBJS is like a marathon and not a sprint. So, the candidates should pace themselves and prepare accordingly for the entire duration of their preparation from the start till the interview date.

What things to keep in mind during the West Bengal Judiciary Exam?

The following things should be kept in mind during the WBJS examination:-

  • No answer should be marked blindly in the preliminary examination, as the prelims exam has a high penalty of 0.33 marks for every wrong answer. In such highly competitive examinations like this, for mere decimals of marks, many candidates lose out on their dreams every year. So, only the choices where the candidates are certain or can make strategic or calculated guesses should only be attempted based on individual preparation level.
  • The candidates should not forget to carry their admit cards to the examination hall. A candidate without an admit card will not be permitted to take the examination.
  • Candidates must enter the examination venue as mentioned in their admit cards. Candidates shall not be allowed to enter the examination halls of other venues under any circumstances.
  • In the preliminary examination, the candidates must use only Black Ball Point Pen to darken their answers in the OMR sheets. Pencils or other types of pens should not be used under any circumstances. The OMR sheets should not be folded in any manner by the candidates as the same can result in smudges or can cause creases which can result in erroneous marks while being mechanically checked. For any such errors caused, the candidate alone shall be responsible. Also, the use of whiteners on OMR sheets is strictly prohibited.
  • The candidate should in no manner disclose his or her identity in the answer script other than the place designated for the same, if any. Otherwise, 10% of the full marks in the instant paper shall be deducted from the total marks obtained by such a candidate.
  • The candidates should revise everything in advance and leave nothing for the final day revision. This is because every day, two papers will be conducted in the Mains written examination and the same can get very hectic. Only minor or very efficient revisions are possible on exam eves.
  • The candidates must obey the exam invigilators or supervisors under all circumstances and any disorderly or improper conduct by any candidate can result in expulsion from the examination hall and further disciplinary action can be taken by the State Public Service Commission as they deem fit if such candidate is reported against by the Supervisor of the examination centre. In worst-case scenarios, such a candidate can be banned from future examinations of the Commission and/ or may even face criminal charges.
  • The use of mobile phones, smart watches, Bluetooth devices or any communication devices as such is strictly prohibited and if caught, strict disciplinary action will be taken against the candidate including banning in the present and future examinations.
  • Candidates should cooperate with the examination invigilators when they are frisked for mobile phones before their entry into the examination halls. Separate arrangements will be made for male and female candidates.
  • In the conventional papers i.e., the Mains or final examination consisting of all the 11 written papers, answers should be given in chronological order.
  • In the conventional papers i.e., the Mains or final examination, the candidates must write in either English or Bengali unless otherwise directed in the question paper. Whatever language is chosen by the candidate, that same language should be used throughout the answer paper. Please note, a candidate cannot write some answers to the CPC paper in English and some answers in Bengali.
  • No form of canvassing is permitted in this examination. If any party or parties (even if the same is a government official or agency) on behalf of any candidate attempts to enlist support for the candidate, then such recommendations will be disregarded and such candidates will be deemed ineligible for appointment.

What is the question pattern for the West Bengal Judicial Services Mains or Final Exam?

The Mains question papers are usually divided into two groups: Group A and Group B. For those papers like the Law of Contracts and Torts paper, Group A deals with Contract Law and Group B deals with Torts. Similarly, the Criminal Procedure Code and Indian Penal Code will have two groups, where Group A deals with CrPC and Group B deals with IPC. For those papers which have one statute like the Civil Procedure Code paper, it will also have two groups: Group A and Group B. Usually, the Group A questions are long answer questions as compared to those of Group B.

Most questions are compulsory in them. The scope of options is very limited to almost nil. It is highly recommended that candidates go through the last 10-year papers and analyse the trends in the mains papers in a subject-wise manner.

What are the eligibility criteria for the WBJS Exam?

The following are the eligibility criteria for the WBJS examination:-

  • A citizen of India; 
  • A degree in law from any university; 
  • Enrolled as an advocate; and
  • Ability to read, write and speak in Bengali.

The detailed eligibility criteria are available here.

Do the candidates require any medical examination?

Any selected candidate on the final merit list must appear before a medical board for their certificate of fitness for government service in the form prescribed for the service.

How can I edit my application for WBJS examination?

The applicants would be allowed to edit some of the fields. The Edit Window may be accessed by the applicants by logging into their individual accounts at https://wbpsc.gov.in

All applicants are advised to verify the details provided in the online application very carefully and applicants are particularly advised to obtain a printout of the form to identify the discrepancies, if any. Applicants willing to change their address may first change the same in the Profile Section and then use the Edit option. The Edit option can be availed only once during the aforesaid period. No request for any change would be entertained after the above-mentioned period.

Can I change my WBJS Exam application form after submission?

Application forms cannot be changed after the final closure of the edit window in the portal. So, it is highly recommended that candidates do not leave things for the last moment as at the last moment, servers of the State  Public Service Commission can crash, payment of exam fees may fail due to bank link failures or server issues etc.

After the final closure of the edit window, no candidate can change anything in their applications, including their candidature types. So, if any candidate wants to apply as SC/ST/O.B.C. (Non-Creamy Layer), they should do so before the edit window finally closes, as the State Public Service Commission will not entertain any such requests later.

How can I contact the State Public Service Commission with any queries related to the WBJS Exam?

Candidate can get in touch with the State Public Service Commission for any assistance on any working days between 11.00 AM to 04.00 PM in the following manner:

  • On (033) 4003-5104 (for queries related to Online Payment);
  • The help desk can be contacted on 9163129676 or 9163129722 for technical queries; and
  • Emails can also be sent to [email protected].

What is the percentage required for attempting the West Bengal Judicial Services Exam?

Till now there is no such requirement with respect to marks or CGPA of the candidates. Any candidate who fulfils the eligibility criteria mentioned here can appear for the WBJS examination.

What is the minimum and maximum age limit for appearing in the West Bengal Judiciary Exam?

The minimum age is 22 years and the maximum age is 35 years (Relaxation of 5 years in the upper age limit for SC/ST/OBC). The detailed age criteria for appearing in the WBJS examination are discussed here.

How much salary and allowances are paid to the selected candidates of the West Bengal Judiciary?

The general pay scale of a West Bengal Civil Judge Junior Division is in the pay scale of Rs.27,700-770-33090-920-40450-1080-44770/-. In addition to the basic salary, other allowances like fuel allowances, transport allowances, etc., are also paid to the lower judiciary judges from time to time.

Can I sit for any other state’s judicial service examination while aiming for WBJS?

Since the WBJS candidates must be able to write and speak in Bengali (other than Nepali-speaking candidates), it is highly advisable that the candidates also target Tripura Judicial Service Examination as the same also has Bengali language criteria and a similar syllabus.

What are the provisions for physically disabled candidates in WBJS Exam?

Candidates with Benchmark Disabilities who have limitations in writing, including speed, may be allowed the assistance of a Scribe if required. PwBD candidates are encouraged to bring their own Scribes for convenience.

The Scribe should possess an educational qualification one step below that of the candidates taking the examination. PwBD candidates opting for their own Scribe must provide the details of the Scribe as per the proforma provided by the Commission during the examination. For individuals in the category of Benchmark Disabilities, the provision of a Scribe can be allowed upon submission of a certificate from the Chief Medical Officer/Medical Superintendent of a Government healthcare institution. This certificate should state that the person has a physical limitation in writing and that a Scribe is essential to write the examination on their behalf. The proforma for this certificate can be found in APPENDIX-I (available at the end of the official advertisement).The facility of a Scribe is available to any person with Benchmark Disability as defined under Section 2(r) of the Rights of Persons with Disabilities (RPwD) Act, 2016, who has limitations in writing, including speed (except for persons suffering from Blindness or Cerebral Palsy, as they are exempted from the reservation for the post). In the case of persons with Benchmark Disabilities in the category of Locomotor Disability (both arms affected – BA), the facility of a Scribe shall be given if requested by the person. It’s important to note that the engagement of a Scribe will not be accepted after the final submission of the application (i.e., after the closing date for the “Edit Window”). As much as possible, a single Scribe may be used, except for language papers.

Is any compensatory time provided for candidates with benchmark disabilities in WBJS?

Candidates with Benchmark Disabilities (PwBD) who have limitations in writing, including speed (excluding individuals with Blindness or Cerebral Palsy, as they are exempted from reservation), and provide a valid ‘APPENDIX-I’ certificate, will be granted compensatory time of 20 minutes per hour during the examination.

Can a practising lawyer apply for the West Bengal Judicial Services Examination?

Certainly, a practising lawyer can apply for the West Bengal Judicial Services Examination, given that they fulfil the eligibility criteria and adhere to the age limit (as mentioned earlier). Additionally, it is important to highlight that in order to appear for the Higher Judiciary Examination, the lawyer must have a minimum of 7 years of experience in advocacy.

What are some noteworthy pointers to consider while dealing with the process of applying for the West Bengal Judiciary Examination?

The application forms will be made available on the official website of the West Bengal State Public Service Commission and aspiring candidates who intend to appear for the examination should keep the following aspects in mind while filling out the form:

1. Provide accurate information in the required fields of the form.

2. Ensure that scanned passport-size photographs are uploaded correctly.

3. Pay the prescribed examination fee as per the guidelines discussed below.

4. Submit the form once all the necessary information has been duly entered.

5. It is advisable to take a printout of the application form for future reference.

6. Unless specified otherwise, there is no need to send a hard copy of the application to any authorities.

If I aspire to become a judge, should I still pursue internships? What type of internships should I consider?

Certainly, pursuing internships can be beneficial even for those aspiring to become judges. It is recommended to start with internships at district courts, followed by opportunities in High Courts, and if possible, even in the Supreme Court working under an advocate. Additionally, one can also consider applying for judicial clerkships while preparing for judicial examinations. These internships provide valuable insights into the functioning of the courts, the daily procedures involved in resolving disputes, and other essential aspects of the judicial system.

How many mock tests should I undertake for the WBJS exam, and where can I access them?

It is highly recommended to practise a substantial number of mock tests for the preliminary examination. As the saying goes, the more you practise, the better. Mock tests can be obtained online through various platforms dedicated to exam preparation. Additionally, there are numerous books available in the market specifically designed for mock tests, offering ample resources for practice and preparation. At least 3 to 4 mocks a month is sufficient and in the final month before the exam, at least 8-10 full-length mocks should be taken by the candidate. It must be noted that all results of the mock examinations should be carefully analysed by the candidate so that the student can learn from mistakes.

How long will it take to prepare for the WBJS Examination?

There is no definitive answer to this question as it varies for each individual. However, it is advisable to commence preparation during law school itself. Industry experts suggest the following timelines as a general guideline:

Five-year course

Ideally, for students pursuing a five-year course, it is recommended to start judicial preparation in the 4th or 5th year.

Three-year course

For students pursuing a three-year course, it is ideal to begin judicial preparation in the 2nd year.

However, it’s important to note that the duration of preparation may differ for each candidate. Success in the field of law depends on factors such as the candidate’s level of understanding, ability to interpret laws, and overall knowledge of the legal domain.

What factors should be considered when selecting a judiciary course to excel in the West Bengal Judicial Services Examination?

Before enrolling in a judiciary course, it is crucial for a candidate to verify that the coaching classes or online classes they are considering offer comprehensive coaching on the local laws of West Bengal in addition to the core subjects. Additionally, if a candidate intends to appear for examinations in other states as well, it is important to ensure that the course provides guidance and support for those state-specific exams. That is why LawSikho offers its own Judiciary course (Lord of the Courses), which includes content tailored to each state and is taught by experts in the field of judiciary. This course can significantly enhance a candidate’s chances of success in the examination.

What are the recommended books for the WBJS Examination?

Firstly, candidates should follow the last ten years’ question papers for all the compulsory and selected optional papers. Bare Acts of these relevant papers should be followed too.

Secondly, besides these, the candidates can follow the following list of books in their preparation. 

Compulsory Papers For Mains 

Sl .No SubjectsRecommended Books Full Marks
Civil Procedure Code Bare act of Code of Civil Procedure, 1908 Civil Procedure, Limitation and Commercial Courts by C.K. Takwani. Universal’s The Code Of Civil Procedure, 1908 The Code of Civil Procedure 5th edition by Avtar Singh. Code Of Civil Procedure by Dr. Ashok K. Jain MULLA – CPC – The Code of Civil Procedure – 20th Edition – Set of 3 Volume – LexisNexis.  100 
Criminal Procedure Code  The Bare Act Criminal Procedure – R.V. Kelkar’s Criminal Procedure  50 
Indian Penal Code The Bare Act Indian Penal Code: By S.N Mishra Ratanlal & Dhirajlal : The Indian Penal Code Textbook on Indian Penal Code - K.D. Gaur 50 
Indian Evidence Act The Bare Act The Law Of Evidence: By Ratanlal & Dhirajlal Batuklal 100 
Law of Contracts Contract law bare Act Law of Contract and Specific Relief by Avtar Singh Law of Contract by R.K. Bangia Mulla’s Indian Contract Act by Sir Dinshaw Fardunji Mulla  50 
Torts R.K Bangia Law of Torts alongwith Consumer Protection Act, 2019 & Compensation Under Motor Vehicles Act  by Dr. S.K.Kapoor THE LAW OF TORTS by Dhirajlal & Ratanlal  Paperback by Dhirajlal & Ratanlal    50 
Transfer of Propery Act Bare ActDr. R.K.Sinha 100 

Words of motivation

Many students wonder if they are late in starting their preparation or not, or if they should consider preparing for WBJS as average students or not. The words of motivation are particularly meant for them. There is no specific time that is too early or too late to begin pursuing your passion, whether it’s in the field of judiciary or higher judicial services. Remember, nobody understands your strengths and areas for improvement better than yourself. You are the best judge of what skills you need to develop further. Embarking on this career path may not be a walk in the park, but that holds true for any other field as well. It won’t be easy, but the journey will undoubtedly be worthwhile. Whether you are average or below average, no exam is impossible as long as you are ready to put in consistent hard work during your preparation days. There is no shortcut to success, but a way made from the sweat of consistent smart hard work can lead to success. Wishing you all the best in your endeavours!


Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

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