SPPU B.A. LL.B. (Five Years) Semester 7 Notes 2026

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All the notes of all the subjects in Semester 7, as per the current syllabus of Savitribai Phule Pune University.
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Law of Evidence (Bharatiya Sakshya Adhiniyam 2023)
Official Notes munotes.in

Law of Evidence (Bharatiya Sakshya Adhiniyam 2023)

SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 7

Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

For students of Savitribai Phule Pune University and all its affiliated law colleges

munotes.in Fourth Year

Law of Evidence (Bharatiya Sakshya Adhiniyam 2023)

Copyright © 2026 munotes.in. All rights reserved.

Written and first published by munotes.in, 2026.

This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

Licensing and permissions: contact@munotes.in

The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

munotes.in is an independent study resource for students of Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

munotes.in
Contents

Module 01 Introduction to Law of Evidence
1. The Law of Evidence Is Now the Sakshya Adhiniyam 1
2. What the Law of Evidence Does 7
3. Where the Adhiniyam Applies 12
4. Court, Fact and Facts in Issue 18
5. Document and Evidence 24
6. Kinds of Evidence 28
7. Proved, Disproved and Not Proved 33
8. May Presume, Shall Presume and Conclusive Proof 37
Module 02 Relevance and Admissibility
1. Relevancy and Admissibility 41
2. Res Gestae 47
3. Occasion, Cause, Effect and Opportunity 53
4. Motive and Preparation 57
5. Conduct 62
6. Facts That Explain, Introduce or Identify 69
7. Things Said or Done by a Conspirator 75
8. Facts Not Otherwise Relevant, and Alibi 82
9. Damages, Rights and Customs 87
10. State of Mind and Body 91
munotes.in
Contents continued

Module 02 continued Relevance and Admissibility
1. Accident, Intention and Course of Business 97
2. What an Admission Is 102
3. Who Can Make an Admission 107
4. Proving an Admission 112
5. Admissions Are Not Conclusive 118
6. What a Confession Is 122
7. Confessions Caused by Inducement, Threat, Coercion or Promise 127
8. Confession to a Police Officer 133
9. Information Leading to a Discovery 139
10. Confession of a Co-Accused 145
11. Judicial, Extra-Judicial and Retracted Confessions 150
Module 03 Statements by Persons
1. Statements by Persons Who Cannot Be Called 156
2. Dying Declarations 161
3. Recording and Weighing a Dying Declaration 167
4. Statements in the Course of Business or Against Interest 173
5. Statements on Public Rights, Relationship and Family Matters 178
6. Evidence Given in an Earlier Proceeding 183
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Contents continued

Module 03 continued Statements by Persons
1. Books of Account and Public Records 187
2. Maps, Acts, Law Books and the Whole Statement 192
3. Judgments That Bar a Second Suit or Trial 197
4. Judgments in Rem 201
5. Other Judgments, and Fraud or Incompetence 206
6. Expert Opinion 212
7. The Examiner of Electronic Evidence 217
8. Opinion on Handwriting and Signature 221
9. Opinions on Custom, Usage and Relationship 227
10. Who Is an Expert Witness 232
11. Admissibility and Weight of Expert Opinion 237
12. Forensic Evidence Under the Adhiniyam 241
13. Forensic Evidence in Criminal Cases 246
14. Fingerprints and Other Impressions 251
15. DNA Evidence 256
16. Firearms and Ballistics 262
17. Scientific Tests and the Right Against Self-Incrimination 267
18. Medical and Eyewitness Evidence in Conflict 272
19. Character in Civil Cases 276
munotes.in
Contents continued

Module 03 continued Statements by Persons
1. Character in Criminal Cases 280
2. Character and Sexual History in Sexual Offence Cases 286
Module 04 Documentary Evidence
1. Primary Evidence 294
2. Proof of Signature and Handwriting 299
3. Secondary Evidence 304
4. When Secondary Evidence May Be Given 310
5. Electronic and Digital Records 317
6. The Certificate Under Section 63 322
7. How the Courts Read the Certificate Rule 330
8. Recordings, CCTV and Messages as Evidence 335
9. Electronic and Digital Signatures 340
10. The IT Act Definitions: Computers, Data and Records 344
11. The IT Act Definitions: Signatures, Certificates and Intermediaries 350
12. Proof of Attested Documents 357
13. Public and Private Documents 364
14. Certified Copies and Official Documents 368
15. Presumptions as to Documents 373
munotes.in
Contents continued

Module 04 continued Documentary Evidence
1. Presumptions as to Electronic Records 379
2. Documents Not Produced and Thirty-Year-Old Documents 384
3. When the Terms Are in Writing 388
4. No Oral Agreement Against the Writing 393
5. Ambiguity in Documents 399
6. Strangers to the Document and Wills 404
Module 05 Witnesses
1. Who May Testify 408
2. Child Witnesses 412
3. Witnesses Unable to Communicate Verbally 416
4. Husband and Wife as Witnesses 421
5. Judges and Magistrates as Witnesses 425
6. Affairs of State and Official Communications 428
7. Informers and Professional Communications 433
8. Documents a Witness Need Not Produce, and Incriminating Answers 438
9. Accomplice Evidence 442
10. Number of Witnesses 447
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Contents continued

Module 06 Burden of Proof
1. Burden of Proof 450
2. Burden of Proof in a Criminal Trial 455
3. Facts Especially Within Knowledge 460
4. Alive or Dead: Thirty Years and Seven Years 465
5. Relationship, Ownership and Active Confidence 469
6. Presumption as to Certain Offences 473
7. Birth During Marriage and Legitimacy 477
8. How Presumptions Work 483
9. Abetment of Suicide by a Married Woman 488
10. Dowry Death 492
11. The Court May Presume 497
12. Absence of Consent in Rape Prosecutions 503
13. Facts Judicially Noticed 506
14. Facts Admitted 512
Module 07 Oral Evidence
1. Oral Evidence and the Hearsay Rule 517
2. Order of Witnesses, and the Judge's Ruling on Admissibility 523
3. Examination-in-Chief, Cross-Examination and Re-Examination 527
4. Leading Questions 531
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Contents continued

Module 07 continued Oral Evidence
1. Matters in Writing and Previous Statements 535
2. Questions Lawful in Cross-Examination 542
3. Indecent, Scandalous and Insulting Questions 548
4. Hostile Witnesses 553
5. Impeaching the Credit of a Witness 558
6. Corroboration 563
7. Production of Documents in Court 569
8. The Judge's Power to Put Questions 574
9. Refreshing Memory 581
Module 08 Estoppel
1. Estoppel 586
2. Kinds and Limits of Estoppel 590
3. Estoppel of Tenants, Licensees, Acceptors and Bailees 595
4. Improper Admission and Rejection of Evidence 599
munotes.in
Page 1 onwards

munotes.in
603 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
Notes

2026 Edition, as per the latest syllabus. 603 pages.
Every chapter in the notes: 118 chapters across 8 modules
Module 01 8 chapters
1. 1 The Law of Evidence Is Now the Sakshya Adhiniyam pages 1 to 6
2. 2 What the Law of Evidence Does pages 7 to 11
3. 3 Where the Adhiniyam Applies pages 12 to 17
4. 4 Court, Fact and Facts in Issue pages 18 to 23
5. 5 Document and Evidence pages 24 to 27
6. 6 Kinds of Evidence pages 28 to 32
7. 7 Proved, Disproved and Not Proved pages 33 to 36
8. 8 May Presume, Shall Presume and Conclusive Proof pages 37 to 40
Module 02 21 chapters
1. 9 Relevancy and Admissibility pages 41 to 46
2. 10 Res Gestae pages 47 to 52
3. 11 Occasion, Cause, Effect and Opportunity pages 53 to 56
4. 12 Motive and Preparation pages 57 to 61
5. 13 Conduct pages 62 to 68
6. 14 Facts That Explain, Introduce or Identify pages 69 to 74
7. 15 Things Said or Done by a Conspirator pages 75 to 81
8. 16 Facts Not Otherwise Relevant, and Alibi pages 82 to 86
9. 17 Damages, Rights and Customs pages 87 to 90
10. 18 State of Mind and Body pages 91 to 96
11. 19 Accident, Intention and Course of Business pages 97 to 101
12. 20 What an Admission Is pages 102 to 106
13. 21 Who Can Make an Admission pages 107 to 111
14. 22 Proving an Admission pages 112 to 117
15. 23 Admissions Are Not Conclusive pages 118 to 121
16. 24 What a Confession Is pages 122 to 126
17. 25 Confessions Caused by Inducement, Threat, Coercion or Promise pages 127 to 132
18. 26 Confession to a Police Officer pages 133 to 138
19. 27 Information Leading to a Discovery pages 139 to 144
20. 28 Confession of a Co-Accused pages 145 to 149
21. 29 Judicial, Extra-Judicial and Retracted Confessions pages 150 to 155
Module 03 27 chapters
1. 30 Statements by Persons Who Cannot Be Called pages 156 to 160
2. 31 Dying Declarations pages 161 to 166
3. 32 Recording and Weighing a Dying Declaration pages 167 to 172
4. 33 Statements in the Course of Business or Against Interest pages 173 to 177
5. 34 Statements on Public Rights, Relationship and Family Matters pages 178 to 182
6. 35 Evidence Given in an Earlier Proceeding pages 183 to 186
7. 36 Books of Account and Public Records pages 187 to 191
8. 37 Maps, Acts, Law Books and the Whole Statement pages 192 to 196
9. 38 Judgments That Bar a Second Suit or Trial pages 197 to 200
10. 39 Judgments in Rem pages 201 to 205
11. 40 Other Judgments, and Fraud or Incompetence pages 206 to 211
12. 41 Expert Opinion pages 212 to 216
13. 42 The Examiner of Electronic Evidence pages 217 to 220
14. 43 Opinion on Handwriting and Signature pages 221 to 226
15. 44 Opinions on Custom, Usage and Relationship pages 227 to 231
16. 45 Who Is an Expert Witness pages 232 to 236
17. 46 Admissibility and Weight of Expert Opinion pages 237 to 240
18. 47 Forensic Evidence Under the Adhiniyam pages 241 to 245
19. 48 Forensic Evidence in Criminal Cases pages 246 to 250
20. 49 Fingerprints and Other Impressions pages 251 to 255
21. 50 DNA Evidence pages 256 to 261
22. 51 Firearms and Ballistics pages 262 to 266
23. 52 Scientific Tests and the Right Against Self-Incrimination pages 267 to 271
24. 53 Medical and Eyewitness Evidence in Conflict pages 272 to 275
25. 54 Character in Civil Cases pages 276 to 279
26. 55 Character in Criminal Cases pages 280 to 285
27. 56 Character and Sexual History in Sexual Offence Cases pages 286 to 293
Module 04 21 chapters
1. 57 Primary Evidence pages 294 to 298
2. 58 Proof of Signature and Handwriting pages 299 to 303
3. 59 Secondary Evidence pages 304 to 309
4. 60 When Secondary Evidence May Be Given pages 310 to 316
5. 61 Electronic and Digital Records pages 317 to 321
6. 62 The Certificate Under Section 63 pages 322 to 329
7. 63 How the Courts Read the Certificate Rule pages 330 to 334
8. 64 Recordings, CCTV and Messages as Evidence pages 335 to 339
9. 65 Electronic and Digital Signatures pages 340 to 343
10. 66 The IT Act Definitions: Computers, Data and Records pages 344 to 349
11. 67 The IT Act Definitions: Signatures, Certificates and Intermediaries pages 350 to 356
12. 68 Proof of Attested Documents pages 357 to 363
13. 69 Public and Private Documents pages 364 to 367
14. 70 Certified Copies and Official Documents pages 368 to 372
15. 71 Presumptions as to Documents pages 373 to 378
16. 72 Presumptions as to Electronic Records pages 379 to 383
17. 73 Documents Not Produced and Thirty-Year-Old Documents pages 384 to 387
18. 74 When the Terms Are in Writing pages 388 to 392
19. 75 No Oral Agreement Against the Writing pages 393 to 398
20. 76 Ambiguity in Documents pages 399 to 403
21. 77 Strangers to the Document and Wills pages 404 to 407
Module 05 10 chapters
1. 78 Who May Testify pages 408 to 411
2. 79 Child Witnesses pages 412 to 415
3. 80 Witnesses Unable to Communicate Verbally pages 416 to 420
4. 81 Husband and Wife as Witnesses pages 421 to 424
5. 82 Judges and Magistrates as Witnesses pages 425 to 427
6. 83 Affairs of State and Official Communications pages 428 to 432
7. 84 Informers and Professional Communications pages 433 to 437
8. 85 Documents a Witness Need Not Produce, and Incriminating Answers pages 438 to 441
9. 86 Accomplice Evidence pages 442 to 446
10. 87 Number of Witnesses pages 447 to 449
Module 06 14 chapters
1. 88 Burden of Proof pages 450 to 454
2. 89 Burden of Proof in a Criminal Trial pages 455 to 459
3. 90 Facts Especially Within Knowledge pages 460 to 464
4. 91 Alive or Dead: Thirty Years and Seven Years pages 465 to 468
5. 92 Relationship, Ownership and Active Confidence pages 469 to 472
6. 93 Presumption as to Certain Offences pages 473 to 476
7. 94 Birth During Marriage and Legitimacy pages 477 to 482
8. 95 How Presumptions Work pages 483 to 487
9. 96 Abetment of Suicide by a Married Woman pages 488 to 491
10. 97 Dowry Death pages 492 to 496
11. 98 The Court May Presume pages 497 to 502
12. 99 Absence of Consent in Rape Prosecutions pages 503 to 505
13. 100 Facts Judicially Noticed pages 506 to 511
14. 101 Facts Admitted pages 512 to 516
Module 07 13 chapters
1. 102 Oral Evidence and the Hearsay Rule pages 517 to 522
2. 103 Order of Witnesses, and the Judge's Ruling on Admissibility pages 523 to 526
3. 104 Examination-in-Chief, Cross-Examination and Re-Examination pages 527 to 530
4. 105 Leading Questions pages 531 to 534
5. 106 Matters in Writing and Previous Statements pages 535 to 541
6. 107 Questions Lawful in Cross-Examination pages 542 to 547
7. 108 Indecent, Scandalous and Insulting Questions pages 548 to 552
8. 109 Hostile Witnesses pages 553 to 557
9. 110 Impeaching the Credit of a Witness pages 558 to 562
10. 111 Corroboration pages 563 to 568
11. 112 Production of Documents in Court pages 569 to 573
12. 113 The Judge's Power to Put Questions pages 574 to 580
13. 114 Refreshing Memory pages 581 to 585
Module 08 4 chapters
1. 115 Estoppel pages 586 to 589
2. 116 Kinds and Limits of Estoppel pages 590 to 594
3. 117 Estoppel of Tenants, Licensees, Acceptors and Bailees pages 595 to 598
4. 118 Improper Admission and Rejection of Evidence pages 599 to 603
Private International Law
Official Notes munotes.in

Private International Law

SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 7

Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

For students of Savitribai Phule Pune University and all its affiliated law colleges

munotes.in Fourth Year

Private International Law

Copyright © 2026 munotes.in. All rights reserved.

Written and first published by munotes.in, 2026.

This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

Licensing and permissions: contact@munotes.in

The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

munotes.in is an independent study resource for students of Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

munotes.in
Contents

Module 01 Introduction
1. What Private International Law Is 1
2. The Name and the Nature of the Subject 6
3. The History of the Conflict of Laws 10
4. Private International Law in the Indian Statutes 16
5. The Scope of Private International Law 21
6. The Statute Theory 27
7. The Theory of Comity 32
8. The Theory of Vested Rights 37
9. The Local Law Theory 41
10. Savigny's Seat of the Legal Relationship and Mancini's Theory of Nationality 44
11. The Modern American Approaches 49
12. The Theories Compared, and the Indian Position 53
13. The Sources of Private International Law 57
14. Proving Foreign Law 62
15. Public Policy and Foreign Status 68
16. Foreign Penal, Revenue and Other Public Laws 74
17. Public International Law in Outline: Sources, States and Treaties 80
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Contents continued

Module 02 Classification / characterization
1. What Characterisation Is 88
2. The Theories of Characterisation 94
3. Characterisation in the Cases 100
4. The Stages of Analysis in a Conflict Case 108
5. The Connecting Factor 113
6. Which Law Interprets the Connecting Factor, and When 119
7. The Lex Causae 125
8. The Scope of the Lex Causae 129
9. Renvoi: The Problem 134
10. The Forms of Renvoi and Their Criticism 139
11. Renvoi in the Cases 145
12. Where Renvoi Applies, Where It Does Not, and the Indian Position 152
13. Substance and Procedure 158
14. Limitation, Priorities and Other Borderline Questions 164
15. Depecage 169
16. The Incidental Question 174
Module 03 Concept of Domicile
1. Domicile as the Deciding Factor 180
munotes.in
Contents continued

Module 03 continued Concept of Domicile
1. The Concept of Domicile 187
2. Domicile of Origin 193
3. Domicile of Choice: Residence and Intention 198
4. Domicile of Choice: Special Cases and Abandonment 204
5. The Domicile of Married Women 210
6. The Domicile of Minors and Persons of Unsound Mind 214
7. Commercial Domicile and the Domicile of Corporations 220
8. Domicile in the Indian Succession Act: Sections 4 to 9 225
9. Acquiring a New Domicile: Sections 10 to 13 229
10. Dependent Domicile: Sections 14 to 19 234
11. Domicile in the Constitution and the Supreme Court 238
12. Nationality and Habitual Residence 244
Module 04 Marriage and Dissolution of Marriage
1. Marriage: Formal and Essential Validity 249
2. Formal Validity: Lex Loci Celebrationis and Its Exceptions 256
3. Capacity to Marry 263
4. Polygamous Marriages 272
5. The Foreign Marriage Act, 1969: Sections 1 to 16 280
6. The Foreign Marriage Act, 1969: Sections 17 to 30 286
munotes.in
Contents continued

Module 04 continued Marriage and Dissolution of Marriage
1. Family Matters with a Foreign Element: The Indian Framework 293
2. Jurisdiction of Indian Courts in Matrimonial Causes 298
3. Choice of Law in Matrimonial Causes 303
4. Jurisdiction in Private International Law 308
5. In Personam Jurisdiction in India 313
6. In Personam Jurisdiction at Common Law: Presence and Submission 321
7. The Immunity of Foreign States 327
8. Parallel Proceedings and Anti-Suit Injunctions 337
9. NRI Marriages 344
10. Matrimonial Causes: The Reliefs 349
11. Recognition of Foreign Divorces in English Law 357
12. Recognition of Foreign Divorces in India 363
Module 05 Legitimacy, Legitimation and Adoption
1. Legitimacy 369
2. Legitimation 374
3. Adoption with a Foreign Element 379
4. Inter-Country Adoption in India 384
5. The Hague Intercountry Adoption Convention, 1993 390
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Contents continued

Module 05 continued Legitimacy, Legitimation and Adoption
1. Guardianship with a Foreign Element 397
2. Child Custody Across Borders and the Welfare Principle 406
3. International Child Abduction and the Indian Courts 411
4. The Hague Child Abduction Convention, 1980 417
5. The Hague Conference on Private International Law 423
6. The Hague Conventions and India 428
7. The Hague Choice of Court Convention 2005 and Judgments Convention 2019 433
Module 06 Foreign Judgments
1. Why Foreign Judgments Are Recognised 439
2. The Limits on Recognition and Enforcement 446
3. Section 13: When a Foreign Judgment Is Conclusive 453
4. Section 13, Clauses (a) to (c): Jurisdiction, Merits and Indian Law 460
5. Section 13, Clauses (d) to (f): Natural Justice, Fraud and Breach of Indian Law 467
6. Section 14 and Proving a Foreign Judgment 473
7. Section 44A: Executing a Decree from a Reciprocating Territory 478
8. The Suit on a Foreign Judgment 484
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Contents continued

Module 06 continued Foreign Judgments
1. Judgments in Rem: Section 41 of the Evidence Act and Section 35 of the Sakshya Adhiniyam 492
2. Foreign Awards: Why Part II Has Two Chapters, and What a Convention Does 498
3. New York Convention Awards: Definition, Reference to Arbitration, and When an Award Binds 504
4. Section 48: The Grounds for Refusing a Foreign Award, and the Narrow Public Policy Test 509
5. Enforcing a Foreign Award in India: Procedure, Appeals and Savings 516
Module 07 Law of Property
1. Property and the Lex Situs 521
2. Movables: Transfer of Goods and Assignment of Debts 527
3. Agreements With Foreign Countries 533
4. Succession with a Foreign Element 536
Module 08 Contract and Tort Law
1. The Proper Law of the Contract 542
2. Express Choice of Law and Its Limits 547
3. Implied Choice and the Closest and Most Real Connection 552
4. From the Rome Convention to Rome I 558
5. Rome I: Freedom of Choice 563
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Contents continued

Module 08 continued Contract and Tort Law
1. Rome I: The Applicable Law in the Absence of Choice 568
2. Rome I: Carriage, Consumer, Insurance and Employment Contracts 572
3. Rome I: Overriding Mandatory Provisions, Public Policy and the Reach of the Applicable Law 576
4. Transnational Contracts in Indian Law 580
5. Capacity to Contract 585
6. Formal and Material Validity of Contracts 590
7. Interpretation, Performance and Discharge 596
8. The IMF Agreement and Exchange Contracts 603
9. Torts at Common Law: The Rule of Double Actionability 610
10. Torts on Ships, in the Air and Across Borders 620
11. Torts After 1995, and the Indian Position 626
12. Rome II: Scope and the General Rule 631
13. Rome II: Special Torts 636
14. Rome II: Unjust Enrichment, Negotiorum Gestio, Culpa in Contrahendo and the Common Rules 641
munotes.in
Page 1 onwards

munotes.in
646 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
Notes

2026 Edition, as per the latest syllabus. 646 pages.
Every chapter in the notes: 112 chapters across 8 modules
Module 01 17 chapters
1. 1 What Private International Law Is pages 1 to 5
2. 2 The Name and the Nature of the Subject pages 6 to 9
3. 3 The History of the Conflict of Laws pages 10 to 15
4. 4 Private International Law in the Indian Statutes pages 16 to 20
5. 5 The Scope of Private International Law pages 21 to 26
6. 6 The Statute Theory pages 27 to 31
7. 7 The Theory of Comity pages 32 to 36
8. 8 The Theory of Vested Rights pages 37 to 40
9. 9 The Local Law Theory pages 41 to 43
10. 10 Savigny's Seat of the Legal Relationship and Mancini's Theory of Nationality pages 44 to 48
11. 11 The Modern American Approaches pages 49 to 52
12. 12 The Theories Compared, and the Indian Position pages 53 to 56
13. 13 The Sources of Private International Law pages 57 to 61
14. 14 Proving Foreign Law pages 62 to 67
15. 15 Public Policy and Foreign Status pages 68 to 73
16. 16 Foreign Penal, Revenue and Other Public Laws pages 74 to 79
17. 17 Public International Law in Outline: Sources, States and Treaties pages 80 to 87
Module 02 16 chapters
1. 18 What Characterisation Is pages 88 to 93
2. 19 The Theories of Characterisation pages 94 to 99
3. 20 Characterisation in the Cases pages 100 to 107
4. 21 The Stages of Analysis in a Conflict Case pages 108 to 112
5. 22 The Connecting Factor pages 113 to 118
6. 23 Which Law Interprets the Connecting Factor, and When pages 119 to 124
7. 24 The Lex Causae pages 125 to 128
8. 25 The Scope of the Lex Causae pages 129 to 133
9. 26 Renvoi: The Problem pages 134 to 138
10. 27 The Forms of Renvoi and Their Criticism pages 139 to 144
11. 28 Renvoi in the Cases pages 145 to 151
12. 29 Where Renvoi Applies, Where It Does Not, and the Indian Position pages 152 to 157
13. 30 Substance and Procedure pages 158 to 163
14. 31 Limitation, Priorities and Other Borderline Questions pages 164 to 168
15. 32 Depecage pages 169 to 173
16. 33 The Incidental Question pages 174 to 179
Module 03 13 chapters
1. 34 Domicile as the Deciding Factor pages 180 to 186
2. 35 The Concept of Domicile pages 187 to 192
3. 36 Domicile of Origin pages 193 to 197
4. 37 Domicile of Choice: Residence and Intention pages 198 to 203
5. 38 Domicile of Choice: Special Cases and Abandonment pages 204 to 209
6. 39 The Domicile of Married Women pages 210 to 213
7. 40 The Domicile of Minors and Persons of Unsound Mind pages 214 to 219
8. 41 Commercial Domicile and the Domicile of Corporations pages 220 to 224
9. 42 Domicile in the Indian Succession Act: Sections 4 to 9 pages 225 to 228
10. 43 Acquiring a New Domicile: Sections 10 to 13 pages 229 to 233
11. 44 Dependent Domicile: Sections 14 to 19 pages 234 to 237
12. 45 Domicile in the Constitution and the Supreme Court pages 238 to 243
13. 46 Nationality and Habitual Residence pages 244 to 248
Module 04 18 chapters
1. 47 Marriage: Formal and Essential Validity pages 249 to 255
2. 48 Formal Validity: Lex Loci Celebrationis and Its Exceptions pages 256 to 262
3. 49 Capacity to Marry pages 263 to 271
4. 50 Polygamous Marriages pages 272 to 279
5. 51 The Foreign Marriage Act, 1969: Sections 1 to 16 pages 280 to 285
6. 52 The Foreign Marriage Act, 1969: Sections 17 to 30 pages 286 to 292
7. 53 Family Matters with a Foreign Element: The Indian Framework pages 293 to 297
8. 54 Jurisdiction of Indian Courts in Matrimonial Causes pages 298 to 302
9. 55 Choice of Law in Matrimonial Causes pages 303 to 307
10. 56 Jurisdiction in Private International Law pages 308 to 312
11. 57 In Personam Jurisdiction in India pages 313 to 320
12. 58 In Personam Jurisdiction at Common Law: Presence and Submission pages 321 to 326
13. 59 The Immunity of Foreign States pages 327 to 336
14. 60 Parallel Proceedings and Anti-Suit Injunctions pages 337 to 343
15. 61 NRI Marriages pages 344 to 348
16. 62 Matrimonial Causes: The Reliefs pages 349 to 356
17. 63 Recognition of Foreign Divorces in English Law pages 357 to 362
18. 64 Recognition of Foreign Divorces in India pages 363 to 368
Module 05 12 chapters
1. 65 Legitimacy pages 369 to 373
2. 66 Legitimation pages 374 to 378
3. 67 Adoption with a Foreign Element pages 379 to 383
4. 68 Inter-Country Adoption in India pages 384 to 389
5. 69 The Hague Intercountry Adoption Convention, 1993 pages 390 to 396
6. 70 Guardianship with a Foreign Element pages 397 to 405
7. 71 Child Custody Across Borders and the Welfare Principle pages 406 to 410
8. 72 International Child Abduction and the Indian Courts pages 411 to 416
9. 73 The Hague Child Abduction Convention, 1980 pages 417 to 422
10. 74 The Hague Conference on Private International Law pages 423 to 427
11. 75 The Hague Conventions and India pages 428 to 432
12. 76 The Hague Choice of Court Convention 2005 and Judgments Convention 2019 pages 433 to 438
Module 06 13 chapters
1. 77 Why Foreign Judgments Are Recognised pages 439 to 445
2. 78 The Limits on Recognition and Enforcement pages 446 to 452
3. 79 Section 13: When a Foreign Judgment Is Conclusive pages 453 to 459
4. 80 Section 13, Clauses (a) to (c): Jurisdiction, Merits and Indian Law pages 460 to 466
5. 81 Section 13, Clauses (d) to (f): Natural Justice, Fraud and Breach of Indian Law pages 467 to 472
6. 82 Section 14 and Proving a Foreign Judgment pages 473 to 477
7. 83 Section 44A: Executing a Decree from a Reciprocating Territory pages 478 to 483
8. 84 The Suit on a Foreign Judgment pages 484 to 491
9. 85 Judgments in Rem: Section 41 of the Evidence Act and Section 35 of the Sakshya Adhiniyam pages 492 to 497
10. 86 Foreign Awards: Why Part II Has Two Chapters, and What a Convention Does pages 498 to 503
11. 87 New York Convention Awards: Definition, Reference to Arbitration, and When an Award Binds pages 504 to 508
12. 88 Section 48: The Grounds for Refusing a Foreign Award, and the Narrow Public Policy Test pages 509 to 515
13. 89 Enforcing a Foreign Award in India: Procedure, Appeals and Savings pages 516 to 520
Module 07 4 chapters
1. 90 Property and the Lex Situs pages 521 to 526
2. 91 Movables: Transfer of Goods and Assignment of Debts pages 527 to 532
3. 92 Agreements With Foreign Countries pages 533 to 535
4. 93 Succession with a Foreign Element pages 536 to 541
Module 08 19 chapters
1. 94 The Proper Law of the Contract pages 542 to 546
2. 95 Express Choice of Law and Its Limits pages 547 to 551
3. 96 Implied Choice and the Closest and Most Real Connection pages 552 to 557
4. 97 From the Rome Convention to Rome I pages 558 to 562
5. 98 Rome I: Freedom of Choice pages 563 to 567
6. 99 Rome I: The Applicable Law in the Absence of Choice pages 568 to 571
7. 100 Rome I: Carriage, Consumer, Insurance and Employment Contracts pages 572 to 575
8. 101 Rome I: Overriding Mandatory Provisions, Public Policy and the Reach of the Applicable Law pages 576 to 579
9. 102 Transnational Contracts in Indian Law pages 580 to 584
10. 103 Capacity to Contract pages 585 to 589
11. 104 Formal and Material Validity of Contracts pages 590 to 595
12. 105 Interpretation, Performance and Discharge pages 596 to 602
13. 106 The IMF Agreement and Exchange Contracts pages 603 to 609
14. 107 Torts at Common Law: The Rule of Double Actionability pages 610 to 619
15. 108 Torts on Ships, in the Air and Across Borders pages 620 to 625
16. 109 Torts After 1995, and the Indian Position pages 626 to 630
17. 110 Rome II: Scope and the General Rule pages 631 to 635
18. 111 Rome II: Special Torts pages 636 to 640
19. 112 Rome II: Unjust Enrichment, Negotiorum Gestio, Culpa in Contrahendo and the Common Rules pages 641 to 646
Law of Criminal Procedure
Official Notes munotes.in

Law of Criminal Procedure

SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 7

Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

For students of Savitribai Phule Pune University and all its affiliated law colleges

munotes.in Fourth Year

Law of Criminal Procedure

Copyright © 2026 munotes.in. All rights reserved.

Written and first published by munotes.in, 2026.

This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

Licensing and permissions: contact@munotes.in

The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

munotes.in is an independent study resource for students of Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

munotes.in
Contents

Module 01 Introduction to BNSS, 2023
1. The Code That Replaced the Code 1
2. Definitions under the Sanhita 10
3. The Police System in India 16
4. The Structural Organisation of Police at the Centre and in the States 23
5. The Mode of Recruitment and Training of Police 34
6. Police Reforms 42
7. The Prisons Act 1894: Prisons and Their Officers 51
8. The Prisons Act 1894: Prisoners, Discipline and Prison Offences 61
9. Classes of Criminal Courts 76
10. Executive Magistrates 83
11. Which Court May Try What, and What It May Impose 89
12. Conferring and Withdrawing the Powers of a Court 95
13. Powers of Superior Police Officers, and Aid to the Magistrates 99
14. Public Prosecutors and the Directorate of Prosecution 105
Module 02 Jurisdiction of Criminal Courts in Inquiry and trials
1. Where a Case May Be Inquired Into and Tried 111
2. Cognizance of Offences 118
3. When Cognizance Is Barred, and Sanction Is Needed 123
munotes.in
Contents continued

Module 02 continued Jurisdiction of Criminal Courts in Inquiry and trials
1. Complaints to Magistrates 131
2. Issue of Process and Supply of Documents 137
Module 03 Information to the Police and their Powers to Investigate and Inquiry proceedings
1. The First Information Report 144
2. The Powers of the Investigating Officer 153
3. When the Police May Arrest Without a Warrant 163
4. Arrest by a Private Person, by a Magistrate, and on Refusal to Give a Name 171
5. How an Arrest Is Actually Made 177
6. Summons 185
7. Warrants of Arrest 191
8. Proclamation and Attachment of Property 198
9. Rules Common to Summons and Warrants 205
10. The Rights of an Arrested Person 209
11. Preventive Action of the Police 216
12. Search, Seizure and Medical Examination After an Arrest 220
13. Summons to Produce, and the Search Warrant 227
14. How a Search Is Conducted, and What May Be Seized 234
15. Remand, Default Bail and the Police Report 242
munotes.in
Contents continued

Module 03 continued Information to the Police and their Powers to Investigate and Inquiry proceedings
1. Inquests and Inquiry into the Cause of Death 250
Module 04 Bail and Bond, Security and Maintenance proceedings
1. Bail in Bailable and in Non-Bailable Offences 256
2. Anticipatory Bail, and the Special Powers of the Higher Courts 265
3. Bonds, Sureties and Forfeiture 271
4. Security for Keeping the Peace and for Good Behaviour 279
5. The Security Inquiry and What Follows It 285
6. Dispersal of an Unlawful Assembly 294
7. Public Nuisance and the Conditional Order 300
8. Urgent Orders in Cases of Nuisance or Apprehended Danger 307
9. Disputes About Land and Water 314
10. Maintenance of Wives, Children and Parents 321
11. The Muslim Women (Protection of Rights on Divorce) Act 1986 329
12. Mohd. Ahmed Khan v. Shah Bano Begum 336
13. Danial Latifi v. Union of India 340
14. Maintenance: The Law As It Stands Now 344
Module 05 Charge, Trial and Investigation Procedures
1. Trial Before a Court of Session 349
munotes.in
Contents continued

Module 05 continued Charge, Trial and Investigation Procedures
1. Limitation for Taking Cognizance 357
2. The Charge, and What It Must Contain 363
3. Joinder of Charges 369
4. Trial of Warrant Cases on a Police Report 376
5. Trial of Warrant Cases Otherwise Than on a Police Report 381
6. When a Magistrate Cannot Dispose of the Case 387
7. Trial of Summons Cases 394
8. Summary Trials 400
9. How Evidence Is Recorded 405
10. Commissions for the Examination of Witnesses 412
11. Evidence That Needs No Formal Proof 418
12. Attendance of Persons Confined in Prison 426
13. The Court's General Powers During a Trial 431
14. Trial in the Absence of the Accused 439
15. Plea Bargaining 446
16. Double Jeopardy, and Who May Conduct the Prosecution 453
17. Compounding of Offences, and Withdrawal from Prosecution 460
18. Irregular Proceedings 467
19. The Miscellaneous Chapter, and the Inherent Power of the High Court 474
munotes.in
Contents continued

Module 06 Judgment, Probation and Parole of offenders, Appeals, Reference, Revision and Execution
1. The Judgment 480
2. Confirmation of a Death Sentence 488
3. Compensation to Victims, and to the Wrongly Accused 493
4. Probation of Offenders: The Idea 502
5. Probation and Suspended Sentence Distinguished 510
6. The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender 518
7. The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure 529
8. Parole and Probation Compared 538
9. Parole in India and Its Conditions 544
10. Parole and Furlough: The Ideas and the Object 554
11. Parole Violation and the Supervision of Parolees 563
12. Who May Appeal, and Against What 571
13. How an Appeal Is Heard and Decided 579
14. Reference to the High Court 588
15. Revision 592
16. Transfer of Criminal Cases 599
17. Execution of Sentences 606
18. Mercy, Remission and Commutation 614
munotes.in
Contents continued

Module 06 continued Judgment, Probation and Parole of offenders, Appeals, Reference, Revision and Execution
1. Tender of Pardon to an Accomplice 621
2. An Accused of Unsound Mind 628
3. Disposal of Property 637
Module 07 Juvenile Justice Act, 1986
1. The Juvenile Justice Act: Object, Scheme and Application 645
2. Juveniles in Conflict with Law: The Idea and the Definitions 651
3. Juveniles in Conflict with Law: The Board, the Assessment and the Orders 659
4. The Age of Criminal Responsibility 671
5. Who Is a Child: the Definitions 675
6. The General Principles 683
7. The Juvenile Justice Board 689
8. Apprehension, Bail and the First Steps 697
9. Inquiry by the Board and the Preliminary Assessment 705
10. Orders the Board May Pass 711
11. The Children's Court, and the Child Who Turns Twenty-One 718
12. Age, Appeals and Revision 725
13. The Child Welfare Committee 734
14. The Child in Need of Care and Protection 741
munotes.in
Contents continued

Module 07 continued Juvenile Justice Act, 1986
1. Rehabilitation and Social Re-integration 749
2. The Institutions 757
3. The Machinery: Fund, Police and Monitoring 765
4. Adoption 771
5. The Adoption Agencies and the Authority 779
munotes.in
Page 1 onwards

munotes.in
785 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
Notes

2026 Edition, as per the latest syllabus. 785 pages.
Every chapter in the notes: 109 chapters across 7 modules
Module 01 14 chapters
1. 1 The Code That Replaced the Code pages 1 to 9
2. 2 Definitions under the Sanhita pages 10 to 15
3. 3 The Police System in India pages 16 to 22
4. 4 The Structural Organisation of Police at the Centre and in the States pages 23 to 33
5. 5 The Mode of Recruitment and Training of Police pages 34 to 41
6. 6 Police Reforms pages 42 to 50
7. 7 The Prisons Act 1894: Prisons and Their Officers pages 51 to 60
8. 8 The Prisons Act 1894: Prisoners, Discipline and Prison Offences pages 61 to 75
9. 9 Classes of Criminal Courts pages 76 to 82
10. 10 Executive Magistrates pages 83 to 88
11. 11 Which Court May Try What, and What It May Impose pages 89 to 94
12. 12 Conferring and Withdrawing the Powers of a Court pages 95 to 98
13. 13 Powers of Superior Police Officers, and Aid to the Magistrates pages 99 to 104
14. 14 Public Prosecutors and the Directorate of Prosecution pages 105 to 110
Module 02 5 chapters
1. 15 Where a Case May Be Inquired Into and Tried pages 111 to 117
2. 16 Cognizance of Offences pages 118 to 122
3. 17 When Cognizance Is Barred, and Sanction Is Needed pages 123 to 130
4. 18 Complaints to Magistrates pages 131 to 136
5. 19 Issue of Process and Supply of Documents pages 137 to 143
Module 03 16 chapters
1. 20 The First Information Report pages 144 to 152
2. 21 The Powers of the Investigating Officer pages 153 to 162
3. 22 When the Police May Arrest Without a Warrant pages 163 to 170
4. 23 Arrest by a Private Person, by a Magistrate, and on Refusal to Give a Name pages 171 to 176
5. 24 How an Arrest Is Actually Made pages 177 to 184
6. 25 Summons pages 185 to 190
7. 26 Warrants of Arrest pages 191 to 197
8. 27 Proclamation and Attachment of Property pages 198 to 204
9. 28 Rules Common to Summons and Warrants pages 205 to 208
10. 29 The Rights of an Arrested Person pages 209 to 215
11. 30 Preventive Action of the Police pages 216 to 219
12. 31 Search, Seizure and Medical Examination After an Arrest pages 220 to 226
13. 32 Summons to Produce, and the Search Warrant pages 227 to 233
14. 33 How a Search Is Conducted, and What May Be Seized pages 234 to 241
15. 34 Remand, Default Bail and the Police Report pages 242 to 249
16. 35 Inquests and Inquiry into the Cause of Death pages 250 to 255
Module 04 14 chapters
1. 36 Bail in Bailable and in Non-Bailable Offences pages 256 to 264
2. 37 Anticipatory Bail, and the Special Powers of the Higher Courts pages 265 to 270
3. 38 Bonds, Sureties and Forfeiture pages 271 to 278
4. 39 Security for Keeping the Peace and for Good Behaviour pages 279 to 284
5. 40 The Security Inquiry and What Follows It pages 285 to 293
6. 41 Dispersal of an Unlawful Assembly pages 294 to 299
7. 42 Public Nuisance and the Conditional Order pages 300 to 306
8. 43 Urgent Orders in Cases of Nuisance or Apprehended Danger pages 307 to 313
9. 44 Disputes About Land and Water pages 314 to 320
10. 45 Maintenance of Wives, Children and Parents pages 321 to 328
11. 46 The Muslim Women (Protection of Rights on Divorce) Act 1986 pages 329 to 335
12. 47 Mohd. Ahmed Khan v. Shah Bano Begum pages 336 to 339
13. 48 Danial Latifi v. Union of India pages 340 to 343
14. 49 Maintenance: The Law As It Stands Now pages 344 to 348
Module 05 20 chapters
1. 50 Trial Before a Court of Session pages 349 to 356
2. 51 Limitation for Taking Cognizance pages 357 to 362
3. 52 The Charge, and What It Must Contain pages 363 to 368
4. 53 Joinder of Charges pages 369 to 375
5. 54 Trial of Warrant Cases on a Police Report pages 376 to 380
6. 55 Trial of Warrant Cases Otherwise Than on a Police Report pages 381 to 386
7. 56 When a Magistrate Cannot Dispose of the Case pages 387 to 393
8. 57 Trial of Summons Cases pages 394 to 399
9. 58 Summary Trials pages 400 to 404
10. 59 How Evidence Is Recorded pages 405 to 411
11. 60 Commissions for the Examination of Witnesses pages 412 to 417
12. 61 Evidence That Needs No Formal Proof pages 418 to 425
13. 62 Attendance of Persons Confined in Prison pages 426 to 430
14. 63 The Court's General Powers During a Trial pages 431 to 438
15. 64 Trial in the Absence of the Accused pages 439 to 445
16. 65 Plea Bargaining pages 446 to 452
17. 66 Double Jeopardy, and Who May Conduct the Prosecution pages 453 to 459
18. 67 Compounding of Offences, and Withdrawal from Prosecution pages 460 to 466
19. 68 Irregular Proceedings pages 467 to 473
20. 69 The Miscellaneous Chapter, and the Inherent Power of the High Court pages 474 to 479
Module 06 21 chapters
1. 70 The Judgment pages 480 to 487
2. 71 Confirmation of a Death Sentence pages 488 to 492
3. 72 Compensation to Victims, and to the Wrongly Accused pages 493 to 501
4. 73 Probation of Offenders: The Idea pages 502 to 509
5. 74 Probation and Suspended Sentence Distinguished pages 510 to 517
6. 75 The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender pages 518 to 528
7. 76 The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure pages 529 to 537
8. 77 Parole and Probation Compared pages 538 to 543
9. 78 Parole in India and Its Conditions pages 544 to 553
10. 79 Parole and Furlough: The Ideas and the Object pages 554 to 562
11. 80 Parole Violation and the Supervision of Parolees pages 563 to 570
12. 81 Who May Appeal, and Against What pages 571 to 578
13. 82 How an Appeal Is Heard and Decided pages 579 to 587
14. 83 Reference to the High Court pages 588 to 591
15. 84 Revision pages 592 to 598
16. 85 Transfer of Criminal Cases pages 599 to 605
17. 86 Execution of Sentences pages 606 to 613
18. 87 Mercy, Remission and Commutation pages 614 to 620
19. 88 Tender of Pardon to an Accomplice pages 621 to 627
20. 89 An Accused of Unsound Mind pages 628 to 636
21. 90 Disposal of Property pages 637 to 644
Module 07 19 chapters
1. 91 The Juvenile Justice Act: Object, Scheme and Application pages 645 to 650
2. 92 Juveniles in Conflict with Law: The Idea and the Definitions pages 651 to 658
3. 93 Juveniles in Conflict with Law: The Board, the Assessment and the Orders pages 659 to 670
4. 94 The Age of Criminal Responsibility pages 671 to 674
5. 95 Who Is a Child: the Definitions pages 675 to 682
6. 96 The General Principles pages 683 to 688
7. 97 The Juvenile Justice Board pages 689 to 696
8. 98 Apprehension, Bail and the First Steps pages 697 to 704
9. 99 Inquiry by the Board and the Preliminary Assessment pages 705 to 710
10. 100 Orders the Board May Pass pages 711 to 717
11. 101 The Children's Court, and the Child Who Turns Twenty-One pages 718 to 724
12. 102 Age, Appeals and Revision pages 725 to 733
13. 103 The Child Welfare Committee pages 734 to 740
14. 104 The Child in Need of Care and Protection pages 741 to 748
15. 105 Rehabilitation and Social Re-integration pages 749 to 756
16. 106 The Institutions pages 757 to 764
17. 107 The Machinery: Fund, Police and Monitoring pages 765 to 770
18. 108 Adoption pages 771 to 778
19. 109 The Adoption Agencies and the Authority pages 779 to 785
Criminal Minor Acts
Official Notes munotes.in

Criminal Minor Acts

SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 7

Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

For students of Savitribai Phule Pune University and all its affiliated law colleges

munotes.in Fourth Year

Criminal Minor Acts

Copyright © 2026 munotes.in. All rights reserved.

Written and first published by munotes.in, 2026.

This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

Licensing and permissions: contact@munotes.in

The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

munotes.in is an independent study resource for students of Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

munotes.in
Contents

Module 01 The Maharashtra Police Act, 1951
1. The Maharashtra Police Act, 1951: History, Objects, Scope and Definitions 1
2. The Police System in India 6
3. Superintendence, Control and Organisation of the Police Force under the Maharashtra Police Act 13
4. The Structural Organisation of Police at the Centre and in the States 18
5. Police Reforms 29
6. Regulation, Control and Discipline of the Police Force, and Police Regulations 38
7. Special Measures for the Maintenance of Public Order and Safety of the State 44
8. Powers and Duties of Police Under the Police Act 51
9. Executive Powers and Duties of the Police under the Maharashtra Police Act 60
Module 02 Arms Act 1959
1. The Arms Act, 1959: Objects, Scope, Definitions and Kinds of Arms 66
2. Acquisition, Possession and Licences under the Arms Act 71
3. Powers, Procedure, Offences and Penalties under the Arms Act 77
Module 03 The Unlawful Activities (prevention) Act, 1967
1. The UAPA 1967: Unlawful Associations 83
munotes.in
Contents continued

Module 03 continued The Unlawful Activities (prevention) Act, 1967
1. The UAPA: The Terrorist Act and the Terrorist Organisation 90
2. The UAPA: Section 43D(5) and Bail 98
Module 04 The Maharashtra Control of Organized Crime Act, 1999
1. Why Maharashtra Legislated MCOCA 104
2. What Organised Crime Is 107
3. The MCOCA Definitions 111
4. The Offence of Organised Crime 116
5. MCOCA and Sanhita Section 111 Side by Side 120
6. Unaccountable Wealth Held for a Syndicate 124
7. Forfeiture and Attachment of Property 127
8. MCOCA in the Supreme Court 131
9. The MCOCA Special Court 135
10. Procedure and Powers of the Special Court 139
11. Protection of Witnesses 143
12. Interception of Communications Under MCOCA 147
13. Special Rules of Evidence, and Confessions to a Police Officer 153
14. Bail, and the Modified Application of the Code 158
15. The Presumption Under Section 22 163
munotes.in
Contents continued

Module 04 continued The Maharashtra Control of Organized Crime Act, 1999
1. Sanction and Cognizance 167
2. Overriding Effect and the Rest of the Act 171
Module 05 The Narcotic Drugs and Psychotropic Substances Act, 1985
1. The NDPS Act, 1985: History, Objects, Definitions and Authorities 175
2. Prohibition, Control and Regulation under the NDPS Act 181
3. Offences and Punishments under the NDPS Act 186
4. Narcotic Drugs, Their Analysis, and the Quantity Question 192
5. Procedure under the NDPS Act: Search, Seizure, Arrest, Trial and Bail 196
Module 06 Cyber Laws in India
1. Why Cyberspace Needs Its Own Law 204
2. What a Cyber Crime Is 210
3. Payment Frauds and Other Online Scams 215
4. Phishing and Its Variants 220
5. Investigating a Cyber Fraud 225
6. The Information Technology Act and What It Was For 231
7. The Definitions That Decide a Cyber Offence 235
8. The Electronic Record and Signature Scheme 240
munotes.in
Contents continued

Module 06 continued Cyber Laws in India
1. Attribution, Acknowledgment and Secure Records 245
2. The Controller and the Certifying Authorities 251
3. Directions of the Controller 257
4. Electronic Signature Certificates and Subscribers 261
5. The Civil Wrong in Section 43 267
6. Section 43A and Data Protection Today 272
7. The Other Penalties, and Adjudication 276
8. Appeals, and the Tribunal That Was Abolished 282
9. Computer Related Offences Under Section 66 288
10. Tampering With Computer Source Documents 292
11. Receiving Stolen Data, Identity Theft and Cheating by Personation 296
12. Violation of Privacy 300
13. Cyber Terrorism 304
14. Obscenity in Electronic Form 308
15. Material Depicting Children in a Sexually Explicit Act 313
16. Misrepresentation, Breach of Confidentiality and False Certificates 317
17. Section 66A, and Shreya Singhal 322
18. Cyber Offences Outside the IT Act 326
munotes.in
Contents continued

Module 07 The Digital Personal Data Protection Act, 2023
1. What Data Protection Is, and How It Differs From Confidentiality 330
2. Privacy as a Fundamental Right: Puttaswamy 335
3. The Road to the Act: Srikrishna and Three Bills 340
4. Indian Data Protection Before the Act 346
5. The Scheme of the Act, and What Is Actually in Force 353
6. Where the Act Applies, and Where It Does Not 359
7. The Definitions the Data Protection Act Turns On 364
8. The Grounds for Processing, and the Notice 369
9. Consent, Its Withdrawal, and the Consent Manager 374
10. Certain Legitimate Uses 380
11. The General Obligations of a Data Fiduciary 386
12. The Rights of a Data Principal 392
13. The Duties of a Data Principal 398
14. Children and Persons With a Disability 403
15. Significant Data Fiduciaries 408
16. Transfer Outside India, and the Exemptions 413
17. Government Powers, Consistency and the Bar of Jurisdiction 420
18. The Data Protection Board of India 426
19. The Board's Powers, and the Procedure on a Complaint 432
munotes.in
Contents continued

Module 07 continued The Digital Personal Data Protection Act, 2023
1. Appeal, Mediation and the Voluntary Undertaking 438
2. Penalties, and the Schedule That Fixes Them 443
3. The Rule-Making Power, Laying and the Power to Amend the Schedule 448
4. The Digital Personal Data Protection Rules, 2025 454
5. What the Act Does to the Right to Information Act and the Information Technology Act 465
munotes.in
Page 1 onwards

munotes.in
470 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
Notes

2026 Edition, as per the latest syllabus. 470 pages.
Every chapter in the notes: 87 chapters across 7 modules
Module 01 9 chapters
1. 1 The Maharashtra Police Act, 1951: History, Objects, Scope and Definitions pages 1 to 5
2. 2 The Police System in India pages 6 to 12
3. 3 Superintendence, Control and Organisation of the Police Force under the Maharashtra Police Act pages 13 to 17
4. 4 The Structural Organisation of Police at the Centre and in the States pages 18 to 28
5. 5 Police Reforms pages 29 to 37
6. 6 Regulation, Control and Discipline of the Police Force, and Police Regulations pages 38 to 43
7. 7 Special Measures for the Maintenance of Public Order and Safety of the State pages 44 to 50
8. 8 Powers and Duties of Police Under the Police Act pages 51 to 59
9. 9 Executive Powers and Duties of the Police under the Maharashtra Police Act pages 60 to 65
Module 02 3 chapters
1. 10 The Arms Act, 1959: Objects, Scope, Definitions and Kinds of Arms pages 66 to 70
2. 11 Acquisition, Possession and Licences under the Arms Act pages 71 to 76
3. 12 Powers, Procedure, Offences and Penalties under the Arms Act pages 77 to 82
Module 03 3 chapters
1. 13 The UAPA 1967: Unlawful Associations pages 83 to 89
2. 14 The UAPA: The Terrorist Act and the Terrorist Organisation pages 90 to 97
3. 15 The UAPA: Section 43D(5) and Bail pages 98 to 103
Module 04 17 chapters
1. 16 Why Maharashtra Legislated MCOCA pages 104 to 106
2. 17 What Organised Crime Is pages 107 to 110
3. 18 The MCOCA Definitions pages 111 to 115
4. 19 The Offence of Organised Crime pages 116 to 119
5. 20 MCOCA and Sanhita Section 111 Side by Side pages 120 to 123
6. 21 Unaccountable Wealth Held for a Syndicate pages 124 to 126
7. 22 Forfeiture and Attachment of Property pages 127 to 130
8. 23 MCOCA in the Supreme Court pages 131 to 134
9. 24 The MCOCA Special Court pages 135 to 138
10. 25 Procedure and Powers of the Special Court pages 139 to 142
11. 26 Protection of Witnesses pages 143 to 146
12. 27 Interception of Communications Under MCOCA pages 147 to 152
13. 28 Special Rules of Evidence, and Confessions to a Police Officer pages 153 to 157
14. 29 Bail, and the Modified Application of the Code pages 158 to 162
15. 30 The Presumption Under Section 22 pages 163 to 166
16. 31 Sanction and Cognizance pages 167 to 170
17. 32 Overriding Effect and the Rest of the Act pages 171 to 174
Module 05 5 chapters
1. 33 The NDPS Act, 1985: History, Objects, Definitions and Authorities pages 175 to 180
2. 34 Prohibition, Control and Regulation under the NDPS Act pages 181 to 185
3. 35 Offences and Punishments under the NDPS Act pages 186 to 191
4. 36 Narcotic Drugs, Their Analysis, and the Quantity Question pages 192 to 195
5. 37 Procedure under the NDPS Act: Search, Seizure, Arrest, Trial and Bail pages 196 to 203
Module 06 26 chapters
1. 38 Why Cyberspace Needs Its Own Law pages 204 to 209
2. 39 What a Cyber Crime Is pages 210 to 214
3. 40 Payment Frauds and Other Online Scams pages 215 to 219
4. 41 Phishing and Its Variants pages 220 to 224
5. 42 Investigating a Cyber Fraud pages 225 to 230
6. 43 The Information Technology Act and What It Was For pages 231 to 234
7. 44 The Definitions That Decide a Cyber Offence pages 235 to 239
8. 45 The Electronic Record and Signature Scheme pages 240 to 244
9. 46 Attribution, Acknowledgment and Secure Records pages 245 to 250
10. 47 The Controller and the Certifying Authorities pages 251 to 256
11. 48 Directions of the Controller pages 257 to 260
12. 49 Electronic Signature Certificates and Subscribers pages 261 to 266
13. 50 The Civil Wrong in Section 43 pages 267 to 271
14. 51 Section 43A and Data Protection Today pages 272 to 275
15. 52 The Other Penalties, and Adjudication pages 276 to 281
16. 53 Appeals, and the Tribunal That Was Abolished pages 282 to 287
17. 54 Computer Related Offences Under Section 66 pages 288 to 291
18. 55 Tampering With Computer Source Documents pages 292 to 295
19. 56 Receiving Stolen Data, Identity Theft and Cheating by Personation pages 296 to 299
20. 57 Violation of Privacy pages 300 to 303
21. 58 Cyber Terrorism pages 304 to 307
22. 59 Obscenity in Electronic Form pages 308 to 312
23. 60 Material Depicting Children in a Sexually Explicit Act pages 313 to 316
24. 61 Misrepresentation, Breach of Confidentiality and False Certificates pages 317 to 321
25. 62 Section 66A, and Shreya Singhal pages 322 to 325
26. 63 Cyber Offences Outside the IT Act pages 326 to 329
Module 07 24 chapters
1. 64 What Data Protection Is, and How It Differs From Confidentiality pages 330 to 334
2. 65 Privacy as a Fundamental Right: Puttaswamy pages 335 to 339
3. 66 The Road to the Act: Srikrishna and Three Bills pages 340 to 345
4. 67 Indian Data Protection Before the Act pages 346 to 352
5. 68 The Scheme of the Act, and What Is Actually in Force pages 353 to 358
6. 69 Where the Act Applies, and Where It Does Not pages 359 to 363
7. 70 The Definitions the Data Protection Act Turns On pages 364 to 368
8. 71 The Grounds for Processing, and the Notice pages 369 to 373
9. 72 Consent, Its Withdrawal, and the Consent Manager pages 374 to 379
10. 73 Certain Legitimate Uses pages 380 to 385
11. 74 The General Obligations of a Data Fiduciary pages 386 to 391
12. 75 The Rights of a Data Principal pages 392 to 397
13. 76 The Duties of a Data Principal pages 398 to 402
14. 77 Children and Persons With a Disability pages 403 to 407
15. 78 Significant Data Fiduciaries pages 408 to 412
16. 79 Transfer Outside India, and the Exemptions pages 413 to 419
17. 80 Government Powers, Consistency and the Bar of Jurisdiction pages 420 to 425
18. 81 The Data Protection Board of India pages 426 to 431
19. 82 The Board's Powers, and the Procedure on a Complaint pages 432 to 437
20. 83 Appeal, Mediation and the Voluntary Undertaking pages 438 to 442
21. 84 Penalties, and the Schedule That Fixes Them pages 443 to 447
22. 85 The Rule-Making Power, Laying and the Power to Amend the Schedule pages 448 to 453
23. 86 The Digital Personal Data Protection Rules, 2025 pages 454 to 464
24. 87 What the Act Does to the Right to Information Act and the Information Technology Act pages 465 to 470
Investment and Securities Law
Official Notes munotes.in

Investment and Securities Law

SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 7

Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

For students of Savitribai Phule Pune University and all its affiliated law colleges

munotes.in Fourth Year

Investment and Securities Law

Copyright © 2026 munotes.in. All rights reserved.

Written and first published by munotes.in, 2026.

This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

Licensing and permissions: contact@munotes.in

The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

munotes.in is an independent study resource for students of Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

munotes.in
Contents

Module 01 Regulatory Framework to Govern Securities in India
1. The Growth of the Indian Capital Market 1
2. Securities as Property 7
3. Kinds of Share Capital and the Nature of a Share 14
4. Issue and Redemption of Preference Shares 20
5. Debentures and the Power to Nominate 26
6. What a Prospectus Is, and What It Must Say 33
7. Kinds of Prospectus 40
8. The Golden Rule, or Golden Legacy 47
9. Disclosure Norms under the Companies Act, the SCRA and the SEBI Act 52
Module 02 Concept of Securities Market and Securities Market Intermediaries
1. The Indian Capital Market: Structure 56
2. How a Company Raises Money: Public Offer and Private Placement 62
3. Resource Mobilisation in the Capital Market 67
4. The Public Offer 72
5. Pricing the Issue 79
6. Further Issue of Share Capital and Bonus Shares 84
7. Private Placement and Global Depository Receipts 91
8. The ICDR Regulations: IPO, FPO, Bonus Issue and Qualified Institutions Placement 98
munotes.in
Contents continued

Module 02 continued Concept of Securities Market and Securities Market Intermediaries
1. Registration of Intermediaries, and Market Abuse 103
2. Securities Market Intermediaries: Who They Are and What They Do 110
Module 03 Securities and Exchange Board of India and the Depositories Act, 1996
1. Why SEBI: The Securities Market and Its Regulator 114
2. The Formation of the SEBI Board 119
3. Features of the Indian Capital Market and the Role of SEBI 124
4. The Functions and Powers of SEBI 131
5. Penalties and Adjudication under the SEBI Act 139
6. Offences, Special Courts and Recovery under the SEBI Act 146
7. SEBI's Informal Guidance: No-action Letters and Interpretive Letters 152
8. SEBI's Finance and the Remaining Provisions 157
9. The Securities Appellate Tribunal 163
10. Dematerialisation 169
11. The Depositories Act, 1996: Rights and Obligations, and Rematerialisation 176
12. Allotment of Securities 182
13. Transfer and Transmission of Securities 188
14. The Register of Members, and Significant Beneficial Owners 195
munotes.in
Contents continued

Module 04 Stock Exchange and Investor Protection
1. Recognised Stock Exchanges under the SCRA: Recognition, Withdrawal and Demutualisation 205
2. Minimum Public Shareholding, and Listing under the SCRA 212
3. Contracts in Securities: Spot Delivery, Badla, Futures and Options 216
4. Derivatives and the Law 221
5. Investor Protection: the Design 229
6. Acceptance of Deposits: What a Deposit Is and Who May Take One 235
7. Repayment, Damages for Fraud, and Punishment 242
8. Civil Liability for Mis-statements in a Prospectus 249
9. Criminal Liability, Fraudulent Inducement and Personation 255
10. Books of Account and Financial Statements 262
11. Declaration and Payment of Dividend 271
12. Class Action 280
Module 05 Insider Trading and Takeover Code
1. Insider Trading: The Definitions 289
2. Insider Trading: Trading Plans, Window Closure and Penalties 298
3. Insider Trading in the United Kingdom and the United States 309
4. Takeovers, the SEBI Regulations and the Competition Act 315
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Contents continued

Module 05 continued Insider Trading and Takeover Code
1. The Takeover Code: Definitions and Triggers 319
2. The Takeover Code: Public Announcement, Open Offer and Exemptions 325
Module 06 SEBI (Listing Obligations and Disclosure Requirement Regulations)
1. Listing, Delisting and the Listing Agreement 330
2. The LODR Regulations: Principles of Disclosure, the Compliance Officer and Investor Grievances 335
3. Board Composition and Independent Directors 340
4. Board Committees 353
5. Disclosure of Interest and Related Party Transactions 362
6. Corporate Governance 372
7. Corporate Governance under the LODR Regulations 381
8. Disclosure of Events, Reclassification of Promoters and the Annual Report 386
9. The Board's Report, the Annual Report and Integrated Reporting 392
Module 07 Foreign Investment Laws
1. From FERA to FEMA 400
2. The Key Definitions of FEMA 405
3. Dealing in and Holding Foreign Exchange 410
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Contents continued

Module 07 continued Foreign Investment Laws
1. Current Account Transactions 415
2. Capital Account Transactions and Foreign Investment 419
3. Export of Goods and Services, and Realisation of Foreign Exchange 424
4. Authorised Persons and the Reserve Bank under FEMA 429
5. Contraventions, Penalties and Compounding 434
6. Adjudication and Appeals under FEMA 440
7. The Directorate of Enforcement, and the Rest of FEMA 446
8. Foreign Direct Investment in India 452
9. FDI Instruments, Reporting and Enforcement 467
10. Overseas Direct Investment, Joint Ventures and Wholly Owned Subsidiaries 477
11. NRI Investment and Foreign Portfolio Investment 483
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Page 1 onwards

munotes.in
488 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
Notes

2026 Edition, as per the latest syllabus. 488 pages.
Every chapter in the notes: 74 chapters across 7 modules
Module 01 9 chapters
1. 1 The Growth of the Indian Capital Market pages 1 to 6
2. 2 Securities as Property pages 7 to 13
3. 3 Kinds of Share Capital and the Nature of a Share pages 14 to 19
4. 4 Issue and Redemption of Preference Shares pages 20 to 25
5. 5 Debentures and the Power to Nominate pages 26 to 32
6. 6 What a Prospectus Is, and What It Must Say pages 33 to 39
7. 7 Kinds of Prospectus pages 40 to 46
8. 8 The Golden Rule, or Golden Legacy pages 47 to 51
9. 9 Disclosure Norms under the Companies Act, the SCRA and the SEBI Act pages 52 to 55
Module 02 10 chapters
1. 10 The Indian Capital Market: Structure pages 56 to 61
2. 11 How a Company Raises Money: Public Offer and Private Placement pages 62 to 66
3. 12 Resource Mobilisation in the Capital Market pages 67 to 71
4. 13 The Public Offer pages 72 to 78
5. 14 Pricing the Issue pages 79 to 83
6. 15 Further Issue of Share Capital and Bonus Shares pages 84 to 90
7. 16 Private Placement and Global Depository Receipts pages 91 to 97
8. 17 The ICDR Regulations: IPO, FPO, Bonus Issue and Qualified Institutions Placement pages 98 to 102
9. 18 Registration of Intermediaries, and Market Abuse pages 103 to 109
10. 19 Securities Market Intermediaries: Who They Are and What They Do pages 110 to 113
Module 03 14 chapters
1. 20 Why SEBI: The Securities Market and Its Regulator pages 114 to 118
2. 21 The Formation of the SEBI Board pages 119 to 123
3. 22 Features of the Indian Capital Market and the Role of SEBI pages 124 to 130
4. 23 The Functions and Powers of SEBI pages 131 to 138
5. 24 Penalties and Adjudication under the SEBI Act pages 139 to 145
6. 25 Offences, Special Courts and Recovery under the SEBI Act pages 146 to 151
7. 26 SEBI's Informal Guidance: No-action Letters and Interpretive Letters pages 152 to 156
8. 27 SEBI's Finance and the Remaining Provisions pages 157 to 162
9. 28 The Securities Appellate Tribunal pages 163 to 168
10. 29 Dematerialisation pages 169 to 175
11. 30 The Depositories Act, 1996: Rights and Obligations, and Rematerialisation pages 176 to 181
12. 31 Allotment of Securities pages 182 to 187
13. 32 Transfer and Transmission of Securities pages 188 to 194
14. 33 The Register of Members, and Significant Beneficial Owners pages 195 to 204
Module 04 12 chapters
1. 34 Recognised Stock Exchanges under the SCRA: Recognition, Withdrawal and Demutualisation pages 205 to 211
2. 35 Minimum Public Shareholding, and Listing under the SCRA pages 212 to 215
3. 36 Contracts in Securities: Spot Delivery, Badla, Futures and Options pages 216 to 220
4. 37 Derivatives and the Law pages 221 to 228
5. 38 Investor Protection: the Design pages 229 to 234
6. 39 Acceptance of Deposits: What a Deposit Is and Who May Take One pages 235 to 241
7. 40 Repayment, Damages for Fraud, and Punishment pages 242 to 248
8. 41 Civil Liability for Mis-statements in a Prospectus pages 249 to 254
9. 42 Criminal Liability, Fraudulent Inducement and Personation pages 255 to 261
10. 43 Books of Account and Financial Statements pages 262 to 270
11. 44 Declaration and Payment of Dividend pages 271 to 279
12. 45 Class Action pages 280 to 288
Module 05 6 chapters
1. 46 Insider Trading: The Definitions pages 289 to 297
2. 47 Insider Trading: Trading Plans, Window Closure and Penalties pages 298 to 308
3. 48 Insider Trading in the United Kingdom and the United States pages 309 to 314
4. 49 Takeovers, the SEBI Regulations and the Competition Act pages 315 to 318
5. 50 The Takeover Code: Definitions and Triggers pages 319 to 324
6. 51 The Takeover Code: Public Announcement, Open Offer and Exemptions pages 325 to 329
Module 06 9 chapters
1. 52 Listing, Delisting and the Listing Agreement pages 330 to 334
2. 53 The LODR Regulations: Principles of Disclosure, the Compliance Officer and Investor Grievances pages 335 to 339
3. 54 Board Composition and Independent Directors pages 340 to 352
4. 55 Board Committees pages 353 to 361
5. 56 Disclosure of Interest and Related Party Transactions pages 362 to 371
6. 57 Corporate Governance pages 372 to 380
7. 58 Corporate Governance under the LODR Regulations pages 381 to 385
8. 59 Disclosure of Events, Reclassification of Promoters and the Annual Report pages 386 to 391
9. 60 The Board's Report, the Annual Report and Integrated Reporting pages 392 to 399
Module 07 14 chapters
1. 61 From FERA to FEMA pages 400 to 404
2. 62 The Key Definitions of FEMA pages 405 to 409
3. 63 Dealing in and Holding Foreign Exchange pages 410 to 414
4. 64 Current Account Transactions pages 415 to 418
5. 65 Capital Account Transactions and Foreign Investment pages 419 to 423
6. 66 Export of Goods and Services, and Realisation of Foreign Exchange pages 424 to 428
7. 67 Authorised Persons and the Reserve Bank under FEMA pages 429 to 433
8. 68 Contraventions, Penalties and Compounding pages 434 to 439
9. 69 Adjudication and Appeals under FEMA pages 440 to 445
10. 70 The Directorate of Enforcement, and the Rest of FEMA pages 446 to 451
11. 71 Foreign Direct Investment in India pages 452 to 466
12. 72 FDI Instruments, Reporting and Enforcement pages 467 to 476
13. 73 Overseas Direct Investment, Joint Ventures and Wholly Owned Subsidiaries pages 477 to 482
14. 74 NRI Investment and Foreign Portfolio Investment pages 483 to 488
Professional Ethics and Contempt of Court Law
Official Notes munotes.in

Professional Ethics and Contempt of Court Law

SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 7

Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

For students of Savitribai Phule Pune University and all its affiliated law colleges

munotes.in Fourth Year

Professional Ethics and Contempt of Court Law

Copyright © 2026 munotes.in. All rights reserved.

Written and first published by munotes.in, 2026.

This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

Licensing and permissions: contact@munotes.in

The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

munotes.in is an independent study resource for students of Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

munotes.in
Contents

Module 01 History of Legal Profession in India
1. The Legal Profession in Pre-British India 1
2. Law Practitioners in the Mayor's Court, 1726 6
3. The Legal Profession under the Charter of 1774 11
4. The Company's Courts, and the Legal Practitioners Acts of 1846 and 1853 16
5. The Profession under the Indian High Courts Act 1861 23
6. The Legal Practitioners Act 1879 30
7. The Indian Bar Committee 1923 and the Indian Bar Councils Act 1926 39
8. The All-India Bar Committee of 1951 50
9. Salient Features of the Advocates Act 1961: The Act as a Whole 58
Module 02 Norms of Professional Ethics and Duties
1. What Professional Ethics Means, and Where the Bar Council Gets the Power to Impose It 65
2. The Standards of Professional Conduct and Etiquette: How the Rules Are Arranged 70
3. Duty to the Court: Rules 1 to 10 74
4. Duty to the Client I: Accepting a Brief, Refusing One, and Withdrawing 80
5. Duty to the Client II: Conflict of Interest and the Duty of Confidence 86
6. Duty to the Client III: Fees, and What an Advocate May Not Charge 92
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Contents continued

Module 02 continued Norms of Professional Ethics and Duties
1. Duty to the Opponent: Rules 34 and 35 97
2. Duty to Colleagues, and the Rule Against Advertising: Rules 36 to 39 101
3. Duty to the Profession: Other Employment, Training and the Welfare Fund 107
4. Duty to the Public, the State and Society 114
5. Duty to Render Legal Aid: Rule 46, Article 39A and the Legal Services Authorities Act 119
6. Duty to the Self: Independence, Self-Respect and the Habits of a Working Life 125
7. Advocate, Lawyer, Legal Practitioner and Pleader: The Words the Act Defines 130
Module 03 Introduction and Authorities (the Advocates Act, 1961)
1. The Bar Council of India: Constitution, Powers and Functions 134
2. The State Bar Council: Constitution, Powers and Functions 141
3. The Two Bar Councils Compared, and Who Answers to Whom 147
Module 04 Admission and Enrolment of Advocates (the Advocates Act, 1961)
1. Who May Be Admitted as an Advocate: Section 24 and Its Five Conditions 152
2. Disqualification for Enrolment: Section 24A and the Two-Year Rule 157
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Contents continued

Module 04 continued Admission and Enrolment of Advocates (the Advocates Act, 1961)
1. The Procedure of Enrolment: Application, Disposal, Certificate and the Roll 162
2. The All India Bar Examination: Bonnie Foi, and What Enrolment Alone Does Not Give You 167
3. What Enrolment Costs: Section 24(1)(f) and Gaurav Kumar 172
4. Senior Counsel, Junior Counsel, Advocate-on-Record and Amicus Curiae 177
5. Designation as Senior Advocate: Section 16, and Indira Jaising 182
6. Solicitor, Barrister, Attorney: The English Words, and What Survives of Them in India 191
7. Privileges of a Lawyer 195
Module 05 Enrolment and Right to Practice and Limitations of such Right (the Advocates Act, 1961)
1. The Right to Practise: Sections 29 to 34 200
2. Touts, and the Monopoly of the Bar: Section 45A 205
3. The Seven Lamps of Advocacy 211
4. The Equipment of the Lawyer: Learning, Character, Industry and Training 216
5. Is the Right to Practise a Fundamental Right, and May Advocates Strike? 222
6. Bar and Bench: What the Relationship Is, and Why It Matters 227
7. The Role of the Bar in Strengthening Bar-Bench Relations 233
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Contents continued

Module 06 Conduct of Advocates (the Advocates Act, 1961)
1. What Professional Misconduct Is: Section 35 and the Words 'Or Otherwise' 238
2. Misconduct Towards the Client: Money, Papers and Changing Sides 244
3. Misconduct Towards the Court: Falsehood, Fabrication and Advising a Bribe 250
4. Misconduct Outside Professional Work, and Conduct That Is Not Misconduct 256
5. Punishment for Misconduct: The Four Orders Under Section 35(3) 261
6. The Disciplinary Committee of the State Bar Council: Organisation, Powers and Procedure 266
7. The Disciplinary Committee of the Bar Council of India: Organisation, Powers and Procedure 272
8. Transfer of Proceedings from the State Bar Council to the Bar Council of India 277
9. Remedies III: Review Under Section 44, and Why a State Council's Review Needs Approval 283
10. Remedies I: Appeal to the Bar Council of India Under Section 37 289
11. Remedies II: Appeal to the Supreme Court Under Section 38 294
12. Remedies IV: Revision Under Section 48A, Review Under Section 48AA, and Directions Under Section 48B 299
13. The Remedies Compared: Which Door, and When 304
14. Selected Opinions of the Disciplinary Committees of the Bar Councils 309
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Contents continued

Module 06 continued Conduct of Advocates (the Advocates Act, 1961)
1. Major Judgments of the Supreme Court on Professional Misconduct 315
2. What the Supreme Court May Not Do: Supreme Court Bar Association and the Limits of Article 142 322
3. The Cases SPPU Prescribes on Professional Ethics 328
Module 07 The Contempt of Courts Act, 1971
1. What Contempt of Court Is, and Where the Power Comes From 337
2. Civil Contempt: Section 2(b) 343
3. Criminal Contempt: Section 2(c) and Its Three Limbs 349
4. What Is Not Contempt: Sections 3 to 9 and Section 13 356
5. Punishment for Contempt: Section 12 363
6. Contempt Procedure: Sections 14, 15, 17, 18 and 20 369
7. Contempt by an Advocate, and the Two Jurisdictions That Bite 376
8. Contempt of Subordinate Courts: Sections 10, 11 and Section 15(2) 383
9. Appeals in Contempt: Section 19, and Sections 21 to 24 389
10. The Cases SPPU Prescribes on Contempt of Court 394
Module 08 E-Courts in India and Digital Transformation of the Judiciary
1. e-Courts, e-Filing and Virtual Hearings 404
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Page 1 onwards

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414 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
Notes

2026 Edition, as per the latest syllabus. 414 pages.
Every chapter in the notes: 69 chapters across 8 modules
Module 01 9 chapters
1. 1 The Legal Profession in Pre-British India pages 1 to 5
2. 2 Law Practitioners in the Mayor's Court, 1726 pages 6 to 10
3. 3 The Legal Profession under the Charter of 1774 pages 11 to 15
4. 4 The Company's Courts, and the Legal Practitioners Acts of 1846 and 1853 pages 16 to 22
5. 5 The Profession under the Indian High Courts Act 1861 pages 23 to 29
6. 6 The Legal Practitioners Act 1879 pages 30 to 38
7. 7 The Indian Bar Committee 1923 and the Indian Bar Councils Act 1926 pages 39 to 49
8. 8 The All-India Bar Committee of 1951 pages 50 to 57
9. 9 Salient Features of the Advocates Act 1961: The Act as a Whole pages 58 to 64
Module 02 13 chapters
1. 10 What Professional Ethics Means, and Where the Bar Council Gets the Power to Impose It pages 65 to 69
2. 11 The Standards of Professional Conduct and Etiquette: How the Rules Are Arranged pages 70 to 73
3. 12 Duty to the Court: Rules 1 to 10 pages 74 to 79
4. 13 Duty to the Client I: Accepting a Brief, Refusing One, and Withdrawing pages 80 to 85
5. 14 Duty to the Client II: Conflict of Interest and the Duty of Confidence pages 86 to 91
6. 15 Duty to the Client III: Fees, and What an Advocate May Not Charge pages 92 to 96
7. 16 Duty to the Opponent: Rules 34 and 35 pages 97 to 100
8. 17 Duty to Colleagues, and the Rule Against Advertising: Rules 36 to 39 pages 101 to 106
9. 18 Duty to the Profession: Other Employment, Training and the Welfare Fund pages 107 to 113
10. 19 Duty to the Public, the State and Society pages 114 to 118
11. 20 Duty to Render Legal Aid: Rule 46, Article 39A and the Legal Services Authorities Act pages 119 to 124
12. 21 Duty to the Self: Independence, Self-Respect and the Habits of a Working Life pages 125 to 129
13. 22 Advocate, Lawyer, Legal Practitioner and Pleader: The Words the Act Defines pages 130 to 133
Module 03 3 chapters
1. 23 The Bar Council of India: Constitution, Powers and Functions pages 134 to 140
2. 24 The State Bar Council: Constitution, Powers and Functions pages 141 to 146
3. 25 The Two Bar Councils Compared, and Who Answers to Whom pages 147 to 151
Module 04 9 chapters
1. 26 Who May Be Admitted as an Advocate: Section 24 and Its Five Conditions pages 152 to 156
2. 27 Disqualification for Enrolment: Section 24A and the Two-Year Rule pages 157 to 161
3. 28 The Procedure of Enrolment: Application, Disposal, Certificate and the Roll pages 162 to 166
4. 29 The All India Bar Examination: Bonnie Foi, and What Enrolment Alone Does Not Give You pages 167 to 171
5. 30 What Enrolment Costs: Section 24(1)(f) and Gaurav Kumar pages 172 to 176
6. 31 Senior Counsel, Junior Counsel, Advocate-on-Record and Amicus Curiae pages 177 to 181
7. 32 Designation as Senior Advocate: Section 16, and Indira Jaising pages 182 to 190
8. 33 Solicitor, Barrister, Attorney: The English Words, and What Survives of Them in India pages 191 to 194
9. 34 Privileges of a Lawyer pages 195 to 199
Module 05 7 chapters
1. 35 The Right to Practise: Sections 29 to 34 pages 200 to 204
2. 36 Touts, and the Monopoly of the Bar: Section 45A pages 205 to 210
3. 37 The Seven Lamps of Advocacy pages 211 to 215
4. 38 The Equipment of the Lawyer: Learning, Character, Industry and Training pages 216 to 221
5. 39 Is the Right to Practise a Fundamental Right, and May Advocates Strike? pages 222 to 226
6. 40 Bar and Bench: What the Relationship Is, and Why It Matters pages 227 to 232
7. 41 The Role of the Bar in Strengthening Bar-Bench Relations pages 233 to 237
Module 06 17 chapters
1. 42 What Professional Misconduct Is: Section 35 and the Words 'Or Otherwise' pages 238 to 243
2. 43 Misconduct Towards the Client: Money, Papers and Changing Sides pages 244 to 249
3. 44 Misconduct Towards the Court: Falsehood, Fabrication and Advising a Bribe pages 250 to 255
4. 45 Misconduct Outside Professional Work, and Conduct That Is Not Misconduct pages 256 to 260
5. 46 Punishment for Misconduct: The Four Orders Under Section 35(3) pages 261 to 265
6. 47 The Disciplinary Committee of the State Bar Council: Organisation, Powers and Procedure pages 266 to 271
7. 48 The Disciplinary Committee of the Bar Council of India: Organisation, Powers and Procedure pages 272 to 276
8. 49 Transfer of Proceedings from the State Bar Council to the Bar Council of India pages 277 to 282
9. 50 Remedies III: Review Under Section 44, and Why a State Council's Review Needs Approval pages 283 to 288
10. 51 Remedies I: Appeal to the Bar Council of India Under Section 37 pages 289 to 293
11. 52 Remedies II: Appeal to the Supreme Court Under Section 38 pages 294 to 298
12. 53 Remedies IV: Revision Under Section 48A, Review Under Section 48AA, and Directions Under Section 48B pages 299 to 303
13. 54 The Remedies Compared: Which Door, and When pages 304 to 308
14. 55 Selected Opinions of the Disciplinary Committees of the Bar Councils pages 309 to 314
15. 56 Major Judgments of the Supreme Court on Professional Misconduct pages 315 to 321
16. 57 What the Supreme Court May Not Do: Supreme Court Bar Association and the Limits of Article 142 pages 322 to 327
17. 58 The Cases SPPU Prescribes on Professional Ethics pages 328 to 336
Module 07 10 chapters
1. 59 What Contempt of Court Is, and Where the Power Comes From pages 337 to 342
2. 60 Civil Contempt: Section 2(b) pages 343 to 348
3. 61 Criminal Contempt: Section 2(c) and Its Three Limbs pages 349 to 355
4. 62 What Is Not Contempt: Sections 3 to 9 and Section 13 pages 356 to 362
5. 63 Punishment for Contempt: Section 12 pages 363 to 368
6. 64 Contempt Procedure: Sections 14, 15, 17, 18 and 20 pages 369 to 375
7. 65 Contempt by an Advocate, and the Two Jurisdictions That Bite pages 376 to 382
8. 66 Contempt of Subordinate Courts: Sections 10, 11 and Section 15(2) pages 383 to 388
9. 67 Appeals in Contempt: Section 19, and Sections 21 to 24 pages 389 to 393
10. 68 The Cases SPPU Prescribes on Contempt of Court pages 394 to 403
Module 08 1 chapter
1. 69 e-Courts, e-Filing and Virtual Hearings pages 404 to 414
Interpretation of Statutes
Official Notes munotes.in

Interpretation of Statutes

SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 7

Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

For students of Savitribai Phule Pune University and all its affiliated law colleges

munotes.in Fourth Year

Interpretation of Statutes

Copyright © 2026 munotes.in. All rights reserved.

Written and first published by munotes.in, 2026.

This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

Licensing and permissions: contact@munotes.in

The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

munotes.in is an independent study resource for students of Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

munotes.in
Contents

Module 01 Introduction to Interpretation and role of General Clauses Act, 1897
1. What Interpretation Is, and Why It Is Needed 1
2. Context, Fringe Meaning and Beneficial Construction 5
3. Rules of Interpretation Are Not Rules of Law: the Courts' Function and Its Limits 13
4. Statutes: Meaning and Classification 17
5. Codifying and Consolidating Statutes 25
6. Interpretation of Substantive and Adjective Statutes 30
7. Interpretation of Directory and Mandatory Provisions 37
8. Enabling Statutes 44
9. Statutes Conferring Powers 49
10. Statutes Conferring Rights 54
Module 02 General Principles and Rules of Interpretation
1. The Literal Rule 59
2. The Golden Rule 66
3. The Mischief Rule, or the Rule in Heydon's Case 72
4. The Rule of Harmonious Construction 80
5. Secondary Rules: Noscitur a Sociis, Ejusdem Generis and Reddendo Singula Singulis 87
6. The Non Obstante Clause, and the Curative or Ganga Clause 96
7. Legal Fiction 102
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Contents continued

Module 02 continued General Principles and Rules of Interpretation
1. Exact Meaning, Technical Words and Negative Words 107
2. Same Word, Same Meaning; and the Use of Different Words 113
3. Casus Omissus: Why a Court Does Not Fill a Gap 118
Module 03 Internal and External Aids to Interpretation
1. Understanding a Statute: The Parts of an Act 125
2. Internal Aids to the Interpretation of a Statute 133
3. The Titles, the Preamble, Headings and Marginal Notes as Aids 146
4. Definitions, Illustrations, Exceptions, Provisos and Saving Clauses 152
5. External Aids to the Interpretation of a Statute 157
6. Legislative History and Parliamentary Debates 166
7. Reports of Commissions 171
8. Statutes in Pari Materia, and Earlier and Later Statutes as Aids 176
9. Dictionaries and Contemporanea Expositio 180
10. Historical Facts, Later Developments and Foreign Decisions as Aids 185
Module 04 Approaches, Restraints and Presumption in Interpretation
1. What Judicial Activism Is 190
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Contents continued

Module 04 continued Approaches, Restraints and Presumption in Interpretation
1. The Varieties of Judicial Activism 194
2. Judicial Activism and Judicial Restraint 198
3. Presumptions in Statutory Interpretation 202
4. Statutes Affecting the Jurisdiction of Courts 210
5. Statutes Are Presumed to Be Valid: the Presumption of Constitutionality 215
6. Statutes Are Territorial in Operation 220
7. Territorial Nexus 224
8. The Presumption against Violation of International Law 228
9. The Presumption against Violation of the Common Law 232
10. Statutes Affecting the State: Is the Crown or the State Bound? 235
Module 05 Modes of Interpretation of Constitution
1. The Principles of Constitutional Interpretation 239
2. The Constitution as a Living Document 244
3. The Role of the Courts in Constitutional Adjudication 248
4. The Seventh Schedule, and the Order of Precedence 252
5. Pith and Substance 257
6. Colourable Legislation 261
7. The Doctrine of the Occupied Field 265
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Contents continued

Module 05 continued Modes of Interpretation of Constitution
1. Repugnancy, and Article 254 270
2. Distinguishing and Overruling: Precedent as Creativity 276
3. Article 141 and Stare Decisis in India 280
4. When the Supreme Court Departs from Itself 284
5. The Third Judges Case 288
6. The Philosophy of Judicial Review and Limited Government 292
Module 06 Construction of Penal, Taxing and Remedial Statute
1. The Interpretation of Taxing Statutes 296
2. Taxing Statutes, Penal Statutes and Welfare Legislation 302
3. The Strict Construction of Penal Statutes 310
4. Mens Rea in Statutory Offences, Vicarious Liability and Offences by Companies 315
5. Evasion of Statutes 321
6. Declaratory and Remedial Statutes 325
7. Interpretation by Subject Matter and Purpose: Restrictive and Beneficial Construction 331
Module 07 Commencement, Operation, Expiry and Repeal of Statute
1. Commencement of Statutes 339
2. The Operation of a Statute: In Time and in Place 346
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Contents continued

Module 07 continued Commencement, Operation, Expiry and Repeal of Statute
1. Prospective Application and Retrospective Effect 349
2. Perpetual and Temporary Statutes, and the Effect of Expiry 356
3. The Power to Repeal, and the Presumption against Implied Repeal 362
4. Repeal of Statutes, and the Provisions Dealing with Repeal under the General Clauses Act 369
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Page 1 onwards

munotes.in
376 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
Notes

2026 Edition, as per the latest syllabus. 376 pages.
Every chapter in the notes: 67 chapters across 7 modules
Module 01 10 chapters
1. 1 What Interpretation Is, and Why It Is Needed pages 1 to 4
2. 2 Context, Fringe Meaning and Beneficial Construction pages 5 to 12
3. 3 Rules of Interpretation Are Not Rules of Law: the Courts' Function and Its Limits pages 13 to 16
4. 4 Statutes: Meaning and Classification pages 17 to 24
5. 5 Codifying and Consolidating Statutes pages 25 to 29
6. 6 Interpretation of Substantive and Adjective Statutes pages 30 to 36
7. 7 Interpretation of Directory and Mandatory Provisions pages 37 to 43
8. 8 Enabling Statutes pages 44 to 48
9. 9 Statutes Conferring Powers pages 49 to 53
10. 10 Statutes Conferring Rights pages 54 to 58
Module 02 10 chapters
1. 11 The Literal Rule pages 59 to 65
2. 12 The Golden Rule pages 66 to 71
3. 13 The Mischief Rule, or the Rule in Heydon's Case pages 72 to 79
4. 14 The Rule of Harmonious Construction pages 80 to 86
5. 15 Secondary Rules: Noscitur a Sociis, Ejusdem Generis and Reddendo Singula Singulis pages 87 to 95
6. 16 The Non Obstante Clause, and the Curative or Ganga Clause pages 96 to 101
7. 17 Legal Fiction pages 102 to 106
8. 18 Exact Meaning, Technical Words and Negative Words pages 107 to 112
9. 19 Same Word, Same Meaning; and the Use of Different Words pages 113 to 117
10. 20 Casus Omissus: Why a Court Does Not Fill a Gap pages 118 to 124
Module 03 10 chapters
1. 21 Understanding a Statute: The Parts of an Act pages 125 to 132
2. 22 Internal Aids to the Interpretation of a Statute pages 133 to 145
3. 23 The Titles, the Preamble, Headings and Marginal Notes as Aids pages 146 to 151
4. 24 Definitions, Illustrations, Exceptions, Provisos and Saving Clauses pages 152 to 156
5. 25 External Aids to the Interpretation of a Statute pages 157 to 165
6. 26 Legislative History and Parliamentary Debates pages 166 to 170
7. 27 Reports of Commissions pages 171 to 175
8. 28 Statutes in Pari Materia, and Earlier and Later Statutes as Aids pages 176 to 179
9. 29 Dictionaries and Contemporanea Expositio pages 180 to 184
10. 30 Historical Facts, Later Developments and Foreign Decisions as Aids pages 185 to 189
Module 04 11 chapters
1. 31 What Judicial Activism Is pages 190 to 193
2. 32 The Varieties of Judicial Activism pages 194 to 197
3. 33 Judicial Activism and Judicial Restraint pages 198 to 201
4. 34 Presumptions in Statutory Interpretation pages 202 to 209
5. 35 Statutes Affecting the Jurisdiction of Courts pages 210 to 214
6. 36 Statutes Are Presumed to Be Valid: the Presumption of Constitutionality pages 215 to 219
7. 37 Statutes Are Territorial in Operation pages 220 to 223
8. 38 Territorial Nexus pages 224 to 227
9. 39 The Presumption against Violation of International Law pages 228 to 231
10. 40 The Presumption against Violation of the Common Law pages 232 to 234
11. 41 Statutes Affecting the State: Is the Crown or the State Bound? pages 235 to 238
Module 05 13 chapters
1. 42 The Principles of Constitutional Interpretation pages 239 to 243
2. 43 The Constitution as a Living Document pages 244 to 247
3. 44 The Role of the Courts in Constitutional Adjudication pages 248 to 251
4. 45 The Seventh Schedule, and the Order of Precedence pages 252 to 256
5. 46 Pith and Substance pages 257 to 260
6. 47 Colourable Legislation pages 261 to 264
7. 48 The Doctrine of the Occupied Field pages 265 to 269
8. 49 Repugnancy, and Article 254 pages 270 to 275
9. 50 Distinguishing and Overruling: Precedent as Creativity pages 276 to 279
10. 51 Article 141 and Stare Decisis in India pages 280 to 283
11. 52 When the Supreme Court Departs from Itself pages 284 to 287
12. 53 The Third Judges Case pages 288 to 291
13. 54 The Philosophy of Judicial Review and Limited Government pages 292 to 295
Module 06 7 chapters
1. 55 The Interpretation of Taxing Statutes pages 296 to 301
2. 56 Taxing Statutes, Penal Statutes and Welfare Legislation pages 302 to 309
3. 57 The Strict Construction of Penal Statutes pages 310 to 314
4. 58 Mens Rea in Statutory Offences, Vicarious Liability and Offences by Companies pages 315 to 320
5. 59 Evasion of Statutes pages 321 to 324
6. 60 Declaratory and Remedial Statutes pages 325 to 330
7. 61 Interpretation by Subject Matter and Purpose: Restrictive and Beneficial Construction pages 331 to 338
Module 07 6 chapters
1. 62 Commencement of Statutes pages 339 to 345
2. 63 The Operation of a Statute: In Time and in Place pages 346 to 348
3. 64 Prospective Application and Retrospective Effect pages 349 to 355
4. 65 Perpetual and Temporary Statutes, and the Effect of Expiry pages 356 to 361
5. 66 The Power to Repeal, and the Presumption against Implied Repeal pages 362 to 368
6. 67 Repeal of Statutes, and the Provisions Dealing with Repeal under the General Clauses Act pages 369 to 376
Cooperative Law
Official Notes munotes.in

Cooperative Law

SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 7

Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

For students of Savitribai Phule Pune University and all its affiliated law colleges

munotes.in Fourth Year

Cooperative Law

Copyright © 2026 munotes.in. All rights reserved.

Written and first published by munotes.in, 2026.

This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

Licensing and permissions: contact@munotes.in

The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

munotes.in is an independent study resource for students of Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

munotes.in
Contents

Module 01 Theory and Principles of Co-operation
1. Capitalist, Socialist and Co-operative Forms of Organisation 1
2. Co-operative Societies 5
3. Forms of Business Organisation, and How to Choose One 10
4. The Co-operative Society Compared with a Company, a Trust and a Partnership Firm 14
5. Kinds of Co-operative Societies and Their Role and Functions 18
6. Co-operative Banks 22
7. The Importance, Benefits and Limitations of Co-operation 26
Module 02 History, Growth and Development of Co-operation
1. History, Growth and Development of the Co-operative Movement in India, and the Five-Year Plans 29
2. The Role of the State: State Partnership and State Aid to Societies 34
3. The National Co-operative Development Corporation and NABARD 38
4. Co-operative Legislation: The State Acts, the Maharashtra Act and the Multi-State Act 42
5. Part IXB, the States, and the 2021 Decision 46
6. Freedom of Association 52
7. The Co-operative Societies 57
8. Running a Co-operative Society Under Part IXB 62
munotes.in
Contents continued

Module 03 Preliminary and Registration of Societies
1. The Maharashtra Co-operative Societies Act, 1960: Objects, Scheme and Definitions 68
2. Registration of Co-operative Societies 72
3. Membership: Who May Become a Member, Admission, Cessation, Removal and Expulsion 77
4. Rights, Privileges, Duties, Disabilities and Liabilities of Members 82
5. Bye-laws and Model Bye-laws 87
6. Cancellation of Registration and De-registration 91
7. Amalgamation, Transfer, Division, Conversion and Reorganisation of Societies 94
Module 04 Incorporation, Duties and Privileges of Society
1. Incorporation of a Society, and the Register of Members 98
2. Rights, Privileges and Immunities of a Society, and Its Duties, Disabilities and Restrictions 102
3. The General Body: Final Authority, Annual and Special General Meetings 107
4. Elections to the Committee and Motions of No-confidence 112
5. The Managing Committee: Constitution, Reservation, Powers, Disqualification and Liability 117
6. The Registrar's Powers of Supervision, Suspension, Supersession and Administration 122
munotes.in
Contents continued

Module 05 Dispute Settlement and Liquidation
1. Disputes, the Co-operative Courts and Limitation 126
2. Procedure, Powers and Decisions of the Co-operative Court 130
3. The Maharashtra State Co-operative Appellate Court, Contempt, Appeal, Review and Revision 134
4. Recovery of Money, and the Recovery Certificate 139
5. Liquidation and Winding Up of Co-operative Societies 142
6. Offences, Penalties and Cognizance under the MCS Act 147
Module 06 Finance, Accounts and Audit
1. State Aid to Societies, and the Role of Apex and Federal Societies 151
2. Funds of a Society: Profits, Reserve Fund, Dividends and Investment 155
3. Accounts, Registers, Audit and the Rectification of Defects 159
4. Inquiry, Inspection and Supervision by the Registrar 163
munotes.in
Page 1 onwards

munotes.in
167 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
Notes

2026 Edition, as per the latest syllabus. 167 pages.
Every chapter in the notes: 38 chapters across 6 modules
Module 01 7 chapters
1. 1 Capitalist, Socialist and Co-operative Forms of Organisation pages 1 to 4
2. 2 Co-operative Societies pages 5 to 9
3. 3 Forms of Business Organisation, and How to Choose One pages 10 to 13
4. 4 The Co-operative Society Compared with a Company, a Trust and a Partnership Firm pages 14 to 17
5. 5 Kinds of Co-operative Societies and Their Role and Functions pages 18 to 21
6. 6 Co-operative Banks pages 22 to 25
7. 7 The Importance, Benefits and Limitations of Co-operation pages 26 to 28
Module 02 8 chapters
1. 8 History, Growth and Development of the Co-operative Movement in India, and the Five-Year Plans pages 29 to 33
2. 9 The Role of the State: State Partnership and State Aid to Societies pages 34 to 37
3. 10 The National Co-operative Development Corporation and NABARD pages 38 to 41
4. 11 Co-operative Legislation: The State Acts, the Maharashtra Act and the Multi-State Act pages 42 to 45
5. 12 Part IXB, the States, and the 2021 Decision pages 46 to 51
6. 13 Freedom of Association pages 52 to 56
7. 14 The Co-operative Societies pages 57 to 61
8. 15 Running a Co-operative Society Under Part IXB pages 62 to 67
Module 03 7 chapters
1. 16 The Maharashtra Co-operative Societies Act, 1960: Objects, Scheme and Definitions pages 68 to 71
2. 17 Registration of Co-operative Societies pages 72 to 76
3. 18 Membership: Who May Become a Member, Admission, Cessation, Removal and Expulsion pages 77 to 81
4. 19 Rights, Privileges, Duties, Disabilities and Liabilities of Members pages 82 to 86
5. 20 Bye-laws and Model Bye-laws pages 87 to 90
6. 21 Cancellation of Registration and De-registration pages 91 to 93
7. 22 Amalgamation, Transfer, Division, Conversion and Reorganisation of Societies pages 94 to 97
Module 04 6 chapters
1. 23 Incorporation of a Society, and the Register of Members pages 98 to 101
2. 24 Rights, Privileges and Immunities of a Society, and Its Duties, Disabilities and Restrictions pages 102 to 106
3. 25 The General Body: Final Authority, Annual and Special General Meetings pages 107 to 111
4. 26 Elections to the Committee and Motions of No-confidence pages 112 to 116
5. 27 The Managing Committee: Constitution, Reservation, Powers, Disqualification and Liability pages 117 to 121
6. 28 The Registrar's Powers of Supervision, Suspension, Supersession and Administration pages 122 to 125
Module 05 6 chapters
1. 29 Disputes, the Co-operative Courts and Limitation pages 126 to 129
2. 30 Procedure, Powers and Decisions of the Co-operative Court pages 130 to 133
3. 31 The Maharashtra State Co-operative Appellate Court, Contempt, Appeal, Review and Revision pages 134 to 138
4. 32 Recovery of Money, and the Recovery Certificate pages 139 to 141
5. 33 Liquidation and Winding Up of Co-operative Societies pages 142 to 146
6. 34 Offences, Penalties and Cognizance under the MCS Act pages 147 to 150
Module 06 4 chapters
1. 35 State Aid to Societies, and the Role of Apex and Federal Societies pages 151 to 154
2. 36 Funds of a Society: Profits, Reserve Fund, Dividends and Investment pages 155 to 158
3. 37 Accounts, Registers, Audit and the Rectification of Defects pages 159 to 162
4. 38 Inquiry, Inspection and Supervision by the Registrar pages 163 to 167

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Contents

Module 01 Introduction to Law of Evidence

Module 02 Relevance and Admissibility

Contents continued

Module 02 continued Relevance and Admissibility

Module 03 Statements by Persons

Contents continued

Module 03 continued Statements by Persons

Contents continued

Module 03 continued Statements by Persons

Module 04 Documentary Evidence

Contents continued

Module 04 continued Documentary Evidence

Module 05 Witnesses

Contents continued

Module 06 Burden of Proof

Module 07 Oral Evidence

Contents continued

Module 07 continued Oral Evidence

Module 08 Estoppel

Contents

Module 01 Introduction

Contents continued

Module 02 Classification / characterization

Module 03 Concept of Domicile

Contents continued

Module 03 continued Concept of Domicile

Module 04 Marriage and Dissolution of Marriage

Contents continued

Module 04 continued Marriage and Dissolution of Marriage

Module 05 Legitimacy, Legitimation and Adoption

Contents continued

Module 05 continued Legitimacy, Legitimation and Adoption

Module 06 Foreign Judgments

Contents continued

Module 06 continued Foreign Judgments

Module 07 Law of Property

Module 08 Contract and Tort Law

Contents continued

Module 08 continued Contract and Tort Law

Contents

Module 01 Introduction to BNSS, 2023

Module 02 Jurisdiction of Criminal Courts in Inquiry and trials

Contents continued

Module 02 continued Jurisdiction of Criminal Courts in Inquiry and trials

Module 03 Information to the Police and their Powers to Investigate and Inquiry proceedings

Contents continued

Module 03 continued Information to the Police and their Powers to Investigate and Inquiry proceedings

Module 04 Bail and Bond, Security and Maintenance proceedings

Module 05 Charge, Trial and Investigation Procedures

Contents continued

Module 05 continued Charge, Trial and Investigation Procedures

Contents continued

Module 06 Judgment, Probation and Parole of offenders, Appeals, Reference, Revision and Execution

Contents continued

Module 06 continued Judgment, Probation and Parole of offenders, Appeals, Reference, Revision and Execution

Module 07 Juvenile Justice Act, 1986

Contents continued

Module 07 continued Juvenile Justice Act, 1986

Contents

Module 01 The Maharashtra Police Act, 1951

Module 02 Arms Act 1959

Module 03 The Unlawful Activities (prevention) Act, 1967

Contents continued

Module 03 continued The Unlawful Activities (prevention) Act, 1967

Module 04 The Maharashtra Control of Organized Crime Act, 1999

Contents continued

Module 04 continued The Maharashtra Control of Organized Crime Act, 1999

Module 05 The Narcotic Drugs and Psychotropic Substances Act, 1985

Module 06 Cyber Laws in India

Contents continued

Module 06 continued Cyber Laws in India

Contents continued

Module 07 The Digital Personal Data Protection Act, 2023

Contents continued

Module 07 continued The Digital Personal Data Protection Act, 2023

Contents

Module 01 Regulatory Framework to Govern Securities in India

Module 02 Concept of Securities Market and Securities Market Intermediaries