SPPU B.B.A. LL.B. (Five Years) Semester 5 Notes 2026

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1. Intellectual Property Rights

   Official Notes munotes.in

   Intellectual Property Rights

   SPPU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 5

   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 Third Year

   Intellectual Property Rights

   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.

   Contents

   Module 01 Understanding Intellectual Property

   1. What Intellectual Property Is 1
   2. Property in the Intangible 5
   3. The Nature and Characteristics of Intellectual Property Rights 9
   4. The Kinds of Intellectual Property 13
   5. Why the Law Protects Intellectual Property: The Theories 17
   6. The Advantages of Intellectual Property Rights 21
   7. The Disadvantages of Intellectual Property Rights 23
   8. The Economic Analysis of Intellectual Property Rights 26
   9. The Origin and Development of Intellectual Property Rights 30
   10. How Intellectual Property Law Developed in India 34
   11. Why Intellectual Property Became International 39
   12. The Paris Convention, 1883 42
   13. The Paris Convention in Indian Law 47
   14. The Berne Convention, 1886 50
   15. The TRIPS Agreement: Principles and Standards 55
   16. The TRIPS Agreement: Enforcement, Disputes and Transition 60
   17. TRIPS and India 64
   18. The Other Treaties India Has Joined, and Those It Has Not 67
   19. The World Intellectual Property Organization 70
   20. GATT and the World Trade Organization 73

   Contents continued

   Module 02 Copyright and Neighbouring Rights

   1. The Evolution of Copyright Law in India 76
   2. The Nature of Copyright: A Bundle of Rights 79
   3. The Scope of Copyright: Idea, Expression and Originality 83
   4. The Rome Convention 1961: Performers, Producers and Broadcasters 88
   5. The WIPO Performances and Phonograms Treaty 1996: Performers and Producers, Articles 1 to 17 95
   6. TRIPS Articles 9 to 14: Copyright and Related Rights 101
   7. The Copyright Act, 1957: Its Scheme and Its Definitions 107
   8. Literary Works, Computer Programmes and Compilations 112
   9. Dramatic and Musical Works 116
   10. Artistic Works and Works of Architecture 119
   11. Sound Recordings and Cinematograph Films 123
   12. Authorship of Copyright 127
   13. Ownership of Copyright: The First Owner and the Exceptions 130
   14. The Copyright Office and Registration of Copyright 134
   15. The Term of Copyright 140
   16. Assignment and Transmission of Copyright 143
   17. Licences: Voluntary, Compulsory and Statutory 148
   18. Copyright Societies 153

   Contents continued

   Module 02 continued Copyright and Neighbouring Rights

   1. International Copyright and the Rest of the Act 158
   2. Economic Rights 163
   3. Moral Rights: The Author's Special Rights 166
   4. Fair Dealing and the Section 52 Exceptions 170
   5. Exceptions for Education, Libraries and Persons with Disabilities 176
   6. Infringement of Copyright 183
   7. Copyright Issues in the Digital Environment 192
   8. Intermediaries, Website Blocking and Artificial Intelligence 196
   9. Civil Remedies for Infringement 203
   10. Offences and Criminal Remedies 210
   11. Neighbouring Rights and the Rights of Broadcasting Organisations 215
   12. Performers' Rights 219
   13. The Rights of the Producers of Phonograms 224

   Module 03 Patents

   1. What a Patent Is, and the Bargain Behind It 227
   2. The Patents Act, 1970 and How It Is Arranged 230
   3. What an Invention Is 234
   4. What Are Not Inventions: Section 3(a) to (c) 237

   Contents continued

   Module 03 continued Patents

   1. Section 3(d): New Forms of Known Substances and Ever-greening 240
   2. The Rest of Section 3: Clauses (e) to (p) 244
   3. Atomic Energy, Living Matter and Biotechnology 248
   4. Product Patents and Process Patents 251
   5. Novelty 254
   6. Prior Art and Anticipation 257
   7. Inventive Step 261
   8. The Person Skilled in the Art and the Test of Obviousness 264
   9. Capable of Industrial Application 267
   10. TRIPS Article 27: Patentable Subject Matter 269
   11. TRIPS Articles 28, 29 and 30: Rights, Disclosure and Exceptions 274
   12. TRIPS Article 31: Other Use Without Authorisation 279
   13. TRIPS Articles 32, 33 and 34: Revocation, Term and Burden of Proof 285
   14. Convention Applications and the PCT Route 290
   15. The Patent Cooperation Treaty 1970: What an International Application Is 295
   16. The Budapest Treaty 1977: Depositing a Microorganism 301
   17. Who May Apply, and the Application 308

   Contents continued

   Module 03 continued Patents

   1. Provisional and Complete Specifications 311
   2. Claims, Priority Dates and Divisional Applications 314
   3. Publication and Examination of the Application 317
   4. Pre-Grant Opposition 320
   5. Post-Grant Opposition and Wrongful Obtaining 323
   6. The Grounds of Opposition Explained 326
   7. Grant and Sealing of a Patent 329
   8. Term, Renewal, Lapse, Restoration and Patents of Addition 333
   9. The Rights of a Patentee 337
   10. Working of Patents and Compulsory Licences 340
   11. Surrender of a Patent 346
   12. Revocation of a Patent 349
   13. Assignment and Transmission of Patents, and the Register 354
   14. Licensing of Patents 358
   15. Terms of a Compulsory Licence and the Special Licences 363
   16. The Doha Declaration on TRIPS and Public Health, 2001 369
   17. Use and Acquisition of Inventions by the Government 374
   18. What Infringement of a Patent Is 380
   19. Suits for Infringement 385

   Contents continued

   Module 03 continued Patents

   1. Defences to an Infringement Suit 391
   2. Fair Use in Patent Law: Experiments, Bolar and Parallel Imports 395
   3. Remedies for Infringement 399
   4. The Patent Office, the Controller and Appeals 406
   5. Patent Agents 410

   Module 04 Trademarks

   1. What a Trade Mark Is 414
   2. How Indian Trade Mark Law Evolved 418
   3. What a Trade Mark Does, and What Makes a Good One 422
   4. The Need for Protection of Trade Marks 425
   5. Service Marks 428
   6. Collective Marks 431
   7. Certification Trade Marks 434
   8. Well-Known Trade Marks 438
   9. TRIPS Articles 15 to 21: Trademarks 443
   10. The Madrid Agreement 1891: International Registration of Marks 448
   11. The Madrid Protocol 1989, and Why India Joined It 455
   12. International Registration Under the Madrid Protocol 462

   Contents continued

   Module 04 continued Trademarks

   1. The Nice Agreement 1957: Classifying Goods and Services 466
   2. The Registry, the Register and Classification 472
   3. Absolute Grounds for Refusal 475
   4. Relative Grounds for Refusal and Honest Concurrent Use 479
   5. Deceptive Similarity: How Two Marks Are Compared 483
   6. Applying to Register a Trade Mark 488
   7. Examination, Acceptance and Advertisement 492
   8. Opposition to Registration 495
   9. Registration, Duration, Renewal and Restoration 498
   10. Rectification, Correction and Removal for Non-Use 502
   11. Conventional and Non-Conventional Trade Marks 508
   12. Domain Names and Cybersquatting 511
   13. Registered and Unregistered Trade Marks 515
   14. The Rights of the Registered Proprietor and Their Limits 519
   15. Infringement of a Registered Trade Mark 523
   16. Passing Off 527
   17. Infringement and Passing Off Compared 532
   18. Defences to Infringement and Passing Off 536
   19. Remedies for Infringement and Passing Off 541

   Contents continued

   Module 04 continued Trademarks

   1. Parallel Imports and Grey Market Goods 546
   2. Assignment and Transmission of Trade Marks 551
   3. Licensing, Permitted Use and Registered Users 555

   Module 05 Industrial Designs

   1. What an Industrial Design Is 559
   2. Why Design Law Exists at All 563
   3. The Definitions the Act Turns On 566
   4. Novelty and Originality 571
   5. Designs That May Not Be Registered 576
   6. Design, Patent, Copyright and Trade Mark 579
   7. The Copyright Overlap: Section 15(2) of the Copyright Act 583
   8. TRIPS Articles 25 and 26: Industrial Designs 587
   9. The Hague Agreement and the Geneva Act 1999, Articles 1 to 18 592
   10. The Controller and the Designs Office 599
   11. Applying to Register a Design 602
   12. Publication of Particulars, Substitution and the Certificate 606
   13. The Register of Designs 609
   14. Copyright in a Registered Design, and How Long It Lasts 612

   Contents continued

   Module 05 continued Industrial Designs

   1. Lapse and Restoration of a Lapsed Design 616
   2. Cancellation of Registration 620
   3. Piracy of a Registered Design 624
   4. The Remedies for Piracy 629
   5. Passing Off Alongside a Registered Design 633

   Module 06 Geographical Indications

   1. What a Geographical Indication Is 638
   2. Why India Legislated: Darjeeling, Basmati and Turmeric 643
   3. Indication of Source, Appellation of Origin and Geographical Indication 648
   4. The Scheme of the Act, and the Definitions It Turns On 652
   5. Geographical Indications That May Not Be Registered 657
   6. Homonymous Geographical Indications 661
   7. TRIPS Articles 22, 23 and 24 665
   8. The Lisbon Agreement 1958 and the Geneva Act of 2015 671
   9. Geographical Indications and Trade Marks 677
   10. Applying to Register a Geographical Indication 683
   11. Advertisement, Opposition and Correction 688
   12. Registration, the Certificate and the Date It Runs From 692

   Contents continued

   Module 06 continued Geographical Indications

   1. Authorised Users 695
   2. Duration, Renewal, Removal and Restoration 699
   3. The Rights Registration Confers 704
   4. What Infringes a Registered Geographical Indication 708
   5. The Suit, the Court and the Relief 713
   6. Passing Off, and the Unregistered Geographical Indication 719
   7. Appeals, and the End of the Appellate Board 724

   Module 07 Protection of other Types of Intellectual Property Rights

   1. What an Integrated Circuit Is 729
   2. TRIPS Articles 35 to 38 733
   3. The Scheme of the Indian Act, and When It Came Into Force 738
   4. The Rights Registration Confers, and What Infringes 742
   5. Ten Years, and the Two Dates It Can Run From 748
   6. Layout-Designs That May Not Be Registered 752
   7. The UPOV Convention: 1961, 1978 and 1991 757
   8. The Protection of Plant Varieties and Farmers’ Rights Act 2001 765
   9. Registering a Plant Variety: Who May Apply, the DUS Tests, Opposition and the Certificate 770

   Contents continued

   Module 07 continued Protection of other Types of Intellectual Property Rights

   1. The Rights of Breeders and Researchers, and the Duration of Protection 774
   2. Section 39: Farmers’ Rights 777
   3. Compensation to Communities and the Compulsory Licence 782
   4. Infringement of Plant Variety Rights, and the Relief 786
   5. What a Trade Secret Is, and What Confidential Information Is 789
   6. Coco v A N Clark: The Three Elements 794
   7. The First Element: The Quality of Confidence 798
   8. The Second Element: Circumstances Importing an Obligation 802
   9. The Third Element: Unauthorised Use, and Whether Detriment Is Needed 807
   10. The Springboard Doctrine 811
   11. Employees, Ex-Employees and the Duty of Good Faith 816
   12. Customer Lists and the Departing Employee 821
   13. Remedies for Breach of Confidence 826
   14. How to Protect a Trade Secret in Practice 831
   15. The Law Commission's Report No. 289 and the Bill of 2024 836
   16. Undisclosed Information: Terminology, Definition and Scope 844
   17. TRIPS Article 39 and the International Obligation 849
   18. Traditional Knowledge: Why Patent Law Cannot See It 854

   Contents continued

   Module 07 continued Protection of other Types of Intellectual Property Rights

   1. Biopiracy: Turmeric, Neem, Basmati, and the Digital Library 860
   2. The Convention on Biological Diversity 1992, Articles 1 to 21 866
   3. The Scheme of the Biological Diversity Act 2002 873
   4. Access to Biological Resources Under Indian Law 877
   5. Sections 8 to 17: The National Biodiversity Authority 881
   6. The Traditional Knowledge Digital Library 885

   Page 1 onwards

   887 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. 887 pages.

   Every chapter in the notes: 201 chapters across 7 modules

   Module 01 20 chapters

   1. 1 What Intellectual Property Is pages 1 to 4
   2. 2 Property in the Intangible pages 5 to 8
   3. 3 The Nature and Characteristics of Intellectual Property Rights pages 9 to 12
   4. 4 The Kinds of Intellectual Property pages 13 to 16
   5. 5 Why the Law Protects Intellectual Property: The Theories pages 17 to 20
   6. 6 The Advantages of Intellectual Property Rights pages 21 to 22
   7. 7 The Disadvantages of Intellectual Property Rights pages 23 to 25
   8. 8 The Economic Analysis of Intellectual Property Rights pages 26 to 29
   9. 9 The Origin and Development of Intellectual Property Rights pages 30 to 33
   10. 10 How Intellectual Property Law Developed in India pages 34 to 38
   11. 11 Why Intellectual Property Became International pages 39 to 41
   12. 12 The Paris Convention, 1883 pages 42 to 46
   13. 13 The Paris Convention in Indian Law pages 47 to 49
   14. 14 The Berne Convention, 1886 pages 50 to 54
   15. 15 The TRIPS Agreement: Principles and Standards pages 55 to 59
   16. 16 The TRIPS Agreement: Enforcement, Disputes and Transition pages 60 to 63
   17. 17 TRIPS and India pages 64 to 66
   18. 18 The Other Treaties India Has Joined, and Those It Has Not pages 67 to 69
   19. 19 The World Intellectual Property Organization pages 70 to 72
   20. 20 GATT and the World Trade Organization pages 73 to 75

   Module 02 31 chapters

   1. 21 The Evolution of Copyright Law in India pages 76 to 78
   2. 22 The Nature of Copyright: A Bundle of Rights pages 79 to 82
   3. 23 The Scope of Copyright: Idea, Expression and Originality pages 83 to 87
   4. 24 The Rome Convention 1961: Performers, Producers and Broadcasters pages 88 to 94
   5. 25 The WIPO Performances and Phonograms Treaty 1996: Performers and Producers, Articles 1 to 17 pages 95 to 100
   6. 26 TRIPS Articles 9 to 14: Copyright and Related Rights pages 101 to 106
   7. 27 The Copyright Act, 1957: Its Scheme and Its Definitions pages 107 to 111
   8. 28 Literary Works, Computer Programmes and Compilations pages 112 to 115
   9. 29 Dramatic and Musical Works pages 116 to 118
   10. 30 Artistic Works and Works of Architecture pages 119 to 122
   11. 31 Sound Recordings and Cinematograph Films pages 123 to 126
   12. 32 Authorship of Copyright pages 127 to 129
   13. 33 Ownership of Copyright: The First Owner and the Exceptions pages 130 to 133
   14. 34 The Copyright Office and Registration of Copyright pages 134 to 139
   15. 35 The Term of Copyright pages 140 to 142
   16. 36 Assignment and Transmission of Copyright pages 143 to 147
   17. 37 Licences: Voluntary, Compulsory and Statutory pages 148 to 152
   18. 38 Copyright Societies pages 153 to 157
   19. 39 International Copyright and the Rest of the Act pages 158 to 162
   20. 40 Economic Rights pages 163 to 165
   21. 41 Moral Rights: The Author's Special Rights pages 166 to 169
   22. 42 Fair Dealing and the Section 52 Exceptions pages 170 to 175
   23. 43 Exceptions for Education, Libraries and Persons with Disabilities pages 176 to 182
   24. 44 Infringement of Copyright pages 183 to 191
   25. 45 Copyright Issues in the Digital Environment pages 192 to 195
   26. 46 Intermediaries, Website Blocking and Artificial Intelligence pages 196 to 202
   27. 47 Civil Remedies for Infringement pages 203 to 209
   28. 48 Offences and Criminal Remedies pages 210 to 214
   29. 49 Neighbouring Rights and the Rights of Broadcasting Organisations pages 215 to 218
   30. 50 Performers' Rights pages 219 to 223
   31. 51 The Rights of the Producers of Phonograms pages 224 to 226

   Module 03 45 chapters

   1. 52 What a Patent Is, and the Bargain Behind It pages 227 to 229
   2. 53 The Patents Act, 1970 and How It Is Arranged pages 230 to 233
   3. 54 What an Invention Is pages 234 to 236
   4. 55 What Are Not Inventions: Section 3(a) to (c) pages 237 to 239
   5. 56 Section 3(d): New Forms of Known Substances and Ever-greening pages 240 to 243
   6. 57 The Rest of Section 3: Clauses (e) to (p) pages 244 to 247
   7. 58 Atomic Energy, Living Matter and Biotechnology pages 248 to 250
   8. 59 Product Patents and Process Patents pages 251 to 253
   9. 60 Novelty pages 254 to 256
   10. 61 Prior Art and Anticipation pages 257 to 260
   11. 62 Inventive Step pages 261 to 263
   12. 63 The Person Skilled in the Art and the Test of Obviousness pages 264 to 266
   13. 64 Capable of Industrial Application pages 267 to 268
   14. 65 TRIPS Article 27: Patentable Subject Matter pages 269 to 273
   15. 66 TRIPS Articles 28, 29 and 30: Rights, Disclosure and Exceptions pages 274 to 278
   16. 67 TRIPS Article 31: Other Use Without Authorisation pages 279 to 284
   17. 68 TRIPS Articles 32, 33 and 34: Revocation, Term and Burden of Proof pages 285 to 289
   18. 69 Convention Applications and the PCT Route pages 290 to 294
   19. 70 The Patent Cooperation Treaty 1970: What an International Application Is pages 295 to 300
   20. 71 The Budapest Treaty 1977: Depositing a Microorganism pages 301 to 307
   21. 72 Who May Apply, and the Application pages 308 to 310
   22. 73 Provisional and Complete Specifications pages 311 to 313
   23. 74 Claims, Priority Dates and Divisional Applications pages 314 to 316
   24. 75 Publication and Examination of the Application pages 317 to 319
   25. 76 Pre-Grant Opposition pages 320 to 322
   26. 77 Post-Grant Opposition and Wrongful Obtaining pages 323 to 325
   27. 78 The Grounds of Opposition Explained pages 326 to 328
   28. 79 Grant and Sealing of a Patent pages 329 to 332
   29. 80 Term, Renewal, Lapse, Restoration and Patents of Addition pages 333 to 336
   30. 81 The Rights of a Patentee pages 337 to 339
   31. 82 Working of Patents and Compulsory Licences pages 340 to 345
   32. 83 Surrender of a Patent pages 346 to 348
   33. 84 Revocation of a Patent pages 349 to 353
   34. 85 Assignment and Transmission of Patents, and the Register pages 354 to 357
   35. 86 Licensing of Patents pages 358 to 362
   36. 87 Terms of a Compulsory Licence and the Special Licences pages 363 to 368
   37. 88 The Doha Declaration on TRIPS and Public Health, 2001 pages 369 to 373
   38. 89 Use and Acquisition of Inventions by the Government pages 374 to 379
   39. 90 What Infringement of a Patent Is pages 380 to 384
   40. 91 Suits for Infringement pages 385 to 390
   41. 92 Defences to an Infringement Suit pages 391 to 394
   42. 93 Fair Use in Patent Law: Experiments, Bolar and Parallel Imports pages 395 to 398
   43. 94 Remedies for Infringement pages 399 to 405
   44. 95 The Patent Office, the Controller and Appeals pages 406 to 409
   45. 96 Patent Agents pages 410 to 413

   Module 04 34 chapters

   1. 97 What a Trade Mark Is pages 414 to 417
   2. 98 How Indian Trade Mark Law Evolved pages 418 to 421
   3. 99 What a Trade Mark Does, and What Makes a Good One pages 422 to 424
   4. 100 The Need for Protection of Trade Marks pages 425 to 427
   5. 101 Service Marks pages 428 to 430
   6. 102 Collective Marks pages 431 to 433
   7. 103 Certification Trade Marks pages 434 to 437
   8. 104 Well-Known Trade Marks pages 438 to 442
   9. 105 TRIPS Articles 15 to 21: Trademarks pages 443 to 447
   10. 106 The Madrid Agreement 1891: International Registration of Marks pages 448 to 454
   11. 107 The Madrid Protocol 1989, and Why India Joined It pages 455 to 461
   12. 108 International Registration Under the Madrid Protocol pages 462 to 465
   13. 109 The Nice Agreement 1957: Classifying Goods and Services pages 466 to 471
   14. 110 The Registry, the Register and Classification pages 472 to 474
   15. 111 Absolute Grounds for Refusal pages 475 to 478
   16. 112 Relative Grounds for Refusal and Honest Concurrent Use pages 479 to 482
   17. 113 Deceptive Similarity: How Two Marks Are Compared pages 483 to 487
   18. 114 Applying to Register a Trade Mark pages 488 to 491
   19. 115 Examination, Acceptance and Advertisement pages 492 to 494
   20. 116 Opposition to Registration pages 495 to 497
   21. 117 Registration, Duration, Renewal and Restoration pages 498 to 501
   22. 118 Rectification, Correction and Removal for Non-Use pages 502 to 507
   23. 119 Conventional and Non-Conventional Trade Marks pages 508 to 510
   24. 120 Domain Names and Cybersquatting pages 511 to 514
   25. 121 Registered and Unregistered Trade Marks pages 515 to 518
   26. 122 The Rights of the Registered Proprietor and Their Limits pages 519 to 522
   27. 123 Infringement of a Registered Trade Mark pages 523 to 526
   28. 124 Passing Off pages 527 to 531
   29. 125 Infringement and Passing Off Compared pages 532 to 535
   30. 126 Defences to Infringement and Passing Off pages 536 to 540
   31. 127 Remedies for Infringement and Passing Off pages 541 to 545
   32. 128 Parallel Imports and Grey Market Goods pages 546 to 550
   33. 129 Assignment and Transmission of Trade Marks pages 551 to 554
   34. 130 Licensing, Permitted Use and Registered Users pages 555 to 558

   Module 05 19 chapters

   1. 131 What an Industrial Design Is pages 559 to 562
   2. 132 Why Design Law Exists at All pages 563 to 565
   3. 133 The Definitions the Act Turns On pages 566 to 570
   4. 134 Novelty and Originality pages 571 to 575
   5. 135 Designs That May Not Be Registered pages 576 to 578
   6. 136 Design, Patent, Copyright and Trade Mark pages 579 to 582
   7. 137 The Copyright Overlap: Section 15(2) of the Copyright Act pages 583 to 586
   8. 138 TRIPS Articles 25 and 26: Industrial Designs pages 587 to 591
   9. 139 The Hague Agreement and the Geneva Act 1999, Articles 1 to 18 pages 592 to 598
   10. 140 The Controller and the Designs Office pages 599 to 601
   11. 141 Applying to Register a Design pages 602 to 605
   12. 142 Publication of Particulars, Substitution and the Certificate pages 606 to 608
   13. 143 The Register of Designs pages 609 to 611
   14. 144 Copyright in a Registered Design, and How Long It Lasts pages 612 to 615
   15. 145 Lapse and Restoration of a Lapsed Design pages 616 to 619
   16. 146 Cancellation of Registration pages 620 to 623
   17. 147 Piracy of a Registered Design pages 624 to 628
   18. 148 The Remedies for Piracy pages 629 to 632
   19. 149 Passing Off Alongside a Registered Design pages 633 to 637

   Module 06 19 chapters

   1. 150 What a Geographical Indication Is pages 638 to 642
   2. 151 Why India Legislated: Darjeeling, Basmati and Turmeric pages 643 to 647
   3. 152 Indication of Source, Appellation of Origin and Geographical Indication pages 648 to 651
   4. 153 The Scheme of the Act, and the Definitions It Turns On pages 652 to 656
   5. 154 Geographical Indications That May Not Be Registered pages 657 to 660
   6. 155 Homonymous Geographical Indications pages 661 to 664
   7. 156 TRIPS Articles 22, 23 and 24 pages 665 to 670
   8. 157 The Lisbon Agreement 1958 and the Geneva Act of 2015 pages 671 to 676
   9. 158 Geographical Indications and Trade Marks pages 677 to 682
   10. 159 Applying to Register a Geographical Indication pages 683 to 687
   11. 160 Advertisement, Opposition and Correction pages 688 to 691
   12. 161 Registration, the Certificate and the Date It Runs From pages 692 to 694
   13. 162 Authorised Users pages 695 to 698
   14. 163 Duration, Renewal, Removal and Restoration pages 699 to 703
   15. 164 The Rights Registration Confers pages 704 to 707
   16. 165 What Infringes a Registered Geographical Indication pages 708 to 712
   17. 166 The Suit, the Court and the Relief pages 713 to 718
   18. 167 Passing Off, and the Unregistered Geographical Indication pages 719 to 723
   19. 168 Appeals, and the End of the Appellate Board pages 724 to 728

   Module 07 33 chapters

   1. 169 What an Integrated Circuit Is pages 729 to 732
   2. 170 TRIPS Articles 35 to 38 pages 733 to 737
   3. 171 The Scheme of the Indian Act, and When It Came Into Force pages 738 to 741
   4. 172 The Rights Registration Confers, and What Infringes pages 742 to 747
   5. 173 Ten Years, and the Two Dates It Can Run From pages 748 to 751
   6. 174 Layout-Designs That May Not Be Registered pages 752 to 756
   7. 175 The UPOV Convention: 1961, 1978 and 1991 pages 757 to 764
   8. 176 The Protection of Plant Varieties and Farmers’ Rights Act 2001 pages 765 to 769
   9. 177 Registering a Plant Variety: Who May Apply, the DUS Tests, Opposition and the Certificate pages 770 to 773
   10. 178 The Rights of Breeders and Researchers, and the Duration of Protection pages 774 to 776
   11. 179 Section 39: Farmers’ Rights pages 777 to 781
   12. 180 Compensation to Communities and the Compulsory Licence pages 782 to 785
   13. 181 Infringement of Plant Variety Rights, and the Relief pages 786 to 788
   14. 182 What a Trade Secret Is, and What Confidential Information Is pages 789 to 793
   15. 183 Coco v A N Clark: The Three Elements pages 794 to 797
   16. 184 The First Element: The Quality of Confidence pages 798 to 801
   17. 185 The Second Element: Circumstances Importing an Obligation pages 802 to 806
   18. 186 The Third Element: Unauthorised Use, and Whether Detriment Is Needed pages 807 to 810
   19. 187 The Springboard Doctrine pages 811 to 815
   20. 188 Employees, Ex-Employees and the Duty of Good Faith pages 816 to 820
   21. 189 Customer Lists and the Departing Employee pages 821 to 825
   22. 190 Remedies for Breach of Confidence pages 826 to 830
   23. 191 How to Protect a Trade Secret in Practice pages 831 to 835
   24. 192 The Law Commission's Report No. 289 and the Bill of 2024 pages 836 to 843
   25. 193 Undisclosed Information: Terminology, Definition and Scope pages 844 to 848
   26. 194 TRIPS Article 39 and the International Obligation pages 849 to 853
   27. 195 Traditional Knowledge: Why Patent Law Cannot See It pages 854 to 859
   28. 196 Biopiracy: Turmeric, Neem, Basmati, and the Digital Library pages 860 to 865
   29. 197 The Convention on Biological Diversity 1992, Articles 1 to 21 pages 866 to 872
   30. 198 The Scheme of the Biological Diversity Act 2002 pages 873 to 876
   31. 199 Access to Biological Resources Under Indian Law pages 877 to 880
   32. 200 Sections 8 to 17: The National Biodiversity Authority pages 881 to 884
   33. 201 The Traditional Knowledge Digital Library pages 885 to 887

2. Family Law I

   Official Notes munotes.in

   Family Law I

   SPPU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 5

   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 Third Year

   Family Law I

   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.

   Contents

   Module 01 Introduction to Hindu and Muslim Law

   1. The Sources and the Schools of Hindu Law 1
   2. The Hindu Marriage Act: Application, and Who is a Hindu 7
   3. Who Muslim Law Applies To, and Who Decides 13
   4. Why a Legal System Needs Sources at All 18
   5. The Quran 21
   6. The Sunna 25
   7. Ijma, the Consensus of the Jurists 28
   8. Qiyas, Analogical Deduction 32
   9. Custom and Usage 36
   10. Judicial Precedent, Legislation, and Equity 40
   11. Why Muslim Law Divides Into Schools 44
   12. The Hanafi School 48
   13. The Maliki, Shafii and Hanbali Schools 51
   14. The Shia Schools 55

   Module 02 Marriage and Matrimonial Reliefs under Hindu law

   1. The Evolution of Marriage and the Family 58
   2. Religious Ritual and the Rules of Marriage 63
   3. Conditions, Ceremonies and Registration of a Hindu Marriage 68
   4. Child Marriage, and the Prohibition of Child Marriage Act 2006 74

   Contents continued

   Module 02 continued Marriage and Matrimonial Reliefs under Hindu law

   1. Void and Voidable Marriages, and the Legitimacy of Their Children 81
   2. Bigamy and the Punishments the Act Imposes 87
   3. Divorce: the Grounds under Section 13 93
   4. Divorce by Mutual Consent, Alternate Relief and Remarriage 101
   5. Restitution of Conjugal Rights and Judicial Separation 108
   6. Jurisdiction, Procedure and Appeals 114
   7. The Family Courts Act: Object, Establishment and Judges 123
   8. The Jurisdiction of a Family Court 128
   9. Procedure, Settlement, Evidence and the Right to a Lawyer 133
   10. Judgment, Appeal, and the Administration of Gender Justice 140

   Module 03 Marriage and Matrimonial Reliefs under Muslim law

   1. Marriage Under Muslim Law: Contract or Sacrament 146
   2. Valid, Void and Irregular Marriages 152
   3. The Essential Requisites of a Valid Muslim Marriage 156
   4. Capacity to Marry, and the Prohibited Relationships 161
   5. Muta, the Marriage for a Fixed Term 166
   6. Mehr: What It Is and Why the Law Insists On It 170
   7. The Classification of Mehr 174

   Contents continued

   Module 03 continued Marriage and Matrimonial Reliefs under Muslim law

   1. The Wife's Remedies for Unpaid Dower 178
   2. What Follows From a Void or an Irregular Marriage 184
   3. The Option of Puberty 188
   4. The Ways a Muslim Marriage Can End 192
   5. Dissolution by the Death of a Spouse 196
   6. Talaq, and Why Muslim Law Permits Divorce 200
   7. Who May Pronounce Talaq, and When It Takes Effect 204
   8. Oral Talaq and Talaq in Writing 209
   9. Talaq al Sunna: Ahsan and Hasan 213
   10. Talaq al Biddat, the Triple Pronouncement 217
   11. Shayara Bano v. Union of India 222
   12. The Muslim Women (Protection of Rights on Marriage) Act 2019 227
   13. Talaq e Tafwid, the Delegated Divorce 232
   14. Khula 237
   15. Mubarat 242
   16. Ila, the Vow of Abstinence 245
   17. Zihar, the Injurious Comparison 249
   18. Lian, the False Charge of Adultery 253
   19. Judicial Dissolution Before the Act of 1939 257

   Contents continued

   Module 03 continued Marriage and Matrimonial Reliefs under Muslim law

   1. The Dissolution of Muslim Marriages Act 1939: The Nine Grounds 261
   2. Apostasy, Notice to the Husband, and the Rest of the 1939 Act 267
   3. What Follows a Dissolution 272
   4. Iddat 276
   5. Halala 281

   Module 04 Marriage and Matrimonial Reliefs among Parsis, Christians and under the Special Marriage Act, 1954

   1. Parsi Personal Law and the Act of 1936 285
   2. Parsi Marriage: Requisites and Registration 290
   3. Offences and Irregularities Under the Parsi Act 296
   4. The Parsi Matrimonial Courts and the Delegates 301
   5. Nullity and Dissolution of a Parsi Marriage 306
   6. The Grounds for Divorce Under the Parsi Act 310
   7. Judicial Separation and Restitution of Conjugal Rights Under the Parsi Act 317
   8. Custody of Children, and Remarriage, Under the Parsi Act 322
   9. Christian Personal Law and the Act of 1872 327
   10. Who May Solemnize a Christian Marriage 333
   11. Time, Place, Notice and the Certificate 338

   Contents continued

   Module 04 continued Marriage and Matrimonial Reliefs among Parsis, Christians and under the Special Marriage Act, 1954

   1. Registration of a Christian Marriage 346
   2. Marriage By or Before a Marriage Registrar 352
   3. Marriages Between Indian Christians 361
   4. Penalties and the Remaining Provisions of the 1872 Act 369
   5. The Divorce Act 1869: Scheme and Jurisdiction 378
   6. Dissolution of a Christian Marriage 386
   7. Divorce by Mutual Consent, and Why Section 10A Had to Be Inserted 395
   8. Nullity of a Christian Marriage 402
   9. Judicial Separation and Restitution of Conjugal Rights 409
   10. Protection Orders 417
   11. Custody of Children, and Remarriage 425
   12. Court Procedure and the Remaining Provisions 433
   13. The Special Marriage Act: Scheme and Conditions 442
   14. Notice, Objection and Solemnisation 447
   15. Registration of Marriages Celebrated in Other Forms 454
   16. The Effect on the Joint Family and on Succession 459
   17. Nullity and Divorce under the Special Marriage Act 464
   18. Restrictions on Petitions, Jurisdiction and Procedure 472
   19. Penalties, Rules and Savings 479

   Contents continued

   Module 04 continued Marriage and Matrimonial Reliefs among Parsis, Christians and under the Special Marriage Act, 1954

   1. The Foreign Marriage Act, 1969: Sections 1 to 16 484
   2. The Foreign Marriage Act, 1969: Sections 17 to 30 490
   3. Maitri Sambandh, Live-in Relationships and the Divided Home 497
   4. LGBT Rights in India: NALSA, Navtej and the Transgender Persons Act 503

   Module 05 Alimony and Maintenance

   1. Maintenance Pendente Lite, Permanent Alimony, Custody and Property 513
   2. Maintenance of Wife, Children and Aged Parents 520
   3. The Amount of Maintenance, and the Dependants 526
   4. Maintenance: The General Principles 532
   5. Who Is Entitled to Maintenance Under Muslim Law 536
   6. Mohd. Ahmed Khan v. Shah Bano Begum 540
   7. The Muslim Women (Protection of Rights on Divorce) Act 1986 544
   8. Danial Latifi v. Union of India 551
   9. Maintenance: The Law As It Stands Now 555
   10. Alimony, Maintenance and Property Under the Parsi Act 560
   11. Alimony and Settlements 566
   12. Maintenance From a Magistrate: Section 144 of the Sanhita 575
   13. What Domestic Violence Is, and Who May Complain 581

   Contents continued

   Module 05 continued Alimony and Maintenance

   1. The Machinery: Protection Officers, Service Providers and Shelter 588
   2. Proceedings before the Magistrate 595
   3. The Five Orders the Magistrate Can Pass 600
   4. Enforcement, Offences and Appeal 607
   5. The Maintenance and Welfare of Parents and Senior Citizens Act: the Claim 614
   6. Transfer of Property, Abandonment and the Rest of the Senior Citizens Act 623

   Module 06 Law on Adoption and Guardianship

   1. The Hindu Adoptions and Maintenance Act: Scope and Definitions 631
   2. The Requisites of a Valid Adoption 636
   3. The Effects of an Adoption 643
   4. Adoption by Persons of Other Religions: the Juvenile Justice Act and the CARA Regulations 649
   5. Inter-Country Adoption in India 656
   6. Adoption with a Foreign Element 662
   7. The Hague Intercountry Adoption Convention, 1993 667
   8. The Hindu Minority and Guardianship Act: Natural and Testamentary Guardians 674
   9. The Powers of a Natural Guardian, and the De Facto Guardian 682

   Contents continued

   Module 06 continued Law on Adoption and Guardianship

   1. The Guardians and Wards Act: Appointment of a Guardian 690
   2. The Duties, Rights and Liabilities of a Guardian 702
   3. Termination of Guardianship, Procedure and Appeal 711
   4. Guardianship: What It Is and What Kinds There Are 720
   5. Guardianship of the Person, and Hizanat 725
   6. Guardianship of Property, and the De Facto Guardian 731
   7. Disqualification, Removal and Discharge of a Guardian 738
   8. Which Court, and What Can Be Appealed 744
   9. Custody, Maintenance and Education of Children 748

   Page 1 onwards

   755 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. 755 pages.

   Every chapter in the notes: 130 chapters across 6 modules

   Module 01 14 chapters

   1. 1 The Sources and the Schools of Hindu Law pages 1 to 6
   2. 2 The Hindu Marriage Act: Application, and Who is a Hindu pages 7 to 12
   3. 3 Who Muslim Law Applies To, and Who Decides pages 13 to 17
   4. 4 Why a Legal System Needs Sources at All pages 18 to 20
   5. 5 The Quran pages 21 to 24
   6. 6 The Sunna pages 25 to 27
   7. 7 Ijma, the Consensus of the Jurists pages 28 to 31
   8. 8 Qiyas, Analogical Deduction pages 32 to 35
   9. 9 Custom and Usage pages 36 to 39
   10. 10 Judicial Precedent, Legislation, and Equity pages 40 to 43
   11. 11 Why Muslim Law Divides Into Schools pages 44 to 47
   12. 12 The Hanafi School pages 48 to 50
   13. 13 The Maliki, Shafii and Hanbali Schools pages 51 to 54
   14. 14 The Shia Schools pages 55 to 57

   Module 02 14 chapters

   1. 15 The Evolution of Marriage and the Family pages 58 to 62
   2. 16 Religious Ritual and the Rules of Marriage pages 63 to 67
   3. 17 Conditions, Ceremonies and Registration of a Hindu Marriage pages 68 to 73
   4. 18 Child Marriage, and the Prohibition of Child Marriage Act 2006 pages 74 to 80
   5. 19 Void and Voidable Marriages, and the Legitimacy of Their Children pages 81 to 86
   6. 20 Bigamy and the Punishments the Act Imposes pages 87 to 92
   7. 21 Divorce: the Grounds under Section 13 pages 93 to 100
   8. 22 Divorce by Mutual Consent, Alternate Relief and Remarriage pages 101 to 107
   9. 23 Restitution of Conjugal Rights and Judicial Separation pages 108 to 113
   10. 24 Jurisdiction, Procedure and Appeals pages 114 to 122
   11. 25 The Family Courts Act: Object, Establishment and Judges pages 123 to 127
   12. 26 The Jurisdiction of a Family Court pages 128 to 132
   13. 27 Procedure, Settlement, Evidence and the Right to a Lawyer pages 133 to 139
   14. 28 Judgment, Appeal, and the Administration of Gender Justice pages 140 to 145

   Module 03 31 chapters

   1. 29 Marriage Under Muslim Law: Contract or Sacrament pages 146 to 151
   2. 30 Valid, Void and Irregular Marriages pages 152 to 155
   3. 31 The Essential Requisites of a Valid Muslim Marriage pages 156 to 160
   4. 32 Capacity to Marry, and the Prohibited Relationships pages 161 to 165
   5. 33 Muta, the Marriage for a Fixed Term pages 166 to 169
   6. 34 Mehr: What It Is and Why the Law Insists On It pages 170 to 173
   7. 35 The Classification of Mehr pages 174 to 177
   8. 36 The Wife's Remedies for Unpaid Dower pages 178 to 183
   9. 37 What Follows From a Void or an Irregular Marriage pages 184 to 187
   10. 38 The Option of Puberty pages 188 to 191
   11. 39 The Ways a Muslim Marriage Can End pages 192 to 195
   12. 40 Dissolution by the Death of a Spouse pages 196 to 199
   13. 41 Talaq, and Why Muslim Law Permits Divorce pages 200 to 203
   14. 42 Who May Pronounce Talaq, and When It Takes Effect pages 204 to 208
   15. 43 Oral Talaq and Talaq in Writing pages 209 to 212
   16. 44 Talaq al Sunna: Ahsan and Hasan pages 213 to 216
   17. 45 Talaq al Biddat, the Triple Pronouncement pages 217 to 221
   18. 46 Shayara Bano v. Union of India pages 222 to 226
   19. 47 The Muslim Women (Protection of Rights on Marriage) Act 2019 pages 227 to 231
   20. 48 Talaq e Tafwid, the Delegated Divorce pages 232 to 236
   21. 49 Khula pages 237 to 241
   22. 50 Mubarat pages 242 to 244
   23. 51 Ila, the Vow of Abstinence pages 245 to 248
   24. 52 Zihar, the Injurious Comparison pages 249 to 252
   25. 53 Lian, the False Charge of Adultery pages 253 to 256
   26. 54 Judicial Dissolution Before the Act of 1939 pages 257 to 260
   27. 55 The Dissolution of Muslim Marriages Act 1939: The Nine Grounds pages 261 to 266
   28. 56 Apostasy, Notice to the Husband, and the Rest of the 1939 Act pages 267 to 271
   29. 57 What Follows a Dissolution pages 272 to 275
   30. 58 Iddat pages 276 to 280
   31. 59 Halala pages 281 to 284

   Module 04 34 chapters

   1. 60 Parsi Personal Law and the Act of 1936 pages 285 to 289
   2. 61 Parsi Marriage: Requisites and Registration pages 290 to 295
   3. 62 Offences and Irregularities Under the Parsi Act pages 296 to 300
   4. 63 The Parsi Matrimonial Courts and the Delegates pages 301 to 305
   5. 64 Nullity and Dissolution of a Parsi Marriage pages 306 to 309
   6. 65 The Grounds for Divorce Under the Parsi Act pages 310 to 316
   7. 66 Judicial Separation and Restitution of Conjugal Rights Under the Parsi Act pages 317 to 321
   8. 67 Custody of Children, and Remarriage, Under the Parsi Act pages 322 to 326
   9. 68 Christian Personal Law and the Act of 1872 pages 327 to 332
   10. 69 Who May Solemnize a Christian Marriage pages 333 to 337
   11. 70 Time, Place, Notice and the Certificate pages 338 to 345
   12. 71 Registration of a Christian Marriage pages 346 to 351
   13. 72 Marriage By or Before a Marriage Registrar pages 352 to 360
   14. 73 Marriages Between Indian Christians pages 361 to 368
   15. 74 Penalties and the Remaining Provisions of the 1872 Act pages 369 to 377
   16. 75 The Divorce Act 1869: Scheme and Jurisdiction pages 378 to 385
   17. 76 Dissolution of a Christian Marriage pages 386 to 394
   18. 77 Divorce by Mutual Consent, and Why Section 10A Had to Be Inserted pages 395 to 401
   19. 78 Nullity of a Christian Marriage pages 402 to 408
   20. 79 Judicial Separation and Restitution of Conjugal Rights pages 409 to 416
   21. 80 Protection Orders pages 417 to 424
   22. 81 Custody of Children, and Remarriage pages 425 to 432
   23. 82 Court Procedure and the Remaining Provisions pages 433 to 441
   24. 83 The Special Marriage Act: Scheme and Conditions pages 442 to 446
   25. 84 Notice, Objection and Solemnisation pages 447 to 453
   26. 85 Registration of Marriages Celebrated in Other Forms pages 454 to 458
   27. 86 The Effect on the Joint Family and on Succession pages 459 to 463
   28. 87 Nullity and Divorce under the Special Marriage Act pages 464 to 471
   29. 88 Restrictions on Petitions, Jurisdiction and Procedure pages 472 to 478
   30. 89 Penalties, Rules and Savings pages 479 to 483
   31. 90 The Foreign Marriage Act, 1969: Sections 1 to 16 pages 484 to 489
   32. 91 The Foreign Marriage Act, 1969: Sections 17 to 30 pages 490 to 496
   33. 92 Maitri Sambandh, Live-in Relationships and the Divided Home pages 497 to 502
   34. 93 LGBT Rights in India: NALSA, Navtej and the Transgender Persons Act pages 503 to 512

   Module 05 19 chapters

   1. 94 Maintenance Pendente Lite, Permanent Alimony, Custody and Property pages 513 to 519
   2. 95 Maintenance of Wife, Children and Aged Parents pages 520 to 525
   3. 96 The Amount of Maintenance, and the Dependants pages 526 to 531
   4. 97 Maintenance: The General Principles pages 532 to 535
   5. 98 Who Is Entitled to Maintenance Under Muslim Law pages 536 to 539
   6. 99 Mohd. Ahmed Khan v. Shah Bano Begum pages 540 to 543
   7. 100 The Muslim Women (Protection of Rights on Divorce) Act 1986 pages 544 to 550
   8. 101 Danial Latifi v. Union of India pages 551 to 554
   9. 102 Maintenance: The Law As It Stands Now pages 555 to 559
   10. 103 Alimony, Maintenance and Property Under the Parsi Act pages 560 to 565
   11. 104 Alimony and Settlements pages 566 to 574
   12. 105 Maintenance From a Magistrate: Section 144 of the Sanhita pages 575 to 580
   13. 106 What Domestic Violence Is, and Who May Complain pages 581 to 587
   14. 107 The Machinery: Protection Officers, Service Providers and Shelter pages 588 to 594
   15. 108 Proceedings before the Magistrate pages 595 to 599
   16. 109 The Five Orders the Magistrate Can Pass pages 600 to 606
   17. 110 Enforcement, Offences and Appeal pages 607 to 613
   18. 111 The Maintenance and Welfare of Parents and Senior Citizens Act: the Claim pages 614 to 622
   19. 112 Transfer of Property, Abandonment and the Rest of the Senior Citizens Act pages 623 to 630

   Module 06 18 chapters

   1. 113 The Hindu Adoptions and Maintenance Act: Scope and Definitions pages 631 to 635
   2. 114 The Requisites of a Valid Adoption pages 636 to 642
   3. 115 The Effects of an Adoption pages 643 to 648
   4. 116 Adoption by Persons of Other Religions: the Juvenile Justice Act and the CARA Regulations pages 649 to 655
   5. 117 Inter-Country Adoption in India pages 656 to 661
   6. 118 Adoption with a Foreign Element pages 662 to 666
   7. 119 The Hague Intercountry Adoption Convention, 1993 pages 667 to 673
   8. 120 The Hindu Minority and Guardianship Act: Natural and Testamentary Guardians pages 674 to 681
   9. 121 The Powers of a Natural Guardian, and the De Facto Guardian pages 682 to 689
   10. 122 The Guardians and Wards Act: Appointment of a Guardian pages 690 to 701
   11. 123 The Duties, Rights and Liabilities of a Guardian pages 702 to 710
   12. 124 Termination of Guardianship, Procedure and Appeal pages 711 to 719
   13. 125 Guardianship: What It Is and What Kinds There Are pages 720 to 724
   14. 126 Guardianship of the Person, and Hizanat pages 725 to 730
   15. 127 Guardianship of Property, and the De Facto Guardian pages 731 to 737
   16. 128 Disqualification, Removal and Discharge of a Guardian pages 738 to 743
   17. 129 Which Court, and What Can Be Appealed pages 744 to 747
   18. 130 Custody, Maintenance and Education of Children pages 748 to 755

3. Constitutional Law I

   Official Notes munotes.in

   Constitutional Law I

   SPPU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 5

   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 Third Year

   Constitutional Law I

   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.

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   Contents

   Module 01 Introduction to the Indian Constitution

   1. The Constituent Assembly: How It Was Composed 1
   2. Framing and Drafting: the Committees and the Drafting Committee 6
   3. Where the Constitution's Provisions Came From 11
   4. Part XXII: Short Title, Commencement and the Authoritative Texts 16
   5. What a Constitution Is, and What This One Has to Do 22
   6. The Constitution as the Basic Norm 27
   7. Forms and Models of a Constitution 32
   8. Written and Unwritten, Rigid and Flexible 36
   9. What Constitutionalism Means, and Why a Constitution Is Not Enough 41
   10. The Rule of Law, and What Survives of Dicey 47
   11. The Rule of Law Inside Our Own Constitution 52
   12. Constitutional Supremacy, and Parliamentary Sovereignty Compared 57
   13. The Constitution as a Living Document 62
   14. The Salient Features of the Indian Constitution 67
   15. The Longest Written Constitution, and Why 72
   16. A Federation With a Unitary Bias 76
   17. Parliamentary Government, and the Separation of Powers Here 82
   18. Single Citizenship, Universal Franchise and an Independent Judiciary 88

   Contents continued

   Module 01 continued Introduction to the Indian Constitution

   1. The Preamble, Word by Word 93
   2. Sovereign, Socialist, Secular, Democratic, Republic 98
   3. Justice, Liberty, Equality and Fraternity 104
   4. The Concept of Liberty, and Who Limits Whom 110
   5. The Preamble as a Tool to Interpret the Constitution 115
   6. What the Courts Have Held About the Preamble 120
   7. Is the Preamble Part of the Constitution, and May It Be Amended? 125

   Module 02 Territory of India, Citizenship & General Principles Relating to Fundamental Rights (Articles 12 and 13)

   1. A Union of States, and Why Not a Federation 130
   2. Admission and Establishment of New States 133
   3. Forming a New State, and Altering a Boundary 136
   4. Consequential Amendments, and Why They Are Not Amendments 141
   5. Who Became a Citizen in 1950 145
   6. Persons of Indian Origin Abroad, and Voluntary Foreign Citizenship 151
   7. Parliament's Power Over Citizenship 156
   8. Citizenship by Birth and by Descent 160
   9. Citizenship by Registration, by Naturalisation, and by Territory 165

   Contents continued

   Module 02 continued Territory of India, Citizenship & General Principles Relating to Fundamental Rights (Articles 12 and 13)

   1. The Assam Accord: Section 6A 170
   2. The Citizenship (Amendment) Act 2019, and Section 6B 175
   3. Overseas Citizenship of India 181
   4. Losing Citizenship: Renunciation, Termination and Deprivation 186
   5. Registers, Identity Cards and the Rest of the Act 191
   6. Why There Are Fundamental Rights At All 196
   7. Why the Definition of State Decides Everything 201
   8. The Authorities Article 12 Names 205
   9. Other Authorities, and the Tests the Courts Built 209
   10. Is the Judiciary State? 216
   11. Article 13: Laws Inconsistent With Fundamental Rights 220
   12. Pre-Constitutional and Post-Constitutional Laws 225
   13. The Doctrine of Eclipse 230
   14. The Doctrine of Severability 235
   15. The Doctrine of Waiver 239
   16. The Doctrine of Ultra Vires 243
   17. The Amending Power 248
   18. The Basic Structure Doctrine 253
   19. After Kesavananda 260

   Contents continued

   Module 03 Right to Equality (Article 14 to 18)

   1. The Equality Code: How Articles 14 to 18 Fit Together 265
   2. Equality Before the Law, and Equal Protection of the Laws 270
   3. Reasonable Classification: the Twin Test 274
   4. Arbitrariness: the Newer Doctrine 279
   5. Article 14 Applied: Working Three Problems 284
   6. Article 15: The Prohibited Grounds 290
   7. Special Provision for Women and Children 295
   8. Reservation in Education: Article 15(4) and 15(5) 300
   9. The Economically Weaker Sections: Article 15(6) and 16(6) 305
   10. Article 16: Equality of Opportunity in Public Employment 310
   11. Reservation in Public Employment 314
   12. The Fifty Per Cent Ceiling, and the Creamy Layer 318
   13. Reservation in Promotion 323
   14. Article 17: Untouchability Abolished 327
   15. Article 18: Titles 331

   Module 04 Right to Freedom I (Article 19)

   1. Article 19: The Six Freedoms 334
   2. Freedom of Speech and Expression 338
   3. The Grounds of Reasonable Restriction 343

   Contents continued

   Module 04 continued Right to Freedom I (Article 19)

   1. Prior Restraint and Pre-Censorship 349
   2. Assembly, Association, Movement and Residence 354
   3. Profession, Trade, Occupation and Business 359
   4. Article 19 Applied: Working the Problems 364
   5. What Happened to the Right to Property 369
   6. Saving of Certain Laws: Articles 31A, 31B and 31C 376
   7. Article 31B and the Ninth Schedule 385
   8. Article 31C: When a Directive Principle Beats a Fundamental Right 392

   Module 05 Right to Freedom II (Articles 20 to 22)

   1. Article 20: The Three Protections of an Accused 399
   2. Ex Post Facto Law 403
   3. Double Jeopardy 407
   4. The Protection Against Self-Incrimination 411
   5. Article 21: From Gopalan to Maneka Gandhi 416
   6. Procedure Established by Law, and Due Process 421
   7. The Expansion of the Word Life 425
   8. Personal Liberty, and the Writ That Protects It 431
   9. Article 21 and the Emergency 436

   Contents continued

   Module 05 continued Right to Freedom II (Articles 20 to 22)

   1. Article 21 Applied: Working the Problems 441
   2. Education Before Article 21A 447
   3. Article 21A: The Right to Education 452
   4. Article 22: Arrest and Detention 458
   5. Preventive Detention 463

   Module 06 Right against Exploitation (Articles 23 and 24)

   1. Articles 23 and 24: The Right Against Exploitation 469
   2. Traffic in Human Beings 475
   3. Forced Labour and Begar 479
   4. Bonded Labour 485
   5. Article 24: Child Labour 492

   Module 07 Right to Freedom of Religion (Articles 25 to 28) and Cultural and Educational Rights (Articles 29 to 30)

   1. What Secularism Means Here 499
   2. Article 25: Freedom of Conscience and Free Profession of Religion 505
   3. Essential Religious Practices 514
   4. The Limits of Religious Freedom 522
   5. Article 26: Freedom to Manage Religious Affairs 528

   Contents continued

   Module 07 continued Right to Freedom of Religion (Articles 25 to 28) and Cultural and Educational Rights (Articles 29 to 30)

   1. Articles 27 and 28: Religious Taxation and Religious Instruction 535
   2. Who Is a Minority 541
   3. Article 29: The Right to Conserve a Culture 548
   4. Article 30: To Establish and to Administer 555
   5. How Far the State May Regulate a Minority Institution 564
   6. Minority Institutions and the Right to Education Act 574

   Module 08 Right to Constitutional Remedies

   1. Article 32: A Fundamental Right to a Remedy 581
   2. The Five Writs 590
   3. Habeas Corpus 597
   4. Mandamus, Prohibition, Certiorari and Quo Warranto 604
   5. Article 32 and Article 226 Compared 611
   6. Public Interest Litigation 617
   7. The Limits of Public Interest Litigation 625
   8. Emergency, and Fundamental Rights 632

   Module 09 Directive Principles of State Policy (Articles 36 to 51) and Fundamental Duties (Article 51A)

   1. Part IV: The Directive Principles of State Policy 638
   2. Why the Principles Are Not Enforceable, and What That Costs 644

   Contents continued

   Module 09 continued Directive Principles of State Policy (Articles 36 to 51) and Fundamental Duties (Article 51A)

   1. The Directive Principles and the Welfare State 652
   2. The Socialistic Principles 659
   3. The Gandhian Principles 667
   4. The Liberal and Intellectual Principles 674
   5. Directive Principles and Fundamental Rights: the Relationship 682
   6. Judicial and Legislative Trends on the Directive Principles 691
   7. Part IVA: The Fundamental Duties 700
   8. Where the Duties Came From 706
   9. Are the Duties Enforceable? 712

   Page 1 onwards

   718 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. 718 pages.

   Every chapter in the notes: 128 chapters across 9 modules

   Module 01 25 chapters

   1. 1 The Constituent Assembly: How It Was Composed pages 1 to 5
   2. 2 Framing and Drafting: the Committees and the Drafting Committee pages 6 to 10
   3. 3 Where the Constitution's Provisions Came From pages 11 to 15
   4. 4 Part XXII: Short Title, Commencement and the Authoritative Texts pages 16 to 21
   5. 5 What a Constitution Is, and What This One Has to Do pages 22 to 26
   6. 6 The Constitution as the Basic Norm pages 27 to 31
   7. 7 Forms and Models of a Constitution pages 32 to 35
   8. 8 Written and Unwritten, Rigid and Flexible pages 36 to 40
   9. 9 What Constitutionalism Means, and Why a Constitution Is Not Enough pages 41 to 46
   10. 10 The Rule of Law, and What Survives of Dicey pages 47 to 51
   11. 11 The Rule of Law Inside Our Own Constitution pages 52 to 56
   12. 12 Constitutional Supremacy, and Parliamentary Sovereignty Compared pages 57 to 61
   13. 13 The Constitution as a Living Document pages 62 to 66
   14. 14 The Salient Features of the Indian Constitution pages 67 to 71
   15. 15 The Longest Written Constitution, and Why pages 72 to 75
   16. 16 A Federation With a Unitary Bias pages 76 to 81
   17. 17 Parliamentary Government, and the Separation of Powers Here pages 82 to 87
   18. 18 Single Citizenship, Universal Franchise and an Independent Judiciary pages 88 to 92
   19. 19 The Preamble, Word by Word pages 93 to 97
   20. 20 Sovereign, Socialist, Secular, Democratic, Republic pages 98 to 103
   21. 21 Justice, Liberty, Equality and Fraternity pages 104 to 109
   22. 22 The Concept of Liberty, and Who Limits Whom pages 110 to 114
   23. 23 The Preamble as a Tool to Interpret the Constitution pages 115 to 119
   24. 24 What the Courts Have Held About the Preamble pages 120 to 124
   25. 25 Is the Preamble Part of the Constitution, and May It Be Amended? pages 125 to 129

   Module 02 28 chapters

   1. 26 A Union of States, and Why Not a Federation pages 130 to 132
   2. 27 Admission and Establishment of New States pages 133 to 135
   3. 28 Forming a New State, and Altering a Boundary pages 136 to 140
   4. 29 Consequential Amendments, and Why They Are Not Amendments pages 141 to 144
   5. 30 Who Became a Citizen in 1950 pages 145 to 150
   6. 31 Persons of Indian Origin Abroad, and Voluntary Foreign Citizenship pages 151 to 155
   7. 32 Parliament's Power Over Citizenship pages 156 to 159
   8. 33 Citizenship by Birth and by Descent pages 160 to 164
   9. 34 Citizenship by Registration, by Naturalisation, and by Territory pages 165 to 169
   10. 35 The Assam Accord: Section 6A pages 170 to 174
   11. 36 The Citizenship (Amendment) Act 2019, and Section 6B pages 175 to 180
   12. 37 Overseas Citizenship of India pages 181 to 185
   13. 38 Losing Citizenship: Renunciation, Termination and Deprivation pages 186 to 190
   14. 39 Registers, Identity Cards and the Rest of the Act pages 191 to 195
   15. 40 Why There Are Fundamental Rights At All pages 196 to 200
   16. 41 Why the Definition of State Decides Everything pages 201 to 204
   17. 42 The Authorities Article 12 Names pages 205 to 208
   18. 43 Other Authorities, and the Tests the Courts Built pages 209 to 215
   19. 44 Is the Judiciary State? pages 216 to 219
   20. 45 Article 13: Laws Inconsistent With Fundamental Rights pages 220 to 224
   21. 46 Pre-Constitutional and Post-Constitutional Laws pages 225 to 229
   22. 47 The Doctrine of Eclipse pages 230 to 234
   23. 48 The Doctrine of Severability pages 235 to 238
   24. 49 The Doctrine of Waiver pages 239 to 242
   25. 50 The Doctrine of Ultra Vires pages 243 to 247
   26. 51 The Amending Power pages 248 to 252
   27. 52 The Basic Structure Doctrine pages 253 to 259
   28. 53 After Kesavananda pages 260 to 264

   Module 03 15 chapters

   1. 54 The Equality Code: How Articles 14 to 18 Fit Together pages 265 to 269
   2. 55 Equality Before the Law, and Equal Protection of the Laws pages 270 to 273
   3. 56 Reasonable Classification: the Twin Test pages 274 to 278
   4. 57 Arbitrariness: the Newer Doctrine pages 279 to 283
   5. 58 Article 14 Applied: Working Three Problems pages 284 to 289
   6. 59 Article 15: The Prohibited Grounds pages 290 to 294
   7. 60 Special Provision for Women and Children pages 295 to 299
   8. 61 Reservation in Education: Article 15(4) and 15(5) pages 300 to 304
   9. 62 The Economically Weaker Sections: Article 15(6) and 16(6) pages 305 to 309
   10. 63 Article 16: Equality of Opportunity in Public Employment pages 310 to 313
   11. 64 Reservation in Public Employment pages 314 to 317
   12. 65 The Fifty Per Cent Ceiling, and the Creamy Layer pages 318 to 322
   13. 66 Reservation in Promotion pages 323 to 326
   14. 67 Article 17: Untouchability Abolished pages 327 to 330
   15. 68 Article 18: Titles pages 331 to 333

   Module 04 11 chapters

   1. 69 Article 19: The Six Freedoms pages 334 to 337
   2. 70 Freedom of Speech and Expression pages 338 to 342
   3. 71 The Grounds of Reasonable Restriction pages 343 to 348
   4. 72 Prior Restraint and Pre-Censorship pages 349 to 353
   5. 73 Assembly, Association, Movement and Residence pages 354 to 358
   6. 74 Profession, Trade, Occupation and Business pages 359 to 363
   7. 75 Article 19 Applied: Working the Problems pages 364 to 368
   8. 76 What Happened to the Right to Property pages 369 to 375
   9. 77 Saving of Certain Laws: Articles 31A, 31B and 31C pages 376 to 384
   10. 78 Article 31B and the Ninth Schedule pages 385 to 391
   11. 79 Article 31C: When a Directive Principle Beats a Fundamental Right pages 392 to 398

   Module 05 14 chapters

   1. 80 Article 20: The Three Protections of an Accused pages 399 to 402
   2. 81 Ex Post Facto Law pages 403 to 406
   3. 82 Double Jeopardy pages 407 to 410
   4. 83 The Protection Against Self-Incrimination pages 411 to 415
   5. 84 Article 21: From Gopalan to Maneka Gandhi pages 416 to 420
   6. 85 Procedure Established by Law, and Due Process pages 421 to 424
   7. 86 The Expansion of the Word Life pages 425 to 430
   8. 87 Personal Liberty, and the Writ That Protects It pages 431 to 435
   9. 88 Article 21 and the Emergency pages 436 to 440
   10. 89 Article 21 Applied: Working the Problems pages 441 to 446
   11. 90 Education Before Article 21A pages 447 to 451
   12. 91 Article 21A: The Right to Education pages 452 to 457
   13. 92 Article 22: Arrest and Detention pages 458 to 462
   14. 93 Preventive Detention pages 463 to 468

   Module 06 5 chapters

   1. 94 Articles 23 and 24: The Right Against Exploitation pages 469 to 474
   2. 95 Traffic in Human Beings pages 475 to 478
   3. 96 Forced Labour and Begar pages 479 to 484
   4. 97 Bonded Labour pages 485 to 491
   5. 98 Article 24: Child Labour pages 492 to 498

   Module 07 11 chapters

   1. 99 What Secularism Means Here pages 499 to 504
   2. 100 Article 25: Freedom of Conscience and Free Profession of Religion pages 505 to 513
   3. 101 Essential Religious Practices pages 514 to 521
   4. 102 The Limits of Religious Freedom pages 522 to 527
   5. 103 Article 26: Freedom to Manage Religious Affairs pages 528 to 534
   6. 104 Articles 27 and 28: Religious Taxation and Religious Instruction pages 535 to 540
   7. 105 Who Is a Minority pages 541 to 547
   8. 106 Article 29: The Right to Conserve a Culture pages 548 to 554
   9. 107 Article 30: To Establish and to Administer pages 555 to 563
   10. 108 How Far the State May Regulate a Minority Institution pages 564 to 573
   11. 109 Minority Institutions and the Right to Education Act pages 574 to 580

   Module 08 8 chapters

   1. 110 Article 32: A Fundamental Right to a Remedy pages 581 to 589
   2. 111 The Five Writs pages 590 to 596
   3. 112 Habeas Corpus pages 597 to 603
   4. 113 Mandamus, Prohibition, Certiorari and Quo Warranto pages 604 to 610
   5. 114 Article 32 and Article 226 Compared pages 611 to 616
   6. 115 Public Interest Litigation pages 617 to 624
   7. 116 The Limits of Public Interest Litigation pages 625 to 631
   8. 117 Emergency, and Fundamental Rights pages 632 to 637

   Module 09 11 chapters

   1. 118 Part IV: The Directive Principles of State Policy pages 638 to 643
   2. 119 Why the Principles Are Not Enforceable, and What That Costs pages 644 to 651
   3. 120 The Directive Principles and the Welfare State pages 652 to 658
   4. 121 The Socialistic Principles pages 659 to 666
   5. 122 The Gandhian Principles pages 667 to 673
   6. 123 The Liberal and Intellectual Principles pages 674 to 681
   7. 124 Directive Principles and Fundamental Rights: the Relationship pages 682 to 690
   8. 125 Judicial and Legislative Trends on the Directive Principles pages 691 to 699
   9. 126 Part IVA: The Fundamental Duties pages 700 to 705
   10. 127 Where the Duties Came From pages 706 to 711
   11. 128 Are the Duties Enforceable? pages 712 to 718

4. Law of Crimes (Bharatiya Nyay Sanhita 2023)

   Official Notes munotes.in

   Law of Crimes (Bharatiya Nyay Sanhita 2023)

   SPPU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 5

   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 Third Year

   Law of Crimes (Bharatiya Nyay Sanhita 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.

   Contents

   Module I Introduction to Bhartiya Nyaya Sanhita 2023

   1. Law of Crimes Is Now the Sanhita 1
   2. How Indian Criminal Law Was Made 5
   3. What the Sanhita Repealed and What It Saved 10
   4. The Plan of the Sanhita 18
   5. Extent and Operation 22
   6. The Words the Sanhita Defines 27
   7. Property, Dishonesty and Documents Defined 32
   8. The General Explanations 36
   9. Common Intention 41
   10. Crime and Civil Wrong 46
   11. The Act the Law Punishes 50
   12. The Guilty Mind 55
   13. When the Law Does Not Ask for Intention 60
   14. Cause and Consequence 65

   Module II General Exceptions (Sections 4 to 44)

   1. The Punishments the Sanhita Allows 70
   2. Community Service 73
   3. Fine, Default and Commutation 77
   4. Solitary Confinement 81

   Contents continued

   Module II continued General Exceptions (Sections 4 to 44)

   1. Fractions, Several Offences and Repeat Offenders 84
   2. The General Exceptions and Who Must Prove Them 89
   3. Bound or Justified by Law 93
   4. Accident 98
   5. Necessity 101
   6. The Age of Criminal Responsibility 105
   7. Unsoundness of Mind 109
   8. Intoxication 114
   9. Consent 119
   10. Good Faith, Compulsion and Trifles 124
   11. The Right of Private Defence 128
   12. When Private Defence May Kill 134
   13. Private Defence of Property 138

   Module III Inchoate Crimes (Sections 45-62)

   1. The Four Stages of a Crime 143
   2. Preparation That Is Already an Offence 148
   3. Abetment 152
   4. Abetment Across Borders 156
   5. Punishing the Abettor 159

   Contents continued

   Module III continued Inchoate Crimes (Sections 45-62)

   1. Concealing a Design 164
   2. Criminal Conspiracy 168
   3. Attempt 174

   Module IV Offenses Against the Human Body

   1. Culpable Homicide and Murder 179
   2. Punishment for Murder and for Culpable Homicide 193
   3. Negligence in the Criminal Law 203
   4. Causing Death by Negligence 208
   5. Attempt to Murder 213
   6. Hurt and Grievous Hurt 220
   7. Aggravated Hurt 228
   8. Acid Attacks 238
   9. Organised Crime 244
   10. Terrorist Act 252
   11. Wrongful Restraint and Wrongful Confinement 261
   12. Force, Criminal Force and Assault 269
   13. Aggravated Assault 278
   14. Kidnapping and Abduction 285
   15. Aggravated Kidnapping 292

   Contents continued

   Module IV continued Offenses Against the Human Body

   1. Trafficking and Forced Labour 301
   2. Defamation 308

   Module V Offenses Against Women

   1. Rape 319
   2. Aggravated Rape and Gang Rape 327
   3. Gang Rape and Dacoity as Joint Liability 334
   4. Rape by a Husband or by a Person in Authority 338
   5. Protecting the Victim's Identity 346
   6. Outraging Modesty and Sexual Harassment 352
   7. Voyeurism and Stalking 359
   8. Dowry Death 366
   9. Cruelty by a Husband or His Relatives 373

   Module VI Offenses Against Property

   1. Theft 381
   2. Snatching and Aggravated Theft 388
   3. Extortion 395
   4. Robbery and Dacoity 401
   5. Misappropriation 409

   Contents continued

   Module VI continued Offenses Against Property

   1. Criminal Breach of Trust 415
   2. Stolen Property 421
   3. Cheating 426
   4. Fraudulent Deeds and Dispositions 433
   5. Mischief 440
   6. Criminal Trespass 450

   Module VII Offenses Against Public Tranquility

   1. Unlawful Assembly 460
   2. Common Object and How It Differs 465
   3. Rioting and Provocation 471
   4. Affray 476
   5. Promoting Enmity Between Groups 479

   Module VIII Offences against the State.

   1. Waging War Against India 483
   2. Assaulting the President or a Governor 487
   3. Sovereignty, Unity and Integrity 490
   4. The Section That Replaced Sedition 494
   5. Offences Against Friendly Foreign States 499

   Contents continued

   Module VIII continued Offences against the State.

   1. Prisoners of State and of War 503

   Page 1 onwards

   506 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. 506 pages.

   Every chapter in the notes: 87 chapters across 8 modules

   Module I 14 chapters

   1. 1 Law of Crimes Is Now the Sanhita pages 1 to 4
   2. 2 How Indian Criminal Law Was Made pages 5 to 9
   3. 3 What the Sanhita Repealed and What It Saved pages 10 to 17
   4. 4 The Plan of the Sanhita pages 18 to 21
   5. 5 Extent and Operation pages 22 to 26
   6. 6 The Words the Sanhita Defines pages 27 to 31
   7. 7 Property, Dishonesty and Documents Defined pages 32 to 35
   8. 8 The General Explanations pages 36 to 40
   9. 9 Common Intention pages 41 to 45
   10. 10 Crime and Civil Wrong pages 46 to 49
   11. 11 The Act the Law Punishes pages 50 to 54
   12. 12 The Guilty Mind pages 55 to 59
   13. 13 When the Law Does Not Ask for Intention pages 60 to 64
   14. 14 Cause and Consequence pages 65 to 69

   Module II 17 chapters

   1. 15 The Punishments the Sanhita Allows pages 70 to 72
   2. 16 Community Service pages 73 to 76
   3. 17 Fine, Default and Commutation pages 77 to 80
   4. 18 Solitary Confinement pages 81 to 83
   5. 19 Fractions, Several Offences and Repeat Offenders pages 84 to 88
   6. 20 The General Exceptions and Who Must Prove Them pages 89 to 92
   7. 21 Bound or Justified by Law pages 93 to 97
   8. 22 Accident pages 98 to 100
   9. 23 Necessity pages 101 to 104
   10. 24 The Age of Criminal Responsibility pages 105 to 108
   11. 25 Unsoundness of Mind pages 109 to 113
   12. 26 Intoxication pages 114 to 118
   13. 27 Consent pages 119 to 123
   14. 28 Good Faith, Compulsion and Trifles pages 124 to 127
   15. 29 The Right of Private Defence pages 128 to 133
   16. 30 When Private Defence May Kill pages 134 to 137
   17. 31 Private Defence of Property pages 138 to 142

   Module III 8 chapters

   1. 32 The Four Stages of a Crime pages 143 to 147
   2. 33 Preparation That Is Already an Offence pages 148 to 151
   3. 34 Abetment pages 152 to 155
   4. 35 Abetment Across Borders pages 156 to 158
   5. 36 Punishing the Abettor pages 159 to 163
   6. 37 Concealing a Design pages 164 to 167
   7. 38 Criminal Conspiracy pages 168 to 173
   8. 39 Attempt pages 174 to 178

   Module IV 17 chapters

   1. 40 Culpable Homicide and Murder pages 179 to 192
   2. 41 Punishment for Murder and for Culpable Homicide pages 193 to 202
   3. 42 Negligence in the Criminal Law pages 203 to 207
   4. 43 Causing Death by Negligence pages 208 to 212
   5. 44 Attempt to Murder pages 213 to 219
   6. 45 Hurt and Grievous Hurt pages 220 to 227
   7. 46 Aggravated Hurt pages 228 to 237
   8. 47 Acid Attacks pages 238 to 243
   9. 48 Organised Crime pages 244 to 251
   10. 49 Terrorist Act pages 252 to 260
   11. 50 Wrongful Restraint and Wrongful Confinement pages 261 to 268
   12. 51 Force, Criminal Force and Assault pages 269 to 277
   13. 52 Aggravated Assault pages 278 to 284
   14. 53 Kidnapping and Abduction pages 285 to 291
   15. 54 Aggravated Kidnapping pages 292 to 300
   16. 55 Trafficking and Forced Labour pages 301 to 307
   17. 56 Defamation pages 308 to 318

   Module V 9 chapters

   1. 57 Rape pages 319 to 326
   2. 58 Aggravated Rape and Gang Rape pages 327 to 333
   3. 59 Gang Rape and Dacoity as Joint Liability pages 334 to 337
   4. 60 Rape by a Husband or by a Person in Authority pages 338 to 345
   5. 61 Protecting the Victim's Identity pages 346 to 351
   6. 62 Outraging Modesty and Sexual Harassment pages 352 to 358
   7. 63 Voyeurism and Stalking pages 359 to 365
   8. 64 Dowry Death pages 366 to 372
   9. 65 Cruelty by a Husband or His Relatives pages 373 to 380

   Module VI 11 chapters

   1. 66 Theft pages 381 to 387
   2. 67 Snatching and Aggravated Theft pages 388 to 394
   3. 68 Extortion pages 395 to 400
   4. 69 Robbery and Dacoity pages 401 to 408
   5. 70 Misappropriation pages 409 to 414
   6. 71 Criminal Breach of Trust pages 415 to 420
   7. 72 Stolen Property pages 421 to 425
   8. 73 Cheating pages 426 to 432
   9. 74 Fraudulent Deeds and Dispositions pages 433 to 439
   10. 75 Mischief pages 440 to 449
   11. 76 Criminal Trespass pages 450 to 459

   Module VII 5 chapters

   1. 77 Unlawful Assembly pages 460 to 464
   2. 78 Common Object and How It Differs pages 465 to 470
   3. 79 Rioting and Provocation pages 471 to 475
   4. 80 Affray pages 476 to 478
   5. 81 Promoting Enmity Between Groups pages 479 to 482

   Module VIII 6 chapters

   1. 82 Waging War Against India pages 483 to 486
   2. 83 Assaulting the President or a Governor pages 487 to 489
   3. 84 Sovereignty, Unity and Integrity pages 490 to 493
   4. 85 The Section That Replaced Sedition pages 494 to 498
   5. 86 Offences Against Friendly Foreign States pages 499 to 502
   6. 87 Prisoners of State and of War pages 503 to 506

5. Law of Contract I

   Official Notes munotes.in

   Law of Contract I

   SPPU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 5

   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 Third Year

   Law of Contract I

   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.

   Contents

   Module 01 Introduction & Formation of Contract

   1. What a Contract Is, and Why the Law Enforces a Promise 1
   2. History and Nature of a Contractual Obligation 5
   3. The Contemporary Relevance of the Law of Contract 11
   4. Section 2: the Interpretation Clause that Carries the Whole Act 16
   5. Agreement, Contract, and the Difference that Decides Cases 20
   6. Proposal: What an Offer Is, and What Only Looks Like One 24
   7. Communication of Proposal, Acceptance and Revocation 29
   8. Revocation of Proposals and Acceptances 33
   9. Acceptance Must Be Absolute and Unqualified 38
   10. Acceptance by Performing Conditions, and Implied Promises 42
   11. Contracts Between Absent Parties: the Post, the Telephone and the Inbox 46
   12. Section 10: What Agreements Are Contracts 51
   13. Standard Form Agreements 56
   14. E-Contracts and the Scheme of the Information Technology Act 60
   15. Legal Recognition of Electronic Records and Electronic Signatures 65
   16. Section 10A: the Validity of Contracts Formed Through Electronic Means 70
   17. Attribution, Acknowledgment and Despatch of Electronic Records 74
   18. Clickwrap and Shrink Wrap Contracts 79

   Contents continued

   Module 02 Competency of Parties: Section 10 to 12 of ICA, 1872

   1. Competency of Parties, and the Age of Majority 84
   2. A Minor's Agreement Is Void Ab Initio 89
   3. The Minor's Position: Necessaries, Restitution and Ratification 95
   4. Persons of Unsound Mind, and Persons Disqualified by Law 101

   Module 03 Free Consent - Sections 13 to 22, 64, 65, 67 of ICA, 1872

   1. Consent and Free Consent 106
   2. Coercion 111
   3. Undue Influence 116
   4. Setting Aside a Contract Induced by Undue Influence 123
   5. Misrepresentation 127
   6. Fraud 132
   7. Mistake of Fact and Mistake of Law 138
   8. Voidability of Agreements Without Free Consent 144
   9. Consequences of Rescission, and Restoration of Benefit 149
   10. Communicating Rescission, and the Promisee's Neglect 154

   Module 04 Consideration - Sections 2(d) ICA, 1872

   1. Consideration: What It Is, and the Rules It Obeys 158
   2. Agreements Without Consideration Are Void, Unless 163

   Contents continued

   Module 04 continued Consideration - Sections 2(d) ICA, 1872

   1. Privity of Contract and Privity of Consideration 169

   Module 05 Void Agreements - Sections 23 to 30 of ICA, 1872

   1. Unlawful Consideration and Object 174
   2. Reciprocal Promises to Do Legal and Illegal Things 180
   3. Agreements Void in Part, and Severability 184
   4. Agreements in Restraint of Marriage 188
   5. Agreements in Restraint of Trade 192
   6. Agreements in Restraint of Legal Proceedings 198
   7. Agreements Void for Uncertainty 203
   8. Wagering Agreements 208

   Module 06 Contingent Contracts and Quasi-Contracts

   1. Contingent Contracts 214
   2. Quasi Contracts: Obligations Resembling Those Created by Contract 219

   Module 07 Performance and Discharge of Contract

   1. The Obligation to Perform, and Who Is Bound 226
   2. By Whom a Contract Must Be Performed 230
   3. Joint Liabilities and Joint Rights 234

   Contents continued

   Module 07 continued Performance and Discharge of Contract

   1. Time and Place for Performance 240
   2. Time as the Essence of the Contract 246
   3. Performance of Reciprocal Promises 251
   4. Appropriation of Payments 257
   5. Offer of Performance: Tender, and Its Effect 261
   6. Effect of Refusal of a Party to Perform Wholly 266
   7. Breach of Contract, Actual and Anticipatory 271
   8. Impossibility of Performance, and Frustration 276
   9. The Doctrine of Frustration in Indian Law 282
   10. Discharge by Agreement: Novation, Rescission and Alteration 287
   11. Remission and Waiver of Performance 291
   12. Discharge of a Contract: the Whole Picture 295

   Module 08 Contract Remedies

   1. Compensation for Loss or Damage Caused by Breach 299
   2. Remoteness of Damage, and the Duty to Mitigate 304
   3. Liquidated Damages and Penalty 309
   4. Types of Damages, and the Remedies for Breach 317
   5. Compensation to a Party Rightfully Rescinding 322
   6. The Origin of Specific Relief as an Equitable Relief 326

   Contents continued

   Module 08 continued Contract Remedies

   1. The Scheme of the Specific Relief Act 1963 331
   2. Specific Performance After 2018: the Rule, Not the Discretion 336
   3. Contracts That Cannot Be Specifically Enforced 342
   4. The Court's Power to Engage Experts 347
   5. Substituted Performance of Contract 352
   6. Who May Obtain, and Against Whom It May Be Enforced 357
   7. Rights of a Purchaser or Lessee Against a Person with No Title 363
   8. Personal Bars to Relief 368
   9. Compensation With or Instead of Specific Performance 374
   10. Defences in Suits for Relief Based on Contract 380
   11. Rescission of Contracts 384
   12. Preventive Relief, and the Kinds of Injunction 390
   13. Perpetual and Mandatory Injunctions 395
   14. When an Injunction Cannot Be Granted 400
   15. Injunction to Perform a Negative Agreement 405
   16. Damages in Lieu of, or in Addition to, an Injunction 410
   17. Rectification of Instruments 414
   18. Cancellation of Instruments 419

   Page 1 onwards

   423 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. 423 pages.

   Every chapter in the notes: 84 chapters across 8 modules

   Module 01 18 chapters

   1. 1 What a Contract Is, and Why the Law Enforces a Promise pages 1 to 4
   2. 2 History and Nature of a Contractual Obligation pages 5 to 10
   3. 3 The Contemporary Relevance of the Law of Contract pages 11 to 15
   4. 4 Section 2: the Interpretation Clause that Carries the Whole Act pages 16 to 19
   5. 5 Agreement, Contract, and the Difference that Decides Cases pages 20 to 23
   6. 6 Proposal: What an Offer Is, and What Only Looks Like One pages 24 to 28
   7. 7 Communication of Proposal, Acceptance and Revocation pages 29 to 32
   8. 8 Revocation of Proposals and Acceptances pages 33 to 37
   9. 9 Acceptance Must Be Absolute and Unqualified pages 38 to 41
   10. 10 Acceptance by Performing Conditions, and Implied Promises pages 42 to 45
   11. 11 Contracts Between Absent Parties: the Post, the Telephone and the Inbox pages 46 to 50
   12. 12 Section 10: What Agreements Are Contracts pages 51 to 55
   13. 13 Standard Form Agreements pages 56 to 59
   14. 14 E-Contracts and the Scheme of the Information Technology Act pages 60 to 64
   15. 15 Legal Recognition of Electronic Records and Electronic Signatures pages 65 to 69
   16. 16 Section 10A: the Validity of Contracts Formed Through Electronic Means pages 70 to 73
   17. 17 Attribution, Acknowledgment and Despatch of Electronic Records pages 74 to 78
   18. 18 Clickwrap and Shrink Wrap Contracts pages 79 to 83

   Module 02 4 chapters

   1. 19 Competency of Parties, and the Age of Majority pages 84 to 88
   2. 20 A Minor's Agreement Is Void Ab Initio pages 89 to 94
   3. 21 The Minor's Position: Necessaries, Restitution and Ratification pages 95 to 100
   4. 22 Persons of Unsound Mind, and Persons Disqualified by Law pages 101 to 105

   Module 03 10 chapters

   1. 23 Consent and Free Consent pages 106 to 110
   2. 24 Coercion pages 111 to 115
   3. 25 Undue Influence pages 116 to 122
   4. 26 Setting Aside a Contract Induced by Undue Influence pages 123 to 126
   5. 27 Misrepresentation pages 127 to 131
   6. 28 Fraud pages 132 to 137
   7. 29 Mistake of Fact and Mistake of Law pages 138 to 143
   8. 30 Voidability of Agreements Without Free Consent pages 144 to 148
   9. 31 Consequences of Rescission, and Restoration of Benefit pages 149 to 153
   10. 32 Communicating Rescission, and the Promisee's Neglect pages 154 to 157

   Module 04 3 chapters

   1. 33 Consideration: What It Is, and the Rules It Obeys pages 158 to 162
   2. 34 Agreements Without Consideration Are Void, Unless pages 163 to 168
   3. 35 Privity of Contract and Privity of Consideration pages 169 to 173

   Module 05 8 chapters

   1. 36 Unlawful Consideration and Object pages 174 to 179
   2. 37 Reciprocal Promises to Do Legal and Illegal Things pages 180 to 183
   3. 38 Agreements Void in Part, and Severability pages 184 to 187
   4. 39 Agreements in Restraint of Marriage pages 188 to 191
   5. 40 Agreements in Restraint of Trade pages 192 to 197
   6. 41 Agreements in Restraint of Legal Proceedings pages 198 to 202
   7. 42 Agreements Void for Uncertainty pages 203 to 207
   8. 43 Wagering Agreements pages 208 to 213

   Module 06 2 chapters

   1. 44 Contingent Contracts pages 214 to 218
   2. 45 Quasi Contracts: Obligations Resembling Those Created by Contract pages 219 to 225

   Module 07 15 chapters

   1. 46 The Obligation to Perform, and Who Is Bound pages 226 to 229
   2. 47 By Whom a Contract Must Be Performed pages 230 to 233
   3. 48 Joint Liabilities and Joint Rights pages 234 to 239
   4. 49 Time and Place for Performance pages 240 to 245
   5. 50 Time as the Essence of the Contract pages 246 to 250
   6. 51 Performance of Reciprocal Promises pages 251 to 256
   7. 52 Appropriation of Payments pages 257 to 260
   8. 53 Offer of Performance: Tender, and Its Effect pages 261 to 265
   9. 54 Effect of Refusal of a Party to Perform Wholly pages 266 to 270
   10. 55 Breach of Contract, Actual and Anticipatory pages 271 to 275
   11. 56 Impossibility of Performance, and Frustration pages 276 to 281
   12. 57 The Doctrine of Frustration in Indian Law pages 282 to 286
   13. 58 Discharge by Agreement: Novation, Rescission and Alteration pages 287 to 290
   14. 59 Remission and Waiver of Performance pages 291 to 294
   15. 60 Discharge of a Contract: the Whole Picture pages 295 to 298

   Module 08 24 chapters

   1. 61 Compensation for Loss or Damage Caused by Breach pages 299 to 303
   2. 62 Remoteness of Damage, and the Duty to Mitigate pages 304 to 308
   3. 63 Liquidated Damages and Penalty pages 309 to 316
   4. 64 Types of Damages, and the Remedies for Breach pages 317 to 321
   5. 65 Compensation to a Party Rightfully Rescinding pages 322 to 325
   6. 66 The Origin of Specific Relief as an Equitable Relief pages 326 to 330
   7. 67 The Scheme of the Specific Relief Act 1963 pages 331 to 335
   8. 68 Specific Performance After 2018: the Rule, Not the Discretion pages 336 to 341
   9. 69 Contracts That Cannot Be Specifically Enforced pages 342 to 346
   10. 70 The Court's Power to Engage Experts pages 347 to 351
   11. 71 Substituted Performance of Contract pages 352 to 356
   12. 72 Who May Obtain, and Against Whom It May Be Enforced pages 357 to 362
   13. 73 Rights of a Purchaser or Lessee Against a Person with No Title pages 363 to 367
   14. 74 Personal Bars to Relief pages 368 to 373
   15. 75 Compensation With or Instead of Specific Performance pages 374 to 379
   16. 76 Defences in Suits for Relief Based on Contract pages 380 to 383
   17. 77 Rescission of Contracts pages 384 to 389
   18. 78 Preventive Relief, and the Kinds of Injunction pages 390 to 394
   19. 79 Perpetual and Mandatory Injunctions pages 395 to 399
   20. 80 When an Injunction Cannot Be Granted pages 400 to 404
   21. 81 Injunction to Perform a Negative Agreement pages 405 to 409
   22. 82 Damages in Lieu of, or in Addition to, an Injunction pages 410 to 413
   23. 83 Rectification of Instruments pages 414 to 418
   24. 84 Cancellation of Instruments pages 419 to 423

6. English

   Official Notes munotes.in

   English

   SPPU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 5

   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 Third Year

   English

   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.

   Contents

   Module 01 Language and Meaning

   1. What Is Language? Its Definition and Nature 1
   2. Language and Law 5
   3. Characteristics of Legal Language 14
   4. Bilingual Competence: Working in Two Languages 22
   5. The Concept of Meaning 26
   6. Lexical Relations: Synonymy, Antonymy, Hyponymy, Homophones and Homographs, and Polysemy 29
   7. Homophones 33
   8. Words Often Confused 41

   Module 02 Grammar and Usage

   1. Grammar: the Sentence and Its Parts 46
   2. Common Errors in English 50
   3. Verbs and Tenses 55
   4. Articles: A, An and The 60
   5. Prepositions and Their Usage 67
   6. Transformation of Sentences: Simple, Compound and Complex 73
   7. Active and Passive Voice 81
   8. Making Questions: Yes or No Questions, Wh-Questions and Indirect Questions 85
   9. Question Tags, and the Do As Directed Question 89

   Contents continued

   Module 02 continued Grammar and Usage

   1. Reported Speech 93
   2. Syntactic Ambiguity: When One Sentence Has Two Meanings 97

   Module 03 Vocabulary Skills

   1. Vocabulary for a Law Student 100
   2. Idiomatic Expressions: What They Are, and How to Use Them in Sentences 107
   3. Idioms: All and Sundry to Every Now and Then 111
   4. Idioms: Fair and Square to Make Both Ends Meet 115
   5. Idioms: Move Heaven and Earth to Yeoman's Service 119
   6. Law, Custom and Justice 123
   7. Right, Duty, Wrong and Remedy 130
   8. Fact, Person, Offence and State 138
   9. Plaint, Complaint, Suit and Affidavit 146
   10. Judgment, Appeal, Review, Revision and Reference 154
   11. Writ, Stay Order, Injunction and Adjournment 163
   12. Cause of Action, Issue, Charge and Bail 172
   13. Ex Parte, Discharge, Acquittal and Conviction 181
   14. Legal Heirs, Legal Representative and Power of Attorney 188
   15. International Law, Arbitration, Jurisdiction and Amicus Curiae 196

   Contents continued

   Module 03 continued Vocabulary Skills

   1. Foreign Terminology in Law: Latin, French and Other Borrowed Terms 204
   2. Legal Maxims: the First Eight 208
   3. Legal Maxims: the Remaining Seven 217

   Module 04 Legal Translation

   1. Legal Translation: Meaning, Nature and Scope 226
   2. Principles of Translation 230
   3. The Languages of Indian Law: The Constitution, the Courts and Translation 234
   4. English and Marathi in the Indian Legal System 244
   5. Using Bilingual Legal Vocabulary: English and Marathi 249
   6. Translating Legal Texts and Decided Cases 252
   7. Translating Legal Texts Between English and Marathi 257

   Module 05 Writing Skills

   1. Written Communication and Its Types 260
   2. Paragraph Writing 264
   3. Precis Writing: the Method 274
   4. Precis Writing: Worked Examples 278
   5. Summary Writing 284

   Contents continued

   Module 05 continued Writing Skills

   1. Effective Letter Writing 291
   2. The Letter of Complaint and Other Official Letters 294
   3. The Letter of Application, and the Resume 298
   4. Email Correspondence 301
   5. Essay Writing 305
   6. Notices: the Public Notice and the Legal Notice 310
   7. Meetings: Notice, Agenda and Minutes 315

   Page 1 onwards

   318 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. 318 pages.

   Every chapter in the notes: 56 chapters across 5 modules

   Module 01 8 chapters

   1. 1 What Is Language? Its Definition and Nature pages 1 to 4
   2. 2 Language and Law pages 5 to 13
   3. 3 Characteristics of Legal Language pages 14 to 21
   4. 4 Bilingual Competence: Working in Two Languages pages 22 to 25
   5. 5 The Concept of Meaning pages 26 to 28
   6. 6 Lexical Relations: Synonymy, Antonymy, Hyponymy, Homophones and Homographs, and Polysemy pages 29 to 32
   7. 7 Homophones pages 33 to 40
   8. 8 Words Often Confused pages 41 to 45

   Module 02 11 chapters

   1. 9 Grammar: the Sentence and Its Parts pages 46 to 49
   2. 10 Common Errors in English pages 50 to 54
   3. 11 Verbs and Tenses pages 55 to 59
   4. 12 Articles: A, An and The pages 60 to 66
   5. 13 Prepositions and Their Usage pages 67 to 72
   6. 14 Transformation of Sentences: Simple, Compound and Complex pages 73 to 80
   7. 15 Active and Passive Voice pages 81 to 84
   8. 16 Making Questions: Yes or No Questions, Wh-Questions and Indirect Questions pages 85 to 88
   9. 17 Question Tags, and the Do As Directed Question pages 89 to 92
   10. 18 Reported Speech pages 93 to 96
   11. 19 Syntactic Ambiguity: When One Sentence Has Two Meanings pages 97 to 99

   Module 03 18 chapters

   1. 20 Vocabulary for a Law Student pages 100 to 106
   2. 21 Idiomatic Expressions: What They Are, and How to Use Them in Sentences pages 107 to 110
   3. 22 Idioms: All and Sundry to Every Now and Then pages 111 to 114
   4. 23 Idioms: Fair and Square to Make Both Ends Meet pages 115 to 118
   5. 24 Idioms: Move Heaven and Earth to Yeoman's Service pages 119 to 122
   6. 25 Law, Custom and Justice pages 123 to 129
   7. 26 Right, Duty, Wrong and Remedy pages 130 to 137
   8. 27 Fact, Person, Offence and State pages 138 to 145
   9. 28 Plaint, Complaint, Suit and Affidavit pages 146 to 153
   10. 29 Judgment, Appeal, Review, Revision and Reference pages 154 to 162
   11. 30 Writ, Stay Order, Injunction and Adjournment pages 163 to 171
   12. 31 Cause of Action, Issue, Charge and Bail pages 172 to 180
   13. 32 Ex Parte, Discharge, Acquittal and Conviction pages 181 to 187
   14. 33 Legal Heirs, Legal Representative and Power of Attorney pages 188 to 195
   15. 34 International Law, Arbitration, Jurisdiction and Amicus Curiae pages 196 to 203
   16. 35 Foreign Terminology in Law: Latin, French and Other Borrowed Terms pages 204 to 207
   17. 36 Legal Maxims: the First Eight pages 208 to 216
   18. 37 Legal Maxims: the Remaining Seven pages 217 to 225

   Module 04 7 chapters

   1. 38 Legal Translation: Meaning, Nature and Scope pages 226 to 229
   2. 39 Principles of Translation pages 230 to 233
   3. 40 The Languages of Indian Law: The Constitution, the Courts and Translation pages 234 to 243
   4. 41 English and Marathi in the Indian Legal System pages 244 to 248
   5. 42 Using Bilingual Legal Vocabulary: English and Marathi pages 249 to 251
   6. 43 Translating Legal Texts and Decided Cases pages 252 to 256
   7. 44 Translating Legal Texts Between English and Marathi pages 257 to 259

   Module 05 12 chapters

   1. 45 Written Communication and Its Types pages 260 to 263
   2. 46 Paragraph Writing pages 264 to 273
   3. 47 Precis Writing: the Method pages 274 to 277
   4. 48 Precis Writing: Worked Examples pages 278 to 283
   5. 49 Summary Writing pages 284 to 290
   6. 50 Effective Letter Writing pages 291 to 293
   7. 51 The Letter of Complaint and Other Official Letters pages 294 to 297
   8. 52 The Letter of Application, and the Resume pages 298 to 300
   9. 53 Email Correspondence pages 301 to 304
   10. 54 Essay Writing pages 305 to 309
   11. 55 Notices: the Public Notice and the Legal Notice pages 310 to 314
   12. 56 Meetings: Notice, Agenda and Minutes pages 315 to 318

7. Criminal Psychology and Criminal Sociology

   Official Notes munotes.in

   Criminal Psychology and Criminal Sociology

   SPPU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 5

   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 Third Year

   Criminal Psychology and Criminal Sociology

   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.

   Contents

   Module 01 Crime, Criminal and Criminology

   1. What Is a Crime? The Legal Definitions 1
   2. Crime, Criminal Law and Criminology Distinguished 11
   3. Crime, Sin and Morality: Which Wrongs the Law Punishes 14
   4. Definitions of Criminology 21
   5. The Scope, Divisions and Objectives of Criminology 26
   6. Is Criminology a Science? 29
   7. The Schools of Criminology: An Overview 34
   8. The Pre-Classical School: Demons, Sin and Arbitrary Punishment 39
   9. The Classical School: Beccaria 44
   10. The Classical School Criticised, and What Indian Law Kept of It 51
   11. The Neo-Classical School 55
   12. The Positivist Approach: Radical Positivism and Liberal Positivism 62
   13. The Positive School: The Turn to the Offender 66
   14. The Positive School: Lombroso and the Born Criminal 69
   15. The Positive School: Ferri and Garofalo 75
   16. The Positive School Criticised, and Its Legacy 81
   17. Gabriel Tarde and the Laws of Imitation 86
   18. The Sociological School of Criminology 90

   Contents continued

   Module 02 Psychology and Crime

   1. Criminal Psychology: Meaning, Purpose and Scope 96
   2. Psychological Factors: Intelligence, Personality and Emotion 99
   3. Psychiatric and Psychoanalytic Explanations 102
   4. Freud's Theory of Criminal Behaviour 106
   5. The Clinical School of Criminology 113
   6. The Behaviourist Approach to Crime 118
   7. The Causes of Criminal Behaviour: How the Question Is Asked 121
   8. Emotional and Psychological Factors 128
   9. Mental Disorder and Criminal Responsibility 136
   10. Human Aggression and Violence, and Crime 140

   Module 03 Psychometric Test - Its use in Criminal Behaviour

   1. Measuring Criminal Behaviour: Psychological Tests 143
   2. Criminal Profiling: Definition, Process, Factors, Merits and Demerits 146

   Module 04 Forensic Psychology - Concept and Importance

   1. Forensic Psychology and the Detection of Deception 150
   2. The Historical Background of Forensic Psychology, Abroad and in India 154
   3. Narco-Analysis 157

   Contents continued

   Module 04 continued Forensic Psychology - Concept and Importance

   1. The Polygraph 161
   2. Brain Electrical Activation Profile and Brain Mapping 165
   3. Consent, and the Limits on Involuntary Techniques 169
   4. The Constitutional Line Across All Three 174
   5. Psychology and the Police 178
   6. The Application of Psychology in Court 181
   7. The Role of Psycho-Analysts and Social Workers in the Prison 184
   8. Group Counselling and Re-Socialisation Programmes 192

   Module 05 Sociological Theories - Crime and Social Structure

   1. The Chicago School and Social Ecology 199
   2. Social Disorganization 203
   3. Merton: Social Structure and Anomie 208
   4. Anomie: Durkheim and Merton 213

   Module 06 Subcultural Theories

   1. Albert K. Cohen: The Delinquent Subculture 216
   2. Subcultural Explanations 220

   Module 07 Crime and Social Process

   1. Sutherland and the Theory of Differential Association 223

   Contents continued

   Module 07 continued Crime and Social Process

   1. Differential Reinforcement Theory 230
   2. Neutralization and Drift 234
   3. Social Control and Labelling 237
   4. Howard S. Becker and Labelling Theory 240
   5. Self-Control and Self-Esteem as Related to Crime 245

   Page 1 onwards

   247 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. 247 pages.

   Every chapter in the notes: 53 chapters across 7 modules

   Module 01 18 chapters

   1. 1 What Is a Crime? The Legal Definitions pages 1 to 10
   2. 2 Crime, Criminal Law and Criminology Distinguished pages 11 to 13
   3. 3 Crime, Sin and Morality: Which Wrongs the Law Punishes pages 14 to 20
   4. 4 Definitions of Criminology pages 21 to 25
   5. 5 The Scope, Divisions and Objectives of Criminology pages 26 to 28
   6. 6 Is Criminology a Science? pages 29 to 33
   7. 7 The Schools of Criminology: An Overview pages 34 to 38
   8. 8 The Pre-Classical School: Demons, Sin and Arbitrary Punishment pages 39 to 43
   9. 9 The Classical School: Beccaria pages 44 to 50
   10. 10 The Classical School Criticised, and What Indian Law Kept of It pages 51 to 54
   11. 11 The Neo-Classical School pages 55 to 61
   12. 12 The Positivist Approach: Radical Positivism and Liberal Positivism pages 62 to 65
   13. 13 The Positive School: The Turn to the Offender pages 66 to 68
   14. 14 The Positive School: Lombroso and the Born Criminal pages 69 to 74
   15. 15 The Positive School: Ferri and Garofalo pages 75 to 80
   16. 16 The Positive School Criticised, and Its Legacy pages 81 to 85
   17. 17 Gabriel Tarde and the Laws of Imitation pages 86 to 89
   18. 18 The Sociological School of Criminology pages 90 to 95

   Module 02 10 chapters

   1. 19 Criminal Psychology: Meaning, Purpose and Scope pages 96 to 98
   2. 20 Psychological Factors: Intelligence, Personality and Emotion pages 99 to 101
   3. 21 Psychiatric and Psychoanalytic Explanations pages 102 to 105
   4. 22 Freud's Theory of Criminal Behaviour pages 106 to 112
   5. 23 The Clinical School of Criminology pages 113 to 117
   6. 24 The Behaviourist Approach to Crime pages 118 to 120
   7. 25 The Causes of Criminal Behaviour: How the Question Is Asked pages 121 to 127
   8. 26 Emotional and Psychological Factors pages 128 to 135
   9. 27 Mental Disorder and Criminal Responsibility pages 136 to 139
   10. 28 Human Aggression and Violence, and Crime pages 140 to 142

   Module 03 2 chapters

   1. 29 Measuring Criminal Behaviour: Psychological Tests pages 143 to 145
   2. 30 Criminal Profiling: Definition, Process, Factors, Merits and Demerits pages 146 to 149

   Module 04 11 chapters

   1. 31 Forensic Psychology and the Detection of Deception pages 150 to 153
   2. 32 The Historical Background of Forensic Psychology, Abroad and in India pages 154 to 156
   3. 33 Narco-Analysis pages 157 to 160
   4. 34 The Polygraph pages 161 to 164
   5. 35 Brain Electrical Activation Profile and Brain Mapping pages 165 to 168
   6. 36 Consent, and the Limits on Involuntary Techniques pages 169 to 173
   7. 37 The Constitutional Line Across All Three pages 174 to 177
   8. 38 Psychology and the Police pages 178 to 180
   9. 39 The Application of Psychology in Court pages 181 to 183
   10. 40 The Role of Psycho-Analysts and Social Workers in the Prison pages 184 to 191
   11. 41 Group Counselling and Re-Socialisation Programmes pages 192 to 198

   Module 05 4 chapters

   1. 42 The Chicago School and Social Ecology pages 199 to 202
   2. 43 Social Disorganization pages 203 to 207
   3. 44 Merton: Social Structure and Anomie pages 208 to 212
   4. 45 Anomie: Durkheim and Merton pages 213 to 215

   Module 06 2 chapters

   1. 46 Albert K. Cohen: The Delinquent Subculture pages 216 to 219
   2. 47 Subcultural Explanations pages 220 to 222

   Module 07 6 chapters

   1. 48 Sutherland and the Theory of Differential Association pages 223 to 229
   2. 49 Differential Reinforcement Theory pages 230 to 233
   3. 50 Neutralization and Drift pages 234 to 236
   4. 51 Social Control and Labelling pages 237 to 239
   5. 52 Howard S. Becker and Labelling Theory pages 240 to 244
   6. 53 Self-Control and Self-Esteem as Related to Crime pages 245 to 247

8. Health and Food Law

   Official Notes munotes.in

   Health and Food Law

   SPPU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 5

   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 Third Year

   Health and Food 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.

   Contents

   Module 01 Introduction

   1. The Concept and Importance of Health 1
   2. What the Right to Health Means 4
   3. Public Health in India: Ancient, Medieval and Modern 10
   4. The Health Care Delivery System in India: An Overview 14
   5. Primary Health Care: Sub-centres, Primary Health Centres and Dispensaries 19
   6. The Right to Health in the Covenant 23
   7. The World Health Organization and the Right to Health 30

   Module 02 Health and Constitutional Protections

   1. Article 21 Becomes a Right to Health 34
   2. Emergency Medical Care as a Fundamental Right 39
   3. How Far the Right Reaches: Resources, Policy and the Remedies 44
   4. The Right to a Healthy Environment in India 49
   5. Livelihood and Shelter 60
   6. The MTP Act Before the Courts: Reproductive Autonomy 66
   7. Health in the Directive Principles of State Policy 75

   Module 03 Health and Legal Protection - Relevant Provisions under following Laws

   1. Sex Selection and Female Foeticide: The Problem and the Law's Response 80

   Contents continued

   Module 03 continued Health and Legal Protection - Relevant Provisions under following Laws

   1. Definitions and the Regulation of Genetic Centres, Laboratories and Clinics 85
   2. When Pre-Natal Diagnosis Is Allowed, Consent, and the Ban on Telling the Sex 91
   3. The Supervisory Boards and the Appropriate Authorities 96
   4. Registration, Records and the Ban on Advertisement 101
   5. Offences, Penalties and the Leading Cases 106
   6. The Factories Act 1948: Health, Safety and Welfare, and Its Repeal 113
   7. Women Workers Under the Factories Act 1948, and Its Repeal 117
   8. The Employer's Responsibility for Health, Safety and Working Conditions 125
   9. The Rights of a Person with Mental Illness 130
   10. Mental Health: Capacity and the Advance Directive 138
   11. The Maternity Benefit Act 1961: Its Objects, Its Scheme, and Its Repeal 145
   12. Maternity Benefit Since 21 November 2025: Chapter VI of the Code on Social Security 154
   13. The Infant Milk Substitutes, Feeding Bottles and Infant Foods Act 1992 162
   14. Organ Transplantation: Why India Needed a Law 166
   15. Definitions and Brain-Stem Death 171

   Contents continued

   Module 03 continued Health and Legal Protection - Relevant Provisions under following Laws

   1. Authority to Remove Organs: Living Donors, Deceased Donors, Unclaimed Bodies and Post-mortem Cases 177
   2. Who May Donate to Whom: Near Relatives, Unrelated Donors, Swaps and the Authorisation Committee 183
   3. Hospitals, the Appropriate Authority, the Advisory Committees and the Registry 189
   4. Appeals, Offences and Penalties Under the Transplantation Act 195
   5. Public Nuisance and Offences Affecting Public Health 201

   Module 04 Right to Food and Nutrition in India

   1. The Right to Food, and Why the National Food Security Act Was Made 207
   2. Food and Nutrition in the Directive Principles of State Policy 217
   3. The Right to Food and Nutrition in International Human Rights Law 220

   Module 05 The Food Safety and Standards Act, 2006

   1. The Law against Food Adulteration 224
   2. The Food Safety and Standards Act 2006: Need, Objects and Basic Concepts 229
   3. The Food Safety and Standards Authority of India 233
   4. The General Principles of Food Safety 237

   Contents continued

   Module 05 continued The Food Safety and Standards Act, 2006

   1. General Provisions as to Articles of Food 240
   2. Imports, and the Special Responsibilities as to Food Safety 244
   3. The Enforcement of the Food Safety and Standards Act 248
   4. The Analysis of Food 253
   5. Offences and Penalties under the Food Safety and Standards Act 257
   6. Adjudication, and the Food Safety Appellate Tribunal 262

   Module 06 The National Food Security Act, 2013

   1. The NFSA: The Entitlements of Households, Women and Children 266
   2. The NFSA: Grievance Redressal, Obligations, Transparency and Accountability 278

   Page 1 onwards

   290 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. 290 pages.

   Every chapter in the notes: 50 chapters across 6 modules

   Module 01 7 chapters

   1. 1 The Concept and Importance of Health pages 1 to 3
   2. 2 What the Right to Health Means pages 4 to 9
   3. 3 Public Health in India: Ancient, Medieval and Modern pages 10 to 13
   4. 4 The Health Care Delivery System in India: An Overview pages 14 to 18
   5. 5 Primary Health Care: Sub-centres, Primary Health Centres and Dispensaries pages 19 to 22
   6. 6 The Right to Health in the Covenant pages 23 to 29
   7. 7 The World Health Organization and the Right to Health pages 30 to 33

   Module 02 7 chapters

   1. 8 Article 21 Becomes a Right to Health pages 34 to 38
   2. 9 Emergency Medical Care as a Fundamental Right pages 39 to 43
   3. 10 How Far the Right Reaches: Resources, Policy and the Remedies pages 44 to 48
   4. 11 The Right to a Healthy Environment in India pages 49 to 59
   5. 12 Livelihood and Shelter pages 60 to 65
   6. 13 The MTP Act Before the Courts: Reproductive Autonomy pages 66 to 74
   7. 14 Health in the Directive Principles of State Policy pages 75 to 79

   Module 03 21 chapters

   1. 15 Sex Selection and Female Foeticide: The Problem and the Law's Response pages 80 to 84
   2. 16 Definitions and the Regulation of Genetic Centres, Laboratories and Clinics pages 85 to 90
   3. 17 When Pre-Natal Diagnosis Is Allowed, Consent, and the Ban on Telling the Sex pages 91 to 95
   4. 18 The Supervisory Boards and the Appropriate Authorities pages 96 to 100
   5. 19 Registration, Records and the Ban on Advertisement pages 101 to 105
   6. 20 Offences, Penalties and the Leading Cases pages 106 to 112
   7. 21 The Factories Act 1948: Health, Safety and Welfare, and Its Repeal pages 113 to 116
   8. 22 Women Workers Under the Factories Act 1948, and Its Repeal pages 117 to 124
   9. 23 The Employer's Responsibility for Health, Safety and Working Conditions pages 125 to 129
   10. 24 The Rights of a Person with Mental Illness pages 130 to 137
   11. 25 Mental Health: Capacity and the Advance Directive pages 138 to 144
   12. 26 The Maternity Benefit Act 1961: Its Objects, Its Scheme, and Its Repeal pages 145 to 153
   13. 27 Maternity Benefit Since 21 November 2025: Chapter VI of the Code on Social Security pages 154 to 161
   14. 28 The Infant Milk Substitutes, Feeding Bottles and Infant Foods Act 1992 pages 162 to 165
   15. 29 Organ Transplantation: Why India Needed a Law pages 166 to 170
   16. 30 Definitions and Brain-Stem Death pages 171 to 176
   17. 31 Authority to Remove Organs: Living Donors, Deceased Donors, Unclaimed Bodies and Post-mortem Cases pages 177 to 182
   18. 32 Who May Donate to Whom: Near Relatives, Unrelated Donors, Swaps and the Authorisation Committee pages 183 to 188
   19. 33 Hospitals, the Appropriate Authority, the Advisory Committees and the Registry pages 189 to 194
   20. 34 Appeals, Offences and Penalties Under the Transplantation Act pages 195 to 200
   21. 35 Public Nuisance and Offences Affecting Public Health pages 201 to 206

   Module 04 3 chapters

   1. 36 The Right to Food, and Why the National Food Security Act Was Made pages 207 to 216
   2. 37 Food and Nutrition in the Directive Principles of State Policy pages 217 to 219
   3. 38 The Right to Food and Nutrition in International Human Rights Law pages 220 to 223

   Module 05 10 chapters

   1. 39 The Law against Food Adulteration pages 224 to 228
   2. 40 The Food Safety and Standards Act 2006: Need, Objects and Basic Concepts pages 229 to 232
   3. 41 The Food Safety and Standards Authority of India pages 233 to 236
   4. 42 The General Principles of Food Safety pages 237 to 239
   5. 43 General Provisions as to Articles of Food pages 240 to 243
   6. 44 Imports, and the Special Responsibilities as to Food Safety pages 244 to 247
   7. 45 The Enforcement of the Food Safety and Standards Act pages 248 to 252
   8. 46 The Analysis of Food pages 253 to 256
   9. 47 Offences and Penalties under the Food Safety and Standards Act pages 257 to 261
   10. 48 Adjudication, and the Food Safety Appellate Tribunal pages 262 to 265

   Module 06 2 chapters

   1. 49 The NFSA: The Entitlements of Households, Women and Children pages 266 to 277
   2. 50 The NFSA: Grievance Redressal, Obligations, Transparency and Accountability pages 278 to 290

9. Equity and Trust Law

   Official Notes munotes.in

   Equity and Trust Law

   SPPU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 5

   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 Third Year

   Equity and Trust 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.

   Contents

   Module 01 Introduction to Private Trust

   1. What a Trust Is: Definitions and the Parties 1
   2. Kinds of Trusts 5
   3. Private Trusts and Public Trusts 9
   4. Trust Compared with Debt, Ownership, Bailment, Agency and Contract 12
   5. Trust Compared with Equitable Charge, Mortgage and Administration 17

   Module 02 General Principles

   1. The Trust: The Indian Trusts Act, and the Certainties a Deed Must Satisfy 20
   2. A Complete Trust Deed, Private and Public 26
   3. Appointment of Trustees 36
   4. Vacating the Office of Trustee 40
   5. The Extinction and Revocation of Trusts 43

   Module 03 Regulation of Relationship Between Trustee and Beneficiary

   1. The Duties of Trustees 46
   2. The Liabilities of Trustees for Breach of Trust 50
   3. The Rights and Powers of Trustees 54
   4. The Disabilities of Trustees 59
   5. The Rights and Liabilities of the Beneficiary 63

   Contents continued

   Module 03 continued Regulation of Relationship Between Trustee and Beneficiary

   1. Obligations in the Nature of Trusts: Resulting and Constructive Trusts 68
   2. Fiduciary Relationships: Meaning, Express and Constructive Trusts, and Exceptions 73

   Module 04 Introduction to Public Trust

   1. The Maharashtra Public Trusts Act 1950: Objects, Application and Definitions 77
   2. Establishment: The Charity Commissioner and the Registration Offices 81
   3. Charitable Purposes, and the Validity of Certain Public Trusts (Sections 9 to 13) 84
   4. Public Trusts in Maharashtra: Registration, and the Charity Commissioner 87
   5. Registration of Public Trusts and Change Reports (Sections 18 to 30) 93
   6. Framing of Schemes (Section 50A) 97

   Module 05 Supervision and Control of Public Trusts

   1. Budget, Accounts and Audit (Sections 31A to 34) 100
   2. Powers and Duties of, and Restrictions on, Trustees (Sections 35 to 36B) 103
   3. Control of Public Trusts: The Powers and Functions of the Charity Commissioner 107

   Contents continued

   Module 06 Special Provisions under the Act

   1. Special Provisions for Religious and Charitable Institutions and Endowments 111
   2. The Public Trusts Administration Fund, and Offences and Penalties 114
   3. The Charity Commissioner: Procedure, Jurisdiction and Appeals 117

   Module 07 Development and Maxims of Equity

   1. The Common Law and the Common Law Courts 121
   2. Justice According to Law, and Equity 124
   3. Equity: Its Concept, Definition, Origin and Development 128
   4. The Fusion of Common Law and Equity 131
   5. The Origin of Specific Relief as an Equitable Relief 134
   6. The Recognition of Equity in the Indian Legal System 139
   7. Maxims of Equity (a) to (f) 142
   8. Maxims of Equity (g) to (l) 146

   Page 1 onwards

   149 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. 149 pages.

   Every chapter in the notes: 37 chapters across 7 modules

   Module 01 5 chapters

   1. 1 What a Trust Is: Definitions and the Parties pages 1 to 4
   2. 2 Kinds of Trusts pages 5 to 8
   3. 3 Private Trusts and Public Trusts pages 9 to 11
   4. 4 Trust Compared with Debt, Ownership, Bailment, Agency and Contract pages 12 to 16
   5. 5 Trust Compared with Equitable Charge, Mortgage and Administration pages 17 to 19

   Module 02 5 chapters

   1. 6 The Trust: The Indian Trusts Act, and the Certainties a Deed Must Satisfy pages 20 to 25
   2. 7 A Complete Trust Deed, Private and Public pages 26 to 35
   3. 8 Appointment of Trustees pages 36 to 39
   4. 9 Vacating the Office of Trustee pages 40 to 42
   5. 10 The Extinction and Revocation of Trusts pages 43 to 45

   Module 03 7 chapters

   1. 11 The Duties of Trustees pages 46 to 49
   2. 12 The Liabilities of Trustees for Breach of Trust pages 50 to 53
   3. 13 The Rights and Powers of Trustees pages 54 to 58
   4. 14 The Disabilities of Trustees pages 59 to 62
   5. 15 The Rights and Liabilities of the Beneficiary pages 63 to 67
   6. 16 Obligations in the Nature of Trusts: Resulting and Constructive Trusts pages 68 to 72
   7. 17 Fiduciary Relationships: Meaning, Express and Constructive Trusts, and Exceptions pages 73 to 76

   Module 04 6 chapters

   1. 18 The Maharashtra Public Trusts Act 1950: Objects, Application and Definitions pages 77 to 80
   2. 19 Establishment: The Charity Commissioner and the Registration Offices pages 81 to 83
   3. 20 Charitable Purposes, and the Validity of Certain Public Trusts (Sections 9 to 13) pages 84 to 86
   4. 21 Public Trusts in Maharashtra: Registration, and the Charity Commissioner pages 87 to 92
   5. 22 Registration of Public Trusts and Change Reports (Sections 18 to 30) pages 93 to 96
   6. 23 Framing of Schemes (Section 50A) pages 97 to 99

   Module 05 3 chapters

   1. 24 Budget, Accounts and Audit (Sections 31A to 34) pages 100 to 102
   2. 25 Powers and Duties of, and Restrictions on, Trustees (Sections 35 to 36B) pages 103 to 106
   3. 26 Control of Public Trusts: The Powers and Functions of the Charity Commissioner pages 107 to 110

   Module 06 3 chapters

   1. 27 Special Provisions for Religious and Charitable Institutions and Endowments pages 111 to 113
   2. 28 The Public Trusts Administration Fund, and Offences and Penalties pages 114 to 116
   3. 29 The Charity Commissioner: Procedure, Jurisdiction and Appeals pages 117 to 120

   Module 07 8 chapters

   1. 30 The Common Law and the Common Law Courts pages 121 to 123
   2. 31 Justice According to Law, and Equity pages 124 to 127
   3. 32 Equity: Its Concept, Definition, Origin and Development pages 128 to 130
   4. 33 The Fusion of Common Law and Equity pages 131 to 133
   5. 34 The Origin of Specific Relief as an Equitable Relief pages 134 to 138
   6. 35 The Recognition of Equity in the Indian Legal System pages 139 to 141
   7. 36 Maxims of Equity (a) to (f) pages 142 to 145
   8. 37 Maxims of Equity (g) to (l) pages 146 to 149

10. Agricultural Marketing Law

    Official Notes munotes.in

    Agricultural Marketing Law

    SPPU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 5

    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 Third Year

    Agricultural Marketing 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.

    Contents

    Module 01 Basic Concepts of Agricultural Marketing and Model Act

    1. Agricultural Marketing in India: Methods, Defects and Government Measures 1
    2. The Concept of a Market, and the Classification and Types of Agricultural Markets 5
    3. The Model Act on State Agricultural Produce Marketing: Background, Objects and Salient Features 9

    Module 02 The Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963

    1. The Maharashtra APMC Act 1963: Objects, Application and Definitions 13
    2. The National Integrated Produce Market and Electronic Trading 18
    3. Direct Marketing, Private Markets and Farmer-Consumer Markets 22
    4. The Contract Farming Agreement 26
    5. The Regulation of Marketing of Agricultural Produce, and Licences 30
    6. The Constitution of Market Committees 34
    7. The Powers and Duties of a Market Committee 38
    8. Cost of Supervision, Officers and Servants, and the Market Fund 42
    9. Trade Allowances Prohibited, and the State Agricultural Marketing Board 46
    10. Control of Market Committees, and Penalties 50

    Contents continued

    Module 03 Legislation on Warehousing, Food Product Export, Grading and Marketing - Introduction, Objects and Reasons and Salient Features of the Laws

    1. The Warehousing Corporations Act 1962 55
    2. The Agricultural and Processed Food Products Export Development Authority Act 1985 59
    3. The Agricultural Produce (Grading and Marking) Act 1937 63

    Module 04 The Protection of Plant Varieties and Farmers Rights Act, 2001

    1. The Protection of Plant Varieties and Farmers’ Rights Act 2001 68
    2. The Protection of Plant Varieties and Farmers' Rights Authority and Its Functions 73
    3. Registering a Plant Variety: Who May Apply, the DUS Tests, Opposition and the Certificate 76
    4. Section 26 and the Gene Fund 80
    5. Surrender and Revocation of the Certificate, and Rectification and Correction of the Register 85
    6. Section 39: Farmers’ Rights 89
    7. Compensation to Communities and the Compulsory Licence 94
    8. Infringement of Plant Variety Rights, and the Relief 98
    9. Appeals under the Plant Varieties Act: the Appellate Tribunal 101

    Module 05 Relevant Provisions under the National Food Securities Act, 2013

    1. The NFSA: The Entitlements of Households, Women and Children 104

    Contents continued

    Module 05 continued Relevant Provisions under the National Food Securities Act, 2013

    1. The NFSA: Grievance Redressal, Obligations, Transparency and Accountability 116

    Module 06 Agricultural Insurance in India: an Overview

    1. Indian Agriculture, the Farming Community, and Farmers' Risks 129
    2. Crop Insurance in India: The Pradhan Mantri Fasal Bima Yojana 133
    3. Crop Insurance Underwriting 140
    4. Crop Insurance Claims 147
    5. The Problems Associated with Crop Insurance 155
    6. The Unified Package Insurance Scheme, and the Earlier Crop Insurance Schemes: CCIS, ECI, FIIS and NAIS 161

    Page 1 onwards

    165 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. 165 pages.

    Every chapter in the notes: 33 chapters across 6 modules

    Module 01 3 chapters

    1. 1 Agricultural Marketing in India: Methods, Defects and Government Measures pages 1 to 4
    2. 2 The Concept of a Market, and the Classification and Types of Agricultural Markets pages 5 to 8
    3. 3 The Model Act on State Agricultural Produce Marketing: Background, Objects and Salient Features pages 9 to 12

    Module 02 10 chapters

    1. 4 The Maharashtra APMC Act 1963: Objects, Application and Definitions pages 13 to 17
    2. 5 The National Integrated Produce Market and Electronic Trading pages 18 to 21
    3. 6 Direct Marketing, Private Markets and Farmer-Consumer Markets pages 22 to 25
    4. 7 The Contract Farming Agreement pages 26 to 29
    5. 8 The Regulation of Marketing of Agricultural Produce, and Licences pages 30 to 33
    6. 9 The Constitution of Market Committees pages 34 to 37
    7. 10 The Powers and Duties of a Market Committee pages 38 to 41
    8. 11 Cost of Supervision, Officers and Servants, and the Market Fund pages 42 to 45
    9. 12 Trade Allowances Prohibited, and the State Agricultural Marketing Board pages 46 to 49
    10. 13 Control of Market Committees, and Penalties pages 50 to 54

    Module 03 3 chapters

    1. 14 The Warehousing Corporations Act 1962 pages 55 to 58
    2. 15 The Agricultural and Processed Food Products Export Development Authority Act 1985 pages 59 to 62
    3. 16 The Agricultural Produce (Grading and Marking) Act 1937 pages 63 to 67

    Module 04 9 chapters

    1. 17 The Protection of Plant Varieties and Farmers’ Rights Act 2001 pages 68 to 72
    2. 18 The Protection of Plant Varieties and Farmers' Rights Authority and Its Functions pages 73 to 75
    3. 19 Registering a Plant Variety: Who May Apply, the DUS Tests, Opposition and the Certificate pages 76 to 79
    4. 20 Section 26 and the Gene Fund pages 80 to 84
    5. 21 Surrender and Revocation of the Certificate, and Rectification and Correction of the Register pages 85 to 88
    6. 22 Section 39: Farmers’ Rights pages 89 to 93
    7. 23 Compensation to Communities and the Compulsory Licence pages 94 to 97
    8. 24 Infringement of Plant Variety Rights, and the Relief pages 98 to 100
    9. 25 Appeals under the Plant Varieties Act: the Appellate Tribunal pages 101 to 103

    Module 05 2 chapters

    1. 26 The NFSA: The Entitlements of Households, Women and Children pages 104 to 115
    2. 27 The NFSA: Grievance Redressal, Obligations, Transparency and Accountability pages 116 to 128

    Module 06 6 chapters

    1. 28 Indian Agriculture, the Farming Community, and Farmers' Risks pages 129 to 132
    2. 29 Crop Insurance in India: The Pradhan Mantri Fasal Bima Yojana pages 133 to 139
    3. 30 Crop Insurance Underwriting pages 140 to 146
    4. 31 Crop Insurance Claims pages 147 to 154
    5. 32 The Problems Associated with Crop Insurance pages 155 to 160
    6. 33 The Unified Package Insurance Scheme, and the Earlier Crop Insurance Schemes: CCIS, ECI, FIIS and NAIS pages 161 to 165