CS June 25 Exam CS Executive Supplements (New Syllabus 2022): JIGL

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The supplement for the Executive Programme (New Syllabus 2022) related to Jurisprudence, Interpretation, and General Laws (JIGL) for the June 2025 examination. Here's a summary:

Key Features of the Document:

  1. Content Overview:

    • It covers lessons on the Constitution of India, statute interpretation, civil and criminal procedures, evidence law, arbitration, information technology, contract law, and negotiable instruments.
    • Highlights the replacement of traditional criminal laws (IPC, CrPC, and Evidence Act) with the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023.

  2. Major Legal Updates:

    • Incorporates modernized definitions and provisions for crimes like cyber offences and organized crime.
    • Introduces community service as a punishment and simplifies procedures for faster judicial processes.

  3. Case Summaries:

    • Includes landmark cases with key takeaways for a better understanding of jurisprudence and statutory interpretation.

  4. Practical Aspects:

    • Detailed procedures for bail, compounding of offences, and appeals.
    • Differentiation between types of punishments (e.g., death penalty, community service, fines).

  5. Guidelines for Company Secretaries:

    • Explains the implications of new laws on corporate governance, directors, and secretarial practices.
  • CS June 2025: Handwritten Notes, Scanner, Case Studies, Chartbook and many more - Click here

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The outlines key areas of focus for the June 2025 Executive Programme (New Syllabus 2022) for Jurisprudence, Interpretation, and General Laws (JIGL). Here's a breakdown of focus points:

1. Constitution of India (Lesson 2)

  • Important Case Laws:
    • Satender Kumar Antil vs. CBI (2022): Emphasis on bail is the rule and jail is the exception (Article 21).
    • CBI vs. R. R. Kishore (2023): Retrospective application of unconstitutional laws.
    • PHR Invent Educational Society vs. UCO Bank (2024): Guidelines on Article 226 writ petitions and exceptions for alternative remedies.
  • Focus Areas:
    • Fundamental Rights (Article 21, Article 226).
    • Separation of powers in judicial processes.

2. Interpretation of Statutes (Lesson 3)

  • Key Concepts:
    • Literal vs. purposive interpretation.
    • Case law: Aakavi Spinning Mills clarifies exemption entries without ambiguity.
  • Focus Areas:
    • Tools for statutory interpretation.
    • Application of general clauses.

3. Civil Procedure (Lesson 6)

  • Key Updates:
    • Speedy Trial Guidelines (Yashpal Jain vs. Sushila Devi, 2023):
      • Mandatory timeframes for filing pleadings.
      • Encouraging ADR mechanisms (e.g., mediation).
      • Importance of day-to-day trials.
  • Focus Areas:
    • Summons, written statements, and trial procedures.
    • Importance of Order V, Order VIII, and Order XVII.

4. Criminal Laws (Lesson 7)

  • New Laws to Study:
    • Bharatiya Nyaya Sanhita (BNS) 2023: Replacing IPC.
    • Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023: Replacing CrPC.
    • Bharatiya Sakshya Adhiniyam (BSA) 2023: Replacing Evidence Act.
  • Focus Areas:
    • Fundamental elements of crime: Mens rea, actus reus.
    • Jurisdictional aspects (intra-territorial vs. extra-territorial).
    • Types of punishments (e.g., community service, death penalty).
    • Procedural aspects like bail, arrest, and trial stages.

5. Law of Evidence (Lesson 8)

  • Updates in Evidence Law:
    • Digital evidence and admissibility.
    • New presumptions under the BSA 2023.
  • Focus Areas:
    • The burden of proof and presumption of innocence.
    • Documentary and oral evidence.

6. Arbitration, Mediation, and Conciliation (Lesson 11)

  • Focus Areas:
    • ADR mechanisms and their importance.
    • Amendments in arbitration laws for efficiency.

7. Right to Information and IT Laws (Lessons 14 & 15)

  • Focus Areas:
    • RTI exemptions and their scope.
    • Cybersecurity provisions under IT laws.
    • Emerging issues in data privacy.

8. Law of Contracts (Lesson 16)

  • Focus Areas:
    • Essentials of a valid contract.
    • Breach of contract and remedies.

9. Negotiable Instruments Act (Lesson 18)

  • Focus Areas:
    • Provisions on dishonour of cheques (Section 138).
    • Amendments for faster resolution of cases.

10. General Tips:

  • Prioritize recent changes, especially BNS, BNSS, and BSA 2023.
  • Focus on landmark cases and their implications.
  • Time management: Cover procedural and substantive laws evenly. 
  • Main PDF from ICSI

Here are some questions and answers that can be found in the supplement for the Executive Programme (New Syllabus 2022) related to Jurisprudence, Interpretation, and General Laws (JIGL) for the June 2025 examination.

Explain the concept of "Bail as a Rule and Jail as an Exception" concerning Satender Kumar Antil vs. CBI (2022).

Answer:
The principle "bail as a rule and jail as an exception" is rooted in Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. This principle has been reiterated in several judgments, including Satender Kumar Antil vs. CBI (2022), where the Supreme Court aimed to address delays in granting bail due to procedural misinterpretations.

Key Highlights:

  • The Court emphasized that custodial detention should not be used as a punitive measure before a conviction.
  • Bail decisions must balance the accused's liberty and the need to ensure their presence during the trial.
  • The Court categorized offences into four types for granting bail:
    1. Minor offences where bail should be granted promptly.
    2. Serious offences where judicial discretion is applied.
    3. Special offences like economic crimes.
    4. Heinous crimes require stricter scrutiny.

Directions Issued:

  1. Introduction of a Bail Act to streamline bail procedures.
  2. Compliance with Sections 41 and 41A of CrPC for arrests and notices.
  3. Courts must ensure adherence to procedural safeguards and expedite bail applications within two weeks.

The ruling reinforced the need for a more compassionate and rights-based approach to bail, focusing on individual liberty.

Describe the transformation of Indian Criminal Laws under the Bharatiya Nyaya Sanhita (BNS) 2023.

Answer:
The Bharatiya Nyaya Sanhita (BNS) 2023 marks a significant reform in Indian criminal jurisprudence, replacing the colonial-era Indian Penal Code (IPC), 1860. Enforced from July 1, 2024, it aligns criminal law with contemporary societal and technological needs.

Key Features:

  1. Modernized Definitions and Offenses:

    • Introduced provisions for cybercrimes, mob lynching, and organized crime.
    • Sedition law was redefined to balance freedom of expression and national security.

  2. Emphasis on Community Service:

    • Minor offences now have options for community service to reduce incarceration.
    • Examples: petty thefts under ₹5,000 or public nuisance.

  3. Victim-Centric Approach:

    • Enhanced focus on victim compensation and restitution.
    • Simplified procedures for filing complaints and seeking remedies.

  4. Technological Integration:

    • Digital evidence mechanisms strengthened to address cybercrime.
    • Provisions for e-trials to expedite case resolution.

Jurisdictional Changes:

  • Extra-territorial Jurisdiction: BNS applies to Indian citizens committing offences abroad and crimes targeting Indian computer systems.

The BNS is a progressive step toward a fair, accessible, and efficient criminal justice system.

Describe the transformation brought by Bharatiya Nyaya Sanhita (BNS) 2023 in India's criminal justice system.

Answer: The Bharatiya Nyaya Sanhita (BNS) 2023, effective from July 1, 2024, replaces the colonial-era Indian Penal Code, 1860, bringing significant changes to modernize India's criminal justice system.

Key Features of BNS 2023:

  1. Modern Definitions:
    • Includes offences like cybercrime, mob lynching, and organized crime to address contemporary issues.
  2. New Punishments:
    • Introduces community service for minor offences, focusing on restorative justice.
    • Retains the death penalty for grave crimes like terrorism and mob lynching resulting in death.
  3. Streamlining Provisions:
    • Eliminates outdated laws and aligns with societal and technological advancements.
  4. Jurisdictional Scope:
    • Intra-territorial jurisdiction for crimes committed within India.
    • Extra-territorial jurisdiction for offences targeting Indian computer systems or committed by Indian nationals abroad.

The BNS reflects India's commitment to justice, human rights, and efficiency, aligning criminal laws with current social and technological realities.

Discuss the 12 directions issued by the Supreme Court in Yashpal Jain vs. Sushila Devi (2023) for ensuring speedy trials in civil cases.

Answer: The Supreme Court in Yashpal Jain vs. Sushila Devi (2023) issued 12 directions to address delays in civil trials, ensuring justice delivery is efficient and timely.

Key Directions:

  1. Proper Summons Execution:
    • Courts must ensure the timely execution of summons under Order V Rule 2 of the CPC.
  2. Strict Filing Deadlines:
    • Written statements should be filed within 30 days as per Order VIII Rule 1.
  3. Encouraging ADR:
    • Parties should be encouraged to opt for Alternative Dispute Resolution (ADR) methods under Section 89 CPC.
  4. Framing Issues:
    • Issues must be framed within one week of the pleadings' completion.
  5. Day-to-Day Trials:
    • Trials should proceed without unnecessary adjournments.
  6. Limiting Overcrowding:
    • Judges should schedule trials to avoid excessive cases on a single day.
  7. Mandatory Costs for Delays:
    • Costs should be imposed for unwarranted adjournments to deter procrastination.
  8. Streamlined Arguments:
    • Oral arguments should be concluded promptly, and judgments delivered within the prescribed timeframe.
  9. Monitoring Delayed Cases:
    • Principal District Judges must monitor cases pending for more than five years.
  10. Statistical Reporting:
    • Data on delayed cases must be submitted to High Court committees for review.
  11. Bar Associations’ Role:
    • Encourage training on procedural efficiency through refresher courses.
  12. Continuous Monitoring:
    • High Court committees must oversee implementation and suggest corrective measures.

These measures aim to uphold public trust in judicial processes by ensuring timely resolution.

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Explain the stages of crime—intention, preparation, attempt, and accomplishment—with examples.

Answer: The commission of a crime involves four key stages: intention, preparation, attempt, and accomplishment.

  1. Criminal Intention:

    • The conscious decision to commit a wrongful act.
    • Example: A plans to rob a bank. This stage is not punishable under the law as mere thoughts cannot be proven.

  2. Preparation:

    • Arranging tools or plans for executing the crime.
    • Example: Buying weapons or preparing a getaway vehicle for a robbery.
    • Generally not punishable, except in cases like waging war against the state (BNS Section 190).

  3. Attempt:

    • Direct actions are taken to commit the crime after preparation.
    • Example: Breaking into a bank but failing to access the vault.
    • Attempt is punishable as it demonstrates intent and action toward committing the crime.

  4. Accomplishment:

    • The successful execution of the criminal act.
    • Example: Successfully robbing a bank.
    • The offender is punished for the completed offence under relevant laws.

The Bharatiya Nyaya Sanhita 2023 categorizes and punishes each stage, ensuring accountability at every step.

Analyze the changes introduced in evidence law under Bharatiya Sakshya Adhiniyam (BSA) 2023 and its impact on digital evidence.

Answer: The Bharatiya Sakshya Adhiniyam (BSA) 2023 replaces the Indian Evidence Act, of 1872, incorporating modern provisions to address emerging legal challenges.

Key Changes:

  1. Digital Evidence:
    • Expands the admissibility of electronic records, ensuring they are treated on par with traditional evidence.
    • Emphasizes authenticity through secure digital verification.
  2. Presumptions:
    • Introduces presumptions for certified electronic evidence, reducing the burden on parties to prove genuineness.
  3. Technological Integration:
    • Facilitates the use of AI and forensic tools for evidence evaluation.

Impact:

  • Enhances reliability and efficiency in handling digital cases, including cybercrime.
  • Reduces procedural delays by streamlining admissibility protocols.
  • Strengthens India's legal framework to align with global standards on digital forensics.

Explain the jurisdictional scope of the Bharatiya Nyaya Sanhita (BNS) 2023 concerning intra-territorial and extra-territorial jurisdiction.

Answer: The Bharatiya Nyaya Sanhita (BNS) 2023 outlines the jurisdiction of Indian criminal courts in its provisions, ensuring accountability for crimes committed both within and outside India.

1. Intra-Territorial Jurisdiction:

  • This applies to crimes committed within the territory of India as defined under Article 1 of the Constitution.
  • The law ensures no discrimination based on nationality; any individual committing a crime within India is subject to Indian law.

2. Extra-Territorial Jurisdiction:

  • Section 1(5) of BNS extends jurisdiction to:
    • Indian citizens committing crimes outside India.
    • Crimes committed on Indian ships or aircraft, regardless of their location.
    • Offences targeting computer resources located in India, even if the perpetrator is outside the country.
  • Example: If an Indian citizen commits murder abroad, they can be tried under Indian law upon their return.

3. Principles Upheld:

  • The emphasis on "any person" ensures equal application of the law.
  • Extra-territorial jurisdiction aligns with global trends in addressing cross-border cybercrime and international offences.

The BNS 2023 reflects India's intent to strengthen its reach in addressing offences impacting its citizens or interests, domestically and globally.

Discuss the types of punishments introduced under the Bharatiya Nyaya Sanhita (BNS) 2023 and the inclusion of community service.

Answer: The Bharatiya Nyaya Sanhita (BNS) 2023 modernizes the penal system by introducing a range of punishments suited to contemporary social needs.

1. Types of Punishments:

  • Death Penalty:
    • Retained for heinous crimes like terrorism, mob lynching, and organized crime resulting in death.
  • Imprisonment:
    • Life imprisonment for grave offences.
    • Rigorous or simple imprisonment depending on the crime.
  • Forfeiture of Property:
    • Property can be confiscated for crimes like fraud or economic offences.
  • Fines:
    • Monetary penalties are imposed for various offences.

2. Introduction of Community Service:

  • A rehabilitative punishment for minor offences.
  • Examples of applicable offences:
    • Public misconduct by drunken individuals (Section 355).
    • Defamation (Section 356).
    • Petty theft involving property under ₹5,000 (Section 303).
  • Objective:
    • Promote restorative justice.
    • Reduce prison overcrowding and help offenders contribute positively to society.

This shift from punitive to restorative justice represents a progressive approach to criminal law.

Analyze the concept of "cause of action" under civil law and its importance in legal proceedings.

Answer: The term cause of action refers to the facts or circumstances that give rise to a legal right to file a suit. Under Order 2, Rule 2 of the Civil Procedure Code (CPC), it is essential for the plaintiff to disclose all facts that constitute the cause of action.

Key Elements:

  1. Definition:

    • "Cause of action" is a bundle of essential facts that the plaintiff must prove to succeed in the case.
    • It includes both the right violated and the facts supporting it.

  2. Importance in Legal Proceedings:

    • Jurisdiction: Determines the court where the suit can be filed (Section 20 of CPC).
    • Framing Issues: Helps the court identify the matters in dispute.
    • Avoiding Multiplicity of Suits: Ensures all claims arising from the same cause are included.

Examples:

  • In South East Asia Shipping vs. Nav Bharat Enterprises, the Supreme Court ruled that the cause of action includes the facts leading to the dispute and the plaintiff’s right to seek legal redress.

The cause of action is foundational for initiating legal proceedings and framing the scope of the trial.

Discuss the fundamental elements of crime concerning mens rea and actus reus.

Answer: The basic function of criminal law is to identify and punish wrongful conduct. The fundamental elements of crime are:

1. Human Being:

  • The act must be committed by a person under legal obligation.

2. Mens Rea:

  • This translates to "guilty mind," referring to the intention or knowledge of wrongdoing.
  • Types of Mens Rea:
    • Intention: Purposefully committing an act, e.g., poisoning someone to cause harm.
    • Negligence: Failing to exercise reasonable care, e.g., reckless driving leading to death.
    • Recklessness: Disregarding potential consequences, e.g., firing a gun in a crowded area.
  • Exceptions to Mens Rea:
    • Statutory Imposition: Strict liability offences like public health violations.
    • Ignorance of Law: Not a valid defence (Ignorantia juris non excusat).

3. Actus Reus:

  • The external act or omission that constitutes a crime.
  • Includes overt actions like theft or omissions like failing to report an accident.

Together, mens rea and actus reus form the crux of criminal liability.

Explain the provisions for the dishonour of cheques under Section 138 of the Negotiable Instruments Act, of 1881.

Answer: Section 138 of the Negotiable Instruments Act, of 1881, addresses the dishonour of cheques due to insufficient funds or other reasons, treating it as acriminal offence.

Key Provisions:

  1. Conditions for Offense:

    • The cheque must be drawn on an account maintained by the drawer.
    • The cheque is returned unpaid due to insufficient funds or exceeds the arrangement.
    • The payee must issue a written notice within 30 days of dishonour, demanding payment.

  2. Penalty:

    • Imprisonment up to 2 years a fine up to twice the amount of the cheque, or both.

  3. Defences:

    • The drawer can show that the cheque was issued without consideration or as a security.

Amendments:

  • Recent changes enable interim compensation to the payee during the trial and faster resolution mechanisms.

Section 138 aims to enhance trust in commercial transactions by penalizing non-compliance effectively. 

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