Unit 2 of Drafting, Pleading and Conveyancing – III (syllabus: Module II — criminal complaints, complaints for dishonour of cheques, miscellaneous applications, bail, anticipatory bail and transit bail, memoranda of appeal and revision, and petitions invoking the High Court’s inherent powers). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What is a complaint, and what must a Magistrate do before taking cognizance on one?
- Which miscellaneous applications are made during a criminal trial, and under which provisions?
- What is the time-line a complaint under section 138 of the Negotiable Instruments Act must plead?
- When may the High Court be moved under section 528 of the Sanhita, and what must the petition show?
- What is the difference between bail in a bailable and in a non-bailable offence, and which court is approached?
- How does anticipatory bail differ from ordinary bail, and what must the application contain?
- When does a criminal appeal lie to the Court of Session, and when is revision the right remedy?
- What is transit bail, and on what provisions is the application drafted?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Bharatiya Nagarik Suraksha Sanhita, 2023, s. ss. 2(1)(h), 223, 224, 225, 226 and 227
- Bharatiya Nagarik Suraksha Sanhita, 2023, s. ss. 72(2), 228, 348, 497 and 498
- Negotiable Instruments Act, 1881, s. ss. 138 to 148
- Bharatiya Nagarik Suraksha Sanhita, 2023, s. s. 528
- Bharatiya Nagarik Suraksha Sanhita, 2023, s. ss. 2(1)(b), 187(3), 478, 479, 480, 481 and 483
- Bharatiya Nagarik Suraksha Sanhita, 2023, s. s. 482
- Bharatiya Nagarik Suraksha Sanhita, 2023, s. ss. 413, 415, 416, 417, 423, 424, 425, 430, 438, 439, 440 and 442
- Bharatiya Nagarik Suraksha Sanhita, 2023, s. ss. 58, 80(2), 82, 83, 187 and 482