Law of Torts, Civil Procedure and Criminal Procedure in Outline — Practice

Question 1

What are the four elements a claimant must prove to succeed in a negligence claim?

Accepted Answer

Duty of care, breach of that duty, damage, and causation connecting the breach to the damage.

Question 2

Which code currently governs criminal procedure in India, replacing the CrPC from 1 July 2024?

Accepted Answer

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Question 3

Under the CPC, within how many days must a written statement ordinarily be filed, and to what maximum can this be extended?

Accepted Answer

Ordinarily within 30 days, extendable up to a maximum of 90 days under the 2002 amendment.

Question 4

State the four defences available under Rylands v. Fletcher's strict liability doctrine.

Accepted Answer

Act of God, the claimant's own default, statutory authority, and the claimant's consent.

Question 5

Distinguish a review under Section 114 from a revision under Section 115 of the CPC.

Accepted Answer

A review is heard by the same court that passed the order, available for an error apparent on the face of the record or newly discovered evidence. A revision is the High Court's supervisory jurisdiction over subordinate courts, available only for jurisdictional errors and only where no appeal lies against the order.

Question 6

What is the current BNSS section number for arrest, and what did it change from the old CrPC provision?

Accepted Answer

BNSS Section 35 (was CrPC Section 41) — it tightens the justification required for a routine arrest in offences punishable with less than 7 years' imprisonment.

Question 7

Explain the new preliminary-inquiry provision introduced by BNSS Section 173(3), including which offences it applies to and its time limit.

Accepted Answer

BNSS Section 173(3) allows the police to conduct a preliminary inquiry, within a 14-day window, before registering an FIR for a cognizable offence punishable with imprisonment of 3 to 7 years — a formal screening step for this specific offence band that had no direct equivalent under the old CrPC.

Question 8

A cognizable offence occurs on 20 June 2024, and a related civil defamation claim is filed in 2026. Which criminal code governs the 2024 offence, and does the civil defamation claim's procedure depend on that code at all?

Accepted Answer

The 2024 offence, occurring before 1 July 2024, continues to be governed by the old CrPC under the BNSS transitional rule. The civil defamation claim is a separate civil-law matter proceeding under the CPC, not the criminal code, though the underlying facts may also support a separate criminal defamation complaint under the applicable criminal code for that date.

Practice — Law of Torts, Civil Procedure and Criminal Procedure in Outline

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