State Judicial Examination, popularly known as PCS(J), or Judiciary Exam, consists of three stages. They are Preliminary, Mains, and Interview. One needs to clear all these stages to become a judicial officer.

Preliminary is the qualifying stage. After that, based on the assessment in the Mains exam, students are selected for the interview. In most cases, it is the Mains exam that decides whether a student is capable of making it through or not.

There are several tips and techniques to write the perfect answer in the Judiciary Mains exam. An on-point answer makes our paper stand out and impressive. Let us look at twelve effective ways to write the best possible answer in the Mains exams.

1. Make sure you understand the question

The first thing that we see in the paper is the arrangement of questions as per the allocation of marks. Before flipping on any other item, you must understand what the question is asking.

For example, if the question is why the evidence of an accomplice is not trustworthy? Then, you should not write what evidence is and who an accomplice is. This will lengthen your answer, and you won’t be able to write the main content asked in the question.

Sure, if it is a detailed, long answer question, then go for it. But if the question carries fewer marks, stick to the point. Do not write stories. This is not your college or university exam. Here, the more precise and on-point you are, the better are the chances for scoring well.

2. Stick to the word limit

The word limit is mentioned for every question or set of questions. It is there for a reason. So, keep the answer within the word limit. Examiners value and appreciate the answers written within the prescribed limit.

The team that sets these high-level papers roughly knows in how many words the answer to a particular problem can be described masterfully. So, value the limit set by them. If you exceed the word limit, it may backfire.

What is the use of holding your nose by bending your hand around your neck when you could have simply held it from the front?

3. Keep your answers simple

Try to write your answer in the most straightforward form. Your motto should be to convey your ideas in a way that a wide range of people can understand. Inserting big and tough words does not necessarily make your answer attractive.

However, in the Judiciary Exam, do not restrict yourself from using legal maxims and phrases to support your answer. These words make the writing presentation quite impressive.

4. Write short sentences

Your primary motive should be to make yourself heard. The best way to clearly express yourself is to write short sentences. They are easy to read, understand, and convey the impression of friendliness. You may also choose to write in points. Like (1), (2), (3), and so on.

When you prepare for PCSJ exams, practice writing small sentences in your notebook. If you write a lengthy sentence, practice the art of breaking it into two or three separate smaller pieces. This will gradually become your habit.

Note: When you are writing the exact law, then do not break it. In that case, you have to write the long sentence or, however, the section name is (which may be devoid of regular grammar and norms; law sentences are quite lengthy).

5. Break the answer into paragraphs

A long paragraph is arduous to read. Short paragraphs, on the other hand, are easy to consume. Also, dividing your long answer makes the presentation better.

Now, you may ask, what is the ideal paragraph size? Well, it varies. However, the acceptable limit ranges from three to five sentences. These small chunks of precise writing in short sentences are valuable for all written exams or projects you undertake in the future.

6. Make ample use of legal terms

While writing, try to make the answers precise by using legal terms and words. For example, suppose you are trying to say that the marriage is void and parties have no legal obligations attached to it. This sentence is perfect, and it makes sense, as well. But since you are writing a law exam, try to use legal terms. Here, you can simply write that the marriage is annulled. It sounds short and on point and exhibits that you have read multiple law content. The examiner will be impressed.

7. Mention important case laws

Adding case laws to the answer makes it more authentic and convincing. The latest case laws work as a punch mark to the written law that you write in the answer.

Even if you don’t remember the name or citation of a case, you can only write the verdict. The examiner is not very interested in knowing the name or story behind a case. Instead, he wants you to mention the verdict or the judgment delivered by the apex court. Make sure you write this appropriately and suitably.

8. Follow proper judgement writing format

When you are attempting to write a judgement in your answer, remember the format or the sequence. It is simple, and you can find these in various law books. The main thing in writing judgement is inferencing the correct law and its application to the given facts.

9. Avoid using many abbreviations

You are sitting in the hall, hoping to become a member of the judicial services. Show this in the paper as well. Filling your subjective answers with abbreviations makes it less formal.

You are not using a small smartphone display or exchanging fun conversations with your mates. Rigorous hard work of multiple years should reflect in your words. Do not ruin it with a quick abbreviation.

When a person reads a paragraph, he wishes to continue a flow while reading all the sentences. A short form or punctured word breaks this flow. Make the paper checker comfortable with your answers. Always remember you are an upcoming judge. Your words should reflect your mindset and philosophy.

10. Have a synopsis in mind

Before putting the pen on the sheet, make sure to have an outline in mind. Ensure that you have a clear picture of the layout of your answer. Do not think that ‘I will improvise as I proceed.’ Have a clear picture from the beginning. It prevents mistakes and makes your answer more systematic and chronological.

11. Set an estimated time limit for a question

You know your writing speed and the duration in which you can put thought from mind to paper. So, how much time to give to a question or set of questions (short or long) entirely depends on you.

When writing an answer, try to complete it within your set time frame. If you stretch one or two questions and exceed the time limit, you will unnecessarily start to panic and lose control. So avoid that. The above tips, like sticking to the word count and having a summary before writing, will significantly help in adhering to the time limit.

Always remember that one or two questions with good, long answers are not an excuse to miss even a single question!

For example, suppose there are two long answers, and 40 minutes remain. You utilise 32 minutes to write an excellent answer to one question and have only 8 minutes for the second one. Don’t do that.

In 20 minutes, you can write an answer that will award you 7 out of 10 marks. If you utilise 32 minutes, most likely, you will get 8.5 out of 10 for that.

Just think that, for 1.5 additional marks, is it okay to sacrifice the other question where you could have easily scored a minimum of 5 or 6 marks had you given it the appropriate share of the remaining time?

12. Allot the last 15 minutes for revision

This is a very crucial time. Within fifteen minutes, you have to go through the whole paper, which took you multiple hours to write! But it is essential.

In these fifteen minutes, check if you have missed a word, an essential note, punctuation, a short example, or a case name. You may also use this time to underline the crucial points of an answer. This time is also suitable to check your credentials once more and ensure that everything is correct.

Success in Judiciary Mains exam!

Keeping these techniques in mind, you can attempt the Mains examination efficiently and flawlessly. A systematic approach can make any horse win the race. Pick your weak points and work on them.

Appropriately utilise the time now. Back it up with a proper routine and proper management. Once you discipline yourself, no goal is too big.

Finally, a law student preparing for the Judicial Services Exam comes across multiple opinions on how to study law and other instructions. Make it a point never to get carried away with every advice you get. Listen to every piece of information, but before acclimatizing it, analyse it yourself. A person better knows about themself than any other.

The race is not easy, but not very difficult either. A systematic approach can make it work.

All the best.

12 answer writing tips for Judiciary
WritingLaw

New students who have just completed class 12th and are remotely interested in the legal field often ask – What are the job options in law? Many graduate students also get worried or confused and wonder what career options are available after completing law or what to do after law.

First of all, today’s situation is not like the way it used to be twenty years ago. Earlier, there was a notion that if you chose the science stream, then the only way out was to be a doctor or an engineer. If you opt for law and become a graduate, then the only options are litigation and judicial services.

In the present time, the law fraternity has a vast area to explore and excel. You can practice as an advocate, prepare for competitive judicial services, become a legal advisor, enter government services, become a professor, and more.

So, if you are confused and wonder what I can do after LL.B, B.A.LL.B, B.B.A.LL.B, etc., then here are ten career options to choose from after law.

1. Go into litigation

The permanent and always welcoming job for law graduates is litigation. If you have a law degree, you can practice law at any age in life. It’s jokingly said that if you can’t do anything, you can take up law.

But litigation is a rose that needs water on time. A little delay makes it wither away.

Litigation requires a comprehensive approach. It’s an art that examines your calibre to convince the bench.

Excelling in advocacy is a challenging platform for every practicing lawyer. You need to be updated and well-versed with statutes, and then only you can perform well.

2. Become a legal adviser

Every company, whether big or small, runs on good advice. Many companies that have day-to-day dealings with others need legal advisers who can advise them on the point of law.

Companies get into contracts, deals, and mergers. As I said earlier, there is no field in this world where the law has not got its wing. Even companies, big institutions, or agencies hire legal advisers to prevent themselves from getting into any trouble.

Everyone wants to work within the ambit of the law. The agreements, contracts, and memoranda in a company are made under the guidance of legal advisers. You can become a legal adviser based on your skills and capabilities.

3. Practice as a legal assistant

In the early phase of your law career, becoming a legal assistant to advocates or firms is a good option. You get to learn so many new and exciting things as a legal assistant.

Your commitment is to assist senior lawyers or firms in their work. You learn about drafting and pleading and how it is done. Drafting a case is itself an art, as it is the document that exhibits your potential in court without speaking a word. Your drafting describes your work.

Legal assistants generally help prepare documents for a case like a plaint, applications, motions, and so on. They are called the right hand of a lawyer.

4. Become a law professor or teacher

After completing law, it’s not necessary to go into litigation or any corporate sector. You can opt for teaching and become a professor at a college or institute. It is a noble profession.

Without teachers, we can’t imagine the growth in the field of law. It is because of teachers that so many institutes are running and producing thousands of lawyers every year.

You must have an LL.M (Master of Laws) degree to teach law. If you have completed LL.M, you can teach at a good institute and earn a good salary.

Technically, for teaching in colleges and universities, a UGC-NET qualification is usually required to become an Assistant Professor. LL.M alone may allow teaching in coaching institutes or private institutions, but not always in UGC-regulated universities.

5. Join government services

If you are a law graduate or have done B.A.LL.B or B.B.A.LL.B, then your professional degree is considered your graduation degree. After completing law, you can think of going into government services like the civil service examination or state services. These are conducted by the Union Public Service Commission and State Public Service Commissions, respectively.

During B.A.LL.B, students are made to study history, polity, and sociology. These can guide a person who is preparing for the government services exams. There is an optional paper of law in civil services that a law student can crack in one attempt. Even in government sectors, there are legal departments, and after taking these exams, you can serve in the government sector in the law field itself.

6. Enter judicial services

It is the only field of law that is not restrictive or confined. A law graduate can enter into all three wings of government, which are the legislature, executive, and judiciary.

After completing the law, you can prepare for the judicial services exams. Before the age of 35, your entry into the judiciary is through the Civil Judge Junior Division or Judicial Magistrate Class II. Once you cross the age of 35, you can directly sit for the Assistant District Judge exam with seven years of experience as a practicing advocate.

As a judge, you can serve the nation. A court is considered the temple of justice. And what could be more significant than this if you were a servant in that temple?

7. Become a public prosecutor

Are you an excellent debater or interested in litigation only, but want a secure and stable career? Then, you can become a public prosecutor (PP) after taking the exam. The public prosecutor represents the state in a criminal case.

To become a public prosecutor, you must have seven years of experience as a practicing advocate and a good command over Criminal Law (Bharatiya Nagarik Suraksha Sanhita), including the Law of Evidence (Bharatiya Sakshya Adhiniyam), the Bharatiya Nyaya Sanhita (Indian Penal Code), and Procedural Law.

The work domain of a public prosecutor is at the trial court or the High Courts. In the Supreme Court, there are no public prosecutors but the Advocate General of India, who represents the Government of India in all cases.

8. Be an assistant prosecution officer

To become an Assistant Prosecution Officer (APO), you must be a bachelor in law with a good command of criminal laws like the Evidence Act, Penal Code, Criminal Procedure Code, and so on.

This exam does not require any practicing experience in court. Once you get the degree of LL.B, you are eligible for the post subject to state criteria and conditions.

The assistant prosecution officer is a gazetted post. The salary is quite good as per the eighth pay commission and ranges from Rs. 90,000 up to Rs. 1.5 lakhs, as per grade.

9. Become a legal journalist

Law and media sound good together. You must have even studied this subject during your LL.B course. Law is so dynamic and explorable that the more you dive into it, the more you realise its beauty.

Do you keep yourself updated with legal news and legal columns? Do you think you are a legal wizard? If yes, you can have a good career in journalism. Be a spectator of the law field for the media!

There are several websites like Live Law, Legal Bites, and Bar & Bench that update you on everyday legal scenarios. To become a legal journalist, you need to be a law graduate and nothing else. You can apply to any company based on your skills. Make sure to be updated with recent legal news across the globe.

10. Be a legal researcher

If you are a man of patience and calmness, this work is for you. Yes, you got it correct. If you like reading research work and do not get bored with paper stuff, then you are ready for this job.

A legal researcher’s task is to search for supportive laws and cases related to a case. It is proper research that makes an argument strong and presentable.

If you prefer a desk job with less physical work, then this is the most appropriate work for you. It is not only about finding case laws. If you do it with a full conscience, you get enlightened with various judgments, supporting laws, etc.

Law is a dynamic field. You realise its depth when you explore it.

Law is more than just a subject. It touches every sector, like aeronautics, information technology, administration, and many more. This is the reason we study administrative law or cyber law.

There is no field in the world where law has not made its presence felt. The fundamental purpose of law is to maintain balance and harmony in society. Therefore, its role is both profound and indispensable.

10 career options after Law college
WritingLaw

Studying law requires constant hard work and attention. People often wonder how to study law. To help, here is a brief guide that shows you how to start studying if you are a new law student or someone who has not focused carefully until today.

This post is primarily targeted towards students who have recently completed class 12th or are freshers in a law college.

The recommendations below are also helpful for those just starting law or looking for guidance on how to start, prepare for law entrance exams, or study law on their own.

I will begin this post in detail and gradually keep things short. It will take 7-10 minutes to read. And I request you to do that. But if you cannot, there is a summary at the end. Read that.

Should I study Law and go into the legal field?

If you recently passed class 12th or if you are a guardian of such a student, this thought definitely comes to you: should I (or my child) go into law?

The short answer is yes. There is no harm in joining the legal field. The initial journey is challenging, especially if you don’t have anyone from your family already established in the legal field. But, after a few years of hard work, things improve.

Plus, you are not limited only to advocacy. There are several career options available in law. Head over to this post where I have talked about ten job and career options after law.

I’m a law student, but I don’t know where to start studying

Answering this question is the primary motive of this article. Let me help.

There are hundreds of Bare Acts. If you are newly inducted into the legal field, you may not know where to start law study.

So, the first thing is to forget worrying. You need to focus on just a handful of subjects as a law student in BALLB or LLB.

The rest of the Bare Acts are selectively important. And the good thing is, as a lawyer, you can always consult books, PDFs, and websites. So, there is no point in memorising everything. Over time, you will automatically have the sections and Articles on your tongue.

Now coming back to the main question, here are the most important subjects that a new, existing, old, or any law student should focus on. These subjects are essential for everything you do in the legal field. Yes, everything!

How to start studying Law

1. Start reading the Constitution of India

As a person in the legal field, you must read the Indian Constitution several times. Often, what you hear in the news and questions you get in law exams are related to the Constitution.

The Constitution is the supreme law of the land. All the laws derive their roots from the Constitution. It contains the fundamentals and principles through which the country is governed.

From where can I read the Constitution of India?

You can find its black & white PDF online for free. IndiaCode is the government website you can trust. If you like something pleasant, colourful and nice, you may buy the updated Constitution PDF and many other important law PDFs from WritingLaw (Rs 340).

Having PDFs is excellent as they enable you to read anywhere, anytime, on a phone or laptop. But, it is also vital that you buy the physical Constitution of India book. It costs around 150 rupees and will go a long way.

What are the important Articles of the Constitution?

Since you are just starting, forget this question! First, read the Constitution at least twice. Read it even if you don’t understand it fully.

Once you finish reading the entire Constitution at least twice, you can turn your focus to just the important Articles. We already have a list where I show you the most important Articles of the Indian Constitution.

Should I make notes of important Articles of the Constitution?

Definitely! Writing always helps. That’s why this website’s name – WritingLaw.

While studying, feel free to jot down important stuff in a notebook. You may also highlight it in a book, etc. In short, it always helps to do such things. But do not cross the limit, and do not highlight every other sentence.

What about the new amendments?

The Constitution of India is often amended to reflect the current needs of the country. You can learn all about the amendment procedure here. Here at WritingLaw, we update it as soon as the Indian Government publishes the official amendment Act.

2. Read the Bharatiya Nyaya Sanhita

Bharatiya Nyaya Sanhita has received the Indian President’s approval, and it replaces the previous Indian Penal Code (1860).

So, after reading the Constitution or while reading, you must also focus on the Bharatiya Nyaya Sanhita (Indian Penal Code).

Bharatiya Nyaya Sanhita is a criminal statute (law). It prescribes what constitutes an offence and the punishment for it. It is a substantive code containing offences related to body, property, etc.

Tip: As a student, you cannot read only one subject for months. So, you should read 2-3 subjects simultaneously. For example, a few hours in the morning, you may read the Constitution. Set afternoon for Bharatiya Nyaya Sanhita, night for Bharatiya Nagarik Suraksha Sanhita, and late-night for General Studies, law news, etc.

3. Read the Bharatiya Nagarik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita has also received the Indian President’s approval, and it replaces the previous Code of Criminal Procedure of 1973.

This is one of the essential subjects of law. It is procedural law. It contains the procedure to be followed by the courts while trying the person for a criminal offence. It includes investigation, inquiry, trial, etc.

As mentioned above, along with reading the Constitution and the Bharatiya Nyaya Sanhita, you should also start focusing side-by-side on the Bharatiya Nagarik Suraksha Sanhita.

4. Focus on the Civil Procedure Code

CPC is a procedural law that contains procedures to be followed by the courts while trying a person for a civil wrong or breach. It includes filing of the suit, trial, etc.

It is a big Act with 158 sections and 51 Orders. But necessary for all legal people. So make sure you read the Civil Procedure Code carefully.

You can get its free black & white PDF from India Code. And as usual, we have the colourful PDF for CPC (Rs 340). To read it online, please see this. Plus, it would help to buy its Bare Act book from a bookstore near you or Amazon.

After you finish reading the Act once, you may check out its important sections and Orders.

5. Carefully understand the Bharatiya Sakshya Adhiniyam

This new Act has also received the Indian President’s approval, and it replaces the previous Indian Evidence Act of 1872.

Bharatiya Sakshya Adhiniyam is an adjective law. It is neither procedural nor substantive. It helps the court in the method of recording evidence, how the relevance of facts needs to be seen, what can be presumed and what not, expert opinion and on whom shall burden of a proof lie. Bharatiya Sakshya Adhiniyam supports both Bharatiya Nagarik Suraksha Sanhita and CPC.

Compared to all the above-mentioned Acts, this one is smaller as it only has 170 sections. However, it is an integral part of the Indian legal system, and you must study it carefully.

6. Other important Acts

Apart from the above law subjects, there are several other important ones like the Indian Contract Act, Hindu Laws, Muslim Law, Transfer of Property Act, Specific Relief Act, and Sale of Goods Act. It would be best to focus equally on these.

If you are a new law student (first or second year of your 5-year course), you have time to cover all these Acts adequately.

If you are in the last year of the 5-year or 3-year law course, please start focusing from today.

7. Additional important things to focus on

Besides the Bare Acts, it is vital to ensure you read the daily law news and stay updated.

Whenever you come across legal maxims, make sure you read them twice to keep them in your memory. These are used in court paperwork and also asked in law exams.

When you come across old or new interesting cases (case laws), make sure you remember them. And even if you cannot, keep the case summary/facts (which are usually interesting) in mind.

If you get a chance to talk to other advocates or seniors, please do that.

In your college, be active in activities like the Moot Court.

Plus, whenever possible and via whatever medium, make sure you read general studies. It is important not only for law exams but all other job and competitive exams as well.

This is how to study law effectively for your law college, entrance exams, bachelor’s degree in law, and competitive law exams. I hope the above tips gave you some insight.

How can WritingLaw’s study material help me?

Bare Acts are the most important thing in law.

WritingLaw has the above Bare Acts as friendly, beautiful, colourful PDFs. It’s affordable, and you will love reading from them.

If you (a law student, advocate, judge, or someone similar) have already read some Acts and are prepared to test your legal knowledge, you can do that using our excellent MCQ Tests.

But if you are just starting, you may skip the tests and only focus on Bare Act PDFs. After some months or a year, come back and buy the MCQ tests.

How to start studying Law
WritingLaw

Judiciary Exams or Judicial Services Examinations are also popularly known as PCS(J), which is an abbreviation for Provincial Civil Service Judicial Examination.

The Judicial Services Exams are conducted in three stages. They are:

1. Preliminary Examination: Objective-type questions (MCQs)
2. Mains Examination: Subjective-type questions (written answers)
3. Personal Interview: Evaluates your personality, prompt knowledge, decision-making, etc.

After you qualify, you become a member of the subordinate judiciary.

Different Indian states conduct the Judicial Services Exam. They have their eligibility criteria, exam pattern, and exam syllabus. Even the actual pay is different.

Here are 13 tips to start preparing for judiciary exams in the best possible way.

1. Select the states you want to appear for

The exam pattern of the judiciary exam for each state differs slightly from one another. Therefore, the first thing to do when you prepare for the PCSJ exam is to select the states you wish to appear for. Once you do that, you can accordingly start studying for it.

2. See question papers of previous years

When you go through the old papers (don’t worry about the answers now), you get an estimate as to how that particular state frames the questions. This is very important as you start to develop an idea about what to expect and what kind of questions to prepare for.

3. Read Bare Acts several times

Bare Acts are the primary source of almost all law questions asked in state judiciary exams. Bare Acts are the backbone of law, and every multiple-choice question, short-answer question, and long-answer question has its root in Bare Acts.

They are helpful even when you write detailed answers. If you have a good command of Bare Acts, you can mention sections, references, and more from these Acts in your subjective answer.

For the best PCSJ preparation, go through Bare Acts as many times as you can. There is no cap. Make a habit of reading and revising them every day.

When you read Bare Acts from the book or PDF, keep a notebook near you. Take notes of little things that surprise you or make you think hard. Writing really helps! Thus, the website name WritingLaw!

4. Focus on ‘may’ and ‘shall’

While reading Bare Acts, focus particularly on places where the use of ‘may’ and ‘shall’ makes the difference. This is confusing, but if you read it a few times, you will emerge victoriously. Once you crack the difference between ‘may’ and ‘shall,’ you won’t forget it ever.

For example, in section 164(1) of CrPC, the proviso says that a confession may also be recorded by audio-video electronic means in the presence of the accused’s advocate. Here, the examiner can confuse you by using ‘shall’ in place of ‘may.’

5. Know where to give less time

Bare Acts and other laws are vast. But there are some portions of all Acts that are not asked frequently.

For example, Chapters 7, 9A, 11, 12, 13, 14, 18, and 19 of the Indian Penal Code are not asked profoundly. And even if asked, the questions are heading-based, which do not require in-depth knowledge of these. So, all you need is to go through the headings and titles of these sections. This will save you time and energy, and you will be able to focus more on essential chapters.

6. Understand where to focus more

Use the resources at your disposal. Talk to your seniors, discuss with your friends, ask your teachers, and make a list of important sections and chapters of the Bare Acts. Once you do that, you should allot your maximum time to these.

7. Go through landmark judgements

Before you appear for a law exam, you must be clear of the landmark judgments and the latest case laws of the last two years. They are also crucial for the current affairs section.

When you write subjective answers and mention facts or statements about recent cases and judgements, the copy checker would form an opinion that the student is well-updated and informed. He might mark you generously!

8. Do not burden yourself with fat reference books

Yes, I am repeating it. Kindly don’t read reference books at this stage when you are preparing for the preliminary exams. Now, you may ask what reference books are.

For example, Indian Polity by M Laxmikanth or books by JN Pandey are considered to be some of the best books for the Indian Constitution. But at the preliminary stage, these are not required.

If you are in the initial stage, you should first read the actual Acts. These books are for the later stage.

However, if you have a doubt about any topic, you can certainly refer to these books for clarification. Just make sure not to indulge too much, or else you won’t be able to thoroughly finish the Bare Acts first.

9. Make a synopsis of all topics

Don’t read long answers for revision. Make a synopsis of all topics while reading so that on D-day, when you wish to go through any topic, you can revise it at a glance. Make bullet points, and number them 1, 2, 3, 4 or A, B, C, D.

10. Use charts, diagrams, and pictorial representation

While preparing for judiciary exams, make ample use of charts, diagrams, graphs, etc., in your rough notebook. Use these to practice several times. Pictorial representation helps you remember better.

Also, when you revise a chart multiple times, its image is imprinted in your brain. So, when you are sitting in the exam hall, these charts instantly come to your mind.

11. Speak orally what you studied

At the end of the day, speak to yourself about whatever you studied today. It does not have to be loud. But it should be audible, at least to you. Once you do that, you will remember it better. Do not hum. Speak what you studied. If something needs counting on your fingertips, do that. Do not be shy about it.

If there is a mirror around, look at it and then vocally revise. Your hard work of the day should be such that, in the evening or at night, you are not ashamed or hesitant to look in the mirror and say ‘Yes! I studied this much today!’

12. Do not panic and get disheartened

Always remember that any single exam is not the end of the road. This world has many doors. The legal field has many opportunities. You might have seen the books and PDFs and wondered, ‘How am I going to remember all that!’ You are not alone. Almost everyone feels this initially.

What is important is how to start. It doesn’t matter how fast you go. What matters is the direction. Suppose your mother asks you to bring curd from the market. The dairy shop is on the east side of the market. Now, what is sensible here? Racing on your bike on the west side and reaching there in 5 minutes or walking slowly and reaching the east side of the market in 20 minutes?

Take your time. Keep all Bare Acts aside except two or at max three. Start the first chapter. When you get bored, read the other Bare Act. Do not think about the rest of the dozen Acts. In the beginning, at a time, focus on a maximum of two or three Bare Acts.

13. Revise every day

Let me give you the market example again. It’s Sunday, and you go to the local vegetable market with a slightly torn jute bag. You buy potatoes from one place, put them inside your bag, and move to the next shop to buy onions. While you were going there, a few potatoes fell off. You didn’t pick them up.

You buy onions, put them in the bag, and walk to buy tomatoes. Onions, too, fall off, and you fail to pick them. They also increase the size of the hole in the bag. This keeps happening. At the end of your shopping, will you not have anything relevant in your possession.

Now, imagine the market as the whole syllabus. Different shops have different Bare Acts. The torn bag is your mind. You fill it, but things slip (it is natural; this is how the human brain works). You fail only when you do not stop, go back, and pick up the fallen information. Going back and revisiting what you learned the previous day, the week before, and the month before is called revision.

Do not rush to learn twenty new things in a day. Learn just five new things every day. But revise the fifteen old stuff you read before.

Failure and success exist together

Despite your strong efforts, if you fail, rise and strike back with greater force. In the end, you have to understand that people like you and me are the ones who pass these exams, and people like you and me are the ones who do not. It is up to you and your actions that decide in which group you will be.

Know that at the end of the day, a good life for yourself, your parents, your wife, and your kids matters the most. If you have the knowledge, you will find a channel to ensure happiness in your family.

Even after three or four years of rigorous studies, if you cannot qualify for an exam, you can use this knowledge, open a coaching centre, and lead a good life. You may become a professor at a law college. Teach online or offline law tuition. The possibilities are many. What matters is how prepared and knowledgeable you are for it!

How to prepare for Judiciary exams
WritingLaw

Ab Initio is a Latin legal maxim that means “from the beginning.”

When something is said to be void ab initio, it means it was invalid from the very start, as if it never legally existed.

It treats an act, contract, or order as having no legal effect from the moment it was created, not just from the time it was declared invalid.

For example:

• If a contract is signed under fraud, the court may declare the contract void ab initio, meaning the contract is considered never valid at all, not even for a moment.
• A marriage prohibited under law (for example, bigamy under the Hindu Marriage Act, 1955) is void ab initio, meaning it was never treated as legally valid.

In short, “Ab Initio” in the legal sense means “invalid from the very beginning.”

What Is the Meaning of “Ab Initio” in law
WritingLaw

Efficient justice delivery is the cornerstone of a well-functioning legal system. In the realm of civil law, where disputes can range from contractual matters to property disputes, the timely resolution of cases is of paramount importance.

This article explores the world of case management in civil courts, shedding light on the various techniques and strategies employed to streamline proceedings, reduce delays, and ultimately ensure that justice is not just served but served efficiently.

Key Techniques Employed for Case Management in Civil Courts

In India, case management in civil courts employs various techniques and strategies to streamline proceedings and ensure efficient case resolution. Here are 10 key techniques.

1. Pre-Trial Conferences

Pre-trial conferences are an essential part of case management. Judges engage with parties during these meetings to identify key issues, clarify legal points, and explore settlement possibilities. This process not only expedites case resolution but also helps in crafting focused trial strategies.

2. Alternative Dispute Resolution (ADR)

ADR mechanisms like mediation and arbitration offer parties more control over the resolution process. Mediators or arbitrators facilitate negotiations and help parties arrive at mutually agreeable solutions. ADR is often faster and less formal than traditional litigation.

3. Case Flow Management

Case flow management involves judicial oversight of case timelines. Courts set deadlines for filing documents, scheduling hearings, and concluding trials. This structured approach minimizes delays and ensures that cases progress steadily.

4. Fast-Track Courts

These specialized courts prioritize the swift resolution of specific cases, such as those related to family matters, senior citizens, or women. The goal is to reduce the backlog and ensure timely justice delivery, particularly in cases that require immediate attention.

5. Online Case Management Systems

Digital case management systems are increasingly prevalent in Indian courts. These systems allow lawyers and litigants to file cases electronically, access case records remotely, and receive updates on case status. They reduce the need for physical paperwork and manual tracking, contributing to efficiency.

Related Law Note: Digital Transformation in the Indian Legal Sector

6. Judicial Settlement

Judges play an active role in encouraging parties to resolve disputes amicably. When parties see the potential benefits of settlement, it often leads to faster case resolutions and reduced court burdens.

7. Case Consolidation

Consolidating similar cases into one can save considerable time and resources. For instance, multiple consumer complaints against a single business can be combined into a single case, avoiding repetitive proceedings.

8. Continuous Hearings

Some courts adopt a policy of continuous hearings, where a case is heard daily until completion. This minimizes interruptions and ensures that cases move swiftly through the judicial process.

9. Use of Technology

Courts leverage technology for evidence presentation. Video conferencing allows witnesses or experts to testify remotely, reducing travel time and costs. Digital record-keeping streamlines administrative tasks and ensures the easy retrieval of case-related information.

10. Specialized Benches

Specialized benches focus on specific areas of law, such as commercial disputes, consumer complaints, or intellectual property matters. Judges in these benches have expertise in the relevant field, which expedites the adjudication process.

How Case Management Contributes to Efficient Case Resolution

The employment of various case management techniques in civil courts in India significantly contributes to efficient case resolution in several ways. Here are ten such positives.

1. Reduced Delays

Strict case timelines and pre-trial conferences ensure that cases progress steadily. This reduces the chances of unnecessary adjournments and long periods of inactivity.

2. Improved Docket Management

Courts can allocate resources more efficiently by categorizing cases and setting priorities. Fast-Track Courts and specialized benches further expedite proceedings for specific types of cases.

3. Enhanced Focus

Case flow management encourages parties and their lawyers to concentrate on key issues, facilitating a more streamlined presentation of their arguments during hearings.

4. Lower Costs

Efficiency in case management reduces the financial burden on litigants. With quicker case resolutions, legal costs, travel expenses, and other associated expenses are minimized.

5. Access to Justice

Timely case resolution ensures that individuals and businesses can access a functioning legal system when needed. This is particularly important in cases involving vulnerable populations or urgent matters.

6. Use of Technology

Digital case management systems and video conferencing reduce paperwork and the need for physical appearances in court. This not only saves time but also promotes an eco-friendlier approach.

7. Enhanced Confidence

Efficient case management builds confidence in the legal system. Parties are more likely to trust the process when they see their cases progressing steadily and fairly.

8. Encouragement of Settlement

Techniques like judicial settlement and alternative dispute resolution encourage parties to explore settlement options. When parties perceive the benefits of settlement, it often leads to quicker and mutually satisfactory resolutions.

9. Specialization

Specialized benches with expertise in specific areas of law can provide more informed judgments, reducing the chances of appeals and further delays.

10. Overall Reduction in Backlog

Collectively, these techniques help courts manage their caseloads more effectively, reducing the backlog of cases awaiting resolution.

Efficient case resolution is about speed and ensuring that justice is served fairly and equitably. These techniques balance expeditious proceedings and the protection of parties’ rights, ultimately contributing to a more efficient and effective judicial system in India.

Techniques for Proper Case Management in Civil Courts in India
Suhani Dhariwal

Legal aid provides free legal assistance to people who cannot afford the fees of court proceedings and advocates for seeking justice. For those in need who cannot afford legal representation, legal aid stands as a beam of light.

It is free legal assistance provided to those who are not financially upright enough to afford legal assistance (i.e. annual income less than as prescribed by the state, in case of the proceedings within the ambit of the state judicial system, and in case of proceedings before the Supreme Court, the annual income is less than 5 lakh).

Justice P.N. Bhagwati states:

“Legal aid is an arrangement to give the poor and uneducated people easy access to the legal system, ensuring that their lack of knowledge and financial hardship does not prevent them from seeking justice”.

In accordance with Article 14 of the Indian Constitution, everyone is guaranteed equal protection under the law, regardless of their caste, race, sex, religion, or place of birth. Additionally, according to Article 22(1) of the Indian Constitution, no person arrested can be denied the right to consult with and be represented by a lawyer of their choice.

This is in accordance with the fundamental legal principle of Audi Alteram Partem, which states that no party should be denied a hearing. Even though having access to justice is a Fundamental Right, the poor continue to suffer greatly because they cannot pay the high cost of the legal system and frequently have to accept injustice.

The basic goal of legal aid service is equitable justice for the underprivileged and oppressed. It covers the free availability of legal counsel from an advocate in court proceedings and services like Lok Adalats, Legal Awareness, Legal Advice, Public Interest Litigation and many more that might stop injustice.

Development of Legal Aid in India

Following independence, the Indian government began to address the issue of legal assistance for people experiencing poverty in several conferences of law ministers and Law Commissions. Below are chronological events that happened during the development of legal Aid in India.

1958: Providing equitable justice and free legal assistance to the underprivileged was underlined in the 14th Law Commission Report 1958. Several states’ legal assistance boards, associations, and law departments have proposed legal aid programmes. The first State to adopt a free legal aid scheme was Kerala.

1973: A report on “Processuals Justice to Poor” was released in 1973 by the Honorable Justice V.R. Krishna Iyer-led Expert Committee on Legal Aid. The study emphasized the necessity of giving legal assistance a formal foundation, establishing legal aid clinics in law schools, and other measures to make the legal aid system widely accessible to individuals.

1976: In 1976, the 42nd Constitutional Amendment made free legal aid a legal requirement by inserting Article 39A under the Directive Principles of State Policy (DPSP) to guarantee that no one’s access to justice is hindered by their capacity to pay for it, the State and courts must uphold the principle of “Equal Justice and Free Legal Aid” and offer free legal representation to all who qualify.

1980: A national committee was established in 1980 to manage and monitor legal aid programmes nationwide. Justice P.N. Bhagwati, a Supreme Court judge at the time, was the group’s head. This group, which later adopted CILAS (Committee for Implementing Legal Aid Schemes), began monitoring legal aid initiatives nationwide.

1987: To provide legal assistance programmes across the nation with a formal foundation and a standardised structure, the Legal Services Authorities Act was passed in 1987. After specific changes were made by the Amendment Act of 1994, this Act went into effect in 1995.

What Is Article 39A

A constitutional clause known as Article 39A (42nd Amendment) (Free Legal Aid) was added to the Indian Constitution to protect citizens’ right to equal access to the legal system regardless of class, sex, race, or religious beliefs. Article 39A of the Indian Constitution requires the States to offer free legal assistance to the weaker and poorer segments of society. This Article is critical since it establishes a right to seek legal help and states that the State is responsible for protecting that right.

Pursuing a successful legal course of action is impossible without access to legal aid. Any genuine resolution of complaints must start with access to justice. Any affected person whose right to legal assistance is refused will not have their complaint taken seriously, and any efforts to offer it will be ineffective. According to Article 39 A, free legal service shall be provided at a reasonable cost based on the time and place.

Legal Services Authority Act, 1987

The movement in India for legal assistance had a new component with this Act. Following the Act’s final revisions, it was enacted in 1995. Justice R.N. Mishra played a crucial part in executing this Act.

The Act had two aims:

• To offer free legal services to the underprivileged and weaker members of society, to guarantee that no person is denied access to justice because of their financial situation or another form of impairment
• To promote equitable justice delivery by setting up Lok Adalats.

This Act also formed the institutional framework of the National Legal Services Authority, State Legal Services Authority, District Legal Services Authority, and Taluka Legal Services Authority. The functions of each authority are explained below.

National Legal Services Authority (NALSA)

• To ensure that legal services provided under the act are widely accessible, NALSA develops policies, concepts, and efficient economic plans.
• Conduct and encourage research in the area of legal assistance, putting a particular focus on helping the underprivileged.
• Additionally, it arranges legal assistance camps, promotes Lok Adalat as a forum for conflict resolution, conducts regular evaluations of legal aid programmes, and researches legal services.
• NALSA supervises the functioning of the State Legal Services Authority.

State Legal Services Authority

• This organisation is the top authority for regulating the State’s legal services.
• The NALSA-established policies, regulations, and practices are put into action by the State Legal Services Authority.
• Additionally, it runs several legal assistance initiatives, including Lok Adalats.

District Legal Services Authority

• Organize the Taluk Legal Services Committee’s initiatives and those of the District’s other legal services.
• Well-organized Lok Adalats throughout the District.
• Carry out any additional duties that the State Authority may impose through regulations.

Taluk Legal Services Authority

• It coordinates Lok Adalat and additional legal services events in the Taluk.
• State Legal Services Authority regulates it.

The service of providing free Legal Aid is governed according to this Act. Legal Services Authority Act helps needy people get free legal assistance and prevents injustice from falling under their lap just because they can’t afford the legal expenses.

Related Law Note: What Is Indigent Person and Suits By Indigent Person?

The Judiciary’s Role

In India, the judiciary has always been a strong supporter and proponent of free legal assistance. Hon’ble Justices P.N. Bhagwati and Krishna Iyer have played significant roles in the legal aid movement, emphasising the significance of free legal services in India. Here are some of the landmark judgements that helped to promote legal Aid in India.

Suk Das vs Union Territory of Arunachal Pradesh, 1986 AIR 991, 1986 SCR (1) 590: Justice P.N. Bhagwati delivered this significant decision. He claimed that India has a huge number of ignorant people who are unaware of their rights. As a result, it is critical to develop legal literacy and knowledge among the public and an essential component of legal assistance.

Hussainara Khatoon vs Home Secretary, State of Bihar, AIR 1979 SC 1360: This case clarified how poorly the State of Bihar’s judicial system functions. Many people were being held without due process in jails, and some were being wrongfully found guilty and given worse punishments than they deserved. The only cause of all these delays was the convict’s inability to afford a lawyer to represent them. Justice P.N. Bhagwati found that Article 39A and Article 21 implicitly guarantee the right to free legal representation as a necessary component of a “reasonable, fair, and just” process for anybody accused of a crime.

Conclusion

Law students (and ideally, anybody who is somehow connected with the legal field, be it as a student or a professional litigant) must participate in all activities to close the gap between the legal realisation of rights and their effective exercise by the disadvantaged and poor.

The government also must take the necessary action by teaching the citizens about their Fundamental Rights to have a successful legal aid movement in India. Legal assistance is not a gift or a charity but rather a duty of the State and a constitutional right of the people. A lack of legal understanding causes the misuse and deprivation of the rights and benefits of the poor.

History and Development of Legal Aid in India
Suhani Dhariwal

Section 24 of the Prevention of Money Laundering (PMLA) Act, 2002 defines “Burden of Proof,” which places the onus on the accused to prove that the proceeds of the crime are untainted property.

Related: What Is the Burden of Proof Under the Indian Evidence Act?

What Is the Burden of Proof Under Section 24 of the PMLA?

Under section 24 of the Prevention of Money Laundering Act, there is a provision regarding the burden of proof. In the case of a person accused of the offence of money laundering as defined under section 3 of the PMLA, the authority or the court is required to presume that the proceeds of crime involved are indeed engaged in money laundering. For other individuals, the authority or the court has the discretion to assume that the proceeds of crime are being used for the purpose of committing money laundering.

Recent Case Laws

You can get more context about the burden of proof from these case laws.

Union of India vs Hassan Ali Khan, 2011 AIR SCW 6592

The allegations that the money was the product of a crime and that the accused attempted to portray it as clean money by depositing it in his bank accounts may not ultimately be proven, but because the allegations or claims were made, the onus of proving that the money was not the product of a crime and therefore was not tainted shifted to the accused under section 24 of the Act.

Jignesh Kishorebhai Bhajiawala vs State of Gujarat, 2017 (4) Gujarat LR 3462

The onus of proof falls on the accused to establish that the sum recovered or involved does not constitute “proceeds of crime” as defined by the Act. He must also convince the authority of this.

Aman Krishanlal S. S/o. Shri Krishan Lal S. vs Assistant Director, (Gujarat), 2015 (4) Crimes 295

Section 24 reference to the burden of proof applies to the proceeds of crime.

Smt. Janata Jha vs Assistant Director, Directorate of Enforcement, Government of India, 2014 Cri LJ 2556

A case in which the accused has been acquitted in a sessions trial on charges related to sections 307, 353, and 357 of the Indian Penal Code but faces a subsequent proceeding under the Prevention of Money Laundering Act, 2002, involving different procedures and evidentiary standards, cannot be deemed a case of double jeopardy.

Hasan Ali Khan vs Union of India, 2012 (1) Bom C R (Cri) 807

According to section 24 of the Prevention of Money Laundering Act, it is the defendant’s responsibility to demonstrate that the claimed proceeds of crime are legitimate assets. It should be clear that this section does not absolve the prosecution of the duty to claim specifically that the funds allegedly being laundered were obtained via the commission of a specified scheduled offence or offences under the PMLA. This clause cannot be interpreted as requiring the accused to establish his right to the money in question once the prosecution only alleged that he was engaging in money laundering.

B Rama Raju vs Union of India, Ministry of Finance, Department of Revenue, represented by its Secretary [Revenue] New Delhi, 2011 (3) ALT 443

The legislative goals are only realized when the onus is placed on the accused to prove that the proceeds of crime are untainted property, as camouflage and deceit are tactics inherent and integral to money laundering operations and may involve subsequent transactions relating to proceeds of crime and intent to project the layered proceeds as untainted property. Section 24 of the PMLA was written with this legislative goal and justification.

To sum up: The burden of proof under the Prevention of Money Laundering Act of 2002 lies upon the accused person to prove that the proceeds of the crime are not tainted property.

What Is the Burden of Proof Under the PMLA?
Dinesh Verma

Forensic science is the art of solving crimes using scientific techniques. It has a rich history that spans centuries.

Forensic science has greatly evolved from its early days of basic observation to today’s high-tech laboratories.

This article explores its journey, from its beginnings to its current state and future, highlighting its critical role in modern law enforcement and justice systems.

History of Forensic Science

Forensic science in India has a rich and complex history that dates back centuries. Its early beginnings can be traced to ancient texts such as the “Arthashastra” by Kautilya (Chanakya), which detailed methods for detecting poison and investigating crimes. During the Mauryan Empire, this text highlighted the importance of collecting evidence and examining witnesses.

In the Mughal era, forensic techniques continued to develop. Emperor Akbar established a special department called the “Dewani-i-Ala” to investigate criminal cases. This department consisted of experts in various fields, including medical examiners and chemists, who played a pivotal role in examining evidence.

During British colonial rule, forensic science saw significant advancements. Sir Edward Richard Henry, a British police officer, introduced fingerprinting as an identification method in India. This breakthrough transformed criminal investigations and became a fundamental aspect of forensic science worldwide.

Post-independence, India further developed its forensic capabilities. In 1952, the Central Forensic Science Laboratory (CFSL) was established in Kolkata, marking a significant milestone in the country’s forensic history.

Today, India boasts several CFSLs and state forensic laboratories, each equipped with advanced technologies to aid criminal investigations.

The history of forensic science in India reflects a continual commitment to evolving investigative techniques and staying at the forefront of crime-solving methods. This journey from ancient texts to state-of-the-art laboratories showcases India’s dedication to justice and truth through the lens of forensic science.

Related: What Is the Role of Forensic Evidence in Criminal Investigations?

The Present of Forensic Science in India

Forensic science in India has come a long way and continues to play a pivotal role in modern-day criminal investigations and the judicial system. Presently, it stands as a dynamic and multidisciplinary field that encompasses various scientific disciplines and cutting-edge technologies. Here’s an overview of the current state of forensic science in India.

Advanced Laboratories

India boasts a network of well-equipped forensic laboratories spread across the country. These laboratories are equipped with state-of-the-art instrumentation and technology for analyzing a wide range of physical evidence, from fingerprints and DNA to toxicology and digital data.

Fingerprint Analysis

Fingerprint analysis remains a cornerstone of forensic identification in India. The Automated Fingerprint Identification System (AFIS) is widely used to compare and match fingerprints quickly and accurately.

DNA Profiling

DNA profiling has become a powerful tool for solving crimes and identifying individuals. India has made significant advancements in DNA analysis, and DNA profiling is now routinely used in criminal investigations, paternity disputes, and disaster victim identification.

Digital Forensics

With the rapid digitization of society, digital forensics has gained immense importance. Experts in this field recover, preserve, and analyze digital data from computers, mobile devices, and other electronic media, helping solve cybercrimes and complex financial frauds.

Toxicology and Drug Analysis

Forensic toxicology laboratories analyze substances in the body to identify toxins or drugs. This is particularly important in cases of poisoning and overdose.

Forensic Odontology

Dental records and bite mark analysis are used for human identification and criminal cases. Forensic odontologists assist in identifying deceased individuals when other methods may not be feasible.

Legal Significance

Forensic evidence is highly regarded in Indian courts. It often serves as crucial evidence in criminal trials, and forensic experts are regularly called upon to testify.

In conclusion, forensic science in India has evolved into a sophisticated and comprehensive discipline. It plays a vital role in ensuring justice, solving crimes, and upholding the rule of law. As technology and knowledge continue to advance, forensic science in India is expected to expand its capabilities and further enhance its contribution to the justice system.

Related: Forensic Science in the Courtroom

Future of Forensic Science

The future of forensic science in India holds great promise, driven by technological advancements, evolving investigative techniques, and the growing need for scientific rigour in the criminal justice system. Here’s a glimpse into what the future may hold for forensic science in India.

Artificial Intelligence (AI)

AI and machine learning algorithms will play a significant role in forensic investigations. They can help automate tasks such as fingerprint analysis and facial recognition and even predict potential crime hotspots based on historical data.

Must Read: How Is Artificial Intelligence (AI) Useful for the Legal Industry

DNA Phenotyping

DNA analysis will become even more powerful with the ability to predict the physical characteristics of individuals from DNA samples. This can aid in creating more accurate suspect profiles.

Nanotechnology

Nanotechnology may offer new ways to analyze trace evidence and provide enhanced detection capabilities. This could be especially valuable in drug analysis and explosive residue detection.

Virtual Autopsies

Virtual autopsies, using techniques like CT scans and MRI, may become more common, reducing the need for invasive post-mortem examinations and offering more detailed insights.

Biometrics and Cybersecurity

With the proliferation of biometric data (e.g., fingerprints, facial recognition, retinal scans), forensic experts will play a crucial role in ensuring the security and integrity of this data, especially in cases involving identity theft and cybercrimes.

Environmental Forensics

As environmental concerns grow, forensic science will extend to areas like environmental forensics, where experts will investigate crimes against the environment, including pollution and illegal disposal of hazardous materials.

Forensic Entomology

The use of insects and their life cycles in forensic investigations, known as forensic entomology, will see increased application in estimating the time of death and locating crime scenes.

The Evolution of Forensic Science in India – Past, Present, Future
Suhani Dhariwal

A Notice under section 138 of the Negotiable Instruments Act (1881) is a formal communication sent to a person or entity who has issued a dishonoured or bounced cheque due to insufficient funds in their bank account or other reasons.

Section 138 of the Indian Negotiable Instruments Act of 1881 provides a legal remedy to the payee (the person to whom the check is payable) to recover the amount mentioned in the dishonoured cheque along with additional penalties.

The notice serves as a precursor to legal action and must be issued within a specified timeframe after the check has been dishonoured. This notice informs the drawer (the person who wrote the cheque) about the dishonour of the cheque and provides them with an opportunity to make the payment within 15 days from the receipt of the notice to avoid legal consequences.

Related: What Is Cheque Bouncing, Its Reasons and Punishment?

Model Draft of Notice U/S 138 of The Negotiable Instruments Act

To,

XYZ,
S/o Sh ABC,
Address———————-

Subject: NOTICE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT READ WITH SECTION 420 IPC.

Under the instructions of my client Sh MN, S/o Sh OP, R/o House No. ——-, I hereby serve you the following legal notice:-

1. That you approached my client for a friendly loan of Rs 7,00,000\- in the month of March 2022.
2. That my client advanced you the friendly loan as you have been known to my client for some time.
3. That in the discharge of your liability, you gave a cheque bearing no. ———— dated 31 July 2022.
4. That my client presented the cheque given by you on the month of 5 August 2022, but the same was not honoured. My client informed you about the dishonour of the cheque, and you requested my client to present the same after three months. My client acted upon your assurances and presented the cheque to his bank, but the same was dishonoured and was returned by the bank vide memo dated 8 November 2022 with the remarks “Insufficient funds”.
5. That cheque was handed over to my client by you in the discharge of your liability, but you have failed in your duty to see that the aforesaid cheque gets encashed.
6. That dishonouring the above-said cheque entitles my client to prosecute you criminally and recover the amount in civil proceedings.
7. That you are aware that under section 138 of the Negotiable Instruments Act, a drawee has to serve a notice of 30 days to the drawer (i.e. to you) to make the payment of the dishonoured cheques, and in case the drawer fails to make the payment within 15 days from the receipt of the notice, the offence is committed by the drawer.

I, therefore, on behalf of my client, call upon you to make the payment of the above-said cheque amounting to Rs 7,00,000\- within 15 days from the receipt of this legal notice; otherwise, my client will prosecute you criminally and recover the amount in civil proceedings.

Note: A copy of the notice has been retained in my office for record and further action.

Dated: 5 December 2022
(————)
EFG (name of the advocate)
Advocate

What Is Model Draft of Notice Under Section 138 of the Negotiable Instruments Act?
Dinesh Verma