Style of Drafting in Prayer

Begin respectfully:

“It is therefore most humbly prayed that this Hon’ble Court may be pleased
to…”

Use clear, numbered reliefs (a), (b), (c).

Always end with: “…and/or pass such other order as this Hon’ble Court may
deem fit in the interest of justice.” (saves you if you missed something)

Examples of Prayer Clauses

(a) Civil Suit for Recovery of Money

It is, therefore, most respectfully prayed that this

Hon’ble Court may kindly be pleased to:
a) Pass a decree in favour of the Plaintiff for recovery of
₹5,00,000 with 12% interest per annum from the date
of filing till realization;
b) Award costs of the suit to the Plaintiff;
c) Pass such other order(s) as this Hon’ble Court may
deem fit and proper in the interest of justice.

(b) Suit for Injunction (Property Dispute)

The Plaintiff prays that this Hon’ble Court may be

pleased to:
a) Grant a permanent injunction restraining the
Defendant from interfering with the Plaintiff’s peaceful
possession of the property bearing Survey No. XYZ;
b) Award costs of this suit to the Plaintiff;
c) Pass such further order as deemed fit in the interest
of justice.

(c) Writ Petition (Constitutional Matter)

It is most respectfully prayed that this Hon’ble Court

may graciously be pleased to:
a) Issue a writ of Mandamus directing the Respondent
authorities to release the pension benefits of the
Petitioner forthwith;
b) Issue such other writ, order, or direction as deemed
fit in the interest of justice.

(d) Criminal Complaint

It is humbly prayed that this Hon’ble Court may be

pleased to:
a) Take cognizance of the offences committed under
Sections 406 and 420 of the IPC by the Accused;
b) Summon and try the Accused and punish them in
accordance with law;
c) Pass such further order as may be deemed fit in the
interest of justice.

1. General Structure of Written Arguments

Regardless of the type of case, follow this format:

1. Title/Heading
 o “IN THE COURT OF …” / “IN THE HON’BLE SUPREME COURT OF
INDIA”
o Case title: ABC vs. XYZ
o Case number.
2. Introduction
o Who you represent (Plaintiff/Defendant, Petitioner/Respondent).
o Purpose: These written arguments are filed on behalf of…
3. Brief Facts (2–3 paras only)
o Concise summary of essential facts relevant to issues.
4. Issues for Consideration
o Numbered legal questions.
o Example: “Whether the Defendant committed breach of contract?”
5. Arguments on Each Issue
o Issue-wise structure (IRAC method):
 Issue – State the legal question.
 Rule – Cite statutory provisions, case law.
 Application – Apply to the facts.
 Conclusion – State your party’s stand.
6. Prayer/Relief Sought
o Concise request for what you want the court to do.

2. Written Arguments in Civil Cases

Example: Suit for Breach of Contract

 Issue 1: Whether there was a valid contract between the parties?

o Rule: Sec. 10, Indian Contract Act, 1872.
o Application: Offer, acceptance, and consideration are proved by documents
Ex. P1–P3.
o Case Law: Carlill v. Carbolic Smoke Ball Co. (1893).
o Conclusion: A valid contract existed.
 Issue 2: Whether Defendant is liable for breach?
o Rule: Sec. 73, Indian Contract Act.
o Application: Defendant failed to deliver goods within stipulated period.
o Conclusion: Plaintiff entitled to damages.

3. Written Arguments in Criminal Cases

Example: Charge of Cheating under Sec. 420 IPC
  Issue 1: Whether the accused had dishonest intention from the beginning?
o Rule: Sec. 415 & 420 IPC – cheating requires fraudulent intent at inception.
o Application: Prosecution failed to prove dishonest intention at the time of
transaction.
o Case Law: Hridaya Ranjan v. State of Bihar (2000) 4 SCC 168.
o Conclusion: Ingredients of cheating not satisfied.
 Issue 2: Whether prosecution has proved guilt beyond reasonable doubt?
o Rule: Burden is on prosecution.
o Application: No independent witnesses, contradictions in PW testimony.
o Conclusion: Accused entitled to benefit of doubt → acquittal.

4. Written Arguments in Constitutional

Cases
Example: Challenge to a Law under Art. 14 & 19

 Issue 1: Whether the law violates Art. 14 (Equality)?

o Rule: Art. 14 prohibits arbitrary classification.
o Case Law: State of W.B. v. Anwar Ali Sarkar (1952).
o Application: Law creates unreasonable distinction between citizens without
nexus to object.
o Conclusion: Violates Art. 14.
 Issue 2: Whether law infringes freedom of speech under Art. 19(1)(a)?
o Rule: Restrictions under Art. 19(2) must be reasonable.
o Case Law: Shreya Singhal v. Union of India (2015).
o Application: Law criminalizes vague expression → chilling effect.
o Conclusion: Law unconstitutional.

Complaint to the Police (FIR under Sec.

154 CrPC)
When a cognizable offence is committed, a complaint to the police (FIR) should contain:

1. Complainant details – Name, address, contact.

2. Date, time, and place of the incident.
3. Details of accused (if known) – Name, description, or identifying features.
4. Facts of the incident – What happened, how, and in what sequence.
 5. Nature of offence – Mention suspected offences (theft, assault, cheating, etc.).
6. Names of witnesses (if any).
7. Description of loss, injury, or damage caused.
8. Relief sought – Request to register FIR, investigate, and take legal action.
9. Signature/thumb impression of complainant.

👉 Example opening line:

"I, X (s/o Y, resident of …), submit this complaint that on [date] at about [time], while I was
…, the accused [name] wrongfully restrained/assaulted/cheated me …”

2. Complaint to the Magistrate (Sec. 200

CrPC)
When the police refuse to act, or for non-cognizable offences, a private complaint can be
filed before a Magistrate. It should contain:

1. Heading – “In the Court of Judicial Magistrate First Class, …”

2. Parties – Name, age, address of complainant and accused.
3. Jurisdiction statement – Why this Magistrate has jurisdiction.
4. Facts of the case – Chronological narrative of events.
5. Offences alleged – Specific sections of IPC/other laws violated.
6. List of witnesses & documents relied upon.
7. Prayer – Request that Magistrate take cognizance under Sec. 190 CrPC, examine
complainant, issue process/summons/warrant against accused.
8. Verification – Complainant’s declaration that contents are true.
9. Signature & date.

👉 Example closing line:

"It is therefore most humbly prayed that this Hon’ble Court may be pleased to take
cognizance of the offences under Sections … IPC and issue process against the accused
persons in the interest of justice."

3. Key Differences
Complaint to Police (FIR) Complaint to Magistrate
Made orally/writing at police
Filed in writing in court
station
Magistrate may order inquiry, or direct police investigation
Leads to investigation by police
(Sec. 156(3))
Generally for cognizable
Can be for cognizable or non-cognizable offences
offences
Less formal More formal, structured like a petition
A. CRIMINAL LAW & PROCEDURE
1. Cognizable Offence (Sec. 2(c) CrPC)

 An offence where police can register FIR, investigate, and arrest without prior
approval of Magistrate.
 Usually serious crimes (murder, rape, theft, robbery, dowry death).

2. Non-Cognizable Offence (Sec. 2(l) CrPC)

 An offence where police cannot investigate or arrest without prior

permission/order of Magistrate.
 Usually less serious (defamation, public nuisance, minor hurt, simple cheating).

3. FIR (First Information Report) – Sec. 154 CrPC

 The first information given to the police about commission of a cognizable offence.
 It sets the law in motion for police investigation.
 Must contain: complainant’s details, date/time/place of offence, names of accused (if
known), description of incident, witnesses, loss caused.

4. Arrest

 Taking a person into custody under authority of law to answer for an offence.
 Can be:
o Without warrant → for cognizable offences.
o With warrant → when issued by Magistrate.
 Rights on arrest: right to know reasons, right to lawyer, right to be produced before
Magistrate within 24 hours.

5. Bail

 Release of an accused person from custody, with/without surety, ensuring

appearance in court.
 Types of Bail:
1. Regular Bail (Sec. 437, 439 CrPC) → after arrest.
2. Anticipatory Bail (Sec. 438 CrPC) → before arrest, apprehension of arrest.
3. Interim Bail → temporary relief until bail application is decided.
4. Default Bail (Sec. 167(2) CrPC) → when investigation not completed within
prescribed time (60/90 days).
6. Notice from Police (Sec. 41A CrPC)

 In offences punishable up to 7 years, police may issue notice of appearance instead

of immediate arrest.
 Accused must comply, else liable for arrest.

7. Warrant Case (Sec. 2(x) CrPC)

 A case relating to an offence punishable with death, life imprisonment, or

imprisonment > 2 years.
 Upon Police Report (Sec. 238–243): Magistrate considers charge sheet, hears
accused, frames charges, then trial.
 Otherwise than Police Report (Sec. 244–247): Complaint case — prosecution
evidence first, then charges are framed.

8. Summons Case (Sec. 2(w) CrPC)

 A case relating to an offence punishable with less than 2 years imprisonment.

 Upon Police Report (Sec. 251–259): Magistrate explains substance of accusation to
accused, recording plea.
 Otherwise than Police Report: Complaint cases of minor offences; simpler
procedure.

9. Hierarchy of Criminal Courts (CrPC)

1. Supreme Court of India

2. High Courts (State level)
3. Sessions Court / District & Additional Sessions Judge
4. Chief Judicial Magistrate (CJM) / Chief Metropolitan Magistrate
5. Judicial Magistrates First Class (JMFC) / Metropolitan Magistrates
6. Judicial Magistrates Second Class
7. Executive Magistrates (only administrative powers, not trials).

10. Stages of Crime Procedure

1. Commission of offence
2. Filing of FIR / Complaint
3. Investigation (collection of evidence, witness statements, medical reports)
4. Arrest of accused
5. Filing of charge sheet (Sec. 173 CrPC) or closure report
6. Cognizance by Magistrate
 7. Framing of charges
8. Trial (examination-in-chief, cross-examination, re-examination)
9. Final arguments
10. Judgment (conviction/acquittal)
11. Appeal / revision if applicable

11. Definition of Complaint (Sec. 2(d) CrPC)

 Any allegation made orally/written to Magistrate that someone committed an offence,

with a view to his prosecution.
 Does not include police report.

12. Contents of Police Report (Charge Sheet – Sec. 173 CrPC)

 Name, address, details of accused.

 Nature of information (facts of case).
 Witnesses examined.
 Documents collected.
 Whether offence is proved or not.
 Opinion of Investigating Officer.

13. Cross Examination (Sec. 137, 138 Indian Evidence Act)

 Questioning of a witness by the opposite party after examination-in-chief.

 Purpose: test truthfulness, credibility, and reliability of witness.

14. Investigation (Sec. 2(h) CrPC)

 Collection of evidence by police officer.

 Includes: examination of witnesses, search & seizure, medical examination, arrest,
recording statements, and filing report.

15. Framing of Charges

 Formal accusation by court against accused, explaining offence(s) he is to face trial

for.
 Charges framed only if prima facie evidence exists.
16. Stages of Evidence

1. Examination-in-Chief – by party calling the witness.

2. Cross-Examination – by opposite party.
3. Re-Examination – clarification by party who called witness.

B. CIVIL LAW & PROCEDURE

17. Stages of a Civil Suit (under CPC)

1. Filing of plaint.
2. Issuance of summons to defendant.
3. Filing of written statement.
4. Replication by plaintiff (if any).
5. Framing of issues by court.
6. Plaintiff’s evidence.
7. Defendant’s evidence.
8. Cross-examination.
9. Final arguments.
10. Judgment & decree.
11. Execution of decree / Appeal.

18. Set-Off (Order VIII Rule 6 CPC)

 A legal defence by defendant claiming that plaintiff owes him money.

 Example: Plaintiff sues for ₹1,00,000; Defendant proves Plaintiff owes him ₹40,000
→ decree passed only for ₹60,000.

19. Counter-Claim (Order VIII Rule 6A CPC)

 A cross-suit filed by Defendant against Plaintiff in the same proceeding.

 Broader than set-off (can be monetary or non-monetary claim).

20. Complaint to Police vs. Complaint to Magistrate

Police Complaint (FIR/NC):

 Simple, informal; facts of offence, accused details, relief sought.

Magistrate Complaint (Sec. 200 CrPC):

  Formal petition with heading, facts, offences, list of witnesses, prayer, verification.

20. Complaint to Police vs. Complaint to

Magistrate

1. Complaint to Police (FIR / NC Complaint)

🔹 Nature:

 A complaint made to the Police Station when an offence has been committed.
 For cognizable offences, it is registered as an FIR under Sec. 154 CrPC.
 For non-cognizable offences, it is recorded as a Non-Cognizable Report (NCR)
under Sec. 155 CrPC, and police cannot investigate without Magistrate’s order.

🔹 Contents:

 Name, address, and contact details of the complainant.

 Date, time, and place of the incident.
 Description of the accused (if known) or any identifying features.
 Clear narration of facts of the offence in chronological order.
 List of witnesses, if available.
 Description of injury, property loss, or threat caused.
 Relief sought (request to register FIR, investigate, and take action).

🔹 Procedure after complaint:

1. Police record FIR in writing, give a copy free of cost to the complainant.
2. Police start investigation: examine witnesses, collect evidence, arrest accused (if
required).
3. After investigation, submit Charge Sheet (Sec. 173 CrPC) or Closure Report to
Magistrate.

🔹 Key Features:

 Informal in nature – oral or written.

 Usually first step in criminal justice process.
 Less technical/legal drafting required.
 Police initiate investigation immediately in cognizable cases.

2. Complaint to Magistrate (Sec. 200 CrPC – Private Complaint)

🔹 Nature:

 A formal written petition made directly to a Magistrate.

  Filed when:
o Police refuse to register FIR, or
o The offence is non-cognizable, or
o Complainant directly approaches court seeking justice.
 Magistrate takes cognizance of offence under Sec. 190 CrPC.

🔹 Contents:

1. Heading – e.g., “In the Court of Judicial Magistrate First Class at [District]”.
2. Details of Complainant – name, address, occupation.
3. Details of Accused – name, address, description (if known).
4. Jurisdiction – why the court has authority (place of offence, type of offence).
5. Statement of Facts – chronological narration of incident with full details.
6. Legal Provisions Invoked – IPC/other laws violated.
7. List of Witnesses & Evidence – documents, medical reports, contracts, photos, etc.
8. Prayer Clause – specific relief sought, e.g., “It is prayed that this Hon’ble Court may
kindly take cognizance of the offence under Sections … IPC, and issue
summons/warrants against the accused.”
9. Verification – complainant’s declaration that the contents are true to best knowledge.
10. Signature & Date.

🔹 Procedure after filing complaint:

1. Magistrate examines the complainant on oath (Sec. 200 CrPC).

2. Magistrate may call witnesses, or direct police investigation under Sec. 156(3).
3. If sufficient ground is found, Magistrate issues summons/warrant against accused.
4. Case proceeds to trial as a warrant case or summons case depending on offence.

🔹 Key Features:

 Formal and legalistic – must follow court format.

 Requires drafting like a petition.
 Suitable when police fail to act, or offence is non-cognizable.
 Court controls proceedings, not police.

Main Differences (Tabular Form)

Point Complaint to Police (FIR/NC) Complaint to Magistrate (Sec. 200 CrPC)

Informal, first information of

Nature Formal petition before court
offence

Filed before Police Station Magistrate

Applicable FIR → Cognizable, NCR → Non-

Both cognizable & non-cognizable
offences cognizable

Police register FIR/NC and Magistrate takes cognizance, may order inquiry or
Result
investigate summon accused
 Point Complaint to Police (FIR/NC) Complaint to Magistrate (Sec. 200 CrPC)

Formality Simple narration of facts Detailed, legal draft with facts + law + prayer

Police file charge sheet or Magistrate issues summons/warrant or directs

Follow-up
closure report investigation

Certainly! Let's delve into the detailed stages of a criminal trial under the Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS), which has replaced the Criminal Procedure Code (CrPC)
in India. This overview will guide you through the process from the commencement of
proceedings to the final judgment.

1. Registration of FIR (First Information Report)

 Section: 173 BNSS

 Initiation: The process begins when a cognizable offence is reported.
 Action: The police are mandated to register an FIR.
 Timeliness: FIRs must be registered promptly, with specific timelines prescribed for
different offences.
 Digital Integration: BNSS mandates that FIRs be registered online, ensuring
transparency and reducing delays. [Link]

2. Investigation

 Section: 173 BNSS

 Duration: Investigation must be completed within:
o 60 days for offences punishable with up to 10 years.
o 90 days for offences punishable with death or life imprisonment.
 Procedure: Police collect evidence, examine witnesses, and may arrest the accused.
 Forensic Requirement: Mandatory forensic investigation for offences punishable
with seven years or more imprisonment. PRS Legislative Research

3. Filing of Charge Sheet

 Section: 193 BNSS

 Action: Upon concluding the investigation, the police file a charge sheet before the
court.
 Contents: Includes evidence collected, witness statements, and charges against the
accused.
 Timeliness: Must be filed within 60 days for offences punishable with less than 10
years, and within 90 days for more severe offences. Bar and Bench - Indian Legal
news
4. Cognizance by Magistrate

 Section: 210 BNSS

 Action: The magistrate reviews the charge sheet and decides whether to take
cognizance of the offence.
 Outcome: If sufficient grounds exist, the magistrate issues process (summons or
warrant) to the accused.

5. Framing of Charges

 Section: 230 BNSS

 Action: The court formally frames charges against the accused, informing them of the
specific allegations.
 Plea Options: The accused may plead guilty or not guilty.
 Plea Bargaining: First-time offenders may opt for plea bargaining to reduce
punishment, excluding serious offences. [Link]

6. Trial Process
A. Summons Trial

 Applicable: For minor offences.

 Procedure: Simplified process; no formal charge framing required.

B. Warrant Trial

 Applicable: For serious offences punishable with more than 2 years.

 Procedure: Formal charge framing and detailed examination of evidence.

7. Examination of Evidence

 Sections: 59–61 BSA, 266–275 BNSS

 Prosecution Evidence: The prosecution presents its witnesses and documents to
prove the case.
 Cross-Examination: The defence cross-examines the prosecution's witnesses to test
credibility.
 Defence Evidence: The accused may present their own witnesses and documents. Dr.
Abhishek Gandhi

8. Judgment

 Sections: 235–248 BNSS

 Decision: The court delivers its judgment based on the evidence presented.
  Possible Outcomes:
o Conviction: If the accused is found guilty.
o Acquittal: If the accused is found not guilty.

9. Post-Judgment Remedies

 Appeal: The convicted party may appeal the judgment to a higher court.
 Revision: The court may review its own decision in certain circumstances.
 Execution: Implementation of the court's orders, including sentencing.

I. Civil Cases (Under Code of Civil

Procedure, 1908 / BNSS Civil Provisions)

1. Filing of Plaint / Complaint

 Start: When the plaintiff submits a written plaint to the Civil Court (Sec. 26–27
CPC).
 Contents: Parties’ details, cause of action, relief sought, documents, and valuation of
suit.
 End: Court registers the suit and assigns a case number.

2. Issuance of Summons

 Start: After registration, court issues summons to defendant (Sec. 27 CPC).

 Procedure: Summons must be served to defendant, informing them about the suit and
date of appearance.
 End: Defendant receives summons and appears before the court.

3. Written Statement by Defendant

 Start: Defendant files written statement (Sec. 10, 11, Order VIII CPC).
 Contents: Denial or admission of facts, defences, set-off, or counter-claim.
 End: Court verifies compliance and prepares for framing of issues.

4. Replication / Rejoinder

 Start: If plaintiff needs to respond to counter-claim or new facts in written statement.

  End: Court ensures all parties’ pleadings are complete.

5. Framing of Issues

 Start: Court identifies points of controversy (facts and law) based on pleadings.
 Purpose: To decide the points that will be adjudicated.
 End: Issues are finalized for trial.

6. Evidence / Trial
Plaintiff’s Evidence

 Plaintiff presents documents and witnesses (examination-in-chief).

 Defendant cross-examines witnesses to test credibility.

Defendant’s Evidence

 Defendant presents witnesses/documents to support defence.

 Plaintiff may cross-examine witnesses.

Re-Examination

 Clarifications made on prior testimony by both parties.

 End: Court has full evidentiary record for arguments.

7. Final Arguments

 Start: After completion of evidence.

 Content: Lawyers summarize evidence, highlight law, precedents, and reasoning for
relief.
 End: Court prepares to deliver judgment.

8. Judgment & Decree

 Start: Court evaluates evidence against issues framed.

 Possible Outcomes:
o Decree in favour of plaintiff (relief granted).
o Decree in favour of defendant (plaintiff’s claim rejected).
 End: Court delivers formal judgment and decree (Sec. 144, CPC).
9. Execution of Decree

 Start: Decree-holder applies for execution (Order XXI CPC).

 Procedure: Court ensures compliance, attachment of property, garnishee orders, etc.
 End: Relief is implemented, monetary or otherwise.

10. Post-Judgment Remedies

 Appeal: Against decree (Sec. 96 CPC).

 Review / Revision: Limited scope to correct errors (Sec. 114–115 CPC).

II. Constitutional Cases (Under Indian

Constitution & BNSS Constitutional
Provisions)

1. Filing of Petition

 Start: Any individual/group files a petition for:

o Fundamental Rights violations (Art. 32, 226).
o Judicial review, writs, or public interest litigation (PIL).
 Contents: Petitioner details, respondent (government/authority), facts, constitutional
provisions violated, relief sought.

2. Admission of Petition

 Start: Court examines if petition is maintainable.

 End: Court admits or rejects petition.

3. Issuance of Notice

 Start: Court issues notice to respondent/government to respond.

 End: Respondent files counter-affidavit.

4. Hearing & Interim Orders

 Start: Court may grant interim relief (stay orders, injunctions) to protect rights.
  End: Interim order effective until final judgment.

5. Examination of Evidence / Arguments

 Start: Court hears arguments, may call for documents, reports, or expert opinions.
 Content: Legal interpretation, precedent analysis, examination of constitutional
validity.
 End: Arguments concluded; case ready for judgment.

6. Judgment

 Start: Court evaluates facts, law, and constitutional provisions.

 Possible Outcomes:
o Writ issued (e.g., habeas corpus, mandamus, certiorari).
o Petition dismissed.
o Declaration of law or strike down of unconstitutional law.

7. Appeals / Review

 Start: Higher courts (High Court → Supreme Court) review lower court orders.
 End: Final decision by apex court becomes binding.

✅ Summary Table: Civil vs Constitutional Case

Stage Civil Case Constitutional Case

Filing Plaint in Civil Court Petition in High/Supreme Court

Notice Summons to Defendant Notice to Respondent Govt/Authority

Pleadings Written Statement, Replication Counter-affidavit by Respondent

Issues Framed by Court Constitutional Questions framed

Evidence Witnesses & Documents Affidavits, Expert Reports

Arguments Final arguments by lawyers Legal submissions, precedents

Judgment Decree (relief granted/denied) Writ/order/constitutional declaration

Execution Execution of decree Implementation of court order

Appeal Higher Civil Court Supreme Court / Appellate Jurisdiction