AIBE Fundamentals — Core Legal Subjects
Constitutional Law Quick Reference
Fundamental Rights (Articles 12–35)
| Article | Right | Key Points |
|---|
|---------|-------|------------|
| 14 | Equality before law | Applies to all persons, not just citizens. Prohibits arbitrary classification |
|---|---|---|
| 15 | Non-discrimination | On grounds of religion, race, caste, sex, place of birth. Art 15(3): special provision for women/children |
| 16 | Equal opportunity in public employment | Reservations permissible under 16(4) |
| 19 | Six freedoms | Speech, assembly, association, movement, residence, profession — all with reasonable restrictions |
| 20 | Protection in conviction | No ex post facto law, no double jeopardy, no self-incrimination |
| 21 | Right to life | Most expanded FR — includes privacy, livelihood, speedy trial, education |
| 21A | Right to education | Free and compulsory education 6–14 years |
| 22 | Protection against arrest | Must be informed of grounds, right to legal counsel, produced before magistrate within 24 hours |
| 25–28 | Religious freedom | Freedom of conscience, right to manage religious affairs |
| 32 | Right to constitutional remedies | Direct approach to SC for FR violation. Five writs |
Five Writs — Quick Recall
Habeas Corpus — produce the body (detention)
Mandamus — command a duty (public body failing duty)
Prohibition — stop inferior court (excess jurisdiction)
Certiorari — quash inferior court order (error/excess)
Quo Warranto — by what authority (public office challenge)
BNS 2023 — Key Offences (Replaces IPC 1860)
| BNS Section | IPC Equivalent | Offence |
|---|
|-------------|---------------|---------|
| 101 | 302 | Murder — death sentence or life imprisonment |
|---|---|---|
| 103 | 304 | Culpable homicide not amounting to murder |
| 109 | 307 | Attempt to murder |
| 115 | 323 | Voluntarily causing hurt |
| 118 | 326 | Grievous hurt by dangerous weapons |
| 63 | 375 | Rape |
| 64 | 376 | Punishment for rape — minimum 10 years |
| 74 | 354 | Assault on woman to outrage modesty |
| 318 | 420 | Cheating |
| 303 | 378 | Theft |
| 305 | 380 | Theft in dwelling |
| 308 | 383 | Extortion |
| 309 | 384 | Punishment for extortion |
| 310 | 385 | Dacoity |
| 351 | 499 | Defamation |
| 196 | 153A | Promoting enmity between groups |
| 152 | 124A | Sedition equivalent (acts against sovereignty of India) |
Key Concepts
Mens rea (mental element):
•Intention — highest culpability (murder requires intention)
•Knowledge — knew consequences likely (culpable homicide)
•Recklessness — conscious disregard of risk
•Negligence — failure to exercise reasonable care
Common intention vs common object:
•Sec 3(5) BNS (old Sec 34 IPC): Common intention — prior meeting of minds, all equally liable
•Sec 190 BNS (old Sec 149 IPC): Unlawful assembly — 5+ persons, common object, every member liable
Contract Act 1872 — Essentials
Valid contract requires (Sec 10):
1.Offer (Sec 2(a)) + Acceptance (Sec 2(b)) = Agreement
2.Lawful consideration (Sec 2(d)) — quid pro quo
3.Competent parties (Sec 11) — major, sound mind, not disqualified
4.Free consent (Sec 14) — no coercion, undue influence, fraud, misrepresentation, mistake
5.Lawful object (Sec 23) — not forbidden, fraudulent, against public policy
6.Not expressly declared void (Sec 24–30)
Types of contract:
•Void contract (Sec 2(j)): No legal effect from the beginning (e.g. contract with minor)
•Voidable contract (Sec 2(i)): Valid but can be rescinded by aggrieved party (e.g. undue influence)
•Illegal contract: Not enforceable + collateral agreements also void
Breach and remedies (Sec 73–75):
•Damages — compensation for loss naturally arising from breach
•Specific performance — court orders actual performance (Specific Relief Act)
•Injunction — court restrains breach of negative stipulation
•Quantum meruit — payment for work already done before breach
Indian Evidence Act / Bharatiya Sakshya Adhiniyam 2023
Burden of proof (Sec 101–111 IEA / corresponding BSA sections):
•Whoever asserts a fact must prove it
•In criminal cases: prosecution must prove beyond reasonable doubt
•In civil cases: plaintiff proves on balance of probabilities (preponderance)
Relevant facts (Sec 6–55 IEA):
•Facts forming part of same transaction (res gestae) — Sec 6
•Facts showing motive, preparation, conduct — Sec 8
•Facts making existence of other facts probable/improbable — Sec 11
•Admissions (Sec 17–23): statements against own interest, relevant but not conclusive
•Confessions (Sec 24–30): only to magistrate are fully admissible; to police — only if leads to discovery (Sec 27)
Electronic evidence — Sec 65B IEA / Sec 63 BSA:
•Electronic record is admissible if accompanied by a certificate
•Certificate must state: computer used in ordinary course, output represents stored info, computer was functioning properly
•Landmark: Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal (2020): certificate mandatory, without it evidence inadmissible
CPC — Civil Procedure Quick Reference
Jurisdiction: Courts can only hear cases they have authority over:
•Subject-matter — Family courts for matrimonial disputes, Consumer commissions for consumer disputes
•Territorial — defendant resides or cause of action arose within court's area
•Pecuniary — monetary value within court's limit
Res judicata (Sec 11): Same matter cannot be litigated again between same parties once finally decided.
Res sub judice (Sec 10): Court will stay suit if same matter pending in another court.
Temporary injunctions (Order 39): Three conditions:
1.Prima facie case in favour of plaintiff
2.Irreparable injury if not granted
3.Balance of convenience in plaintiff's favour