Adv. Puneet Thakur and Associates
Legal Notice: An Overview
A legal notice is a formal communication sent by one party to another to inform them of a grievance or impending legal action. It acts as a preliminary step in resolving disputes before approaching the court. Legal notices are often used in matters such as property disputes, recovery of dues, breach of contract, consumer complaints, and matrimonial disputes
Key Features of a Legal Notice
Formality:
A legal notice is drafted on behalf of a party by their advocate and includes specific legal language.
Purpose:
• To give the opposing party an opportunity to resolve the matter amicably.
​
• To serve as evidence of good faith before initiating litigation.
Content:
It outlines the details of the dispute, legal rights of the sender, and the action required by the recipient.
Timeline:
Typically, a legal notice provides the recipient with a specified period (e.g., 15-30 days) to respond or comply with the demands mentioned.
How a Legal Notice Can Help You
Prevents Litigation:
Many disputes are resolved at this stage, avoiding the need for lengthy and expensive court proceedings.
Provides Clarity:
Legal notices clearly outline the issues and demands, minimizing confusion and miscommunication.
Serves as Evidence:
A legal notice is admissible in court to show the sender’s effort to resolve the issue outside of litigation.
Establishes Intent:
It shows the seriousness of the sender and puts the opposing party on notice about potential legal consequences.
Strengthens Negotiation:
Sending a legal notice demonstrates a strong legal position, encouraging the recipient to settle amicably.
Time-Sensitive Action:
By setting a deadline, a legal notice ensures timely action by the recipient, expediting the resolution process.
-
Substantive Law• Substantive criminal law defines various offenses and prescribes punishments for each crime. • The primary legislation is the Bharatiya Nyay Sanhita (BNSS), 2023, which has replaced the Indian Penal Code (IPC). The BNSS categorizes crimes into various offenses such as: • Offenses against the State: Treason, sedition, etc. • Offenses against the Human Body: Murder, assault, kidnapping, etc. • Offenses against Property: Theft, robbery, criminal trespass, etc. • Offenses against Women: Rape, dowry harassment, domestic violence, etc. • Economic Offenses: Fraud, forgery, counterfeiting, etc.
-
Procedural Law• Procedural law lays down the rules and processes for investigating crimes, filing cases, conducting trials, and executing sentences. • Key procedural laws in India include: • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure (CrPC). • Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced the Indian Evidence Act, 1872, and governs the admissibility and evaluation of evidence.
-
Punishments Under BNSS• Imprisonment (simple or rigorous). • Fines. • Forfeiture of property. • Death penalty (in rarest of rare cases).
