Questions and answers on law (Part 85)

Q 1:- What is the meaning of legality Propriety and Correctness ? explain it with reference to indian law?

Ans:  In Indian procedural law, the expressions “legality, propriety and correctness” are used mainly to describe the grounds and limits of revisional/supervisory jurisdiction—i.e., when a higher court can interfere with an order of a subordinate court.

Where these words appear

1. Criminal revision (CrPC): Section 397(1) of CRPC {S 438 BNSS} empowers the High Court/Sessions Judge to call for the record to satisfy itself about the “correctness, legality or propriety” of any finding/sentence/order (and regularity of proceedings).

2. Civil revision (CPC): Section 115 CPC uses a closely related control formula—jurisdictional errors and whether the subordinate court acted “illegally or with material irregularity,” i.e., revisional correction is not a full re-hearing on facts.​

Meaning in practice

1) Legality

“Legality” focuses on whether the order is according to law—for example, whether the court applied the correct statutory provision, followed mandatory legal requirements, or stayed within the powers given by law.​

Illustration: If a Magistrate passes an order without having legal power/jurisdiction to do so, it is a legality defect and can attract revisionary correction.​

2) Propriety

“Propriety” is about whether the order is proper/appropriate in the circumstances—often linked to judicial discretion, fairness, and whether the court’s approach is defensible even if not strictly “illegal.”​

In criminal revision, this is why revisional courts are described as correcting “patent defects” or perversity and ensuring justice, but not acting like an appellate court to re-try the case.​

3) Correctness

“Correctness” addresses whether the conclusion/order is right on the record—e.g., whether it is perverse, ignores relevant material, relies on no evidence, or reflects arbitrary exercise of discretion.​

Even here, revision is still limited: the revisional court generally corrects clear errors apparent from the record rather than conducting a full re-appreciation of evidence like an appeal.​

How courts distinguish (especially in civil revision)

Under Section 115 CPC, higher courts have repeatedly emphasized that “illegally” and “material irregularity” are not meant to correct every wrong conclusion on facts or law; they refer to the manner in which the decision is reached (serious procedural/jurisdictional defects), not merely that the decision is “wrong.”​

One-line takeaway

• Legality = lawful authority and compliance with law.​

• Propriety = appropriateness of exercise of discretion/fairness.​

• Correctness = whether the result is right on the record (no perversity/patent error)​

In BNSS, “legality, propriety and correctness” are the three filters a revisional court uses to decide whether to interfere with a lower criminal court’s order. This comes from Section 438 BNSS, which allows the High Court/Sessions Judge to call for records to check the “correctness, legality or propriety” of any finding/sentence/order (and the regularity of proceedings).​

Basic  concept 

Revision is supervision, not a second appeal. The revisional court does not re-try the case; it steps in mainly to correct patent errors that affect justice—illegal orders, improper exercise of discretion, or clearly wrong/perverse conclusions visible from the record.​

1) Legality = “Is it as per law?”

Checks jurisdiction and legal compliance: Did the court have power, apply the right provision, follow mandatory procedure, and stay within legal limits?

If the order is without authority or contrary to an express legal bar, it fails on legality.

2) Propriety = “Is it proper and fair?”

Even if lawful, was the decision appropriate in the circumstances—was discretion exercised on relevant grounds, with reasons, and without arbitrariness?

Propriety is the “fairness/fitness” check on judicial discretion (especially where two views are possible, but the chosen view is unreasonable).

3) Correctness = “Is it right on the record?”

Looks for obvious wrongness: perverse finding, ignoring material, relying on no evidence, or a conclusion that no reasonable court would reach on the record.

It is not a full re-appreciation of evidence like an appeal; it is a limited correction of manifest error.

One-line test to speak in interview

“Under Section 438 BNSS, revision is to see whether the impugned order is legal (within law), proper (sound exercise of discretion), and correct (not perverse/manifestly wrong), because revision is supervisory and not an appeal in disguise.”

Quick mnemonics + example

Mnemonic: “LPC = Legal, Proper, Correct.”

Example frame (any order): If a Magistrate’s order is beyond power → legality; if reasons are absent/irrelevant or discretion is arbitrary → propriety; if it ignores key material and becomes perverse → correctness.

In Ndps act generally what defence is taken by accused? explain.

Q 2:- In Ndps act generally what defence is taken by accused? explain.

Ans:-Common defences in NDPS Act cases challenge procedural compliance, evidence reliability, and statutory presumptions. These are structured point-wise for clarity, drawing from judicial precedents and legal strategies.

Procedural Irregularities

• Failure to comply with Section 50(2): No search before gazetted officer or magistrate; renders recovery invalid.

• Non-adherence to Section 52A: Improper seizure, sampling, or forwarding to FSL without witnesses.

• Absence of independent witnesses under Section 100 CrPC; police witnesses alone insufficient.​

Evidence Integrity Issues

• Chain of custody breaks: Tampering, delay in FSL reports, or unsealed samples.

• Uncorroborated confessions under Section 67 (post-Tofan Singh v. State): Not sole basis for conviction.​

• Lack of conscious possession/knowledge: Contraband in common areas or planted (Section 27 exception).

Rebuttal of Presumptions

• Section 54 (possession presumption): Rebutted by preponderance of probabilities; prosecution proves recovery first.

• Section 35 (guilty mind): Accused leads evidence of innocence, alibi, or lack of intent.

• Commercial quantity under Section 37: Challenge quantity measurement or small sample non-representative.​

These points form the core "attack outlines" for trials, bail hearings, or appeals, often leading to acquittals when doubt is raised.

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