Types of Litigation in India: A Comprehensive Overview

India has a large and complex legal system that deals with many different types of disputes. People, businesses, organisations, and government authorities may become involved in legal proceedings for different reasons. Understanding the major types of litigation can help individuals and businesses know which legal process may apply to their situation.Litigation means resolving a legal dispute through a court or legally established judicial forum. It generally involves two or more parties presenting their arguments, documents, evidence, and legal claims before the appropriate authority. 

After considering the case, the court gives its decision according to the applicable law.The Indian judicial system has the Supreme Court at the highest level, followed by High Courts and various district and subordinate courts. Specialised tribunals and commissions also deal with particular categories of disputes.

1. Civil Litigation

Civil litigation deals mainly with disputes between individuals, businesses, organisations, or other private parties. These cases generally do not involve criminal punishment. Instead, the purpose is usually to protect a legal right, recover money, obtain compensation, or prevent another party from taking an unlawful action.

Civil cases are generally governed by the Code of Civil Procedure, 1908, along with other applicable laws.

The person who files a civil case is generally known as the plaintiff, while the person against whom the case is filed is called the defendant.

Common civil litigation matters include:

Property Disputes

Property disputes are common in India. They may involve ownership, possession, property boundaries, partition, inheritance, or disputes relating to property documents.

Contract Disputes

A contract dispute may arise when one party does not follow the terms of an agreement. The affected party may seek compensation, enforcement of the agreement, or other appropriate legal remedies.

Family and Matrimonial Disputes

Family litigation may include divorce, child custody, maintenance, adoption, succession, and other family-related matters. Depending on the circumstances, such cases may be handled by Family Courts or other competent courts.

Succession and Probate Matters

Disputes concerning wills, inheritance, distribution of property after death, and validation of wills may require legal proceedings. The applicable law can depend on the circumstances and personal law of the parties.

Personal Injury and Civil Wrongs

Civil courts may also deal with claims arising from negligence, defamation, nuisance, and other civil wrongs where a person seeks compensation or another legal remedy.

Civil cases may be appealed to a higher court when the law permits.

2. Criminal Litigation


Criminal litigation deals with offences that are considered wrongs against society or the state. Criminal proceedings are generally initiated through the state machinery, with the prosecution attempting to establish that an accused person committed an offence.

The purpose of criminal law is to protect society, punish offenders according to law, discourage criminal activity, and maintain public order.

Changes in Criminal Laws

India introduced three important criminal laws on July 1, 2024:

Bharatiya Nyaya Sanhita, 2023 (BNS)
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Bharatiya Sakshya Adhiniyam, 2023 (BSA)

These laws replaced the earlier Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act for matters to which the new framework applies.

The BNS primarily deals with offences and punishments. The BNSS deals with criminal procedure, while the BSA deals with rules relating to evidence.

A criminal case may involve several stages, including registration of an FIR where applicable, investigation, collection of evidence, filing of a charge sheet, consideration of charges, trial, judgment, and appeal.

Criminal offences may also be classified as cognisable or non-cognisable and bailable or non-bailable, depending on the provisions applicable to the particular offence.

3. Commercial Litigation

 

Commercial litigation concerns disputes arising from business and commercial activities. It is a specialised area of civil litigation and may involve companies, partnerships, financial institutions, investors, suppliers, and other business entities.

Commercial Courts were established under the Commercial Courts Act, 2015 to deal with specified commercial disputes.

Examples of commercial disputes include:

  • Breach of business contracts
  • Shareholder disputes
  • Business and partnership disputes
  • Intellectual property disputes
  • Insurance-related business disputes
  • Commercial property disputes
  • Import and export disputes
  • Business transaction disputes

Commercial litigation generally follows specific procedural requirements designed to make the resolution of commercial disputes more efficient.

In certain circumstances, parties are also required to consider pre-institution mediation before filing a commercial suit.

4. Constitutional Litigation and Writ Jurisdiction

Constitutional litigation deals with questions relating to the Constitution of India and the protection of constitutional and fundamental rights.

The Supreme Court and High Courts have important powers to issue writs under Articles 32 and 226 of the Constitution.

The five commonly recognised writs are:

Habeas Corpus : This writ may be used in appropriate circumstances to challenge unlawful detention and seek the release of a person who is illegally detained.

Mandamus

Mandamus may be issued to require a public authority to perform a legal duty when the required legal conditions are satisfied.

Certiorari

Certiorari may be used by a higher court to examine and, where legally justified, quash an unlawful order of a lower court, tribunal, or authority.

Prohibition

This writ may be issued to prevent a lower court or tribunal from acting beyond its legal jurisdiction.

Quo Warranto

This writ examines whether a person has the legal authority to occupy a public office.

Constitutional litigation can therefore play an important role in protecting individual rights and ensuring that public authorities act within the limits of law.