Section 4 of The Specific Relief Act, 1963
Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws.
Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
Summary
- This law can only be used to protect and enforce individual private civil rights.
- This law cannot be used for the sole purpose of enforcing criminal or penal laws.
- It draws a clear line between civil court remedies and criminal court punishments.
Practical examples
FAQ
1. What does the term civil rights mean under this section?
It refers to private, individual legal rights belonging to a person, such as property ownership or contract rights.
2. What happens if an act violates both a civil right and a criminal law?
You can still get specific relief, but only to enforce your individual civil right, not to enforce the criminal punishment.
Test yourself
1.Under Section 4 of The Specific Relief Act, 1963, what is the sole purpose for which specific relief can be granted?
2.Under Section 4 of The Specific Relief Act, 1963, why would a civil court refuse a suit filed solely to stop someone from committing a minor theft?
3.Under Section 4 of The Specific Relief Act, 1963, what kind of rights does a plaintiff need to assert to claim relief?
4.Under Section 4 of The Specific Relief Act, 1963, how does this provision affect criminal prosecutions?