Last minute Study Guide for AIBE-4 (Part 2)

Carry-in materials and study techniques

LAST MINUTE STUDY

GUIDE for the
New Bar Exam (AIBE 4)
- Part 2
(Carry-in Materials and Study
Techniques)

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Last minute Study Guide for AIBE-4 (Part 2)
Carry-in materials and study techniques

The 4-Step Guide for the New Bar Exam

(This part will be relevant for you only after you have read Part 1 of this report)

After reading Part 1 of the Last Minute Study Guide, you should have a fair idea of the
different kinds of questions that were asked in the new model bar exam. Now, you need to
create a strategy for answering the questions. Since this is an open book exam, you should not
waste your time memorizing or cramming section numbers or case law, because frankly
speaking, there is no guarantee that you will be able to even glance through the volume of
information that you could possibly be tested on, let alone recall the correct answer on the
day of the exam.

Instead, you should focus on a strategy that is more effective. Since this is an open book
exam, you will be able to carry-in reading materials to the hall. Therefore, you should try to
build the confidence to find the answer to any type of question that may be asked in the
exam hall itself, within the allotted time (of about 1 minute 40 seconds per question on an
average). For this purpose, in this part of the report we have tried to develop a strategy for
you that makes you feel confident about tackling different types of questions in the exam
with the aid of carry-in materials.

This part of the report discusses what materials you should carry into the examination hall,
how to familiarize yourself with the material so that you can use it to answer questions with
the required speed and accuracy, and what preparation you need to do beforehand to be
confident in the examination hall.

Step 1 – Prioritizing the subjects and creating a study plan

A quick glance at the new syllabus will indicate that not all subjects carry equal marks. Focus
on the crucial subjects. Leave out those which are not there in the new syllabus. Subjects
which carry very few marks may be studied last if you have time left.

a) Subjects which are not there in the new syllabus, but were there in the previous syllabus

(Note: You do not need to study these at all)

 Public International Law

 Taxation

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 Human Rights

 Environmental Law

 Drafting, Pleading and Conveyancing (though some parts of drafting and pleadings
may be covered under CPC)

b) Subjects which should be studied last (i.e. only if you have time to study before the exam)

Since you have less time to prepare, the best way to optimize your preparation is by leaving
subjects which have too few marks allotted for the exam for the last, so that you can focus on
those which carry more marks.

 Limitation Act – 2 marks

 Administrative law – 3 marks

If you don’t have sufficient time, even by leaving out these two subjects, you will only lose 5
marks if you are not able to answer any question on these subjects in the exam (assuming
BCI follows the marks allocation under the new syllabus and limits the questions asked on
these subjects to 5 marks).

This leaves you with 13 subjects to study. Within this set of 13 subjects, prioritize your
study.

c) Critical subjects
Focus on the critical subjects first, that is, subjects that carry the most marks. Which
subjects are those?
1. Contract (20 marks in total)

2. Constitutional Law (10 marks)

3. Civil Procedure Code (10 marks)

4. Code of Criminal Procedure (10 marks)

5. Evidence (8 marks)

6. Indian Penal Code (6 marks)

These subjects carry 64 marks totally.

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If you study these 6 subjects properly, and attempt them with 65% accuracy in the
examination hall, you will score over 40 marks, i.e. you will pass. In the absence of any
detailed syllabus from the BCI, we have tried to compile a tentative list of concepts which
you must prepare for the 6 subjects pointed out above. These are mentioned in Annexure A.
You should go about learning these concepts first.

For practise on the remaining subjects, you can go through the old BCI materials and practice
from the old mock tests on BarHacker.

d) After studying the critical 6 subjects mentioned above, you can then proceed with the
second set of 7 subjects, as below:
 Law of Tort, Motor Vehicle Accidents, Consumer Protection Law
Tort law is very important (it carries 6 marks as per the new syllabus). Having a basic
conceptual understanding and taking the right carry-in materials (discussed below
should be helpful).
 Labour + Industrial Laws
 Family Law
 Company Law
 ADR + Arbitration Act
 Professional Ethics

For preparation of these subjects, see list of reading material at the end of Part B.

Step 2 – Know the techniques to answer the questions

In sum, there are only 3 ways you can answer a question (this includes all the types of
questions in Part 1 of this report) –

1. By referring to bare acts

2. By referring to commentaries

3. From memory

If this was like any other exam, you would have had to rely on your memory to answer
all the other questions.

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Thankfully, unlike any other exam, the Bar Exam is an open book exam. Therefore, you
should be able to look for more efficient techniques to answer such questions.

Answering from memory is the least efficient technique with low rewards, and imposes most
burden at the time of preparation (imagine having to read each of these subjects exhaustively
and memorise important stuff). There is also no guarantee that questions will be asked only
from what you have studied, or that you will be able to recall the answers. Therefore, since
this is an open book exam, your goal should be to answer as many questions as possible by
being able to quickly refer to bare acts and commentaries for the questions.

Now, we will address how to answer questions by referring to bare acts. For the purpose of
the discussion below, you should keep Part I of this report, containing different kinds of
questions handy.

5 out of the 11 types of questions mentioned in Part 1 can be comfortably answered by

referring to bare acts. You will be surprised to know that such questions comprised over 60%
of the new model bar exam paper. This means more than 60% questions can be answered
relying on the study material you carry – while you may still be able to answer the rest based
on your existing knowledge and through educated guesses even when you don’t know or can
not look up the correct answer.

A. How to use bare acts

Most bare acts have an index at the beginning of the act. Go through the main index page of
the bare acts first. You can then browse through the entire bare act as well to reinforce the
structure in your mind. Start with the essential bare acts (i.e. for the 6 subjects listed above),
go through the index page of the bare act, the chapter headings and the section headings (i.e.
marginal notes).

Please do not try to memorize the structure of the bare act or mug up section numbers,
that is totally unnecessary and wastage of time at this stage. Also, it is not necessary to
read each provision of the act. You should read when the provision deals with concepts, or
where situation-based questions can be framed from there (e.g. jurisdiction related questions
in CPC, or questions related to the ingredients of a particular offence in IPC). You should
only familiarize yourself with the structure of the bare act, the chapter heads and read the

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section headings, so that you know which issues are addressed in the bare act, and which are
not.

We will explain how bare acts can be used to answer the important questions.

Questions on a particular section number of a statute, i.e. direct questions (type 1 in the
previous report)

In such questions the section number is directly mentioned either in the question or in the
answer options.

Example

87. Section 2 (K) of the Factories Act 1947 relates to:

A) Manufacturing Process

B) Factory

C) Worker

D) None of these

54. Which Section of the Specific relief Act provides for rights of purchaser or lessee against
person with imperfect title in respect of immovable property:

A) Sec. 13

B) Sec. 14

C) Sec. 15

D) Sec. 16

Comment: In such questions, you just need to refer to the sections quickly and mark the one
that is correct. We have not illustrated all examples of such questions here, as they have been
listed in detail in Part 1 of this report.

Questions which can be answered by referring to specific sections of a statute (type 2)

These questions may require you to have prior conceptual understanding or an idea of where
to find the relevant provisions in a particular act, but once you have that, you can easily find
the answers.

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Some of these questions could either be conceptual in nature or ask you technical points.
Sometimes, these appear to test you on trivia, but remember that these can be answered by
referring to the bare act, if you have a prior understanding of what matters are addressed
under the bare act.

Several procedural and technical questions can be answered by referring to the bare act
directly. All you need to know is the structure of the bare act. Many questions from CPC,
CrPC, Evidence and Factories Act could be from here, as in the model test paper. We have
demonstrated how you can use this skill to solve questions of the new model bar exam below.

For example, read the three questions below:

23. A Metropolitan Magistrate is equivalent to?

A) Judicial magistrate of the First Class.

B) Judicial magistrate of the Second Class.

C) Either (a) and (b).

D) None of the above.

24. For appointment of a Special Public Prosecutor, how many years of experience is
required as a practicing Advocate?

A) 7 years.

B) 10 years.

C) 15 years.

D) 5 years.

25. Which of the following sentence may be passed by a Magistrate of Second Class?

A) Imprisonment for a term not exceeding two years.

B) Imprisonment for a term not exceeding one years.

C) Imprisonment for a term not exceeding six months.

D) Only a fine not exceeding five thousand rupees.

Comments:

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The three questions above refer to the correlation in rank between an ordinary magistrate with
a magistrate in metropolitan areas, the experience of a special public prosecutor and
sentencing powers of a magistrate.

If you take a look at the outline of the Code of Criminal Procedure (CrPC), you will see that
Chapter II contains the following provisions – Section 16 relating to the courts of
metropolitan magistrates. You are likely to be led here, but this section does not contain the
answer. Next, go back to the index and take a look at Chapter III, which is on the ‘Powers
of Courts’. Since this is a question on the correlation the powers of two kinds of magistrates
you may be able to find the answer here. Section 29 titled ‘Sentences with Magistrates may
pass’ states that a Metropolitan Magistrate has the same powers as that of a Judicial
Magistrate of the First Class, which is the answer.

The third question can also be solved in the same way – the index of CrPC will show that it
only contains provisions on Public Prosecutors, Assistant Public Prosecutors and
Directorate of Prosecution (Sections 24 to 25A). At first glance itself, you should be able to
narrow down on these three sections. Next, when you start reading Section 24 on ‘Public
Prosecutors’, you will find the answer to the question on the eligibility requirements for a
special public prosecutor.

After having already gone through Section 29, answering the question on the sentence that a
Judicial Magistrate of the Second Class can pass should be fairly easy. The provision
contains a direct answer.

Just like the mock exam, in the real exam too there is a likelihood of multiple questions being
asked from the same provision. These questions may also be adjacent to one another, which
will provide you enough cues on how to solve them. You should try to identify such
questions.

Example

Take a look at the following question -

89. For contravention of provisions of Factories Act or Rules, the occupier shall be liable for
punishment up to

A) 2 years or fine up to Rs.1,00,000 or both

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B) 6 months or fine upto 10, 000 or both

C) 3 three years or fine 10, 000 or both

D) None of these

Comment

If you read a few bare acts, you will know that in every bare act (other than the IPC which
contains penal provisions throughout), there is one independent section (or a separate chapter,
often towards the end) which states the punishment for violation of the act and its rules. For
example, the last part of the Companies Act (Part XIII) and the last chapter of the Negotiable
Instruments are related to offence and penalties. Similarly, most compliance-oriented laws
(including labour laws) also have such provisions. Similarly, the Factories Act has 11
chapters, and chapter 10 is titled ‘Penalties and Procedures’. Section 92 is the first provision
in that chapter, which contains the answer.

This is not some kind of special knowledge which only experts possess – once you start going
through the bare acts you will start noticing such trends on your own. You may already know
some of these, for example you may be aware that definitions in any act are usually covered
in Section 2 or Section 3.

Example

Let’s try to solve another question from the model test paper:

85. The space for every worker employed in the Factory after the commencement of
Factories Act, 1948 should be ________ Cubic Meters.

A) 9.9

B) 10.2

C) 14.2

D) 13.2

Comment

While this appears to be a question testing knowledge of trivia, there is a way to answer it
correctly without having to memorize these numbers or sections numbers. If you had gone

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through the Factories Act, you will realize that Chapter III contains several health-related
stipulations. In the index itself, you will find that Section 16 is titled ‘overcrowding’, which
has the answer to this question.

Application questions and conceptual questions

Example

17. X is living in Pune and Y, his brother in Mumbai. X wants to file a suit for partition of
their joint property situated in Delhi and Bangalore.

A) The suit may be instituted in Delhi only.

B) The suit may be instituted in Bangalore only.

C) The suit may be instituted either in Delhi or Bangalore.

D) None of the above.

Comment:

The above question is an application based question – you will only be able to solve it if you
already know the answer, or if you know which part of the CPC deals with jurisdiction of
courts in situations where the property is situated in multiple locations.

This is a concept based question and if you have studied the concepts related to jurisdiction
carefully, you may not need to refer to the bare acts at all. However, tricky questions can
always be framed on issues related to jurisdiction. Therefore, even if you know the answer,
confirming it may be a good idea for most people. To locate the answer in a bare act, you
need to be able to first identify that this is a question in relation to jurisdiction with respect to
disputes related to property, and that it is from CPC. Once you do that, you can refer to the
contents portion of the bare act. You will see that Part I has a set of sections under the head
‘Place of suing’, and that Section 17 is titled ‘Suits for immovable property situated within
jurisdiction of different courts’. You will find out that this section contains your answer. You
did not even have to read the sections in detail to find this.

Note: Some conceptual questions can be answered by referring to bare acts, provided you
have an idea of the bare act (see type 2 questions above). Looking for answers without

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having a prior idea of the bare act may lead to unnecessary wastage of time. A question on
the ingredients of a breach of trust, or theft could be an example.

Definition based questions (type 7)

A definition question may not always directly refer to a section. It may appear as a
conceptual question to an uninitiated person. Identification of a definition-type question is the
first step to solving the question. It is possible to identify a definition based question by
finding technical terms or long/ formal language in the options. In the questions below

Example

39. An Agreement is :

A) Every promise and every set of promises forming the consideration for each other.

B) Every promise to do something or to abstain from doing something.

C) Signification by one person of the intention to abide by the promise.

D) Promise against a promise.

Comment: This question clearly indicates that this is a definition based question. If you have
read the Contract Act before, you can solve this question by referring once again to the
definition of agreement under Section 2 of the act.

Example

31. Under the Indian Evidence Act, the term ”fact” includes?

A) Facts in issue and relevant facts.

B) Principal facts and evidentiary facts.

C) Factum probandum and factum probans.

D) All of the above.

Comment: In the above question, the question stem as well as use of phraseology such as
‘facts in issue’, ‘principal facts’, ‘evidentiary facts’, ‘factum probandum’ in the options
should indicate that this is a definition type question. Of course, some of the formal or Latin
terms have only been inserted as red-herrings to mislead the non-serious student. If you are

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unsure of the exact answer, you can avoid being misled by the options by simply confirming
the definition from the bare act.

Illustration based questions (type 9)

We strongly advise you to go through the illustrations in the bare acts, especially Contract
Act, Indian Penal Code, Evidence Act and Civil Procedure Code. Those who set question
papers often borrow illustrations directly from the act. Sometimes they frame problems
around question papers. Secondly, reading illustrations is also a great way to learn the
concepts.

‘Accuracy-of-statement’ type questions (type 5)

These questions can be very time consuming, as they often test you on multiple concepts.
You can solve them only if you have a sound understanding of the concepts or if you can find
your way around the bare act extremely well, enough to look up several options in limited
time. Questions of this type are usually very few in the exam, the new model test paper had
only a handful of them. You should spend time attempting these only if you know the
concepts, else you should make educated guesses and move on.

B. Using other materials for preparation and answering questions

i) Subjects which do not have a bare act

You have seen how different kinds of questions can be solved by referring to bare acts.
However, the subjects listed below cannot be studied from bare acts. For these subjects, we
suggest that you use some preliminary study material, as described below:

 Torts (except consumer protection and Motor Vehicles Act, which are also included
in the torts syllabus by BCI)
As per the new syllabus, the law of torts carries 6 marks. This is the most important
subject which does not have a bare act, and you should carry a textbook in the exam
hall for it - an R. K. Bangia or a Jhabvala should do. The old BCI - Rainmaker
material will also help you in recollection of the key tort law principles. There may be
case law based questions, which are very easy to look up from Bangia by following

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the case index provided in the book. However, before carrying a book ensure that the
edition you are carrying indeed has a case index in it.
 Professional ethics (except Advocates Act)
Apart from carrying the Advocates Act (which is there in the Central Civil Acts
Manual), carry a printout of Chapter VI, and read the old BCI material to grasp the
concepts.
 Jurisprudence
This is a difficult subject to read up in a short time – unless you are already decently
familiar with it. We advise you to read the old BCI material to brush up on this
subject. You may carry it too – but there is no guarantee that the few questions asked
on this subject will come from the material. However, marks allocated is very less –
so no need to worry. Make sure you do not waste time on these questions if you do
not already know the answer. However, completely ignoring this subject during
preparations if you are weak with the other important subjects may be a good idea
given the allocation of marks.
 Administrative Law
For jurisprudence and administrative law, carry the old BCI material. You may
consider reading a Jhabvala if you have time.

ii) Subjects which have bare acts

For the other subjects (i.e. those which have bare acts), using study material (see the detailed
list below) is relevant for being able to answer the conceptual questions. It may also enable
you to understand structure of the bare act faster because studying from a bare act can be
monotonous, bare acts are systematically or logically arranged (e.g. a criminal proceeding
under Indian law starts from lodging an FIR or by filing a complaint with the magistrate, but
these provisions are mentioned after Section 150 of the CrPC, instead of being there at the
beginning). Therefore, you may use basic study material to understand the key concepts in
the bare acts. Studying the concepts will help you in answering:

 Conceptual questions

 Problem/ situation based questions

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 Accuracy-of-statement type of questions (it will increase the possibility of yours

knowing the answer to such questions)

 Case law related questions (if the case law pertains to important concepts), and

 To familiarize yourself with bare acts more efficiently.

We are strongly against using advanced textbooks for any of the subjects at this
moment. For your convenience, we have devised a list of the basic reading material below, in
addition to the bare acts. You should definitely use these for the subjects which do not have
bare acts which are mentioned in point i) above. It may be a good idea to use these to
understand the concepts for the other subjects as well.

List of Reading and Practise Material

1. You can go through the old Bar Council material to start with. It is very concise. Try
and understand the concepts and the illustrations in the material. The material also
contains technical information. Do not try to cram such information in the material,
since questions will not be restricted to the old material (if at all any questions are
made from the material). Use it only for understanding the concepts and illustrations.

The BarHacker indexes (read together with the old material) can point you to the
concepts and the illustrations in the study material. The BarHacker indexes contain
specific entries to point you to concepts and illustrations, and can be helpful in
speedy preparation. You can use this while studying. Use the 6 mock tests and the
practise question workbook (for those of you who had availed of the hard copy
version of the course) to practise the concepts. These materials contain several
problem-based and conceptual questions. You should also practise some of the tests
by logging into your BarHacker account and go through the illustrations from the
material.

2. Where the old BCI material is unclear on the concepts, you can refer to basic
commentaries and textbooks, such as a Bangia (for contract and torts) or a Jhabvala
(for many of the subjects in the syllabus). These books are easily available at any law

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bookstore. Of course, this is for your background reading. You need not carry these to
the examination hall.

Step 3 – Carry the right materials to the examination hall

The above discussion should make it clear that using bare acts and study material to answer
questions is the most optimal strategy under the given circumstances. Next, carrying the carry
the right materials is the first step to answer questions correctly. You will be carrying about
70% of the materials you used to prepare, though not everything. For example, you need not
necessarily carry a Jhabvala that you used for preparing the concepts in jurisprudence.

Planning out the bare acts and text books you will be carrying into the hall in advance is
important. What materials should you be carrying in? You don’t need to carry 15 or more
bare acts plus commentaries to the exam hall. We have created a optimal list of the material
that you can carry.

#1 - Bare act compendiums (carry the 7 acts/ manuals below)

1. Constitution of India

2. Civil Procedure Code

3. Criminal Law Manual

This manual contains Indian Penal Code, Code of Criminal Procedure and Indian
Evidence Act.

4. Central Civil Act manual

This manual contains the Civil Procedure Code and a host of other acts which are
relevant for the syllabus (the list of relevant statutes is mentioned in Table 1 below).
Instead of buying individual copies from a law bookstore, we suggest that you
purchase a Central Civil Acts manual (published by Universal Law and by
Professional) which contains between 80 - 100 civil acts. Once you are done
preparing for the 6 critical subjects, you may browse through the acts with the same
strategy (which involves reading chapter headings, titles of sections, understanding
the structure of the act, etc.) listed in Table 1 below.

5. Companies Act

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6. Labour and Industrial Laws - There is no description in the syllabus of which

legislations are relevant, but this manual will cover the essential labour laws –
Industrial Disputes Act, Factories Act, Trade Unions Act, etc.

7. Motor Vehicles Act

TABLE 1
USEFUL ACTS IN THE CENTRAL CIVIL ACTS MANUAL

Subject Legislations

Contracts Indian Contract Act, 1872

Transfer of Property Act, 1882
Specific Relief Act, 1963
Indian Partnership Act, 1932
Sale of Goods Act, 1930
Negotiable Instruments Act, 1881

Family Law Dissolution of Muslim Marriages Act, 1939

Divorce Act, 1869
Family Courts Act, 1984
Foreign Marriage Act, 1969
Hindu Adoptions and Maintenance Act, 1956
Hindu Disposition of Property Act, 1916
Hindu Marriage Act, 1955
Hindu Minority and Guardianship Act, 1956
Hindu Succession Act, 1956
Hindu Women’s Right to Property Act, 1937
Muslim Personal Law (Shariat) Application Act, 1937
Muslim Women (Protection of Rights on Divorce) Act, 1986
Parsi Marriage and Divorce Act, 1936
Special Marriage Act, 1954
Indian Succession Act, 1925

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Professional
Ethics Advocates Act, 1961

ADR & Arbitration and Conciliation Act, 1996

Arbitration

Torts Consumer Protection Act, 1986

#2 - Books

You should carry the old BCI material (two books), and a textbook on tort and contract each.
Carrying the BarHacker indexes to the old BCI material can help you quickly looking up
answers to questions on concepts, case names or illustration (if a case-related or illustration-
based question is asked from the BCI material).

 Bangia/ Jhabvala on Contract

 Bangia/ Jhabvala on Tort

 Old BCI Material (2 books)

 BarHacker Indexes (2 files)

 Most importantly, print out the provisions of Chapter VI of the Advocates Act - from
this link.

Total carry-in materials add up to a list of 7 bare acts/ manuals, 4 books (old BCI material
plus tort and contract textbooks), the indexes (about 100 pages total), and a printout of the
BCI Rules.

Tip: Use the old BarHacker tests for practise in relation to jurisprudence, professional
ethics, tort and administrative law. The tests have a mixture of theory and application based
questions.

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Note: Some subjects which are mentioned in the syllabus had no questions from them in the
model exam. However, the bar exam may have questions from these subjects as they are
mentioned in the syllabus. Therefore, you should study these subjects. The 2 mock tests on the
new format available contain some questions to give you some practice on these subjects.
These subjects are listed below:

 Professional Ethics (despite a mandatory allocation of 4 marks to the subject as per

the syllabus),
 Property Law (questions which related to property were actually from Civil
Procedure Code),
 Negotiable Instruments,
 Consumer Protection Act (part of Torts syllabus) and
 Motor Vehicles Act (part of Torts syllabus).

For your convenience, we have provided a subject-wise list of materials you will use for each
subject (for study and carrying into the examination hall) below:

TABLE 2

SUBJECT-WISE LIST OF CARRY-IN MATERIALS

Priority Bare Act/ Compendium

Materials to
No. Category / Subject (based on
carry
marks)

1 Constitutional Law High Bare Act Constitution of India

2 C. P. C. High Bare Act CPC Bare Act

3 Cr. P. C. High Bare Act Criminal Laws Manual

4 Evidence High Bare Act Criminal Laws Manual

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Contract, Specific High Bare Act + Central Civil Acts (for Contract
Relief, Prop. Laws, Bangia/Jhabvala Act, Specific Relief Act,
5
Spl. Contract, N. I. + Old BCI Transfer of Property Act, and NI
Act Material Act)

6 I. P. C. High Bare Act Criminal Laws Manual

Low Old BCI Material

7 Jurisprudence
NA

Medium Old BCI Material

Professional Ethics &
+ printout of Part
Cases of Professional Central Civil Acts (for
8 VI of the BCI
misconduct under Advocates Act)
Rules (available
B.C.I. rules
on this link)

ADR + Arbitration Medium Bare Act + Old

9
Act BCI Material Central Civil Acts

10 Limitation Act Low Bare Act Central Civil Acts

Medium Bare Act + Old Companies Act Bare Act

11 Company Law
BCI Material

12 Family Law Medium Bare Acts Central Civil Acts

Labour + Industrial Medium Labour and Industrial Laws

13 Bare Acts
Laws Manual

14 Administrative Law Low Old BCI Material NA

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Law of Tort, Motor Central Civil Acts (for

Bare Act, Bangia/
Vehicle Accidents, Consumer Protection Act)
15 Medium Jhabvala + Old
Consumer Protection
BCI Material
Law

These are minimum recommended carry-in materials. Candidates should feel free to carry
any additional materials.

Note: We advise that you familiarize yourself with the material, because looking up the bare
acts for the first time in the exam hall may cause anxiety and nervousness or make you lose
focus. For this, we suggest that you practise solving the two tests on the platform (based on
the new format) by using these materials, so that you are not comfortable handling them in
the exam.

Step 4 - Understand time management and know your test taking strategy

You will have a little over 1 hour 40 seconds per question. Even though there may be few
problem based questions (as per the model bar exam), managing time well will be crucial
because the time allocated has been reduced by half an hour, to only 3 hours. It will be
important not to lose time by being lost looking for answers in the bare acts.

Biggest Risk: remember to not waste too much time on the difficult questions! Identify the
easy questions which can be quickly answered. Trying to answer the difficult questions and
spending too much time looking for their answer will be suicidal. Do not do this in any
circumstances. If you realise any question is taking more than 2 minutes to answer, just mark
the answer which is most likely and just move on.

Try to identify and answer questions which ask you section numbers of a particular statute
(since these are fairly direct), and those questions to which you already happen to know the
answers to (since these won’t take time). You just need to find the answer from the statute
and fill it in – these should be no brainers if you carry the right set of materials with you (see
above).

You can then start answering the questions which require you to refer to bare acts and apply
your mind to some extent.

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Since there is no announcement of negative marking, you should make educated guesses for
all the questions – even the ones about which you don’t have any idea (e.g. concepts you
have never heard of, or historical facts). It may not be a good idea to leave these questions
for the end because you may not have enough time to read them again, and you may end up
leaving questions unattempted. That is a bad strategy for an exam which has no negative
marking. Just mark them (educated guess or even wild guess, whichever is feasible) as soon
as you have read them.

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ANNEXURE

KEY TOPICS FOR THE 6 ESSENTIAL SUBJECTS (FOR GUIDANCE)

Note: This is an indicative syllabus (for 6 subjects only) for helping students to study of
various subjects prescribed for the Bar Exam in an organized manner. Please use this
syllabus only to understand basic concepts under the subject concerned and to familiarize
yourself with the bare act. The real exam may have questions from outside this syllabus.

In addition to preparing the syllabus below (for the 6 subjects), candidates are also advised
to read through the chapter and section titles of the remaining sections of the bare act.

Constitutional Law

 History of the Constitution: Government of India Act, 1935, Constituent Assembly,

Framing of the Constitution: Basic Facts for Constitutional GK
 Separation of powers
 Basic Structure
 Preamble
 Citizenship including provisions of the Indian Citizenship Act, 1955
 Union and State Judiciary
 Writs
 Union and State Executive
 Union and State Legislature
 Legislative Relations between the Centre and States
 Emergency Provisions
 Amendment of the Constitution
 Fundamental Rights
 Constitutional Right to Property under Article 300-A
 Directive Principles of State Policy, Articles 36-51
 Fundamental Duties, Article 51-A
 Freedom of Trade & Commerce, Articles 301-307
 Ninth Schedule
 State, Union and Concurrent List

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 Important cases – at least Keshavananda Bharti, IR Coelho, Anwar Ali Sarkar, Maneka
Gandhi (just make sure you know the legal question at stake, very basic facts, outcome
and the rationale)
Indian Contract Act

 Definitions and formation of contract (proposal & acceptance related provisions) (Ss
1 to 10)
 Standard Form Contracts
 Capacity to Contract (SS. 11,12,68)
 Free Consent (Ss. 13 to 22)
 Lawful consideration and object (Ss 2(d), 23,24,25)
 Void Agreements (Ss 26 to 30)
 Contingent Contracts (Ss. 31 to 36)
 Performance of contracts and Anticipatory breach (Ss 37 to 55)
 Impossibility, illegality and performance (Ss. 56 to 61)
 Contracts which need NOT to be performed (Ss. 62 to 67)
 Quasi-Contracts (Ss. 68 to 72)
 Breach of Contract and damages (Ss. 73 to 75)

Special contracts
 Contract of Indemnity and Contract of Guarantee (Ss. 124-147)
 Bailment and Pledge (Ss. 148-181)
 Agency (182-238)

Specific Relief Act

 Meaning of specific performance, enforcement of contract, defences, part-performance
of contract
 Recovery of Possession of Immovable Property (Ss. 5 and 6)
 Recovery of Possession of Movable Property (Ss. 7 and 8)
 Contracts which can be specifically enforced (Ss. 10 to 13)
 Contracts which cannot be specifically enforced (Sec. 14)

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 Discretion of the Court (Sec. 20)

 Rectification of Instruments (Sec. 26)
 Rescission of Contracts (Ss. 27 to 30)
 Cancellation of Instruments (Ss. 31 to 33)
 Declaratory Decrees (Ss. 34 and 35)
 Preventive Relief (Injunctions) (Ss. 36 to 42)

Transfer of Property Act

 Definition clause: Immovable property, Attestation, Notice, Actionable claim (Section

2)
 Definition to transfer of property (S.5)
 Transfer and non-transfer property (Ss.10-12)
 Transfer to an unborn person and rule against perpetuity (Ss.13, 14)
 Vested and Contingent interest (Ss.19 & 21)
 Conditional Transfer (Ss. 25-27)
 Rule of Election (S.35)
 Transfer by ostensible owner (S. 41)
 Rule of feeding the grant by estoppel (S. 43)
 Rule of Lis Pendens (S. 52)
 Fraudulent transfer (S. 53)
 Rule of part performance (S. 53A)
 Mortgages (Ss. 58 – 84)
 Leases of Immovable Property (Ss. 105-117)
 Gifts (Ss. 122-127)

Negotiable Instruments Act

 Definition, types and characteristic of Negotiable Instruments, definition of different

types of negotiable instrument (Ss. 3, 4-13)
 Crossing of Cheques and payment, (123-130)

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 Dishonour of Cheques (s. 138)

Note: The contract syllabus prepared by BCI mentions ‘special contracts’. It is not whether
Sale of Goods Act and Indian Partnership Act are also part of the syllabus. In many colleges,
Sale of Goods Act and Partnership Act are taught under special contracts. To be safe, we
suggest that you glance through the titles of the provisions of the Sale of Goods and
Partnership Act. These acts can be found in the Central Civil Acts Manual.

Civil Procedure Code

 Definitions: Decree, Judgment, Order, Foreign Court, Foreign Judgment, Mesne
Profits, Affidavit, Suit of a civil nature, Plaint, Written Statement, Legal
Representative, Res-sub-judice, Res judicata, Restrictions, Caveat, Inherent Power,
Courts (Section 2)
 Jurisdiction and place of suing (Ss. 5, 17, 18, 21)
 Institution of suit (Ss. 15-18, 26) (Order IV)
 Parties of Suit (Order I)
 Agents and Pleaders (Order III)
 Pleadings (Order VI), Plaint (Order VII)
 Appearance of parties and consequence of non-appearance (Order IX)
 Security of costs (Order XXV)
 Summons to defendant (S.27)
 Suits by and against minors and persons with unsound mind (Order XXXII), suits by
indigent person (Order XXXIII)
 Powers of court –
o Power to order discovery (S.30)
o Summons to witness (S.31)
o Penalty for default (S.32)
o Arrest and detention (S.55, Order XXXVIII)
o Interlocutory Order and temporary measures (Order XXXIX)
o Appointing Receivers (Order XL)

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 Judgment and decree (S.33), execution of decree (S. 82, Order XI)
 Suits by or against Government (Ss. 79-80)
 Summary Procedure (Order XXXVII)
 Appeal, reference and review (Ss. 114-115 & Orders XLVI and XLVII)
 Inherent Power of Courts (understand the concept and section number)

In the CPC, the some of the important sections also have a corresponding ‘Order’. You are
advised to go through the headings of the Orders and the title of the rules in the orders. If you
can’t find an answer to a question in the sections, remember that it could also be in the order.

Code of Criminal Procedure

 Object, scope and extent of CrPC, definitions (Ss. 1-2)
 Compoundable and non-compoundable offences (Ss. 320)
 Summons case and Warrant case (Ss. 24(1) and 24(2))
 Hierarchy of courts, powers of courts and magistrates
 Arrest provisions (Section 40-50), Summons and warrants (Ss. 91 – 105)
 Information to Police and Investigation (Ss. 154-176)
 Jurisdiction of Criminal Courts in inquire and arrest (Ss. 177-179)
 Cognizance and initiation of proceeding before Magistrate (Ss. 190-199)
 Complaints to Magistrate and commencement of proceedings (Ss. 204-210)
 Bail, anticipatory bail and bonds (Ss. 436-450)
 Maintenance of Public order and Tranquility (Ss. 129-148)
 Maintenance of Wife, Children and Parents (S. 125)
 Inherent Power of Courts (understand the concept and section number)
 Charge (s. 211, 218)
 Prohibition against double jeopardy - Section 300
 Types of sentences (see the headings in Chapter 32), death sentence (ss. 413- 416)
 Types of Trials (Chapters 18 – 21)
(You should know the types of trials, the name of the court/ magistrate which tries the
cases and the chapter in which relevant provisions are contained)

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Indian Penal Code

 General Information on framing of IPC

 Elements of crime
 General Explanations and Exceptions (Sec.76-106)
 Private Defence (Ss. 97-105)
 Abetment and Criminal Conspiracy (Sec.107 to 114; Sec 120-A,B)
 Sedition (S.124A), Obscenity (S.292)
 Offences affecting the Human Body and Offences Against Women (Ss. 299 to 377, S.
498A)
 Offences Against Property (Ss. 378-462)
 Defamation (S. 499-502)
 Criminal Intimidation (S. 503)

Indian Evidence Act

 Definition: Facts, facts in issue, relevant, evidence proved, disproved, not proved, oral
and documentary evidence (Sec.3)
 Relevancy and admissibility
 Doctrine of res gestae (Sec.6,7,8,9)
 Conspiracy (Sec.10)
 Admission (Sec.17-23)
 Confessions (Sec.24-30)
 Dying Declaration (Sec.32)
 Presumptions (Sec.4, 41, 79-90, 105,107,108,112,113-A, 114 and 114-A)
 Oral and documentary evidence (Sec.59-78)
 Rules relating to Burden of Proof (Sec.101-105)
 Estoppel (Sec.115-117)
 Privileged Communications (Sec.122-129)
 Concepts in examination of witnesses – Cross examination, examination in chief,

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hostile witness, leading question, questions as to character (Chapter 10)

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