ISC Class 12 Syllabus 2023 Legal Studies (Revised)

LEGAL STUDIES (881)
CLASS XII

There will be two papers in the subject:
Paper I - Theory: 3 hours ……70 marks Paper II- Project Work: … …30 marks

PAPER – I (THEORY) – 70 Marks

1. Intellectual Property Laws
conferred thereby; Duration of Patent rights,
Intellectual Property Rights, Global scenario
and the importance of Intellectual Property, Using the Invention/Process.
Legislation - connotations of The Copyright
Geographical Indication of Goods -
Act, 1957, Entitlements under Copyright Act
Understanding from the perspective of
1957; The Trademarks Act, 1999; significance
International Intellectual Property Rights
of Trademarks, The Patent Act, 1970;
regime; The Geographical Indications of Goods
Protection of ‘Inventions’, The Geographical
(Registration and protection) Act, 1999;
Indications of Goods (Registration and
Definition, conditions for Registration,
Protection) Act, 1999; International Aspect of
Procedure and Duration, Advantages of
the protection of Geographical Indications.
Registration, who can apply and who is an
Intellectual Property Rights – definition, The Authorised User?; comparison with
Agreement on Trade-related aspects of Trademarks.
Intellectual Property Rights (TRIPS)-objectives
and features, The World Intellectual Property 2. Dispute Resolution
Organization (WIPO)- objectives and features.
(i) Dispute Resolution Mechanisms
The Copyright Act, 1957- Connotations of Quasi-Judicial Bodies, Tribunals (such as
Copyright- Idea-Expression Dichotomy; CAT, SAT.
definition (Section 13 & 14); criteria for
Difference between Judicial and Quasi-
protection, Authorship and ownership, Judicial Bodies; Understanding the concept
Registration, Nature of the rights, Moral of Tribunals as Quasi-Judicial Forums,
Rights, Duration of Copyright. Articles 323A and 323B to set up Tribunals.
What is a Trademark? - Beyond ‘Words’ and Purpose of establishing Central
‘Symbols’; position of Trademarks under Administrative Tribunal, State
Indian Trademarks Act, 1999 - prerequisites of Administrative Tribunals, National Green
being a Trademark, Types of trademarks Tribunal in India - National and
(Generic, Descriptive, Suggestive, Arbitrary, International concerns; jurisdiction of
Fanciful under Conventional Trademark and National Green Tribunal; Role of
Service, Collective, Certification, Shape, ‘regulators’ in aiding the Tribunals.
Pattern, Sound under Non-conventional (ii) Alternate Dispute Resolution
Trademark), Trademark Registration Process, Arbitration, Conciliation, Mediation, Lok
Importance of protecting Trademarks, Duration Adalats.
of Trademark.
Section 89 CPC as source of ADR system
Regime of Patent Rights- Social Interests vs (Conciliation and Mediation), Arbitration
Private Incentives, Monopoly debate; Patent and Conciliation Act, 1996 - connotations
Law in India (Patent Act, 1970)- Definition and of Arbitration and Conciliation, benefits of
Patentable Subject matter (Novelty, Inventive ADR system, which disputes can be
Step, Industrial Application), Non-patentable covered. Arbitration- Meaning, Arbitration
Inventions, Grant of Patents and Rights Agreement, Court Referral of Arbitration;
1

Arbitral Award - significance, comparison 4. Transfer of Property
with a judgement, setting aside of an Property, Ownership, Possession, Modes of
arbitral award.
transfer of property (like Sale, Mortgage, Gift,
Mediation - Meaning and scope; Lease, Exchange).
Conciliation - Meaning, Role of the
Conciliator; Laws on Mediation and Meaning of Property - Public and Private,
Conciliation; Difference between Introduction to Property Law - Transfer of
Arbitration and Conciliation, Mediation Property Act, 1882; types of Property: Movable
and Conciliation; sanctity of Settlement and Immovable, definition of ‘immovable
arrived through Mediation and property under S.3 TPA and S.3(26) General
Conciliation; encouraging ‘Out of Court’ Clauses Act 1908. Transfer of Property -
Settlement in India - challenges and the Definition, What may be transferred, persons
way ahead. competent to transfer mode of transfer of
property; doctrine of Election, Doctrine of Lis
Locating ‘legal basis’ of Lok Adalats and Pendens; meaning of sale, Rights and
its jurisdiction; Purposes of holding Lok Liabilities of Buyer and Seller.
Adalat; basis of disposal of cases in Lok
Adalats; Award of Lok Adalat. Mortgage- Definition, Rights and Liabilities of
mortgager and mortgagee(lender), Meaning of
3. Crime and Law of Evidence Lease, Rights and Liabilities of Lessor and
Crime - Cognizable and Non-Cognizable; First Lessee. Meaning of exchange and Gift with
Information Report (FIR); Law of Arrest; illustrations.
concept of Evidence; Relevancy; basic structure 5. Legal Services Authority and its Role
of trial. Legal Services Authority Spirit of Article 39A
Crime - Meaning, stages and elements; of the Constitution of India; Legal Aid for the
Difference between Cognizable offence and deserving sections of society.
Non-Cognizable offence; Bailable offence and Importance of Article 39A of the Constitution of
non-bailable offence; complaint in general India; implementing the spirit of free Legal Aid
parlance - information to Police, Written and through Legal Services Authority Act, 1987-
Signed, if Orally given: reduced to Writing by objectives; eligibility for getting free Legal Aid;
Police and read-over to the Informant, stating Legal Services Authorities at various levels;
specific facts, Registration of FIR if offence is role of Educational Institutions and Para Legal
cognizable and if offence is non cognizable. Volunteers; Legal Aid Camps; spreading Legal
Police bound to register FIR. Literacy and providing Legal Aid - challenges
and the way-forward.
Legal meaning of Arrest; Arrest - how made;
Entitlements of an Arrested person- intimation 6. Legal Maxims
of grounds of Arrest, information about arrest Important Legal Maxims.
to nominated person/s and bail, etc.; person
Meaning of the following:
arrested not to be detained beyond 24 hours
and ‘remand’ under section 167 Cr PC. − Actus non facit reum nisi mens sit rea
General connotations of the term Evidence- − Ad valorem
Oral, Documentary and Material; Direct and
− Amicus Curiae
Circumstantial Evidence; Meaning of Proof;
Effect of Evidence - Proved, Disproved and Not − Audi alterem partum
Proved; Evidence and Proof- Cause and Effect. − Assentio Mentium
Connotations of Relevancy of Evidence; facts in
Issue and Relevant Facts. − Bona fide
Meaning of Criminal Trial; purpose of − Bona Vacantia
Criminal Trial; Basic features of a Criminal − Caveat Emptor
Trial with special reference to the Rights of
Accused. − Corpus Delicto

2

− Damnum Sine Injuria Objectives, Components of GST: CGST, SGST
and IGST- Meaning and application.
− De Die in Diem
Definition of Human Rights, composition &
− De Minimis Lex Non Curat function of NHRC (Sections 3 & 21 of the
− Doli Incapax Protection of Human Rights Act, 1993).
− Ejusdem Generis Significance of Road Safety measures; Motor
Vehicle Act, 1988 & 2019 - Driving without
− Ex Post Facto Driving License, Owner’s liability if driven by
− Ignorantia Facti Excusat – Ignorantia Juris other without License, Driving without Driving
Non Excusat License, Owner’s liability if driven by other
without License; Using Mobile Phone
− Injuria Sine Damnum (handheld) while driving, Driving under the
− Locus Standi influence of Intoxicating Substance, Driving
without Seat Belt, Driving without Insurance,
− Nemo Debet Esse Judex in Propria Sua Juvenile Offences; two-wheeler driving: more
Causa than one pillion rider, without helmet
− Nemo debt non quad habit (penalties as per Motor Vehicles Act, 2019
only),age limits for getting Driving License
− Noscitur a Sociis under different categories of Vehicles;
− Obiter Dicta documents to be shown to policeman: driving
licence, registration certificate, insurance
− Pari Materia certificate, tax paid receipt, PUC Certificate
− Per Incuriam and if it is a transport vehicle: permit and the
fitness Certificate.
− Qui Facit Per Alium, Facit Per Se
− Quid pro quo
PAPER II (PROJECT WORK)– 30 MARKS
− Ratio Decidendi In keeping with the significance of doing project
− Res ipsa loquitur work and gaining a hands-on understanding of
various contemporary issues, candidates are
− Res Judicata Accipitur Pro Veritate expected to undertake two studies of 15 Marks
− Salus Populi Est Suprema Lex each.
− Stare Decisis Topics for the studies should be chosen from within
the overall syllabus as there is ample scope for
− Ubi Jus Ibi Remedium diversity. Candidates should synthesise information
7. Important Laws from a range of sources, including cases,
legislation, the media and international instruments,
Lokpal and Lokayukta Act 2013 Negotiable
to support a legal argument. Topics should extend
Instrument Act, 1881; Direct Tax, Indirect Tax
areas of individual or group interests from any
and the concept of GST; Human Rights Act,
chapter covered in Theory, after understanding the
1993 (with Amendment Act, 2006), NHRC,
legal functions, practices and institutions.
India, Motor Vehicle Act, 1988 and 2019.
The project work will be assessed by the teacher
Scope and limitation of Lokpal and Lokayukta
and a Visiting Examiner appointed locally and
Act 2013. Ombudsman-Meaning and concept.
approved by the Council.
Concept of Negotiable Instrument; Negotiable
Mark allocation per Study [15 marks] will be as
Instrument Act, 1881- Key features; Bills of
follows:
Exchange, Promissory Note and Cheque-
Definition. Dishonour of cheque for 1. Evaluation by the teacher 5 Marks
insufficiency, etc., of funds in the accounts 2. Evaluation by the Visiting 10 Marks
(Section 138 of NI Act). Examiner
Concept of Direct Tax and Indirect Tax-
Differences ; Goods and Services Tax (GST) –
3

Evaluation of Study by the Visiting Examiner 9. Prepare a project on any of the following:
[10 marks] (i) Creative and musical art under copyright.
1. Presentation 2 Marks (ii) Trade secret discloser verses Patents.
2. Content 2 Marks (iii) Patented medicine verses Generic
3. Analysis 3 Marks Medicine.
10. Prepare a case study on the historical
4. Viva-voce based on the 3 Marks
development of Lok Pal Bill and its need in
Study
India.

List of suggested studies for Project Work:
GUIDELINES FOR TEACHERS
1. Visit an Alternate Dispute Resolution Centre
and prepare a report on Mediation proceedings 1. It must be emphasized that the process of doing
so attended. Also write the objective of the project is as important as the final project.
Mediation as a means of ADR mechanism. 2. Once the project/projects are chosen, there
2. Prepare a PPT presentation on the different should be a process of brainstorming to
structure of benches in the High Court and the encourage students to make out a draft/structure
Supreme Court and their purposes. What is the for the project before embarking on research.
binding nature of the judgment of a division 3. During the brainstorming/discussion, the teacher
bench on a smaller bench? should discuss the assessment criteria with the
3. Collect copy of sale deed, lease deed and students.
mortgage deed. Underline the difference in their 4. The teacher should discuss the draft with the
structure. Write the differences between the student with regard to the central question and
three in terms of their legality, binding nature, the type of sources to be used.
purpose and creation of rights. 5. The students should be guided on doing the
4. Collect a copy of a cheque and paste it on a research and looking at different types of
paper. Mention the cheque number. Explain: evidence.
− Why do we cross a cheque? 6. Books and suitable reference material could be
− Is there any difference between the law suggested by the teachers and made available to
governing a cheque and a credit card? the students.
− Can a person be held liable under section 7. Internet sites could be suggested, but care must
138 NI Act for not making the credit card be taken in selecting, using and citing these sites.
payment on time? 8. Students must be cautioned against plagiarism
5. Discuss five instances from day to day life and be penalized for the same.
where you let go what could reasonably fall 9. Marks must be awarded for content and
within the ambit of the Law of Torts. originality and not for decorative elements and
6. Enumerate the offences mentioned under the embellishments.
POCSO Act. What offence will be committed if 10. Projects must be the original work of the student.
the name of the victim is disclosed by any
person? NOTE: No question paper for Project work will be
7. Enumerate the fundamentals rights and suggest set by the Council.
ways how a child can be made to understand his
rights and duties.
8. Write the role of a Para Legal Volunteer.
Illustrate with the help of a case study how a
PLV is helping your locality.

4