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A “Notice of Motion” is a formal request filed in a legal proceeding, alerting the court and the opposing party that the applicant intends to seek a specific order or relief. It plays a key role in both civil and criminal proceedings, but its usage and nature vary depending on the context.

In Civil Cases

What It Is:

In civil litigation, a Notice of Motion is a procedural tool that lets one party formally ask the court for a ruling or order on a specific issue before or during a trial.

Common Uses:

• Interim relief (e.g., stay of proceedings, injunctions)
• Seeking permission to file additional documents
• Amendment of pleadings
• Dismissal or summary judgment
• Discovery orders

How It Works:

1. The moving party (applicant) drafts the Notice of Motion specifying:
   • The nature of the order sought
   • The grounds for the motion
   • The date it will be heard
2. The motion is supported by an affidavit or written statement explaining the facts.
3. It is served on the opposing party, giving them a chance to respond.
4. On the hearing date, the court hears arguments from both sides and passes an order.

In Criminal Cases

What It Is:

In criminal matters, a Notice of Motion is less commonly used but still serves as a formal request to the court for specific directions or relief.

Common Uses:

• Bail applications
• Quashing of FIR or charge sheet under Section 528 BNSS
• Transfer of case
• Discharge of the accused
• Seeking production of documents or witnesses

How It Works:

1. Filed by the defense or prosecution (depending on the context).
2. Must include details of the relief sought and legal grounds.
3. Served on the state or opposing party (usually through the Public Prosecutor).
4. The court may issue notices, hear both sides, and grant or deny relief.

Key Features of a Notice of Motion:

Practical Example:

• Civil: A plaintiff files a Notice of Motion seeking a temporary injunction to restrain the defendant from selling disputed property during the pendency of the suit.
• Criminal: An accused person files a Notice of Motion before the High Court under Section 528 BNSS to quash an FIR filed against them.

Zero FIR is a type of First Information Report (FIR) that can be filed at any police station, regardless of the location or jurisdiction where the crime occurred. It is called “zero” FIR because it is registered with the serial number ‘0’, and later transferred to the appropriate police station having jurisdiction over the place of the crime.

Key Features of Zero FIR:

1. Jurisdiction-neutral: Can be filed at any police station, even if the crime didn’t happen in that area.
2. Helps victims: Especially useful in urgent or sensitive cases like rape, murder, or accidents where delaying registration might cause injustice.
3. Transferred later: After registration, the zero FIR is sent to the police station with jurisdiction for further investigation.
4. Legal basis: Though not explicitly mentioned in the Indian Penal Code or CrPC, the Justice Verma Committee Report (2013) recommended this concept, and the Supreme Court and Ministry of Home Affairs have endorsed it.

Example:

If a person from Delhi is a victim of a crime that happened in Mumbai, they can go to a police station in Delhi and file a Zero FIR. The Delhi police must register it and then forward it to the Mumbai police station for further action.

The term “John Doe order” in law refers to a type of injunction or court order issued against unknown or unnamed defendants, often referred to as “John Doe” (for males) or “Jane Doe” (for females), when their identity is not known at the time of filing.

Key Features of a John Doe Order:

1. Purpose:
   • It allows a plaintiff to take legal action against unidentified individuals who are committing or likely to commit wrongful acts (such as copyright infringement, defamation, cybercrime, etc.).
   • Common in cases involving piracy, online defamation, data theft, or cybercrime, where the wrongdoers are anonymous.
2. Legal Utility:
   • Helps the complainant seek injunctive relief (like a restraining order or takedown) even before the identity of the wrongdoer is discovered.
   • Once the identities are known, the plaintiff can amend the complaint to name the actual individuals.
3. Common Uses:
   • Intellectual Property Rights (IPR) violations: Especially in film, music, or sports broadcasts to prevent piracy.
   • Cybercrime: To stop anonymous trolls or hackers.
   • Media and Broadcasting: To stop unidentified parties from illegally streaming or distributing content.
4. Indian Context:
   • John Doe orders have become increasingly common in India, particularly in the entertainment industry. For example, Bollywood studios often obtain such orders before a movie release to prevent unauthorized leaks or distribution.

Example:

Before the release of a major film, the production company may obtain a John Doe order against unknown persons who may leak or distribute the film online. Internet Service Providers (ISPs), cable operators, and even websites can be restrained from hosting or transmitting the content.

A distress warrant is a legal document issued by a court or competent authority that authorizes the seizure of a person’s property in order to recover a debt, fine, or other financial obligation that remains unpaid.

Key Features of a Distress Warrant:

• Issued by Court or Authority: Typically issued when someone has failed to pay a fine, rent, or tax.
• Enforcement Tool: It allows authorities (such as bailiffs or recovery officers) to enter the debtor’s premises and seize movable property.
• Used in Civil and Criminal Cases:
  • In criminal cases, it may be used to enforce unpaid fines.
  • In civil cases, it’s often used for rent recovery or execution of decrees involving monetary payments.

Example Situations:

• A person fails to pay a traffic fine—a court may issue a distress warrant to recover the amount by attaching their property.
• A tenant doesn’t pay rent despite a decree—a landlord may seek a distress warrant to recover due rent via attachment of tenant’s goods.

Indian Context:

In India, a distress warrant can be issued under:

• The Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 461 – for recovery of fines imposed by criminal courts.
• Civil Procedure Code (CPC) – for executing money decrees.
• Certain statutes (like Income Tax Act, Municipal Acts, etc.) also provide for distress warrants for recovery of dues.