Concepts of Law

Concepts of Law form the foundation of the subject of Law and are essential for understanding the nature and structure of legal systems. This chapter explores key legal concepts such as Jurisprudence, Possession, Ownership, Personality, Liability, Rights, and Duties, which collectively shape the interpretation and application of law in society.

Previous year Questions

Year	Question	Marks
2023	What is the legal status of a Hindu Idol ?	5M
2021	What is the difference between ‘perfect’ and ‘imperfect’ right?	2M
2018	How has Salmond defined the term ‘right’ ?	2M
2016	Write down two elements of possession as defined by Salmond.	2M
2016	What is the ‘Public Trust Doctrine’ as enunciated by the Supreme Court of India ?	5M
2016	What is difference between ‘Moral rights’ and ‘Legal rights’ ?	2M
2016	Define the term ‘Duty’.	2M
2016 Special	State Salmon’s definition of ownership.	2M
2016 Special	What are the kinds of ‘Person’ under law ?	2M

Jurisprudence

• The term “Jurisprudence” in its general sense is derived from the Latin words “Juris” (meaning law) and “Prudentia” (meaning knowledge). Thus, “Jurisprudence” translates to the “knowledge of law.”

• Providing a universal definition of jurisprudence is challenging, as the understanding of “law” and “knowledge” has evolved across different time periods and contexts.
• The meaning and concept of jurisprudence have developed over time, and historically, it has been linked to the Roman legal system.

Possession

The concept of Possession ownership comes from ancient Roman law. The Romans used “dominium” to mean the absolute right to a thing and “Possessio” to mean physical control. In English law, possession was initially considered more important than ownership. Early English law thought possession also meant ownership. Over time, the law evolved to recognize ownership as a separate and absolute right.

Definitions of Possession

• John Salmond: “possession is the continuing exercise of a claim to the Exclusive use of an object.”
• Savigny: “intention coupled with physical power to exclude others from the use of material object.
• Sir Frederick Pollock: “In common speech a man is said to possess to be in possession of anything of which he has the apparent control from the use of which he has apparent power for excluding others.”
• O.W. Holmes: “To gain Possession a man must stand in a certain physical relation to the object and to the rest of the world, and must have certain intent.”
• Maine:  “physical detention coupled with the intention to hold the things detained as one’s own.”
• Rudolf von Ihering: His definition is considered more practical and realistic than others. “Whenever a person looked like an owner in relation to a thing, he had possession of it unless Possession was denied to him by rules of law based on practical convenience.”

Possession means physical control over an object or thing. Though in law it is difficult to define the concept of possession because there is no precise definition of possession. It is factual as well as a legal concept. But, we can say that it is the physical custody, control or occupancy of any object with a definite intention of ownership.

Elements of Possession

1. Corpus (Physical Control): It includes two things
   1. Physical Relationship with Object : The possessor must have some form of physical contact or control over the object, such as holding a coin in hand or placing it in a purse. Even without physical contact, corpus exists if the object remains under the possessor’s control until another person claims it. For Eg. if you have a 100 rupee note in your wallet and you unknowingly dropped it, now Even though it’s no longer with you, you still have possession of the note until somebody else has picked it up.
   2. Exclusion of Others : The possessor must have the ability to exclude others from interfering with the object.
2. Animus (Mental element): It means will and intention to establish possession over a thing to Exclude Others.

Kind of Possessions

1. Corporeal possession : Possession of physical or tangible objects that can be seen or touched. Eg: House, car, pen.
2. Incorporeal Possession : Possession of intangible objects that cannot be physically sensed. Eg-Trademark, patent, goodwill.
3. Mediate possession : Possession exercised through another person, such as an agent or tenant. Eg. A landlord’s possession through a tenant.
4. Immediate possession : Direct possession of an object by the person themselves. Eg. Owning and using a pen directly.
5. Constructive possession : Legal possession without physical control of the object. Eg. The delivery of my key by my car driver. Here my driver was the constructive possessor of my car until he delivers me the key.
6. Adverse possession : Possession of property without legal title for a long period, eventually leading to legal. Eg. Continuous use of someone’s land without permission.
7. De facto possession :  The possession which exists in reality even if it is not legally recognized. Eg. A common law spouse can be considered as a de facto wife or de facto husband though they are not lawfully married, yet they live like a married couple
8. De jure possession : Legally recognized possession, whether or not the object is physically controlled. Eg. A property owner retains legal possession even if someone else occupies the house temporarily.

Modes of acquiring possession

There are 3 modes of acquiring possession 

1. Delivery: The transferor hands over actual possession to the transferee. It can be of two types: Actual or Constructive.
2. Taking: It involves physically taking possession without the former owner’s knowledge or permission. It may or may not be lawful.
3. Operation of law: Possession is also acquired through the operation of law, where legal provisions transfer possession from one person to another. Eg. upon someone’s death, their possessions pass to their legal heirs

Characteristics of Possession

1. Physical Control: The possessor has actual control over the property.
2. Intent to Possess: The possessor intends to possess the property.
3. Exclusive Possession: The possession is exclusive to the possessor, meaning no one else has the right to possess it.
4. Duration: Possession can be temporary or permanent.
5. Presumption of Ownership: Possession raises a presumption of ownership until proven otherwise (9/10th of the law).
6. Better Position: The possessor enjoys a better position than everyone else; they are presumed to be the rightful owner.
7. Prima Facie Evidence: Possession is prima facie evidence of ownership, meaning it is accepted as valid until proven otherwise.
8. Challenger’s Burden: The burden of proof lies with the person challenging the possession to show a better claim.
9. Rights Involved: Possession grants the possessor certain rights over the property, including the right to use and enjoy it.
10. Protection by Law: The law protects possession against wrongful dispossession.

Ownership

Initially, the concept of ownership did not exist; only possession was recognized. As people transitioned from a nomadic lifestyle to settling down, building homes, and cultivating land, the idea of ownership gradually emerged from this notion of possession.

Ownership refers to the relation that a person has with an object that he owns. It is an aggregate of all the rights that he has with regard to the said object.

Definitions of Ownership

Austin : Ownership refers to “a right indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration.”

Criticism of Austin’s definition→

• Restrictions can be imposed on the power of disposal.
• Ownership is not a single right, but a collection of rights. Even if some rights are transferred to others, the original owner retains the remaining rights.
• Owners cannot use their property in ways that harm others or violate their rights.

Holland : Concurring with Austin’s view, Holland defines ownership as the right of absolute control over an object. According to him, “ownership is an aggregate of all rights pertaining to the possession, enjoyment and disposition of an object.” 

Salmond : “Ownership, in its most comprehensive signification, denotes the relation between a person and right that is vested in him.”

Hibbert :  “Ownership consists of four rights which are the right of using the thing, right of excluding others from using it, right to disposal of the thing and right of destruction of the thing.”

Pollock : “According to him, ’Ownership may be described as the entirety of the powers of use and disposal allowed by law.’”

The given diagram illustrates the essence of various scholars’ definitions of ownership. It is crucial to capture this essence when formulating answers.

Elements of Ownership

The essentials of ownership highlight the key features that define and distinguish ownership in legal terms –

• Indefinite Point of User – The owner has the liberty to use the property in any lawful manner without restrictions. Others have a corresponding duty not to interfere with or use the property without the owner’s permission.
• Unrestricted Point of Disposition – The owner has the right to transfer or dispose of the property at their will.
• Right to Possess – Ownership confers the right to possess the property. Even if the owner is not in physical possession, they retain the legal right to take possession whenever they desire.
• Right to Exhaust – If the property is of a consumable or exhaustible nature, the owner has the right to use it completely or exhaust it according to their will (e.g., using resources like fuel or food items).
• Residuary Character – The owner may transfer certain rights related to the property, such as leasing or licensing, but retains the ultimate ownership. This means partial rights may be given away without losing full ownership.
• Right to Destroy or Alienate

Modes of Acquisition

Generally, ownership can be acquired in two ways ;

1. Original Mode : Ownership is acquired when the property has no previous owner (res nullius). The new owner claims it through occupation or admittance. Eg. A person registers land that has no prior owner.
2. Derivative Mode : It is not new ownership but a transfer of existing ownership. Eg. A person buys land from another after completing the required formalities.

Characteristics of Ownership

• Absolute or Restricted : Ownership can be absolute (exclusive rights) or restricted (limitations imposed by law or agreements).
• Emergency Restrictions : In emergencies, the government can requisition property with compensation determined by the authority.
• Transfer on Death : Ownership continues after death; property can be bequeathed or distributed during the owner’s lifetime.
• Rights of Use and Disposal : Owners can use, dispose of, or destroy their property, subject to legal restrictions.
• Disabilities : Infants and mentally incapacitated individuals cannot validly dispose of property due to lack of understanding.
• Tax Obligations : Owners must pay taxes; failure to do so may result in property seizure by the government.
• Easements : Ownership may include easements or limitations on use imposed by law or agreements.

Types of Ownership

Corporeal & Incorporeal Ownership

• Corporeal Ownership: Refers to ownership of tangible objects (e.g., houses, cars, furniture).
• Incorporeal Ownership: Involves ownership of intangible assets (e.g., trademarks, copyrights, patents).

Legal & Equitable Ownership:

• Legal Ownership: Recognized by the legal system and encompasses rights in rem (rights against the world).
• Equitable Ownership: Recognized by principles of equity, often where legal ownership is not clearly established. It is a right in personam (rights against specific persons), allowing for situations where one can be the legal owner while another holds equitable rights.

Vested & Contingent Ownership:

• Vested Ownership: Characterized by a complete and unconditional title to the property. Eg- A person leaves their property to their child “if they graduate from college.” The child’s ownership is contingent on fulfilling the condition of graduation.
• Contingent Ownership: Conditional ownership is dependent on certain future events or conditions being fulfilled. It indicates that the ownership rights are not fully realized yet. Eg- A person buys a house and receives the title deed. Their ownership is vested and unconditional.

Sole Ownership & Co-ownership:

• Sole Ownership: When a single person owns the entire property, having full control and rights.
• Co-ownership: When multiple individuals share ownership of a property. Each co-owner has a stake in the property, as seen in partnerships or joint ownership agreements.

Trust & Beneficial Ownership:

• The trustee: Who holds legal title to the property.
• The beneficiary: Who benefits from the property. The trustee is obligated to manage the property for the benefit of the beneficiary. Trust ownership is nominal, while beneficial ownership reflects the true interest in the property.

Difference between Ownership and Possession

Aspect	Ownership	Possession
Definition	Legal right to possess, use & dispose of property.	Physical control or occupancy of a property.
Rights	Encompasses rights to transfer, sell, lease, or destroy.	Grants rights to use or enjoy property, but not full rights.
Duration	Typically long-term, remains until transfer or death.	Can be temporary and may exist without ownership.
LegalRecognition	Recognized and protected by law with responsibilities.	May be protected under law but does not confer ownership.
Evidence of Ownership	Ownership is supported by title deeds or legal documents.	Possession serves as prima facie evidence of ownership.
Nature of Rights	Can be de jure (legal ownership) or de facto (actual control).	Possession may be de facto, lacking legal title but providing control.
Transfer Process	Requires a legal process for transfer (e.g., sale, gift).	Possession can change hands more informally and may not require legal processes.
Examples	Title deed to a house, owning a car, holding shares.	Renting an apartment, having a borrowed book, squatting.

So,ownership is Soul and possession is Body, existence of body is necessary for realisation of soul.

Personality

The word “person” comes from the Latin word “persona,” which means “mask.” In ancient times, until the 6th century, this word described the role a man played in his life. In philosophical terms, personality refers to the rational core of a human being. However, in law, it takes on a different meaning, it refers to an entity that can bear rights and duties. This entity is recognized as a “person” in the eyes of the law engage in legal acts like signing contracts or appearing in court.

Definitions of personality

• Salmond : A person is any being whom the law regards capable of rights and duties.
• Savigny: He defines the person as the subject or the bearer of rights.
• Gray: According to Gray, a person is an entity to which rights and duties may be attributed.
• BNS Sec 2(26) :  Defines the word “person” to include any company, association, or body of people, whether incorporated or not. 
• Austin: The term “person” includes a physical or natural person, including every being that can be deemed human.  
• Kelson : “Legal person is a fiction because it is not more than right and duties.”
• Analytical school : “A subject of right and duties is called legal person.”

Kinds of Personality

The law permits two types of Persons.

• Natural persons 
  • These are human beings, individuals who are recognized persons by the state and naturally possess legal rights and obligations.
  • According to the law, not all human beings are considered legal persons. For instance, slaves were historically not recognized as legal persons, and in some societies, ascetics or those who took religious vows were deemed civilly dead.
  • In modern times, most humans are granted legal personality from birth, which ends with death.
• Legal persons
  • These are non-human entities that the law treats as persons for specific legal purposes.
  • These include things like corporations, institutions, estates, or even idols. 
  • Although they are not human, they are granted similar rights and responsibilities as natural persons.

Criteria for Determining Legal Personality:

1. Rights and Duties: Does the entity possess legal rights and obligations?
2. Ownership: Can the entity own and control property?
3. Legal Accountability: Can it initiate legal proceedings or be sued in court?
4. Contractual Capacity: Is the entity capable of entering into contracts?

Thus, a legal person refers to entities recognized by law as having the ability to perform legal functions, similar to human beings. These legal persons can sue, be sued, own property, and enter into contracts.

Legal personalities

Legal Personality of an Unborn Person:

• Legal Status: 
  • An unborn person is not a full legal person but is granted certain legal protections under Indian law.

• Rights in India:
  • Under Hindu law, a child in the mother’s womb has the right to inherit property once born alive.
  • Legal protections extend to the unborn child during pregnancy and continue after birth.
• Legal Provisions:
  • Section 13 (Transfer of Property Act, 1882): Property can be transferred to an unborn child, with the condition that the child must be born alive for the transfer to take effect.
  • Section 456 BNSS: If a pregnant woman is sentenced to death, her execution is postponed until she gives birth, ensuring the unborn child’s right to life.

Legal Personality of a Dead Person:

• Legal Status: 
  • Upon death, a person loses legal personality; all rights and obligations cease.
• Rights in India:
  • Certain posthumous protections exist to preserve the dignity and reputation of the deceased.
• Legal Provisions:
  • Section 301 BNS: Punishes acts of disrespect toward a corpse or trespass in burial places with intent to insult or offend.
  • Section 356(1) BNS: Defamation of a deceased person is an offense if it harms their reputation or hurts the feelings of family members.

Legal Personality of Animals:

• Legal Status:
  • Animals are not considered legal persons under Indian law, but are treated as objects of legal protection.
  • According to Salmond, animals are objects of legal rights and duties but are not legal subjects themselves.
• Rights in India:
  • Animals are not subjects of rights but are protected through laws against cruelty.
  • The owner of an animal may be held liable for harm caused by their pet or livestock.
• Legal Provisions:
  • Prevention of Cruelty to Animals Act, 1960: Provides protection against cruelty towards animals and sets penalties for offenders.

Legal Personality of an Idol:

• Legal Status:
  • An idol used for worship is recognized as a juristic person under Indian law, meaning it has a legal identity.
• Rights in India:
  • An idol can sue and be sued, hold property, and receive offerings.
  • The Pujari (priest) acts as a guardian of the idol, similar to a minor’s guardian, to protect its legal interests.
  • God or supernatural beings themselves are not legal persons, but the idol, as a representative of the deity, holds legal rights.
• Legal Provisions:
  • Pramathanath Mullick vs. Pradmna Kumar Mullick (Privy Council): Established that an idol has the status of a juristic person capable of representing itself in legal matters.
  • Funds dedicated to religious purposes held in the name of the idol are treated as having a corporate character, allowing them to be managed for the idol’s benefit.

Legal Personality of a Mosque:

• Legal Status:
  • A mosque is not considered a juristic person under Indian law. It is regarded as a place for worship, not an object of worship.
• Rights in India:
  • Unlike idols, mosques do not possess legal personality and cannot sue or be sued.
  • However, mosques are treated as sacred, and the property dedicated to them is protected under religious and property laws.
• Legal Provisions:
  • Maula Buksh v. Hafiz-ud-din: Initially, the court held that a mosque could be treated as a juristic person.
  • Masjid Shahid Ganj case: Ruled that mosques are not legal persons, and therefore, they cannot sue or be sued in their own name.

Legal personality of Guru Granth Sahib:

• The Supreme Court in Guru Granth Sahib Gurudwara Prabandhak Committee vs. Somnath Das case recognized the historical background and sanctity of Guru Granth Sahib, acknowledging it as a juristic person.
• The last living Guru, Guru Gobind Singh, clearly stated that there would be no living Guru from now on; Guru Granth Sahib would be the living Guru.

Liability

liability refers to the concept of vinculum juris, which means a legal bond that connects the wrongdoer with the legal consequences of their actions. It signifies the legal responsibility a person holds for their acts or omissions, where they are bound to face a remedy or penalty as prescribed by law, depending on the type of liability—civil, criminal, or otherwise.

Definitions of Liability

Salmond : “liability or responsibility is the bond of necessity that exists between the wrongdoer and the remedy of the wrong.”

Markby : The word ‘liability’ is used to describe the condition of a person who has a duty to perform, whether that duty is a primary one or a secondary or sanctioning one.

Austin : Austin prefers to use the term ‘imputability’ to ‘liability’. According to him, those certain forbearances, commissions, or acts, together with their consequences, as it was the purpose of the duties to avert, are imputable to the persons who have forborne, omitted, or acted.

Kinds of Liability

Salmond gave following types of liability; Civil liability, Criminal liability , Remedial liability, Penal liability .

Civil Liability : 

• It is enforcement of the right of the plaintiff (who starts a lawsuit) against the defendant (accused of a crime ) in civil proceedings. 
• For Eg. An action for a recovery of a debt. 

Criminal Liability : 

• In “Criminal cases” Criminal liability is imposed by the victim against the accused.
• The victim usually seeks punishment in the form of imprisonment or fine for the accused. Eg. Assault, defamation.

Basis of Difference	Civil Liability	Criminal Liability
Nature of Wrong	Arises from civil wrongs like negligence, defamation, etc.	Arises from criminal offenses like murder, sedition, theft, rape, etc.
Governing Law	Determined under the Civil Procedure Code (CPC).	Determined under the Bhartiya Nagarik Suraksha Sanhita (BNSS).
Legal Remedy	Payment of compensation or damages by the wrongdoer to the victim.	Punishment imposed on the offender by the State.
Standard of Proof	Decided based on the preponderance of probabilities.	Guilt must be proved beyond reasonable doubt.

Remedial Liability : 

• It is based on the maxim  “Ubi jus ibi remedium” means “Where there is a right, there is a remedy.” 
• If the law grants a right, it must also provide a remedy to enforce it. Similarly, if the law imposes a duty, there must be a remedy for its breach, ensuring the duty is fulfilled.
• The sole purpose is to restore the injured party’s position. 
• Eg. If A breaches a contract with B, A may be required to compensate or fulfil the contract.

Penal Liability : 

• It is based on the maxim “Actus non facit reum nisi mens sit rea.”
• Which means “An act does not make a person guilty unless accompanied by a guilty mind.”
• In criminal cases, guilt is established only when both the wrongful act and intent are proven. If guilt is proven, the court imposes appropriate punishment, such as imprisonment, fines, or even the death penalty.

Vicarious Liability : 

• When one person is held responsible for the wrongful acts of another, usually in employer-employee relationships.
• For eg. If an employee harms a customer during work, the employer may be vicariously liable for the employee’s actions.

Strict liability : 

•  A person is held liable for harm caused by their actions, even if they were not negligent or intended to cause harm. 
• However, certain defences like “act of God” or “plaintiff’s own fault” are available.
• Eg. Rylands v. Fletcher, if A stores hazardous materials on their land and it escapes, causing damage, A is liable even without negligence, but they may have defences like natural disasters (act of God).

Absolute Liability :

• A stricter form of strict liability, where a person is held liable without any exceptions or defences. 
• Absolute Liability provides no defences; the wrongdoer is fully liable regardless of circumstances
• Example: In the MC Mehta v. Union of India (Bhopal Gas Tragedy case), the Supreme Court held that industries engaged in dangerous activities are absolutely liable for any harm caused, without any defences.

Right and Duties

The growth of society is closely tied to the evolution of law. When people interact, they have rights and duties towards each other, which are the core of legal systems. Rights are entitlements, and duties are obligations, both protected by law.

Definitions  of Rights

Various jurists define these concepts, which can be grouped into two main theories: The Will Theory and the Interest Theory.

Will theory :

The Will Theory, also called Choice Theory, means that when you have a right, you have control over how others act regarding that right. It gives you the power to decide what others can or cannot do with something that belongs to you. This theory is supported by Kant, Hagel, Hume.

• Austin : “A party has a right when another or others are bound or obliged by the law to do or forbear towards or in respect of him.”
• Holland : “Right is a capacity residing in a person to control the action of others.”
• Pollock : “Right is freedom allowed and power conferred by law.”

Interest Theory :

The Interest Theory of rights was developed by Rudolf Von Jhering which explains that having a right means it serves your benefit or is in your interest. Someone else has the duty to provide or protect that interest. If they fail to do so, they are violating your right. 

• Buckland : “Right is an interest or expectation guaranteed by law.”
• Jhering : “Right is a legally protected interest.”
• Salmond : He also defines right as “an interest recognised and protected by law. These interests could only be human’s interest or societies interests.

Other theories:

• Kant :”Right is authority to compel.”
• Laski :”Rights are those conditions of social life without which no man can seek in general, to be himself at his best.”
• T.H. Green :”Rights are powers necessary for the fulfilment of man’s vocation as a moral being.”
• Holmes :”Right is a permission to exercise certain natural power and upon certain conditions to obtain protection, restitution or compensation with the aid of public force.”
• Duguit :”The only right a person has is to always do his duty.”
• Allen :”Right is a legally guaranteed power to realise an interest.”
• The Supreme Court of India, in the case of State of Rajasthan v. Union of India (1977), interpreted the definition of legal rights as follows : In a strict sense, legal rights are the correlatives of legal duties. They are defined as interests that the law protects by imposing corresponding duties on others.

Nature of Rights

1. Social Existence: Rights only exist in a society and are products of social living.
2. Claim for Growth: People claim rights to help them grow in society.
3. Moral Claims: Rights are ethical claims made by individuals.
4. No Harm to Society: Rights can’t go against the welfare of society.
5. Promote Social Good: Rights are for personal development, which benefits society.
6. Equal for All: Everyone has equal access to rights.
7. Change Over Time: Rights adapt as society evolves.
8. Reasonable restrictions: Rights come with necessary restrictions for public safety and order.
9. Linked to Duties: Rights and duties go hand in hand—one must respect others’ rights.

Types of Rights

Natural Rights: 

• These are inherent to human beings and exist before the formation of society. 
• These include rights like life, liberty, and property, believed to be part of human nature.

Moral Rights:

• These are based on human conscience and a sense of justice.
•  They are not enforced by law but are guided by public opinion and ethical standards. 
• These include principles of good conduct and fairness. 

Legal Right: 

• Legal rights are those that are recognized, protected, and enforced by law. 
• They involve specific obligations on others and can be divided into various categories:

Primary and Secondary Rights: 

• Primary rights exist independently (e.g., right to liberty) while,
• secondary rights arise when a primary right is violated, giving the holder remedial options.

Public and Private Rights: 

• Public rights affect society (e.g., voting rights), 
• While private rights concern individuals (e.g., property ownership).

Positive and Negative Rights: 

• Positive rights require an action from others (e.g., compensation)
• while negative rights demand others refrain from certain actions (e.g., no trespassing).

Vested and Contingent Rights: 

• Vested rights are fully owned and enforceable
• While contingent rights depend on future events or conditions.

Perfect and Imperfect Rights: 

• Perfect rights are enforceable in court (e.g., property rights) 
• while imperfect rights, though recognized, cannot be legally enforced (e.g., Directive Principles in India).

Principal and Accessory Rights: 

• Principal Rights are primary rights granted to a person by law. They exist independently while Accessory Rights are connected to principal rights and depend on them for their existence. They enhance the principal right.

Proprietary and Personal Rights: 

• Proprietary rights relate to property and are transferable. 
• While personal rights relate to the person and are not transferable.

Rights in Rem and Rights in Personam:

• Rights in Rem are enforceable against everyone (e.g., property rights)
• Whereas Rights in Personam are enforceable only against specific individuals (e.g., contractual rights).

Rights in Re-Propria and Rights in Re-Aliena:

• These terms refer to proprietary rights. “Rights in Re Propria” are rights over one’s own property, 
• While “Rights in Re Aliena” are rights over someone else’s property (e.g., leases or trusts).

Elements of legal rights

1. Person of Inherence:
   • This refers to the individual or entity that holds the legal right. 
   • Without a person to own the right, it cannot exist. The owner may be a specific individual or even society as a whole.
   • Eg, X purchased a car for 1 million dollars.  here ‘X’ is called the subject of right.
2. Person of Incidence:
   • This is the person who has a duty to respect or uphold the right. 
   • They are obligated to act or refrain from acting in a way that honors the legal right.
   • Eg. If X has a particular right against Y, X is the person of inheritance and Y the subject of incidence.
3. Contents of the Right:
   • This includes the specific actions or omissions that the person bound by the duty must perform or avoid for the benefit of the right-holder.
4. Subject Matter of the Right:
   • This is the object or matter that the right pertains to what the right is about or relates to.
   • In the above example Car is the object of right.
5. Title of the Right:
   • Every legal right is based on certain facts or events that justify its existence. 
   • This title explains why the right is vested in the owner.

Duty

A duty is an obligatory act. It is something to do or abstain from doing in favour of another person. It refers to responsibilities a person is bound to by law or ethics. Duties are of two types:

1. Moral : Helping an elderly person cross the road
2. Legal : Paying taxes on time, the duty of public servant

A duty may be moral without being legal, legal without being moral, or both moral and legal at the same time.

Definitions of Duty

The term legal duty has been defined in the following ways –

• Keeton : A duty is an act of forbearance which is enforced by the state in respect of a right vested in another and breach of which is a wrong.
• Salmond : A duty is roughly speaking an act which one ought to do, an act the opposite of which would be wrong. A duty is of two kinds – 1. Moral and 2. Legal
• John Chipman Gray :  “Duty is the obligation to do or not to do things for the protection of legal rights by the collective society”
• Hibbert : “ Duty is that obligation inherent in a person whose actions are controlled by another person with the permission and aid of the state”

Characteristics of duties

According to professor fuller, duties has following attributes.

• General Application : Duties should generally apply to everyone, with only a few exceptions.
• Clear Communication : Duties should be clearly communicated or “promulgated” so that everyone knows about them.
• Future-Oriented and Understandable : Duties should be set for future actions and be easy to understand.
• Consistency : Duties must be consistent and not contradict each other.
• Moral Fulfillment : Duties should be capable of being fulfilled and align with moral values.
• Root of Obligation: The basic idea of a duty is an obligation to do or give something in return for benefits received.
• Moral and Legal Commitment: Duties are moral commitments towards someone and are legally binding, restricting free will.
• Limited by Hardship: Some duties may be exempt if fulfilling them leads to excessive hardship or is impossible.

Types of Duties

Primary and Secondary Duties

• Primary Duty: Exists independently of other duties.
  •  Eg: The duty to pay taxes.
• Secondary Duty: Arises only when a primary duty is violated. 
  • Eg: The duty to pay a fine for failing to pay taxes.

Positive and Negative Duties

• Positive Duty: Requires a specific action as per law. Eg: The duty to follow traffic rules.
• Negative Duty: Prohibits certain actions under law. Eg: The duty not to steal.

Vested and Contingent Duties

• Vested Duty: A duty that is directly imposed. 
  • Eg. The duty to respect others’ property.
• Contingent Duty: A duty that depends on certain conditions.
  • Eg. The duty to act as a guardian if a parent passes away.

Absolute and Relative Duties (Austin’s Classification)

• Absolute Duty: Has no corresponding rights.
  • Eg: Duty not to commit suicide.
• Relative Duty: Has a corresponding right.
  • Eg: The duty to fulfill a contract when agreed upon.

Corporeal and Incorporeal Duties

• Corporeal Duty: Related to physical property.
  Eg: Duty to maintain a house.
• Incorporeal Duty: Related to non-physical property.
  Eg: Duty to protect intellectual property.

Antecedent and Remedial Duties

• Antecedent Duty: Exists independently of other duties.
  • Eg: The duty to avoid harm.
• Remedial Duty: Arises from the violation of antecedent duties.
  • Eg: The duty to compensate for damages.

Fundamental and Legal Duties

• Fundamental Duty: Obligations imposed by a country’s constitution.
  • Eg: Duty to respect the national flag.
• Legal Duty: Obligations imposed by law.
  • Eg: Duty to follow workplace safety rules.

Duty in Rem and Duty in Personam

• Duty in Rem: Duty concerning property.
  Eg: Duty to avoid trespassing on someone’s land.
• Duty in Personam: Duty concerning individual relationships.
  Eg: Duty to fulfil a contractual promise.

Relationship between Right and Duty

• Rights and Duties Go Together:
  • Rights and duties are closely related and cannot be separated from one another. Both go side by side. These are the two sides of the same coin.
  • Eg: Citizens are entitled to certain rights(FRs), but alongside these rights come corresponding duties (FDs) that should be fulfilled.
• One’s Right is Another’s Duty:
  • Each right comes with a corresponding duty. Others must respect your rights for you to enjoy them.
  • Eg: If you have the right to life, others have the duty not to harm you.
• Citizen’s Rights Imply Duties:
  • Rights are shared equally by all. It’s your duty to respect others’ rights and not misuse your own.
  • Eg: Article 21A grants every citizen the right to free and compulsory education for children aged 6 to 14. Simultaneously, Article 51A(k) places a duty on parents or guardians to ensure their child or ward avails this education.
• Rights Should Promote Social Good:
  • Rights arise from society and should be used to benefit it.
  • Eg: Use your right to free speech to contribute positively to society.
• Duty to the State:
  • Since the state protects rights, citizens have a duty to obey laws, pay taxes, and defend the state when needed.