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Section 4: Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws

Specific Relief Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 3 All 44 Sections of Specific Relief Act Section 5

Legal Commentary & Landmark Judgments: Section 4

Section 4 of the Specific Relief Act, 1963 codifies the fundamental principle of civil jurisprudence that specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.

  • Enforcement of Civil Rights Only: Specific relief can be granted only for the purpose of enforcing individual civil rights.
  • Absolute Bar on Enforcing Penal Laws: Civil courts cannot grant specific performance or injunctions for the mere purpose of enforcing a penal law or punishing crimes.
  • Civil Right Mixed with Penal Offence: If an act constitutes both an infringement of an individual civil right (e.g., trademark infringement, nuisance, trespass) and a penal offence, specific relief remains fully maintainable to protect the civil right.
Key Landmark Precedents:
  • Cotton Corporation of India v. United Industrial Bank Ltd., (1983) 4 SCC 625: The Supreme Court authoritatively held that civil courts cannot be converted into criminal enforcement agencies; Section 4 restricts equitable jurisdiction to civil rights, though an act may also constitute a penal infraction.
  • Gujarat Bottling Co. Ltd. v. Coca Cola Co., (1995) 5 SCC 545: Reaffirmed that the objective of equitable injunctions is to safeguard commercial and proprietary civil rights.
Courtroom Practice & Strategic Litigation Guidance:

If a defendant argues that the suit is barred under Section 4 because the dispute involves cheating or forgery, establish that the plaintiff is enforcing substantive proprietary or contractual rights, which remain fully justiciable in civil court.

Section 3 All 44 Sections of Specific Relief Act Section 5