Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws
Section 4 of the Specific Relief Act, 1963 deals with specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. 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. The Act came into force on 01 Mar 1964.
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.
Section 4, The Specific Relief Act, 1963 (Act 47 of 1963).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shakuntala Devi vs Chamru Mahto
Court's Decision & Legal Precedent
Where a magistrate declares a party to be entitled to possession under Section 145(4) of the Criminal Procedure Code, and no specific limitation period is prescribed within Section 145 for the enforcement of such declaration, the application for restoration of possession under Section 145(6) must be made within three years from the date of the declaration, as prescribed by Article 137 of the Limitation Act as a residuary provision. An application for restoration filed beyond this three-year period is barred by limitation and cannot be entertained, and the provisions of the Specific Relief Act do not apply to criminal proceedings under Section 145 CrPC.
On this section: Restricts application of the Act to civil matters only; Court held this provision makes clear that Specific Relief Act cannot be applied to criminal proceedings under Section 145 of Criminal Procedure Code
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… that it is possible to argue on a reading of this provision that the legal character so declared may be against the entire world, section 35 follows, making it clear that such declaration is binding only on the parties to the suit and persons claiming through them, respectively. This is for the reason that under section 4 of the Specific Relief Act, specific relief is granted only for the purpose of enforcing individual civil rights. The principle contained in section 4 permeates the entire Act, and it would be most incongruous to say that every other provision of the Specific Relief Act refers to in personam actions , section 31 …
Questions about Section 4
What have the courts held on Section 4 of the Specific Relief Act?
Shakuntala Devi vs Chamru Mahto (10 Feb 2009) is the leading judgment on this section among those set out below: Restricts application of the Act to civil matters only; Court held this provision makes clear that Specific Relief Act cannot be applied to criminal proceedings under Section 145 of Criminal Procedure Code.
How do I find court cases under Section 4 of the Specific Relief Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Specific Relief Act 4, section 4 Specific Relief Act, section 4 of the Specific Relief Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shakuntala Devi vs Chamru Mahto (10 Feb 2009).
When did Section 4 of the Specific Relief Act come into force?
Section 4 of the Specific Relief Act, cited as Specific Relief Act 4, came into force on 01 Mar 1964, having been enacted on 13 Dec 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 12. Specific performance of part of contract391 words
- 28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed382 words
- 15. Who may obtain specific performance330 words
- 13. Rights of purchaser or lessee against person with no title or imperfect title309 words
- 26. When instrument may be rectified292 words
- 20. Substituted performance of contract269 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.