Law & Life

Murder and Culpable Homicide Not Amounting to Murder Under BNS, 2023  Introduction The Bharatiya Nyaya Sanhita (BNS), 2023 , replaces the Indian Penal Code (IPC) and provides a modern legal framework for criminal law in India. Among the most serious offenses under this law are Murder and Culpable Homicide Not Amounting to Murder . These offenses are covered under Section 101 and Section 105 of BNS, respectively. While both involve the unlawful killing of a person, the key difference lies in the intent and circumstances surrounding the act . Murder is the most serious offense as it is committed with a direct intention to kill . Culpable homicide, on the other hand, is a broader category that includes killings where the death was caused without the specific intent to murder but under circumstances where death was a likely consequence. To understand these two offenses clearly, it is important to examine their definitions, elements, and distinctions. This assignment will explain...

Different Kinds Of Punishments Recognised under Bharatiya Nyaya Sanhita, 2023 Introduction Punishment plays a vital role in maintaining law and order in society. It serves three main purposes: deterrence, retribution, and rehabilitation . The Bharatiya Nyaya Sanhita, 2023 , outlines six types of punishments under Section 4 , ensuring fairness and justice. The six punishments are: Death Penalty – The most severe punishment, reserved for heinous crimes. Imprisonment for Life – Long-term imprisonment for serious crimes. Imprisonment – Can be rigorous (with hard labor) or simple (without labor) . Forfeiture of Property – The government seizes assets from criminals. Fine – A monetary penalty imposed for offenses. Community Service – Offenders serve society as punishment. Each punishment has a specific purpose in ensuring justice. The following pages explain these punishments in detail. 1. Death Penalty The death penalty , also called capital punishment , is t...

Affray (BNS Section 222) 1: Definition & Explanation Introduction Affray is a public order offense that disturbs peace and creates fear in society. It involves a fight between two or more people in a public place that causes alarm to others. Definition of Affray (BNS Section 222) Under Section 222 of the Bharatiya Nyaya Sanhita (BNS), 2023) , affray is defined as: “When two or more persons fight in a public place in such a manner that disturbs public peace, they shall be guilty of affray.” Key Elements of Affray: Involvement of Two or More Persons – At least two individuals must be involved in the fight. Public Place – The fight must occur in a location accessible to the public, such as streets, markets, or parks. Disturbance of Public Peace – The act must create fear or panic among bystanders. Use of Force or Violence – Mere verbal abuse does not qualify; there must be some form of physical fight. Examples of Affray: A group of individuals fighting in a mark...

Mischief (BNS Section 285-289)  1: Definition & Explanation "Mischief is an act intended to cause wrongful loss or damage to another person’s property, disrupting public peace or safety." Definition of Mischief Under Section 285 of the Bharatiya Nyaya Sanhita (BNS), 2023) , mischief is defined as: "Whoever, with the intent to cause, or knowing that he is likely to cause, wrongful loss or damage to any person, destroys or diminishes the value or utility of any property commits mischief." Key Elements of Mischief: Intentional Act – The act must be done willfully, with the knowledge of causing harm. Damage to Property – The property may belong to an individual, a group, or public property. Wrongful Loss or Damage – The damage may cause financial or functional loss. Not Necessarily Physical Damage – Mischief can also be committed through cyber actions, environmental damage, etc. Types of Mischief: Simple Mischief – Minor acts like breaking s...

Abduction (BNS Section 360-361)  1: Definition & Explanation "The forced removal of a person from their lawful place of stay, against their will, constitutes abduction, violating their fundamental right to liberty." Definition of Abduction Under Section 360 of the Bharatiya Nyaya Sanhita (BNS), 2023) , abduction is defined as: "Whoever compels or by deceitful means induces any person to move from any place is said to commit abduction." Key Elements of Abduction: Use of force or deception – The act must involve physical coercion or fraud. Movement of a person – The victim must be taken from one place to another. No specific age limit – Unlike kidnapping, abduction can involve adults too. Absence of consent – The act is committed against the will of the victim. Types of Abduction: Abduction for Ransom – The victim is taken to extort money or personal gain. Abduction for Marriage – Forcing someone into marriage, commonly seen in rural are...

Theft (BNS Section 304)  1. Definition & Explanation "No man has a right to take the property of another without consent, for in doing so, he deprives the rightful owner of his lawful possession." Definition of Theft: Under Section 304 of the Bharatiya Nyaya Sanhita (BNS), 2023 , theft is defined as: "Whoever, intending to dishonestly take any movable property out of the possession of any person without that person’s consent, moves that property to cause wrongful gain or loss, commits theft." Key Elements of Theft: To constitute theft, the following conditions must be met: Dishonest intention : The act must be done with the purpose of wrongful gain. Movable property : Only movable property can be stolen (not land or immovable assets). Without consent : The act must be done without the owner’s permission. Physical movement : The property must be moved to another place. Wrongful loss/gain : The act must result in a loss to one person and gain to ...

Summary of the Advocates (Amendment) Bill, 2025 The Advocates (Amendment) Bill, 2025 introduces significant changes to the Advocates Act, 1961 to modernize the legal profession, improve legal education , and enhance transparency and accountability in the legal system. The amendments focus on regulation of legal practice, stricter disciplinary actions, governance of Bar Councils, and the introduction of new professional standards. Below is a detailed explanation of the key provisions of the amendment in a simple and easy-to-understand manner. 1. Introduction of Advisory and Regulatory Bodies 🔹 The Bar Council of India (BCI) will establish an Advisory Board to oversee legal education, research, and the legal profession . 🔹 Bar Associations at different levels, such as Supreme Court, High Courts, and Tribunals , will be formally recognized. 🔹 There will be periodic verification of advocates’ credentials, places of practice, and law degrees to maintain professionalism and ac...

Difference Between Writ of Certiorari and Writ of Prohibition & Their Usage 1. Introduction The Indian Constitution provides various constitutional remedies to ensure justice and protect fundamental rights. One of the most important remedies is the writ jurisdiction under Article 32 (Supreme Court) and Article 226 (High Courts) . Among the five types of writs— Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto —the writs of Certiorari and Prohibition are often confused as they both deal with judicial review and control over lower courts and tribunals . However, there is a key difference: Writ of Prohibition is issued before an illegal action is completed. Writ of Certiorari is issued after an illegal action has been completed. In this essay, we will explore the difference between Certiorari and Prohibition , their scope, application, and when they are used . 2. Meaning of Writs & Constitutional Provision 🔹 What is a Writ? A writ is a formal...

  Freedom of Speech Implies Right to Remain Silent – Explanation with Recent Case Law 1. Introduction The Right to Freedom of Speech and Expression is a fundamental right granted under Article 19(1)(a) of the Indian Constitution. It allows individuals to freely express their thoughts, opinions, and beliefs. However, an important yet lesser-discussed aspect of this right is the right to remain silent , which means an individual cannot be compelled to speak or express themselves against their will. The right to remain silent has been interpreted by courts in several cases and is closely linked to other fundamental rights such as: ✔️ Right to Privacy (Article 21) – Protecting individuals from forced disclosures. ✔️ Protection Against Self-Incrimination (Article 20(3)) – Ensuring that an accused person is not compelled to testify against themselves in criminal proceedings. In this essay, we will explore how the right to remain silent is an essential part of freedom of spee...

  Article 22 – Protection of Rights in Case of Arrest and Detention 1. Introduction Article 22 of the Indian Constitution provides protection to individuals against arbitrary arrest and detention . It lays down the rights of a person who is arrested and the procedures that must be followed by authorities . This article ensures personal liberty and safeguards against misuse of power by the state . 📌 Definition: ✔️ Article 22 guarantees fundamental rights to an arrested person by providing legal procedures for detention and protection from wrongful imprisonment. ✔️ It applies to both citizens and non-citizens of India. 💡 Example: If a person is arrested without being informed of the reason , it violates Article 22 , and they can challenge their detention in court. 2. Key Provisions of Article 22 Article 22 consists of two categories of protection : 1️⃣ Protection for ordinary arrests (Clauses 1 & 2). 2️⃣ Protection against preventive detention (Clauses 3 to...

  Prisoners' Rights in India 1. Introduction Prisoners, despite being convicted or under trial, do not lose their fundamental rights except for those restricted by law. The Constitution of India and various Supreme Court rulings have recognized that prisoners are entitled to basic human rights , dignity, and fair treatment. 📌 Definition: ✔️ Prisoners' rights refer to the legal and constitutional protections granted to individuals in custody to ensure their humane treatment. ✔️ These rights aim to prevent inhuman treatment, abuse, and discrimination inside prisons. 💡 Example: A prisoner cannot be tortured or denied medical treatment , as it violates their Right to Life under Article 21 . 2. Constitutional Provisions Protecting Prisoners' Rights Although the Constitution does not directly mention prisoners’ rights , various fundamental rights apply to them : 1. Article 14 – Right to Equality ✔️ Prisoners have the right to equal treatment without discrimina...

  Writs under the Indian Constitution 1. Introduction The Constitution of India grants the power to the Supreme Court (under Article 32) and High Courts (under Article 226) to issue writs for the enforcement of fundamental rights and other legal rights. Writs are powerful judicial remedies that protect individuals from unlawful actions by the state or any authority. 📌 Definition: ✔️ A writ is a formal order issued by a court directing an individual or authority to act or refrain from acting in a certain way. ✔️ Purpose: To provide constitutional remedies when fundamental rights are violated. 💡 Example: If a person is wrongfully detained by the police , they can file a writ petition for their immediate release . 2. Constitutional Provisions for Writs ✔️ Article 32 – Empowers the Supreme Court to issue writs for the enforcement of fundamental rights . ✔️ Article 226 – Grants High Courts the power to issue writs for fundamental rights as well as legal rights ...

  Restriction of Freedom of Speech and Expression 1. Introduction Freedom of Speech and Expression is a fundamental right granted by the Indian Constitution under Article 19(1)(a) . It allows citizens to express their opinions freely through speech, writing, publishing, or any other form of communication. However, this right is not absolute and is subject to reasonable restrictions to maintain public order, morality, and national security. 📌 Definition: ✔️ Freedom of Speech and Expression means the right to express thoughts, opinions, and ideas freely without fear of government censorship or punishment. ✔️ This right forms the foundation of democracy , allowing citizens to criticize the government, share knowledge, and influence public policies. 💡 Example: A journalist has the right to write an article criticizing government policies , but they cannot spread false or defamatory news against someone. 2. Constitutional Provision: Article 19(1)(a) What Article 19(1)...