Law & Life

  General Exceptions of Insanity and Intoxication Under Bharatiya Nyaya Sanhita (BNS) with Case Laws Introduction The general exceptions under criminal law provide immunity from liability when an accused lacks the mental capacity to understand the nature of their act. Two such defenses are insanity and intoxication , where an individual, due to mental disorder or the influence of substances, is unable to form the required mens rea (guilty mind) for committing a crime. The Bharatiya Nyaya Sanhita (BNS), 2023 , similar to the earlier Indian Penal Code (IPC), recognizes these defenses to ensure that individuals who lack the cognitive ability to control their actions are not wrongfully punished . However, these exceptions are applied with strict legal scrutiny to prevent misuse. This discussion explores the legal provisions , types , conditions , and landmark case laws related to insanity and intoxication in Indian criminal jurisprudence. Legal Provisions Under BNS, 2023 ...

  Section 152 of the Bharatiya Nyaya Sanhita, 2023: Acts Endangering Sovereignty, Unity, and Integrity of India Introduction The sovereignty, unity, and integrity of a nation form the backbone of its constitutional and legal framework. India, being a diverse and multi-ethnic democracy, faces challenges from various internal and external threats that seek to disrupt its territorial integrity and social harmony. To counter such threats, Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023 , provides stringent legal provisions against activities that endanger the sovereignty and unity of India. This section criminalizes any act, whether verbal, written, electronic, financial, or otherwise, that promotes secession, armed rebellion, subversive activities, or separatist sentiments. It ensures that individuals or groups attempting to destabilize the nation through propaganda, financial support, or direct participation in anti-national activities are subjected to strict legal conseque...

  Common Intention in Bharatiya Nyaya Sanhita, 2023 Introduction to Common Intention Common intention is an essential principle in criminal law , which states that when two or more individuals act together with a shared purpose to commit a crime , each person involved is equally responsible for the offense. In Bharatiya Nyaya Sanhita (BNS), 2023 , the concept of common intention is covered under Section 35 , which deals with joint liability in criminal acts. This provision ensures that all persons participating in a crime are held accountable, regardless of their specific role in the offense. The core idea behind common intention is that even if only one person physically commits the crime, all those who actively contributed to the criminal act with a shared objective will be equally punished . Courts determine common intention based on the circumstances, prior planning, and conduct of the accused . Common Intention in Bharatiya Nyaya Sanhita, 2023 1. Definition and Legal ...

  Unlawful Assembly in Bharatiya Nyaya Sanhita, 2023 Introduction to Unlawful Assembly Unlawful assembly refers to a gathering of individuals with the intent to commit an offense, disturb public peace, or resist legal authority. It is considered a criminal act when a group of people gathers with a common unlawful purpose , posing a threat to public order and safety. In Bharatiya Nyaya Sanhita (BNS), 2023 , unlawful assembly is defined with clear provisions outlining what constitutes an unlawful gathering, the punishment for participation, and the role of law enforcement in controlling such assemblies . This law ensures that peaceful gatherings and protests are not misused for criminal activities. The legal provisions on unlawful assembly are significant for maintaining law and order in society. Courts analyze factors such as the number of people involved, their intent, and the nature of the assembly before declaring it unlawful. Unlawful Assembly in Bharatiya Nyaya Sanhita...

  Community Service in Bharatiya Nyaya Sanhita, 2023 Introduction to Community Service Community service is a form of punishment that requires offenders to perform unpaid work for the benefit of society. It is considered a reformative and rehabilitative measure rather than a purely punitive one. The Bharatiya Nyaya Sanhita (BNS), 2023 , recognizes community service as an alternative to short-term imprisonment or fines, particularly for minor offenses and first-time offenders . The objective of community service is to reform the offender , making them understand the consequences of their actions while contributing to public welfare. This approach ensures that individuals are not unnecessarily sent to prison for petty crimes, reducing overcrowding in jails and promoting a sense of responsibility among offenders. In BNS, 2023 , community service is introduced as a legal sanction , offering an alternative punishment for specific offenses where imprisonment may not be necessary. ...

Introduction to Mens Rea The concept of Mens Rea (Latin for "guilty mind") is one of the foundational principles of criminal law. It refers to the mental state of an accused person at the time of committing an offense. The Bharatiya Nyaya Sanhita (BNS), 2023 , which replaces the Indian Penal Code (IPC), incorporates this principle to determine the degree of culpability in various crimes. In criminal law, a person is not held guilty merely based on their actions (Actus Reus) but also based on their mental state. Mens Rea ensures that an individual is punished only when they had criminal intent , knowledge , or recklessness while committing the act. This principle safeguards innocent individuals from being unjustly punished for accidental or unintended actions. The BNS, 2023 , recognizes different forms of Mens Rea, including intention, knowledge, recklessness, and negligence , which are used to classify and differentiate crimes. Sections related to offenses such as murder...

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 ...