On 12 December, revised criminal law bills were introduced in the Lok Sabha, viz. Bharatiya Nyaya (Second) Sanhita Bill, 2023, Bharatiya Nagarik Suraksha (Second) Sanhita Bill, 2023, and Bharatiya Sakshya (Second) Bill, 2023. This document highlights the key changes proposed.
Click to explore : Research Brief Annotated Comparison Editorials & Interviews Research Brief Bharatiya Nyaya(Second) Sanhita Bill, 2023 & Bharatiya…
This piece critiques the Rajasthan High Court ruling that disrobing does not amount to rape. The piece highlights the significant issues in judicial interpretation of the difference between ‘attempt to commit rape’ and ‘assault to outrage the modesty of a woman’ in Indian law. It argues that current judicial interpretations of what constitutes an attempt to rape are inconsistent and problematic, particularly in cases involving ‘disrobing’. It considers various factors from judicial precedent to propose a new, more comprehensive test for courts to determine attempted rape.
In the context of the Delhi Excise Policy case, this article problematises the practice of filing multiple supplementary chargesheets. It explains how this practice amounts to an illegal misuse of investigative powers and the effects of it on the accused person’s rights in a criminal trial.
This article examines the Gujarat Prevention of Anti-Social Activities Act, 1986 (PASA), highlighting the lack of constitutionally acceptable thresholds in the legislation to guide the exercise of preventive detention powers.
Drawing from Douglas Husak’s ‘theory of criminalisation’, this article argues that current criminal law is insufficient to deal with gender-based crimes in times of conflict in India and suggests reforms.
The Supreme Court has recently reserved its judgement on a Madras High Court decision in S. Harish v. Inspector of Police quashing proceedings against a 28-year-old man accused of watching child pornography. The ruling in S. Harish has sparked debate over whether watching child pornography falls within the purview of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and sets a harmful precedent as it concludes that watching and possessing child pornography is not illegal, thereby raising the potential increase in demand for such material and putting innocent children at risk of exploitation.
Three bills were introduced in the Lok Sabha that sought to repeal and replace the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. In the first installment, Project 39A has prepared the document comparing the proposed Bharatiya Nyaya Sanhita Bill, 2023 (BNS) with the current provisions of the Indian Penal Code, 1860 (IPC).
Three bills were introduced in the Lok Sabha that sought to repeal and replace the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. In the third installment, Project 39A has prepared the document comparing the proposed Bharatiya Nagarik Suraksha Sanhita, 2023 with the current provisions of the Code of Criminal Procedure, 1973.
Three bills were introduced in the Lok Sabha that sought to repeal and replace the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. In the second installment, Project 39A has prepared the document comparing the proposed Bharatiya Sakshya Bill, 2023 with the current provisions of the Indian Evidence Act, 1872.
Episode 26 of the 39A Podcast discusses the recent Pune Porsche case where a 17-year-old allegedly caused the death of two hapless victims while driving rashly and under the influence. The case has made waves in the media due to reports of preferential treatment and manipulation of evidence. However, the case also invokes questions of Juvenile Justice law which are largely unaddressed by mainstream media. In this podcast, Anup Surendranath converses with child rights experts— Bharati Ali, Swagata Raha and Mahesh Menon, who bring decades of experience with the juvenile justice system and analyse the legal and procedural aspects of juvenile justice in India.
This article looks at the ‘Pune Porsche’ case and answers the questions – first, what exactly does the law lay down? Second, was the law followed in this case? Third, is the public outrage, though understandable, placed correctly in the demands being made – in terms of bail for the juvenile, as well as exploration of the ‘judicial waiver’ – the option to ‘treat the child as an adult’ in the judicial process?