This post analyses the modifications in the scheme of issuing proclamations, and the implications of introducing the trial in absentia in the Bharatiya Nagarik Suraksha Sanhita
Articles
104 Articles
This post examines changes to procedures for the arrest and medical examination of an accused under the Bharatiya Nagarik Suraksha Sanhita.
In response to recent trial court proceedings in a case filed by the Delhi Police against members
of a news organisation under the Unlawful Activities Prevention Act, 1967 (UAPA), this piece
argues that an accused person has a right under Indian law to obtain a copy of the FIR
registered against her under S. 154 of the Code of Criminal Procedure, 1973 (CrPC). This right
is available at all stages of the criminal procedure, including prior to and during investigation.
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. This document is a substantive analysis of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Bill, 2023, which aim to assess major changes being proposed to criminal procedure and evidence as they exist in the Code of Criminal Procedure, 1973 (CrPC) and the Indian Evidence Act, 1872, respectively. In this substantive analysis of provisions, fourteen issues have been analysed in-depth. Other changes that do not receive a detailed assessment have been identified for the reader’s convenience. The document also contains a comparative table towards the end that captures the introduction or modification of timelines through the BNSS for different stages of the criminal procedure under the CrPC.
This article argues that Section 124-A (IPC) constitutes an offence of formal strict liability but fails to satisfy the philosophical justifications of strict criminal liability. It concludes by showing how Section 150 of the Bharatiya Nyaya Samhita Bill rectifies this defect by adding the mens rea element of knowledge or purpose.
This post analyses the implications of the newly-inserted provision criminalising making or publishing ‘false and misleading information jeopardising the sovereignty, unity and integrity of India’.
This post analyses the replacement of ‘sedition’ with the newly inserted provision seeking to penalise acts endangering the sovereignty, unity and integrity of India.
This post analyses the new provision prescribing punishment for ‘terrorist acts’, in light of the existing law and definitions in the UAPA.
This post analyses the newly introduced provisions penalising organised crime and their comparison with existing state organised crime legislations.
This post analyses changes introduced to the provision on death by negligence, including enhancement of punishment and obligatory reporting mechanisms.
This post analyses the issues with imposing a mandatory minimum of a whole life sentence as punishment for murder and attempt to murder by life convicts.
This post analyses concerns around the new additions for mob lynching in the provisions for murder and grievous hurt.
This post analyses the constitutive elements of the sexual offences framework envisaged by the Bill and highlights issues that emerge.
This post analyses the ambiguities brought about by Bharatiya Nyaya Sanhita Bill 2023 in defining “life imprisonment” as imprisonment for the remainder of natural life.
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 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.
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).
The article borrows from the United States of America to examine whether lethal injections are an appropriate mode of execution and a feasible alternative to hanging by the neck in India.
This article proposes that the Supreme Court’s judgement in Enforcement Directorate v. Kapil Wadhawan is a well-reasoned opinion that strengthens statutory bail, whose interpretive preferences are capable of being invoked to undermine the extinguishing regime.