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
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.Ā This document is a substantive analysis of theĀ Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and theĀ Bharatiya Sakshya Bill, 2023,Ā which aim to assess major changes being proposed to criminal procedure and evidence as they exist in theĀ Code of Criminal Procedure, 1973 (CrPC) and theĀ 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 readerās convenience. The document also contains aĀ comparative table towards the end that captures the introduction or modification of timelines through the BNSS for different stages of the criminal procedureĀ 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 āfalse and misleading information jeopardising the sovereignty, unity and integrity of Indiaā.
This post analyses the replacement of āseditionā with the newly inserted provision seeking to penalise acts endangering the sovereignty, unity and integrity of India.
