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.
Click to explore : Research Brief Annotated Comparison Editorials & Interviews Research Brief Bharatiya Nyaya(Second) Sanhita Bill, 2023 & Bharatiya…
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.