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.
Indian Penal Code
9 Articles
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 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.