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.
Punishment
11 Articles
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).
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?
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.
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 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.
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.
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.