The newly enacted BNSS made a provision for a compulsory pre-trial hearing of the accused. The Magistrate shall conduct it before taking cognizance. It will serve as a double protection for the accused, as the accused can now present his case before the initiation of trial proceedings. In the previous act, there was no specific …
The use of advanced technology can be seen in the newly enacted laws. Even the definition of evidence has been expanded to include electronic evidence. It now allows the appearance of witnesses, accused, victims, and experts through electronic means which means video calls. This will make the process of trial easier and it will also …
How Beneficial Is Audio-Video Electronic Means For Investigation And Trial Under Bnss Read More »
Section 173 of Bharatiya Nagarik Suraksha Sanhita covered the concept of FIR. It has made changes keeping in view technological advancements and societal change. It made the zero FIR express provisions. Earlier also, there was a concept of Zero FIR prevalent in certain offenses, like sexual offenses, but now the parliament has expressly made the …
All three laws have been referred to the appropriate Parliamentary Standing Committee. Although the bills have yet to be adopted and notified, they have already been a hot topic of controversy and discussion. While some appreciate the initiative to decolonize the current criminal infrastructure, many others have questioned it as hasty and lacking sufficient public …
Recognition Of Complaints Against Public Servants, Sanction To Prosecute Under Bnss Read More »
Cl. 102 and Cl. 107(2) of the BNS prescribe punishment for the offenses of murder and attempted murder (where the hurt is caused), respectively, committed by prisoners serving life sentences. Both provisions specify the death penalty or a life sentence as possible punishments. Murder Under Bns According to Clause 101(2) of the BNS Bill, mob …
The BNS Bill proposes a total of 356 provisions to replace the Indian Penal Code of 1860, replacing certain articles and prioritizing offenses against women and children, murder, and state offenses. For the first time, terrorist activity and organized crime charges have been included in the bill. The BNS has recommended repealing some parts of …
Hiring, Employing, Or Engaging A Child To Commit An Offence Under Bns Read More »
Before MHA 2017, the Mental Healthcare Act of 1987 prioritized the institutionalization of mentally ill persons and denied them any rights. The Act gave judicial officers and mental health facilities disproportionate power to authorize long-term hospitalizations, often against the individual’s informed consent and preferences. As a result, some people continue to be admitted and languish …
Mental Illness Under The Mental Healthcare Act, 2017 V/S. Mental Illness Under The Bns Read More »
The BNS now includes new offenses such as organized crime (Clauses 109-110), terrorist acts (Clause 111), acts endangering India’s sovereignty, unity, and integrity (Clause 150), murder by a group of five or more people based on race, religion, caste, etc. (Clause 101), making or publishing fake news (Clause 195), and sexual intercourse by deceptive means …
The Bharatiya Nyaya Sanhita retains Most of the IPC’s crimes. It includes community service as a type of punishment. Sedition is no longer considered an offense. Instead, a new felony has been formed for acts that threaten India’s sovereignty, unity, and integrity. Terrorism is now included as a crime under the BNS. It is described …
Variety Of Offenses Under Bns (Snatching, Petty Organised Crime) Read More »
One of the hallmarks of colonialism is the permanent and continuous growth of the State’s policing powers over its subjects. The new criminal rules do little to shift away from the colonial mindset of an all-powerful state. Rather, they intensify the power dynamic between the state and the citizens by strengthening police powers and establishing …
