The Bharatiya Nyaya Sanhita (BNS), 2023, marks a transformative step in Indian criminal jurisprudence, replacing the colonial-era Indian Penal Code (IPC) with a more structured, modern, and inclusive framework. Among the most critical parts of the new law is Chapter 5 – Of Offences Against Women and Children, which aims to enhance the legal response…
Introduction: The Role of General Exceptions in Criminal Justice In the Indian legal system, criminal liability is not just about whether a person committed a particular act—it is also about why and how the act was committed. The Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the Indian Penal Code (IPC) of 1860, continues this foundational…
Introduction: Laying the Groundwork for Fair Trials India has entered a new phase in its criminal justice journey with the introduction of Bharatiya Nyaya Sanhita, 2023 (BNS). Among its key sections, Chapter 2 plays a crucial role in shaping how crimes are addressed and justice is delivered. This chapter focuses on “General Explanations”, which, though…
In 2023, the Indian legal system witnessed one of its most significant reforms in recent history. Along with the introduction of new criminal laws—the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita—the government also replaced the colonial-era Indian Evidence Act, 1872, with a new and modern legislation called the Bharatiya Sakshya Adhiniyam, 2023. This…
Introduction: A Major Leap from Colonial CrPC to Indigenous Reform India’s legal framework has long relied on the Criminal Procedure Code, 1973 (CrPC), a law with roots in the colonial era. While it has undergone several amendments, many experts agreed that a complete overhaul was necessary to reflect modern realities. In 2023, the Indian government…
Introduction: The Need for Change For more than 160 years, India’s criminal law relied on the Indian Penal Code, 1860—a law drafted during British colonial rule. While it served as the backbone of criminal justice, it no longer reflected the needs of a modern, democratic, and digital India. To address this gap, the Government of…
Introduction: A Story from the Courtroom Ravi, a college student, found himself accused of a crime he never committed. The CCTV footage from a local shop could prove his innocence, but the court hesitated. The old law, the Indian Evidence Act of 1872, didn’t have clear provisions to accept such digital evidence. This kind of…