Found 1005 Articles for Legal Studies

The basic concept behind inserting the chapter termed as “General Exceptions, ” is to provide de jure defenses against criminal liability in a given situation. So, primarily, understanding of the concept of general exceptions and their scope and limitations are very important. So, in this article, we will understand the meaning, scope, and limitations of general exceptions and then we will also analyze the differences between the general exceptions described in the Indian Penal Code and the Bharatiya Nyaya Sanhita. Meaning of General Exceptions The “General Exceptions, ” especially in reference to Indian criminal law, is defence mechanism ... Read More

The pronouncement of a foreign judgment and subsequently its enforcement on a foreign land is a crucial aspect of international law that supports the cross-border legal proceedings. Likewise, Civil Procedure Code (CPC) of India, also recognizes and defines the conditions under which the foreign judgment can be enforceable. Section 13 and Section 14 specifically discuss ‘when foreign judgement not conclusive and presumption as to foreign judgement respectively. These sections provide guidance on when a foreign judgment may not be considered conclusive in Indian courts. Meaning of Foreign Court Before understanding the meaning of applicability of ‘foreign judgement’ in India, ... Read More

The Payment of Bonus Act of 1965 is one of the oldest legislations that emphasized on the welfare of the workers by regulating the payment of bonuses for them. The concept of payment of bonus to the employees working in an establishment, is materialized to encourage workers’ work efficiency by enriching their financial status. What is Bonus? In reference to our topic, “bonus” refers some extra payment or reward given by the employers to their employees on some special occasions. It is supplement to their regular income that employers usually provide from their surplus incomes. It is interesting ... Read More

Private defence, (also called as self-defence), is a legal provision described in the Indian Penal Code of 1860. The provision empowers every individual to protect themselves, their property, and others from unlawful attack. However, recently the Parliament has legislated the Bharatiya Nyaya Sanhita, 2023 to replace existing Indian Penal Code, 1860. Though Bharatiya Nyaya Sanhita (BNS) retains the most of the provisions of IPC, but at the same time, has also amended many of the provisions. So, in this article, primarily, will understand the meaning, scope, and limitations, of “private defence” under BNS and then analyses the changes ... Read More

Arrest of any person, in a normal circumstance, by anyone is not allowed and if someone arrests any person without any substantial reason, it is a penal offence. Even a police officer, or any other government official having authority to arrest, cannot arrest arbitrarily. It means, there is some rule to arrest someone. A police officer can arrest a person, if he has the magistrate order to do so. And, in a condition, when a police officer arrests someone without warrant then there must be substantial reason to do so, such as the arrested person must be an accused of ... Read More

“Punishments” under Indian Penal code defined in Chapter III; on the other hand, in Bharatiya Nyaya Sanhita, it is defined under Chapter II. This chapter titled as “Of Punishment, ” primarily, categorized punishment and then defined it. Furthermore, throughout the document, crimes are classified and respective punishments are defined. Punishment in respect to any crime is defined exclusively based on the type and degree of crime. So, in this article, first will understand the meaning and types of punishment, as defined under the code, and then analyze the difference between the ‘punishment’ defined under IPC and newly legislated law ... Read More

Definitions under Bharatiya Nyaya Sanhita defined in section 2 of Chapter I (Preliminary). Chapter I is “Preliminary, ” which is introductory sections that provide key definitions and explanations of important terms used throughout the legal document i.e. Bharatiya Nyaya Sanhita. Further, this preliminary chapter serves to clarify the meanings of specific terms and concepts, which ensure a common understanding of the language used in the Bharatiya Nyaya Sanhita (BNS). Likewise, ‘definitions’ under Bharatiya Nyaya Sanhita play a crucial role in legal interpretation by helping individuals, legal professionals, and the judiciary to apply the provisions accurately. Similar to ... Read More

Bharatiya Nyaya Sanhita, 2023 is one of the newest legislations that came into existence by replacing the Indian Penal Code of 1860. On 11th of August, Ministry of Home Affairs has introduced the Bharatiya Nyaya Sanhita Bill in the Lok Sabha (Lower House) that finally passed by Lok Sabha on 20th of December, 2023 and also by Rajya Sabha same day i.e. on 20th of December, 2023. Subsequently, on 25th of December, 2023, Hon’ble President Droupadi Murmu has also signed the Bill and it became an Act. The BNS is thoroughly revised form of the Indian Penal Code with ... Read More

The Bharatiya Nyaya Sanhita (BNS) Bill that was primarily introduced on 11th of August, 2023, finally became full-fledged law, as the President signed (the bill) on 25th of December, 2023. The BNS, which is thoroughly revised form of existing Indian Penal Code of 1860, has deleted some of the non-relevant provisions, some provisions amended, and as per the requirements of the present society, some (entirely) new provisions are also inserted. Sections in Bharatiya Nyaya Sanhita that were Not Present in the Indian Penal Code The Bharatiya Nyaya Sanhita, 2023, included some new sections, which address contemporary challenges ... Read More

Bharatiya Sakshya Adhiniyam (BSA), which has been finally assented by the President of India on 25th of December, is the modern law of evidence. The BSA has now replaced the existing Indian Evidence Act of 1872. The BSA has been legislated with the objectives to simplify, consolidate, and make it more relevant in the present context. What does Indian Evidence Act, 1872 Exactly Define? The Indian Evidence Act of 1872 typically defines, classifies, and explains the ‘evidence’ including its admissibility and relevance. Besides, the Act also regulates the procedures of producing such evidence in the court. Legislated and enacted ... Read More