Posts

Overview of Bharatiya Nyaya Sanhita (“BNS”)

   Bharatiya Nyaya Sanhita,2023 ( BNS ), which has come in force since July 01,2024 to replace the Indian Penal Code,1860 ( IPC ), has brought about several significant changes to the Indian criminal justice system. BNS consists of 358 sections enumerated under 20 chapters as compared to 511 Sections of IPC in 23 Chapters. Further, definitions scattered from section 6 to section 52 of IPC have also been brought under two sections viz. Section 2 on ‘definitions’ and Section 3 on ‘general explanations’ under Chapter I of BNS. Though the BNS retains most offences from the IPC, the significant changes are as follows: 1.  Deletion of Definitions under IPC: In the BNS, many definitions have been merged and are listed alphabetically under clause 2 of BNS. Gender has been redefined and in addition to male and female gender, transgender has even been transgender has been included in the definition of ‘Gender’ under Section 2(10) of BNS.  Changes have been made in de...
Post a Comment
Read more

Section 148- The hidden gem of CPC

  Seciton 148 is o ne of the hidden gems of CPC that often go unnoticed is- Section 148 of the Code of Civil Procedure, 1908 (hereinafter “The Code”). This section provides for the ample discretionary power of the court to enlarge time not exceeding 30 days in total, either one-time straight or in a phased manner, for “doing of any act” under the Code (NOT under any other law, for instance, the Limitation Act, 1963). This extension is granted even when the original period, whether fixed or prescribed, for doing an act under the Code, has expired. It was only after the 1999 Amendment to the Code that the period for enlargement of time was fixed to a maximum limit of 30 days in total so as to curtail procedural delay caused by any party to the suit or proceeding For example, when a court imposes costs under the Code on a party and the period to pay the same is “fixed” by the court, then even after the expiry of the said “fixed” original period to pay the costs, the party may make...
Post a Comment
Read more

Constitution as a Living Document

  The word “living”, which means something that evolves over time to adapt to new surroundings, much like other living organisms do.  Similarly, the Constitution is also an evolving document. Our Indian constitution evolves from time to time in order to improve it and benefit society. Now another question arises: how did the constitution evolve? The evolution of the constitution takes place by amendment, and this power of amendment is under Article 368 of the Indian Constitution, which helps us to add new laws or change existing ones.    The Constitution also evolves in the way we interpret the meaning of the text present in our Constitution. Even without amending it, the Constitution can be evolved as the Constitution has a dynamic meaning that evolves and adapts to new circumstances.    [In the Kapila Hingorani vs. State of Bihar case , the Supreme Court observed that the interpretation of the constitution or the statutes would change from time...
Post a Comment
Read more