House-Breaking Meaning & Essentials U/S 330(2) BNS
What is House-Breaking – Section 330(2) BNS? A person commits house-breaking when they commit house-trespass and enter or leave the house (or any part of it) in any of the six specific ways described below. House-breaking can occur either while entering to commit an offence or while leaving after committing one. A person is guilty […]
Lurking House-Trespass Meaning & Essentials U/S 330(1) BNS)
What is Lurking House-Trespass – Section 330(1) BNS? A person commits lurking house-trespass when they enter or remain in a building, tent, or vessel without permission and take steps to hide their presence from someone who has the legal right to stop them from entering or to remove them. Examples of Lurking House-Trespass 1) A […]
Actus Non Facit Reum Nisi Mens Sit Rea Explained
Actus Non Facit Reum Nisi Mens Sit Rea Explained Synopsis Introduction to Mens Rea Criminal liability under Indian criminal law generally requires two components: actus reus (guilty act) and mens rea (guilty mind). Without a wrongful intention, a person cannot ordinarily be punished. Meaning of the Mens Rea (Maxim Actus Non Facit Reum Nisi Mens […]
Murder vs Culpable Homicide Explained
All Murders are Culpable Homicide, But Not all Culpable Homicide is Murder Synopsis Introduction In criminal law, specifically under the Bharatiya Nyaya Sanhita, 2023 (BNS), the concepts of culpable homicide and murder relate to the unlawful killing of a human being. These two crimes are very similar, but the intent and surrounding circumstances decide whether […]
When Culpable Homicide Becomes Murder
Explain the Circumstances Under Which Culpable Homicide Amounts to Murder Synopsis Introduction Under the Bharatiya Nyaya Sanhita, 2023, all murders begin as culpable homicide, but only certain aggravated situations convert it into murder. To understand when culpable homicide becomes murder, one must examine the mental element (mens rea) described in Section 103 BNS. Meaning of […]
What is Culpable Homicide?
What is Culpable Homicide? Synopsis Introduction The term homicide simply means the killing of a person by another person. This act can be unlawful or lawful (e.g., in self-defence, by judicial order). Culpable homicide means causing the death of a person by doing an act that is wrongful, blameworthy, and done with intention or knowledge. […]
Abetment Law Under BNS 2023
Explain the Law Relating to Abetment under Bharatiya Nyaya Sanhita (BNS), 2023 – With Examples Synopsis Introduction to Abetment under BNS, 2023 Under the Bharatiya Nyaya Sanhita, 2023, abetment refers to situations where a person intentionally encourages, instigates, aids, or engages in a conspiracy to commit an unlawful act. Even if the abettor does not […]
Types of Punishments under BNS 2023
Different Types of Punishments under Bharatiya Nyaya Sanhita (BNS), 2023 Synopsis Introduction Punishment is an important part of criminal law. It aims to maintain public order, prevent crimes, and reform offenders. The Indian Penal Code (IPC), 1860 originally governed punishments under Section 53. In the new criminal law, the Bharatiya Nyaya Sanhita (BNS), 2023, punishments […]
Crime vs Tort: Key Differences Explained
Difference Between Crime and Tort With Examples Synopsis Meaning of Crime A crime is a wrongful act or omission which is punishable by the State. Under Indian criminal law, a crime is considered an offence against society, not just an individual. Relevant Provisions Thus, a crime is a punishable act that disturbs public order, safety, […]
What Is Crime?
What Is Crime? Synopsis Definitation of Crime Under BNS and IPC There is no single definition of “crime” in the Bharatiya Nyaya Sanhita, but Section 2(24) BNS defines an “offence” as any act that is made punishable under this Sanhita. A crime is an act or omission that is prohibited by law and punishable by […]