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The Myth of Legal Progress: What India Gets Wrong About Consent

The Bharatiya Nyaya Sanhita (BNS), 2023, defines consent as “an unequivocal, voluntary agreement when the woman, by words, gestures or any form of verbal or non-verbal communication, communicates a willingness to participate in the specific sexual act.” On paper, this is a progressive and affirmative definition, emphasising free will, specificity, and communication. This is not…

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Delhi High Court Rejects PIL To Abolish Offences Of ‘Waging War’, ‘Unlawful Assembly’ From BNS 2023

The Delhi High Court on Wednesday dismissed a public interest litigation seeking abolition of offences of waging war against the State and unlawful assembly from the Bharatiya Nyaya Sanhita (BNS), 2023. A division bench comprising Chief Justice DK Upadhyaya and Justice Anish Dayal remarked that it cannot direct the Parliament to abolish the provisions as…

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BNS Section 357 – Breach of contract to attend on and supply wants of helpless person

The Indian Penal Code (IPC) Section – 491 Understanding Bharatiya Nyaya Sanhita (BNS) Section 357: Neglecting Care of Helpless Persons This law deals with failing to care for a helpless person as per a legal contract. Here’s a simple breakdown: What is the Crime? If a person: they are committing a crime under this section. Punishment: Up…

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BNS Section 356 – Defamation

The Indian Penal Code (IPC) Section – 499,502 Understanding Bharatiya Nyaya Sanhita (BNS) Section 356: Defamation This law deals with harming someone’s reputation through false statements, words, signs, or publications. Here’s a simple breakdown: What is Defamation? Defamation occurs when a person: Examples: Key Points Exceptions (When It’s NOT Defamation) Punishment Type of Defamation Punishment Bail? Trial…

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BNS Section 354 – Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure

The Indian Penal Code (IPC) Section – 508 Understanding Bharatiya Nyaya Sanhita (BNS) Section 354: Using Divine Threats to Force Actions This law deals with forcing someone to act or not act by scaring them with divine punishment (like anger from God or gods). Here’s a simple breakdown: What is the Crime? If a person: they are…

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BNS Section 353 – Statements conducing to public mischief

The Indian Penal Code (IPC) Section – 505 Understanding Bharatiya Nyaya Sanhita (BNS) Section 353: Statements Causing Public Mischief This law deals with spreading false statements, rumors, or reports that can cause harm to public order or create hatred between communities. Here’s a simple breakdown: What is the Crime? If a person: they are committing a crime…

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BNS Section 352 – Intentional insult with intent to provoke breach of peace

The Indian Penal Code (IPC) Section – 504 Understanding Bharatiya Nyaya Sanhita (BNS) Section 352: Intentional Insult to Provoke Breach of Peace This law deals with intentionally insulting someone to provoke them into breaking public peace or committing a crime. Here’s a simple breakdown: What is the Crime? If a person: they are committing a crime under…

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BNS Section 351 – Criminal intimidation

The Indian Penal Code (IPC) Section – 503,506,507 Understanding Bharatiya Nyaya Sanhita (BNS) Section 351: Criminal Intimidation This law deals with threatening someone to cause fear or force them to act against their will. Here’s a simple breakdown: What is Criminal Intimidation? If a person: they are committing criminal intimidation. Punishment: Up to 2 years in jail OR fine OR both. Key…

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