Accident while performing a lawful act Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustrations A is at work with a hatchet; the head flies…
Act done by a person justified, or by mistake of fact believing himself, justified, by law If someone is allowed to by the law to do something, or if they mistakenly believe they are allowed by the law because of a mistake in the law, then they are not breaking the law. Illustrations A sees…
Act done pursuant to the judgment or order of Court Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or…
Act of the Judge when acting as a judge A judge can’t break the law when he or she is doing their job and using any power that the law gives them, or that they honestly believe they have. Important Things About BNS-15 According to BNS-15 of the Bharatiya Nyaya Sanhita, 2023, judges who are…
Action taken by someone who is legally required to do so, or who wrongly thinks they are legally required to do so If someone is legally required to do something, or if they mistakenly think they are legally required to do something, that is not an offense. Some examples (a) Soldier A fires on a…
Introduction Certain crimes pose a greater threat to society when committed repeatedly. To address this, BNS Section 13 of the Bharatiya Nyaya Sanhita (BNS), 2023 provides enhanced punishment for repeat offenders convicted under Chapters X and XVII of the Sanhita. This section ensures that habitual offenders receive stricter penalties to prevent them from continuing criminal…
Introduction Solitary confinement, while a recognized disciplinary measure in prisons, must be applied fairly and humanely. BNS Section 12 of the Bharatiya Nyaya Sanhita (BNS), 2023, places strict limits on the duration and frequency of solitary confinement. This section ensures that solitary confinement:✅ Does not exceed legal limits.✅ Is not applied excessively to prevent severe…
Introduction Solitary confinement is one of the most controversial forms of punishment, often used as a disciplinary measure in prisons. BNS Section 11 of the Bharatiya Nyaya Sanhita (BNS), 2023, establishes the legal framework for imposing solitary confinement as part of rigorous imprisonment. This section sets clear limits and conditions to ensure that it is…
Punishment of a person found guilty of more than one crime, with the ruling saying it is unclear which one. If a judge says that someone is guilty of one of several crimes listed in the judgment, but it is not clear which one he is guilty of, the person will be punished for the…
The maximum sentence for a crime that involves more than one crime. (1) If an offense is made up of parts, and any one of those parts is an offense in its own right, the person who committed the offense shall not be sentenced for more than one of those offenses, unless the law says…
