This section covers sentence may be wholly or partly rigorous or simple in the Bharatiya Nyaya Sanhita (BNS 2003). Sentence maybe (in certain cases of imprisonment) wholly or partly rigorous or simple. In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the … Read more
This section covers fractions and terms of punishment in the Bharatiya Nyaya Sanhita (BNS 2003). Fractions of Terms of Punishment: In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided. What was the old IPC code for Section 6 of BNS 2023? … Read more
This section covers commutation of sentence in the Bharatiya Nyaya Sanhita (BNS 2003). Commutation of Sentence: The appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Explanation: For the purposes of this section … Read more
This section covers punishments in the Bharatiya Nyaya Sanhita (BNS 2003). Punishments: The punishments to which offenders are liable under the provisions of this Sanhita are: (a) Death; (b) Imprisonment for life; (c) Imprisonment, which is of two descriptions, namely: (1) Rigorous, that is, with hard labour; (2) Simple; (d) Forfeiture of property; (e) Fine; … Read more
This section covers general explanations and expressions in the Bharatiya Nyaya Sanhita (BNS 2003). General Explanations: (1) Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions … Read more
This section covers definitions in the Bharatiya Nyaya Sanhita (BNS 2003). Definitions: In this Sanhita, unless the context otherwise requires: (1) “act” denotes as well a series of acts as a single act; (2) “animal” means any living creature, other than a human being; (3) “child” means any person below the age of eighteen years; … Read more
This section covers short title, commencement, application in the Bharatiya Nyaya Sanhita (BNS 2003). (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions … Read more
Issue The question concerning the interpretation of Section 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act, 2005 in view of the conflicting verdicts rendered in two Division Bench judgments i.e. Prakash and Ors. v. Phulavati and Ors., [(2016) 2 SCC 36] and Danamma @ Suman Surpur and Anr. v. … Read more
Issues Whether for purposes of Section 141 of the Negotiable Instruments Act, 1881, would it be sufficient if the substance of the allegation read as a whole fulfils the requirements of the said section and would it not be necessary to specifically state in the complaint that the persons accused was in charge of, or … Read more
Categories of Offences 1. Offences committed by Corporate Debtor or the Officers(s) of Corporate Debtors Section Particulars of Offence Penalties Section 68 Where a Corporate Debtor within the twelve months immediately preceding the insolvency commencement date: Willfully concealed any property or any debt, fraudulently removed any part of the property, of the value … Read more