{"id":5557,"date":"2025-08-31T18:42:32","date_gmt":"2025-08-31T13:12:32","guid":{"rendered":"https:\/\/lawjurist.com\/?p=5557"},"modified":"2025-08-31T18:45:24","modified_gmt":"2025-08-31T13:15:24","slug":"chapter-i-preliminary","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2025\/08\/31\/chapter-i-preliminary\/","title":{"rendered":"Chapter I \u2013 Preliminary"},"content":{"rendered":"\t\t
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Author: Rudrajeet Thakur<\/strong> <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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  1. INTRODUCTION\u00a0<\/b><\/li>\n<\/ol>\n

    The journey of Major Criminal Laws in India begins with the substantive criminal law of the\u00a0 land. In India, this is the Bhartiya Nyaya Sanhita, 2023 (BNS 2023). The Bhartiya Nyaya\u00a0 Sanhita received assent from the President in December 2023 and finally came into effect in\u00a0 July 2024. This Sanhita replaced the previously enacted Indian Penal Code on the grounds of\u00a0 its roots being attached to the colonial legacy. This Sanhita not only captures the heart and soul\u00a0 of our Justice system in its truest form by overhauling the British Colonial legacy, but also\u00a0 addresses the changing landscape of criminal legislation and adjudication with the development\u00a0 of science, technology, and forensics. This Sanhita focuses deeply on \u2018Nyaya\u2019 or \u2018Justice\u2019 as\u00a0 the correct approach towards achieving Justice, rather than just imposing \u2018Penalty\u2019 through its\u00a0 \u2018Penal\u2019 provisions. Restitution, not Retribution \u2013 should be the motto of the Judiciary, to carry\u00a0 out Justice throughout the nation, equally.\u00a0<\/span><\/p>\n

      \n
    1. SHORT TITLE, EXTENT & COMMENCEMENT\u00a0<\/b><\/li>\n<\/ol>\n

      The opening provision of the Bhartiya Nyaya Sanhita 2023 (BNS), i.e., Section 1, provides us\u00a0 with the Short Title, its Extent, and Commencement. All these topics, shared among\u00a0 subsections throughout the entire section, will be explained in detail with the help of examples\u00a0 and relevant case laws below.\u00a0<\/span><\/p>\n

      2.1 <\/b>Short Title\u00a0<\/b><\/p>\n

      Section 1(1) of the Bhartiya Nyaya Sanhita or BNS establishes the foundation for all the\u00a0 subsequent provisions by declaring the title of the statute as \u201cBhartiya Nyaya Sanhita\u201d. As\u00a0 mentioned above, Bhartiya Nyaya Sanhita focuses primarily on Nyaya or Justice instead of\u00a0 \u2018Penal\u2019, which adheres to the concept of the retributive theory of punishment. BNS, thus, does\u00a0 away with the colonial legacy of retribution in default of abiding by the law of the land and\u00a0 shifts its focus to a more reformative approach to justice.<\/span><\/p>\n

      2.2 <\/b>Extent\u00a0<\/b><\/p>\n

      Sections 1(3) to 1(5) of the Bhartiya Nyaya Sanhita 2023 talk about the territorial extent of the\u00a0 Sanhita. It gives a general idea about the territorial extent of jurisdiction where the Bhartiya\u00a0 Nyaya Sanhita can be applied and which type of persons can be held liable under this Sanhita.\u00a0 A major criminal statute needs to specify its territorial jurisdiction to establish itself properly\u00a0 in the country\u2019s legal framework. The key feature of the territorial jurisdiction of BNS is that\u00a0 it extends to the whole of India and beyond. So, by this logic, it can be inferred that the\u00a0 territorial jurisdiction is categorized into two major categories. Such as \u2013 <\/span>Intra-Territorial\u00a0 Jurisdiction <\/b>and <\/span>Extra-Territorial Jurisdiction.\u00a0<\/b><\/p>\n

      2.2.1 <\/b>Intra-Territorial Jurisdiction\u00a0<\/b><\/p>\n

      Section 1(3) of the Sanhita sheds light upon the intra-territorial jurisdiction of BNS. It declares\u00a0 that for every offence committed within the territory of India, the offender shall be liable under\u00a0 this Sanhita. Now, how can we determine what is the territory of India? The Territory of India\u00a0 consists of \u2013\u00a0<\/span><\/p>\n

      \u2219 <\/span>the geographical territory of India.\u00a0<\/span><\/p>\n

      \u2219 <\/span>the column of air over the territory of India.\u00a0<\/span><\/p>\n

      \u2219 <\/span>Waterways surrounding the geographical territory of India (except the high seas). <\/span>\u2219 <\/span>Every aircraft, ship, tank, etc., whether armed or unarmed, which carries the Indian flag.\u00a0<\/span><\/p>\n

      Important Case laws: <\/b>Mubarak Ali v State of Bombay, AIR 1957 SC 857 <\/span><\/i>2.2.2 <\/b>Extra-Territorial Jurisdiction\u00a0<\/b><\/p>\n

      Section 1(4) and 1(5) of the Bhartiya Nyaya Sanhita 2023 gives extra-territorial operation to\u00a0 the Sanhita.\u00a0\u00a0<\/span><\/p>\n

      Section 1(4) says that if a person liable by any law for the time being in force in India commits\u00a0 an offence beyond India, he will be held liable and tried in the same manner as if he had\u00a0 committed the crime within India. This provision of the BNS makes any person bound by\u00a0 Indian laws liable for offences committed by them outside India, thus being the first step\u00a0 towards the extra-territorial operation of the BNS.\u00a0<\/span><\/p>\n

      2.2.2.1 <\/b>Extradition\u00a0<\/b><\/p>\n

      Extradition is a process in which a convict is requested to be moved from one jurisdiction to another jurisdiction to properly conduct or continue the trial against him\/her. In the case of\u00a0 <\/span>Mubarak Ali v State of Bombay, <\/i><\/b>AIR 1957 SC 857<\/span><\/i>, Mubarak Ali was transferred from England\u00a0 to India by way of extradition to face charges against the offences he committed according to\u00a0 the Indian Penal Code.<\/span>1 <\/span>\u00a0<\/span><\/p>\n

      In <\/span>Soering v United Kingdom<\/i><\/b>, <\/span><\/i>it was held that as the convict had a possibility of being subjected to the death penalty for the crime he committed in the USA, the extradition from the\u00a0 UK to the USA would not be allowed as it would violate basic Human Rights principles.<\/span>2<\/span>\u00a0<\/span><\/p>\n

      Section 1(4) of the Bhartiya Nyaya Sanhita 2023 extends the scope of extra-territorial jurisdiction even further by declaring that the provisions of this Sanhita will extend to \u2013\u00a0<\/span><\/p>\n

      \u2219 <\/span>any citizen of India in any place within or beyond India;\u00a0\u00a0<\/span><\/p>\n

      \u2219 <\/span>any person on any ship or aircraft registered in India, wherever it may be;\u00a0 <\/span>\u2219 <\/span>any person in any place and beyond India committing an offence targeting a computer\u00a0 resource located in India.\u00a0<\/span><\/p>\n

      2.2.2.2 <\/b>Admiralty Jurisdiction\u00a0<\/b><\/p>\n

      Section 1(4) of the Sanhita gives admiralty jurisdiction to the Indian Courts. Admiralty\u00a0 Jurisdiction refers to the power of the Courts to try offences committed on any ship or aircraft\u00a0 registered in India, where it might be at the time of the offence.<\/span>3 <\/span>A ship is considered a floating\u00a0 island, so any ship or aircraft which flies the Indian flag will be considered to be a part of the\u00a0 territory of India. Thus, all vessels, ships or aircraft are considered to be part of the territory of\u00a0 India. A person who committed an offence on board such a vessel, ship or aircraft will be held\u00a0 liable according to whose flag the vessel, ship or aircraft is flying.\u00a0<\/span><\/p>\n

      2.3 <\/b>Date of Enforcement of The Bhartiya Nyaya Sanhita\u00a0<\/b><\/p>\n

      The Bhartiya Nyaya Sanhita (BNS) came into effect on July 1, 2024, replacing the Indian Penal\u00a0 Code (IPC).\u00a0<\/span><\/p>\n

        \n
      1. Mubarak Ali v State of Bombay <\/span><\/i>AIR 1957 SC 857\u00a0<\/span><\/li>\n
      2. Soering v. United Kingdom <\/span><\/i>161 Eur Ct HR (ser. A) (1989)\u00a0<\/span><\/li>\n
      3. Fatima Bibi Ahmed Patel v. State of Gujarat <\/span><\/i>AIR 2008 SC 2392<\/span><\/li>\n
      4. DEFINITIONS\u00a0<\/b><\/li>\n<\/ol>\n

        Section 2 of the Sanhita lists all the necessary and frequently used terms, providing certain\u00a0 definitions for each of them. Each of them carries the same definition except when the context\u00a0 otherwise requires. These definitions are listed below and reflected upon briefly:\u00a0<\/span><\/p>\n

        3.1 <\/b>act<\/b>\u00a0<\/b><\/p>\n

        An \u201cact\u201d under this Sanhita includes a single act or a series of acts, under Section 2(1). <\/span>3.2 <\/b>animal\u00a0<\/b><\/p>\n

        An \u201canimal\u201d under this Sanhita refers to any <\/span>living <\/b>creature, whether a human being or not,\u00a0 under Section 2(2).\u00a0<\/span><\/p>\n

        3.3 <\/b>counterfeit\u00a0<\/b><\/p>\n

        \u201ccounterfeit\u201d, under Section 2(3), under this Sanhita refers to an act of a person, in which he\u00a0 causes one thing to <\/span>resemble <\/b>another, in such a manner and with such an intent or knowledge\u00a0 that he\/she knows that such resemblance will cause deception. Now, in the explanation part of this section, exact resemblance or imitation is excluded from the essentials that constitute a\u00a0 \u2018counterfeit\u2019 act.\u00a0<\/span><\/p>\n

        3.4 <\/b>court\u00a0<\/b><\/p>\n

        As per Section 2(4) of BNS 2023, \u201ccourt\u201d means a single or a body of judges acting within\u00a0 their judicial capacities and deciding on legal matters.\u00a0<\/span><\/p>\n

        3.5 <\/b>death<\/b>\u00a0<\/b><\/p>\n

        \u201cdeath\u201d under Section 2(5) of the BNS means the death or end of life for a human being, unless\u00a0 the context suggests otherwise.\u00a0<\/span><\/p>\n

        3.6 <\/b>dishonestly\u00a0<\/b><\/p>\n

        Under Section 2(6) of BNS, \u201cdishonestly\u201d means an act done with the intention to cause\u00a0 <\/span>wrongful gain <\/b>to one person or <\/span>wrongful loss <\/b>to another.<\/span><\/p>\n

        3.7 <\/b>document\u00a0<\/b><\/p>\n

        Under Section 2(7) of BNS, the term \u201cdocument\u201d refers to any writing, marked, or expressed\u00a0 in letters, figures, or symbols on anything, intended to be or may be used as evidence in a court\u00a0 of law. It includes documents such as contracts, cheques, maps, or directions, and embraces\u00a0 both conventional and everyday accepted forms.\u00a0<\/span><\/p>\n

        3.8 <\/b>fraudulently\u00a0<\/b><\/p>\n

        The Bhartiya Nyaya Sanhita, under Section 2(8), defines \u201cfraudulently\u201d as an occurrence\u00a0 whereby a person does an act with the intention to <\/span>defraud <\/b>but not otherwise.\u00a0<\/span><\/p>\n

        3.9 <\/b>gender\u00a0<\/b><\/p>\n

        For the purpose of this Sanhita, the term \u201che\u201d and its derivatives are used for any person,\u00a0 whether male, female, or transgender, under Section 2(9) of BNS 2023.\u00a0<\/span><\/p>\n

        3.10 <\/b>good faith<\/b>\u00a0<\/b><\/p>\n

        The definition of \u201cgood faith\u201d under Section 2(10) of this Sanhita can be considered to be a\u00a0 negative definition, as it says what is \u2018not\u2019 in good faith rather than what is. Therefore, an act\u00a0 done without due care and attention is not done in good faith.\u00a0<\/span><\/p>\n

        3.11 <\/b>Government<\/b>\u00a0<\/b><\/p>\n

        Under Section 2(11), the term \u201cGovernment\u201d refers to the Central Government or a State\u00a0 Government.\u00a0<\/span><\/p>\n

        3.12 <\/b>harbour<\/b>\u00a0<\/b><\/p>\n

        To \u201charbour\u201d someone under Section 2(12) means to provide them with shelter, food, drink,\u00a0 money, clothes, arms, ammunition or means of conveyance, or assisting them by any means,\u00a0 for them to evade apprehension.\u00a0<\/span><\/p>\n

        3.13 <\/b>injury\u00a0<\/b><\/p>\n

        \u201cinjury\u201d under Section 2(13) of BNS 2023, means any harm which is illegally caused to any\u00a0 person, concerning their body, mind, reputation or property.<\/span><\/p>\n

        3.14 <\/b>illegal, legally bound to do\u00a0<\/b><\/p>\n

        Under the scope of this Sanhita, under Section 2(14), the word \u201cillegal\u201d applies to everything\u00a0 which is an offence or which is prohibited by law, or which furnishes ground for a civil action;\u00a0 whereas, a person is said to be \u201clegally bound to do\u201d something which is illegal for him to omit.\u00a0\u00a0<\/span><\/p>\n

        3.15 <\/b>Judge\u00a0<\/b><\/p>\n

        According to Section 2(15) of BNS 2023, a \u201cJudge\u201d is a person appointed officially to rule on\u00a0 legal issues, including any individual or group legally empowered to pass a final judgement in\u00a0 civil or criminal matters. This also encompasses a Magistrate who deals with cases in which\u00a0 they have the authority to impose a penalty, irrespective of whether or not an appeal is\u00a0 permissible.\u00a0<\/span><\/p>\n

        3.16 <\/b>life\u00a0<\/b><\/p>\n

        \u201clife\u201d under this Sanhita, under Section 2(16), refers to the life of a human being, unless the\u00a0 context suggests otherwise.\u00a0<\/span><\/p>\n

        3.17 <\/b>local law<\/b>\u00a0<\/b><\/p>\n

        Under Section 2(17) of BNS 2023, \u201clocal law\u201d refers to a law applicable only to a particular\u00a0 part of India. It can include a law made for a particular state, or a specific region within the\u00a0 state, or it can have jurisdiction in more than one state.\u00a0<\/span><\/p>\n

        3.18 <\/b>man<\/b>\u00a0<\/b><\/p>\n

        \u201cman\u201d under this Sanhita, under Section 2(18) refers to a male human being of any age. <\/span>3.19 <\/b>mental illness\u00a0<\/b><\/p>\n

        Under Section 2(19) of BNS 2023, the term \u201cmental health\u201d shall have the meaning which is\u00a0 assigned to it under clause (a) of Section 2 of the Mental Healthcare Act, 2017.\u00a0<\/span><\/p>\n

        3.20 <\/b>month and year<\/b>\u00a0<\/b><\/p>\n

        Under Section 2(20) of BNS 2023, whenever the term \u201cmonth\u201d or \u201cyear\u201d is mentioned in this\u00a0 Sanhita, it is to be reckoned according to the Gregorian calendar.<\/span><\/p>\n

        3.21 <\/b>movable property <\/b>\u00a0<\/b><\/p>\n

        According to Section 2(21), \u201cmovable property\u201d includes any property, except land and things\u00a0 attached to the earth or permanently fastened to anything which is attached to the Earth. In\u00a0 simpler terms, any property that can be moved from one place to another is a \u2018movable\u00a0 property\u2019. Usually, the transfer of all movable property occurs under the Sales of Goods Act,\u00a0 1930.\u00a0<\/span><\/p>\n

        3.22 <\/b>Number\u00a0<\/b><\/p>\n

        According to Section 2(22) of the Sanhita, unless the context indicates otherwise, words that\u00a0 import the single number also import the plural number, and words that import the plural\u00a0 number also import the singular number.\u00a0<\/span><\/p>\n

        3.23 <\/b>oath<\/b>\u00a0<\/b><\/p>\n

        Any declaration mandated or permitted by law to be made in front of a public official or to be\u00a0 used as evidence, whether in court or not, is considered a “oath” under Section 2(23) of BNS\u00a0 2023, which is a solemn affirmation that is legally substituted for an oath.\u00a0<\/span><\/p>\n

        3.24 <\/b>offence\u00a0<\/b><\/p>\n

        The term “offence”, under Section 2(24) of the Sanhita, refers to acts punishable under the\u00a0 Sanhita or any special or local law. In most sections, it refers to acts punishable under the\u00a0 Sanhita or local law, and in sections 183, 205, 206, 232, 233, 243, 247, and 323, it refers to acts punishable under such law with imprisonment for six months or more.\u00a0<\/span><\/p>\n

        3.25 <\/b>omission\u00a0<\/b><\/p>\n

        An \u201cact\u201d under this Sanhita includes a single act or a series of acts, under Section 2(25). <\/span>3.26 <\/b>person<\/b>\u00a0<\/b><\/p>\n

        Any business, association, or group of people, whether or not they are incorporated, is\u00a0 considered a “person” under Section 2(26) of BNS 2023.<\/span><\/p>\n

        3.27 <\/b>public\u00a0<\/b><\/p>\n

        Any community or class of the public is considered “public” under Section 2(27) of BNS\u00a0 2023.\u00a0<\/span><\/p>\n

        3.28 <\/b>public servant\u00a0<\/b><\/p>\n

        By Section 2(28) of BNS 2023, Judges, assessors, arbitrators, commissioned officers in the\u00a0 Army, Navy, or Air Force, and others are examples of public servants serving in a variety of\u00a0 capacities. They are also vested with the duty of holding elections, combating crime, and\u00a0 ensuring better public health. Members of the legislature, municipal corporation, and other\u00a0 public authorities are chosen through elections.\u00a0<\/span><\/p>\n

        3.29 <\/b>reason to believe\u00a0<\/b><\/p>\n

        Under Section 2(29) of this Sanhita, if someone has sufficient reason to believe something\u00a0 but not otherwise, that person is said to have “reason to believe” it.\u00a0<\/span><\/p>\n

        3.30 <\/b>special law\u00a0<\/b><\/p>\n

        Under Section 2(30), “special law” refers to a law that applies to a certain topic. <\/span>3.31 <\/b>valuable security\u00a0<\/b><\/p>\n

        “valuable security”, under Section 2(31) of BNS 2023, refers to a document that is, or appears\u00a0 to be, a document that creates, extends, transfers, restricts, extinguishes, or releases any legal\u00a0 rights, or in which an individual admits that he is subject to legal responsibility, or lacks a\u00a0 specific legal entitlement.\u00a0<\/span><\/p>\n

        3.32 <\/b>vessel\u00a0<\/b><\/p>\n

        Under Section 2(32), the term \u201cvessel\u201d means anything made for the conveyance by water of\u00a0 human beings or of property.\u00a0<\/span><\/p>\n

        3.33 <\/b>voluntarily\u00a0<\/b><\/p>\n

        Under Section 2(33), A person is said to cause an effect \u201cvoluntarily\u201d when he causes it by\u00a0 means whereby he intended to cause it, he knew or had reason to believe to be likely to cause\u00a0 it.<\/span><\/p>\n

        3.34 <\/b>will<\/b>\u00a0<\/b><\/p>\n

        Under Section 2(34), a \u201cwill\u201d is any testamentary document. The laws related to \u2018will\u2019 are\u00a0 according to the Indian Succession Act.\u00a0<\/span><\/p>\n

        3.35 <\/b>woman<\/b>\u00a0<\/b><\/p>\n

        \u201cwoman\u201d under this Sanhita, under Section 2(35), refers to a female human being of any age. <\/span>3.36 <\/b>wrongful gain\u00a0<\/b><\/p>\n

        \u201cwrongful gain\u201d, under Section 2(36), means the gain of property caused by unlawful means\u00a0 to the person who is not legally entitled to enjoy ownership of that property.\u00a0<\/span><\/p>\n

        3.37 <\/b>wrongful loss\u00a0<\/b><\/p>\n

        \u201cwrongful loss\u201d, under Section 2(37), means the loss of property caused by unlawful means to\u00a0 the person who is legally entitled to enjoy ownership of that property.\u00a0<\/span><\/p>\n

        3.38 <\/b>gaining wrongfully, losing wrongfully\u00a0<\/b><\/p>\n

        Under Section 2(38) of this Sanhita, a person is said to \u201cgain wrongfully\u201d when that person\u00a0 <\/span>retains <\/b>or <\/span>acquires <\/b>something wrongfully. On the other hand, a person is said to \u201close\u00a0 wrongfully\u201d when he is <\/span>kept out <\/b>or <\/span>deprived <\/b>of any property.\u00a0<\/span><\/p>\n

          \n
        1. GENERAL EXPLANATIONS\u00a0<\/b><\/li>\n<\/ol>\n

          Section 3 of the Bhartiya Nyaya Sanhita sets the fundamental principles of this Sanhita in place.\u00a0 It helps in removing the complexity that arises while interpreting the provisions in a court of\u00a0 law. This section discusses topics like gender neutrality in language, reference to acts includes\u00a0 illegal omissions, voluntary acts, etc. Most importantly, this section guarantees uniformity,\u00a0 lucidity, equity and clarity. So, let us briefly discuss each of these principles in the following\u00a0 points:\u00a0<\/span><\/p>\n

          4.1 <\/b>Understanding of definitions subject to exceptions <\/b>\u00a0<\/b><\/p>\n

          According to Section 3(1), every definition provided under this Sanhita shall be understood\u00a0 along with the exceptions attached to them in Chapter III \u2013 General Exceptions. Let us\u00a0<\/span><\/p>\n

          understand this principle using an illustration provided under the illustration part of Section\u00a0 3(1).\u00a0<\/span><\/p>\n

          Illustration<\/b>: The sections, in this Sanhita which contain definitions of offences, do not express\u00a0 that a child under seven years of age cannot commit such offences; but the definitions are to be\u00a0 understood subject to the general exception which provides that nothing shall be an offence\u00a0 which is done by a child under seven years of age.\u00a0<\/span><\/p>\n

          So, to ensure the exceptions are well integrated and recognised by the Sanhita, this sub-section\u00a0 was incorporated. This sub-section promotes the general defences the Sanhita provides to\u00a0 safeguard the rights of the individuals.\u00a0<\/span><\/p>\n

          4.2 <\/b>Uniform Expression\u00a0<\/b><\/p>\n

          Section 3(2) of the Bhartiya Nyaya Sanhita 2023, every expression that is explained in any of\u00a0 the Sections of this Sanhita bears the same meaning in every Section of this Sanhita in a manner\u00a0 that is consistent with the explanation. This provision promotes consistency in the legal\u00a0 interpretation of statutes. This subsection assists the judges and lawyers throughout the country\u00a0 to achieve uniformity in the interpretation of the Sanhita.\u00a0<\/span><\/p>\n

          4.3 <\/b>Gender Neutrality in Possession of Property\u00a0<\/b><\/p>\n

          Under Section 3(2), when a person’s spouse, clerk, or servant is in possession of property on\u00a0 behalf of that person, the property is regarded to be in the ownership of the person. The\u00a0 explanation portion of the subsection includes temporary servants and clerks also within the\u00a0 ambit of this subsection.\u00a0<\/span><\/p>\n

          Example<\/b>: <\/b>A, being B\u2019s wife, is in possession of B\u2019s house. In that case, A will be regarded as\u00a0 having ownership of B\u2019s property alongside B.\u00a0<\/span><\/p>\n

          4.4 <\/b>Reference To Acts Includes Illegal Omissions <\/b>\u00a0<\/b><\/p>\n

          Section 3(4) of the Bhartiya Nyaya Sanhita 2023 expands the scope of criminal liability by\u00a0 incorporating \u2018illegal omissions\u2019 for every act done. Illegal Omission refers to neglecting to\u00a0<\/span><\/p>\n

          perform the law where one is specifically supposed to perform it. So, for example, for example,\u00a0 if a person is aware of the occurrence of an offence and does not report it to the authorities as\u00a0 they are legally obligated to do so, their failure to report can face penal sanctions under the\u00a0 Sanhita.\u00a0<\/span><\/p>\n

          4.5 <\/b>Liability for Acts Done by Several Persons in Furtherance of a Common Intention <\/b>\u00a0<\/b><\/p>\n

          According to Section 3(5) of the Bhartiya Nyaya Sanhita 2023, when in furtherance of the\u00a0 common intention of all, a criminal act is done by several persons, each of such persons will\u00a0 be held liable for that act in the same manner as if the criminal act were done by the individuals\u00a0 alone.\u00a0<\/span><\/p>\n

          In the case of <\/span>Barendra Kumar Ghosh <\/i><\/b>v. <\/span><\/i>King Emperor <\/i><\/b>(1925), <\/span><\/i>the Privy Council upheld the\u00a0 principle of joint liability under Section 34 IPC, holding that participation in a crime with a\u00a0 common intention makes all participants equally liable, regardless of the specific role played.<\/span>4<\/span>\u00a0<\/span><\/p>\n

            \n
          1. CONCLUSION\u00a0<\/b><\/li>\n<\/ol>\n

            Chapter 1 of the Bhartiya Nyaya Sanhita opens up the statute in great detail. Provisions taken\u00a0 from the IPC, also the new ones added in the Sanhita, determine the title, territorial jurisdiction\u00a0 and basic principles which lay the foundation for a robust criminal legislation. These provisions\u00a0 are not procedural alone but have substantive significance in determining how offences are\u00a0 conceptualised, prosecuted, and decided. Overall, Chapter I marks a distinct departure from the\u00a0 colonial basis of the IPC and evidences a progressive, constitutionally informed approach to\u00a0 criminal justice in India.\u00a0<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

            Author: Rudrajeet Thakur INTRODUCTION\u00a0 The journey of Major Criminal Laws in India begins with the substantive criminal law of the\u00a0 land. In India, this is the Bhartiya Nyaya Sanhita, 2023 (BNS 2023). The Bhartiya Nyaya\u00a0 Sanhita received assent from the President in December 2023 and finally came into effect in\u00a0 July 2024. This Sanhita replaced […]<\/p>\n","protected":false},"author":1,"featured_media":5529,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[199],"tags":[],"_links":{"self":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5557"}],"collection":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/comments?post=5557"}],"version-history":[{"count":7,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5557\/revisions"}],"predecessor-version":[{"id":5565,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/5557\/revisions\/5565"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media\/5529"}],"wp:attachment":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media?parent=5557"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/categories?post=5557"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/tags?post=5557"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}